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8779_ZONING AMENDMENT NON COMFORMING USES.pdfK7lc{ - -Z 0(\ \ ~ AG'Qrd«IQnr NCX'; CO<'ttc'(Y\\f\§ (j~s I October 1, 2015 I AGAWAM ADVERTISER NEWS I Page 7 Public_Safety~~_ , i;Pb~IOE'LOG The Agawam Police Department responded to 322 calls for service from Sept. 22 to Sept. 28. The depart- ment made nine arrests. Those arrested will appear at a future date in Westfield District Court and are innocent until proven guilty Wednesday, Sept. 23 Kai Chen, 37, of 345 North St, feeding Hills, was arrested on a charge of entering a dwelling at night for felony. Thursday, Sept 24 John J. Kirby, 67, of 179 Country Road, Agawam, was arrested on charges of disorderly conduct and re- sisting arrest. Friday, Sept. 25 Nelson G. Abdala, 36, of 5 Plantation Drive, Agawam, was arrested on a straight warrant Saturday, Sept. 26 Christopher fontanez, 25, of 51 06 Slaten Road, Plant City, fla., was arrested on a charge of disturbing the peace. Elvis J. Luckham, 25, of 68 Warregan St., Chicopee, was arrested on a charge of disturbing tne peace. Sunday, Sept. 27 A juvenile from feeding Hills was arrested on a charge of trespassing. A juvenile from Agawam, was arrested on a charge of trespassing. Monday, Sept. 28 Dominic Kenneth Veighey, 20, of 65 Phoenix Terrace, Apt 65, Springfield, was arrested on a charge of tres- passing. A juvenile from Springfield was arrested on charges of trespassing and larceny under $250. The Agawam Fire Department responded to 66 EMS On Sept 24 at 9:51 p.m., the department responded calls from Sept. 22 to Sept. 28, and the following emer-to Route 57 for motor vehicle accident with injuries. gency response calls. On Sept 26 at 5:46 p.m., the department respooded On Sept 22 at 5:25 a.m., the department responded to Twin Oaks for brush or brush and grass mixture fire. to Cooper Street to assist invalid. On Sept 26 at 5:46 p.m .. the department responded On Sept 22 at 11:18 p.m., the department re-to Pineview Circle for smoke detector activation, no fire sponded to Maple Meadows Lane for public sel'lice -unintentional. assistance, other. On Sept 27 at 1 :14 a.m., the department responded On Sept 23 at 7:25 a.m., the department responded to General Abrams Drive for building fire. to Century Street for alarm system sounded due to mal-On Sept 27 at 7:12 p.m .. the department responded function. to General Abrams Drive for smoke detector activation On Sept23at 7:29 a.m., the department responded due to malfunction. to Cardinal Drive to assist invalid. On Sept 27 at 8:48 p.m., the department responded On Sept 23 at 9:34 a.m., tne department responded to Springfield Street for outside equipment fire. to Leonard Streetto aSSist invalid, On Sept 27 at 9:14 p.m., the department responded On Sept 23 at 9:52 a.m., tne department responde<! to Main Street for good intent call, other. to Leonard Street to asSist invalid. On Sept 28 at 2:15 p.m., the department responded On Sept 23 at 1 0:18 a.m., the department respond-to Cooper Street for alarm system activation, no fire ed to RNer Road for lockout -unintentional. On Sept 23 at 11:25 a.m., the department respond-On Sept 28 at 2:40 p.m., the department responded ed to Main Street for alarm system activation, no fire to Maple Street tor lockout I -unintentional. On Sept 28 at 10:18 p.m., the department respond- On Sept 23 at 5:24 p.m., the department responded ed to Beekman Drive for detector activation, no fire - to Frank Street to assist invalid. unintentional. I C~~ IA~a~a:f!i~ ~;:~m~~?,~~:a~~~ e:?'~n~~~perating fire depart-I ing applicants for the positi. on of call firc-ment apparatus, tools and equipment; and j' fighter. performing fire suppression, fescue and Applicants must have a desire to serve medical first response services as neces- the community, be at least 18 years of age, sary. I have a valid driver's license and reside with-Previous experience as a firefighter, in the town of Agawam. Applicants will be emergency medical technician or other ' required to pass a CORI check, medical emergency services provider is preferred I evaluation and Massachusetts Civil Service but not required. ~hysical Abilities Test. Applications are available in the Aga- Job duties include, but are not limited warn Tovvn Hall personnel office, 36 Main I to, attending fire department training as St., Monday through Friday, 8:30 a.m. to required by policy; responding to calls for 4:30 p.m. Applications "","'ill be accepted un- emergency service; assisting career fire-til suitable candidates are found. I fighters and EMS personnel; staffing fire The town of Agawam is an Affirmative department watch desk and apparatus Action Equal Opportunity employer. " Tickets on sale for chicken supper The Agawam Congregational Church, 745 Main St., will hold a chicken and bis- cuit supper at 5:30 p.m. Saturday, Oct. 24, The menu will also include salad, green beans, cranberry sauce, butternut squash and coffee or tea. Tickets purchased in ad- vance are $12 for adu1ts and $6 for children. Ticket prices at the door are $15 for adults and $6 for children. Advance purchase is encouraged. 'i;~~#I~iji\i~~~~\"\~~~i 'w,areawomen The ~wam C~thilJk Women's CI",b; in honor of the Blessed Virgin Mary, the Lady of the Rosary, willcel' ebrat. the LiviI)g Rosary at 6 p,m, on Tuesday, Ocl, 13, at~ohn's Church, 5;13 ¥:;tin. St., Agawanl.·'Afterith~ se;rvict\ t~er" will bea short rneeU!,!\"nd~e, f\:ils)mrent& in. \:!Ie parish hal!' All are welcome. Lions to hold Harvest Breakfast Oct. 25 The Agawam Lions Club will hold its an- nual Harvest Breakfast from 8 to 11:30 a.m. on Sunday, Oct. 25, The breakfast will be held at the Agawam Lions Den at the East- ern States Exposition in West Springfield. Parking is available at Gate 2, compliments of the BigE, Tickets, which are $5 for adults and $2.50 for children 10 and under, are avail- ahle in ~wam at Bob's Barber Shop, 13 Maple St .. and Southgate Liqllors, 842 Suf- field St. They may also be purchased at the door. Funds raised from the breakfast will help support the various Agawam Lions Club charities. ROTARY I from page 1 class reunion and decided to stick together as a group. The band will play 3-5 p,m, at the School Street Park band shell. The day begins at 7 a.m. with a pancake breakfast hosted by local veterans, and the launch of the first round of 90-minute hot air balloon rides. The vendor fair opens at 10 a.m. and the Agawam High School band' will perform at 11. Balloon ascensions ",rill be offered from noon to 3 p.m. This is a unique opportu- nity for Agawam, at a low cost, said de Vil- lier. She said the only other local event she knows of that offers hot-air balloon rides is in Northampton, at twice the price. The classic car show will return for a third year, with an expected 45-50 vehicles expected. Attendees will be able to vote on a "people's choice" award along with the Rotary president's choice and best in show ribbons. Awards wiU be presented at 2 p.m. A wide variety of food will be available, including local vendors such as the Lions Club, Moe's Donuts and First Stop Cafe. Toward the end of the event, at 4 p.m., a second round of 90-minute balloon rides wm lift off. Advance registration is required for these trips, which cost $250 per person or $400 for a couple. The balloons will fly wherever the wind takes them across the Pioneer Valley. 1he new location will be less disruptive of neighbors, Sparks said. On Main Street, the festival would quickly run out of par king at the Phelps School lot, forcing attendees to search for on-street parking elsewhere in the neighborhood. The festival blocked Du/advertlsers make this publicati()f> possible. Let them, know you saw their ad in the Agawam Advertiser the end of School Street, making getting aruund difficult for local residents and for youth football teams with games at nearby Memorial Field, At School Street Park. there will are about 400 spaces available in the Corey and School street parking lots. Youth sports or- ganizations that would ordinarily schedule games there on a Saturday will cancel or move their Oct. 17 ma.tchups. "'We've outgrown Veterans Green," said Sparks. "The new park will allow us to host larger events~ About 55 vendors and civic organiza- tions participated in last year's festival. 