8735_ZONING AMENDMENT - MEDICAL MARIJUANA.pdf~730-
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Council
considers
marijuana
facility
zoning -. By Carley Dangona
carley@thereminder.com
AGAWAM -The City Council
conducted a public hearing
regarding an amendment to the
Zoning Ordinance to allow
registered medical marijuana
facilities within the town's borders,
During its regular meeting on
April 22, the council opened the
floor to the public to share its
opinion on medical marijuana
facilities. Only three people spoke,
two of whom were town
employees who elaborated on the
ordinance. The third was a resident
who gave her name in favor of the
resolution.
The cOlmcn approved the first
reading of the resolution. A second
must be supported to enact the
order.
Deborah Dachos, director of
Planning & Community
Development, spoke first. She
stated that in September 2013 the
council voted to enter an eight-
month moratorium on the issue,
which ends on May 16.
Dachos explained that during
the interim, the town ane\. others in
Western Massachusetts worked
with the Pioneer Valley Planning
Commission to create a "draft
ordinance" that would serve as the
basis for each town, allowing for
adjustments to be made to meet
~sPecific needs of each town,
William Reichelt of the town's
Department reviewed the
,,,~cific changes to Agawam's
version of the ordinance. He noted
that a medical marijuana site could
not be located next to areas zoned
as residential districts Or that
allowed residential use with mixed
zoning areas.
In other action,. the council
appointed Robert Rivkin to the
Agawam Municipal ~ Golf
Commission for a term that
expires on Dec. 31,2016, and it 1
elected Louis Russo to the ,
Community Preservation Act
Committee for a term that expires
ApriJ30,2017.
The council also unanimously
approved the first reading of
Resolution TOR-2014-2, an
ordinance to amend the town's
code to establish a housing
committee. A second reading must
be approved to enact the
legislation.
Two public hearings were set
for uFcoming council meetings.
Public hearings regarding the
creation of a Mixed Use Business
C District will talce place on May
19 and the fiscal year 2015-2019
Capitallmprovernent Program will
he conducted on June 2.
•
Memo
To: Marc Strange, ZBA
From: Stephen Buoniconti
cc: Patrick Toney
Date: 3/28/2016
Re: Marijuana Dispensary Zoning Laws
• Agawam Law
Department
Issue Presented: What is the proper procedure pertaining to the Planning Board for Registered
Marijuana Dispensary ("RMD") and Off Site Medical Marijuana Dispensary ("OMMD") if the parcel in
question is Business A or B1
The Board should be aware of the following. TOR-2014-1, AN ORDINANCE TO AMEND THE
ZONING ORDINANCE OF THE TOWN OF AGAWAM TO ALLOW REGISTERED MEDICAL
MARIJUANA FACILITIES, was adopted by the City Council on May 51h, 2014, and signed by the
Mayor on May6lh, 2014.
Section 2 of TOR-2014-1 amends Article X of section 180-55(B) by requiring a special permit for
Marijuana Dispensary ("RMD") and an Off-Site Medical Marijuana Dispensary ("OMMD").
Section 3 ofTOR-2014-1 amended section 180-55(B) by adding a RMD or an OMMD to the
permitted uses in the Industrial A Zones. Because of the placement of this language into only Industrial
A zones, RMD's and OMMD's shall be sited only in Industrial A zones, or thus Industrial B Zones as
Industrial B permits uses incorporated in Industrial A.
The requirement of a special permit regardless of the location of the application combined with
the amended permitted uses in Industrial initially should be treated as two separate and distinct
requirements for an application. Thus, any RMD or OMMD application to qualify under TOR-2014-1
must be sited on a zoned Industrial A or B site as well as apply for and receive a special permit.
If an applicant is seeking an RMD or OMMD on a site currently zoned Business A or B, the
applicant must seek a zoning change to Industrial A or B, and win approval, for the application to be a
properly designated site. Whether a zone change is allowed to proceed concurrently with a special
permit application is up to the local officials.
The State application requires either the City Councilor the Mayor to submit a letter to the
applicant that it has been "verified with the appropriate local officials that the proposed RMD facility is
located in a zoning district that allows such use by right or pursuant to local permitting". The Mayor or
City Council has to verify that the site in question is a valid location under the Zoning Laws before
signing a letter. And the applicant is required to get such a letter for their application to be processed.
In addition to the requirement of a parcel being zoned Industrial A or B, there is another layer of
review. TOR-2014-1, Section 180-124 (C) Location prohibits an RMD or an OMMD from being
situated within 500 feet of any schools, colleges, child care facilities or any uses where "children
• • commonly congregate in an organized ongoing formal basis." The State has interpreted such language
to also include parks and playgrounds but not places of worship. The RMO and OMMO also cannot
abut a residential use or residential zoning district, or be located inside a building containing residential
units.
If an applicant has a parcel under agreement that is zoned Industrial A or B, the application
should proceed to the special permit process and be reviewed as to whether it complies with the
additional "location" language.
If the parcel in question is zoned Business A or B, the applicant is required to apply for and be
awarded a zoning change to Industrial A or B, along with seeking a special permit. The additional
"location" requirements must also be met.
In summary:
Proposed sites that are in Business A or B zones must get
1. a zone change to Industrial A or B, and
2. a special permit
Proposed sites in Industrial A or B must get:
1. a special permit
Any proposal ALSO must meet the additional "location" requirements to receive a letter of
support or non-opposition from the Town that verifies that the location is in a permitted zone. Local
permitting authorities need to verify to either the City Councilor Mayor that the proposed site in an
application allows for the use of an RMO or OMMO. Please note that the verification by the local
permitting authority does not mean that the special permit must be awarded first, only that the parcel is
properly zoned. So if an applicant is seeking a zone change, any local authority cannot endorse a letter
until the zone change to Industrial A or B is approved .
• Page 2
Pamela Kerr
From:
Sent:
To:
Cc:
Subject:
Attachments:
Dear Planning Board members,
•
Marc Strange
Tuesday, March 22, 2016 1:02 PM
Paleologopoulos, Mark; David Chase; eden214@aol.com; Nick Pandolfi; Mario Tedeschi
Pamela Kerr; Stephen Buoniconti; Marc Strange
FW: Medical Maruuana Information
SMYR-MIN-C314052714460.pdf
We have had multiple inquiries from different groups regarding establishing a registered marijuana dispensary (RMD) in
town. I have been under the impression that, according to the town's medical marijuana ordinance, RMDs are allowed
only in Industrial zones. However, most recently we were approached by a group seriously looking to purchase the old
Dunkin Donuts at 12 Springfield Street next to the Morgan-Sullivan bridge, which is currently zoned Business A. So this
group asked us to research the process for seeking a zone change for that parcel from Business A to Industrial A. In doing
so, the law department further researched the statute and provided the opinion below, which concludes that the
medical marijuana ordinance does not preclude RMDs from Business A or Business B districts. I agree with this legal
interpretation, which has been shared with the group looking to purchase 12 Springfield Street. They are likely to pursue
the requisite special permit from ZBA and the letter of non-opposition from either the Mayor or City Council. Who
knows where those processes end up but I wanted to let you all know. As for the zoning issue, Pam has urged me to
notify you all of the law department's opinion on the zoning issue in the event that you would like to petition the City
Council for a change in the ordinance to explicitly exclude RMDs from any zones except Industrial zones.
We can certainly discuss this further at the next Board meeting. Please don't respond to this e-mail with any opinions
because doing so may be an Open Meeting law violation. Thank you.
Marc A, Strange, Director
Planning & Community Development
Town of Agawam
36 Main Street
Agawam, MA 01001
(413) 786-0400 ext. 8245
From: Stephen Buoniconti
Sent: Wednesday, March 16, 2016 3:28 PM
To: Marc Strange
Subject: RE: Medical Marijuana Information
Marc-I am attaching the TOR on Medical marijuana so that we are looking at the same rules. When reviewing location,
you will see that it does not necessarily to be located in Industrial A. In my review of the location, Industrial A or B is not
explicitly listed. The location cannot be contiguous to a residential zone or property occupied as residential. At a
minimal, it needs to be a business parcel, with at least business parcels all contiguous to the parcel. It also needs to be
beyond 500 feet or where children commonly congregate (measured from the property Iines).That is the state language
and it has been interpreted as "formal congregation" such as day cares and schools. As an example, churches have not
been considered by the State as meeting that definition.
The issue in Agawam is all the spot zoning and the business zoning that exists on many of the major roadways. If there
are no residential zones or uses contiguous to the parcel, Dunkin Donuts may indeed not be a site automatically
impermissible under the TOR.
1
•
2
• • ~~21/f &,1 ,; ~5-')~1'1
TOR-2014-1 (}..,().{)((5yed T5j'SJI'f
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE TO~ OF
AGAWAM TO ALLOW REGISTERED MEDICAL MARIJUANA FACILITIES
Sponsored by the Planning Board
WHEREAS, the Agawam Planning Board voted to act as petitioner for this
proposed zoning amendment to allow registered medical marijUllllll facilities; and
WHEREAS, by vote at the State election on November 6, 2012, the voters of the
Commonwealth approved, Chapter 369 of the Acts of 2012, a law regulating the
cultivation, distribution, possession and use of marijUllllll for medical purposes; and
WHEREAS, currently under the Zoning Ordinance, a Medical Marijuana
Treatment Center is not a permitted use in the Town; and
WHEREAS, the regulation of medical marijuana raises novel and oomplex legal,
planning, and public safety issues; and
WHEREAS, the current moratorium will end on May 16, 2014; and
WHEREAS, the Town intends to allow registered medical marijuana facilities in
a manner consistent with sonnd land use planning goals and objectives; and
WHEREAS, it is in the best interest of the Town of Agawam to allow medical
marijuana facilities while providing sufficient oversight to ensure proper geographic
location, and standards for parking, loading, delivery, security, landscaping, and signage
for such uses.
NOW THEREFORE, the Agawam City Council hereby resolves, ordains and
amends and enacts the following amendments to the Zoning Ordinance of Agawam:
SECTION 1. Section 180-2 of said ordinance shall be amended by inserting the
following:-
RegUtered MarljlllUUl Dispensary (RMD)
A use operated by a not-fur-profit entity registered and approved by the MA
Department of Public Health on accordance with 105 CMR 725.000, and pursuant
to all other applicable state laws and regulations, also to be known as a Medical
Marijuana Treatment Center, that acquiIes, cultivates, possesses, processes
(including development of related products such as food, tinctures, aerosols, oils,
or ointments), transfers, transports, sells, distributes, dispenses, or administers
marijuana, products containing marijuana, related supplies, or educational
materials to registered qualifying patients or their personal caregivers. A RMD
shall explicitly include facilities which cultivate and process medical marijuana,
and which may also dispense and deliver medical marijuana and related products.
• •
The cultivation and processing of medical marijuana in accordance with these
regulations is considered to be a manufacturing use and is not agricultura1ly
exempt from zoning.
Off-Site Medical MlIli,juana Dispensary (OMMD)
A Registered Marijuana Dispensary that is located off-site from the
cultivationlprocessing facility (and controlled and operated by the same registered
and approved not-for-profit entity which operates an affiliated RMD) but which
serves only to dispense the processed marijuana, related supplies and educational
materials to registered Qualifying Patients or their personal caregivers in
accordance with the provisions of lOSCMR 72S.00.
SECTION 2. The first sentence of section lSO-SS(B) of Article X of said ordinance, as so
appearing, shall be amended by inserting after the word "allowed" the following words:-,
by Special Permit,
SECTION 3. Article X of aaid ordinance shall be amended by inserting after section IS0-
SS(B)(32) the following sections:-
(33) Registered Marijuana Dispenslll}'.
(34) Off-Site Medical Marijuana Dispensary.
SECTION 4. Section lSO-I23 under Article xvm, as appearing in TOR-20l3-7, shall be
deleted in its entirety and inserting in place thereof the following:-
1186-U3 Purpose.
It is recognized that the nature of the substance cultivated, processed,
and/or sold by medical marijuana treatment centers and off-site medical
marijuana dispensaries may have objectionable operstional characteristics
and should be located in such a way as to ensure the health, aafety, and
general well-being of the public as well as patients SMking treatment. The
specific and separate regulation of Registered Marijuana Dispensaries
("RMD") as Medical Marijuana Treatment Centers and Off-site Medical
. Marijuana Dispensary ("OMMD") facilities is necesS/lIy to advance these
puIpOses and ensure that such facilities are not located within close
proximity of minors and do not become concentrated in anyone area
within the Town of Agawam.
Subject to the provisions of this Zoning Bylaw, Chapter 40A of the
Massachnsetts General Laws, and lOS CMR 725.000, Registered
Marijuana Dispensaries and Off-site Medical Marijuana Dispensaries will
be permitted to provide medical support, security, and physician oversight
that meet or exceed state regulations as established by the Massachusetts
Department of Health (''MOPH',).
Pagelof7
• •
SECTION S. Article xvm of said ordinance shall be amended by inserting after section
180-123 the following section:-
§180-124 Addition" Requirements/Conditions.
In addition to the standard requirements for uses requiring a Special
Permit and Site Plan Approval, the following shall also apply to all
Registered Marijuana Dispensaries and Off-Site Medical Marijuana
Dispensaries:
A. Use
(1) RMD and OMMO facilities may only be involved in the uses
permitted by its definition and may not include other businesses or
services.
(2) No marijuana shall be smoked, eaten or otherwise consumed or
ingested within the premises.
(3) The hours of operation shall be set by the Special Permit Granting
Authority, but in no event shall an RMD or OMMO facility be
open to the public, and no sale or other distribution of marijuana
shall occur upon the premises or via delivery from the premises,
between the hours of 8:00 p.m. and 8:00 a.m.
(4) RMD facilities that can demonstrate that they comply with the
agricultUIal. exemption under M.GL. Chapter 4OA, Section 3 must
still apply for Site Plan Approval.
B. Phyaical Requirements
(1) All aspects of the uselfacility relative to the acquiaition, cultivation,
possession, processing, sales, distribution, dispensing, or
adrninistration of marijuana, products containing marijuana, related
supplies, or educational materials must take place at a fixed
location within a fully enclosed building and shall not be visible
from the exterior of the business.
(2) No outside storage is permitted.
(3) No OMMO Facility shall have a gross floor area in excess of2,SOO
square feet.
(4) Ventilation -all RMD and OMMO facilities shall be ventilated in
such a manner that no:
B. Signage
(a) Pesticides, insecticides or other chemicals or products used
in the cultivation or processing are dispersed into the
outside atmosphere; and
(b) No odor from marijuana or its processing can be detected
by a person with an unimpaired and otherwise normal scose
of smell at the exterior of the medical marijuana business or
at any adjoining use or property.
(1) Signage shall be displayed on the exterior of the RMD and OMMO
facility's entrance in plain sight of clients stating that "Registration
Card issued by the MA Department of Public Health required" in
text two inches in height.
Page30f7
• •
(2) All signage must confonn to the requirements of Section VII of
these bylaws.
(3) In addition, all signagc must conform to the requirements of IDS
CMR 725.105(L.) as amended.
C. Location
(1) No RMD and OMMD facility shall be located on a pan:el which is
within five hundred (SOO) feet (to be measured in a straight line
from the nearest points of each property line) of pan:el occupied
by:
(a) a public or private elementary, junior high, middle,
vocational or high school, college, junior college,
university or child care facility or any other use in which
children commonly congregate in an organized ongoing
fotmal basis, or
(b) another RMD or OMMD facility, except that this limitation
shall not apply in Indus1rial zones.
(2) No RMD or OMMD facility shall be located on a lot which abuts a
residential use (including commercial residential uses such as
hotels, motels, lodging houses, etc.) or residential zoning district.
(3) No RMD or OMMD facility shall be located inside a building
containing residential units, including transient housing such as
motels and dormitories.
D. Reporting Requirements
(1) All Special Pennit and Site Plan Approval holders fur an RMD or
OMMO facility shall provide the Police Department, Fire
Department, Building Inspector and the Special Permit Granting
Authority with the names, phone numbers and email addresses of
all management staff and key-holders, including a minimlDD. of two
(2) operators or manago:rs of the facility identified as contact
persons to whom one can provide notice if there are operating
problems associated with the establishment. All such contact
information shall be updated as needed to keep it current and
accurate.
(2) The local Building Inspector, Board of Health, Police Department,
Fire Department and Special Permit Granting Authority (in cases
where a Special Permit and Site Plan Approval was granted) shall
be notified in writing by an RMD or OMMO facility
ownerJoperarorl manager:
(a) A minimum of 30 days prior to any change in ownership or
management of that facility
(b) A minimum of 12 hours following a violation or potential
violation of any law or any criminal or potential criminal
activities or attempts of violation of any law at the RMD or
OMMO.
(3) Permitted RMD and OMMO facilities shall file an annual report to
and appear before the Special Permit Granting Authority no 1ater
than January 31st, providing a copy of all current applicable state
licenses fur the facility and/or its owners and demonstrate
continued compliance with the conditions of the Special Permit.
Page4of7
• •
(4) The owner-or manager is required to respond by phone or email
within twenty-four hours of contact by a city official concerning
their RMD or OMMD at the phone number or email address
provided to the City as the contact for the business.
E. IssuancelTI1IlllIferlDisoontinuance of Use
(1) Special PermitsfSite Plan Approvals sha11 be issued to the RMD
Operator
(2) Special Permits/Site Plan Approvals sha11 be issued for a specific
sitelparcel
(3) Special Permits/Site Plan Approvals sha11 be non-transferable to
either another-RMD Operator or sitc'parcel
(4) Special PermitsfSite plan Approvals sha11 have a term limited to
the duration of the applicant's ownership/control of the premises as
a RMD or OMMD, and shall lapse:
(a) If the permit holder ceases operation of the RMD, and/or
(b) The permit holder's registration by MDPH expires or is
terminated
(5) The permit holder shall notify the Zoning Enforcement Officer and
Special Permit Granting Authority in writing within 48 hours of
such lapse, cessation, discontinuance or expiration.
(6) An RMD or OMMD facility shall be required to remove all
material, plants equipment and other parapherna1ia prior to
surrendering its state Registration or ceasing its operation.
(a) Prior to the issuance of a Building Permit for a RMD or
OMMD the applicant is required to post with the Town
Treasurer-a bond or other fonn of :financial security
acceptable to said Treasurer in an amount set by the
Planning Board. The amount sha11 be sufficient to cover-
the costs of the town removing all materials. plants.
equipment and other pampherna1ia if the applicant fiills to
do so. The Building Inspector sha11 give the applicant 45
days' written notice in advance of tsking such action.
