8850_ZONING AMEND. - SOLAR ENERGY SYSTEMS - COUNCIL PRES. JOHNSON AND COUNCILOR ROSSIZor n -
ISO c r nec`
February 15, 2018 1 AGAWAN ADVERTISER NEWS 1 Page 13
Classifieds
14 WEEKLY NEWSPAPERS 1 SERVING 50 LOCAL COMMUNITIES
A TURLEY PUBLICATION 1 www.turley.com
ATEKS TREE. Honest; quality tree
service. From pruning to house lot
clearing, Fully insured. free estimates.
Firewood sales: (413K47-3420
DL & G TREE- SERVICE. Every-
thing from tree pruning, tree removal,
stump grinding, stormdamage, lot
clearing and brush chipping. Honest
and Dependable. Fully insured. Now
offering a Senior Citizen and Veteran
discount. Call today for free estimate
1413)478.4212
COMMUNITY MARKETPLACE
H & H TREE SERVICE Fully in-
sured. 15 yrs experience climbing,
Call Dave for additional services. 413-
668-SM day or night
"MEALS ON WHEELS" SUPERVISOR
WORK THAT MAKES A DIFFERENCE IN PEOPLES LIVES!
WestMass Eldercare is a dynamic human service agency comprised of a caring, com-
petent and professional staff. Our mission is "to preserve the dignity, independence,
and quality of life of elders and disabled persons desiring to retrain within their own
Community."
ESSENTIAL DUTIES AND RESPONSIBILITIES;
• Schedules, supervises and trains the "Meals On Wheels" delivery drivers.
• Prov-ides instructions to the part-time delivery drivers regarding accurate inter-
pretation. and implementation of regulations, policies, procedures of the Nutrition
Department and WestMass Eldercare.
REQUIRED KNMEDGE. SKILLS AND ABILITIES:.
• Possesses a minimum of a Bachelors Degree in social services, management or
related field from an accredited college.
• Demonstrated supervisory skills.
• Must have basic computer skills and the ability to become proficient in job related
software progrpms.
+ Possesses excellent verbal and written communication skills.
In addition to a salary Commensurate with the responsibilities and; qualifications, the
following benefits are provided:
• A full time work week of k hours. -:
Monday — Friday work schedule — no nights or weekends
• Health'" Insurance, Dental Insurance, Retirement program, Life insurance
• Generous.paid vacation time and generous paid sick time,
• Tweir. paid holidays.
Please send resume to: (e-mail preferred)
human_resources@wmeldereare.org
or Director of Human Resources
4 Valley Mill Road, Holyoke, MA 01040
No phone calls please. AAJEOE
MAIL TO: Classifieds, 24 Water St., Palmer, MA 01069
or cell toll free: $00-824-6548
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PETS
RETIRED RACING
GREYHOUNDS AVAILABLE
FOR ADOPTION
SPAYERMEUTERED, WORMED,
SHOTS, NEARTWORM TESTED,
TEETH CLEANED
MAKE A FAST FRIENDI
GREYHOUND OPTIONS INC.
CALL IAILRY AT 413.566tiL' i29
OR CLAIRE AT 413-967.9088
OR GO TO
WWW.GREYHOUNDOPTIONS.
OHO
HORSES
HORSEBACK RIDING LESSONS
offered ;year round at our state of the
art facility. beginner to advanced. Ages
4 years to adult. Boarding, sales and
Leasing also available. Convenient lo-
cation at Orion Farm in South Hadley
(413)532.9753 www.orionfarmnet
ASSEMBLY POSITIONS
ENTRY LEVEL- CIUCOPEE
ALL SHIFTS
• Gldtial Healthcare supply manufac-
turer, Cardinal Heafth, has immediate
needs for production assemblers:
Hand dexterity and eye for details. Shift
hours are 6:30am-Toopm 2:30pm-
1tpm, and 10:30pm-7am. Pay is be-
tween $11.35-12.05/ hr. Must be able
to work;CT Upon hire great benefits
including health, dental, 401 K, PTO,
educational reimbursement,. parental
leave, and more.
Production Positions -Ea at
LonlIpm irdaw' - - . ` .
• 2nd shift openings atStaniq Black &
Decker/ Lenox Tools.
Hours are typically 5pnvsam, Can
lead to full-time with a nice increase in
pay. Various departments: heat treat;
punching, honing, coatings, and finish-
ing. $131 hr
Interested? Call us at 413-737.1157
or forward resume to 17136kelly5er-
vices.0om
DRIVERS: HOME EVERY
NIGHTH Make $11001wk + Great
Benefits?
Local Position --Mr: Suit's.
COLA required.
TEXT TRUCK TO 55000
5W244-7837
FOSTER CARE.
You can help chaluge
someone's 1Re.
Provide a safe home for children
and teens who have been abused
or neglected. Now offering a
$1,000 Sign -On Bonus
Can Devereux Therapeutic
Foster Care
413-734-2493
PART-TIME HELP WARTED in po-
diatry office. Must be fluent in English
and Portuguese. Medical and comput-
er training helpful but willing to train,
Employment applications available at
77 W€ndsor St., Suite 204, Ludlow, tt@A.
We are an equal opportunity employer.
SMALL LOCAL GLASS snopseek-
ing experienced commercial glazing
estimator or experienced glazer look-
ing to branch into estimating and proj-
ect management. Call Yankee Glass
413-632-0515.
TOWN OF WILBRAHAM
HEAVY EQUIPMENT
OPERATOR
Great opportunity for fully bene-
fited union position with municipal
public works department; oper-
ate trucks, snow 'plows, backhoe;
front-endlbuckot loader, jet vac-
uum, specialty mower, sweeper;
roster, street paver,. manual & pow-
er tools, etc. under all weather
conditions & for prolonged periods
of time. ,Req. H&GED, good work
history, CDL B wltanker; Hoist-
ing 20, 4E & 4G within 6 months
of hire; license fees paid by town
clean driving record, $1761-
$21.191t:r DOO. Must oomplete
application available online at
www.wlluaham-nta_gov dr in the 5e
fectmen's Office, 240'Springfield St.,
Wilbraham MA 01095. Deadline Friday,
March 9, 2018 at 4:30 pm. EEO
QUABBIN &SUBURBAN - FR1D4Y1
ALL ;rH1?EE ZONES
Name: Phone:
Address:
Town: State: Zip -
Number of Weeks; X per week rate = $ '
Credit Card: ❑ MasterCard ❑ VISA Q Discover a Cash U Check#
Card #: _ Exp. Date CVV
Amount ai charge', _ Date:
n
1al
First ZONE base price
,
Add a second ZONE $10-00
n�. n„ aoinv,
Add a third ZONE $15-00
ntrabb�n
Subtotal
x Number of Weeks
sobur4ao-
�7
TOTAL Enclosed
Hin^w^s
TRACTOR TRAILER MVERS
COL. A Change for the better- Steady
Workandyou'll get Home every day!
Grocery Haulers Inc. seeking reliable
Tractor Trailer drivers to transport fresh"
baked goods to regional distribution
centers.
Excellent Pay and Family benefits.
(MedlDenta W isionlLifelPension)
If you have a minimum of 5 years re-
cent tractor -trailer driving experience
and dean driving record you should
Consider a career with Grocery :Haul-
ers. Doubles Endorsement preferred.
Please complete On -Line Application
available at: www.drivewithghi:com or
for more irJormation, please call (toll
free) 066 411-24"
We are an Equal Opportunity Employer
COMMERCIAL
RENTALS
MARI&S SALON &
BOUTIQUE
Facial's, nails and cosmetics. Pri-
vate Massage area. Gift Shop,
Parking lot. Surveillance, Remod-
eled. Ready A open. 2m Slate
Street, Ludlow. 413-583.2517
MDOEs NOT
INCLUDE'HAIRSTYLINGIII
2 stations salon equipment for sale.
FOR RENT
EQUAL HOUSING
OPPORTUNITY
ALL REAL ESTATE advertised'
herein is subject to the Federal Fair
Housing Ad, whirl makes it illegal to
advertise "arty preference; limitation,
or discrimination because of race,
color, religion, sex, handicap, iamiliaf
status, or national origin, or intention to
make any such preference, limitation,
or discrimination" We wig not know-
ingly accept any a0mrfising for real
estate which is in violation of the taw.
All persons are hereby informed that
all dwellings advertised are available
on an equal opportunity basis.
J1111111111-
All real estate advertising in this.
newspaper is subject to the Federal
Fair Housing Act of 1966, which makes:
it-illegal`.to advertise any preference,
limitation or discrimination based on
race, color, religion, sex, handicap,
familial status (number of children and
or pregnancy), national origin, ancestry,
age, marital status, or aay intention to
make any such preference, limitation or
dsadmillation:
This newspaper will not knowingly accept
any advertising for real estate that is in
violation of the law. Our readers are hereby
informed that all dwellings advertising in
this newspaper are available an an equal
opportunity basis. To complain about
discrimination call The Department of
Housing and t&ban Development - HUD'
toll -free at1-80D-669ATIT Far the N.E.
areacall HINT at 617-565-5308. The toil
free number for the haaring imparred is
1-800-927-9275.
CHICOPEE/ FAIRVIEW 1 bedroom
duplex, wld hook-up, yard, parking,
storage. No smoking, No pets. $9001
mo, 1st, last, security. 413.575
9738`
SOUTH HADLEY 5 ROOM, 2nd
floor. Heat & HW included. No pets, No
smoking. 1st, tact, security. $FAO! mo
413-427-9414.
VACATION
RENTALS
WARM WEATHER IS Year pound
In Aruba, The water is safe, and the
dining is tarlta W, Walk out to the
beach. 3-Bedroom weeks available.
Sleeps'8. Email: carolactionOaol.com
.for more intormation.
Page 14
1 AGAWAM ADVERTISER NEWS I February 15, 2018
Public Notices
AGAWAM
CONSERVATION
COMMISSION
LEGAL AD
The Agawam
Conservation Commission
will bold a public hearing
on Thursday, February
22, 2018 at 6:00 PM at the
Agawam Publie Library, 750
Cooper Street, Agawam,
MA. The purpose of this
hearing will be to hear the
petition of Atlantic Design
Engineers, Inc. for 'work
to be performed at 311
Shoemaker Lane, subject to
the Massachusetts Wetlands
Protection Act.
By Order of
Henry A. Koxloski,
Chairman
Agawam Conservation
Commission
2115/18
Commonwealth of
Massachusetts
The Trial Court
Hampden Probate and
Family Court
50 State Street
Springfield, MA 01103`
(413)748-7758
Docket No. HD18P0185EA
Estate of:
William F Bennett
Date of Death: t2129/2017
CITATION ON
PETITION FOR
FORMAL
ADJUDICATION
To all interested persons:
A Petition for Formal
Probate of Will with
Appointment of Personal
Representative has been
filed by Brenda S Doherty..
of Springfield MA requesting
that .the Court enter a formal
from the Petitioner or at the
Court. You have a right to
object to this proceeding. To
do so; you or your attorney
must file a written appear-
ance and objection at this
Court before: 10:00 a,m. on
the return day of 03/02/2018.
This is NOT a hear-
ing date, but a deadline by
which you must file a written
appearance and objection if
you object to this proceed-
ing. If you fail to file a time-
ly written appearance and
objection followed by an
affidavit of objections within
thirty (30) days of the return
day, action may be taken
without further notice to you.
UNSUPERVISED
ADMINISTRATION
UNDER THE
MASSACHUSETTS-
UNIFORM `PROBATE
CODE (MUPC)
A Personal Represent-
ative appointed under the
MUPC in an unsupervised
administration is not required
to file an inventory or annu-
al accounts with the Court.
Persons interested in the
estate are entitled to notice
regarding the administration
directly from the Personal
Representativeandmay peti-
tion the Courtin any matter
relating to the estate, includ-
ing the distribution of assets.
and expenses of administra-
tion.
WITNESS, Hon.
Barbara M Hyland First
Justice of this Court.
Date: February 02, 2018
Suzanne T. Seguin
Register,of Probate
2/15118
.�, cree aod; Order and for
Con w%" of
such other icrlef as r*sted <-.
.
v.the Petitiatt
Tom,
The Petitioner requests
�HampftnProbate•an
that: Brenda ;S"Dolierty of ° '
F'ly=court
Springfield MA be appoint-
$0 State Street
ed as Personal Representa-
Springfield,;MA'01103
tive(s) of said ;estate to Server ,,
Docket No. HAISP91671'i1
Without Surety on the bond •:'
In the matter of
in an unsupervised admin- ° ;
Kathryn Burnell
istration.. "
_ Of, Agawam, MA
IMPORTANT NOTICE
Protected Person/
You have the right to
Disabled Person/
obtain a copy of the Petition
Respondent
r-A
CITATION GIVING
NOTICE OF
CONSERVATOR'S
ACCOUNT
To the named Respon-
dent and all other interest-
ed persons, you are hereby
notified pursuant to Rule 72
of the Supplemental Rules
of the :Probate & Family
Court, that the Second and
Final account(s) of Shirley
P Johnson of Austin, TX as
Conservator of the proper-
ty of said Respondent has or
have been presented to the
Court for allowance.
You have the right to
object to the account(s).
if you wish to do so; you
or your attorney must file
a written appearance and
objection at this court on
or before 10:00 a.m. on the
return date of ;:03105/2018.
This day is NOT a hearing
date, but a deadline date by
which you have to object to
the account(s). If you fail to
file the written appearance
and objection by the return
date, action may be taken in
this matter without further
notice to you, including the
allowance of the account(s).
Additionally, within thir-
ty days after said return day
(or within such other time as
the Court upon motion may
order), you must file a writ-
ten affidavit of objections
stating the specific facts and
grounds upon which each
objection is based and a copy
shall be served ;upon the
Conservator pursuant to Rule
3 of the Supplemental Rules
of the ;Probate & Family
Court:
You;have the right to send
to the :Qanservator, by regis-
tered at. eertified mail, a writ-
ten realest to receive a copy
of the aceount(s) at no cost
to you.
IMPORTANT NOTICE
The outcome of this pro-
ceeding may limit or <com-
pletely take away the above -
named person's right to make
decisions about personal
affairs or financial affairs or
both. The above -named per-
son 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,
Barbara M Hyland„ First
Justice of this Court.
Date: February 05, 2018
Suzanne T. Seguin
Register of Probate
2/15/18
Commonwealth of
Massachusetts
The Trial Court
Probate and Fancily Court
Hampden Division
50 State Street
Springfield, MA 01103
(413)748-8600
Docket No. HDISPOI84EA
Estate of: Albert R. Kann
Also Known As:
Albert Kann
Date of Death,
January 2,1018
INFORMAL PROBATE
PUBLICATION NOTICE
To all persons interested
in the above captioned est-
ate, by Petition of Petitioner
Judith M. Clini of Feeding
Hills MA
a Will has been admitted
to informal probate.
Judith M. Clini of
Feeding Hills MA has been
informally appointed as the
Personal Representative of
the estate to serve without
surety on the bond.
The estate is being admin-
istered under informal pro-
cedure by the Personal
Representative under the
Massachusetts Uniform Pro-
bate Code without super-
vision by the Court. Inven-
tory and, accounts are not
required to, be filed with the
Court, but interested parties
are entitled to notice regard-
ing the administration from
the Personal Representative
and can petition the Court
in any matter relating to the
estate, including distribu-
tion of ,assets and expenses
of administration. Interested
parties are entitled to petition
the Court to institute formal
proceedings and to obtain
orders terminating or restrict-
ing the powers of Personal
Representatives appointed
under informal procedure. A
copy of the Petition and Will,
if any, can be obtained from
the Petitioner.
2115/18
MA on Monday, February
Commonwealth of 26, 2018 at 6:30 Phf for
Massachusetts
all parties' interested in the
The Trial Court
application of Motion Auto
Probate and Family Court
Carriers LLC, for a Special
Hampden Division
Permit under Chapter 180-
50 State Street
55, Paragraphs B13 and B30
Springfield, MA 01103
of the flown of Agawam's
(413)748-8600
Zoning Ordinances, to allow
Docket No. HD18P0203EA
for operation of a truck-
. Estate of
ing terminal with a towing
THELMA S MATHER
and storage facility at the
Date of Death:
premises identified as 219
January 15, 2018
Shoemaker Lane.
INFORMAL PROBATE
Richard J. Maggi
PUBLICATION NOTICE
Vice Chair,
To all; persons interested
Zoning Board of Appeals
in the above captioned estate,
2/08, 2115118
by Petition of Petitioner
HYMAN G DARLING' of
Legal Notice
Springfield MA, a Will has
Town of Agawam
been admitted to informal'
Planning Board
probate_
The Agawam Planning
HYMAN G DARLING
Board will hold a pub -
of Springfield MA has been
lic hearing on Thursday,
informally appointed as the
March 1, 2018 at 6:00
Personal Representative of
PM at the Agawam Public
the estate to serve without
Library, 750 Cooper Street,
surety on the bond.