'Ihis year, organizers are planning for 65-70. Sparks said he expects attendance this year to be similar in size to a SummerFest crowd, but traffic would be spread out over the course of the day, rather than concen- trated at the beginning and end of an eve- ning concert. The festival is a fundraiser for the Aga- wam Rotary Club: No admission is charged, but the club makes money on vendors' fees and rafflc tickets. Funds raised at the festi- val benefit the Rotary's community gh"'ing, particularly its college scholarships. Last year, the event raised $3,500, said de Villier; this year's target is $4,500. The 50-50 raffle this year will support the Phelps School's fourth grade class. In the event of rain, the Harvest Festival ",ill be held on Sunday, Oct. lB. For marc information about the festival, visit agawamrotary.org; for cancellation status, call 413-821-0514. The Strain Family CENTER Manchester, cr 06042 wVlvli.riverbendpetctematorv.com lelndiVidl!al Pet i,(l,i.",I.'.it~~t~~,.',S.i.:.-., .. CrematIOns Pri!itti itltthe e Private Cremations Di riJ'tet S' >, CaliAl at (860) 643-2955 ' (413) 569·5797 Please recycle this newspaper The Springfield Technical High School Class of 1947 will host a CLASS REUNION October 4th, 2015 Twin Hills Country Club 700 Wolf Swamp Road Longmeadow, MA 01106 All graduation classes are welcome. Social hour begins at 11 :OOa.m., buffet lunch served at 12:30p,m., followed by live music with Laura and Irv. Call Fran Kelly Coen 413-567-9694 Bea Syver 413-739-8986 Fran Pagella 413-782-0369 for more info or to make a reservation, PageS AGAWAM ADVERTISER NEWS October 1,2015 Congregational Church news, upcoming events -~(~tii:~~!(~~~t·~··" ConSigntll~n:,· now,OP,en' "The public is invited to attend the Aga- wam Congregational Church, 745 Main St., "'a place to call home - a people to call fam- ily:' \'\!orship service is on Sunday at 10 a.m. with a children's message, church school and coffee and fellowship hour follo¥.ring. Sunday, Oct. 4: Family Communion and third-graders "\\-ill be receiving Bibles. Wednesday, Oct. 7: 7-9 p.m., Bible Study, "'Ihe Acts of th~ Apostles, a "Valk Through the Early Church; ""ith Pastor Greg Dawson. Thursday: Playgroup meets 1hursday mornings, 9:30 to 11 a.m. Open to the pub- lic, It follows the Agawam public school schedule. Sunday, Oct. 11: \IVorship se.rvice with church school and coffee/fellowship hour. Monday, Oct. 12: Office closed for the Columbus Day holiday. Saturday, Oct. 17: 7:30 a.m., Men's Min- istry meeting at BobbieJ'z in Agawam; Fall Festival at the church from 9 a.m. to 4 p.m. Sunday, Oct. 18: 10 a.m., Worship ser- vice, church school, coffee hour, Joy Fellow- ship & Faithful Friends. Monday, Oct. 19: 4 p.m., Loaves & Fish- es. Wednesday, Oct. 21: 7-9 p.m., Bible Study with Pastor Greg Dawson. Saturday, Oct. 24: 5:30 p.m .• chicken and biscuit supper. Sunday, Oct. 25: 10 a.m., \Vorship ser- vice, church school and coffee hour; 5 p.m., Proposals sought for cultural grants With $11 ,900 available to award through grants, the Agawam Cultural Council is seeking proposals from local community- oriented arts, humanities and interpretive science programs in need of funding. The Agawam Cultural Council has set Thurs- day, Oct. 15, as the postmark deadline for organizations, schools and individuals to apply for grants that support or provide cultural activities for the Agawam com- munity. According to Cultural Council spokesperson Bob Karns, these grants can support a variety of artistic projects and activities in Agawam, including exhibits, festivals, sho:rt-term artist residencies, workshops and lectures, or performances in schools. The council is actively encouraging fund- ing requests from schools and youth groups to cover ticket and or transportation costs of field trips for school-age children. For more information, visit WWW.mass- culture.org/ Agawam and click on the "'Lo- cal Guidelines" tab, or visit agawamcc.org. CLUES ACROSS 34. CNN's founder 1. Punished 35. Volcanic craters 10. Cartoon feline 37.2-wheeled 12. Productive land carriage 13. Playfully . 39. Team cheer mischievous one 41. Lingering sign of 15. Liquorice-flavored injury seeds 42. Brews 16. Changed or 44. Mix with society modified 47. Type of health care 18. Used to strengthen plan and harden steel 48. Spanish baby 19. Extinct flightless 49. Expression of bird of New sympathy Zealand 50. Openwork fishing 20. Atomic #63 fabric 21. Missing soldiers 52. Farm state 24. Payment (abbr.) 53. Weak-willed 27. Blood-sucking (Yiddish) African fly 56. Madwort 30, Erstwhile 61. Cause to expand 31. Used to have 62. S. Am. procyonid:. (Scottish) 63. Former German 33. Ming: tennis champion Hotlston Rocket 65. Professional intent player on career Application forms in ·Word and PDF for- mats may be do\'vnloaded from agawamcc. org or vvww.massculturalcouncil.org!appli- cations/lccapp.asp. Grant requests should be mailed to Aga- wam Cultural Council, Town Hall, 36 Main St., Agawam, MA 01001, Attn: Grants. The postmark deadline for grant appJications is 1hursday, Oet. 15. For more information about the grant program, email Bob Kadis at r.kadis@comcast.net or call 413-789- 4814. This year's grant funding includes $11,600 from the Massachusetts Cultural Council, a state agency, and $300 of unen- cumbered funds from an unspent previ- ous. grant. The MCC provides allocations to each of Massachusetts' 351 cities and towns to support cultural activities. lhese funds are then dispersed through a strict grant process conducted by the alI-volun- teer network of 329 local cultural councils. 1his is the laJ'gest program of its kind in the United States.. CLUES DOWN author Sarah I. Black-eyed & sugar 26. A way to give snap information 2. Czech River 28.55122 MN 3. World's longest river 29. Scenic French fabric 4. Canned 32. Apothecaries' unit 5. Giant's Hall of Fame 36. No seats available Linebac.ker 38. Extraordinary 6. Worn to Mecca intellect 7. Fanatical partisan 40. Solomon Islands 8. Rapturous delight capital 9. Southern Redbelly 43. Furrow __ (minnows) 44. Principal ethnic 10. Weekday group of China 11. Seaman 45. Collectable 12. A way to bless 46. Rouse 14. Harper, Bruce and 51. Not those Robert E. 54. Serviette 15. Ammunition 55. Coalition with a 17. Scheduled to arrive common pUJpose 12. Sour or biner in 56. Maple genus taste 57. Localities 23. Closed automobile 58. Asian ox 24. Philemon (abbr., 59. Let it stand Biblical) 60. Title of respect 25. "Throne of Glass" 64. Exist Answers on page 19 Trurlk or Treat Halloween activity at the church Monday, Oct. 26: 7 p.rn., Women's Min- istry meeting in the Friendship Room. Wednesday, Oct. 28: 9 a.m., Newsletter coUation. Pastor Greg E. Dawson is available for prayer after the service. The church of- fers many programs, special family activi- ties. trips, picnics and more. Newcomers are welcome and members of the com- munity are invited to participate in all church events. For more information, call the church office at 413-786-7111. Regular office hoUl's are Monday through Friday, 8 a.m. until noon. lh,~ Tradi.nK l'o:;tCgnsigutIferrt $hop arFirstBapt!st ChuirchofAllu, W~nii 7~ Main St.Js: pow: ope~. Ho~s ofope.r~tionar~ l~ a~m~:~Q-5~?Ol'.m.~n', W~e~daysal1d, W ,\,,~. tq,Z p.m, on s,ttm:<!aYs.. . ',' ..... ' qfdllr~ are~n C</~sig~r1'\~rtorja5P. ~q. b.asis,50.p .... cent fof'tp.e co~ignll~ and 50 per~""f fo~ thfl'tadJng Post; ,The shop Cllj"Qesdotl'inll,haiidbags. hat.,househql~itell)$; t'i'ysand books. Clothing must he in 8~a8on, .clean and on han/ler. oTr~lded:""o ll!oTeth"" 50 1t~jlls witheach ul)"le;will j>eaSqepted. 'lhe '$ho~ 'also ;Carries a ·Iarge ,'se]ection( PleaSe recycle this newspaper of ml'li's o!<>thing. . Legals_. LEGAL NOTICE Notice is hereby given by USA Towing, 74 Garden 51., Feeding Hills, MA, 01030, sale of a motor vehicle pursu- ant to the provisions of G.L. C. 255, Section 39A, that on the following date, 10/09/15 at 8:00 a.m .