Should the applicant remove all materials, plants,
equipment and other-paraphernalia to the satisfaction of the
Building Inspector prior to the expiration of the 45 days
written notice, said bond sha11 be returned to the applicant.
SECTION 6. Article XVllI of said ordinance shall be further amended by inserting after
section 180-124 the following section:-
§180-125 Applietltion Requirements.
In addition to the standard application requirements for Special Permits
and Site Plan Approvals, such applications for an RMD or OMMD facility
sha11 include all of the following:
(1) The name and address of esch owner of the RMD or OMMD
facility/operation;
Page50f7
• •
(2) A copy of its registration as an RMD from the Massachusetts
Department of Public Health or documentation that demonstrates
that said RMD or OMMO facility, and it's owner/operators,
qualifY and are eligible to receive a Certificate of Registration and
meet all of the requirements of a RMD in accordance with 105
CMR 725.000 of the Massachusetts Department of Public Health;
(3) Evidence that the Applicant has site control and right to usc the
site for a RMD or OMMO facility in the form of a deed or valid
purchase and sales agreement or, in the case of a lease a notarized
statement from the property owner and a copy of the lease
agreement;
(4) A notarized statement signed by the RMD or OMMO
organization's Chief Executive Officer and corporate attorney
disclosing all of its designated representatives, including officers,
directors, shareholders, partners, members, managers, or other
similarly-situated individuals and entities and their addresses. If
any of the above are entities rather than persons, the Applicant
must disclose the identity of all such responsible individual
persons;
(5) In addition to what is normally required in a Site Plan, details
showing all exterior proposed security measures for the RMD or
OMMO including lighting, fencing, gates and alarms, etc. ensuring
the safety of employees and patrons and to protect the premises
from theft or other criminal activity;
(6) A detailed floor plan identifying the areas available and fimctional
uses (including square footage);
(7) All signage being proposed for the facility;
(8) A traffic study to establish the RMD or OMMO impacts at peak
demand times; and
(9) A Management Plan including a description of all activities to
occur on site, including all provisions for the delivery of medicsl
marijuana and related products to OMMOs or off-site direct
delivery to patients.
SECTION 7. Article xvm of said ordinance shall be further amended by inserting after
section 180-125 the following section:-
1180-126 FlndiDgs.
In addition to the standard Findings for a Special Permit and Site Plan
Approval the Special Permit Granting Authority must also find all the
following:
(1) That the RMD or OMMO facility is designed to minimize any
adverse visual or economic impacts on abutters and other parties in
interest;
(2) That the RMD or OMMO facility demonstrates that it will meet all
the permitting requirements of all applicable agencies within the
Page6of7
• •
Commonwealth of Massachusetts and will be in compliance with
all applicable state laws and regulations;
(3) That the applicant has satisfied all of the conditions and
requirements of this Section and other applicable Sections of this
OnIinance;
(4) That the RMD or OMMD project meets a demonstrated need;
(5) That the RMD or OMMD facility provides adequate scc:urity
measures to ensure that no individual participant will pose a direct
threat to the health or safety of other individuals, and that the
storage and/or location of cultivation is adequately secured; and
(6) That the RMD or OMMD facility adequately addresses issues
of traffic demand, circulation flow, parking and queuing.
particularly at peak periods at the f8ci1ity, and it impact on
neighboring uses.
Dated this t5'f-l day of M~c .2014.
PER ORDER OF THE AGAWAM CITY COUNCIL
~-
TO FORM AND LEGALITY ,
Page7of7
-, • •
MAYORAL ACTION
Received this __ \o=--Ih ___ daY of ffituJ: ' 2014 from Council Clerk.
Signed by Council President this 9h day of mClAf ,2014.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawq Charter, as am~erebY approve the passage of the above legislation on this ( fl!!.!. day of
-~I-!-..:!C:::JJ--_..:o, 2014.
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby veto the passage of the above legislation on this day of
_______ -',2014 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this lpkt'l day of ~ ,2014.
• •
REGULAR CITY COUNCIL MEETING
ROBERTA G. DOERING SCHOOL
68 Main Street, Agawam, Massachusetts
***Tuesday, April 22, 2014 ***
7:00P.M.
AGENDA
I. Roll Call
2. Moment of Silence and the Pledge of Allegiance
3. Citizen's Speak Time
4. Minutes
1. Regular Council Meeting -April 7, 2014
5. Declaration from Council President
6. Presentation of Petitions, Resolutions, Memorials & Remonstrances
1. TR-2014-15 - A Resolution Confirming the Appointment of
Robert Rivkin, 34 Sherwood Drive, Agawam, MA 01001 to the
Agawam Municipal Golf Commission for a term expiring on December
31,2016 (Mayor)
2. TR-2014-16 - A Resolution to Amend the Rules and
Regulations of the Agawam City Council (Referred to Legislative
Committee) (Councilor Johnson)
3. TR-2014-17 - A Resolution accepting a grant in the amount
of $71,164.00 from the Massachusetts Emergency Management Agency
pursuant to Massachusetts General Laws, Chapter 44, Section 53A to
the Town of Agawam (Referred to Finance Committee) (Mayor)
4. TR-2014-18 - A Resolution accepting a grant in the amount
of $1,275.00 from FM Global pursuant to Massachusetts General Laws,
Chapter 44, Section 53A to the Agawam Fire Department (Referred to
Finance Committee) (Mayor)
5. TR-2014-19 - A Resolution authorizing the Reservation of
funds from the Community Preservation Fund ( CPA)
1
• •
7. Report of Council Committees
8. Elections
1. TE-2014-3 -Election of a member of the Community
Preservation Act Committee to a term expiring April 30, 2017
(City Council)
9. Public Hearings
1. PH-2014-1 (TOR-2014-1) -An Ordinance to Amend the
Zoning Ordinance of the Town of Agawam to allow Registered Medical
Marijuana Facilities (planning Board) (I of2 readings)
2. PH-2014-2 (TOR-2014-4) -An Ordinance amending the
Zoning Code of the Town of Agawam creating the Mixed Use Business
C District (planning Board) (Referred to Legislative Committee) (Two
Readings Required) -Public Hearing Date setJor May 19, 2014
3. PH-2014-3 (TR-2014-20) -A Resolution adopting the
Fiscal Year 2015-2019 Capital1mprovement Program (Referred to
Finance Committee) (Mayor) -Public Hearing Date set Jor June 2,
2014
10. Old Business
1. TO-2014-6 -Voucher List ($2,187.50)
2. TO-2014-7 -An Order granting or renewing a Junk
Dealer's PERMIT for T's Jewelers, 559 Springfield Street, Feeding
Hills, MA. (Referred to Administrative Committee) (Clerk)
3. TO-2014-8 -An Order granting or renewing an Automatic
Amusement PERMIT for Headquarter's Bar & GriUe, 485B
Springfield Street, Agawam, MA (Referred to Administrative
Committee) (Clerk)
4. TOR-2014-2 -An Ordinance to Amend the Code of the
Town of Agawam to Establish the Agawam Housing Committee
(Councilor Johnson) (Referred to Legislative Committee) (Two
Readings Required)
5. TOR-2014-3
the Agawam Town
(Mayor) (Referred
Required)
-An Ordinance to Amend the Chapter 114 of
Code entitled "Junk and Secondhand Dealers"
to Legislative Committee) (Two Readings
6. TO-2014-9 -Transfer of $5,830.00 from Council
Professional Services (#11112-52190) to Council Equipment, Repair &
Maintenance (#11112-52030) (City Council)
2
•
II.
•
New Business
I. TR-2014-21 - A Resolution accepting a Grant in the amount
of One Thousand five Hundred ($1,500.00) Dollars from the
Massachusetts Emergency management Agency Project Management
Office pursuant to Massachusetts General Laws Chapter 44, Section
53A for Haz-Mat Planning Activities (Mayor)
2. TR-2014-22 - A Resolution confirming the reappointment of
Henry Kozloski, 102 Meadow Street, Agawam, Ma to the Community
Preservation Act Committee to a term expiring April 30, 2017 (City
Council)
3. TR-2014-23 - A Resolution confirming the reappointment of
Violet Baldwin, 1245 Main Street, Agawam, Ma to the Community
Preservation Act Committee to a term expiring April 30, 2017 (City
Council)
4. TO-2014-10 -An Order granting or renewing a LICENSE
for an Automatic Amusement Device and Weekly Amusement Permit
for Six Flags New England located at 1623 Main Street, Agawam, MA
(Clerk)
12. Any other matter that may legally come before the City Council.
Adjournment.
3
PRESIDENT
Christopher C. lohnson
VICE PRESIDENT
Dennis J. Perry
COUNCILORS
George Bitzas
Cecilia P. Calabrese
Paul C. Cavallo
lames P. Cichelti
Gina M Letellier
Joseph Mineo
Donald M Rheault
Robert E. Rossi
Anthony R. Suffiiti
ADMlNfSTRA TIVE
ASSISTANT
Barbara A. Bard
TELEPHONE
(413) 726-9716
FAX
(413) 726-9717
EMAIL
bbardtiYagcn'lJam.ma. us
• • AGAWAM CITY COUNCIL
36 MAIN STREET
AGAWAM, MASSACHUSETTS 01001
NOTICE OF MEETING
PLEASE BE ADVISED THAT THERE WILL BE A LEGISLATIVE
SUB-COMMITTEE MEETING AND COUNCIL WORKSHOP, ON
TUESDA Y, APRIL 22, 2014 AT 6:20pm, IMMEDIATELY PRIOR TO
THE REGULARLY SCHEDULED CITY COUNCIL MEETING IN
THE AUDITORIUM AT THE ROBERTA G. DOERING SCHOOL,
68 MAIN STREET, AGAWAM, MA.
1.
2.
3.
AGENDA
PH-20l3-1 (TOR-2014-1) -An Ordinance to Amend the
Zoning Ordinance of the Town of Agawam to allow Registered
Medical Marijuana Facilities (Planning Board) (Public Hearigs
Date set for April 22, 2014) == --;0.
TR-2014-16 - A Resolution to Amend the Rules and Regulati~
of the Agawam City Council (Councilor Johnson) ci:,"
. '" TOR-2014-2 -An Ordinance to Amend the Code of the Towmof
Agawam to Establish the Agawam Housing Committee (Coun~r
Johnson) (Two Readings Required) N
'.0
4. TOR-2014-3 -An Ordinance to Amend the Chapter 114 of the
Agawam Town Code entitled "Junk and Secondhand Dealers"
(Mayor) (Two Readings Required)
5. TOR-2014-4 -An Ordinance amending the Zoning Code of the
Town of Agawam creating the Mixed Use Business C District
(Planning Board) (Two Readings Required)
6. Any other business that may legally come before the Committee.
cc: Committee Members Letellier, Cavallo, Rossi, and Bitzas
Full Council
Mayor, J
Solicitor
• •
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
April 7, 2014
Christopher C. Johnson, President
Dennis J. Perry, Vice President
George Bitzas, Councilor
Cecilia P. Calabrese, CoUIicilor
Paul C. Cavallo, Councilor
James P. Cichetti, Councilor
Gina M. Letellier, Councilor
Robert A. Magovem, Councilor
Joseph Mineo, Councilor
Donald M. Rheault, Councilor
Robert Rossi, Councilor
Agawam Town Council
36 Main Street
Agawam, MA 01001
Dear Councilors: .
I
--J
-
At its duly called meeting held on April 3, 2014, the Agawam Planning Board voted to send a
positive recommendation to the Town Council with regard to TOR-2014-1-Medica1 Marijuana
Facilities.
If you have any questions, please contact this office at 786-0400, extension 8738.
Mark R. Paleologopoulos, Chairman
AGAWAM PLANNING BOARD
cc: Clerk, Solicitor, File
• • TOR-2014-1
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE TOWN OF
AGAWAM TO ALLOW REGISTERED MEDICAL MARIJUANA FACILITIES
Sponsored by the Planning Board
WHEREAS, the Agawam Planning Board voted to act as petitioner for this
proposed zoning amendment to allow registered medical marijuana facilities; and
WHEREAS, by vote at the State election on November 6, 2012, the voters of the
Commonwealth approved, Chapter 369 of the Acts of 2012, a law regulating the
cultivation, distribution, possession and use of marijuana for medical purposes; and
WHEREAS, currently under the Zoning Ordinance, a Medical Marijuana
Treatment Center is not a permitted use in the Town; and
WHEREAS, the regulation of medical marijuana raises novel and complex legal,
planning, and public safety issues; and
WHEREAS, the current moratorium will end on May 16,2014; and
WHEREAS, the Town intends to allow registered medical marijuana facilities in
a manner consistent with sound land use planning goals and objectives; and
WHEREAS, it is in the best interest of the Town of Agawam to allow medical
marijuana facilities while providing sufficient oversight to ensure proper geographic
location, and standards for parking, loading, delivery, security, landscaping, and signage
for such uses.
NOW THEREFORE, the Agawam City Council hereby resolves, ordains,
amends and enacts the following amendments to the Zoning Ordinance of Agawam:
SECTION 1. Section 180-2 of said ordinance shall be amended by inserting the
following:-
Registered Marijuana Dispensary (RMD)
A use operated by a not-for-profit entity registered and approved by the MA
Department of Public Health on accordance with 105 CMR 725.000, and pursuant
to all other applicable state laws and regulations, also to be known as a Medical
Marijuana Treatment Center, that acquires, cultivates, possesses, processes
(including development of related products such as food, tinctures, aerosols, oils,
or ointments), transfers, transports, sells, distributes, dispenses, or administers
marijuana, products containing marijuana, related supplies, or educational
materials to registered qualifying patients or their personal caregivers. A RMD
shall explicitly include facilities which cultivate and process medical marijuana,
and which may also dispense and deliver medical marijuana and related products.
• • The cultivation and processing of medical marijuana in accordance with these
regulations is considered to be a manufacturing use and is not agriculturally
exempt from zoning.
Off-Site Medical Marijuana Dispensary (OMMD)
A Registered Marijuana Dispensary that is located off-site from the
cultivation/processing facility (and controlled and operated by the same registered
and approved not-for-profit entity which operates an affiliated RMD) but which
serves only to dispense the processed marijuana, related supplies and educational
materials to registered QualifYing Patients or their personal caregivers in
accordance with the provisions of 105CMR 725.00.
SECTION 2. The first sentence of section 180-55(B) of Article X of said ordinance, as so
appearing, shall be amended by inserting after the word "allowed" the following words:-,
by Special Permit,
SECTION 3. Article X of said ordinance shall be amended by inserting after section 180-
55(B)(32) the following sections:-
(33) Registered Marijuana Dispensary.
(34) Off-Site Medical Marijuana Dispensary.
SECTION 4. Section 180-123 under Article XVIII, as appearing in TOR-2013-?, shall be
deleted in its entirety and inserting in place thereof the following:-
§180-123 Purpose_
It is recognized that the nature of the substance cultivated, processed,
and/or sold by medical marijuana treatment centers and off-site medical
marijuana dispensaries may have objectionable operational characteristics
and should be located in such a way as to ensure the health, safety, and
general well-being of the public as well as patients seeking treatment. The
specific and separate regulation of Registered Marijuana Dispensaries
("RMD") as Medical Marijuana Treatment Centers and Off-site Medical
Marijuana Dispensary ("OMMD") facilities is necessary to advance these
purposes and ensure that such facilities are not located within close
proximity of minors and do not become concentrated in anyone area
within the Town of Agawam.
Subject to the provisions of this Zoning Bylaw, Chapter 40A of the
Massachusetts General Laws, and 105 CMR 725.000, Registered
Marijuana Dispensaries and Off-site Medical Marijuana Dispensaries will
be permitted to provide medical support, security, and physician oversight
that meet or exceed state regulations as established by the Massachusetts
Department of Health ("MDPH"). Nothing in this Zoning Ordinance shall
be construed to supersede federal and state laws governing the sale and
distribution of narcotic drugs.
Page 2 of?
• •
SECTION 5. Article XVIII of said ordinance shall be amended by inserting after section
180-123 the following section:-
§180-124 Additional Requirements/Conditions.
In addition to the standard requirements for uses reqUITIng a Special
Permit and Site Plan Approval, the following shall also apply to all
Registered Marijuana Dispensaries and Off-Site Medical Marijuana
Dispensaries:
A. Use
(I) RMD and OMMD facilities may only be involved in the uses
permitted by its definition and may not include other businesses or
servtces.
(2) No marijuana shall be smoked, eaten or otherwise consumed or
ingested within the premises.
(3) The hours of operation shall be set by the Special Permit Granting
Authority, but in no event shall an RMD or OMMD facility be
open to the public, and no sale or other distribution of marijuana
shall occur upon the premises or via delivery from the premises,
between the hours of8:00 p.m. and 8:00 a.m.
(4) RMD facilities that can demonstrate that they comply with the
agricultural exemption under M.G.L. Chapter 40A, Section 3 must
still apply for Site Plan Approval.
B. Physical Requirements
(1) All aspects of the use/facility relative to the acquisition, cultivation,
possession, processing, sales, distribution, dispensing, or
administration of marijuana, products containing marijuana, related
supplies, or educational materials must take place at a fixed
location within a fully enclosed building and shall not be visible
from the exterior of the business.
(2) No outside storage is permitted.
(3) No OMMD Facility shall have a gross floor area in excess of 2,500
square feet.
(4) Ventilation -all RMD and OMMD facilities shall be ventilated in
such a manner that no:
B. Signage
(a) Pesticides, insecticides or other chemicals or products used
in the cultivation or processing are dispersed into the
outside atmosphere; and
(b) No odor from marijuana or its processing can be detected
by a person with an unimpaired and otherwise normal sense
of smell at the exterior of the medical marijuana business or
at any adjoining use or property.
(1) Signage shall be displayed on the exterior of the RMD and OMMD
facility's entrance in plain sight of clients stating that "Registration
Page 3 of7
• • Card issued by the MA Department of Public Health required" in
text two inches in height.
(2) All signage must conform to the requirements of Section VII of
these bylaws.
(3) In addition, all signage must conform to the requirements of 105
CMR 725.105(L.) as amended.
C. Location
(1) No RMD and OMMD facility shall be located on a parcel which is
within five hundred (500) feet (to be measured in a straight line
from the nearest points of each property line) of parcel occupied
by:
(a) a public or private elementary, junior high, middle,
vocational or high school, college, junior college,
university or child care facility or any other use in which
children commonly congregate in an organized ongoing
formal basis, or
(b) another RMD or OMMD facility, except that this limitation
shall not apply in Industrial zones.