Agawam, MA. The .pur-
The estate is being admin-
pose of this hearing will
istered under informal pro-
be to hear the petition of
cedure by the Personal Rep-
Council President Johnson
resentative under the Mass-
and Councilor Rossi on
achusetts Uniform Probate
a proposed ordinance to
Code without supervision '
amend the Town of Agawam
by the.Court. Inventory and
Zoning Ordinances to add
accounts are not 'required to
solar energy systems. A
be filed with the Court, but
copy of the proposal can be
interested; parties are enti-
obtained from the Office of
tied to notice regarding the'
Planning and Community
administration from the
Development .between
Personal Representative
the hours of 8:30 AM and
and can petition the Court
4:30 PM in the Agawam
in any matter relating to the
Town Hall, 36 Main Street,
estate, including distribu-
Agawam, MA.
tion of assets and expenses
By Order Of
of administration. Interested
Mark R. Paleologopoulos
parties are entitled to petition
Chairman
the Court to institute formal
Agawam Planning Board
proceedings and to obtain
2/15, 2122/18
orders terminating or restrict-
ing the powers of Personal
Representatives appointed
under informal procedure. A
copy of the Petition and Will,
if any, can, be obtained from
the Petitioner.
2/15/18
AGAWAM
ZONING
BOARD OF APPEALS
LEGAL
ADVERTISEMENT
Notice is hereby given
that the Agawam Zoning
Board of Appeals will hold
a public hearing at the
Agawam Public Library
Community ]Zoom, 750
Cooper Street, Agawam,
Email all
notices to 2
notices@turley.com'
Access archives and
digital tear sheets by
newspaper title.
Find a quick link to the state of Massachusetts'
public notice web site to search all notices.in
Massachusetts newspapers.
Public notice deadlines are Mondays atnoon, Fridays noon for Monday holidays.
Commonwealth of
Massachusetts
The Trial Court
Hampden Probate and
Family Court
50 State Street
Springfield, MA"01103
(413)748-7758
Docket No. HDISCO017CA
In the matter of -
Tessa Elizabeth Suchenicz
Of. Agawam, MA
NOTICE OF PETITION
FOR CHANGE OF NAME
To all persons 'interested
in petition described:
A petition has been pre-
sented by Erin Elizabeth
Zaczynski on behalf of
Tessa Elizabeth Suchenicz
requesting that Tessa
Elizabeth Suchenicz be
allowed to change his/herl
their name as follows
Tessa Elizabeth Zaczynski
If you desire to object
thereto, you or your attor-
ney must file a written
appearance in said Court
at: Springfield on or before
ten o'clock in the morning
(10:00 a.m.) on: 03/07/2018
WITNESS, Hon.
Barbara M Hyland, First
Justice of this Court.
Date: February 7, 2018
Suzanne T. Seguin
Register of ;Probate
2/15/19
Please check
the accuracy of
your legal notice -
prior to submis-
sion (i.e., date,
time, spelling).
Also, be sure
the requested
publication date
coincides with
the purpose of the
notice, or as the
law demands.
Thank you.
February 22, 2018 1 AGAWAM ADVERTISER NEWS 1 Page 13
ADULT SERVICES LIBRARIAN
DIRECTOR OF VETERANS
TOWN OF WILBRAHAM
SERVICES
Plans and implements programs and
TOWN OF WILBRAHAM
events for adults; provides reference
Administers State and Federal Veter-
and adult reader's :advisory services,
ans Benefits to Wilbraham Veterans
assists patrons in the use of library
and their dependents. Meets with
systems; performs all duties of the
applicants, provides information;
circulation desk; Bachelor's degree in
completes applications, verities olrg!-
related field, Masters of Library Sci-
bilily ,and documentation, maintains
ence strongly preferred; 1 - 2 years of
confidentiality; organizes Town events
experience in library services, or any
including Memorial/Veterans: Day
equivalent combination of experience
commemorations; flagging of Veterans'
and education; $18.19/hour, 17..5
graves and town flag poles; $34,220 to
hours per week, some evening and
$40,358 DOO, 35 hrslwk; full benefits;
weekend hours required.; no benefits;
Must be an honorably discharged US
Employment Applications available on-
Military Veteran, must offer a combi-
line at www.wilbraham-ma.gov and in
nation of education and experience to
the Selectmen'sO€fice, 240 Springfield
possess the skills to provide human
St Wilbraham, MA 01095 Deadline is
service delivery to Veterans' and their
3/16/2016 at 4:30pm. EOE'
dependents; must attend a mandatory
state training and become certified as
Velerarrs Benefits and Service Officer
BASEBALL UMPIRE —
by MA Dep of Veteran Services with-
GRADES 3 AND 4
GRADES3 AND 4
in 6 months of appointment, Must be
OF
proficient in the use of online computer
The Town is seeking a Youth Recre-
applications, be able to develop and
ation Baseball Umpire to maintain
maintain a budget, and have excel -
game rules; works effectively with
tent communications skills. Subject to
coaches, staff and the public; must
CORI,
have working knowledge of base-
Employment Applications available on -
ball game rules and regulations; min
line at www.K41braharrma.gov and in
age 16; excellent communication
the Selectmens"Office, 240 Springfield
skills, ability to accept responsibility;
,St. Wilbraham, MA`01095.
physically able to run for a protracted
Deadline is 3/16/2018 at 4:30 p.m..
amount of time, training provided, sub-
EOE'
lectte CORI; $20 per game;
Employment Applications available
online at www.wilbraham-ma.gov and
in the Parks and Recreation Office at
45 Post Office Park, Wilbraham, 'MA
01095. Deadline is 3/1612018 at 4`:30
prr. EOE
FOSTER CARE.
You can help change
someone's life.
Provide a safe home for children
and teens who have been abused
or neglected. Now offering a
$1,000 Sign -On Bonus
Cali Devereux Therapeutic
Foster Care
413-734-2493
Classif led
14 WEEKLY NEWSPAPERS 1 SERVING 50 LOCAL COMMUNITIES
A TURLEY PUBLICATION 1 www.turley,com COMMUNITY MARKEfPLAGI • - - t 11 : t
SERVICES J SERVICES J SERVICES
HOME
IMPROVEMENT
CERAMIC TILE INSTALLATION
Kitchen, bath, foyers. Referenc-
es. Lie #086220. Please call Kevin
(978}3S54864.
BELREO HOME IMPROVEMENT
for all your exterior home improve-
merit needs. ROOFING, SIDING,
WINDOWS,, DOORS, DECKS & GUT-'
TERS..Extensive references available,
Fully Licensed & Insured in MA. & CT.
Call GARY DELCAMPG 413"569•
3733
HOME IMPROVEMENTS. RE•
MODELINO Kitchens, baths. Ceram-
ic tile, windows, painting, wallpapering,
textured ceilings, siding, additions. In-
surance wort(. Fully insured. Free esti-
mates. (413)246.2783 Ron.
INSTRUCTION
NEW YEAR
NEW CAREER::
TRUCK DRIVERS in
VERY HIGH DEMAND
A & B CDL CLASSES
(413)59241100
UNITED TRACTOR TRAILER
SCHOOL
Unitedodl.com
LANDSCAPING
A+ ROZELL'S
LANDSCAPING &
BOBCAT SERVICE
Got overgrown property?
Extreme Brush Cutting!
Shrub, Stump, Tree Removal
Lawn/Arborvite Installed
_ Maintenance- .
4134636 5957
MASONRY
ABC MASONRY & BASEMENT
WATERPROOFING All brick, block,
shone; concrete. Hatchway doors,
basement windows, chimneys rebuN &
repaired, foundations repaired, base-
ment waterproofing systems, sump
pumps. BBB+ rating. Free estimates.
Lic M4790. Call (413)SWIGI1,
(413)374.6377
PAINTING
FORBES & SONS PAINTING &
STAINING Since 1965. Interior/ Ex
terior. Call now. Free estimate. -Com-
mercial, Residential, new construction.
Affordable carpentry, plaster, drywall
restoration: Wallpaper removal. In-
sured: Owner operated. www.forbe-
sandsonspainting.com 413=887-
1987.
RETIRED GUY WILL paint an aver-
age size room for $200. Quality work.
References available: Dave 413.323-
6858.
PLUMBING
GREG LAFOUNTAIN PLUMBING
& HEATING Lie #19196 Repairs :&
Replacementoffixtures, water heater
installations, steam/HW boiler replace-
ment. Kitchen& Bath remodeling. 30
years experience. Fully ;insured. $10
Gift Card With Work Performed. Call
Greg (4131592.1505
LINC'S PLUMBING
LIC.#J27222
"New Year"
"New Projects
Call LINC'S
For Your Connection
(413)668.5299
ROOFING
EXPERIENCED ROOFER
WORKS alone, quality work, licensed.
Best prices for sheds, garages, and
ranches. (413)7M7924.
FREE ROOF INSPECTIONS. All
types of oofing; shingle, fiat and .
Cali Local Builders 1413I626.5295.
Complete roofing systems and repairs.
Fully licensed and insured. MA CS
#102453, CT Reg. 0615780, Lifetime
warranty. Senior Discount. 24 hour
service.Veterah Discounts
SKY -TECH ROOFING, INC. 40"
years experience. Commercial, res!-
dential. Insured. Shingles, single -ply
systems. Tad gravel. slate repairs. 24
hour Emergency Repairs: (4131348
9568, (413)2044841. (413IS36-
32TS'
ATEKS;TREE• Honest; quality tree
service. From pruning to house lot
clearing. Fully insured. Free estimates.
Firewood sales.1413I687-3220
DL &-G TREE SERVICE. Every-
thing from tree pruning, tree removal,
stump grinding, storm damage, lot
clearing and brush chipping. Honest
and Dependable. Fully insured. Now
offering a Senior Citizen and Veteran
discount. Call today for free estimate
(413)478.4212
N & H TREE SERVICE Fully in-
sured. 15; yrs experience climbing.
Call Dave for additional services. 413-
668-6560 day or night.
RETIRED RACING
GREYHOUNDS AVAILABLE
FOR ADOPTION
SPAVEDINEUTERED, WORMED,
SHOTS, HEARTWORMTESTED,
TEETH CLEANED
MAKE A FAST FRIEND!
GREYHOUND OPTIONS INC.
CALL MARY AT 413.586.3129
OR CLAIRE AT 413467•111M
OR GO TO
W W W.GREYHOUNDOPTIONS.
ONG
HORSEBACK RIDING LESSONS
offered year round at our state of the
art facility. beginner to advanced. Ages
4;years to adult. Boarding, sales and
Leasing also available. Convenientlo-
cation at Orlon Farm'in'South Hadley
(413I532-9753 www.oriontarm:iiet
L�
aaa>
Find a goad home or
adopt yor next pet hero!
PART-TIME HELP WANTED in po-
dia" office. Must be fluent in English
and Portuguese. Medical and comput-
er training helpful but willing ;to train.
Employment applications available at
77 Windsor St., Suite 204, Ludlow, MA.
We are an equal opportunity employer.
(413)589.7287
SMALL LOCAL GLASS shop seek-
ing experienced commercial glazing
estimator or experienced glazer took-
ing to branch into estimating and proj-
ect management. Call Yankee Glass
413-532-0515.
SUBSTITUTES NEEDED The
Hampden -Wilbraham Regional School.
District is currently accepting applica-
tions for substitute teachers and sub-
stitute paraprufessionals. Please ap-
ply an School Spring httpJltinyurl.coml
pgkhxsn or try downloading an applica-
tion from our website www.hwtsd.org
and mailing to Noel Pixley, Thornton W.
Burgess Middle School, 65 VYrlbraham
Rd., Hampden, MA 01036.
VALLEY AREA TRANsir
COMPANY NORTHAMPTON
BUS MECHANICS- 2ND SHIFT
Valley Area Transit to hiring experi-
enced mechanics for second shift. A
CDL class A or B is strongly preferred,
but will consider assisting the right
candidate with obtaining COL with-
in first three months. Start at $19.451
hour with e)oallent benefits. High-
er earning potential after 3 months
depending on experience: Review
detailed job descriptions and require -
merits -under' Careers at www.pvta:
coma Send cover letter and resume
on our website or mail to: SATr;W
VATCo, Attu: HR Dept. 2840 Main
Street, Springfield, MA 01107. EEO/DF
WASTE WATER SERVICE
TECHNICIAN
TOWN OF WILBRAHAM
The Town is seeking a reliable & ca-
pable employee to perform installation;
maintenance & repair of all compo-
nents of the Towns Waste Water Sys-
tem, including pipes, pumps, valves,
& connections, and related property
maintenance; Requires HSIGED; must
have or obtain within 6 months Com-
mercial Drivers License Class B with
airbrake and tanker endorsement,
Hoisting Engineer' License Class 1B,
2B & 4E, and Grade 2 Wastewater
Collection System Operator's Cert#Ica
lion. Waste water, pipe laying or heavy
equipment operation experience highly
desirable; Subject to CORI; DOT drug
testing with CDL; $1&68 to $22.57 per
hour, 40 hours per week, some over-
time required;; union position, good
benefits, professional work erMron-
ment;
Employment Applications available
online at www.wilbfaham-ma.gov and
in the office, 240 Springfield$1. Wilbra-
ham, MA 01095. Deadline is 3/1612018
at 4:30 pm. EOE
BUSINESS
OPPORTUNITIES
ONCE IN A LIFETIME Business
Opportunity. Authentic Venetian Gon-
dolas and Pedal Boat Met, Charles
Rivera Boston. Turnkey, Training;
Profitable. Bostorlgondolas.com/Bos.
tonpedalboat&com details. Joseph
617-460.1239.
REAL ESTATE
.lay
EQUAL HOUSING
OPPORTUNITY
ALL REAL ESTATE advertised
herein rs subject to the Federal Fair -
Housing Act, which makes a illegal to
advertise "any preference; limitation,
or discrimination because of race,
color, religion; sex; handicap, familial
status, or national origin, or: intention to
make any such preference, limitation,
or discrimination" We will not know-
ingly accept any advertising for teal
estate which is in violation of the law.
All persons are hereby informed that
all dwellings advertised are available
on an equal opportunity basis.:
LUDLOW 181 :STATE ST. 3 BR
apt., stove & fridge. No Pets, WM
hook-up$9501 Mo. First, Last, Security
(413)3154MW
SOUTH HADLEY 5 R+ 0M. 2nd
floor. Heat & HW included. No pets, No
smoking. 1st, last, security. $B001 mo
413-427.9414.
VACATION
RENTALS
WARM WEATHER IS Year Round
In Aruba. The water is sale, and the
dining is fantastic- Walk out to the
beach. 3-Bedroom weeks available.
Sleeps a Email: carolacbon*aol.com
for more information.
Ali real estate advertising in this 1
newspaper is subject to the federal
Fair Housing Act of 1968, which makes
itillegalto advertise any preference,
limitation or discrimination based on
race, color, rellgiert, sex, Handicap,
familial status (number of children and
or pregnancyl, natidpal origin, ancestry,
age, marital status, or any intention to
make any such preference, limitation or
tlisaimination.
This newspaper will not knowingly accept
any advertising for real estate Niat is in
violation of the law. Our readers are hereby
infamted that all dwellings advertising in
ft newspapa- are avagaw on equal
opportunity' basis. To complain about
diterimination Call The Department of
Housing and Urban Development " HUD"
toll -free at t-B00-669-9777. For the N.E.
area. cal IUD at 617-565.5308. The toll
free number for the hearing impaired is
1-800-927-9275. '
Page 14 1, . AGAWAM ADVERTISER. NEWS
I February 22, 2018.
OUR CALFNDAR SECTION is intended to pro-
mote free events, or those that directly affect
a volunteer -driven organization, Paid events
that are not deemed benefits do not qualify.
Non -charitable events that charge the public for
profit are not allowed as we consider that paid
advertising. The deadline to submit calendar
Items is Monday at noon. Send to the Agawam
Advertiser News at aangturley.com, fax to 413
786-8457, or maul to Turley Publications, 24
Water St., Palmer, MA 01069. We usually print'
at least one week prior to an event. The listings
should be brief with only time, date, location, ac-
tivity explanation, and contactinformation.
Friday, Feb. 23
AGAWAM KNIGHTS OF COLUMBUS BAKED FISH
DINNER from 5 to 7 p.m. at the Sacred Heart
Parish Center, 1061 Springfield St., Feeding
Hills. Take-outs available. $10 per person. For
more information, call 4130789-0540 or 413-
363-0347,
THE SPRINGFIELD SPORTSMEN'S SHOW,today
through Sunday in the Better Living Center and
Stroh Building on the grounds of the Big E,1305
Memorial Ave., West Springfield. For times and
admission, visit osegsportsmensxom.
A LENTEN LUNCHEON will be served in Ashbury
Hall at Trinity United Methodistt Church, 361
Sumner Ave., ;Springfield from 11:30 a.m. to
1:15 p.m, Chapel services will take place from
12:30 to 1 p.m. in Grace Chapel. Take-out lundi
available by calling ahead at 413-221- 5399.
There is a 50 cent packaging charge per takeout.
Saturday, Feb. 24
'IT'S WEST SPRINGFIELD" WINTERFFST in
downtown West Springfield starting at 9 a.m.
at the West Springfield public Library, followed
by events for the whole family at the Majestic
Theaterand the American Legion Post, Formoie
information, contact It's West Springfield's at its
westspringfieldfgmail.com or 413-279-4567.
THE NORTHEAST REENACTORS FAIR today from
9 a.m to 4 p.m. and tomorrow from 9 a.m. to
3 p.m. in the Mallary Arena on the grounds of
the Big E,1305 Memorial Ave. West Springfield.
$10 admission.