• at USA Towing, said motor vehicle will be sold at a private sale to sat- isfy the garage keeper's lien for towing, storage and costs of sale. Description of vehi- cle: 2002 Volkswagen Passal, VIN.WVWYH63B02E210017, no plates with vehicle. Name and address last known regis- tered owner: Karla Conte, 14 Tom SI., Feeding Hills, MA 01030. 9117 ,9/24, I 011115 LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD .. The Agawam Planning Board wi!! hold a public hearing on Thursday, Octo- ber 15, 2015 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 City Council on a proposed zon- ing amendment to Section 180 entitled "Non-Confonn- ing Uses." 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 1011,10/8/15 AGAWAM CONSERVATION COMMISSION LEGAL AD The Agawam Conserva- tion Commission 'will meet . on Tbursday, October 8, 2015 at 6:00 PM at the Agawam Public Library, 750 Cooper Street, Agawam, Mass. The purpose of this meeting will be to hear the Request for Detennination of Applicability of the P1ex Sports Park LLC for property located on Garden Street. By Order of Henry A. Kozloski, Chairman Agawam Conservation Commission 1011/15 LEGAL NOTICE The Town of Agawam, Chief Procurement Officer in consultation with the Department of Public Works Department hereby invites sealed bids from qualified experience sources in for the furnishing of Snow Plowing Services for Fiscal Year 2016. A full bid package With specifications will be available beginning \Vednes- day September 30, 2015 at 10,00 AM at the Department of Public Works Office, 1000 Suffield Street, Agawam, MA 01001 or by email to Procurement @agawam.ma,us. Questions/RFl may also be directed in writing to Steve Bonesteel at SBones-teel@ agawam.rna.us. Bids will be received until: 2:00 P.M. on Friday October 16, 2015. 10/1115 Commonwealth of :Massachusetts The Trial Court Probate and Family Court 50 State Street Sptinglield, MA 01103 Docket No. HD15PI838GD In the matter of: Frances Taylor Of: Agawam, MA RESPONDENT Alleged Incapacitated Persun CITATION GIVING NOTICE OF PETITION FOR APPOINTMENT OF GUARDIAN FOR INCAPACITATED PERSON PURSUANT TO G.L. c. 191m, §S-304 To the named. Respond- ent and all other interested persons, a petitioo has been filed by Heritage HaD West of Agawam, MA in the above captioned matter allegil)g that Frances Taylor is in need of a Guardian and request- ing that Joseph Dusel of , ar~a, 413' TuileyPubH-cation5, Inc. publishe:s l&lveeklyne-v;~57. papers throughout· \Ve$tern ,'Mass~hl..i$etts, Visit \\1.'~l,~t.tuiley.com for more information. Ludlow, MA (or some other suitable person) be appointed as Guardian to serve Without Surety on the bond. The petition asks the court to determine that the Respondent is incapacitated, that the appointment of a Guardian is necessary, and that the proposed Guardian is appropriate. The petition is on file w:ith this court and may contain a request for certain specific authority. You have the right to object to this proceeding. If you wish to do so, you or your attorney must file a written appearance at this court on or before 10:00 a.m. on the return date of 10/2212015. This day is NaT a hearing date, but a deadline date by which you have to file the written appearance if you object to the petition. If you fail tD file the writ- ten appearance by the return date, action may be taken in this matter withoUl further notice to you. In addition to filing the written appearance, you or your attorney must file a written affidavit stating the specific facts and grounds of your objection within 30 days after tM return date. IMPORTANT NOTICE The outcome of this proceed- ing may limit or completely take away the above-named person's right to make deci- sions about personal affairs or fmancial affairs or both. The above-named person has the right to ask for a lawyer. Anyone may make this request on behalf of the above-named person. If the above-named person cannot afford a lawyer, one may be appointed at State expense. WITNESS, Hon. Anne M GwtTrion, First Justice of this Court. Date: September 24,2015 SID:IIDDe T. Seguin Register of Probate 1011115 Please check the accuracy of your legal notice prior to submis- sion (Le., date, time, spelling). Also, be sure the requested publication date coincides with the purpose of the notice, or as the law demands. Thank you. 1 I 1 -- Page 8 AGAWAM ADVERTISER NEWS October 1 , 2015 Congregational Church news, upcoming events Tra.clingpost Consignment now open The public is invited to attend the Aga- wam Congregational Church, 745 Main St., "a place to caUhome - a people to call fam- ily." Worship service is on Sunday at 10 a.m. \'\Iith a children's message, church school and coffee and fellowship hour following. Sunday, Oct. 4: Family Communion and third-graders will be receiving Bibles. Wednesday, Oct. 7: 7-9 p,m" Bible Study, "lhc Acts of the Apostles, a Walk 1hrough the Early Church;' with Pastor Greg Dawson. lhursday: Playgroup meets Thursday mornings, 9:30 to 11 a.m. Open to the pub- lic. It follows the Agawam public school schedule. Sunday, Oct. 11: \Vorship service "",ith church school and coffee/fellowship hour. Monday, Oct, 12: Office closed for the Columbus Day holiday, Saturday, Oct. 17: 7:30 a,m" Men's Min- istry meeting at Bobbie J'z in Agawam: Fall Festival at the church from 9 a.m. to 4 p.m. Sunday, Oct. 18: 10 a.m., \'\Torship ser- vice, church school, coffee hour, Joy Fellow- ship & Faithful Friends, Monday, Oct. 19: 4 p.m" Loaves & Fish- es, Wednesday, Oct. 21: 7-9 p.m" Bible Study with Pastor Greg Dawson. Saturday, Oct. 24: -5:30 p,m" chicken and biscuit supper, Sunday, Oct. 25: 10 a.m" \'\Torship ser- vice, church school and coffee hour; 5 p.m" Proposals sought for cultural grants With $11,900 available to award through grants, the Agawam Cultural Council is seeking proposals from local community- oriented arts, humanities and interpretive science programs in need of funding. The Agawam Cultural Council has set Thurs- day, Oct. 15, as the postmark deadline for organizations, schools and individuals to apply for grants that support or provide cultural activities for the Agawam com- munity, According to Cultural Council spokesperson Bob Kadis, these grants can support a variety of artistic projects and activities in Agawam, including exhibits, festivals. short-term artist residencies, workshops and lectures, or performances in schools, The councH is actively encouraging fund- ing requests from schools and youth groups to cover ticket and or transportation costs of field trips for school-age children. For more information, visit WWV{,mass- culture.org! Agawam and click on the "Lo- cal Guidelines" tab, or visit agawamcc.org, CLUES ACROSS 34, CNN's founder L Punished 35, Volcanic craters 10. Cartoon feline 37,2-wheeled 12: Productive land carriage 13, Playfully 39. Team cheer mischievous one 41, Lingering sign of 15. Liquorice-flavored injury seeds 42. Brews 16, Changed or 44. Mix with society modified 47, Type of health care 18. Used to strengthen plan and harden steel 48, Spanish baby 19. Extinct flightless 49. Expression of bird of New sympathy Zealand 50, Openwork fishing 20. Atomic #63 fabric 21. Missing soldiers 52, Fann Slate 24, Payment (abbr,) 53. Weak-willed 27. Blood-sucking (Yiddish) African fly 56. Madwort 30. Erstwhile 61. Cause to expand 31. Used to have 62. S. Am. procyonids (Scottish) 63. Former Gennan 33. _Ming: tennis champion HOllston Rocket 65. Professional intent player on career Application forms in 'Word and PDF for- mats may be dOVl'TIloaded from agawamcc, org or www.massculturalcouncil.org/appli- cations/lccapp,asp, Grant requests should be mailed to Aga- wam Cultural Council, Town Hall, 36 Main St .. Agawam, MA OlDOl, Attn: Grants, The postmark deadline for grant applications is Thursday, Oct. 15, For more information about the grant program, email Bob Karns at r,kadis@comcast,net or call 413-789- 4814, This year's grant funding includes $11,600 from the Massachusetts Cultural Council, a state agency, and $300 of unen- cumbered funds from an unspent previ- ous grant. The MCC provides allocations to each of Massachusetts' 351 cities and towns to support cultural activities, These funds are then dispersed through a strict grant process