(2) No RMD or OMMD facility shall be located on a lot which abuts a
residential use (including commercial residential uses such as
hotels, motels, lodging houses, etc.) or residential zoning district.
(3) No RMD or OMMD facility shall be located inside a building
containing residential units, including transient housing such as
motels and dormitories.
D. Reporting Requirements
(1) All Special Permit and Site Plan Approval holders for an RMD or
OMMD facility shall provide the Police Department, Fire
Department, Building Inspector and the Special Permit Granting
Authority with the names, phone numbers and email addresses of
all management staff and key-holders, including a minimum of two
(2) operators or managers of the facility identified as contact
persons to whom one can provide notice if there are operating
problems associated with the establishment. All such contact
information shall be updated as needed to keep it current and
accurate.
(2) The local Building Inspector, Board of Health, Police Department,
Fire Department and Special Permit Granting Authority (in cases
where a Special Permit and Site Plan Approval was granted) shall
be notified in writing by an RMD or OMMD facility
owner/operator/ manager:
(a) A minimum of 30 days prior to any change in ownership or
management of that facility
(b) A minimum of 12 hours following a violation or potential
violation of any law or any criminal or potential criminal
activities or attempts of violation of any law at the RMD or
OMMD.
(3) Permitted RMD and OMMD facilities shall file an annual report to
and appear before the Special Permit Granting Authority no later
Page 4 of7
• • than January 31st, providing a copy of all current applicable state
licenses for the facility and/or its owners and demonstrate
continued compliance with the conditions of the Special Permit.
(4) The owner or manager is required to respond by phone or email
within twenty-four hours of contact by a city official concerning
their RMD or OMMD at the phone number or email address
provided to the City as the contact for the business.
E. Issuance/TransferlDiscontinuance of Use
(1) Special Permits/Site Plan Approvals shall be issued to the RMD
Operator
(2) Special Permits/Site Plan Approvals shall be issued for a specific
site/parcel
(3) Special Permits/Site Plan Approvals shall be non-transferable to
either another RMD Operator or site/parcel
(4) Special PermitS/Site plan Approvals shall have a term limited to
the duration of the applicant's ownership/control of the premises as
a RMD or OMMD, and shall lapse:
(a) If the permit holder ceases operation of the RMD, and/or
(b) The permit holder's registration by MDPH expires or is
terminated
(5) The permit holder shall notifY the Zoning Enforcement Officer and
Special Permit Granting Authority in writing within 48 hours of
such lapse, cessation, discontinuance or expiration.
(6) An RMD or OMMD facility shall be required to remove all
material, plants equipment and other paraphernalia prior to
surrendering its state Registration or ceasing its operation.
(a) Prior to the issuance of a Building Permit for a RMD or
OMMD the applicant is required to post with the Town
Treasurer a bond or other form of financial security
acceptable to said Treasurer in an amount set by the
Planning Board. The amount shall be sufficient to cover
the costs of the town removing all materials, plants,
equipment and other paraphernalia if the applicant fails to
do so. The Building Inspector shall give the applicant 45
days' written notice in advance of taking such action.
Should the applicant remove all materials, plants,
equipment and other paraphernalia to the satisfaction of the
Building Inspector prior to the expiration of the 45 days
written notice, said bond shall be returned to the applicant.
SECTION 6. Article XVIII of said ordinance shall be further amended by inserting after
section 180-124 the following section:-
§180-125 Application Requirements.
In addition to the standard application requirements for Special Permits
and Site Plan Approvals, such applications for an RMD or OMMD facility
shall include all of the following:
Page 5 of7
• •
(1) The name and address of each owner of the RMD or OMMD
facility/operation;
(2) A copy of its registration as an RMD from the Massachusetts
Department of Public Health or documentation that demonstrates
that said RMD or OMMD facility, and it's owner/operators,
qualiry and are eligible to receive a Certificate of Registration and
meet all of the requirements of aRMD in accordance with 105
CMR 725.000 of the Massachusetts Department of Public Health;
(3) Evidence that the Applicant has site control and right to use the
site for a RMD or OMMD facility in the form of a deed or valid
purchase and sales agreement or, in the case of a lease a notarized
statement from the property owner and a copy of the lease
agreement;
(4) A notarized statement signed by the RMD or OMMD
organization's Chief Executive Officer and corporate attorney
disclosing all of its designated representatives, including officers,
directors, shareholders, partners, members, managers, or other
similarly-situated individuals and entities and their addresses. If
any of the above are entities rather than persons, the Applicant
must disclose the identity of all such responsible individual
persons;
(5) In addition to what is normally required in a Site Plan, details
showing all exterior proposed security measures for the RMD or
OMMD including lighting, fencing, gates and alarms, etc. ensuring
the safety of employees and patrons and to protect the premises
from theft or other criminal activity;
(6) A detailed floor plan identirying the areas available and functional
uses (including square footage);
(7) All signage being proposed for the facility;
(8) A traffic study to establish the RMD or OMMD impacts at peak
demand times; and
(9) A Management Plan including a description of all activities to
occur on site, including all provisions for the delivery of medical
marijuana and related products to OMMDs or off-site direct
delivery to patients.
SECTION 7. Article XVIII of said ordinance shall be further amended by inserting after
section 180-125 the following section:-
§180-126 Findings.
In addition to the standard Findings for a Special Permit and Site Plan
Approval the Special Permit Granting Authority must also find all the
following:
Page60f7
• •
(I) That the RMD or OMMD facility is designed to minimize any
adverse visual or economic impacts on abutters and other parties in
interest;
(2) That the RMD or OMMD facility demonstrates that it will meet all
the permitting requirements of all applicable agencies within the
Commonwealth of Massachusetts and will be in compliance with
all applicable state laws and regulations;
(3) That the applicant has satisfied all of the conditions and
requirements of this Section and other applicable Sections of this
Ordinance;
(4) That the RMD or OMMD project meets a demonstrated need;
(5) That the RMD or OMMD facility provides adequate security
measures to ensure that no individual participant will pose a direct
threat to the health or safety of other individuals, and that the
storage and/or location of cultivation is adequately secured; and
(6) That the RMD or OMMD facility adequately addresses issues
of traffic demand, circulation flow, parking and queuing,
particularly at peak periods at the facility, and it impact on
neighboring uses.
Dated this ___ day of _______ , 2014.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, President
APPROVED AS TO FORM AND LEGALITY
Vincent F. Gioscia, City Solicitor
Page 7 of7
To:
CC:
From:
Date:
Sabjeet:
•
TOWN OF AGAWAM
Department of Public Works
Planning Board
File
1000 Suffield Street • Agawam, MA 01001
Tel (413) 821 0600 • Fax (413) 821 0631
Christopher J. Golba • Superintendent
MEMORANDUM
Engineering Division
March 24, 2014
Proposed Zoning Amendment -Medical Marijuana Facilities
The Engineering Department bas reviewed the proposed 7.oning Amendment TOR-2014-1 "Medical
Marijuana Facilities" dated March 7, 2014. Based on our review, the Engineering Department has no
comments or concerns at this time.
Engineering reserves the right to make additional comments based on project andlor revisions &; as
additional data is received.
If you have any questions, please do not hesitate to contact us.
Sincerely,
~$~
Michael F. Albro. P.E.
Assistant Town Engineer
s:\zone chEm~UOI4 zolling amendmcnt.s\nnd facilities.doc
PRESIDENT
Christopher C. Johnson
VICE PRESIDENT
Dennis J. Perry
COUNCILORS
George Bitzas
Cecilia P. Calabrese
Paul C. Cavallo
James P. Cichetti
Gina M Letellier
Joseph Mineo
Donald M Rheault
Robert E. Rossi
Anthony R SufPiti
ADMINISTRATIVE
ASSISTANT
Barbara A. Bard
TELEPHONE
(413) 726-9716
FAX
(413) 726-9717
EMAIL
bbardC?!J.agawam. mao us
• \'
AGAWAM CITY COUNCIL
36 MAIN STREET
AGAWAM, MASSACHUSETTS 01001
NOTICE OF MEETING
LEASE BE ADVISED THAT THERE WILL BE A LEGISLATIVE
UB-COMMITTEE MEETING AND COUNCIL WORKSHOP, ON ""
EDNESDAY, APRIL 9, 2014 AT 7:00pm, IN THE PEIRCE ROOM !JJ
T THE AGAWAM PUBLIC LIBRARY, 750 COOPER STREET';-?:
GA WAM, MA. .-:. ,> -~
c:
AGENDA .? -
PH-2013-1 (TOR-2014-1) -An Ordinance to Amendj1e
Zoning Ordinance of the Town of Agawam to allow Re~ed
Medical Marijuana Facilities (Planning Board) (Public He'aQng
Date set for April 22, 2014) ~' l'
Any other business that may legally come before the CoIn!11ittee.
Committee Members Letellier, Cavallo, Rossi, and Bitzas
Full Council
Mayor
Solicitor
Deborah Dachos, Planning Director
Planning Board
PRESIDENT
Christopher C Johnson
VICE PRESIDENT
Dennis J Perry
COUNCILORS
George Bitzas
Cecilia P. Calabrese
Paul C Cavallo
James P. Cichetti
Gina M Letellier
Joseph Mineo
Donald M. Rheault
Robert E. Rossi
Anthony R. Suffriti
ADMINISTRATIVE
ASSISTANT
Barbara A. Bard
TELEPHONE
(413) 726-9716
FAX
(413) 726-9717
EMAIL
bbard@agmvam.ma.us
t' ~GA W AM CIT\ COUNCIL
36 MAIN STREET
AGAWAM, MASSACHUSETTS 01001
LEGAL NOTICE LEGAL NOTICE
PUBLIC HEARING
AGAWAM CITY COUNCIL
The Agawam City Council will conduct a public hearing on Tuesday,
April 22, at 7:00pm, at the Roberta G. Doering School, 68 Main
Street, Agawam, MA on TOR-2014-1 which is an Ordinance to
Amend the Code of the Zoning Ordinance of the Town of Agawam to
allow registered Medical Marijuana Facilities as submitted to the
Agawam City Council by the Planning Board. TOR-2014-1:U
available for public inspection at the City Clerk's Office and me
Planning Department, 36 Main Street, Agawam, MA betweentiie
hours of 8:30am to 4:30pm, Monday through Friday.. . .
BY ORDER OF:
Christopher C. Johnson
President of the Agawam City Council
TO BE ADVERTISED ON 3/27/13 and 4/3/13
•
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 Depaltmevf
Conservation Commission
Board of Appeals
School Committee
Assessors
FROM: Planning Board
MEMO
SUBJECT: Proposed Zoning Amendment ~ Medical Marijuana Facilities
DATE: March 18, 2014
The Planning Board is the petitioner on the attached zoning amendment to allow registered
medical marijuana facilities. Please review and comment prior to the Board's April 3, 2014
meeting.
Thank you.
Sincerely, ~ /~#vf?
Mark R. Paleologopoulos
AGAWAMPL~GBOARD
MRPIDSD:prk
r
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 Committee
Assessors
FROM: Planning Board
MEMO
SUBJECT: Proposed Zoning Amendment -Medical Marijuana Facilities
DATE: March 18, 2014
The Planning Board is the petitioner on the attached zoning amendment to allow registered
medical marijuana facilities. Please review and comment prior to the Board's April 3, 2014
meeting.
Thank you.
Since/~
Mark R. Paleologopoulos
AGAWAMPL~GBOARD
MRPIDSD:prk
March 20, 2014 AGAWAM ADVI;RTIS£R NIWS Page 9
Obituaries & Church News
DEATH
NOTICES
Labun, George
Died March 11, 2014
Funeral March 15,
2014
Agawam Funeral
Home
Agawam
Advertiser
News Obituary
Policy Crafters wanted for
fall festival Turley Publications
offers two types of
obituaries.
One is a Iree, brief
Death Notice listing
the name of deceased,
date of death and
The Agawam Congregational Church is seeking crafters
for its sixth annual Fall Festival to be held Saturday, Oct. 4,
from 9 a.m. to 4 p.m. at the church located at 745 Main St.
This· will be a juried arts and craft fair and crafters of
handmade pottery, fine art, as well as items made offabrics,
yarns, leather, paper, stone, concrete, soap, wood, metal, or
any other material are invited to apply. There will be a $10
discount for applications received by April 30.
funeral date and place.
The other is a Paid
Obituary, costing
$50, which allows
families to publish
extended death notice
information of their
own choice and may
indude a photograph.
For an application, call Bev Follis at (413) 427-3747 and
leave a message, email heratbsanf437@comcast.net. call
the church at (413) 786-7111 or download the application
and rules at www.agawamcongregationalchurch.com.
There will be a homemade pie sale, a General Store, a raf-
fle consisting of several handcrafted items, book sale, and the
Country Lunch Cafe providing a large menu of savory fare.
Death Notices &
Paid Obituaries
should be submitted
through a funeral
home to:
obits@turiey.com.
Exceptions will be
made only when the
family provides a death
certificate and must be
pre-paid.
CLUES ACROSS
1. Fonner ruler of
Iran
5. Tax or levy
9. SI. Vitus dance
11. A bog
13. Mushroom rib
structure
15. One-sided
16. Before
17. Extemporane-
ously
19. About aviation
21. Macaws
22. Refuge room
23. Court case
25. Conical kiln
27. Media mogul
Turner
28. Cancer sign
30. Fit into
32. Somali super-
model
34_ Expires
35. Trapped
People of All Ages
Read Newpapers
37. Stabilizes 5. Coagulated 29. Dog sound
39. Plea urgently milk 31. 13-19
40. Leg joint 6. This (Spanish) 33. Involving the
42. Nothing 7. Moved on a mind
(Latin) log track 35. Washington
45. Bleat 8. Closed her-city
46. Poi plant metically 36. Beloved
48. Loudness unit 9. Nautical rope 38. One who yells
49. Deep blue fastener 39. Whalebone
color 10. _ Romeo, car 41. The Phantom
54. Fiddler crab 11. All peoples of of the Opera
55. About retina the Earth 43. Cut
56. Nail protein 12. "Three 44. Bent away
58. Replace ammo Weeks" author from vertical
59. Most sensible Elinor 45. He killed A.
60. Brooklyn team 14. Hairstyle Hamilton
61. Father 15. Moved along 47. Digits
18. UCB Business 50. Public vio-
CLUES DOWN School lence
1. Someone who 20. Paddling 51. Freshwater
takes part 24. Tibetian Bud-duck genus
2. Relating to dist monk 52. Angry
Homer 26. E. Timor cloth 53. Amounts of
3. They_ 27. Latin for wit-time
4. Helicopter ness 57. Cuckoo
Ans\\ers on page 10
Public Safetu-~~~_
---FIRE LOG---
The Agawam Fire Department responded
to 77 EMS calls and the following emergen-
cy response calls for the week from March
II to March 17.
On March 11 at 5:19 p.m., the department
responded to Cecile Street for no incident
found on arrival at dispatch address. .
On March 12 at 4:33 p.m., the department
responded to Northwood Street for service
call, other.
On March 12 at 10:05 p.m., the depart-
ment responded to South Bridge Drive for
lockout.
On March 13 at 11:04 a.m., the department
responded to Christopher Drive for smoke
detector activation due to malfunction.
Follow us on
On March 13 at 3: 17 p.m., the department
responded to Cardinal Drive· for public ser-
vice.
On March 14 at 1 :39 p.m., the department
responded to Springfield Street for lockout.
On March 15 at 6:57 p.m., the department
responded to Westview Lane for public sef-
vice.
On March 15 at 7:40 p.m., the department
responded to Cooper Street for unauthorized
burning.
On March 16 at 8:29 a.m., the department
responded to Beekman Drive fOf service
call, other.
On March 16at 10:17 p.m., the department
responded to Edward Street for lockout.
facebook
www.facebook.com/AgawamAdverfiserNews
Jen Kathy
• Restorative
• Cosmetic
• Crowns
• Preventive
• Partials
• Dentures
• Root Canals
• Implants
• Zoom! - 1 hour
in office whitening
Ann Cynthia Jen
New Patients Always
Welcome!
AGAWAM
CROSSING
DENTAL
CHRISTOPHER J. MAGIERA. DMD
www.christophermagiera.com
200 Silver Street, Agawam, MA • (413) 786-0171
""" '
Page 10 AGAWAN ADVIRTISm NI:WS March 20, 2014 ........,
Business
Spring cooking classes forming now
By Sarah Platanitis
Wanna spice up your life? Mama Gallo-
ni's Authentic Gourmet Foods and Betty's
School of Pasta, now open at 1325 Spring-
field Street in Feeding Hills, could be the
answer.
They painted, cleaned and knocked out a
walL They did everything; they did all the
work, and we take pride in our place," said
Couture.
Owner and school instructor Betty Cou-
ture has always had a passion for cooking.
She ran the kitchen at the Senior Center for
20 years and, when she retired back in 2005,
people asked her to teach them how to make
pasta. The recipes she taught in her Feed-
ing Hills home kitchen for nine years are
the same ones she learned from her Italian
mother.
The school and storefront are dedicated to
Couture's late son, Todd, who passed away
two years ago, He' worked for the town of
Agawam for 10 years, and the Joss was par-
ticulary hard for the family.
"She had five daughters and she taught
us. For the classes, I teach the 'old way', or
the well method, and also the new way," she
said.
"We lost our brother not too long ago, so
it made us open our eyes and realize that we
want to be around each other and appreciate
each other more," said daughter, Ked. "To
work with mom every day and see Gary and
his kifi'i,; Gary's wife is out front. My kids
and husband come in and help out. It's all of
us together, 'y.le like working as a family."
The storefront opened in January for
classes. In early March, they introduced
their specialty grocery line of authentic
Italian meals-to-go and rustic and reason-
ably priced products like homemade pasta,
sauces, soups and meatballs. Also available
are imported pepperoni, Italian cheeses and
A 2010 story about Couture's cooking
classes that fan in a local newspaper set the
ball rolling for something bigger than she
ever expected.
"I went through two batteries on my phone
answering all the calls we got for people to
sign up for classes. I had people in my drive-
way at seVen in the morning waiting for their
class to start," she said. "We started at the
house with four people and then We went to
10."
-sweets from Nina's Cookies.
The spring cooking class schedule fea-
tures something for cooks of a11 ages and
abilities as well as produce from Calabrese
Farm in Southwick. Class dates, enrollment
update.s and rates can be found on the web-
site http://mamagalloni.com.
With classes regularly running at maxi-
mum capacity, Couture's children, Gary and
Keri, decided that their mom needed a place
that Betty's School of Pasta could call ils
own.