Monday, Feb. 26
"CELEBRITY NIGHT" WITH THE SPRINGFIELD
THUNDERBIRDS hosted by the Agawam Li-
ons Club at Kaptain Jimmy's, 916 Suffield St.,
Agawam from 4 to 9 p.m. Free and open to the
public. Family -friendly event.'' '
Tuesday, Feb: 27
A PERFORMANCE BY SHAKESPEARE & CO.
from Lenox of an edited version of William
Shakespeare's "A Midsummer Night's Dream"
sponsored by fhe Agawam Cultural Council will
take place at Agawam High School, 760 Coo-
per St., Agawam. Free admission. Reservations
required by calling Tina Dunham at 413-783-
0502, or email tinamariel54@yahoo.com.
Doors open to the public at 8:45 a.m., curtain is
at 9:10 a.m..,P:Mft aivailableinthelowerlotof
the high:school.
Fey, MXch2
AGAWAM KNIGHTS OF COLUMBUS BALD FISH
DINNER from 5.to 7 p.m. at;the Sacred Heart
Parish Center, 1061 Springfield St., Feeding
Hills. Take-outs available. $'EO per person. For
more information, call 41307 9-0540 or 413-
363-0347.
THE AGAWAM CULTURAL 63f1KlL'1S ILPPL'A'WE
SERIES continues when Banish MlSt. mh6 pros-
ents an evening of tradition ' Irishsona at 7 P.M.
at the Agawam Senior Center, 954 ]lafn;St., Aga-
wam. Free and open to the public.
A LENTEN LUNMN wtl be:served irrAshbury
Hall at Trinity United Method!WChtirch, 361'
Sumner Ave., Springfield from 11 30 a.m. to
1:15 p.m. Chapel services will Vike;pbce from
12:30 to 1 p.m. in Grace Chapel, Take-out lunch
available by 'calling ahead of 413-221- 5399.
Agawam Senior Center
Lunch Menu
Monday, Feb. 26: Cheese ravioli with meat
sauce, Caesar salad, oranges, -
Tuesday, Feb. 27: Roast pork with gravy,
roasted potatoes, green beans, pudding.
Wednesday, Feb. 28: Chicken stir fry, stir
fry vegetables; brown rice, peaches.
Thum clay, March 1: Garden salad topped
with roast turkey, tomatoes, cucumbers,
cheese and egg; baked good.
Friday, March 2: Tomato soup, tuna salad
sandwich, cucumber dill salad, pears.
Calendar of wants
Monday, Feb. 26, 8:15`a.m., weight train-
ing, yoga; 9:45 a.m., line dancing; 1130
a.m, Gentle "Yoga; 1 p.m., writing group,
Bingo; 5:30 p.m., Zumba; 6 p.m:,. financial
seminar with John Doe.
Tuesday, Feb. 27: 9 a.m., sewing class,
open knitting group, exercise class with
Sue Woods from YMCA; 9:45 a.m., exercise
There is a 50 cent packaging charge per takeout.
Saturday, March 3
COMEDY SHOW to benefit Massachusetts U-
ons Eye Research Fund Inc:, at Oak Ridge Goff
Club, South Westfield Street, Feeding Hills:
Doors open at 6 p.m. the show begins at 7.
Performers include Mark Scalia, E.J. Edmonds
and Kyron Hobdy. Tickets are $20 per person, in
advance from any Agawam Lions Club member
or at the door, For more information; call Lions
Club Secretary Dick Lanier at413-335-5434.
Sunday, March 4
ANNUAL SHAMROCK CELEBRATION at St.
Mary's Parish 519 Longmeadow St Lang -
class with Sue Woods from YMCA, noon,
ladies only billiards, canasta; 12:30 p.m.,
movie (`Going in Style"), mah jongg; l p;m.,
Mexican "Train Game; 4:30 p.m, yoga with
Loretta; 6 p.m.,'beginner line dance.
Wednesday, Feb. 28: 8:15 a.m., weight
training, yoga; 9 a.m., coffee with Mike;
9:45 am., Gentle Yoga; 11:15 a.m., taf
chi; 12:30 p.m., bridge; 1' p.m., ballroom
lessons, Scrabble; 1:30 p.m., Golden Agers
Chapter 1 meeting; 5:30 p.m., Zumba Gold.
ilursdft March 1: Free taut prep by AARP
Oy appointment any); 9 a.m., exercise class
with Sue Woods from YMCA; 9:30 a.m., quilt-
ing; 10 a.m., line danpng;1215 p. m., Bridge;
12:30 p.m., Mexican Train Game; 1 p.m.
pitch, open arl; 2 p.m., Moo Band practice;
4 p.m., yoga with Loretta; 6:30 p. m., pitch.
Friday, March 2: 8:15 yoga; 9,15 a.m.,
Let'sTaird;10 a.m., absolute beginner line
dance; noon, canasta; 1 p.m., pitch, crib-
bage; 4 p.m., card games.
at 7 p.m. at.Miltineague Congregational Church,
1840 Westfield `St., West Springfield. A special
coin topic will be presented and discussed, Re-
freshments available. Guests welcome. For more
information, call Peter Setian at.413-596-9871.
Wednesday, March 14
THE ELM-BELCHER MASONIC LODGE, 53 River
St:, Agawam offers an all -you -can -eat spaghetti
supper at a cost of $8 for adults, $4 for children.
The public is welcome.
Sunday, March 18
DAN KANE SINGERS CONCERT from 3 to 5 p.m. at
the Episcopal Church of the Atonement, 36 Court
St., Westfield, to benefit "Music at the Westfield
Farmers' Market."Tickets are $10 at the door.
ONGOING
AGAWAM UNITED METHODIST CHURCH, 459
Mill St., Agawam; offers a free "Crochet Club"
the first and third Tuesday of Bach month from
6:30 to 8 p.m. All are invited to pin, including
men and women and beginners to experienced
crwheters, Drop -ins welcome, Hooks and yam
available a needed. For more information, call
413-786-7991.
THE AGAWAM ST.PATRICK'COMMITTEE meets
the second Wednesday of each month. Septem-
ber through June, at 6:30 p.m. in the Peirce Con-
ference Room at the Agawam Public Library, 750
Cooper St. For information on how to join, call
Vera Conway at 413-786-3247 or email Rose-
mary Sandiin at rosemarysandlin@gmail.com.
ADULT DROPIN SIT & KNIT meets at the Aga-
wam Public Library at 750 Cooper St. Tuesdays
from 1-3 p.m. Bring your sticks and join other
knitters for creative time. No registration is re-
quired,
meadow from-12:30 to 3:30 p,m. will include GRANDPARENT'S PLAYGROUP Wednesdays
Irish soup and soda bread, drink and dessert.
Entertainment by Irish dancers, and Irishman 9:30 a.m. to 11 a.m., at St. David's Church,
Jimmy McArdle and his band. All are welcome. 699 Springfield Si., Feeding Hills. This free in -
For more information, call the parish office at fant and toddler playgroup features music and
413-567-3124. movement, fostering children's interactions and
sharing skills. Open to all grandparents and their
Monday, March 5 grandchildren. Follows school schedule.
THE ALLEN BIRD CLUB slide program Presented
by Noonan Smith will take place following s short MOM 2 MOM lakes place the second Tuesday of
business meeting at 7 30 p.m. in the Tolman Wing every month October through' June, 9:30 to 11
of the Springfield Science Museum, 21 Edwards a.m. at Agawam Congregational Church, 745
St. All are invited. Refreshments will he served. Main St. A round -table discussion hosted by a
local veteran" mom, this is a great way to have
Friday, March 9
AGAWAM KNIGHTS OF COLUMBUS BAKED FISH
DINNER from 5 to 7 p.m, at the Sacred Heart
Parish Center, 1061 Spdngfield St., 'Feeding
Hills. Take-outs available, $10 per person. For
more information, call 4130789-0540 or 413-
363-0347.-
Sunday, March 11
THE WEST SPRINGFIELD COIN CLUB will meet
further conversation on recent cafe themes and
parent education events, celebrate parenting
and receive encouragement for the trials.
THE WESTFIELD WOMAN'S CLUB's clubhouse
is available for rentals for wedding receptions,
NOW showers, baby showers, graduation cel-
ebrations, and birthday and anniversary parties
by the hour or the.day. For more information, call
Lilian at 413-568-2916.
ILAIEWE
Pu,,BLIc NOT-ICE.S
ARE NOW ONLINE
Email all Accessarchives and Find a quick link to the state of Massachusetts'
notices to 2 digital tear sheets by 3 public notice web site to search all notices in
notices@turley.com newspaper title. (Massachusetts newspapers.
Public notice deadlines are Mondays at moat, Fridays noon for Monday -holidays.
Public Notices
Commonwealth of
Massachusetts
The Trial Court
Hampden Probate and
Family Court
50 State Street
Springfield, MA-01103
(413)748-7758
Docket No. HD18P0256EA
Estate of:
Marguerite L. Barry
Also known as
Marguerite Barry
Date of Death:11/29/2017
CITATION ON
PETITION FOR
FORMAL
ADJUDICATION
To all interested. persons:
A Petition for Formal
Appointment of Personal
Representative has been
filed by William J. Barry,
Jr.;ofHampden MA request-
ing that the Court enter' a
formal Decree and Order
and for such other relief as
requested in the Petition.
The Petitioner requests
that: William J. Barry, Jr.
of Hampden MA be appoint-
ed as Personal Representa-
tive(s) of said estate to serve
Without Surety on the bond
in an unsupervised. admin-
istration.
04PORTANT NOTICE
You have the right to
obtain a copy of the Petition
from the Petitioner or at
the Court. You have a right
to object to this proceed-
ing. To do so, you or your
attorney must file a written
appearance and objection
at this Court before: 10.00
a.m. on the return day of
03/13/2018.
This is NOT a hear-
ing date, but a deadline by
which you must file a written
appearance and objection if
you object to this proceed-
ing. If you fail to file a time-
ly written appearance and
objection followed by an
affidavit of objections within
thirty (30) days of the return
day, action may be taken
without further notice to you.
UNSUPERVISED
ADMINISTRATION
UNDER,THE
MASSACHUSETTS
UNIFORM PROBATE
CODE (MUPC)
A Personal Represent-
ative appointed under the
MUPC in an unsupervised
administration is not required
to file an inventory or annu-
al accounts with the. Court.
Personsinterestedin the
estate are entitled to notice
regarding the administration
directly from the Personal
Representative and may peti-
tion the Court in any ,matter
relating to the estate, includ-
ing the distribution of assets
and: expenses of administra-
tion.
WIT'NESS,, Hon.
Barbara M Hyland, First
justice of this Court.
Date: February 13, 2018'
Suzanne Seguin
Register of Probate
2/22118
AGAWAM ZONING
BOARD OF APPEALS
1. LEGAL
ADVERTISEMENT
Notice is.hereby given
that the Agawam Zoning
t3oard of Appeals will hold
a public hearing at the
Agawam Public Library
Community Room, 750
Cooper Street, Agawam, MA
on Monday, March 12, 2018
at 6:30 PM for all parties
interested in the application
of Antonios & Efthimios
Risos, who are seeking -a
Special Permit from Chapter
180-44, Paragraph H of the
Town of Agawam's-Zoning
Ordinances, to allow for a
restaurant drive-througb ser-
vice window at the premis-
es identified as 916 Suffield
Street.
Doreen A. Prouty
Chairpersop
Agawam
Zoning Board of Appeals
2/22,_3/01118
Commonwealth of
Massachusetts
The Trial Court
Probate and FanilyCourt
Hampden Division
so state street
Springfield, MA 01103
(413)748-8600
Docket No. HD18PO261EA
Estate of
Philip L. Scoville
Date of Death
September 21, 2017
INFORMAL PROBATE
PUBLICATION NOTICE
To all persons inter-
ested in the above cap-
tioned estate, by Petition of
Petitioner Shirley B. Scoville
of Agawam MA, a Will has
been admitted to informal
probate-
Shirley B. Scoville of
Agawam MA has been
informally appointed as the
Personal Representative of
the estate to serve without
surety on the bond.
The estate is being admin-
istered. under infonnal'pro-
cedure by the Personal Rep-
resentative under the Mass-
achusetts Uniform Probate
Code without supervision
by the Court. Inventory and
accounts are not ,required to
be filed with the Court, but
interested parties are enti-
tled to notice regarding the
administration from the
Personal Representative
and can petition the Court
in any matter relating to the
estate, including distribu-
tion of assets and expenses
of administration. Interested
parties are entitled to petition
the Court to institute formal
proceedings and to obtain
orders terminating or restrict-
ing the powers of Personal
Representatives appointed
under informal procedure. A
copy of the Petition and Will,
if any, can be obtained from
the Petitioner.
2/22/18
Legal Notice
Town of Agawam
Planning Board
The Agawam Planning
Board will hold a pub-
lic hearing on Thursday, ,.
March 1, 2018 at 6:00
PM at the Agawam Public
Library, 750 Cooper Street,
Agawam, MA. The pur-
pose rif this hearing will
be to hear the petition of
Council President Johnson
and Councilor Rossi on
a proposed ordinance to
amend the Town of Agawam
Zoning Ordinances' to add
solar energy systems. A
copy of the proposal can be
obtained from the Office of
Planning and Community
Development between
the hours of 8:30 All and
4:30 PM in the Agawam
Town Nall, 36 Main Street,
Agawam, MA.
By Order 'Of -
Mark R. ]?Weologopoules
Chairman
Agawam Planning Board
2/15, 2/22/18
Town of Agawam
Planning Board
36 Main Street, Agawam, Massachusetts 010011801
Tel. 413,726.9737 Fax 413.786-9927
March 5, 2018
Christopher C. Johnson„ President
Cecilia P. Calabrese, Vice President
George Bitzas
Paul C. Cavallo
Gina M. Letellier
Robert A. Magovern
Dino R. Mereadante
Joseph Mineo
Robert E. Rossi
Rosemary Sandlin
Anthony R. Suffriti
Agawam City Council
36-Main Street
Agawam, ,Massachusetts 01001
Dear Councilors:
At its duly called meeting held on March 1, 2018, the Agawam Planning Board voted 5-0 to send
a positive recommendation to the City Council regarding TOR-2017-13, an ordinance to amend
the Code of the Town of Agawam Zoning Ordinances to add solar energy systems (sponsored by
Councilors Johnson and Rossi, revised February 21, 2018) and recommends the attached
comments from the Planning Board be addressed.
If you have any questions, please contact this office at 413-786-0400 extension 8245.
Sincerely,
AP
Mark R. Paleologopoulos, Chairman
Agawam Planning Board
cc; VY4c, Building Inspector, Law Department, Mayor, Town Clerk
Town
Planning Board Comments & Questions
Solar energy system height: the ordinance currently defers to the existing height limitations in
the relevant zones according to chapter 180 of the municipal code. However, we recommend
limiting the height to a maximum of 15 feet.
• Page 2, Sec. 180-49(6): Last sentence —"Where necessary, screening shall be required to
address glare."
Page 3, Sec. 180-151: What is the reasoning behind exempting Town -owned land?
• For Large scale solar energy system installations in Agricultural zones, which require a special
permit, what is the process? Will it mimic the ZBA special; permitting process where an
application for the special permit and our Form D are filed at the same time and then the City
Council hears the case only after Planning Board has approved the site plan and Con Comm has
completed their process, if applicable?
Page 4, Sec. 180-152(c)(3): What does "Adequate and appropriate facilities will be provided for
the proper operation of the proposed use" mean?'
• Page 3, Sec. 180-150; Page 4, Sec. 180-153; Page 6, Sec. 180-155(c): "Fencing" should be
included in the lists.
• Page 4, Sec. 180-153(a)(iii): Add "stormwater controls"
• Page 5, Sec. 180-153(c): "Description of financial surety consistent with section 180-158 of this
ordinance; and"
• Page 6, Sec. 180-155(b) What is the maximum lot coverage in industrial zones?
• Page;8, Sec. 180-156(g):. Emergency :.contact ,:information should 'beupdated atleast .:annually.
.
e CHART:
o What qualifies as a "principal use" or an "accessory use?" We should define those terms
in the definitions section (180-147)
o The chart seems to indicate that site plan review is only required for medium scale solar
energy systems. At the very least, the chart needs to be changed to indicate`"SPR for
large scale solar energy systems in Industrial A & Band "SP/SPR" for large scale solar
energy systems in Agricultural. But what about site plan review for building integrated
solar energy systems?
I
Amanda Boissonneault
From: paleologopoulos, Mark<MPaleologopoulos@baycarehealth.org>
Sent: Wednesday, February 28,'2018 9:45 AM
To: Marc Strange; Charles Elfman; Mario Tedeschi; Nick Pandolfi; Violet Baldwin
Cc: Amanda Boissonneault
Subject: RE: Solar Energy Systems Ordinance Comments
Nice job
From: Marc Strange [mailto:MStrange@agawam.ma.us]
Sent: Wednesday, February 28, 2018 9:21 AM
To: Charles Elfman <charleselfman@gmail.com>; Mario Tedeschi<mariot @aIliedfloorinsandpaintt.com>
Paleologo poulos, Mark<MPaleologopoulos_Ca)baycarehealth.org>; Nick Pandolfi <pandoifi.l.c@gmaif:com>; Violet
Baldwin <eden214@aol.com>
Cc: Amanda Boissonneault <ABoissonneaul# a awam.ma.us>; Marc Strange <MStranpe@agawam.ma.us>
Subject: Solar Energy Systems Ordinance Comments
EXTERNAL EMAIL
Good morning, everyone.