conducted by the all-volun- teer network of 329_local cultural councils. This is the largest program of its kind in the United States~ CLVES DOWN author Sarah I. Black-eyed & sugar 26, A way to give snap infonnation 2, Czech River 28.55122 MN 3. World's longest river 29. Scenic French fabric 4, Canoed 32. Apothecaries' unit 5, Giant's Hall of Fame 36. No seats available Linebacker 38, Extraordinary 6. Worn to Mecca intellect 7, Fanatical partisan 40, Solomon Islands 8, Rapturous delight capital 9, Southern Redbelly 43. Furrow _(minnows) 44. Principal ethnic 10. Weekday group of China 11, Seaman 45. Collectable 12, A way to bless 46. Rouse 14. Harper, Bruce and 51, Not those Robert E, 54. Serviette 15. Ammunition 55. Coalition with a 17. Scheduled to arrive common purpose 22. Sour or bitter in 56. Maple genus taste 57. Localities 23. Closed automobile 58. Asian ox 24. Philemon (abbr.. 59. Let it stand Biblical) 60. Title of respect 25. "Throne of Glass" 64. Exist Answers on page 19 - Trunk or Treat Halloween activity at the church Monday, Oct. 26: 7 p.m., "Vornen's Min- istry meeting in the Friendship Room. Wednesday, Oct. 28: 9 a,m" Newsletter collation. Pastor Greg E. Dawson is available for prayer after the service. The church of- fers many programs, special family activi- ties, trips, picnics and more. Newcomers are welcome and members of the com- munity are invited to participate in all church events. For more information, call the church office at 413-786-7111. Regular office hours are Monday through Friday, 8 a,m. until noon, The Trading -Post Consignment Shop at First Baptist Church of Aga- wam, 760 Main St:. is now open. Hours uf oper-aLioll ,!ire 10 a.tn: to 5:30 p.m. 0'11,_ Wednesdays and 10 a,m,to 2 p,m, on Saturdays_ Please recycle this newspaper Orders are on cOnsignment on a 50:- 50 basis, 50 percent for the. consigner and50percen, for the Teadi/'g Pos~ The shop carries dothing, handhags, hats, household items~ toys and books. Clothing must be in season, clean and on hangers or folded. No more than 50 items with each order will be accepted, "lhe shop also carrjes a large selection of men's clothing, Leg_ols LEGAL NOTICE Notice is hereby given by USA Towing, 74 Garden St., Feeding Hills, MA, 01030, sale of a motor vehicle pursu- ant to the provisions of G.L. C, 255, Section 39A, that on the following date, 10/09/15 at 8:00 a.m., at USA Towing, said motor vehicle will be sold at a private sale to sat- isfy the garage keeper's lien for towing, storage and costs of sale. Description of vehi- cle: 2002 Volkswagen Passat, VIN#WVWYH63B02E2100] 7, no plates with vehicle, Name and addrcss last known regis- tered owner: Karla Conte, 14 Tom St., Feeding Hills, MA 01030, 9117,9124,1011I15 LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, Octo- ber 15, 2015 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 City Council on a proposed zon- ing amendment to Section 180 entitled "Non-Conform- ing Uses." 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 1011,10/8115 AGAWAM CONSERVATION COMMISSION LEGAL AD The Agawam Conserva- tion Commission will meet on Thursday, October 8, 2015 at 6:00 PM at the Agawam Public Library, 750 Cooper Street, Agawam, Mass. The purpose of this meeting will be to hear the Request for Determination of Applicability of the Plex Sports Park LLC for property located on Garden Street. By Order of Henry A, Kozloski, Chairman Agawam Conservation Commission 1011115 LEGAL NOTICE The Town of Agawam, Chief Procurement Officer in consultation with the Department of_ Puhlic Works Department hereby invites sealed bids from qualified experience sources in for the furnishing of Snow Plowjng Services for Fiscal Year 2016, A full bid package with specifications will be available beginning Wednes- day September 30, 2015 at 10:00 AM at the Department of Public Works Office, 1000 Suffield Street, Agawam, MA 01001 or by email to Procurement @agawam.ma,us. Questions/RFI may also be directed in writing to Steve Bonesteel at SBonesteel@ agawam. rna. us. Bids will be received until: 2:00 P.M. on Friday October 16, 2015, IOfJ/I5 Commonwealth of Massachusetts The Trial Court Probate and Family Court 50 Stale Street Springlield, MA 01103 Docket No. HDlSPI838GD In the matter of: Frances Taylor Of: Agawam, MA RESPONDENT Alleged Incapacitated Person CITATION GIVING NOTICE OF PETITION FOR APPOINTMENT OF GUARDIAN FOR. INCAPACITATED PERSON PURSUANT TO G,1., c, 1908, 15.304 To the named Respond- ent and all other intere~ted persons, a petition has ;~n filed by Heritage Hall West of Agawam, MA in the above captioned matter alleging that Frances Taylor is in need of a Guardian and request- ing that Joseph Dusel of publi<:a\ion date( s) for the notice( s)in the,ubject line of your eip-ail. For ,qtiestions regarding coverage area, proc,edur;~snr cost._:pl~,ase call i(aren <;lire~tly at 413~ 283-8393'1<2·71: .. TurleiPublicahons-, Inc, publish($ 15 weekly news- papers throughout "\Vesteni' Massachusetts. Visit ~-v.w,turley:com for more information. Ludlow, MA (or some other suitable person) be appointed as Guardian to serve Without Surety on the bond. The petition asks the court to determine that the Respondent is incapacitated, that the appointment of a Guardian is necessary, and that the proposed Guardian is appropriate. The petition is on file with this court and may contain a request for certain specific authority. You have the right to object to this proceeding. If you w~sh to do so, you or your attorney must file a written appearance at this court on or before 10:00 a.m. on the return date of 10/2212015. This day is NOT a hearing date, but a deadline date by which you have to file the written appearance if you object to the petition. If you fail to file the wri[- ten appearance by the return date, action may be taken in this matter without further notice to you. In addition to filing the written appearance, you or your attorney must file a written affidavit stating the specific facts and grounds of your objection within 30 days after the return date. IMPORTANT NOTICE The outcome of this proceed- ing may limit or completely take away the above-named person's right to make deci- sions about personal affairs or financial affairs or both, The above-named person has the right to ask for a lawyer. Anyone may make this request on behalf of the above-named person. If the abO'\.'e-named person cannot afford a lawyer, -one Q;lay be appointed at State expense. ~" WITNESS, Hon, Anne M Geoffrion, First Justice of this Court, Date: September 24, 2015 S_T.Seguin Register of Probate 10/1/15 Please check the accuracy of your legal notice prior to submis- sion (Le., date, time, spelling). Also, be sure the requested publication date coincides with the purpose of the notice, or as the law demands, Thank you, 1 The Agawam Police Department responded to 322 cans for service from Sept 22 to Sept 28. The depart· ment made nine arrests. Those arrested wiff appear at a future date in Wesffield Dislfict Court and are innocent until proven guilty Wednesday, Sept. 23 Kai Chen, 37, of 345 North St, Feeding Hills, was arrested on a charge of entering a dwelling at night tor felony. Thursday, Sept 24 John J. Kirby, 67, of 179 Country Road, Agawam, was arrested on charges of disorderly conduct and re· sisting arrest Friday, Sept. 25 Nelson G. Abdala, 36, of 5 Plantation Onve, Agawam, was arrested on a straight warrant The Agawam Fire Department responded to 66 EMS calls from Sept 22 to Sept 28, and the following emer- gency response calls. On Sept 22 at 5:25 a.m., the department responded to Cooper Street to assist invalid. On Sept 22 at 11:18 p.m., Ihe departmenl re- sponded to Maple Meadows Lane for public service assistance, other. On Sept 23 at 7:25 a.m., the department responded to Century Street for alarm system sounded due to mal· function. On Sept 23 at 7:29 a.m., the department responded to Cardinal Dnve to assist invalid. On Sept 23 at 9:34 a.m., the department responded to Leonard Street to assist invalid. On Sept 23 at 9:52 a.m., the department respollded to Leonard Street to assist invalid. On Sept 23 at 10:18 a.m., the department