The "Hands-On Pasta Class" teaches the
basics of making homemade pasta like fet-
tuccini, torteUini, ravioli, lasagna and gn-
occhi -with traditional white, wheat and
spinach dough -by hand, plus accompany-
ing gourmet sauces. The dozen students in
each class not only get to work closely with
"It was my dream for many years, and
they just made it come true for all of us.
Legal Notices
COMMONWEALTH OF
MASSACHUSETIS
THE TRIAL COURT
Probate &
Family Court Dept,
HAMPDEN Div.
HD14EOOO9PP
To Rose Maruca,
Anthony Liquori, Beverly
RondineHi, and Susan
Gensheimer, all of Agawam;
Lena Peloquin of West
Springfield; Cynthia Bryden
of Feeding Hills; Genevieve
Patrie and Anthony Basile,
both of East Longmeadow;
Bonnie Lee Gebbie and
Peter Baruffaldi, both of
Chicopee, all in the County
of Hampden; Thomas
Liquori of Boca Raton, in
the State of Florida; John
Krawiec of New York, in the
State of New York and to all
other persons interested.
A petition has been pre-
sented to said Court by Ann
Marie D' Arco of said East
Longmeadow, representing
that she holds as tenant in
common an undivided part
or share of land lying)n
Feeding Hills, in the County
of Hampden, setting forth
that she desires that all of
said land may be sold at pub-
lic sale and praying that par-
-tition may be made of all the
land aforesaid ac.cording to
law, and to that end that a
commissioner be appointed
10 make such pa(tition and
be ordered to make sale and
conveyance of all, or any
part of said land which the
Court finds cannot be advan-
tageously divided either at
private iale ,or public auction,
and be ordered to distribute
the net proceeds thereof.
If you desire to object
thereto you or your attorney
sJIouJd file a written appear-
ance in said Court at Spring-
field before ten o'clock in the
forenoon on the eleventh day
of April 2014, the return day
of this citation.
Witness, ANNE M.
GEOFFRION Esquire, First
Justice of said Court, this
twenty-sixth day of February
2014
Suzanne T. Seguin,
Register of Probate &
Family Court
316,3/13,3120114
LEGAL NOTICE
TOWN OF AGAWAM
PLANNING BOARD
The Agawam Planning
Board 'will-'hold a public
hearing on Thursday, April
3, 2014 at 6:30 PM in the
Agawam Public Library. 750
Cooper Street, Agawam, MA.
The purpose of this bearing·
will be to hear the petition
of the Agawam Planning
Ho'¥t,$~ijMrr'··
Board on a proposed zoning
amendmept to the Agawam
Zoning Ordinance to allow
registered medical mari-
juana facilities. A copy of
the proposal C<m be obtained
([€1m 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.
Mark R. PaleoiogopouIos,
Chainnan
Agawam Planning Board
3120,3/27114
LEGAL AD
AGAWAM
CONSERVATION
COMMISSION
The Agawam Conserva-
tion Commission will hold a
public hearing on Thursday,
March 27, 2014 at 6:30
PM, at the Agawam Public
Library, 750 Cooper Street,
Agawam, MA. The purpose
of this hearing will be to hear
the petition of Desmond for
work to be performed on
Main Street subject to the
-M-assachusetts Wetlands
Protection Act.
By Order of Henry A.
Kozloski, Chairman
Agawam Conservation
Commission
3120114
Please check
the accuracy of
your legal notice LEGAL NOTICES !~.!J\llle~fno~l~lld°be·bePUtbdli@l¢tljnt $kelARff@'attlt ;\'1<1-:~!~r (~~ e~~~~::~ ~'~r(Lser "ewH'",usen1f<;CYP anl"~ Ur ey. lime, spelling)_
ti'pm. Kar~!l ,Lanie(prqcesses all legalS.fOrthis llewspa-.
'prr and can answ!;f .110£ your questions regarding these Also, be sure
:'",otices. Please indicate the n~wspaprrs"!1d.I'Bbli<:4!ion the requested
. datees )forthe notice(s) in the subjcctline QfyoJlr emaiL pub I ica lio n date
For questions regarding coverage area, procedures or coincides with
cost. please call Karendirectly at 413-Z83"8¥93x27I. the purpose of the
ThrleyPui)licatjons,lnc.p~/)lishes 15weekly nfW$" notice, or as the
paP'f" th[ojjgh~.!1tWesternMasiacl!~Its. VJSit WWW'. . law demands. wrley.comfor.)!19f~ ilffOfl?latlqIi,
. • i ••...• ,·· r·· Thank you.
'-" .• ~,.." .• _~ .... ~o~ ~" "~_'-' ,.,_~, . .,~~~~~'}';~~?;::,", ... l.;;;~~",:.,;:-.."·':;'o",:.:.:,:;:,,,~,,~. "T_':'''':'''' ...... O:;'';;::c,.-,-;'7'!
Turley Publications photo by Sarah Platanitis
Students at Betty's School of Pasta gather 'round the butcher block as
owner and instructor Betty Couture demonstrates a time-honored tech-
nique.
Couture, but they also get to enjoy a four-
course meal with classmates and take home
any leftovers.
The "Braciole Making Class" demon-
strates all that goes into making the mouth-
watering traditional meat dish. The "Pie
Making Class" instructor Jessica Bartlett
teaches how to make authentic sweet and sa-
vory Italian pies that can be enjoyed for the
holidays or any day.
Specialty classes like "Knife Skills &
More" instruct on the proper techniques of
using a knife, from chopping to carving,
with practice creating edible fruit and veg-
etable sculptures. The popular "Date Night"
class is for those who want to have a night
out with food and fun. Couples join a small
group of six couples for a hands-on cooking
lesson and four-course gounnet meal.
"It's something different. It's not just sit-
ting down and eating. It's doing something
together and you're interacting with other
people," said Keri. "Oftentimes, the studenls
leave here and they're making plans to get
together for another outing. It's kind of
nicc,"
The April "Date Night" with guest Execu-
tive Sous Chef, Alexander Casimir from The
Essex, Vennont's Culinary Resort & Spa, is
already 'sold out. The interactive meal will
feature fi ve·course Contemporary American
fare inspired by Mediterranean cuisine.
Students can sign-up for classes by com-
pleting the registration fonn in-person at the
shop, by cafting 413-372-4305 or by SUbmit-
ting the one found on the website via email.
A 50 percent non-refundable deposit is re-
quired at reservation. CaSh, checks and gift
certificates are accepted.
"I love Agawam. I've been here aU my
married life, over 50 years now with my
husband, Bob.
Great people here have become great
friends. I'm so happy when people come in;
they give me hugs and kisses because that's
what Italians do. and it's a blessing for us,"
said Couture.
For more information, ca11413-372-4305,
email mama@mamagaIloni.com or find
them on Facebook.
Forum to focus on Affordable
Health Care Act
The Agawam Small Business Assistance
Center and the West of the River Chamber of
Commerce. wi1l hold an informational forum
Wednesday, March 26, from 7;30-9;30 a.m.
at the Agawam Public Library Community
Room. There is plenty of free parking, and
coffee and pastry will be served.
This forum will focus on the new Afford-
able Health Care Act that has been put into
law recently and how it win affect business
owners and their employees. This is a must-
attend event for business owners and manag-
ers that need to deal with healthcare issues
for employees,
Professionals on the panel will include
Shemeka Browne-Pohlman from Insurance
Center of New England, who works with
employers to assist them with employee
benefits needs and challenges; Pohlman
is the ACA compliance specialist. Health
New England representative Susan Silver
O'Connor, the assistant general counsel and
director of legal services for Health New
England, will also be part of the paneL She
works closely with employer groups, mem-
bers, and physician providers, guiding them
through the often confusing and ever-chang-
ing field of healthcare regulatory law.
Also representing Health New England
will be J De Kane, director of provider con-
tracting. Kane is the head of communica-
tions and marketing and is up-to-date on
all the changes and ins-and-outs of the new
laws.
There will also be a representative from
Noble Hospital to explain how the ARCA
will affect the hospitallpatient relationShip.
The forum will also include a question-
and-answer session for attendees at the end
of the presentation. Admittance is free; how-
ever, due to limited seating, registration is
required and may be done online at ashac.
net or by calling (413) 786-0172.
Community
Newspapers
Thrive!
More than 100 million
people read a printed
newspaper each day
-that's more than
watch the Super Bowl.
American IdOl or TV late
news. Plus, many more
read local papers online.
Newspapers, in all forms,
are still the primary
source for news
in the U.S.
LEGAL NOTICE
TOWN OF AGAWAM
PLANNING BOARD
•
The Agawam Planning Board will hold a public hearing on Thursday, April 3, 2014 at 6:30 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
the Agawam Zoning Ordinance to allow registered medical marijuana facilities. 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:
Mark R. Paleologopoulos, Chairman
Agawam Planning Board
(Ad to be run 3120/14 & 3/27114)
Cc: Planning Boards in:
Westfield
West Springfield
Suffield
Southwick
Springfield
Pioneer Valley Planning Commission
Dept. of Housing & Community Development, Boston
'IRTISm N£WS Page3
Medical marijuana bylaw
on council docket
Public hearing slated for Tuesda~Apri/ 22
By Gregory A. Scibelli
Turley Publications Correspondent
AGAWAM -The Agawam City Coun-
cil will hold a public hearing next Tuesday,
April 22, to decide to include a medical mar-
ijuana facili.ty bylaw. .
In 2012, voters in Massachusetts approved
a ballot question legalizing medical mari-
juana. Since then, the Commonwealth "has
been working on a process !hat regulates the
methods for est~blishing medical marijuana
growing and dispensing facilities.
Because the regulations were still in their
infancy, many towns and cities, including
Agawam. placed moratoriums on _ applica-
tions for medical marijuana growing and
dispensing.facilities so the local bylaws can
be erealedto address them.
Planning i!ffid Community Development
Coordinator Deborah Dachos has worked
with the Agawam Planning Board to estab-
lish a bylaw, which had been recommended
by the board on March 6. Mayor Richard
Cohen, who taskedDachos with developing
the bylaw, says he is in favor of the bylaw as
it has been proposed.
''The moratorium was set to expire in
May," said Cohen. "1 have read through the
ordinance. 1 think it is a good ordinance. 1
think it addresses everytlllng that needs to be
addressed:'
The Planning Board has not only recom-
mended the bylaw, but is the petitioning
grQUP for the resolution:
The ordinance will require any applicant
for a medical marijuana growing facility or
dispensary to get a special permit from the -
Zoning Board of Appeals. The new regula-
tions require certain hours to be set by the
board. The board cao also make stipulations
for deliveries.
The law also states marijuana cannot be
smoked or otherwise consumed anywhere
on the premises a facility is located 00. Dis-
pensaries can be no more than 2,500 square
feet of floor space and all aspects of acquisi-
tion, cultivatiollt processing~ sales, distribu-
tion and dispensing cannot be visible on the
exterior of the business. The ordinance states
marijuana dispensing must take place in 'a
fully-enclosed building.
There are also provisions for ventilation.
Odoni from marijuana cannot be detected by
a person with an unimpaired and otherwise
nonn.al sense of smell at the exterior of the
building or any adjoining property.
There are setback requirements for' such
facilities. They cannot be located within 500
feet of a school, child care facility, or any
place where clllidren commonly congregate.
A facility cannot abot a residential property.
At the end of the bylaw, there are some
subjective rules that would allow the Plan-
ning Board to have some latitude to protect
the integrity of an area that a marijuana fa-
cility may occupy. The proposed ordinance
says the Planning Board must find that any
marijuana facility is designed to "minimize
adverse visual ~ ~economic impacts on
abutters and other Part~ of interests."
That rule will allow the Plimning Board
and ZBA to consider the feeling. and con-
cerns of abutters and residents. Cohen said
he is not in a big hurry to see a medical mari-
juana facility come to Agawam.
"Do 1 want to see -a marijuana. dispensary
in town?" Cohen said. "No, but the law is the
law and it was passed by the voter,s."
The public will be allowed to have input at
the hearing before it c,omes to a vote of the
council. Because it is a zoning ordinance, it
will require eight of the 11 council members
to approve it. Anyone wishing to-be heard
concerning the bylaw should attend the regu-
lar city council meeting next Tuesday begin-
ning at? p.m.
• •
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
March 7, 2014
Christopher C. Johnson, President
Dennis J. Perry, Vice President
George Bitzas, Councilor
Cecilia P. Calabrese, Councilor
Paul C. Cavallo, Councilor
James P. Cichetti, Councilor
Gina M. Letellier, Councilor
Robert A. Magovern, Councilor
Joseph Mineo, Councilor
Donald M. Rheault, Councilor
Robert Rossi, Councilor
Agawam Town Council
36 Main Street
Agawam, MA 01001
Dear Councilors:
At its duly called meeting held on March 6,2014, the Agawam Planning Board voted to be the
petitioner on the attached Zoning Amendment TOR-2014-1 "Medical Marijuana Facilities".
If you have any questions, please contact the Planning Department at extension 8738.
sm?~~
Mark R. Paleologopoulos, Chairman
AGAWAMPL~GBOARD
cc: Clerk, Solicitor, File
•
, • •
TOR-2014-1
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE TOWN OF
AGAWAM TO ALLOW REGISTERED MEDICAL MARIJUANA FACILITIES
Sponsored by the Planning Board
WHEREAS, the Agawam Planning Board voted to act as petitioner for this
proposed zoning amendment to allow registered medical marijuana facilities; and
WHEREAS, by vote at the State election on November 6, 2012, the voters of the
Commonwealth approved, Chapter 369 of the Acts of 2012, a law regulating the
cnltivation, distribution, possession and use ofmarijuana for medical purposes; and
WHEREAS, currently nnder the Zoning Ordinance, a Medical Marijuana
Treatment Center is not a permitted use in the Town; and
WHEREAS, the regulation ofmedica1 marijuana raises novel and complex legal,
planning, and public safety issues; and
WHEREAS, the Town intends to allow registered medical marijuana facilities in
a manner consistent with sonnd land use planning goals and objectives; and
WHEREAS, it is in the best interest of the Town of Agawam to allow medical
marijuana facilities while providing sufficient oversight to ensure proper geographic
location, and standards for parking, loading, delivery, security, landscaping, and signage
for such uses.
NOW THEREFORE, the Agawam City Conncll hereby resolves, ordains and
amends and enacts the following amendments to the Zoning Ordinance of Agawam:
SECTION 1. Section 180-2 of said ordinance shall be amended by inserting the
following:-
Registered Marijuaua Dispensary (RMD)
A use operated by a not-for-profit entity registered and approved by the MA
Department of Public Health on accordance with 105 CMR 725.000, and pursuant
to all other applicable state laws and regulations, also to be known as a Medical
Marijuana Treatment Center, that acquires, cultivates, possesses, processes
(including development of related products such as food, tinctures, aerosols, oils,
or ointments), transfers, transports, sells, distributes, dispenses, or administers
marijuana, products containing marijuana, related supplies, or educational
materials to registered qualifYing patients or their personal caregivers. A RMD
shall explicitly include facilities which cultivate and process medical marijuana,
and which may also dispense and deliver medical marijuana and related products.
The cnltivation and processing of medical marijuana in accordance with these
regnlations is considered to be a manufacturing use and is not agricnlturally
• •
exempt from zoning.
Off-Site Medical Marijuana Dispensary (OMMD)
A Registered Marijuana Dispensary that is located off-site from the
cultivation/processing facility (and controlled and operated by the same registered
and approved not-for-profit entity which operates an affiliated RMD) but which
serves only to dispense the processed marijuana, related supplies and educational
materials to registered Qualifying Patients or their personal caregivers in
accordance with the provisions of 105CMR 725.00.
SECTION 2. The first sentence of section 180-55(8) of Article X of said ordinance, as so
appearing, shall be amended by inserting after the word "allowed" the following words:-,
by Special Permit,
SECTION 3. Article X of said ordinance shall be amended by inserting after section 180-
55(8)(32) the following sections:-
(33) Registered Marijuana Dispensary.
(34) Off-Site Medical Marijuana Dispensary.
SECTION 4. Section 180-123 under Article XVIII, as appearing in TOR-2013-7, shall be
deleted in its entirety and inserting in place thereof the following:-
§180-123 Purpose.
It is recognized that the nature of the substance cultivated, processed,
and/or sold by medical marijuana treatment centers and off-site medical
marijuana dispensaries may have objectionable operational characteristics
and should be located in such a way as to ensure the health, safety, and
general well-being of the public as well as patients seeking treatment. The
specific and separate regulation of Registered Marijuana Dispensaries
("RMD") as Medical Marijuana Treatment Centers and Off-site Medical
Marijuana Dispensary ("OMMD") facilities is necessary to advance these
purposes and ensure that such facilities are not located within close
proximity of minors and do not become concentrated in anyone area
within the Town of Agawam.
Subject to the provisions of this Zoning 8ylaw, Chapter 40A of the
Massachusetts General Laws, and 105 CMR 725.000, Registered
Marijuana Dispensaries and Off-site Medical Marijuana Dispensaries will
be permitted to provide medical support, security, and physician oversight
that meet or exceed state regulations as established by the Massachusetts
Department of Health ("MDPH").
SECTION 5. Article XVIII of said ordinance shall be amended by inserting after section
180-123 the following section:-
§180-124 Additional Requirements/Conditions.
Page 2 of7
• •
In addition to the standard requirements for uses requiring a Special
Permit and Site Plan Approval, the following shall also apply to all
Registered Marijuana Dispensaries and Off-Site Medical Marijuana
Dispensaries:
A. Use
(I) RMD and OMMD facilities may only be involved in the uses
permitted by its definition and may not include other businesses or
services.
(2) No marijuana shall be smoked, eaten or otherwise consumed or
ingested within the premises.
(3) The hours of operation shall be set by the Special Permit Granting
Authority, but in no event shall an RMD or OMMD facility be
open to the public, and no sale or other distribution of marijuana
shall occur upon the premises or via delivery from the premises,
between the hours of8:00 p.m. and 8:00 a.m.
(4) RMD facilities that can demonstrate that they comply with the
agricultural exemption under M.G.L. Chapter 40A, Section 3 must
still apply for Site Plan Approval.
B. Physical Requirements
(I) AIl aspects of the use/facility relative to the acquisition, cultivation,
possession, processing, sales, distribution, dispensing, or
administration of marijuana, products containing marijuana, related
supplies, or educational materials must take place at a fixed
location within a fully enclosed building and shall not be visible
from the exterior of the business.
(2) No outside storage is permitted.
(3) No OMMD Facility shall have a gross floor area in excess of2,500
square feet.