Vi'came into the office this °week and we wentthrough the solar ordinance. Here are our comments. Please let me know
if you have anything to add before tomorrow night and we cancompilethem. I've attached a copy of the proposed
ordinance for ease of reference.
• Does the definition for "Solar Energy System, Building -integrated" cover carports like they have at Smith &
Wesson in Springfield and that have been proposed by Six Flags New England for their parking lot?
• Page 2, Sec. 180-49(6): Last sentence —"Where necessary, screening may shall be required to address glare.
Page 3, Sec. 180-151: What is the reasoning behind exempting Town -owned land?
c� For Large scale solar energy system installations in Agricultural zones, which require -a special permit, what is the
process? Will it mimic the ZBA special permitting process where an application for the special permit and our
Form D are filed at the same time and then ZBA hears the case only after Planning Board has approved the site
plan and Con Comm has completed their process, if applicable?
• Page 4, Sec. 180-152(c)(3): What does"Adequate and appropriate facilities will be provided for the proper
operation of the proposed use" mean?
Page 3, Sec. 180-150; Page 4,- Sec. 180-153; Page 6, Sec. 180-155(c): "Fencing" should be included in the lists.
• Page 4, Sec. 180-153(a)(iii): Add "stormwater controls
• Page 5, Sec. 180-153(c) "Description of financial surety consistent with section 180-158 of this ordinance; and
o Page 6, Sec. 180-155(b): What is the maximum lot coverage in industrial zones?
10 • Page 8, Sec. 180-156(g): Emergency contact information should be updated at least annually.
• CHART:
o We should define "Principal Use" and "Accessory Use" in the Definitions section (180-147)
o The chart seems to indicate that site plan review is only required for medium scale solar energy systems.
At the very least, the chart needs to be changed to indicate "SPR" for large scale solar energy systems in
industrial A & B and "SP/SPR"for large scale solar energy systems in Agricultural. But what about site
plan review for building integrated solar energy systems?
Marc A. Strange, Director
Planning & Development
Town of Agawam
36 Main Street
Agawam, MA01001
(413) 726-9738
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0
Town of Agawam
Zoning Board of Appeals
36 Main Street, Agawam, Massachusetts 01001.1801
Tel. 413.726.9739 Fax 413-786.9927
February 22, 2018
Agawam Planning Board
Agawam Town Hall
36 Main Street
Agawam, Massachusetts 01001
Dear Chairman Mark Paleologopoulos and Planning Board Members,
Once again you have a proposed solar ordinance before you. As a whole, I find this version to be
a significant improvement over past submissions. I have attached my concerns and comments for
your consideration. Most notable regards which town entity would be the special permit granting
authority.
Thank you for your time and consideration in allowing me to voicemy opinions.
Sincerely,
Doreen A. Prouty
Chairperson, Zoning Board of Appeals
DAP/amb
cc: City Council
Mayor William Sapelli
RECEIVED
FEB 2 2 2018
AGAWAM
PLANNING BOARD
TOR-2017-13
PROPOSED SOLAR ORDINANCE COMMENTS
180-146 PURPOSE
• Fine as is.
180-147 DEFINITIONS
• Why is 'term "Photovoltaic System" being defined? There are different types of solar
collecting arrays currently existing, such as solar thermal systems. Why not have the
definitions for these also? Modern day solar systems currently being installed are usually
photovoltaic but that may change in the future.
• "Solar Energy System, Off -Grid" is photovoltaic solar energy system the only type that
is off grid?
180-148 Solar Energy ;Systems
• Fine as is
180-149 SOLAR ENERGY SYSTEMS, BUILDING -INTEGRATED, ROOF -MOUNTED AND
SMALL SCALE
• #3: Why no more than eighty percent of total roof area? Does it make a difference-
structurally if entire roof area is covered with panels?
• In regards to small and medium scale ground mounted solar energy systems, language
should be added to encourage owner to locate system in rear or side yard. Front yard
location cannot be outright prohibited but ordinance can reasonably regulate and could
put the burden on the property owner to prove front yard is the only possible solution. For
example: All small and/or medium ground mounted solar systems must be installed either
in rear yard or side yard to the extent possible.
180-150 SOLAR ENERGY SYSTEM, MEDIUM SCALE
Fine as is
180-151 SOLAR ENERGY SYSTEM, LARGE SCALE
• Last sentence: why exempt the Town of Agawam from provisions of this ordinance? No
matter who owns the property, the possible negative impacts will be the same.
• Local governments are not immune from their own zoning, unless such government
chooses to specifically do so. Chapter 180, ZONING, Town of 'Agawam already allows
for town buildings to be located in any zoning district, either by stated exemption or as of
right. Town buildings currently must still meet all dimensional zoning regulations such as
setbacks, sidebars, etc., as does anyone else. Why would this be different for solar?
180-152 GENERAL REQUIREMENTS FOR LARGE SCALE SOLAR ENERGY SYSTEM
INSTALLATIONS
• (C) SPECIAL PERMIT"
Requiring a special permit for large scale ground mounted solar energy
systems located in an agricultural zoning district is the best way to ensure such
facilities will have the least possible negative impacts on the surrounding
neighborhood. Each location for a proposed large scale facility will pose unique
TOR-2017-13
PROPOSED SOLAR ORDINANCE COMMENTS
challenges to blend in with the character of the area. The use of a special permit will
allow some; regulation to help shape such a facility.
However, using the special permit, with regards to crafting a solar ordinance
as a way to regulate these facilities, has been an area of contention in the past.
Previously, the Special Permit Granting Authority (SPGA)would have been the
Zoning Board of Appeals (ZBA). Arguments from several city counselors against
requiring a special permit included concerns that the special permit decision could be
influenced by an individual's personal/political motives, and, as such, could be
arbitrary. Would these concerns go away, or maybe actually intensify, if the City
Council were to become the SPGA entity with regards to solar?
The Town of Agawam's Zoning Ordinances, under Chapter 180-2(C),
specifically authorizes that the "SPECIAL PERMIT GRANTING AUTHORITY" is
"the Board of Appeals of the Town of Agawam". This assignment of authority dates
back to 1945. Does the City Council have the authority to disregard Agawam's own
by-law and act otherwise by appointing themselves as the SPGA? And if so, what
expertise is possessed by the city councilors to being more qualified and objective in
the area of special permitting in zoning than the ZBA? Will the City Council be
familiar and experienced enough with the process and legalities to ensure a sound
decision and act within the various specified time constraints?
The decision to grant/deny a special permit is a complicated and thorough
process. Modern technology is developing in ways never imagined in the past. Ways
to utilize land is becoming more creative and, as such, presents new interpretations of
zoning laws. The SPGA must be familiar with all existing and evolving local, state
and federal regulations in making a decision. There are very specific time constraints
that must be adhered to, such as: setting up the case, notification requirements,
advertisement, hearings, meetings, decisions, appeal period, along with conditions
attached to the decision. A decision must be based upon the facts presented, clearly
documented to ensure objectivity and protect Agawam's legal obligations. To transfer
this process to another entity with little knowledge or experience in the area of zoning.
is not in the best interest of the Town of Agawam.
• The required criteria needed to consider in the granting of a_special permit is fine. I
am especially glad to see the fourth criteria regarding effects of lighting; etc...
Trying to regulate aesthetics is generally frowned upon and must be carefully done.
This sentence gets somewhat specific but also allows for some "wiggle room".
• d. BUILDING PERMIT should not be the City Council, should betheZoning Board
of Appeals
180-153 SITE PLAN REVIEW
• Fine as is.
180-154 SITE CONTROL, OPERATION AND MAINTENANCE PLAN, AND UTILITY
NOTIFICATION
• Fine as is.
TOR-2017-1'3
PROPOSED SOLAR ORDINANCE COMMENTS
180-155 DIMENSION AND DENSITY REQUIREMENTS
• b. lot coverage: maybe should add wording that is in the Industrial zoning ;districts.
180-156 DESIGN, SAFETY AND' ENVIRONMENTAL STANDARDS
• Fine as is
o (k) I did some research and 10 decibels seems to be very reasonable.
180-157 MONITORING AND MAINTENANCE
• Just wondering again why the term Solar "Photovoltaic" is being used instead of the
all -encompassing "solar energy
0
AGAWAM CITY COUNCIL
36 NA iklN SCREE"r
AGAWAM,.MASSACIR SETTS 0100 i
413=72G-97 t U Ot#ice 413-726-9717 i-as ro,m.utuxurn.rna._tis
COUNCIL PRESIDENT Chr- nopho C Johnson COUNCIL VICE PRESIDENT Cecilia P. Calabrese
C:OUNC'I1:011S
George Buni'v Pau/C. Cdovullu -- Gino Al_ C.elellivr - Rober, A. Magov(,-rr - Oino R. Merradame-
Joseph Alioeo - Roirrri E Re)v� i -- Rovrr arY Soodlin - Anihfn.-Y k Sti(Ji-di
ADNMINISTR4TIVEASSISTANT— Qurbur•u 4 Bard Mont-,.?
February b, 2018
Agawam Planning Board
Town Hall
36 Main Street
Agawam, MA. 0100°I
Re: TOR-2017-13
Dear Members of the Agawam Planning Board:
The Agawam City Council has referred the following item to the Planning Board for your
recommendation and spublic hearing:
• TOR-2017-13 An Ordinance to amend the Code of the Town of Agawam
Zoning Ordinances to add solar energy systems (Sponsored by Councilors
Johnson and Rossi)
Please note that the City Council has set their Public Hearing for March 19, 2018. If you
have any questions, please do not hesitate to contact me.
Sincerely,
0"*Wa� 15W'-�
Christopher C. Johnson, Pre i r1t
Agawam City Council
CCJIbb
cc: Full Council
Mayor'
Solicitor
Planning
1-1
u
Amanda Boissonneault
From:
Barbara Bard
Sent:
Wednesday, February 21, 2018 1 27 PM
To:
Pamela Kerr, Amanda Boissonneault; Marc Strange
Cc:
Mayor William Sapelli; Stephen Buoniconti; Anthony Suffriti; Anthony Suffriti; Cecilia
Calabrese; Christopher C. Johnson; Christopher C. Johnson; Dino Mercadante (External
Mail Contact); Dino Mercadante; iGeorge Bitzas; George Bitzas; George Bitzas; Gina M.
Letellier, Gina Letellier; Joseph Mineo; Joseph Mineo;;Paul Cavallo; Paul C. Cavallo;:
Robert Magovern'(External Mail Contact); Robert E. Rossi; Robert Magovern; Robert
Rossi; Rosemary Sandlin (External Mail Contact); Rosemary Sandiin
Subject:
TOR-2017-13 final revised version
Attachments:
TOR-2017-13 revised Feb 21, 2018.pdf
Good Afternoon!
Attached please find the latest and final revised version of the solar ordinance TOR-2017-13. This is the version on
which the City Council will hold its Public Hearing on March 19,;2018. Please forward to the Planning Board for their
review and Public Hearing on March 1, 2019. Thank you!
Have a great day!
Barbara A. Bard
Barbara A. Bard
Administrative Assistant
Agawam City Council
36 Main Street
Agawam, MA. 01001
413-726-9716 direct
413-726-9717 fax
bbard@agawam.ma.us
RECEIVED
FEB 2 1 2018
ARTICLE XXI SOLAR ENERGY SYSTEMS
§180-146 Purpose
AOAIMAM
PLANNING BOARD
The purpose of this ordinance is to promote the reasonable regulation of solar, energy systems
including commercial ground mounted solar energy installations by providing standards for the
placement, design, construction, operation, monitoring, modification and removal of such
installations that address public health, safety, and welfare and minimizes impacts on scenic,
natural and historic resources and provides adequate financial assurance for the eventual
decommissioning of such installations.
§180-147 Definitions
Photovoltaic System. An active solar energy system that converts solar energy directly into
electricity.
Rated Nam late Ca acit . The maximum rated output of electric power production of the
photovoltaic system in watts of Direct Current (DC).
Solar Radiant energy received from the sun that can be collected in the form of heat or
light by a solar collector.
Solar Energy System, A device or structural design feature, a substantial purpose of which is to
provide daylight for interior lighting or provide for the collection, storage and distribution of
solar energy for space heating or cooling, electricity generation, or water heating.
Solar Energy System, Building-iintegrated. A solar energy system that is directly incorporated
into the building by replacing typical building materials.
Solar Energy System Ground -Mounted. An Active Solar Energy System that is structurally
mounted to the ground and is not roof -mounted; may be of any size (small-, medium- or large-
scale).
Solar Energy System, Large -Scale. An Active Solar Energy System that occupies more than one
acre of surface area (equivalent to a rated nameplate capacity of about 250kW DC or greater).
Solar Energy System, Medium -Scale. An Active Solar Energy System that occupies more than
1,750 square feet of surface area but less than one acre of surface area (equivalent to a rated
nameplate capacity of about 10 - 250 kW DC).
Page I of 10
Solar Ener�}i Systezn, Off-Gzad A photovoltaic solar energy system in which the circuits
energized by the solar energy system are not electrically connected in any way to electric circuits
that are served by an electric utility.
Solar Epergy _System, Roof -Mounted. An Active SolarEnergy System that is structurally
mounted to the roof of a building or structure; may be of any size (small-, medium- or large-
scale).
Solar Ener System, Small -Scale. An Active Solar Energy System that occupies 1,750 square
feet of surface area or, less (equivalent to a rated nameplate capacity of about 10 kW DC or less).
§180.148 Solar Energy Systems
See the USE TABLE' for allowed principal and accessory uses in all zoning districts.
§180-149 Solar Energy Systems,; Building -integrated, Roof -mounted and Small Scale
Building -integrated solar energy systems, Roof -mounted solar energy systems and Small Scale
solar energy systems are allowable as an accessory use in all zoning districts, subject to the
following requirements:
1. Height. Roof mounted solar energy systems shall not project beyond three feet above the
peak of the roof and shall not be more than three feet above the roof surface to which
they are attached.
2. Setback. Roof -mounted solar energy systems shall comply with all building setbacks in
the applicable zoning district and shall not extend beyond the exterior perimeter of the
building on which the system is mounted.
3. Coverage. Roof -mounted solar energy systems shall not cover more than ninety percent
of the total' area of the roof.
4. Exempt. Building integrated solar energy systems are exempt from the requirements of
this section and shall be regulated as any other building element,
5. Certifications. Roof -mounted and Building -integrated solar energy system components
shall be certified by Underwriters Laboratories Inc. and the Solar Rating and Certification
Corporation. The town reserves the right to deny ;a building permit for proposed solar
energy systems deemed to have inadequate certification.
6. Aesthetics. All Roof -mounted and Building -integrated solar energy systems shall use
colors that blend with the color of the roof or other structures. Reflection angles from
collector <surfaces shall be oriented so as not to interfere with the use and enjoyment of
other properties. Where necessary, screening may be required to address glare.
Paget of 10
§180-150 Solar Energy System, Medium Scale
All Medium Scale solar energy system installations shall undergo site plan review as outlined in
§180-13 of the Code of the Town of Agawam prior to construction, installation or modification
of the facility. The total area of Medium Scale solar energy structures shall include the total of
all areas where the solar panels are installed, all appurtenant and accessory buildings, access
roads, landscaping and visual screening elements.
§180-151 Solar Energy System, Large Scale
The balance of this ordinance shall apply to Large Scale >solar energy system installations
which measure one (1) acre and larger. The area included for determining whether a
proposed installation is a Large Scale solar energy system is contained in §180-153 below.
The provisions of this ordinance shall not apply to land owned by the Town of Agawam.
§180-152 General Requirements for Large Scale Solar Energy System Installations
a. Compliance with Laws, Ordinances and Regulations
The construction and operation of all Large Scale solar energy installations shall be consistent
with all applicable local, state and federal requirements, including but not limited to all
applicable safety, construction, electrical, and communications requirements. All buildings and
fixtures forming part of a Large Scale solar energy system installation shall be constructed in
accordance with the state building code and any other applicable state and federal laws.
b. Location
Large Scale solar energy system installations shall be allowed as a matter of right in any
industrial zone, and shall be allowed by special permit only in the agricultural zone. No Large
Scale solar energy system installations shall be constructed or installed in any residential or
business zone.
C. Special Permit
Large Scale solar energy system installations shall be allowed by special permit only in the
agricultural zone. The City Council shall be the special permit granting authority and shall
include as part of its special permit review and proceedings all the provisions and requirements
of the site plan review. The City Council shall consider the following criteria in determining
whether to grant a special permit:
l . That the use is in harmony with the general purpose and intent of the zoning ordinances
of the Town of Agawam,
2. That the use is in an appropriate location and is not significantly detrimental to the
neighborhood and does not significantly alter the character of the neighborhood;
Page 3 of 10
3. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use; and
4. That the proposed use would not be detrimental or offensive to the adjoining zoning
districts and neighboring properties due to the effects of lighting, odors, smoke, noise,
sewage, refuse materials and/or other visual nuisances.
d. Building Permit
No Large Scale solar energy system installation shall be constructed, installed or modified as
provided in this ordinance without first obtaining Site Plan Approval by the Planning Board
and then a special permit from the City Council [if necessary] and finally a building permit.
§180-153 Site Plan Review
All Large Scale solar energy system installations shall undergo site plan review as outlined in
§180-13 of the Code of the Town of Agawam prior to construction, installation or modification
of the facility as provided in this ordinance. The total area of Large Scale solar energy systems
shall include the total of all areas where the solar panels are installed, all appurtenant and
accessory buildings, access roads, landscaping and visual screening elements.