respond· ed to River Road for lockout On Sept 23 at 11 :25 a.m., the department respond- ed to Main Street for alarm syslem aclivation, no tire -unintentional. On Sept 23 at 5:24 p.m., the department responded to Frank Street to assist invalid. - October 1,2015 AGAWAM ADVERTISER NEWS I Page 7 Saturday, Sept. 26 Christopher Fontanez, 25, of 51 06 Slaten Road, Plant City, Fla., was arrested on a charge of disturbing the peace. Elvis J. Luckham, 25, of 68 Warregan St. Chicopee, was arrested on a charge of disturbing the peace. Sunday, Sept. 27 A juvenile from Feeding Hills was arrested on a charge of trespassing. A juvenile from Agawam, was arrested on a charge of trespassing. Monday, Sept. 28 Dominic Kenneth Veighey, 20, of 65 Phoenix Terrace, Apt 65, Springfield, was arrested on a charge of tres· passing. A juvenile from Springfield was arrested on charges of trespassing and larceny under $250. On Sept 24 at 9:51 p.m., the department responded 10 Route 57 for motor vehicle accident with injuries. On Sept 26 at 5:46 p.m., the department responded to Twin Oaks for brush or brush and grass mixture fire. On Sept 26 at 5:46 p.m., the department responded to PIneview Circle ior smoke detector activation, no fire -unintentional. On Sept 27 at 1:14 a.m., the department responded to General Abrams Drive for building fire. On Sept 27 at 7:12 p.m., the department responded to General Abrams Drive for smoke detector activation due to malfunction. On Sept 27 at 8:48 p.m., the department responded to Springfield Street for outside equipment fire. On Sept 27 at 9:14 p.m., the department responded to Main Street for good intent call, other. On Sept 28 at 2:15 p.m., the department responded to Cooper Street tor alarm system activation, no fire -unintentional. On Sept 28 at 2:40 p.m., the department responded to Maple Street for lockout On Sept 28 at 10:18 p.m., the department respond- ed to Beekman Drive for detector activation, no fire - unintentional. Tickets on sale for chicken supper The Agawam Congregational Church. 745 Main SI., will hold a chicken and bis- cuit supper at 5:30 p.m. Saturday, Oct. 24. The menu will also include salad, green beans, cranberry sauce, butternut squash and coffee or tea, Tickets purchased in ad- vance are $12 for adults and $6 for children. Ticket prices at the door are $15 for adults and $6 for children. Advance purchase is encouraged, Lions to hold Harvest Breakfast Oct. 25 The Agawam Lions Club will hold its an- nual Harvest Breakfast from 8 to 11:30 a.m. on Sunday, Oct. 25. The breakfast will be held at the Agawam Lions Den at the East- ern States Exposition in West Springfield. Parking is available at Gate 2, compliments of the BigE. Tickets, which are $5 for adults and $2.50 for children 10 and under, are avail- able in Agawam at Bob's Barber Shop, 13 Maple St., and Southgate Liquors, 842 Suf- field SI. They may also be purchased at the door. Funds raised from the breakfast will help support the various Agawam Lions Club charities. ROTARY I from page 1 class reunion and decided to stick together as a group. The band will play 3-5 p.m, at the School Street Park band shell. The day begins at 7 a.m, with a pancake breakfast hosted by locai veterans, and the launch of the first round of 90-minute hot air balloon rides. The vendor fair opens at 10 a.m. and the Agawam High School.band will perform at I L Balloon ascensions will be offered from noon to 3 p.m. This is a unique opportu- nity for Agawam, at a low cost, said de Vil- lier. She said the only· other local event she knows of that offers hot -air balloon rides is in Northampton, at twice the price. The classic car show will return for a third year, "\\lith an expected 45-50 vehicles expected. Attendees will be able to vote on a "people's choice" award along "\\lith the Rotary president's choice and best in show ribbons. Awards will be presented at 2 p.m, A ".,ride variety of food will be available, including local vendors such as the Lions Club, Moe's Donuts and First Stop Cafe. the end of School Street, making getting around difficult for local residents and for youth football teams with games at nearby Memorial Field. At School Street Park, there will are about 400 spaces available in the Corey and School street parking lots. Youth sports or- ganizations that would ordinarily schedule games there on a Saturday will cancel or move their Oct. 17 matchups. "Vve've outgrown Veterans Green," said Sparks. "lhe new park will allow us to host larger events." About 55 vendors and civic organiza- tions participated in last year's festival. This year, organizers are planning for 65-70. Sparks said he expects attendance this year to be similar in size to a SummerFest crowd, but traffic would be spread out over the course of the day, rather than concen- trated at the beginning and end of an eve- ning concert. Call firefighter applicants sought Toward the end of the event. at .4 p.m., a second round of gO-minute balloon rides Vl,Till lift off. Advance registration is required for these trips, which cost $250 per person or $400 for a couple. The balloons will fly wherever the wind takes them across the Pioneer Valley, The festival is a fundraiser for the Aga- wam Rotary Club, No admission is charged, but the club makes money on vendors' fees and raffle tickets, Funds raised at the festi- val benefit the Rotary's community giving, particularly its college scholarships. Last year, the event raised $3,500, said de Villier; this year's target is $4,500. The Agawam Fire Department is seek- ing applicants for the position of call fire- fighter. Applicants must have a desire to serve the commuility, be at least 18 years of age, have a valid driver's license and reside with- in the town of Agawam. Applicants will be required to pass a CORl check, medical evaluation and Massachusetts Civil Service Physical Abilities Test. Job duties include, but are not limited to, attending fire department training as required by policy; responding to calls for emergency· service; assisting career fire- fighters and E1-'1S personnel; staffing fire department v·,ratch desk and apparatus during emergencies; operating fire depart- ment apparatus, tools and equipment; and performing fire suppression, rescue and medical first response services as neces- sary. Previous experience as a firefighter, emergency medical technician or other emergency services provider is preferred _ but not required. Applications are available in the Aga- wam Town Hall personnel office, 36 Main St., Monday through Friday, 8:30 a.m. to 4:30 p.m. Applications vvill he accepted un- til suitable candidates arc found. "fue to"\VTl of Agawam is an Affirmative Action Equal Opportunity employer. The new location will be less disruptive of neighbors, Sparks said, On Main Street, the festival would quickly run out of parking at the Phelps School lot, forcing attendees to search for on-street parking elsewhere in the neighborhood. The festival blocked Our tiC/vert/setS make this publir;atiorr pOS$lble. Let them kpow you Si!'lW theirad in the Agaw~ Advertiser ~ The ~ Strain Family ~ EQUESTRIAN CENTER LLC The 50-50 raffle this year ""'ill support the Phelps School's fourth grade class. In the event of rain, the Harvest Festival will be held on Sunday, Oct. 18. For more information about the festival, visit agawamrotary.org; for cancellation status, caiI413-821-0514. .Vlanchester, cr 06042 www.tiverbendpetcrematorycom 20 Vining Hill Road, Southwick, MA www.strainfamilyequestrian.com The Springfield Technical High School Class of 1947 Ie Individual Pet~W~rv~f~~ Cremations ~vj ·tJii'the e Private Cremations Di~ '!l~«t $"H CallAI at (860) 643-2955 Boarding. Lessons • Training' Sales • Leasing English & Western Riding Lessons Available Therapeutic Riding for Individuals with Disabilities (413) 569·5797 Please~ecycle this newspaper will host a CLASS· REUNION October 4th , 2015 Twin Hills Country Club 700 Wolf Swamp Road Longmeadow, MA 01106 AU graduation classes are welcome. Social hour begins at 11 :OOa.m., buffet lunch served at 12:30p.m,. followed by live music with Laura and Irv. Call Fran Kelly Coen 413-567-9694 Bea Syver 413-739-8986 