(4) Ventilation -all RMD and OMMD facilities shall be ventilated in
such a manner that no:
B. Signage
(a) Pesticides, insecticides or other chemicals or products used
in the cultivation or processing are dispersed into the
outside atmosphere; and
(b) No odor from marijuana or its processing can be detected
by a person with an unimpaired and otherwise normal sense
of smell at the exterior of the medical marijuana business or
at any adjoining use or property.
(I) Signage shall be displayed on the exterior of the RMD and OMMD
facility's entrance in plain sight of clients stating that "Registration
Card issued by the MA Department of Public Health required" in
text two inches in height.
(2) AIl signage must conform to the requirements of Section VII of
these bylaws.
(3) In addition, all signage must conform to the requirements of 105
CMR 725.105(L.) as amended.
C. Location
Page 3 of7
• •
(1) No RMD and OMMD facility shall be located on a parcel which is
within five hundred (500) feet (to be measured in a straight line
from the nearest points of each property line) of parcel occupied
by:
(a) a public or private elementary, junior high, middle,
vocational or high school, college, junior college,
university or child care facility or any other use in which
children commonly congregate in an organized ongoing
formal basis, or
(b) another RMD or OMMD facility, except that this limitation
shall not apply in Industrial zones.
(2) No RMD or OMMD facility shall be located on a lot which abuts a
residential use (including commercial residential uses such as
hotels, motels, lodging houses, etc.) or residential zoning district.
(3) No RMD or OMMD facility shall be located inside a building
containing residential units, including transient housing such as
motels and dormitories.
D. Reporting Requirements
(1) All Special Permit and Site Plan Approval holders for an RMD or
OMMD facility shall provide the Police Department, Fire
Department, Building Inspector and the Special Permit Granting
Authority with the names, phone numbers and email addresses of
all management staff and key-holders, including a minimum of two
(2) operators or managers of the facility identified as contact
persons to whom one can provide notice if there are operating
problems associated with the establishment. All such contact
information shall be updated as needed to keep it current and
accurate.
(2) The local Building Inspector, Board of Health, Police Department,
Fire Department and Special Permit Granting Authority (in cases
where a Special Permit and Site Plan Approval was granted) shall
be notified in writing by an RMD or OMMD facility
owner/operator/ manager:
(a) A minimum of 30 days prior to any change in ownership or
management of that facility
(b) A minimum of 12 hours following a violation or potential
violation of any law or any criminal or potential criminal
activities or attempts of violation of any law at the RMD or
OMMD.
(3) Permitted RMD and OMMD facilities shall file an annual report to
and appear before the Special Permit Granting Authority no later
than January 31st, providing a copy of all current applicable state
licenses for the facility and/or its owners and demonstrate
continued compliance with the conditions of the Special Permit.
(4) The owner or manager is required to respond by phone or email
within twenty-four hours of contact by a city official concerning
their RMD or OMMD at the phone number or email address
provided to the City as the contact for the business.
E. Issuance/TransferlDiscontinuance of Use
Page 4 of7
• •
(l) Special Pennits/Site Plan Approvals shall be issued to the RMD
Operator
(2) Special PennitsiSite Plan Approvals shall be issued for a specific
site/parcel
(3) Special Pennits/Site Plan Approvals shall be non-transferable to
either another RMD Operator or site/parcel
(4) Special Pennits/Site plan Approvals shall have a tenn limited to
the duration of the applicant's ownership/control of the premises as
a RMD or OMMD, and shall lapse:
(a) If the pennit holder ceases operation of the RMD, and/or
(b) The pennit holder's registration by MDPH expires or is
tenninated
(5) The pennit holder shall notifY the Zoning Enforcement Officer and
Special Pennit Granting Authority in writing within 48 hours of
such lapse, cessation, discontinuance or expiration.
(6) An RMD or OMMD facility shall be required to remove all
material, plants equipment and other paraphernalia prior to
surrendering its state Registration or ceasing its operation.
(a) Prior to the issuance of a Building Pennit for a RMD or
OMMD the applicant is required to post with the Town
Treasurer a bond or other fonn of financial security
acceptable to said Treasurer in an amount set by the
Planning Board. The amount shall be sufficient to cover
the costs of the town removing all materials, plants,
equipment and other paraphernalia if the applicant fails to
do so. The Building Inspector shall give the applicant 45
days' written notice in advance of taking such action.
Should the applicant remove all materials, plants,
equipment and other paraphernalia to the satisfaction of the
Building Inspector prior to the expiration of the 45 days
written notice, said bond shall be returned to the applicant.
SECTION 6. Article XVIII of said ordinance shall be further amended by inserting after
section 180-124 the following section:-
§180-125 Application Requirements.
In addition to the standard application requirements for Special Pennits
and Site Plan Approvals, such applications for an RMD or OMMD facility
shall include all of the following:
(1) The name and address of each owner of the RMD or OMMD
facility/operation;
(2) A copy of its registration as an RMD from the Massachusetts
Department of Public Health or documentation that demonstrates
that said RMD or OMMD facility, and it's owner/operators,
qualifY and are eligible to receive a Certificate of Registration and
meet all of the requirements of a RMD in accordance with 105
CMR 725.000 of the Massachusetts Department of Public Health;
PageS of7
• •
(3) Evidence that the Applicant has site control and right to use the
site for a RMD or OMMD facility in the fonn of a deed or valid
purchase and sales agreement or, in the case of a lease a notarized
statement from the property owner and a copy of the lease
agreement;
(4) A notarized statement signed by the RMD or OMMD
organization's Chief Executive Officer and corporate attorney
disclosing all of its designated representatives, including officers,
directors, shareholders, partners, members, managers, or other
similarly-situated individuals and entities and their addresses. If
any of the above are entities rather than persons, the Applicant
must disclose the identity of all such responsible individual
persons;
(5) In addition to what is nonnally required in a Site Plan, details
showing all exterior proposed security measures for the RMD or
OMMD including lighting, fencing, gates and alarms, etc. ensuring
the safety of employees and patrons and to protect the premises
from theft or other criminal activity;
(6) A detailed floor plan identifying the areas available and functional
uses (including square footage);
(7) All signage being proposed for the facility;
(8) A traffic study to establish the RMD or OMMD impacts at peak
demand times; and
(9) A Management Plan including a description of all activities to
occur on site, including all provisions for the delivery of medical
marijuana and related products to OMMDs or off-site direct
delivery to patients.
SECTION 7. Article XVIII of said ordinance shall be further amended by inserting after
section 180-125 the following section:-
§180-126 Findings.
In addition to the standard Findings for a Special Permit and Site Plan
Approval the Special Pennit Granting Authority must also fmd all the
following:
(1) That the RMD or OMMD facility is designed to minimize any
adverse visual or economic impacts on abutters and other parties in
interest;
(2) That the RMD or OMMD facility demonstrates that it will meet all
the pennitting requirements of all applicable agencies within the
Commonwealth of Massachusetts and will be in compliance with
all applicable state laws and regulations;
(3) That the applicant has satisfied all of the conditions and
requirements of this Section and other applicable Sections of this
Ordinance;
(4) That the RMD or OMMD project meets a demonstrated need;
Page 6 of7
• •
(5) That the RMD or OMMD facility provides adequate security
measures to ensure that no individual participant will pose a direct
threat to the health or safety of other individuals, and that the
storage and/or location of cultivation is adequately secured; and
(6) That the RMD-or OMMD facility adequately addresses issues
of traffic demand, circulation flow, parking and queuing,
particularly at peak periods at the facility, and it impact on
neighboring uses.
Dated this ___ day of _______ , 2014.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. 10hnson, President
APPROVED AS TO FORM AND LEGALITY
Vincent F. Gioscia, City Solicitor
Page 70f7
Marijuana siting issue ~
~b~~~~ruH~h~~!~ ~~?~!!fuat ~. ~1.
Turley Publications it offers valuable guidance. There ~
'Correspondent will have to be both a standard or ~
"boilerplate" part and a "discre-Q
AGAWAM _ No decision came tionary" part of an eventual Aga-
of tbe Planning Board's most re-warn ordinance, Dachos said. The f'..:. \"
cent discussion of medical mari-boilerplate of the PVPC model is I"\,j "
juana at its Feb. 20 meeting, bot already "used across the region:' \ ~
board members and staff do seem she added.
to have achieved consensus on the But, "the discretionary part is '-r... ~
key issues involved. where they [marijuana dispensa-\{~'
In November 2012, state vot-ries 1 would go, and whether they ~
ers approved a law regulating the would be allowed by right or by "C
cultivation, possession and sale of special penni!," Dacbos said. In
marijuana for medicinal purposes. Chicopee, for example, the PVPC
Last summer, the Planning Board ordinance has been adopted and
put the wbole issue of a possible the discretionary questions have
dispensary in Agawam on bold, been resolved; dispensaries will
pending the ongoing work of the be allowed only in industrial
Pioneer Valley Planning Commis-zones, and will be allowed there
sion (pVPC), which was preparing only by special penni!.
a model ordinance on the subject. See MARIJUANA, page 6
Deborah S. Dachas, director of ~t::~ec~~;~~;:;~ Illll!'IJ.~I'~II~IUII ,
Marijuana siting issue moves ahead slowly
MARIJUANA, from page 1
Will Reichelt, a municipal attorney. was
also present at the Feb. 20 meeting. He made
the observation that the state Department
of Public Health recommends that such fa-
cilities be kept at least 500 feet away from
r
schools.
Board member Violet Baldwin said, "I
think they [PVPC] did a great job on this"
and indicated that she wants to go "the way
Chicopee is going:'
There was some half -joking about the pos-
sibility of a "special marijuana district:' but
talk soon focused on the difference between
Industrial District A and Industrial District
B. Restriction of marijuana dispensaries to
Industrial A would seem to present the few-
est problems.
Dachos said that Agawam's Industrial B
zones allow for mix.ed uses, so authorizing
medical marijuana facilities there could be
trickier. "If you do have special pernrits.
though [as distinct from location as a mat-
Ier of rightl. then you can include Industrial
B" as part of the range of possible sites, she
said.
There was some discussion of the fact that
trafficking in marijuana remains a violation
of federal law. As a consequence, bankers
don't want to provide services to the ven-
dors springing up in the various states that
already have permissive laws on the books,
and marijuana has developed as an all-cash
business. As a result, board members expect
that facilities are going to have a lot of cash
on the premises, and there will be vehicles
travelling to and from that will also have a
lot of cash. It seems, then, that one of the
unintended consequences of the new system
will be the creation of targets of opportunity
for thieves. Despite such considerations, as
Reichelt put it, 'We can't be more restrictive
than the state.'"
After all this discussion no substantive
vole was taken. Tricia O'Grady-Howard
moved to table the issue and allow the staff
to continue work on the ordinance. David
Chase seconded that motion, and the board
unanimously approved.
• •
TOR-2014-1
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE TOWN OF
AGAWAM TO ALLOW REGISTERED MEDICAL MARIJUANA FACILITIES
Sponsored by the Planning Board
WHEREAS, the Agawam Planning Board voted to act as petitioner for this
proposed zoning amendment to allow registered medical marijuana facilities; and
WHEREAS, by vote at the State election on November 6, 2012, the voters of the
Commonwealth approved, Chapter 369 of the Acts of 2012, a law regulating the
cultivation, distribution, possession and use of marijuana for medical purposes; and
WHEREAS, currently under the Zoning Orqinance, a Medical Marijuana
Treatment Center is not a permitted use in the Town; and
WHEREAS, the regulation of medical marijuana raises novel and C91nplex legal,
planning, and public safety issues; and
WHEREAS, the Town intends to allow registered medical marijuana facilities in
a manner consistent with sound land use planning goals and objectives; and
WHEREAS, it is in the best interest of the Town{)f Agawam to allow medical
marijuana facilities while providing sufficient oversight to ensure proper geographic
location, and standards for parking, loading, delivery, security, landscaping, and signage
for such uses.
NOW THEREFORE,the Agawam City Council hereby resolves, ordains and
amends and enacts the following amendments to the Zoning Ordinance of Agawam:
SECTION 1. Section 180-2 of said ordinance shall be amended by inserting the
following:-
Registered Marijuana Dispensary (RMD)
A use operated by a not-for-profit entity registered and approved by the MA
Department of Public Health on accordance with 105 CMR 725.000, and pursuant
to all other applicable state laws and regulations, also to be known as a Medical
Marijuana Treatment Center, that acquires, cultivates, possesses, processes
(including development of related products such as food, tinctures, aerosols, oils,
or ointments), transfers, transports, selis, distributes, dispenses, or administers
marijuana, products containing marijuana, related supplies, or educational
materials to registered qualifying patients or their personal caregivers. A RMD
shall explicitly include facilities which cultivate and process medical marijuana,
and which may also dispense and deliver medical marijuana and related products.
The cultivation and processing of medical marijuana in accordance with these
regulations is considered to be a manufacturing use and is not agriculturally
• • exempt from zoning.
Off-Site Medical Marijuana Dispensary (OMMD)
A Registered Marijuana Dispensary that is located off-site from the
cultivation/processing facility (and controlled and operated by the same registered
and approved not-for-profit entity which operates an affiliated RMD) but which
serves only to dispense the processed marijuana, related supplies and educational
materials to registered Qualitying Patients or their personal caregivers in
accordance with the provisions of 105CMR 725.00.
SECTION 2. The first sentence of section 180-55(B) of Article X Qf said ordinance, as so
appearing, shall be amended by inserting after the word "allowed" the following words:-,
by Special Permit,
SECTION 3. Article X of said ordinance shall be amended by inserting after section 180-
55(B)(32) the following sections:-
(33) Registered Marijl1alla Dispensary.
(34) Off-Site Medical Marijuana Dispensary.
SECTION 4. Section 180-123 under Article XVIII, as appearing in TOR-2013-7, shall be
deleted in its entirety and inserting in place thereof the following:-
§180-123 Purpose.
It is recognized that the nature of the substance cultivated, processed,
and/or sold by medical marijuana treatment centers and off-site medical
marijuana dispensaries may have objectionable operational characteristics
and should be located in such a way as to ensure the health, safety, and
general well-being of the public as well as patients seeking treatment. The
specific and separate regulation of Registered Marijuana Dispensaries
("RMD") as Medical Marijuana Treatment Centers and Off-site Medical
Marijuana Dispensary ("OMMD") facilities is necessary to advance these
purposes and ensure that such facilities are not located within close
proximity of minors and do not become concentrated in anyone area
within the Town of Agawam.
Subject to the provisions of this Zoning Bylaw, Chapter 40A of the
Massachusetts General Laws, and 105 CMR 725.000, Registered
Marijuana Dispensaries and Off-site Medical Marijuana Dispensaries will
be permitted to provide medical support, security, and physician oversight
that meet or exceed state regulations as established by the Massachusetts
Department of Health ("MDPH").
SECTION 5. Article XVIII of said ordinance shall be amended by inserting after section
180-123 the following section:-
§180-124 Additional Requirements/Conditions.
Page 2 of7
• •
In addition to the standard requirements for uses requiring a Special
Permit and Site Plan Approval, the following shall also apply to all
Registered Marijuana Dispensaries and Off-Site Medical Marijuana
Dispensaries:
A. Use
(1) RMD and OMMD facilities may only be involved in the uses
permitted by its definition and may not include other businesses or
services.
(2) No marijuana shall be smoked, eaten or otherwise consumed or
ingested within the premises.
(3) The hours of operation shall be set by the Special Permit Granting
Authority, but in no event shall an RMDor OMMD facility be
open to the public, and no sale or other d~bution of marijuana
shall occur upon the premises OJ via delivery Q:om the premises,
between the hours of8:00 p.m. and 8:00 a.m.
(4) RMD facilities that can demonstrate that they c~·with the
agricultural exemption under M.G.L. Chapter 40A, S4etion 3 must
still apply for Site Plan Approval. ..
B. Physical Requirements
(I) All aspects of theuse/facility relative to the acquisition, cultivation,
possession, processing, sales, distribution, dispensing, or
administration of marijuana, products containing marijuana, related
supplies, or educational materials .must take place at a fixed
location within a fully enclosed building and shall not be visible
from the exterior of the business.
(2) No outside storage is permitted.
(3) NoOMMDFacility shall have a gross floor area in excess of2,500
square feet.
(4) Ventilation-all RMD and OMMD facilities shall be ventilated in
such a manner that no:
B. Signage
(a) Pesticides, insecticides or other chemicals or products used
in the cultivation or processing are dispersed into the
outside atmosphere; and
(b) No odor from marijuana or its processing can be detected
by a person with an unimpaired and otherwise normal sense
of smell at the exterior of the medical marijuana business or
at any adjoining use or property.
(I) Signage shall be displayed on the exterior of the RMD and OMMD
facility's entrance in plain sight of clients stating that "Registration
Card issued by the MA Department of Public Health required" in
text two inches in height.
(2) All signage must conform to the requirements of Section VII of
these bylaws.
(3) In addition, all signage must conform to the requirements of 105
CMR 725.105(L.) as amended.
C. Location
Page 3 of7
• •
(1) No RMD and OMMD facility shall be located on a parcel which is
within five hundred (500) feet (to be measured in a straight line
from the nearest points of each property line) of parcel occupied
by:
(a) a public or private elementary, junior high, middle,
vocational or high school, college, junior college,
university or child care facility or any other use in which
children commonly congregate in an organized ongoing
formal basis, or
(b) another RMD or OMMD facility, except that this limitation
shall not apply in Industrial zones.
(2) No RMD or OMMD facility shall be located on a lot which abuts a
residential use (including commercial residential uses such as
hotels, motels, lodging houses, etc.) or residential zoning district.
(3) No RMD or OMMD facility shall be located inside a building
containing residential units, including transient housing such as
motels and dormitories.
D. Reporting Requirements
(1) All Special Permit and Site Plan Approval holders fOf/an RMD or
OMMD facility shall provide the Police Department, Fire
Department, Building Inspector and the Special Permit Granting
Authority with the names, phone numbers and email addresses of
all management staffand key-holders, induding a minimum of two
(2) operators or managers Qf the facility identified as contact
persons to whom one can provide notice if there are operating
problems associated with the establishment. All such contact
information shall be updated as needed to keep it current and
accurate.
(2) The local Building Inspector, Board of Health, Police Department,
Fire Department and Special Permit Granting Authority (in cases
where a Special Permit and Site Plan Approval was granted) shall
be notified in writing by an RMD or OMMD facility
owner/operator/ manager:
(a) A minimum of 30 days prior to any change in ownership or
management of that facility
(b) A minimum of 12 hours following a violation or potential
violation of any law or any criminal or potential criminal
activities or attempts of violation of any law at the RMD or
OMMD.