Required Documents
In addition to the ,required site plan content described in §180-13 of the Code of the Town of
Agawam, the project proponent shall provide the following additional documents and
information to the Planning Board. The Planning Board may waive any of these requirements
as it deems appropriate.
a. A site plan showing:
is property lines and physical features, including roads for the project site,
wetlands, wildlife corridors and other relevant features
I location and approximate height of existing and proposed tree cover,
including any trees on public property that ,are approximated to be
seventy-five years and older or with a diameter of thirty-six inches or
greater;
ii, proposed -changes to the site, including g proposed roads, grading,
vegetation clearing and planting, parking areas, exterior lighting,
screening vegetation and all structures;
Page 4 of-10
iv. elevations of :the solar energy system installation including the proposed
layout of the system and any potential shading from structures and
vegetation, including those on abutting properties;
V. a three -line electrical diagram detailing the solar energy system
installation, associated components, and electrical interconnection
methods, with all national electrical code compliant disconnects and
overcurrent 'devices;
A. documentation of the >major system components to be used, including the
photovoltaic panels, mounting system and inverter;:
vii. name, address, and contact information for the proposed system installer;
viii. name, address, and contact information for the project proponent, as well
as, all co -proponents and property owners, if any;
ix. the name and contact information of any agents representing the project
proponent;
X. documentation of actual or proposed access and control of the project site;
xi. an operation and maintenance plan for the proposed' project;
xii. the location of active farmland and prime farmland soils, wetlands,
permanently protected open space, priority habitat areas and critical
natural landscape core habitat areas as set forth by the Natural Heritage
and Endangered Species Program (NHESP) and "important Wildlife;
Habitat" mapped by the Massachusetts DEP; and
xiii. locations of any local or national historic districts.
b. Proof of property and liability insurance consistent with industry standards for
the proposed facility;
C. Description of financial surety consistent with this ordinance; and
d. A public outreach plan, including a project development timeline, which indicates
how the project proponent will inform and educate abutters and the community
about the project.
All plans shall be prepared, stamped ;and signed by a Professional Engineer licensed in the
Commonwealth of Massachusetts.
§180-154 Site Control, Operation and Maintenance Plan, and Utility Notification
a. The project proponent shall submit documentation of actual or proposed access
and control of the project site sufficient to allow for the construction and
operation of the proposed Large Scale solar energy system installation.
Page 5 of'10
b. The project proponent shall submit a plan for the operation and maintenance of
the Large Scale solar energy system installation, which shall include measures for
maintaining safe access to the installation, storm water controls, as well as,
general procedures for operational maintenance of the installation.
C. The project proponent shall submit evidence that the utility company that operates
the electrical distribution system grid where the installation is to be located has
been informed of the proposed Large Scale solar energy system; installation. Off -
grid Large Scale solar energy system installations shall be exempt from this
requirement.
§180-155;Dimension and Density Requirements
a. Setback and Height Requirements
The setbacks for Large Scale solar energy system installations, including
appurtenant structures and parking areas, shall be at least seventy-five (75) feet
from any property boundary. The setback areas shall not be included in the
calculation of the size of the Large Scale solar energy system installations. The
height of any Large Scale solar energy system installation or any appurtenant
structure shall comply with the height requirements contained in the Code of the
Town of Agawam for the zone in which the ;installation is located.
b. Lot Coverage
The lot coverage requirements of §180-58 of the Code of the Town of Agawam
shall not apply to Large Scale solar energy system installations.
c. Appurtenant Structure
All appurtenant structures to Large Scale solar energy system ,installations shall
comply with the -requirements of the Code of the Town of Agawam. All such
appurtenant structures include, but are not limited to, equipment shelters,, storage
facilities, transformers, and_ substations.
§180-156 Design, Safety, and Environmental Standards
a. Lighting
Lighting of Large Scale solar energy system installations shall be consistent with
local, state and federal law. Lighting of other parts of the installation, such as
appurtenant structures, shall be limited to that required for safety and operational
purposes, and shall be reasonably shielded from abutting properties. Lighting of
the Large Scale solar energy system installations shall be directed downward and
shall incorporate all feasible measures to reduce light pollution.
Page 6 of 10
C
b. Signage
Any signs on Large Scale solar energy system installations and property shall
comply with Article XIII of the Code of the Town of Agawam. A sign shall be
required which shall identify the owner and provide a,24-hour emergency contact
phone number. Large Scale solar energy system installations shall not be used for
displaying any advertising except for reasonable identification of the manufacturer
or operator of the Large Scale solar energy system installation.
c. Utility Connections
Reasonable efforts, as determined by the Planning Board during the site plan
review, shall be made to place all utility connections from the Large Seale
solar energy system installation underground, depending on appropriate <soil
conditions, shape, and topography of the site and any requirements of the
utility provider. Electrical transformers for utility interconnections may be
above ground if required by the utility provider.
d. Landscaping
All land associated with the Large Scale solar energy system installations shall
be covered and gown in natural vegetation. All ground surface areas >beneath
solar arrays and setback areas shall be pervious to maximize on -site infiltration
of storm water. Impervious paving of areas beneath solar arrays is prohibited.
To the greatest extent feasible, a diversity of plant species, including both
deciduous and coniferous plantings, shall be used, with preference given to
species that are native to New England. All original plantings shall be at least six
(6) feet high. ,All plantings shall be maintained annually, and herbicides ;shall be
applied only by properlylicensed personnel in conformance with all applicable
state and federal laws.
e. Parking and access
Reasonable -on-site parking is required for vehicles that will service the
installation only.
E Visual Impact NUtigat on
The plan for a Large Scale >solar energy system installation shall be designed to
maximize the preservation of on -site and abutting natural and developed features.
In undeveloped areas, existing vegetation shall be retained to the greatest extent
feasible, especially where such vegetation provides a benefit to the natural
environment. In developed areas, the design' of the Large Scale solar energy
system installation shall consider and incorporate contextual landscaping and
landscape amenities that complement the physical features of the site and abutting
properties. To the greatest extent feasible, structures should be screened from
view by vegetation and/or joined or clustered to avoid adverse visual impacts; and
be architecturally compatible with each other. Vegetation shall be of varieties
Page 7 of 10
native to New England. Vegetative screening shall reach a mature form to
effectively screen the installation within five years of installation. The ,mature
height of the vegetated screening shall be such that the installation's structures are
not apparent to a person upon any public road and viewing the installation from a
height of eight (8) feet. Planting of the vegetative screening shall be completed
prior to -final approval of the Large Scale solar energy system installation by the
Building Inspector.
g. Emergency Services
The owner or operator of the Large Scale solar energy system installation shall
provide a;copy of the project summary, electrical schematic, and site plan to the
Agawam Fire Department. Upon request, the owner or operator shall cooperate
with local emergency services in developing an emergency response plan. All
means of disconnecting the Large Scale solar energy system installation shall be
clearly marked. The owner or operator shall identify and provide contact
information for a person who is responsible for responding to all public and
emergency inquiries related to the installation. This information shall be updated
as needed.
h. Land 'Clearing, Soil Erosion and Habitat Impacts
Clearing of natural ^vegetation shall be limited to that which is necessary for the
construction, operation and maintenance of the Large Scale solar energy
system installation: or otherwise prescribed by applicable laws, regulations, and
ordinances.Sufficient vegetation shall be maintained to minimize soil erosion.
Large Scale solar energy system installations shall be installed only upon water
permeable surfaces as approved during site plan review.
i. preservation of Trees
Large Scale solar energy system installations shall be designed and constructed to
preserve and maintain the health and root systems of significant trees on public
property that are approximated to be seventy-five years and older or with a
diameter of thirty-six inches or greater.
j. Wildlife Corridors
Large Scale; solar energy system installations shall be designed and constructed to
minimize the impacts on wildlife corridors.
k. Sound Levels
Sound levels under normal operating conditions of the Large Scale solar energy
system installation measured at the boundary of the lot on which the installation in
sited shall not be more than ten decibels greater than would otherwise exist in the
absence of the facility.
Page 8 of 10
I. Hazardous Materials
Hazardous materials that are stored, used, or generated on site shall not exceed the
amount for a very small quantity generator of hazardous waste as defined by
Massachusetts DEP and shall meet all applicable requirements, including storage
of hazardous materials in a building with an impervious floor that is not adjacent
to any floor drains to prevent discharge to the outside environment. If hazardous
materials are utilized within the solar electric equipment, then impervious
containment areas capable of controlling any release to the environment and to
prevent potential contamination of groundwater are required.
m. Independent Engineer
Upon request of the Planning Board, the proponent shall pay for a licensed third -
party independent engineer selected by the Planning Board to assist the Planning
Board in its review of submitted materials.
§180-157 Monitoring and Maintenance
a. Solar Photovoltaic Installation Conditions
The owner or operator of a Large Scale solar energy system installation shall
maintain the facility in good condition. Maintenance shall include, but not be
limited to, painting, structural repairs, landscaping and integrity of security
measures. Site access shall be maintained to a level acceptable to the Agawam
Fire Chief, Building Inspector and Town's Electrical Inspector. The owner or
operator shall be responsible for the cost of maintaining the installation and any
access road, unless accepted as a public way.
b. Modifications
All material modifications to a Large Scale solar energy system installation made
after issuance of the required building permit,shall require site plan approval by
the Planning Board.
e. Removal Requirements and Abandonment
i. Abandonment
Absent notice of a proposed date of decommissioning or written notice of
extenuating circumstances, a Large Scale solar energy system installation shall
be considered abandoned when it fails to operate for more than one year
without a written waiver by the Planning Board. If the owner or operator of a
Large Scale solar energy system installation fails to remove the installation in
accordance with the requirements of this section within one hundred fifty (150)
days of abandonment or the proposed date of decommissioning, the Town or
its agents may enter the property and physically remove the installation, the
full cost of which shall be the responsibility of the owneror operator.
Page 9 of 10'
ii. Removal Requirements
Any Large Scale solar energy system installation which has reached the end of
its useful life or has been deemed abandoned consistent with this ordinance
shall be removed. The owner or operator shall physically remove the
installation no more than one hundred fifty days after the date of discontinued
operations. The owner or operator shall notify the Planning Board by certified
mail of the ;proposed date of discontinued operations and plans for removal.
Decommissioning shall consist of;,
1. physical removal of all solar photovoltaic installations, structures,
equipment, security barriers and electrical lines from the site;
2. disposal of all solid and hazardous waste in accordance with local, state,
and federal waste disposal; regulations;
3. stabilization and re -vegetation of the site as necessary to minimize erosion
and
4. the Planning Board may allow the owner or operator to leave landscaping
or designated below -grade foundations to minimize erosion and disruption
to vegetation.
§180-158 Financial Surety
The project proponent of Large Scale solar energy system installations shall provide a form of
surety, either through escrow account, bond or line of credit from a creditable financial
institution, in an amount sufficient to cover the cost of removal in the event the Town of
Agawam deems the Large Scale solar energy system installation to be abandoned and must
remove the installation and`remediate the landscape. The amount and form of the surety shall be
determined to be reasonable by the Planning Board, but in no event should exceed more than one
hundred ten percent of the cost of removal and compliance with the additional requirements set
forth herein, as determined by the project proponent. Such surety is not required for
municipally -owned or state-owned facilities. The project proponent shall submit a fully
inclusive estimate of the costs associated with removal prepared by a qualified engineer. 'The
amount shall include a mechanism for calculating increased removal costs due to inflation.
Page 10 of 10
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Amanda Boissonneault
From:, Marc Strange
Sent: Thursday, February 08,,2018 11:04 AM
To: Charles Elfman; Mario Tedeschi; Mark Paleologopoulos; Nick Pandoifi; Violet Baldwin
Cc: Amanda Boissonneault
Subject: FW: Legislative Committee meeting notice
Attachments: Sub -Committee Meeting Notice Legislative dated Feb 15, 2018.doc
Good morning, everyone. Please see the attached Legislative sub -committee agenda. They are meeting next Thursday
night at 7:00p in the Peirce Room. We have -a long agenda that night so I doubt we'll be done in time to attend. We tried
to get it moved to no avail. Nevertheless, we wanted to keep everyone in the same loop.
Marc
From: Barbara Bard
Sent: Wednesday, February 7, 2018 1:40 PM
To: Anthony Suffriti;-Anthony Suffriti; Cecilia Calabrese; Christopher C. Johnson; Christopher C. Johnson Dino
Mercadante; Dino Mercadante; George Bitzas; George Bitzas; George Bitzas; Gina M. Letellier; Gina Letellier; Joseph
Mineo; Joseph Mineo; Paul Cavallo; Paul C. Cavallo; Robert Magovern (External Mail Contact); Robert E. Rossi; Robert
Magovern; Robert Rossi; Rosemary Sandlin (External Mail Contact); Rosemary Sandlin
Cc: Mayor William Sapelli; Stephen Buoniconti; Rebecca Santaniello; Nadine PorFilio;'Marc Strange; Amanda
Boissonneault
Subject: Legislative Committee meeting notice
Good Afternoon!
Please seethe attached Legislative Committee meeting notice.
Amanda — Could you please forward to the Planning Board as well? Thank you!
Have a great day!
Barbara A. Bard
Barbara A. Bard
Administrative Assistant
Agawam City Council
36 Main Street
Agawam, MA. 01001
413-726-9716 direct
413-726-9717 fax
board@agawamma;us
NOTICE OF MEETING
PLEASE BE ADVISED THAT THERE WILL BE A LEGISLATIVE SUB-
COMMITTEE MEETING AND COUNCIL WORKSHOP ON THURSDAY,
FEBRUARY 15 2018 AT 7:00pm, IN THE PEIRCE ROOM AT THE
AGAWAM PUBLIC LIBRARY, 750 COOPER STREET, AGAWAM,_MA.
AGENDA
1. Approval of Minutes dated January 30, 2018.
2 TOR-2017-13- An Ordinance to amend the Code of the Town of Agawam
Zoning Ordinances to add solar energy systems (Sponsored by Councilors
Johnson and Rossi) (Referred to Planning Boardfor their Public Hearing)
(City Council Public Hearing set for March 19, 20`18)
3. Any other business that may legally come before the Committee.
4, Adjournment.
Robert A. Magovern, Chair
cc: Committee Members Bitzas, Sandlin,,Rossi and Calabrese
Full Council, Mayor, Solicitor, Planning Board
•
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1801
Tel. 413-786-0400
MEMO
Fax 413-786-9927
To: Assessor
Building Inspector
Conservation Commission
Engineering/DPW
Fire Department
Health Department
Safety Officer
School Committee
Town Solicitor
Zoning Board of Appeals
From: Planning Board
Subject: Proposed Zoning Amendment — Solar Energy Systems — Council
PresidentJohnsonand Councilor Rossi
Date: February 7, 2018
The Planning Board has received the attached proposed zoning amendment sponsored by
Council President Johnson and Councilor Rossi regarding solar energy systems. A public
hearing will be held by the planning Board on March 1, 2018. Please provide any
comments you may have prior to the hearing.
MAS/amb
IP 0
Amanda Boissonneault
From:
Turley Public Notices <notices@turley.com>
Sent:
Thursday, February 08, 2018 2:48 PM
To:
Amanda Boissonneault`
Subject:
Re: Legal Ad for the Agawam Advertiser
Hi Amanda,
The legal notice for the Planning Board /`Solar Energy will run in the Agawam Advertiser 2.15 and 2.22
Thanks,
Jamie Joslyn
On Feb 8, 2018, at 2:42PM, Amanda Boissonneault<ABoissotu eault ckagawam.ma.us> wrote:
Good afternoon,
Attached is a legal ad to be published in the Agawam Advertiser on February 15th and February 22nd.
Thanks!
�rnanda d'°i�soieneault
Senior Clerk>
Town of Agawam
Planning and Community Development
Zoning Board of Appeals
36 Main Street, Agawam MA 01001
413-786-0400'ext. 8739
aboissonneault@ap,awam.ma.us
Con fidentiality/Public Record Statement. Under Massachusetts Law, any email created or received by an
employee of The Town of Agawam is considered a public record. All email correspondence is subject to the
requirements of M.G.L. -Chapter 66. This email may contain confidential and privileged material for the sole use of
the intended recipient. Any review or distribution, by others isstrictlyprohibited. If you are not the intended
recipient please contact the sender and delete all copies. <Legal Ad 3-19-18 Proposed Solar
Ordinance.pd
• 9
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1801
Tel. 413-786-0400
Legal Notice
Town of Agawam
Planning Board
Fax 413-786-9927
The Agawam Planning Board will hold a public hearing on Thursday, March 1, 2018 at 6:00 PM at the
Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear
the petition of Council President Johnson and Councilor Rossi on a proposed ordinance to amend the
Town of Agawam Zoning Ordinances to add solar energy systems. A copy of the proposal can be
obtained from the Office of Planning and Community Development 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
Advertise: Thursday, February 15, 2018 and Thursday, February 22, 2018
cc: Dept. of Housing & Community; Development, Boston
Pioneer Valley Planning Commission,
Planning Boards of:
=:
Longmeadow;•
Southwick
Springfield
w `
Suffield, CT
West Springfield
Westfield
`%
At-,'AWAM CITYtOUNCIL
36 MAIN STREET
AGAVvAM, MASSACHUSEI I'S 01001
413-726-9716 Office 413-726-9717 Fax www.anawam.ma.us
COUNCIL PRESIDENTChrislopherC. Johnson COUNCIL VICE PRESIDENT Cecilia P.,Calabrese
COL:NC:ILORS
George Bil--as- Paul C. Cavallo - Gina Al. Leteltier - Robert A, Magover•n:- Dino R. Mercadante
Jo seph ,'vlineo - Robert E. Rossi -- Rosemar v Sandl n - _4nthuny R. Sq ffriti
ADMINISTRATIVE ASSISTANT - Barbara A, Bard bbard[aaeawam.ma.us
February 6, 2018
Agawam Planning Board
Town Hall
36 Main Street
Agawam, MA. 01001
Re:- 'TOR 2017-13
Dear Members of the Agawam Planning Board::
The Agawam City Council has referred the following item to the Planning Board for your
recommendation and public hearing:
TOR-2017-13 - An Ordinance to amend the Code of the Torun of Agawam
Zoning Ordinances to add solar energy systems (Sponsored by Councilors
Johnson and Rossi)
Please note that the City Council has set their Public Hearing for March 19, 2018. If you
have any questions, please do not Hesitate to contact me.