Fran Pagella 413-782-0369 for more info or to make a reservation. • TOR-201S-9 AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING ORDINANCES §180 ENTITLED "NONCONFORMING USES". (Sponsored by Councilor James Cichertti) WHEREAS, Pursuant M.G.L. c. 40A s. 5 the City Council may propose amendments to the Agawam Zoning Code; and WHEREAS, The Inspector of Buildings is the permit granting authority authorized to issue building permits within the Town of Agawam; and WHEREAS, M.O.L. c. 40A s. 6 allows the designation of the Inspector of Buildings to permit the extension or alteration of a pre-exiting nonconforming structure if he is designated by by-law or ordinance to make a determination that such extension or alteration are not substantially more detrimental than the existing nonconforming use to the neighborhood; and WHEREAS, in order to make the permit process more efficient and rapid for single and two family homes the Inspector of Buildings should be vested with the IIUthOrity to make such determination by ordinance or by-law within the Town of Agawam, and WHEREAS, it is in the best interest of the Town of Agawam to amend Section 180-7 entitled "Nonconforming uses and structures". NOW THEREFORE. THE AGAWAM CITY COUNCIL hereby resolves, ordains and amends and enacts the following amendments to the Code of the Town of Agawam: Delete the current Section 180-7 A and B (2) and replace with the following: A. Nonconforming use and/or building is the lawful use of a structure or land, or lawful construction of a building at the time of the enactment of this chapter or of a prior ordinance applicable thereto, but which does not conform to the requirements after the adoption of this chapter or to this chapter as amended in the district in which it is located. B. A building, structure, land or use which at the time of the enactment of this chapter is considered nonconforming may be: (2) Alteration and/or enlargement of existing nonconforming one and two family residential structures: • • "it'] wri ht'l9 (a) Zoning Administrator bas the authority to issue permits for alterations or enlargements thereID, if such alteration or enlargement, of and by itself, does not create any new nonconformities. (dud-L.-) (b) In all other circumstances a§PHizrYpermit must be applied for and granted by the ZBA. DATEDTIDS1!!lOF Mcure.h ,201b. PER ORDER OF TIffi AGAWAM CITY COUNCIL • • MAYORAL ACTION Received this ---=lc-LP_m ____ day of M~ ,2016 from Council Clerk. Signed by Council President this _,.....;.._-i11. ____ day of MaJ'C.h ,2016. APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the AgaWl!lll Quuter, as 8IJWl.I\e4,Jhereby approve the passage of the above legislation on this I CtfY 1 day of _~~!::::!kf)~....!....-_---" 2016. 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 ____ . __ --', 2016 for the following reason(s): •.•. _ ....... _-------------------- Richard A. Cohen, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK Returned to Council Clerk this lIP fh day of Ma vcJr) ,2016. • December 7, 2015 Agawam Town Council Dear Council President Johnson: • TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MA 01001 BOARD OF APPEALS 413-786-0400 Ext 8739 Due to the fact that our last meeting was in violation of the open meeting laws, the ZBA met again on Thursday, December 3"'. This meeting was correctly posted. We again approved the rules and regulations for the ZBA and included a Zoning Administrator. If you have any questions, please feel free to contact me at 413-250-5236 (cell phone). Sincerely, Doreen Prouty Chairperson, ZBA • • BOARD OF APPEALS PUBLIC MEETING The following members attended the public meeting: Doreen Prouty-Chairperson Gary Saffriti.. Vice Chairperson James Marmo-Clerk Gary Geiger-A1temate Rich Mapi-Altemate Chairperson Prouty opened the meeting at 6:30 PM. 1 1. Rales ad Replatiom .,the Board of Appeals Rich Maggi while readlIIg over the changes said that it looked good. Vi suggested that the board go over all of the changes as a board, which was Geiger. In the section that reads "The powers of the Board shall be", # 2 was I'eII\Oved which read, "To hear and decide appes1s from actions taken by other town boards and offici41s.1inder the building code (including plumbing), zoning orcI.inan=I, subdivision control regulations and other rules and regulations adopted regulating the use of land and buildings as cited under the Charter of tile Town of Agawam. Chaitperson Prouty motioned to add rules regarding the "wtexCU$ed abSCDCe" of any board members which reads: "The unexcused absence, without good cauae, of a Board of Appeals member from 6 consecutive meetinp or 3 consecutive months, whichever oocrurs first, shall serve to vacate sueh position." Vice Chairperson. Suffriti seconded that motion Chairperson Prouty motioned to add the definition of Zoning Adminislrator which reads: The inspector of Buildings shall be appointed as the Zoning Administrator (ZA) by the Board of Appeals. Such appointment may be withdrawn after hearing and unaliimous vote of the board. The ZA acts solely under the direction of and strictly within the parameters set by the ZBA Such puameten may be added to. amended or withdrawn at ZBA discretion. Vice Chairperson. Sufliitti said he feels as though it reads tough. Board member, Maggi agreed. Vice ChaUpcnon, Suffritti had questions regardin& tile 5250.00 cbazge because if you are not changing the footprint then there is no reason to charge. Other changes were 10 delete the last paragraph on page 4. Chairpenon,Prouty at thi_ point said that was the end of her suggestions. Vice Chairperson, Suffritti agreed and called for a vote to ~ the amended version of the Rules and Regulations of the Board of Appeals. Clerk, lim Marmo and Vice Chairperson, Sufliitti agrees and Chairperson, Prouty makes it nnanimous. 1. Motion to approve the November 23, 201S minutes. All approved S~ I'Z Wd. 'I ... 3]8 SUI ~ 2 • • 3. Chairperson, Prouty mentioned her discussion with Associate Solicitor, Patrick Toney regarding Mushey's at 369 Main Street and no overnight parking. Member. Maggi feels as though that having those trucks there is a violation of the ZorungtBuilding codes. Chairperson, Prouty agrees that he is in violation, but there is nothing mote that the ZBA can do and more discussions need to happen so Chairperson Prouty motioned to close this discussion to a 1ater date. All members approved. 4. Member Geiger motioned 10 adjolDU at 7:45 PM. Seconded by Member Maggi. All in favor. • December 7, 2015 Agawam Town Council Dear Council President Johnson: • TOWN OF AGAWAM 36 MAIN STREET AGAWAA( MA 01001 BOARD OF APPEALS 413-786-0400 Ed 8739 Due to the filet that our last meeting was in violation of the open meeting laws, the ZBA met again on Thursday, December 3M• This meeting was correctly posted. We again approved the rules and regulations for the ZBA and included a Zoning Administrator. If you have any questions, please feel free to contact me at 413 -250-5236 (cell phone). Sincerely, Doreen Prouty Chairperson, ZBA • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1801 Tel. 413-786-0400 Fax 413-786-9927 January 22, 2016 James P. Cichetti, President Joseph Mineo, Vice President George Bitzas, Councilor Cecilia P. Calabrese, Councilor Paul C. Cavallo, Councilor Christopher C. Johnson, Councilor Gina M. Letellier, Councilor Donald M. Rheault, Councilor Robert Rossi, Councilor Anthony Suffriti, Councilor Richard Theroux, Councilor Agawam Town Council 36 Main Street Agawam, MA 0 I 00 1 Dear Councilors: At its duly called meeting held on January 21, 2016, the Agawam Planning Board voted 3-0 to send a positive recommendation to the Town Council with regard to TOR-20IS-9 "An Ordinance to Amend the Code of the Town of Agawam Zoning Ordinances Section 180 Entitled "Nonconforming Uses". Tfyou have any questions, please contact this office at 786-0400, extension 8738. Si"'7~ Mark R. Paleologopoulos, Chairman AGAWAM PLANNING BOARD MRP/MS:prk cc: Clerk, Solicitor, d' • • TOR-201S-9 AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING ORDINANCES §180 ENTITLED "NONCONFORMING USES". (Sponsored by Councilor