(3) Permitted RMD and OMMD facilities shall file an annual report to
and appear before the Special Permit Granting Authority no later
than January 31st, providing a copy of all current applicable state
licenses for the facility and/or its owners and demonstrate
continued compliance with the conditions of the Special Permit.
(4) The owner or manager is required to respond by phone or email
within twenty-four hours of contact by a city official concerning
their RMD or OMMD at the phone number or email address
provided to the City as the contact for the business.
E. IssuancelTransferlDiscontinuance of Use
Page 4 of7
• • (1) Special Pennits/Site Plan Approvals shall be issued to the RMD
Operator
(2) Special Permits/Site Plan Approvals shall be issued for a specific
site/parcel
(3) Special Pennits/Site Plan Approvals shall be non-transferable to
either another RMD Operator or site/parcel
(4) Special Pennits/Site plan Approvals shall have a tenn limited to
the duration of the applicant's ownership/control of the premises as
a RMD or OMMD, and shall lapse:
(a) If the pennit holder ceases operation of the RMD, and/or
(b) The pennit holder's registration by MDPH expires or is
tenninated
(5) The pennit holder shall notify the Zoning Enforcement Officer and
Special Pennit Granting Authority in writing within 48 hours of
such lapse, cessation, discontinuance or expiration.
(6) An RMD or OMMD facility shall be required to remove all
material, plants equipment and other parapiul:rualia prior to
surrendering its state Registration or ceasing its orei /'j;\Q
(a) Prior to the issuance of a Building Pennit f'i!t" a RMD or
OMMD the applicant is required to post with the Town
Treasurer a bond or other fonn of financial security
acceptable to said Treasurer in an amount set by the
Planning Board. The amount sball be sufficient to cover
the costs of the' town removing all materials, plants,
equipment and other paraphernalia if the applicant fails to
do so. The Building Inspector shall give the applicant 45
days' written notice in advance of taking such action.
Should the applicant remove all materials, plants,
equipment and other paraphernalia to the satisfaction of the
Building Inspector prior to the expiration of the 45 days
written notice, said bond shall be returned to the applicant.
SECTION 6. Article xvm of said ordinance shall be further amended by inserting after
section 1~124 the following section:-
§180-125 Application Requirements.
In addition to the standard application requirements for Special Permits
and Site Plan Approvals, such applications for an RMD or OMMD facility
shall include all of the following:
(1) The name and address of each owner of the RMD or OMMD
facility/operation;
(2) A copy of its registration as an RMD from the Massachusetts
Department of Public Health or documentation that demonstrates
that said RMD or OMMD facility, and it's owner/operators,
qualify and are eligible to receive a Certificate of Registration and
meet all of the requirements of a RMD in accordance with 105
CMR 725.000 ofthe Massachusetts Department of Public Health;
Page 50f7
• •
(3) Evidence that the Applicant has site control and right to use the
site for a RMD or OMMD facility in the form of a deed or valid
purchase and sales agreement or, in the case of a lease a notarized
statement from the property owner and a copy of the lease
agreement;
(4) A notarized statement signed by the RMD or OMMD
organization's Chief Executive Officer and corporate attorney
disclosing all of its designated representatives, including officers,
directors, shareholders, partners, members, managers, or other
similarly-situated individuals and entities and their addresses. If
any of the above are entities rather than persons, the Applicant
must disclose the identity of all such responsible individual
persons;
(5) In addition to what is normally requ~.in a Site Plan, details
showing all exterior proposed security measures for the RMD or
OMMD including lighting, fencing, gates and!l1arms, etc. ensuring
the safety of employees and patrons and to ~t the premises
from theft or other criminal activity;
(6) A detailed floor plan identifying the areas available aIld functional
uses (including square footage);
(7) All signage being proposed for the facility;
(8) A traffic study to establish the RMD or OMMD impacts at peak
demand times; and
(9) A Management Plan including a description of all activities to
occur on site, including all provisions for the delivery of medical
marijuana and related products to OMMDs or off-site direct
delivery to patients.
SECTION 7. Article XVIlIof said ordinance shall be further amended by inserting after
section 180-125 the following section:-
§180-126 Findings.
In addition to the standard Findings for a Special Permit and Site Plan
Approval the Special Permit Granting Authority must also find all the
following:
(I) That the RMD or OMMD facility is designed to minimize any
adverse visual or economic impacts on abutters and other parties in
interest;
(2) That the RMD or OMMD facility demonstrates that it will meet all
the permitting requirements of all applicable agencies within the
Commonwealth of Massachusetts and will be in compliance with
all applicable state laws and regulations;
(3) That the applicant has satisfied all of the conditions and
requirements of this Section and other applicable Sections of this
Ordinance;
(4) That the RMD or OMMD project meets a demonstrated need;
Page 60f7
, • • (5) That the RMD or OMMD facility provides adequate security
measures to ensure that no individual participant will pose a direct
threat to the health or safety of other individuals, and that the
storage and/or location of cultivation is adequately secured; and
(6) That the RMD or OMMD facility adequately addresses issues
of traffic demand, circulation flow, parking and queuing,
particularly at peak periods at the facility, and it impact on
neighboring uses.
Dated this ___ day of _______ , 2014.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, President
APPROVED AS TO FORM AND LEGALITY
Vincent F. Gioscia, City Solicitor
Page 70f7
• •
Thllothy W.lln'nnan. E~l'{lIUVfo IliW(101
I'I(Y\EER \.\LIXY I'IX\:\I:\(; CO,l\llSSIO\
:'IlO[)EL
\lElllC.\L ,\IAlUJlA\A FAClLITYlRn;ISTERE[) \[ARI./l\\.\ [)ISI'E\S.\RY
BYL\\\
(lkn'tIl Ill'r 2(13)
The Pioneer Valley Planning Commission, in response to numerous requests from its member
communities and working through a committee of its Valley Development Council, developed the
attached Model Medical Marijuana Facility Bylaw.
This proposed model bylaw is designed to work in consort with the regulations adopted by the
Massachusetts Department of Public Health (105CMR 725.000: IMPLEMENTATION OF AN ACT FOR
THE HUMANITARIAN MEDICAL USE OF MARIJUANA) by addressing local land use issues relative to
the siting of such facilities in their community. This Bylaw is offered as a model which may be
tailored to meet the unique needs of each individual community and the structure of their Zoning
Bylaw/Ordinance.
PVPC would like to thank the members of this working group and acknowledge their significant
contribution towards this effort:
• Jessica Allen Easthampton City Planner
• Lynn Arnold, Holland Planning Board/Board of Selectmen
• Jeffrey Burkott Holyoke Principal Planner
• Julie Federman, Amherst Health Director
• Jonathan Tucker, Amherst Planning Director
• Jay Vinskey Westfield Principal Planner
• Alan Vint, Middlefield Planning Board/5electboard
• Larry Smith, PVPC Senior Land Use Planner (please contact if you have any
questions, require additional information or need assistance)
Pioneer Valley PI.,ning CommISsion (,0 Congrf's; ~t,"'" -~I.:;or 1 SpMgl"I~ld MA D'l~ 3419
~1.j}M_!J045 . ,41~.73,1.~:;93 -41.Ptii.711J~ 1','\W/.PVDC.OI\l
Page 1
• •
In the development of this Model Bylaw a number of issues were taken into consideration,
including:
• Because the Massachusetts Department of Public Health (MDPH) regulations in 105CMR
725.000: IMPLEMENTATION OF AN ACT FOR THE HUMANITARIAN MEDICAL USE OF
MARIJUANA refers to "Medical Marijuana Treatment Facilities" as "Registered Marijuana
Dispensaries (RMD)", we will be using that terminology here.
• Because the MDPH regulations permit both a facility that grows/processes/dispenses medical
marijuana and an off-site facility that just dispenses the final product, but doesn't distinguish
between the two in its definition of a Medical Marijuana Treatment Facilities/ RE:gistered
Marijuana Dispensaries (RMD). we are suggesting that there be a separate definition adopted
for each and both would be included in a bylaw's Table Of Uses as a principal use.
• Only a qualified non-profit can apply for a Registered Marijuana Dispensary (RMD), which
includes cultivation, processing and dispensing.
o The RMD can cultivate, process and dispense on a single site, or can cultivate it on one
site and sell it on another site.
o One qualified non-profit can apply for up to 3 separate RMDs which can share
cultivation facilities or each can have its own cultivation site.
o An RMD can either cultivate and sell, or just sell but must be provide its Medical
Marijuana (MM) from another RMD that cultivates which is owned by the same non-
profit.
o One non-profit RMD may not buy cultivated MM from another non-profit's RMD except
in emergencies as specified MDPH regulations.
• MDPH will be approving RMDs geographically (i.e. spread across the state to provide them
within easy access to all communities and registered qualifying patients (reducing the need for
hardship cultivation) rather than demographically (i.e. where the population concentrations
are).
o RMDs will likely have smaller facilities in areas serving areas with smaller populations
and larger facilities when serving the areas of concentrated populations.
• Production of medical marijuana is really an industrialized process that will be taking place in
highly secured, climate controlled structures 24 hours/day, 7 days/week, 52 weeks/year.
Production is not just cultivating the plants but also processing of the marijuana into various
forms for application (smoked, eaten, rubbed on, vaporized, etc.).
o Production facilities should be directed to areas where you have large (perhaps already
vacant) buildings, likely an Industrial or Heavy Business Zone.
• The state Attorney General's Office has approved a number of local Bylaws/Ordinances that
only permit such facilities by Special Permit in certain zoning districts and prohibit them in all
others.
PionHr VIIIey Planni", Commluion 60 (ong'e~~ ~[(e"t ~j():)r 1 ~pnn9f1<.ld. MA OIIGJ-3Wl
~ IHal f.l045 4LiJ31,lS\lj ~1H$,} \\l~' ~""'W.OIP;' 01('.1
Page 2
• •
• Because the cultivation of medical marijuana is such an industrialized process, we are
suggesting (and have included it in the definition of such a facility) that the cultivation and
processing of medical marijuana in accordance with these regulations is considered to be a
manufacturing use and is not agriculturally exempt from zoning under Chapter 40A, Section 3.
The working group concluded this for a number of reasons:
o because such facilities were enclosed in structures they would not be dependent on
or even utilizing the vast acreages of fertile open agricultural lands contained in our
communities and thus didn't need to be located on agricultural lands.
o most communities don't have an exclusive "Agricultural" zone but rather a "Rural
Residential" district which is a mix of farms and low density residential housing
(perhaps not necessarily where you'd want to locate medical marijuana cultivation
and processing).
o questions have been raised as to whether existing greenhouses can meet the MDPH
regulation's security requirements.
o unlike most agricultural products, medical marijuana is still a federally regulated
Schedule 1 narcotic.
o the Chapter 40A, Section 3 agricultural exemption would allow such facilities to be
located on as little as a two (2) acre parcel in areas not zoned for agriculture,
aquaCUlture, Silviculture, horticulture, floriculture or viticulture uses which would
include residential neighborhoods.
It is important to note that the state has not determined if an RMD is exempt as an agricultural
use under M.G.l. Chapter 4OA, Section 3 so please consult your Town Counsel.
It should also be noted that the Attorney General's Office has approved a number of medical
marijuana facility bylaws that have included the following:
o a definition of "Agricultural" that excludes uses associated with medical marijuana,
o excluding marijuana from the listed use of "farm" and specifically excluded medical
marijuana dispensaries from their list of "salesroom or stand for the display or sale
of horticultural and/or floricultural products ... ",
but the approval did contain an advisory that you can't regulate "certain agricultural uses"
which fall under the provisions of Chapter 40A. Section 3 and Chapter 128, Section lA, but
didn't specifically identify that Registered Marijuana Dispensaries were one of those "certain
agricultural uses".
The Attorney General's Office also approved Chelmsford's moratorium and zoning amendment
that establishes that Medical marijuana Treatment Centers shall not be eligible as a "Non-
Exempt Agricultural Use" or as a "Non-exempt Educational use" and they are only permitted
by Special permit in the town's Industrial-limited and Industrial-Special Districts" without the
above advisory.
• Because Medical Marijuana Dispensaries serve an extremely limited clientele (you must be a
"Qualifying Patient" registered with the Massachusetts Department of Public Health) and not
Piollftr VIIIey PhlnnilWj Commission GO Congff'~~ $neft e\();)[ 1 ~pn ..... fl?ld, MA 0\\0"" 3~N
41;'}81iiQ45 ',-,-413.?n2S':l~ -413J8,Jlll~ .'I'I>II'i.pVOc.OfQ
Page 3
• •
the general public, they don't need to be located on Main Street or even necessarily in a
commercial zone. They are a specific destination for a specific limited clientele and do not
need exposure for attracting impulse shoppers.
• Dispensaries will have to have the same high level of security as production facilities (cameras,
fencing, secured windows, etc.) and may not be in character with downtowns and other
commercial areas.
• Home Delivery should be encouraged:
o Requiring Qualified Patients to take public transit to dispensaries could put them at
risk (riding on the bus (or even walking) with large amounts of cash/marijuana).
o Reducing the need for hardship cultivation.
• Some vendors have expressed a desire to integrate other "related" uses in an RMD/OOMD like
message therapy and yoga. We are suggesting that such uses not be physically integrated into
an RMD/OOMD for a number of reasons:
o Only a card carrying registered qualifying patient or personal caregiver are
permitted in a facility, so such additional services would not be available to the
general public.
o The MPDH regulations state that "A RMD may not sell any products other than
marijuana, including MIPS and marijuana seed, and other products such as
vaporizers that facilitate the use of marijuana for medical purposes."
o Some concerns have been expressed about the ability to monitor and enforce the
activities of an RMD relative to its compliance with MDPH and any local permitting
regulations if other uses are allowed to be integrated into it.
While we understand and see the benefit of providing additional palliative and therapeutic
care uses, we would suggest that they be offered in a separate facility nearby.
• The MDPH regulations include a provision that, lacking any local requirements, "a RMD may
not be sited within a radius of five hundred feet of a school, daycare center, or any facility in
which children commonly congregate." We are suggesting a somewhat more definitive
definition of where "children commonly congregate" and are suggesting an exclusion radius of
300' (which is consistent with the state of Massachusetts's Drug Free Zone requirement) to be
measured from the property line.
• In adopting a local Medical Marijuana Dispensary Bylaw we strongly advise that you review the
Massachusetts Department of Public Health's regulations in 105CMR 725.000:
IMPLEMENTATION OF AN ACT FOR THE HUMANITARIAN MEDICAL USE OF MARIJUANA as
some of their regulations address issues normally covered under Zoning:
o Section 725.105 Operational Requirements for Registered Marijuana Dispensaries
• (L) Marketing and Advertising Requirements that regulate signage
o Section 725.ll0(A} Security requirements for Registered Marijuana Dispensaries
• (ll) Landscaping
• (14) Location to facilities where children commonly congregate
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Page 4
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MODEL MEDICAL MARIJUANA BYLAW/ORDINANCE (December 2013)
The following should be added to the DEFINITIONS section of your Zoning
Bylaw/Ordinance:
Registered Marijuana Dispensarv (RMD): A use operated by a not-for-profit entity registered
and approved by the MA Department of Public Health on accordance with lOS CMR 72S.000,
and pursuant to all other applicable state laws and regulations, also to be known as a Medical
Marijuana Treatment Center, that acquires, cultivates, possesses, processes (including
development of related products such as food, tinctures, aerosols, oils, or ointments), transfers,
transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana,
related supplies, or educational materials to registered qualifying patients or their personal
caregivers. A RMD shall explicitly include facilities which cultivate and process medical
marijuana, and which may also dispense and deliver medical marijuana and related products.
The cultivation and processing of medical marijuana in accordance with these regulations is
considered to be a manufacturing use and is not agriculturally exempt from zoning. [NOTE:
The state has not determined if an RMD or OMDD is exempt as an agricultural use under
M.G.L. chapter 40A, Section 3, so please consult your town Counsel)
Off-Site Medical Marijuana Dispensary (OMMD) - A Registered Marijuana Dispensary that is
located off-site from 1he cultivation/processing facility (and controlled and operated by the same
registered and approved not-for-profit entity which operates an affiliated RMD) but which serves
only to dispense the processed marijuana, related supplies and educational materials to registered
Qualifying Patients or their personal caregivers in accordance with the provisions of 10SCMR
72S.00.
Permitted Districts
The following should be added as principal uses to your TABLE OF USE REGULATIONS and
then specify which Zoning Districts they are permitted in:
Medical Marijuana Treatment CenterlRegistered Marijuana Dispensary
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Page 1
• •
[We recommend that they be permitted as a By-Right use in Industrial Districts subject to
Site Plan Approval. If a community doesn't have an Industrial District (like many small
towns) then they should be permitted by Special Permit subject to Site Plan Approval in
Commercial Districts. For really small communities that don't have a Commercial
District, it is recommended that they create one.]
Off-Site Medical Marijuana Dispensary
[We recommend that they be permitted as a By-Right use in Industrial Districts subject to
Site Plan Approval, and as a Special Permit use subject to Site Plan Approval in
Commercial Districts.]
The following should be added to the chapter of your Bylaws/Ordinance that contains the
additional requirements for your By-Right, Special Permit and/or Site Plan Approval uses.
Section Registered Marijuana Dispensary (RMD) and
Off-Site Medical Marijuana Dispensary (OMMD)
1. Purposes.
It is recognized that the nature of the substance cultivated, processed, and/or sold by
medical marijuana treatment centers and off-site medical marijuana dispensaries may
have objectionable operational characteristics and should be located in such a way as to
ensure the health, safety, and general well-being of the public as well as patients seeking
treatment. The specific and separate regulation of Registered Marijuana Dispensaries
(hereafter referred to as a RMD) as Medical Marijuana Treatment Centers and Off-site
Medical Marijuana Dispensary (hereafter referred to as an OMMO) facilities is necessary
to advance these purposes and ensure that such facilities are not located within close
proximity of minors and do not become concentrated in anyone area within the
Town/City of __ _
Subject to the provisions of this Zoning Bylaw, Chapter 40A of the Massachusetts
General Laws, and 105 CMR 725.000, Registered Marijuana Dispensaries and Off-site
Medical Marijuana Dispensaries will be permitted to provide medical support, security,
and physician oversight that meet or exceed state regulations as established by the
Massachusetts Department of Health (hereafter referred to as MDPH).
2. Additional Requiremeuts/Couditious
In addition to the standard requirements for uses permitted By-right or requiring a Special
Permit or Site Plan Approval, the following shall also apply to all Registered Marijuana
Dispensaries and Off-Site Medical Marijuana Dispensaries:
a. Use:
1. RMD and OMMO facilities may only be involved in the uses permitted by
its definition and may not include other businesses or services.