Sincerely,
0"*140,W a,
Christopher C. ,Johnson, Pre 1 nt
Agawam City Council
CCJ/bb
RE"'c""IM
cc: Full Council
Mayor FEB 0 6 Z018
Solicitor
Planning AGA%WVNI
FE3 0 6 HIS
PL s HNHN_,G4 BOARD
§180-146 Purpose
ARTICLE XXI: SOLAR ENERGYSYSTEMS
The purpose of this ordinance is to promote the reasonable regulation of solar energy systems
including commercial ground mounted solar energy installations by providing standards for the
placement, design, construction, operation, monitoring, modification and removal of such=
installations that address public health, safety, and welfare and minimizes impacts on scenic,
natural and historic resources and provides adequate financial assurance for the eventual
decommissioning of such installations.
§180-147 Definitions
Photovoltaic System. An active solar energy system that converts solar energy directly into
electricity.
Rated Nameplate Capacity. The maximum rated output of electric power production of the
photovoltaic system in watts of Direct Current (DC}.
Solar Energy. Radiant energy received from the sun that can be collected in the form of heat or
light by a solar collector.
Solar Energy System. A device or structural design feature, a substantial purpose of which is to
provide daylight for interior lighting or provide for the collection, storage and distribution of
solar energy for space heating or cooling, electricity generation, or water heating.
Solar Energy System, Building -integrate . A solar energy system that is directly incorporated
into the building by replacing typical building materials.
Solar Energy System, Ground -Mounted. An Active Solar Energy System that is structurally
mounted to the ground and is not roof -mounted; may be of any size (small-, medium- or large-
scale).
Solar Energy System, Lar e-Scale. An Active Solar Energy System that occupies more than one
acre of surface area (equivalent to a rated nameplate capacity of about 250kW DC or greater).
Solar Energy System, 'Medium -Scale. An Active Solar Energy System that occupies more than
1,750 square feet of surface area but less than one acre of surface area {equivalent to a rated
nameplate capacity of about 10 - 250 kW DC).
Page of 10
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Solar Energy System, Off -Grid. A photovoltaic solar energy system in which the circuits
energized by the solar energy system are not electrically connected in any way to electric circuits
that are served by an electric utility.
Solar Energy System, Roof -Mounted. An Active Solar Energy System that is structurally
mounted to the roof of a building or structure; may be of any size (small-, medium- or large-
scale).
Solar Energy System, Small -Scale. An Active Solar Energy System that occupies 1,750 square
feet of surface area or less (equivalent to a rated nameplate capacity of about 10 kW DC or less),
§180-148 Solar Energy Systems
See the USE TABLE for allowed principal and accessory uses in all zoning districts.
§180-149 Solar Energy Systems, Building -integrated, Roof -mounted and Small Scale
Building -integrated solar energy systems, Roof -mounted solar energy systems and Small Scale
solar energy systems are allowable as an accessory use in all zoning districts, subject to the
following requirements:
Height. Roof -mounted solar energy systems shall not project beyond three feet above the
peak of the roof and shall not be more than three feet above the roof -surface to which
they are attached.
2. Setback. Roof -mounted solar energy systems shall comply with all building setbacks in
the applicable zoning district and shall not extend beyond the exterior perimeter of the
building on which the system is mounted.
3. Coverage. Roof -mounted solar energy systems shall not cover more than eighty percent
of the total area of the roof.
4, Exempt. Building integrated solar energy systemsareexempt from the requirements of
this section and shall be regulated as any other building element.
5. Certifications. Roof -mounted and Building -integrated solar energy system components
shall be certified by Underwriters Laboratories Inc. and the Solar Rating and Certification
Corporation. The town reserves the right to deny a building permit for proposed solar
energy systems deemed to have inadequate certification.
G. Aesthetics. All Roof -mounted and Building -integrated solar energy systems shall use
colors that blend with the color of the roof or other structures. Reflection angles from
collector surfaces shall be oriented so as not to interfere with the use and enjoyment of
other properties. Where necessary, screening may be required to address glare.
Page 2 of 10
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§180.150 Solar Energy System, Medium ,Stale
All Medium Scale solar energy system installations shall undergo site plan review as outlined in
§180-13 of the Code of the Town of Agawam prior to construction, installation or modification
of the facility. The total area of Medium Scale solar energy structures shall include the total of
all areas where the solar panels are installed, all appurtenant and accessory buildings, access
roads, landscaping and visual screening elements.
§180-151 Solar Energy System, Large Scale
The balance of this ordinance shall apply to Large Scale solar energy system installations
which measure one (1) acre and larger. The area included for determining whether a
proposed installation is a Large Scale solar energy system iscontainedin §180-153 below,
The provisions of this ordinance shall not apply to land owned by the Town of Agawam,
§180-152 'General Requirements for Large Scale Solar Energy System Installations
a. Compliance with Laws, Ordinances and Regulations
The construction and operation of all Large Scale solar energy installations shall be consistent
with all applicable local, state and federal requirements, including but not limited to all
applicable safety, construction, electrical, and communications requirements. All buildings and
fixtures forming part of a Large Scale solar energy system installation shall be constructed in
accordance with the state building code and any other applicable state and federal laws.
b. Location
Large Scale solar energy system installations shall be allowed as a matter of right in any
industrial zone, and shall be allowed by special permit only in the agricultural zone. No Large
Scale solar energy system installations shall be constructed or installed in any residential or
business zone.
C. Special Permit
Large Scale solar energy system installations shall be allowed by special permit only in the
agricultural zone. The City Council shall be the special permit granting authority and shall
include as part of its special permit review and proceedings all the provisions and requirements
of the site plan review. The City Council shall consider the following criteria in determining
whether to grant a special permit:
1. That the use is in harmony with the general purpose and intent of the zoning ;ordinances
of the Town of Agawam;
2. That the use is in an appropriate location and is not significantly detrimental to the
neighborhood and does not significantly alter the character of the neighborhood,
Page 3 of to
11
Adequate and appropriate facilities will be provided for the proper operation of the
proposed use; and
4. That the proposed use would not be detrimental or offensive to the adjoining zoning
districts and neighboring properties due to the effects of lighting, odors, smoke, noise,
sewage, refuse materials and/or other visual nuisances.
d. Building Permit
No Large Scale solar ;energy system installation shall be constructed, installed or modified as
provided in this ordinance without first obtaining Site Plan Approval by the Planning Board
and then a special permit from the City Council [if necessary] and finally building permit.
§180-153 Site Plan Review
All Large Scale solar energy system installations shall undergo site plan review as outlined in
§180-13 of the Code of the Town of Agawam prior to construction, installation or modification
of the facility as provided in this ordinance. The total area of Large Scale solar energy systems
shall include the total of all areas where the solar panels are installed, all appurtenant and
accessory buildings, access roads, landscaping and visual screening elements.
Required Documents
In addition to the required site plan content described in §180-13 of the Code of the Town of
Agawam, the project proponent shall provide the following additional documents and
information to the Planning Board. The Planning Board may waive any of these requirements
as it deems appropriate.
a. A site plan showing:
property lines and physical features, including roads for the project site,
wetlands, wildlife corridors and other relevant features;
I location and approximate height of existing and proposed tree cover,
including any trees on public property that are approximated to be
seventy-five years and older or with a diameter of thirty-six inches or
greater;
proposed changes to the site, including proposed roads, grading,
vegetation clearing and planting, parking areas, exterior lighting,
screening vegetation and all structures;
Page 4 of 10
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iv. elevations of the solar energy system installation including the proposed
layout of the system and any potential shading from structures and
vegetation, including those on abutting properties;
V. a three -line electrical diagram, detailing the solar energy system
installation, associated components, and electrical interconnection
methods, with all national electrical code compliant disconnects and
overcurrent devices;
A. documentation of the major system components to be used, including the
photovoltaic panels, mounting system and inverter;
vii. name, address, and contact information for the proposed system installer;
vili. name, address, and contact information for the project, proponent, as well
as, ;all co -proponents and property owners, if any
ix, the name and contact information of any agents representing the project
proponent;
X. documentation of actual or proposed access and control of the project site;
xi. an operation and maintenance plan for the proposed project;
xii the location of active farmland and prime farmland soils, wetlands,
permanently protectedopen space, priority habitat areas and critical
natural landscape core habitat areas as set forth by the Natural Heritage
and Endangered Species Program (NHESP) and "important 'Wildlife
Habitat" mapped by the Massachusetts DEP; and
xiii locations of any local or national historic districts.
b. Proof of property and liability insurance consistent with industry standards for
the proposed facility;
C. Description of financial surety consistent with this ordinance; and
d. A public outreach plan, including a project development timeline, which indicates
how the project proponent will inform and educate -abutters and the community
about the project.
All plans shall be prepared, stamped and signed by a Professional Engineer licensed in the
Commonwealth of Massachusetts.
§180-154 Site Control, Operation and Maintenance Plan, and Utility Notification
a. The project proponent shall submit documentation of actual or proposed access
and control of the project site sufficient to allow for the construction and
operation of the proposed Large Scale solar energy system installation.
Page 5`of 10
b. The project proponent shall submit a plan for the operation and maintenance of
the Large Scale solar energy system installation, which shall include measures for
maintaining safe access to the installation, storm water controls, as well as,
general procedures for operational maintenance of the installation.
e. The project proponent shall submit evidence that the utility company that operates
the electrical distribution system grid where the installation is to be located has
been informed of the proposed Large Scale solar energy system installation. Off
grid Large Scale solar energy system installations shall be exempt from this
requirement.
§180-155 Dimension and Density Requirements
a. Setback and Height Requirements
The setbacks for Large Scale solarenergy system installations, including
appurtenant structures and parking areas, shall be at least seventy-five (75) feet
from any property boundary. The setback- areas shall not be included in the
calculation of the size of the Large Scale solar energy system installations. The
height of any Large Scale solar energy system installation or any appurtenant
structure shall comply with the height requirements -contained in the Code of the
Town of Agawam for the zone in which the installation is located.
b. Lot Coverage
The lot coverage requirements of §180-58 of the Code of the Town of Agawam
shall not apply to Large Scale solar energy system installations.
c. Appurtenant Structure
All appurtenant structures to Large Scale solar energy system installations shall
comply with the requirements of the Code of the Town of Agawam. All such
appurtenant structures include, but are not limited to, equipment shelters, storage
facilities, transformers, and substations.
§180-156 Design, Safety, and Environmental Standards
a. Lighting
Lighting of Large Scale solar energy system installations shall be consistent with
local, state and federal law. Lighting of other parts of the installation, such as
appurtenant structures, shall be limited to that required for safety and operational
purposes, and shall be reasonably shielded from abutting properties. Lighting of
the Large Scale solar energy system installations shall be directed downward and
shall incorporate all feasible measures to reduce light pollution..
Page 6 of 10
b. Signage
Any signs on Large Scale solar energy system installations and property shall
comply with Article XIII of the Code of the Town of Agawam. A sign shall be
required which shall identify the owner and provide a 24-hour emergency contact
phone number. Large Scale solar energy system installations shall not be used for
displaying any advertising except for reasonable identification of the manufacturer
or operator of the Large Scale solar energy system installation.
C. Utility Connections
Reasonable efforts, as determined by the Planning Board during the site plan
review, shall be made to place all utility connections from the Large Scale
solar energy system installation underground, depending on appropriate soil
conditions, shape, and topography of the site and any requirements of the
utility provider. Electrical transformers for utility interconnections may be
above ground if required by the utility provider.
d. Landscaping
All land associated with the Large Scale solar energy system installations shall
be covered and grown in natural vegetation. All ground surface areas beneath
solar arrays and setback areas shall be pervious to maximize on -site infiltration
of storm water. Impervious paving of areas beneath solar arrays is prohibited.
To the greatest extent feasible, a diversity of plant species, including both
deciduous and coniferous plantings, shall be used, with preference given to
species that are native to New England. All original plantings shall be at least six
(6) feet high. All plantings shall be maintained annually, and herbicides shall be
applied only by properly licensed personnel in conformance with all applicable
state and federal laws.
e. Parking and access
Reasonable on -site parking is required for vehicles that will service the
installation only.
f. Visual Impact Mitigation
The plan for a Large Scale solar energy system installation shall be designed to
maximize the preservation of on -site and abutting natural and developed features.
In undeveloped areas, existing vegetation shall be retained to the greatest extent
feasible, especially where such vegetation provides a "benefit to the natural
environment. In developed areas, the design of the Large Scale solar energy
system installation shall consider and incorporate contextual landscaping and
landscape amenities that complement the physical features of the site and abutting
properties. To the greatest extent feasible, structures should be screened from
view by vegetation and/or joined or clustered to avoid adverse visual impacts and
be architecturally compatible with each other. Vegetation shall be of varieties
Page 7 of 10
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native to New England. Vegetative screening shall reach a mature form to
effectively screen the installation within five years of installation. The mature
height of the vegetated screening shall be such that the installation's structures are
notapparent to a person upon any public road and viewing the installation from a
height of eight (S) feet. Planting of the vegetative screening shall be completed
prior to final approval of the Large Scale solar energy system installation by the
Building Inspector.
g. Emergency Services
The owner or operator of the Large Scale solar energy system installation shall
provide a copy of the project summary, electrical schematic, and site plan to the
Agawam Fire Department. Upon request, the owner or operator shall cooperate
with local emergency services in developing an emergency response plan. All
means of disconnecting the Large Scale solar energy system installation shall be
clearly marked. The owner or operator shall identify and provide contact
information for a person who is responsible for responding to all public and:
emergency inquiries related to the installation. This information shall be updated
as needed.
h. Land Clearing, Soil Erosion and Habitat Impacts
Clearing of natural vegetation shall be limited to that which is necessary for the
construction, operation and maintenance of the LargeScale solar energy
system installation or otherwise prescribed by applicable laws, regulations, and
ordinances. Sufficient vegetation shall be maintained to minimize soil erosion.
Large Scale solar energy system installations shall be installed only upon water
permeable surfaces as approved during site plan review.
i. Preservation of Trees
Large Scale solar energy system installations shall be designed and constructed to
preserve and maintain, the health and root systems of sigriificant trees on public
property that are approximated to be seventy-five years and older or with a
diameter of thirty-six inches or greater.
j. Wildlife Corridors
Large Scale solar energy system installations shall be designed and constructed to
minimize the impacts on wildlife corridors.
k. Sound Levels
Sound levels under normal operating conditions of the Large Scale solar energy
system installation measured at the boundary of the lot on which the installation in
sited shall not be more than ten decibels greater than would otherwise exist in the
absence of the facility.
Page 8` of 10`
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I. Hazardous Materials
Hazardous materials that are stored, used, or generated on site shall not exceed the
amount for a very small quantity generator of hazardous waste as defined by
Massachusetts DEP and shall meet all applicable requirements, including storage
of hazardous materials in a building with an impervious floor that is not adjacent
to any floor drains to prevent discharge to the outside environment. If hazardous
materials are utilized within the solar electric equipment, then impervious
containment areas capable of controlling any release to the environment and to
prevent potential contamination of groundwater are required.
m. Independent Engineer
Upon request of the Planning Board, the proponent shall pay for a licensed third -
party independent engineer selected by the Planning Board to assist the Planning
Board in its review of submitted materials.
§180-157 Monitoring and Maintenance
a. Solar Photovoltaic Installation Conditions
The owner or operator of a Large Scale solar energy system installation shall
maintain the facility in good condition. Maintenance shall include, but not be
limited to, painting, structural repairs, landscaping and integrity of security
measures. Site access shall be maintained to a level acceptable to the Agawam
Fire Chief, Building Inspector and Town's Electrical Inspector. The owner or
operator shall be responsible for the cast of maintaining the installation and any
access road, unless accepted as a public way.
b. Modifications
All material modifications to a,Large Scale solar energy system installation made
after issuance of the required building permit shall require site plan approval by
the Planning Board.
c. Removal Requirements and Abandonment
i. Abandonment
Absent notice of a proposed date of decommissioning or written notice of
extenuating circumstances, a Large Scale solar energy system installation shall
be considered abandoned when it fails to operate for more than one year
without a written waiver by the Planning Board. "If the owner or operator of a
Large Scale solar energy system installation fails to remove the installation in
accordance with the requirements of this section within one hundred fifty (150)
days of abandonment or the proposed date of decommissioning, the Town or
its agents may enter the property and physically remove the installation, the
frill cost of which shall be the responsibility of the owner or operator.