James Cichettti) WHEREAS, Pursuant M.G.L. c. 40A s. 5 the City Council may propose amendments to the Agawam Zoning Code; and WHEREAS, The Inspector of Buildings is the permit granting authority authorized to issue building permits within the Town of Agawam; and WHEREAS, M.G.L. c. 40A s. 6 allows the designation of the Inspector of Buildings to permit the extension or alteration of a pre-exiting nonconforming structure if he is designated by by-law or ordinance to make a determination that such extension or alteration are not substantially more detrimental than the existing nonconforming use to the neighborhood; and WHEREAS, in order to make the permit process more efficient and rapid for single and two family homes the Inspector of Buildings should be vested with the authority to make such determination by ordinance or by-law within the Town of Agawam, and WHEREAS, it is in the best interest of the Town of Agawam to amend Section 180-7 entitled "Nonconforming uses and structures". NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and amends and enacts the following amendments to the Code of the Town of Agawam: Delete the current Section 180-7 A and B (2) and replace with the following: A. Nonconforming use andlor building is the lawful use of a structure or land, or lawful construction of a building at the time of the enactment of this chapter or of a prior ordinance applicable thereto, but which does not conform to the requirements after the adoption of this chapter or to this chapter as amended in the district in which it is located. B. A building, structure, land or use which at the time of the enactment of this chapter is considered nonconforming may be: (2) Alteration andlor enlargement of existing nonconforming one and two family residential structures: • • (a) Zoning Administrator has the authority to issue permits for alterations or enlargements thereto, if such alteration or enlargement, of and by itself, does not create any new nonconformities. (b) In all other circumstances a special permit must be applied for and granted by the ZBA. DATED THIS __ OF _______ , 2015. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. J son, President seH.,.-.::;olicitor • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1801 Tel. 413-786-0400 Fax 413-786-9927 TO: Building Inspector Town Solicitor Engineering/DPW Safety Officer Fire Department Health Department Conservation Commission Board of Appeals School Committee Assessors FROM: Planning Board MEMO SUBJECT: Proposed Zoning Amendment -Non-Conforming Uses -Town Council DATE: January 14, 2016 The Plarming Board has received the attached zoning amendment sponsored by the Town Council regarding Non-Conforming Uses and will be holding a public hearing on this at their January 21, 2016 meeting. Please provide any comments you may prior to the hearing. MS:prk LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD • The Agawam Planning Board will hold a public hearing on Thursday, January 21,2016 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 Town Council on a proposed Zoning Amendment entitled "Non-Conforming Uses". 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 117116 & 1114/16) Cc: Planning Boards in: Westfield West Springfield Suffield Southwick Springfield Pioneer Valley Planning Commission Dept. of Housing & Community Development, Boston = PRESIDENT Christopher C. Johnson VICE PRESIDENT Dennis J. Perry COUNCILORS George Bitzas Cecilia P. Calabrese Paul C. Cavallo James P. Cichettf Gina M Letellier Joseph Mineo Donald M Rheault Robert E. Rossi Anthony R. Sutfriti ADMINISTHATIVE ASSISTANT Barbara A. Bard TELEPHONE (413) 726-9716 FAX (413) 726-9717 EMAIL bbard@agawam.ma.us ~GAWAM CITlcOUNCIL 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 October 6, 2015 Agawam Planning Board Town Hall 36 Main Street Agawam, MA. 01001 Re: TOR-2015-9 Dear Members oftbe Agawam Planning Board: The Agawam City Council is the Petitioner and had referred TOR-2015-9 to tbe Planning Board to hold its public hearing on October 15, 2015 however a recent email from tbe Solicitor requires tbe Building Inspector to petition tbe Zoning Board of Appeals to be appointed "Zoning Administrator" (see attached). • TOR-2015-9' -An Ordinance to Amend tbe Code of tbe Town of Agawam Zoning Ordinances §180 entitled "Non-Conforming Uses" (Councilor Cichetti) The City Council has voted to witbdraw tbis Agenda item until after the ZBA has made its recommendation and sends it to tbe Council for confirmation. If you have any questions, please do not hesitate to contact me. Sincerely, Christopher C. Johnson, Presi n Agawam City Council CCJlbb cc: Full Council Mayor . Solicitor Planning Building Inspector RECE\VEO 00 \)72015" AGAWAM PLANN\NG BOARD • barba'ra bard From: Sent: To: Cc: Subject: Chris: • • Vince Gioscia Tuesday, September 22, 2015 2:46 PM Christopher C Johnson; Vincent Gioscia; Mayor Richard Cohen Erik Wight; barbara bard; Anthony Suffriti; Anthony Suffriti; Cecilia p, Calabrese; Cecilia Calabrese; Christopher C Johnson; Dennis Perry; Dennis J, Perry; Donald M, Rheault; Donald Rheault; George Bitzas; 'George Bitzas'; George Bitzas; Gina M. Letellier; Gina Letellier; James P. Cichetti; James Cichetti; Joseph Mineo; Joseph Mineo; Paul Cavallo; Paul C Cavallo; Robert E. Rossi; Robert Rossi RE: TOR-2015-9 I spoke to Eric Wight at length about this. It is his opinion and mine that the Inspector of Buildings has been acting as the Zoning Administrator for an extensive period of time, predating his tenure, Even though The Inspector has acted as "Zoning Administrator" there has in fact never been a formal appointment. It order to remedy the matter I have instructed Mr. Wight to petition the ZBA to be formally appointed via section 13 and then have the Council vote to affirm. That would allow the Appointment and the TOR2015-9 to occur concurrently and formalize the Inspectors position preventing future problems. Should the ZBA not appoint or the Council not affirm then there will be significate issue moving forward. Thank you for bringing this omission to my attention. Should you wish to discuss further please do not hesitate to contact me. Vincent F. Gioscia, Esq. City Solicitor Agawam Law Department 36 Main Street Agawam, MA 01001 Telephone: 413-786-0400 ext. 8281 Facsimile: 413-786-9927 E-mail: solicitor@agawam.ma.us From: Christopher C. Johnson [mailto:chrisjlaw@comcast.netj Sent: Monday, September 21, 2015 3:26 PM To: Vince Gioscia; Vincent Gioscia Cc: Erik Wight; barbara bard; Anthony Suffriti; Anthony Suffriti; Cecilia P. Calabrese; Cecilia Calabrese; Christopher C, Johnson; Dennis Perry; Dennis J, Penry; Donald M, Rheault; Donald Rheault; George Bitzas; 'George Bitzas'; George Bitzas; Gina M, Letellier; Gina Letellier; James p, Cichetti; James Cichetti; Joseph Mineo; Joseph Mineo; Paul Cavallo; Paul C. Cavallo; Robert E, Rossi; Robert Rossi SUbject: TOR-2015-9 Vince I have a question regarding the proposed ordinance to change the permit granting authority for extensions or alterations to pre-existing non-conforming structures from the Board of Appeals to the Inspector of Buildings. My specific question is whether it is permissible to make the change under state law, M,G.L c. 40A § 6 provides in pertinent part: Pre-existing nonconforming structures or uses may be extended or altered, provided, that no such extension or alteration shall be permitted unless there is a finding by the permit granting authority or by the special permit granting authority designated by ordinance or by-law that such 1 • • change, extension or alteration shall not be substantially more detrimental than the existing nonconforming • use to the neighborhood. M.G.L. c. 40A § lA provides in pertinent part: "Permit granting authority", the board of appeals or zoning administrator. "Zoning administrator", a person designated by the board of appeals pursuant to section thirteen to assume certain duties of said board. Please contact me with any questions. Thank you Chris Johnson 2 PRESIDENT Christopher C. Johnson VICE PRESIDENT Dennis 1. Perry COUNCILORS George Bitzas Cecz1ia P. Calabrese Paul C. Cavallo James P. Cichelli