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Page 2
• •
1I. No marijuana shall be smoked, eaten or otherwise consumed or ingested
within the premises.
iii. The hours of operation shall be set by the Special Permit Granting
Authority, but in no event shall an RMD or OMMO facility be open to the
public, and no sale or other distribution of marijuana shall occur upon the
premises or via delivery from the premises, between the hours of 8:00
p.m. and 8:00 a.m.
IV. RMD facilities that can demonstrate that they comply with the agricultural
exemption under M.G.L. Chapter 40A, Section 3 must still apply for Site
Plan Approval.
b. Physical Requirements:
1. All aspects ofthe use/facility relative to the acquisition, cultivation,
possession, processing, sales, distribution, dispensing, or administration of
marijuana, products containing marijuana, related supplies, or educational
materials must take place at a fixed location within a fully enclosed
building and shall not be visible from the exterior of the business.
1I. No outside storage is permitted.
lll. No OMMD Facility shall have a gross floor area in excess of2,500 square
feet.
IV. Ventilation -all RMD and OMMD facilities shall be ventilated in such a
manner that no:
v. Pesticides, insecticides or other chemicals or products used in the
cultivation or processing are dispersed into the outside atmosphere, and
vi. No odor from marijuana or its processing can be detected by a person with
an unimpaired and otherwise normal sense of smell at the exterior of the
medical marijuana business or at any adjoining use or property.
Vll. Signage shall be displayed on the exterior of the RMD and OMMD
facility's entrance in plain sight of clients stating that "Registration Card
issued by the MA Department of Public Health required" in text two
inches in height.
c. Location:
i. No RMD and OMMD facility shall be located on a parcel which is within
three hundred (300) feet (to be measured in a straight line from the nearest
points of each property line) of parcel occupied by:
I. a public or private elementary, junior high, middle, vocational or
high school, college, junior college, university or child care facility
or any other use in which children commonly congregate in an
organized ongoing formal basis, or
2. another RMD or OMMD facility, except that this limitation shall
not apply in Industrial zones
ii. No RMD or OMMO facility shall be located on a lot which abuts a
residential use (including commercial residential uses such as hotels,
motels, lodging houses, etc.) or residential zoning district.
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Page 3
• •
iii. No RMD or OMMD facility shall be located inside a building containing
residential units, including transient housing such as motels and
dormitories.
d. Reporting Requirements.
1. All Special Permit and Site Plan Approval holders for an RMD or OMMD
facility shall provide the Police Department, Fire Department, Building
CommissionerlInspector and the Special Permit Granting Authority with
the names, phone numbers and email addresses of all management staff
and key-holders, including a minimum of two (2) operators or managers of
the facility identified as contact persons to whom one can provide notice if
there are operating problems associated with the establishment. All such
contact information shall be updated as needed to keep it current and
accurate.
11. The local Building CommissionerlInspector, Board of Health, Police
Department, Fire Department and Special Permit Granting Authority (in
cases where a Special permit or Site Plan Approval was granted) shall be
notified in writing by an RMD or OMMD facility owner/operator/
manager:
iii. A minimum of 30 days prior to any change in ownership or management
of that facility
iv. A minimum of 12 hours following a violation or potential violation of any
law or any criminal or potential criminal activities or attempts of violation
of any law at the RMD or OMMD.
v. Permitted RMD and OMMD facilities shall file an annual report to and
appear before the Special Permit Granting Authority no later than January
31 st, providing a copy of all current applicable state licenses for the
facility and/or its owners and demonstrate continued compliance with the
conditions of the Special Permit.
VI. The owner or manager is required to respond by phone or email within
twenty-four hours of contact by a city official concerning their RMD or
OMMD at the phone number or email address provided to the City as the
contact for the business.
e. Issuance/TransferlDiscontinuance of Use
i. Special Permits/Site Plan Approvals shall be issued to the RMD Operator
11. Special Permits/Site Plan Approvals shall be issued for a specific
site/parcel
Ill. Special Permits/Site Plan Approvals shall be non-transferable to either
another RMD Operator or site/parcel
iv. Special Permits/Site plan Approvals shall have a term limited to the
duration of the applicant's ownership/control of the premises as a RMD or
OMMD, and shall lapse:
v. If the permit holder ceases operation of the RMD, and/or
vi. The permit holder's registration by MDPH expires or is terminated
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Page 4
, • •
Vll. The permit holder shall notify the Zoning Enforcement Officer and
Special Permit Granting Authority in writing within 48 hours of such
lapse, cessation, discontinuance or expiration.
Vlll. An RMD or OMMD facility shall be required to remove all material,
plants equipment and other paraphernalia prior to surrendering its state
Registration or ceasing its operation.
3. Application Requirements
In addition to the standard application requirements for Special Permits and Site Plan
Approvals, such applications for an RMD or OMMD facility shall include the following:
a. The name and address of each owner of the RMD or OMMO facility/operation;
b. A copy of its registration as an RMD from the Massachusetts Department of
Public Health or documentation that demonstrates that said RMD or OMMD
facility, and it's owner/operators, qualify and are eligible to receive a Certificate
of Registration and meet all of the requirements of a RMD in accordance with 105
CMR 725.000 ofthe Massachusetts Department of Public Health.
c. Evidence that the Applicant has site control and right to use the site for a RMD or
OMMD facility in the form of a deed or valid purchase and sales agreement or, in
the case of a lease a notarized statement from the property owner and a copy of
the lease agreement;
d. A notarized statement signed by the RMD or OMMD organization's Chief
Executive Officer and corporate attorney disclosing all of its designated
representatives, including officers, directors, shareholders, partners, members,
managers, or other similarly-situated individuals and entities and their addresses.
If any of the above are entities rather than persons, the Applicant must disclose
the identity of all such responsible individual persons;
e. In addition to what is normally required in a Site Plan, details showing all exterior
proposed security measures for the RMD or OMMD including lighting, fencing,
gates and alarms, etc. ensuring the safety of employees and patrons and to protect
the premises from theft or other criminal activity.
f. A detailed floor plan identifying the areas available and functional uses (including
square footage)
g. All signage being proposed for the facility.
h. A traffic study to establish the RMD or OMMD impacts at peak demand times.
1. A Management Plan including a description of all activities to occur on site,
including all provisions for the delivery of medical marijuana and related products
to OMMDs or off-site direct delivery to patients.
4. Findings
In addition to the standard Findings for a Special Permit or Site Plan Approval the
Special Permit Granting Authority must also find all the following:
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• •
a. That the RMD or OMMD facility is designed to minimize any adverse visual or
economic impacts on abutters and other parties in interest.;
b. That the RMD or OMMD facility demonstrates that it will meet all the permitting
requirements of all applicable agencies within the Commonwealth of
Massachusetts and will be in compliance with all applicable state laws and
regulations; and
c. That the applicant has satisfied all of the conditions and requirements of this
Section and other applicable Sections ofthis Bylaw/Ordinance;
d. That the RMD or OMMO project meets a demonstrated need
e. That the RMO or OMMO facility provides adequate security measures to ensure
that no individual participant will pose a direct threat to the health or safety of
other individuals, and that the storage and/or location of cultivation is adequately
secured.
f. That the RMD or OMMO facility adequately addresses issues of traffic demand,
circulation flow, parking and queuing, particularly at peak periods at the facility,
and it impact on neighboring uses.
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Page 6
Agawam Planning Board
February 20,2014
Page 3
open on Sundays and possibly Saturdays. He explained that he is proposing a storage
area as one of the uses. There was a general discussion regarding any possible high
volume uses and parking adequacy. Ms. Baldwin stated that parking is a serious concern
at this location. Ms. Dachos suggested that the Planning Board send the Board of
Appeals a letter outlining their parking concerns. She stated that the Decision for the
Flea Market may need to be revised to require the vendors parking across the street. Mr.
DeFranco (realtor) stated that if the vendors park across the street it should help with the
overall parking situation.
Motion was made by Ms. Baldwin and seconded by Mr. Pandolfi to send a letter to the
Zoning Board of Appeals stating that the Board has reviewed the 270 Main Street-
additional businesses plan and has concerns regarding the adequacy of parking for all
tenants, noting the suggestion that the vendors be required to park across the street to free
up additional spaces in the parking lot of the building.
VOTE 4-0
Motion was made by Ms. Baldwin and seconded by Mr. Pandolfi to amend the order of
the agenda.
VOTE 4-0
Mr. Chase returned to the meeting at this time.
S DISCUSSION & POSSIBLE VOTE TO BE PETITIONER -Medical Marijuana
Ms. Dachos explained that PVPe's model bylaw provides a good boiler plate that is
being used across the region. Each Town must determine whether to allow them by right
or special permit arid where (what zone). She explained that Chicopee's is by special
permit in their industrial zone. Will Reichelt of the Agawam Law Department stated that
he likes the PVPC model as written and would suggest only minor changes. Be went on
to say that while DPB recommends not locating them closer than 500' to schools,
daycares, etc but the PVPC model says 300'. He went on to say that the DPB has placed
very strict requirements on these facilities which you would need key card access to. Be
stated that he feels the industrial park would be the best location. Ms. Baldwin stated that
she agrees with the industrial area and feels they should be by special permit. Mr. Chase
and Ms. O'Grady-Howard agreed with her. Mr. Reichelt stated that he could come back
to the Board with a map showing where these would be allowed (industrial A) and a draft
ofPVPC's model bylaw tailored to Agawam's needs.
Motion was made by Ms. O'Grady-Howard and seconded by Mr. Chase to table the
discussion and possible vote to be petitioner for medical marijuana to the next Planning
Board meeting (3-6-14).
VOTE 5-0
Agawam Planning Board
February 20,2014
Page 4
6. DISCUSSION & POSSIBLE VOTE TO REPETITION -Mixed Use Business C
Zoning Amendment
Ms. Dachos stated that she has been requested to bring the Mixed Use Business C District
back before the Council. She explained that some changes have occurred since the
Council recently voted (6-4) down the proposal. She stated that DEP has just reduced the
PCE standards which may help to decrease the clean up costs associated with the Games
and Lanes building and that the Mixed Use District would provide as a tool to encourage
a developer to take on the Games and Lanes site. She went on to say that the assessment
of that property will be completed in a month. Will Reichelt of the Agawam Law
Department stated that with a positive vote of the Planning Board and a substantial
change this proposal could be brought back to the Council. Mr. Chase asked what the
substantial change is. Ms. Dachos stated that she did not support changing any ofthe
wording of the proposal but has been recently informed that the owner of the Azon
Liquors building would like to be included in the District. That would be the substantial
change. Mr. Reichelt stated that if the Board supports repetitioning the Town Council it
would be beneficial to have the property owners attend the meeting. Mr. Pandolfi stated
that he has been contacted by some of the property owners asking if there is any plan for
future parking in that area. Ms. Dachos stated that the PVPC DL TA grant application for
up to a million dollars to address parking in the area is pending.
Motion was made by Mr. Chase and seconded by Mr. Pandolfi to repetition the Town
Council to approve the Mixed Use Business C Zoning Amendment.
VOTE 5-0
7. FORM A -South West Street -leserski
This plan shows a large piece of land with a separate lot being carved out that includes
the existing house.
Motion was made by Ms. O'Grady-Howard and seconded by Ms. Baldwin to approve the
plan for Jeserski on South West Street under "Subdivision Control Law Not Required".
VOTE 5-0
The meeting adjourned at 8:45 PM.
Agawam Planning Board
February 20,2014
Page 1
AGAWAM PLANNING BOARD
February 20, 2014
MEMBERS PRESENT:
Mark R Paleologopoulos, Chairman
David A. Chase, Vice Chairman
Violet E Baldwin
Nicholas Pandolfi
Tricia O'Grady-Howard
ALSO PRESENT:
Deborah S. Dachos
Pamela R Kerr
Mr. Paleologopoulos called the meeting to order at 6:30 PM.
1. EXECUTIVE SESSION -Robin Ridge Estates
Motion was made by Ms. Baldwin and seconded by Mr. Chase to enter Executive Session
to discuss the Robin Ridge Estates.
ROLL CALL VOTE - 5 Yes
The minutes of the Executive Session were prepared under separate cover.
2. APRPOVAL OF MINUTES -February 6, 2014
The agenda was incorrect. It listed the February 20, 2014 minutes which was the day of
this meeting. The correct date of the minutes was February 6th•
Motion was made by Ms. Baldwin and seconded by Mr. Chase to approve the minutes of
February 6, 2014 as written.
VOTE 4-0-1 (Pandolfi abstained)
3. SITE PLAN -Corey Street -Pond View Hollow -Russo
Rob Levesque ofR. Levesque Associates was in attendance along with Thomas Russo,
Jr. Mr. Levesque explained that he has provided a foundation planting plan; texture
samples were brought tonight; an elevation of the proposed sign was provided; a
photometric plan was provided; and the Engineering Department comments have been
addressed. Ms. Dachos stated that the Conservation Commission's Order of Conditions
requires that if any parts of the site are to be exposed greater than 30 days then a
temporary vegetative cover shall be placed.
Agawam Planning Board
February 20,2014
Page 2
Motion was made by Ms. Baldwin and seconded by Ms. O'Grady-Howard to approve the
Site Plan for Pond View Hollow on Corey Street with the condition that all professional
staff comments be addressed.
VOTES-O
4. SITE PLAN -Cornerstone Plaza -Suffield Street -Dr. Walz
Zbigeniew Lewantowicz was in attendance to present the revised plan for this site which
he stated incorporates all comments that were received. He stated he pulled the planter
back from the "point" to address the Safety Officer's comments; signage has been shown
("handicapped parking" and "deliveries only"); a detail has been provided for the
dumpster and fence; and a note has been added to the plan stating "no snow storage" at
the "point". He went on to say that the planter has been raised and will have a 36" wall;
all parking spaces and requirements have been shown on the plan; all new curbing will be
provided around the perimeter of the site; and 6" to 12" plants will be planted in the
"point". Ms. Dachos asked if the lighting was recessed. Mr. Zbigeniew stated no but the
lights are LED; no reflectors; and are very directional. Ms. Dachos stated that the
concern is that the lights will be a distraction to drivers at the intersection. He stated that
the manufacturers assured him that these lights are very forward throwing and there
should not be any spillover. Ms. Dachos suggested the Board address the possibility of
light spillover in their motion to approve.
Motion was made by Ms. Baldwin and seconded by Mr. Pandolfi to approve the Site Plan
for Cornerstone Plaza on Suffield Street with the condition that any spillover from the
exterior lighting shall be addressed immediately.
VOTES-O
Motion was made by Mr. Chase and seconded by Mr. Pandolfi to amend the order of the
agenda.
VOTES-O
Mr. Chase left the meeting at this time.
9. SITE PLAN -270 Main Street -additional businesses
The owner of the property, Mr. Ni, was in attendance to present this plan. He explained
that he is trying to lease the remainder of the building (area not used by flea market). He
has filed this plan with the Board of Appeals which shows the remainder of the building
(less flea market) being used as lease space for retail, office, etc. He explained that the
flea market has 110 vendors and 300 parking spaces and that he has spoken with Mr.
Bryson (Flea Market owner) and asked that he park the vendors across the street to free
up additional spaces for customers. Ms. Baldwin asked if there would be enough parking
for the additional proposed uses. Mr. Ni stated that there is approximately 2,000 SF of
retail space and the remainder would be offices. Ms. O'Grady-Howard asked if they
would be Monday through Friday offices. Mr. Ni stated yes and the Flea Market is only
Agawam Planning Board
March 6,2014
Page 2
Motion was made by Ms. Baldwin and seconded by Mr. Pandolfi to approve the site plan
for Euro Auto Sales at 325 Main Street with the following conditions: the dumpster is to
be fully screened and gated; the required landscape maintenance note is to be added to
the plan; and all professional staff comments are to be addressed.
VOTE 5-0
3. DISCUSSION & POSSIBLE VOTE TO BE PETITIONER -Medical Marijuana
Zoning Amendment
Will Reichelt of the Agawam Law Department was in attendance this evening. He
explained that as a result of the last meeting he has revised the PVPC model bylaw
(renumbered) to conform to Agawam and this would allow them by special permit in the
Industrial A and B districts. Ms. Dachos stated that the PVPC model referred to a
minimum 0[300' setback from schools, etc. Mr. Reichelt stated that he changed that to
500'. Mr. Paleologopoulos asked if there was a provision for odor ventilation or any
mention of water, or drainage; or do they have to conform to state law? Ms. Dachos
stated that they must confme the odors to the building and that a sewer permit would be
required. Mr. Reichelt stated that there is nothing on drainage in the PVPC model bylaw
but hazardous disposal is covered under state regulations. He suggested that the Board of
Health be able to comment on a special permit. Ms. Dachos reminded the Board that the
temporary moratorium will expire mid-May.
Motion was made by Mr. Chase and seconded by Mr. Pandolfi that the Plarming Board
be the petitioner for the medical marijuana zoning amendment.
VOTE 5-0
The proposed Zoning Amendment will be sent to the Town Council tomorrow.
4. Correspondences
The Office received an email from Carl Hultgren of Quinn Engineering regarding the
Heritage Hall site plan that was recently approved. It shows an updated grinder manhole
location that has been shifted towards Cooper Street where the existing sewer is deeper in
order to accommodate the manufacturer's requirements for housing the grinder motor
within the manhole. Upon discussion the members agreed this was a minor change to the
plan.
Motion was made by Mr. Chase and seconded by Ms. O'Grady-Howard to approve the
minor change (grinder manhole location) to the recently approved Heritage Hall North
Site Plan.
VOTE 5-0
5. FORM A -Federal Street -Tirone
I
Agawam Planning Board
March 6, 2014
Page 3
Ms. Dachos presented this plan which shows the creation of two lots on Federal Street
that appear to conform to zoning. Ms. Dachos stated that according to Rob Levesque,
Mr. Tirone has spoken with the abutters and informed them that he will be building two
houses only on his Federal Street land and will not be pursuing another subdivision at this
location. In viewing the plan the members expressed their concerns over the location and
the amount of fill that will be needed due to the steep slopes. They were also concerned
with line of sight in this area (steep hill and curve). In conclusion, they agreed to table
action on the plan.
Motion was made by Mr. Chase and seconded by Mr. Pandolfi to table the Form A for
Tirone on Federal Street.