Page 9 of 10
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ii. Removal Requirements
Any Large Scale solar energy system installation which has reached the end of
its useful life or has been deemed abandoned consistent with this ordinance
shall be removed. The owner or operator shall physically remove the
installation no more than one hundred fifty days after the date of discontinued
operations. The owner or operator shall notify the Planning Board by certified
mail of the proposed date of discontinued operations and plans for removal.
Decommissioning shall consist of
1. physical removal of all solar photovoltaic installations, structures,
equipment, security barriers and electrical lines from the site;
2. disposal of ;all solid and hazardous waste in accordance with local, state,
and federal waste disposal regulations;
3. stabilization and re -vegetation of the site as necessary to minimize erosion;
and
4. the Planning Board may allow the owner or operator to leave 'landscaping
or designated below -grade foundations to minimize erosion and disruption
to vegetation.
§180-158 Financial Surety
The project proponent of Large Scale solar energy system installations shall provide a form of
surety, either through escrow account, bond or line of credit from a creditable financial
institution, in an amount sufficient to cover the cost of removal in the event the Town of
Agawam deems the Large Scale solar energy system installation to be abandoned and must
remove the installation and remediate the landscape. The amount and form of the surety shall be
determined to be reasonable by the Planning Board, but in no event should exceed more than one
hundred ten percent of the cost of removal and compliance with the additional requirements set
forth herein, as determined by the project proponent. Such surety is not required for
municipally -owned or state-owned facilities„ The project proponent shall submit a fully
inclusive estimate of the costs associated with removal prepared by a qualified engineer. The
amount shall include a mechanism for calculating increased removal costs due to inflation.
Page 10;of 10
Amanda Boissonneault
From: Mart Strange
Sent: Tuesday, February 06, 2018 1:16 PM
To: Amanda Boissonneault; Pamela Kerr
Subject: FW:'TOR-2017-13
Attachments TOR-2017-13 revised Feb 5, 2018.pdf; TOR-2017-13 letter of referral to PB.pdf
March 1
From: Barbara Bard
Sent: Tuesday, February 6, 2018 1:06 PM
To: Pamela Kerr; Marc Strange; Amanda Boissonneault
Cc: Mayor William Sapelli; Stephen Buoniconti
Subject: TOR-2017-13
Good Afternoon!
Please see the attached letter of referral to the Planning Board as well as the revised solar ordinance. Please let us know
the date of the Planning Board's public hearing. Thank you!
Have a great day!
Barbara A Bard
Barbara A. Bard
Administrative Assistant
Agawam City Council
36 Main Street
Agawam, MA. 01001
413-726-9716 direst
413-726-9717 fax
bbard@agawam.ma.us
ARTICLE XXIt SOLAR ENERGY SYSTEMS
§180-146 Purpose
The purpose of this ordir
including commercial grc
placement, design, cons'
installations that address
natural and historic reso
decommissioning of such
§180-147 Definitions
Photovoltaic System. Ai
electricity.
Rated Nameplate Cat>ac
photovoltaic system in Wan--, vi iviiLza k p
of solar energy systems
ovding standards for the
i and removal of such
tzes impacts on scenic,
trance for the: eventual
alar energy directly into
power production of the
Solar Ener Radiant energy received from the sun that can be collected in the form of heat or
light bya-solar collector.
Solar Energy System. A device or structural design feature, a substantial purpose of which is to
provide daylight for interior lighting or provide for the :collection, storage and distribution of
solar energy for space heating or cooling, electricity generation, or water heating.
Solar Energy_ System, Building -integrated. A solar energy system that is directly incorporated
into the building by replacing typical building materials.
Solar Energy System, Ground -Mounted. An Active Solar Energy System that is structurally
mounted to the ground and is not roof -mounted; may be of any size (small-, medium- or large-
scale).
Solar Ener X System, Large -Scale. An Active Solar Energy System that occupies more than one
acre of surface area (equivalent to a rated nameplate capacity of about 250kW DC or greater).
Solar Energy System, Medium -Scale. An Active Solar Energy System that occupies more than
1,750 square feet of surface area but Less than one acre of surface area (equivalent to a rated
nameplate capacity of about 10 - 250 kW DC).
Page 1<of 10
ARTICLE XXI: SOLAR ENERGY SYSTEMS
§180-146 Purpose
The purpose of this ordinance is to promote the reasonable regulation of solar energy systems
including commercial ground mounted solar energy installations by providing standards for the
placement, design, construction, operation, monitoring, ;modification and removal of such
installations that address public health, safety, and welfare- and minimizes impacts on scenic,
natural and historic resources and provides adequate financial assurance for the eventual
decommissioning of such installations.
§180-147 Definitions
Photovoltaic System. An active solar energy system that converts solar energy directly into
electricity.
Rated Nameplate Capacity. The maximum rated output of electric power production of the
photovoltaic system in watts of Direct Current (DC).
Solar Energy. Radiant energy received from the sun that can be collected in the form of heat or
light by a solar collector.
Solar Energy System. A device or structural design feature, a substantial purpose of which is to
provide daylight for interior lighting or provide for the collection, storage and distribution of
solar energy for space heating or cooling, electricity generation, or water heating.
Solar Energy System, Building_ ntegrated. A solar energy system that is; directly incorporated
into the building by replacing typical building materials.
Solar Energy 'System, Ground -Mounted. An Active Solar Energy System that is structurally
mounted to the ground and is not roof -mounted; maybe of any size (small-, medium- or large-
scale).
Solar Energy -Sy stem, Large -Scale. An Active Solar Energy System that occupies more than one
acre of surface area (equivalent to a rated nameplate capacity of about 25OkW DC or greater).
Solar Energy System, Medium -Scale. An Active Solar Energy System that occupies more than
1750 square feet of surface area but less than one acre of surface area (equivalent to a rated
nameplate capacity of about 10 - 250 kW DC).
Page 1 of 10
Solar Energy System, Off -Grid. A photovoltaic solar energy system in which the circuits
energized by the solar energy system are not electrically connected in any to electric circuits
that are served by an electric utility.
Solar EpM System Roof -Mounted. An Active Solar Energy System that is structurally
mounted to the roof of a building or structure; may be of any size (small- medium- or large-
scale).
Solar Energy System. Small -Scale. An Active Solar Energy System that occupies 1,750 square
feet of surface area or less (equivalent to a rated nameplate capacity of about 10 kW DC or less).
§180-148 Solar Energy Systems
See the USE TABLE for allowed principal and accessory uses in all zoning districts.
§180-149 Solar Energy Systems, Building -integrated, Roof -mounted and Small Scale
Building -integrated solar energy systems, Roof -mounted solar energy systems and Small Scale
solar energy systems are allowable as an accessory use in all zoning districts, subject to the
following requirements:
1. Height. Roof -mounted solar energy systems ;shall not project beyond three feet above the
peak of the roof and shallnotbe more than three feet above the roof surface to which
they are attached.
2. Setback. Roof -mounted solar energy systems shall comply with all building setbacks in
the applicable zoning district and shall not extend beyond the exterior perimeter of the
building on which the system is mounted.
3. Coverage. Roof -mounted solar energy systems shall not cover more than ninety percent
of the total area of the roof.
4 Exempt. Building integrated solar energy systems are exempt from the requirements of
this section and shall be regulated as any other building element.
5. Certifications. Roof -mounted and Building -integrated solar energy system components
shall be certified by Underwriters; Laboratories Inc. and the Solar Rating and Certification
Corporation. The town reserves the right to deny a building permit for proposed solar
energy systems deemed to have inadequate certification.
5. Aesthetics. All Roof -mounted and Building. -integrated solarenergy systems shall use
colors that blend with the color of the roof or other structures. Reflection angles from
Collector surfaces shall be oriented so as not to interfere with the use and enjoyment of
other, properties. Where necessary, screening may be required to address glare.
Page 2 of 10
§IW150 Solar Energy System, Medium Scale
All Medium Scale solar energy system installations shall undergo site plan review as outlined in
§180-13 of the Code of the Town of Agawam prior to construction, installation or modification
of the facility.- The total area of Medium Scale solar energy structures shall include the total of
all areas where the :solar panels are installed, all appurtenant and accessory buildings, access
roads, landscaping and visual screening elements.
§180-151 Solar Energy System, Large Scale
The balance of this ordinance shall apply to Large Scale solar energy system installations
which measure one (1) acre and larger. The area included for determining whether a
proposed installation is a Large Scale solar energy system is contained in §180-153 below.
The previsions of this ordinance shall not apply to land owned by the Town of Agawam.
§180-152 General Requirements for Large Scale Solar Energy System Installations
a.. Compliance with Laws, Ordinances and Regulations
The construction and operation of all Large Scale solar energy installations shall be consistent
with all applicable local, state and federal requirements, including but not limited to all
applicable safety, construction, electrical, and communications requirements. All buildings and
fixtures forming part of a Large Scale solar energy system installation shall be constructed in
accordance with the state building code and any other applicable state and federal laws.
b. Location
Large Scale solar energy system installations shall be allowed as a matter of right in any
industrial zone, and shall be allowed by special 'permit only in the agricultural zone. No Large
Scale solar energy system installations shall be constructed or installed in any residential or
business zone.
C. Special Permit`
Large Scale solar energy system installations shall be allowed by special permit only in the
agricultural zone. The City Council shall be the special permit granting authority and shall
include as part of its special permit review and proceedings all the provisions and requirements
of the site plan review. The City Council shall consider the following criteria in determining
whether to grant a special permit:
l . That the use is in harmony with the general purpose and intent of the zoning ordinances
of the Town of Agawam;
2. That the use is in an appropriate location and is not significantly detrimental to the
neighborhood and does not significantly alter the character of the neighborhood;
Page 3 of 10
3. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use; and
4. That the proposed use would not be detrimental or offensive to the adjoining zoning
districts and neighboring properties due to the effects of lighting, odors, smoke, noise,
sewage, refuse materials and/or other visual nuisances.
d. Building Permit
No Large Scale solar energy system installation shall be constructed, installed or modified as
provided in this ordinance without first obtaining Site Plan _Approval by the Planning Board
and then a special permit from the City Council [if necessary] and finally a building permit.
§180-153 Site Plan Review
All Large Scale solar energy system installations shall undergo_ site, plan review as outlined in
§180-13 of the Code of the Town of Agawam prior to construction, installation or modification
of the facility as provided in this ordinance. The total area of Large Scale solar energy systems
shall include the total of all areas where the solar panels are installed, all appurtenant and
accessory buildings, access roads, landscaping and visual screening elements.
Required Documents
In addition to the required site plan content described in §180-13 of the Code of the Town of
Agawam, the project proponent shall provide the following additional documents and
information to the Planning Board. The 'Planning Board may waive any of these requirements
as it deems appropriate.
a. A site plan showing;
i. property lines and physical features, including roads for the project site,
wetlands, wildlife corridors and other relevant features;
ii., location and approximate height of existing and proposed tree cover,
including any trees on public property that are approximated to be
seventy-fiveyears and older or with a diameter of thirty-six 'inches or
greater;
ill. proposed changes to the site, including proposed ;roads, grading,
vegetation <clearing and planting, parking areas, exterior lighting,
screening vegetation and all structures;
Page 4 of 10
iv. elevations of the solar energy system installation including the proposed
layout of the system and ;any potential shading from structures and
vegetation, including those on abutting properties;
V. a three -line electrical diagram detailing the solar energy system
installation, associated components, and electrical interconnection
methods, with all national electrical code compliant disconnects and
overcurrent devices;
A. documentation of the major system components to be used, including the
photovoltaic panels, mounting system and inverter;
vii. name, address, and contact information for the proposed system installer;
v L name, address, and contact information for the project proponent, as well
as, all co -proponents and property owners, if any;
ix, the name and contact information of any agents representing the project
proponent;
X. documentation of actual or proposed access and control of the project site;
xi. an operation and maintenance plan for the proposed project;
xiL the location of active farmland and prime farmland soils, wetlands,
permanently protected open space, priority habitat areas and critical
natural landscape core habitat areas as set forth by the Natural Heritage
and Endangered Species Program (NHESP) and "important Wildlife
Habitat mapped by the Massachusetts DEP; and
Ail. locations of any local or national historic districts.
b. Proof of property and liability insurance consistent with industry standards for
the proposed facility
C. Description of financial surety consistent with this ordinance; and
d. A public outreach plan, including a project development timeline, which indicates
how the project proponent will inform and educate abutters and the community
about the project.
All plans shall be prepared, stamped and signed by a Professional Engineer licensed in the
Commonwealth of Massachusetts.
§180-154 Site Control, Operation and Maintenance Plan, and Utility Notification
a. The project proponent shall submit documentation of actual or proposed access
and control of the project site sufficient to allow for the construction and
operation of the proposed Large Scale solar energy system installation.
Page 5 of 10
b. The project proponent shall submit a plan for the operation and maintenance of
the Large Scale solar energy system installation, which shall include measures for
maintaining safe access to the installation, storm water controls, as well as,
general procedures for operational maintenance of the installation.
C. The project proponent shall submit evidence that the utility company that operates
the electrical distribution system grid where the installation is to be located has
been informed of the proposed Large Scale solar energy system installation. Off
grid Large Scale solar energy system installations shall be exempt from this
requirement.
§180-I55 Dimension and Density Requirements
a. Setback and Height Requirements
The setbacks for Large Scale solar energy system installations, including
appurtenant structures and parking areas, shall be at least seventy-five (75) feet
from any property boundary. The setback areas shall not be included in the
calculation of the size of the Large Scale solar energy system installations. The
height of any Large Scale solar energy system installation or any appurtenant
structure shall comply with the height requirements contained in the Code of the
Town of Agawam for the zone in which the installation is located.
b. Lot Coverage
The lot coverage requirements of §180-58 of the Code of the Town of Agawam
shall not apply to Large Scale solar energy system installations.
c., Appurtenant Structure
All appurtenant structures to Large Scale solar energy system installations shall
comply with the requirements of the Code of the Town of Agawam. All such
appurtenant structures include, but are not limited to, equipment shelters, storage
facilities, transformers, and substations.
§180-156 Design, Safety, and Environmental Standards
a. Lighting
Lighting of Large Scale solar energy system installations shall be consistent with
local, state and federal law. Lighting of other parts of the installation, such as
appurtenant structures, shall be limited to that required for safety and operational
purposes, and shall be reasonably shielded from abutting properties. Lighting of
the Large Scale solar energy system installations shall be directed downward and
shall incorporate all feasible measures to reduce light pollution.
Page 6 of 10
b. Signage
Any signs on Large Scale solar energy system installations and property shall
comply with Article X111 of the Code of the Town of Agawam. A sign shall be
required which shall identify the owner and provide a 24-hour emergency contact
phone ;number. Large Scale solar energy system installations shall not be used for
displaying any advertising except for reasonable identification of the manufacturer
or operator of the Large Scale solar energy system installation.
c. Utility Connections
Reasonable efforts, as determined by the Planning Board during the site plan
review, shall be made to place all utility connections from the Large Scale
solar energy system installation underground, depending on appropriate soil
conditions, shape, and topography of the site and any requirements of the
utility provider. Electrical transformers for utility interconnections may be
aboveground if required by the utility provider.
d. Landscaping
All land associated with the Large Scale solar energy system installations shall
be covered and grown in natural vegetation. All ground surface areas beneath
solar arrays and setback areas shall be pervious to maximize on -site infiltration
of storm water. Impervious paving of areas beneath solar arrays is prohibited.
To the greatest extent feasible, a diversity of plant species, including both
deciduous and coniferous plantings, shall be used, with preference given to
species that are native to New England. All original plantings shall be at least six
(6) feet high. All plantings shall be maintained annually, and herbicides shall be
applied only by properlylicensed personnel in conformance with all applicable,
state and federal laws.
e. Parking and access
Reasonable on -site parking is required for vehicles that will service the
installation only.
L Visual Impact Mitigation
The plan for a Large Scale solar energy system installation shall be designed to
maximize the preservation of on -site and abutting natural and developed features.
In undeveloped areas, existing vegetation shall be retained to the greatest extent
feasible, especially where such vegetation provides a benefit to the natural
environment. In developed areas, the design of the Large Scale solar energy
system installation shall consider and incorporate contextual landscaping and
landscape amenities that complement the physical features of the site and abutting
properties. To the greatest extent feasible, structures should be screened' from
view by vegetation and/or joined or clustered to avoid adverse visual impacts and
be architecturally compatible with :each other. Vegetation shall be of varieties
Page 7 of lO
native to New England. Vegetative screening shall reach a mature form to
effectively screen the installation within five years of installation. The mature
height of the vegetated screening shall be such that the installation's structures are
not apparent to a person upon any public road and viewing the installation from a
height of eight (8) feet. Planting of the vegetative screening shall be completed
prior to final approval of the Large Scale solar energy system installation by the
Building Inspector.
g, Emergency Services
Theowneror operator of the Large Scale solar energy system installation shall
provide a copy of the project summary, electrical schematic, and site plan to the
Agawam Fire Department. Upon request, the owner or operator shall cooperate
with local emergency services in developing an emergency response plan. All
means of disconnecting the Large Scale solar energy system installation shall be
clearly marked. The owner or operator shall identify and provide contact
information for a person who is responsible for responding to all public and
emergency inquiries related to the installation. This information shall be updated
as needed.
h. Land Clearing, Soli Erosion and Habitat Impacts
Clearing of natural vegetation shall be limited to that which is necessary for the
construction, operation and maintenance of the ;Large Scale solar energy
system installation or otherwise prescribed by applicable laws, regulations, and
ordinances. Sufficient vegetation shall be maintained to minimize soil erosion.