Gina M Letellier Joseph Mineo Donald M Rheault Robert E. Rossi Anthony R. Suffriti ~GAWAM CIT/COUNCIL 36 MAIN STREET AGAWAM MASSACHUSETTS 01001 , . . . December 30, 2015 Agawam Planning Board Town Hall 36 Main Street Agawam, MA. 01001 Re: TOR-2015-9 Dear Members of the Agawam Planning Board: The Agawam City Council has voted to be the Petitioner and has referred the following item to the Agawam Planning Board for you to hold a public hearing and make a recommendation. The City Council will hold their public hearing on the same on March 7, 2016. • TOR-2015-9 -An Ordinance to amend the Code of the Town ADMINISTRATIVE of Agawam Zoning Ordinances §180 entitled "Non-Conforming ASSISTANT Use" (Conncilor Cichetti) Barbara A. Bard TELEPHONE (413) 726-9716 FAX (413) 726-9717 EMAIL bbard@agawam.ma.us If you have any questions, please do not hesitate to contact me. Sincerely, . flAJA1op-h1 Q \\f1A(~~ Christopher C. Johnson, Prea Agawam City Council \J CCJ/bb cc: Full Council Mayor Solicitor Planning • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 TO: Building Inspector TOVoin Solicitor Engineering/DPW Safety Officer Fire Department Health Department Conservation Commission Board of Appeals School Committee Assessors. FROM: Planning Board MEMO SUBJECT: Proposed Zoning Amendment ~ Non-Conforming Uses ~ ToVoiTI Council DATE: September 25,2015 The Planning Board has received the attached zoning amendment sponsored by the ToVoiTI Council regarding Non-Conforming Uses and will be holding a public hearing on this at their October 15, 2015 meeting. Please provide any comments you may prior to the hearing. PRESIDENT Christopher C. Johnson VICE PRESIDENT Dennis 1. 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 S'if.friti ADMINISTRATIVE ASSISTANT Barbara A. Bard TELEPHONE (413) 726-9716 FAX (413) 726-9717 EMAIL bbard@agawam.ma.us • •• • AGAWAM CITY COUNCIL 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 September 24,2015 Agawam Planning Board Town Hall 36 Main Street Agawam, MA 0 I 00 1 Re: TOR-2015-9 Dear Members of the Agawam Planning Board: The Agawam City Council has referred the following item to the Agawam Planning Board for you to hold a public hearing (suggest October 15, 2015) and make a recommendation. The City Council voted to be the Petitioner at their September 21, 2015 meeting and will hold their public hearing on the . same on November 4,2015. • TOR-2015-9 -An Ordinance to amend the Code of the Town of Agawam Zoning Ordinances §180 entitled "Non-Conforming Uses"(Councilor Cichetti) (Two Readings Required) If you have any questions, please do not hesitate to contact me. ~ Christopher C. Johnson, Pr Agawam City Council CCJlbb cc: Full Council Mayor Solicitor Planning Building Inspector Erik Wight Inspector of Buildings Mi.hael Day Plumbing Inspector Cross Connection Tester September 17, 2015 Christopher Johnson Council President 36 Main Street Agawam, MA 01001 Re: TOR-2015-9 ttrown of Agatam Inspection Services Department Building Inspection Code Enforcement 1000 Suffield Street, Agawam, MA 01001 Telephone -(413) 821-0632 Fax (413) 821-0637 Miebael Theroux Sealer of Weights & Measures Code Enforcement Officer Under the current Town of Agawam Zoning Bylaws Chapter 180 -7 B(2) "B. A building, structure or land which at the time of enactment of this chapter is being put to a nonconforming use may be: (2) Altered or enlarged in that use, but only after the granting of a permit thereof by the Board of Appeals" Currently and in the past homeowners who live on nonconforming lots or where their current houses do not meet today's zoning setbacks were required to send $250 dollars to go before the Board of Appeals (ZBA)and wait for up to 3-4 months for a ZBA decision. Please note that all the cases brought before the ZBA for this reason, were unanimously approved, none were denied. The proposed Bylaw {TOR-201S-9} would streamline this process so that the Inspector of Buildings can make that determination thus saving the applicant valuable time and money Attached you will find the decisions of the Board of Appeals Cases dating from 11/20/01 through 7/16/15 for the addresses noted below: • • 107 Fairview 51./19 Alhambra 50Ulh/95 Edward 51./687 River Rd/55 Riverview Av/17 Bailey 5t/20 DePalma/21 Pomeroy SI./870 Main SI./114 High 51./660 Main St/217 Meadow S1/408-410 Meadow 51./390 Poplar 51./1172 River Rd./132 Liberty 51./789 Main 5t./108 Liberty SI./11 Barney 5t./46 Cleveland 51./88 Lealand Ave/90 Monroe 51/185 Soulh Westfield St./43 Meadow St./25 Annable SI/629 Suffield 5t/l0l Reed 5t/73 Adams 51/33 Perry Ln/l07 Reed 5t/747 North West SI/12 Tower Tr/360 Pine 5t112 Letendre Ave/48-S0 South Westfield St./207 North West 5t/20 Hastings St./420 North SI./239 North SI./37 Pleasant Or./475 Meadow St./14 Meadow Ave./55 Autumn 51./631 Springfield St Inspector of 8uildings • • TOR-lOI5-9 AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING ORDINANCES §18O ENTITLED "NONCONFORMING USES". (SpODllOred by Councilor James Cicbettti) WHEREAS, Pursuant M.G.L. c. 40A s. 5 the City Council may propose amendments to the Agawam Zoning Code; and WHEREAS, The lnspector of Buildings is the permit granting authority authorized to issue building pennits within the Town of Agawam; and WHEREAS, M.G.L. c. 40A s. 6 allows the designation of the Inspector of Buildings to permit the extension or alteration of a pre-exiting nonconforming structure jf he is designated by by-law or ordinance to make a determination that such extension or altemtion are not substantially more detrimental than the existing nonconforming use to the neighborllOod; and WHEREAS, in order to make the permit process more efficient and rapid for single and two family homes the Inspector of Buildings should be vested with the authority to make such determination by ordinance or by-law within the Town of Agawam, and WHEREAS, it is in the best interest of the Town of Agawam to amend Section 180-7 entitled "Nonconforming uses". NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and amends and enacts the following amendments to the Code of the Town of Agawam: Delete the current Section 180-7 B (2): B (2) Altered or enlarged in that use, but only after the gmnting of a permit thereofby the Board of Appeals. Add the following to Section 180-7(B): (2) Altemtion, extension or change of Existing Nonconforming I & 2 Family Dwellings: As provided in the M.G.L. c. 40A Section 6. a nonconforming single-or two-family dwelling may be altered or extended, only if the Inspector of Buildings determines that doing so does not increase the nonconforming nature of said structure. Nonconforming structures or uses, other than single- or two-family structures, may be extended or altered on a special permit from the Zoning Board of Appeals. DATED 1HIS __ OF ______ ......... 2015. • PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Jrnt0D, President . I ~7::l~~ANDLEGALITY Vincent Gio~ Solicitor • LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD • The Agawam Planning Board will hold a public hearing on Thursday, October 15,2015 at 6:30 PM in the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose ofthis hearing will be to hear the petition of the Agawam City Council on a proposed zoning amendment to Section 180 entitled "Non-Conforming Uses". 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 1011115 & 10/8115) Cc: Planning Boards in: Westfield West Springfield Suffield Southwick Springfield Pioneer Valley Planning Commission Dept. of Housing & Community Development, Boston Erik Wight From: Sent: To: Cc: Subject: Attachments: Barbara: Vince Gioscia Thursday, September 17, 2015 9:15 AM barbara bard James Cichetti; Erik Wight Zoning Code Amendment Nonconforming use signed TOR-2015-9.pdf • Attache is a signed TOR sponsored by Councilor Cichetti. Please place it on the agenda. I'll deliver the original after I teach my class today, around 1:00. Also, I spoke to Erik Wight yesterday and he will forwand backup documentation regarding this TOR. Thanks, Vincent F. Gioscia, Esq. City SOlicitor, Town of Agawam 36 Ma in Street Agawam, MA 01001 413-786-0400 Ext. 8281 Solicitor@agawam.ma.us 1