VOTE 5-0
6. DISCUSSION -letter to Council re: Mixed Use Business C District
This item was placed on the agenda for the members to review the draft letter to the
Council regarding the repetition of the Mixed Use District. Ms. Dachos stated that the
letter has been changed to reflect comments made by members. The members were in
agreement to send the letter as revised.
The meeting adjourned at 8:00 PM.
I"
Agawam Planning Board
March 6,2014
Page 1
AGAWAM PLANNING BOARD
March 6,2014
MEMBERS PRESENT:
Mark R. Paleologopoulos, Chairman
David A. Chase, Vice Chairman
Violet E. Baldwin
Tricia O'Grady-Howard
Nicholas Pandolfi
ALSO PRESENT:
Deborah S. Dachos
Pamela R. Kerr
Mr. Paleologopoulos called the meeting to order at 7:00 PM.
1. APPROVAL OF MINUTES -February 20, 2014
Motion was made by Mr. Pandolfi and seconded by Mr. Chase to approve the minutes of
the February 20, 2014 regular meeting as written.
VOTE 5-0
2. SITE PLAN -Euro Auto Sales -Main Street
Joe DiCarlo of Reinhardt Associates was in attendance to present this Site Plan. He
explained that the applicant, Dino Carondo, has applied for a used car license transfer
from 175 Main Street to 325 Main Street. The license is for a maximum of three cars.
The site is the current Shell gas station. A Team Meeting was held on the plan and Mr.
DiCarlo stated that he has made revisions as a result of that meeting and comments
received. A handicapped parking space has been added. The plan also shows three
employee spaces, two repair vehicle spaces, one customer space and room for up to three
vehicles for sale. Ms. Baldwin asked if he had seen the Safety Officer's comments. Mr.
DiCarlo stated yes he has and the plan has been revised to reflect those comments. Mr.
Paleologopoulos asked if the parking spaces will be striped. Mr. DiCarlo stated only the
handicapped space is striped; and that 200 SF has been provided for the each other
parking space. Ms. Baldwin asked if the dumpster is fenced. Mr. DiCarlo stated that
there is an existing screen fence on two sides of the dumpster. Mr. Chase stated that he
feels what exists around the dumpster is sufficient as trash has not been an issue here.
Upon discussion, the other members all agreed that to be consistent as they enforce
screening and fencing dumpsters on all other sites, they want the dumpster fully screened
and gated. Mr. Paleologopoulos stated that the required landscape maintenance note
should be placed on the plan as well.
,
Agawam Planning Board
April 3, 2014
Page I
AGAWAM PLANNING BOARD
April 3, 2014
MEMBERS PRESENT
Mark R. Paleologopoulos, Chairman
David A. Chase, Vice Chairman
Violet E. Baldwin
Tricia O'Grady-Howard
Nicholas Pandolfi
ALSO PRESENT
Deborah S. Dachos
Pamela R. Kerr
Mr. Paleologopoulos called the meeting to order at 6:00 PM.
1. EXECUTIVE SESSION -Robin Ridge Estates
Motion was made by Ms. Baldwin and seconded by Ms. O'Grady-Howard to enter into
Executive Session to discuss the Robin Ridge Estates bond.
ROLE CALL VOTE 5-0
The Executive Session minutes are prepared under separate cover.
2. 6:30 PM -PUBLIC HEARING -Zoning Amendment -Medical Marijuana
Facilities
Will Reichelt of the Agawam Law Department was in attendance. He stated that since
the last meeting he has made one additional change to the proposed zoning amendment.
On page 2, 180-123 Purpose -the following wording was added: "Nothing in this
Zoning Ordinance shall be construed to supersede federal and state laws governing the
sale and distribution of narcotic drugs." A brief overview of the proposal: will be
allowed in Industrial A and B districts with a Special Permit from the Board of Appeals
and site plan review by the Planning Board; extensive reporting requirements; must be
500' from schools, child care facilities or any other use in which children commonly
congregate in an organized ongoing formal basis; and cannot abut a lot that is in
residential use or residential zoning district. There was no public input this evening.
Motion was made by Mr. Chase and seconded by Ms. O'Grady-Howard to close the
public hearing on the Medical Marijuana Facilities zoning amendment.
VOTE 5-0
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Agawam Planning Board
April 3, 2014
Page 2
Mr. Reichelt reminded the members that the Town Council's public hearing on this
zoning amendment is on April 22nd and the legislative subcommittee meeting is next
Wednesday at 7:00 PM.
Motion was ma de by Ms. Baldwin and seconded by Mr. Pandolfi to send a positive
recommendation to the Town Council on the Medical Marijuana Facilities Zoning
Amendment.
VOTE 5-0
3. REVISIONS TO SITE PLAN -School Street Park Phase II -Town of Agawam
Mike Liu of The Berkshire Design Group was in attendance to go over the revisions to
the site plan for Phase II of the School Street Park. He explained that they are proposing
to change the swale in the middle of the parking lot center island from an infiltration
basin with drainage structures under the ground to a bio swale. He explained that by
using the center island for infiltration it will catch more water. He went on to say that
they are proposing the use of wood chips to stone mulch for quicker infiltration and the
DEP encourages recharge. He stated that there will be catch basins at either end of the
swale for overflow runoff. The next proposed change is to the planting plan. Mr. Liu
stated that the original plan shows pin oaks in this island and they now want to eliminate
those and add a substantial amount of ornamental grasses. He stated that the pin oaks are
a very messy tree and would not be appropriate for a parking lot. The river birches will
remain as in the original plan and the ornamental grasses are more conducive to the
environment. Ms. Baldwin stated that the Board was concerned with providing enough
shade trees in the parking lot. Mr. Liu stated that the river birches will provide some
shade and that there will be significant plantings provided along the north side of the
parking lot as shown on the approved plan. Ms. O'Grady-Howard asked how close the
trees would be planted. Mr. Liu stated the river oaks will be planted approximately 30'
apart and will be 7' to 8' at planting. Mr. Pandolfi asked what the width and depth of the
swale is and if the Conservation Commission had seen these changes. Ms. Dachos stated
yes and that they are holding a public hearing on amending the Order of Conditions next
week. Mr. Liue stated that the swale is 10' wide and less than l' deep.
Motion was made by Mr. Pandolfi and seconded by Ms. O'Grady-Howard to approve the
revisions to the Site Plan for Phase II of the School Street Park conditional upon the
Engineering Department's comments and other professional staff comments.
VOTE 5-0
4. DISCUSSION & VOTE -meeting times
Motion was made by Ms. O'Grady-Howard and seconded by Mr. Chase that the Planning
Board meetings begin at 6:30 PM rather than 7:00 PM.
VOTE 5-0
I'
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Agawam Planning Board
April 3, 2014
Page 3
5. APPROVAL OF MINUTES -March 6,2014 and February 20, 2014 Executive
Session
Motion was made by Mr. Chase and seconded by Mr. Pandolfi to approve the minutes of
March 6, 2014 as written.
VOTE 5-0
Motion was made by Mr. Chase and seconded by Mr. Pandolfi to approve the Executive
Session minutes of February 20, 2014 as written.
VOTE 5-0
8. VOTE -CPA Representative
Motion was made by Mr. Chase and seconded by Ms. O'Grady-Howard to reappoint
Violet Baldwin as the Planning Board's representative on the Community Preservation
Act Committee.
VOTE 5-0
The meeting adjourned at 7:15 PM.
Item 8. Elections
1. TE-2014-3 -Election of a member of the Community Preservation Act
Committee to a term expiring April 30, 2017 (City Council)
Councilor Letellier placed the name of Louis Russo into nomination. Motion to close
nominations made by Councilor Rheault and seconded by Councilor Mineo.
Louis Russo was re-elected by a vote of 10 Yes, 0 No, 1 Absent (Councilor Suffriti).
Council President thanked him for his continued work on CPA.
Item 9. Public Hearings
1. PH-2014-1 (TOR-2014-1) -An Ordinance to Amend the Zoning Ordinance of
the Town of Agawam to allow Registered Medical Marijuana Facilities(planning
Board) (1 of 2 readings)
Motion was made by Councilor Cavallo and seconded by Councilors Cichetti and Rossi.
The Public Hearing was declared open. Speaking in favor were Deborah Dachas,
Director of Planning and Community Development, Will Reichelt of the Law Department
and Tricia O'Grady-Howard of the Planning Board. Deborah Dachos stated that on
November 6, 2012 the Commonwealth of Massachusetts approved the act to allow
medical marijuana facilities in the state however it remained unclear as to what towns
could do with these facilities. In September of 2013, the City Council approved an 8-
month moratorium which expires on May 16, 2014. During the interim, town
administration worked with PVPC to develop a proposed draft for communities. Will
Reichelt stated that he basically reworked the ordinance that the town of Hadley adopted.
Only Industrial A and Industrial B locations would be allowed to have these facilities on
them. The key information is that they would not be allowed near any residential
district/use. The Zoning Board of Appeals would have special permitting authority. If
this ordinance does not pass then it would fall under the state regulations which are not as
strict as this ordinance is. Tricia O'Grady-Howard also stated that the Planning Board is
in full support of this ordinance. There were no other speakers in favor or in opposition.
Council President declared the Public Hearing closed and asked for a report from the
Legislative Committee which Chairman Cichetti provided.
The ftrst reading was approved by a vote of 10 Yes, 0 No, 1 Absent (Councilor Suffriti)
2. PH-2014-2 (TOR-2014-4) -An Ordinance amending the Zoning Code of the
Town of Agawam creating the Mixed Use Business C District (Planning Board)
(Referred to Legislative Committee) (Two Readings Required) -Public Hearing
Date set for May 19,2014
This item was tabled until May 19,2014.
3. PH-2014-3 (TR-2014-20) - A Resolution adopting the Fiscal Year 2015-2019
Capital Improvement Program (Referred to Finance Committee) (Mayor) ~ Public
Hearing Date set for June 2, 2014
This item was tabled until June 2, 2014.
3
Item 10. Old Business
1. TO-ZOI4-6 -Voucher List ($Z,187.50)
Motion was made by Councilor Rossi and seconded by Councilor Mineo.
The item was approved by a vote ofl0 Yes, 0 No, 1 Absent (Councilor Suffriti).
Z. TO-2014-7 -An Order granting or renewing a Junk Dealer's PERMIT for T's
Jewelers, 559 Springfield Street, Feeding Hills, MA. (Clerk)
Motion was made by Councilor Rheault and seconded by Councilor Letellier. Councilor
Rossi, Chair of the Administrative Sub-Committee provided a report unanimously
sending a positive recommendation on this item as well as the next item TO-20 14-8.
The item was approved by a vote oflO Yes, 0 No, 1 Absent (Councilor Suffeiti).
3. TO-ZOI4-8 -An Order granting or renewing an Automatic Amusement
PERMIT for Headquarter's Bar & Grille, 485B Springfield Street, Agawam, MA
(Clerk)
Motion was made by Councilors Rossi and Rheault and seconded by Councilor Cichetti.
The item was approved by a vote of 10 Yes, 0 No, 1 Absent (Councilor Suffeiti).
4. TOR-2014-2 -An Ordinance to Amend the Code ofthe Town of Agawam to
Establish the Agawam Housing Committee (Councilor Johnson) (Two Readings
Required
Motion was made by Councilor Rheault and seconded by Councilor Cavallo. A report
was provided by Councilor Cichetti as Chair of the Legislative Sub-Committee. He
stated that his committee sends a positive recommendation for approval. This is the first
reading for this item.
The first reading was approved by a vote ofl0 Yes, 0 No, 1 Absent (Councilor Suffriti).
5. TOR-2014-3 -An Ordinance to Amend the Chapter 114 of the Agawam Town
Code entitled "Jnnk and Secondhand Dealers" (Mayor) (Two Readings Required)
Motion to table was made by Councilor Cichetti (after providing his sub-committee
report stating that they recommended tabling this item) and seconded by Councilors
Rossi and Letellier.
By a voice vote, this item was tabled until the May 5, 2014 meeting.
6. TO-2014-9 -Transfer of $5,830.00 from Council Professional Services (#11112-
52190) to Council Equipment, Repair & Maintenance (#11112-52030) (City Council)
Motion was made by Councilors Cichetti and Letellier and seconded by Councilor Rossi.
Council President stated that this transfer was for the purpose of purchasing iPads for the
City Council to progress to a paperless system.
4
The item was approved by a vote oflO Yes, 0 No, 1 Absent (Councilor Suffriti).
Item 11. New Business
1. TR-2014-21 - A Resolution accepting a Grant in the amount of One Thousand
Five Hundred ($1,500.00) Dollars from the Massachusetts Emergency
Management Agency Project Management Office pursuant to Massachusetts
General Laws Chapter 44, Section 53A for Haz-Mat Planning Activities (Mayor)
Next Agenda.
2. TR-2014-22 - A Resolution confirming the reappointment of Henry Kozloski, 102
Meadow Street, Agawam, Ma to the Community Preservation Act Committee to
a term expiring April 30, 2017 (City Council)
Next Agenda.
3. TR-2014-23 - A Resolution confirming the reappointment of Violet Baldwin, 1245
Main Street, Agawam, Ma to the Community Preservation Act Committee to a term
expiring April 30, 2017 (City Council)
Next Agenda.
4. TO-2014-10 -An Order granting or renewing a LICENSE for an
Amusement Device and Weekly Amusement Permit for Six Flags
located at 1623 Main Street, Agawam, MA (Clerk)
Next Agenda and referred to the Administrative Sub-Committee.
Automatic
New England
Item 12. Any other maUer that may legallY come before the City Council.
Councilor Letellier mentioned that there were several Boy Scouts in the audience viewing
the Council meeting for a merit badge. She mentioned that a more informative meeting
would be the meeting including the Public Hearing on the Operating Budget on June 16th•
She also mentioned that the Agawam Little League Opening Day was Saturday, April
26th beginning at 9:30 and it should be a fun-filled day. Councilor Cavallo asked to
schedule a City Council School Budget S)Jb-Committee meeting for the first meeting in
May to review and take a vote on the FY15 School Budget.
Adjournment.
The Motion to adjourn was moved by Councilor Rheault and seconded by Councilor
Rossi with all in favor of adjourning. Time of adjournment 7:32pm
5
REGULAR MEETING OF THE AGAWAM CITY COUNCIL
Minutes dated April 22, 2014
Meeting was called to order By President Johnson at 7:00pm at the Auditorium at the
Roberta G. Doering School, 68 Main Street, Agawam.
Item 1. Roll Call
ROLL CALL -10 PRESENT, 1 ABSENT
Roll Call was taken with the following councilors present: George Bitzas, Cecilia
Calabrese, Paul Cavallo, Council President Christopher Johnson, James Cichetti, Gina
Letellier, Joseph Mineo, Vice President Dennis Perry, Robert Rossi and Donald Rheault.
Councilor Anthony Suffriti was not in attendance. With ten councilors present, there was
a quorum.
Item 2. Moment o(Silence and the Pledge o(Allegiance.
President Johnson asked for a moment of silence and the Pledge of Allegiance.
Item 3. Citizen's Speak Time
There were two citizens signed up to speak. The first was Matt Reardon who spoke
regarding a quality of life issue near his property on North West Street in Feeding Hills
due to truck traffic and excessive equipment noise levels. Corinne Wingard spoke in
favor of TOR-2014-2 (an Ordinance to amend the Code of the Town of Agawam to
Establish the Agawam Housing Committee)
Item 4. Minutes
There was a Motion to approve the April 7, 2014 Regular City Council meeting minutes
made by Councilor Cichetti and seconded by Councilor Rossi. The minutes were
approved by a vote of: 10 Yes, 0 No, 1 Absent (Councilor Suffriti).
Item 5. Declaration from Council President
None.
Item 6. Presentation o(Petitions, Memorials & Remonstrances
1. TR-2014-15 - A Resolution Confirming the Appointment of Robert Rivkin,
34 Sherwood Drive, Agawam, MA 01001 to the Agawam Municipal Golf
Commission for a term expiring on December 31, 2016 (Mayor)
Motion was made by Councilor Cichetti and seconded by Councilor Letellier. The
Resolution was approved with a vote oftO Yes, 0 No, 1 Absent (Councilor Suffriti).
,"
2. TR-2014-16 - A Resolutiou to Amend the Rules and Regulations of the Agawam
City Council (Referred to Legislative Committee) (Councilor Johnson)
Motion was made by Councilor Cavallo and seconded by Councilor Letellier. A report
was provided by Councilor Cichetti, Chair of the Legislative Committee, from their April
22nd sub-committee meeting giving a 3-0 positive recommendation for approval.
Discussion began with Councilor Cavallo stating that he thought it was a good idea to
establish the Council President and Vice President as ex-officios for purposes of
establishing quorums at sub-committee meetings. Councilor Mineo expressed the same
support. Councilor Letellier explained that if there is still a need for verbatim minutes,
they would still be access to audio and video. Council President added that videos are
now available on the town website.
The Resolution was approved by a vote 0[10 Yes, 0 No, 1 Absent (Councilor Suffriti).
3. TR-2014-17 - A Resolution accepting a grant in the amount of $71,164.00 from
the Massachusetts Emergency Management Agency pursuant to Massachnsetts
General Laws, Chapter 44, Section 53A to the Town of Agawam (Referred to
Finance Committee) (Mayor)
Motion was made by Councilor Rheault and seconded by Councilors Cichetti and
Letellier. Council President noted that this grant was for the purchase and installation of
an emergency generator for the Town Hall. Councilor Mineo gave his Finance
Committee report stating that there was no discussion on this item and the sub-committee
sent a positive recommendation for approval with a vote of 3-0.
The Resolution was approved by a vote 0[10 Yes, 0 No, 1 Absent (Councilor Suffriti).
4. TR-2014-18 - A Resolution accepting a grant in the amount of $1,275.00 from FM
Global pursuant to Massachusetts General Laws, Chapter 44, Section 53A to the
Agawam Fire Department (Referred to Finance Committee) (Mayor)
Motion was made by Councilors Rossi and Cichetti and seconded by Councilor Letellier.
Council president noted that this grant was for the purchase of arson equipment for the
Fire Department. Councilor Mineo gave his Finance Committee report stating that there
was no discussion on this item and the sub-committee sent a positive recommendation for
approval with a vote of 3-0.
The Resolution was approved by a vote of10 Yes, 0 No, 1 Absent (Councilor Suffriti).
5. TR-2014-19 A Resolution authorizing the Reservation of funds from the
Community Preservation Fund (CPA)
Motion was made by Councilor Rheault and seconded by Councilor Cavallo.
The Resolution was approved by a vote of10 Yes, 0 No, 1 Absent (Councilor Suffriti).
Item 7. Report of Council Committees
None.
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