Large Scale solar energy system installations shall be installed only upon water
permeable surfaces as approved during site plan review.
i. Preservation of Trees
Large Scale solar energy system installations shall be designed and constructed to
preserve and maintain the health and root systems of significant trees on public
property that are approximated to be seventy-five years ;and older or with a
diameter of thirty-six inches or greater.
j. Wildlife Corridors
Large Scale solar energy system installations shall be designed and constructed to
minimize the impacts on wildlife corridors.
k, Sound Levels
Sound levels under normal operating conditions of the Large Scale solar energy
system installation measured at the boundary of the lot on which the installation in
sited shall not be more than ten decibels greater than would otherwise exist in the
absence of the facility.
Page 8 of 10
I. Hazardous Materials
Hazardous materials that are stored, used, or generated on site shall not exceed the
amount for a very small quantity generator of hazardous waste as defined by
Massachusetts DEP and shall meet all applicable requirements, including storage
of hazardous materials in a building with an impervious floor that is not adjacent
to any floor drains to prevent discharge to the outside environment. If hazardous
materials are utilized within the solar electric equipment, then impervious
containment areas capable of controlling any release to the environment and to
prevent potential contamination of groundwater are required.
m. IndependentEngineer
Upon request of the Planning Board, the proponent shall pay for a licensed third -
party independent engineer selected by the Planning Board to assist the Planning
Board in its review of submitted materials.
§180-157 Monitoring and Maintenance
a. Solar Photovoltaic Installation Conditions
The owner or operator of -a Large Scale solar energy system installation shall
maintain the facility in good condition. Maintenance shall include, but not be
limited to, painting, structural repairs, landscaping and integrity of security
measures. Site access shall be maintained to, a level' acceptable to the Agawam
Fire Chief, Building Inspector and Town's Electrical Inspector. The owner or
operator shall be responsible for the cost of maintaining the installation and any
access road, unless accepted as a public way.
b. Modifications
All material modifications to a Large Scale solar energy system installation made
after issuance of the required building permit shall require site plan approval by
the Planning Board.
e. Removal Requirements and Abandonment
it Abandonment
Absent notice of a proposed date of decommissioning or written notice of
extenuating circumstances, a Large Scale solar energy system installation shall
be considered abandoned when it fails to operate for more than one year
without a written waiver by the Planning Board. if the owner or operator of a
Large Scale solar energy system installation fails to remove the installation in
accordance with the requirements of this section within one hundred fifty (150)
days of abandonment or the ,proposed date of decommissioning, the Town or
its agents may enter the property and physically remove the installation, the
full cost of which shall be the responsibility of the owner or operator.
Page 9 of 10
ii. Removal Requirements
Any Large Scale solar energy system installation which has reached the end of
its useful life or has been deemed abandoned consistent with this ordinance
shall be removed. The owner or operator shall physically remove the
installation no more than one hundred fifty days after the date of discontinued
operations. The owner or operator shall notify the Planning Board by certified
mail of the proposed date of discontinued operations and plans for removal.
Decommissioning shall consist of:
1. physical removal of all solar photovoltaic installations,, structures,
equipment, security barriers and electrical lines from the site;
2. disposal of all solid and hazardous waste in accordance with local, state,
and federal waste disposal regulations;
3. stabilization and re -vegetation of the site as necessary to minimize erosion;
and
A. the Planning Board may allow the owner or operator to leave landscaping
or designated below -grade foundations to minimize erosion and disruption
to vegetation.
§180-158 Financial Surety
The project proponent of Large Scale solar energy system installations shall provide a form of
surety, either through escrow account, bondor line of credit from a creditable financial
institution, in an amount sufficient to cover the cost of removal in the event the Town of
Agawam deems the Large Scale solar energy system installation to be abandoned and must
remove the installation and remediate the landscape. The amount and form of the surety shall be
determined to be reasonable by the Planning Board, but in no event should exceed more than one
hundred ten percent of the cost of removal and compliance with the additional requirements set
forth herein, as determined by the project proponent. Such surety is not required for
municipally -owned or state-owned facilities. The project proponent shall submit a fully
inclusive estimate of the costs associated with removal prepared by a qualified engineer. The
amount shall include a mechanism ;for calculating increased removal costs due to inflation.
Page 10 of 10
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ARTICLE XXI: SOLAR ENERGY SYSTEMS
§I80-146 Purpose
The purpose of this ordinance is to promote the reasonable regulation of solar energy systems
including commercial ground mounted solar energy installations by providing standards for the
placement, design, construction, operation, monitoring, modification and removal of such
installations that address public health, safety, and welfare and minimizes impacts on scenic,
natural and historic resources and provides adequate financial assurance for the eventual
decommissioning of such installations.
§1W 147 Definitions
Photovoltaic System. An active solar energy system that converts solar energy directly into
electricity.
Rated Nameplate Capacity. The maximum rated output of electric power production of the
photovoltaic system in watts of Direct Current (DC).
Solar Ener . Radiant energy received from the sun that can be collected in the form of heat or
light by a solar collector.
Solar Energy System. stem. A device or structural design feature, a substantial purposeofwhich is to
provide daylight for interior lighting or provide for the collection, storage and distribution of
solar energy for space heating or cooling, electricity generation, or water heating.
Solar Energy System, Building integrated. A solar energy system that is directly incorporated
into the building by replacing typical building materials.
Solar Energy^System, Ground -Mounted. An Active Solar Energy System that is structurally
,mounted to the ground and is ;not roof -mounted; may be of any size (small-, medium- or large-
scale).
Solar Energy System. Large -Scale. An Active Solar Energy System that occupies more than one
acre of surface area (equivalent to a rated nameplate capacity of about 25OkW DC or greater).
Solar Energy System, Medium -Scale. An Active Solar Energy System that occupies more than
1,750 square feet of surface area but less than one acre of surface area (equivalent to a rated
nameplate capacity of about 10 - 250 kW DC).
Pagel of 10
Solar Energy SysteM „ Of --Grid. A photovoltaic solar energy system in which the circuits
energized by the solar energy system are not electrically connected in any to electric circuits
that are served by an electric utility.
Solar EngU System, Roof -Mounted. An Active Solar Energy System that is structurally
mounted to the roof of a building or structure; may be of any size (small-, medium- or large-
scale).
Solar Energy System, Small -Scale. An Active Solar Energy System that occupies 1,750 square
feet of surface area or less (equivalent to a rated nameplate capacity of about 10 M DC or less).
§180-148 Solar Energy Systems
See the USE TABLE for allowed principal and accessory uses in all zoning districts.
§180-149 Solar Energy Systems, Building -integrated, Roof -mounted and Small Scale
Building -integrated solar energy systems, Roof -mounted solar energy systems and Small Scale
solar energy +systems are allowable as an accessory use in all zoning districts, subject to the
following requirements:
1. Height. Roof -mounted solar energy systems shall not project beyond three feet above the
peak of the roof and shall - not be more than three feet above the roof surface to which
they are attached.
2 Setback. Roof -mounted solar energy systems ;shall comply with all building setbacks in
the applicable zoning district and shall not extend beyond the exterior perimeter of the
building on which the system is mounted.
3. Coverage. Roof -mounted solar energy systems shall not cover more than ninety percent
of the total area of the roof.
4. Exempt. Building integrated solar energy systems are exempt from the requirements of
this section and shall be regulated as any other building' element.
5 Certifications. Roof -mounted and Building -integrated solar energy system components
shall be certified by Underwriters Laboratories 'Inc. and the Solar Rating and Certification
Corporation. The town reserves the right to deny a building permit for proposed solar
energy systems deemed to have inadequate certification.
b. Aesthetics. All Roof -mounted and wilding -integrated solar energy systems shall use
colors that blend with the color of the roof or other structures. Reflection angles from
collector surfaces shall be oriented so as not to interfere with the use and enjoyment of
other properties. Where necessary, screening may be required to address glare.
Page 2 of 10
§180-150 Solar Energy System, Medium Scale
All Medium Scale solar energy system installations shall undergo site plan review as outlined in
§180-13 of the Code of the Town of Agawam prior to construction, installation or modification
of the facility. The total area of Medium Scale solar energy structures shall include the total of
all areas where the solar panels are installed, all appurtenant and accessory buildings, access
roads, landscaping and visual screening elements.
§180-151 Solar Energy System, Large Scale
The balance of this ordinance shall apply to Large Scale solar energy system installations
which measure one (l ) acre and larger. The area included for determining whether a
proposed installation is a Large Scale solar energy system is contained in § 180-153 below.
The provisions of this ordinance shall not apply to land owned by the Town of Agawam.
§180-152 General Requirements for Large Scale Solar Energy System Installations
a. Compliance with Laws, Ordinances and Regulations
The construction and operation of all Large Scale solar energy installations shall be consistent
with all applicable local, state and federal requirements, including but not limited to all
applicable safety, construction, electrical, and communications requirements. All buildings and
fixtures forming part of a Large Scale solar energy system installation shall be constructed in
accordance with the state building code and any other applicable state and federal laws.
b Location
Large Scale solar energy system installations shall be allowed as a matter of right in any
industrial zone, and shall be allowed by special permit only in the agricultural zone. No Large
Scale solar energy system installations shall be constructed or installed in any residential or
business zone.
C. Special Permit
Large Scale solar energy system installations shall be allowed by special permit only in the
agricultural zone. The City Council shall be the special permit granting authority and shall
include as part of its special permit review and proceedings all the provisions and requirements
of the site plan review. The City Council shall consider the following criteria in determining
whether to grant a special permit:
1. That the use is in harmony with the general purpose and intent of the zoning ordinances
of the Town of Agawam
2. That the use is in an appropriate location and is not significantly detrimental to the
neighborhood and does not significantly alter the character of the neighborhood;
Page 3 of 10
3. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use; ,and
4. That the proposed use would not be detrimental or offensive to the adjoining zoning
districts and neighboring properties due to the effects of lighting, odors, smoke, noise,
sewage, refuse materials and/or other visual nuisances.
d. Building Permit
No Large Scale solar energy system installation shall be constructed, installed or modified as
provided in this ordinance without first obtaining Site Plan Approval by the Planning Board
and then a special permit from the City Council [if necessary] and finally a building permit.
§150-153 Site Plan Review
All Large Scale solar energy system installations shall undergo site plan review as outlined in
§180-13 of the Code of the Town of Agawam prior to construction, installation or modification
of the facility as provided in this ordinance. The total area of Large Scale solar energy systems
shall include the total of all areas where the solar panels are installed, all appurtenant and
accessory buildings,; access roads, landscaping and visual screening elements.
Required Documents
in addition to the required site plan content described in §IW13 of the Code of the Town of
Agawam, the project proponent shall provide the following additional documents and
information to the Planning Board. The Planning Board may waive any of these requirements
as it deems appropriate.
a. A site plan showing:
i. property lines and physical features, including roads for the project site,
wetlands, wildlife corridors and other relevant features;
ff. location and ;approximate height of existing and proposed tree cover,
including any trees on public property that are approximated to be
seventy-five years and older or with a diameter of thirty-six inches or
inter;
ill. proposed changes to the site, including proposed roads, grading,
vegetation clearing and planting, parking areas, exterior lighting,
screening vegetation and all structures;
Page 4 of 10
Iv. elevations of the solar energy system installation including the proposed
layout of the system and any potential shading from structures and
vegetation, including those on abutting properties;
V. a three -line electrical diagram detailing the solar energy system
installation, associated components, and electrical interconnection
methods, with all national electrical code compliant disconnects and
overcuirent devices;
A documentation of the major system components to be used, including the
photovoltaic panels, mounting system and inverter;
vii, name, address, and contact information for the proposed system installer;
QL name, address, and contact information for the project proponent, as well
as, all co -proponents and property owners, if any;
ix. the name and contact information of any agents representing the project
proponent;
X. documentation of actual or proposed access and control of the project site
A an operation and maintenance plan for the proposed project;
A. the location of active farmland and prime farmland soils, wetlands,
permanently protected open space, priority habitat areas and critical'
natural landscape core habitat areas as set forth by the Natural Heritage
and Endangered Species Program (NHESP) and "important Wildlife
Habitat" mapped by the Massachusetts-UEP, and
xiii. locations of any local or national historic districts.
b. Proof of property and liability insurance consistent with industry standards for
the proposed facility;
C. Description of financial surety consistent with this ordinance; and
d. A public outreach plan, including a project development timeline, which indicates
how the project proponent will inform and educate abutters and the community
about the project.
All plans shall be prepared, stamped and signed by a Professional Engineer licensed in the
Commonwealth of Massachusetts.
§180-154:Site Control, Operation and Maintenance Plan, and Utility Notification
a. The project proponent shall submit documentation of actual or proposed access
and control of the project site sufficient to allow for the construction and
operation of the proposed Large Scale solar energy system installation.
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b.; The project proponent shall submit a plan for the operation and maintenance of
the Large Scale solar energy system installation, which shall include measures for
maintaining safe access to the installation, storm water controls, as well as,
general procedures for operational maintenance of the installation.
c. The project proponent shall submit evidence that the utility company that operates
the electrical distribution system ;grid where the installation is to be located has
been informed of the proposed Large Scale solar energy system installation. Off -
grid Large Scale solar energy system installations shall be exempt from this
requirement.
§180-155 Dimension and Density Requirements
a. Setback and Height, Requirements
The setbacks for Large Scale solar energy system installations, including
appurtenant structures and parking areas, shall be at least seventy-five (75) feet
from any property boundary. The setback areas shall not be included in the
calculation of the size of the Large Scale solar energy system installations. The
height of any Large Scale solar energy system installation or any appurtenant
structure shall comply with the height requirements contained in the Code of the
Town of Agawam for the zone in which the installation is located.
b. Lot Coverage
The lot coverage requirements of §180-58 of the Code of the Town of Agawam
shall not apply to Large Scale solar energy system installations.
c. Appurtenant Structure
All appurtenant structures to Large Scale solar energy system installations shall
comply with the requirements of the Code of the Town of Agawam. All such
appurtenant structures include, but are not limited to, equipment shelters, storage
facilities, transformers, and substations.
§190-156 Design, Safety, and Environmental Standards
a. Lighting
Lighting of Large Scale solar energy system installations; shall be consistent with
local, state and federal law. Lighting of other parts of the installation, such as
appurtenant structures, shall be limited to that required for safety and operational
purposes, and shall be reasonably shielded from abutting properties. Lighting of
the Large Scale solar energy system installations shall be directed downward and
shall incorporate all feasible measures to reduce light pollution.
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b. Signage
Any signs on Large Scale solar energy system installations and property shall
comply with Article XIII of the Code of the Town of Agawam. A sign shall be
required which shall identify the owner and provide a 24-hour emergency contact
phone number. Large Scale solar energy system installations shall not be used for
displaying any advertising except for reasonable identification of the; manufacturer
or operator of the Large Scale solar energy system installation.
c. Utility Connections
Reasonable efforts, as determined by the Planning Board during the site plan
review, shall be made to place all utility connections from the Large Scale
solar energy system installation underground, depending on appropriate soil
conditions, shape, and topography of the site and any requirements of the
utility provider. Electrical 'transformers for utility interconnections may be
above ground if required by the utility provider.
d. Landscaping
All land associated with the Large Scale solar energy system installations shall
be covered and grown in natural vegetation. All ground surface areas beneath
solar arrays and setback areas shall be pervious to maximize on -site infiltration
of storm water. Impervious paving of areas beneath solar arrays is prohibited.
To the greatest extent feasible, a diversity of plant species, including both
deciduous and coniferous plantings, shall be used, with preference given to
species that are native to New England. All original plantings shall be at least six
(6) feet high. All plantings shall be maintained annually, and herbicides shall be
applied only by properly licensed personnel in conformance with all applicable
state and federal laws.
e. Parking and access
Reasonable on -site parking is required for vehicles that will service the
installation only.
L Visual Impact Mitigation
The plan for a Large Scale solar energy system installation shall be designed to
maximize the preservation of on -site and abutting natural and developed features.
In undeveloped areas, existing vegetation shall be retained to the greatest extent
feasible, especially where such vegetation provides a benefit to the natural
environment. In developed areas, the design of the Large 'Scale solar energy
system installation shall consider and incorporate contextual landscaping and
landscape amenities that complement the physical features of the site and abutting
properties. To the greatest extent feasible, structures should be screened from
view by vegetation and/or joined or clustered to avoid adverse visual impacts and
be architecturally compatible with each other. Vegetation shall be of varieties
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native to New England. Vegetative screening shall reach a mature form to
effectively screen the installation within five years of installation. The -mature
height of the vegetated screening shall be such that the installation's structures are
not apparent to a person upon any public road and viewing the installation from a
height of eight (8) feet. Planting of the vegetative screening shall be completed
prior to final approval of the Large Scale solar energy system installation by the
Building Inspector.
g. Emergency Services
The owner or operator of the Large Scale solar energy system installation shall
provide a copy of the project; summary, electrical schematic, and site plan to the
Agawam Fire Department. Upon request, the owner or operator shall cooperate
with local emergency services in developing an emergency response plan. All
means of disconnecting the Large Scale solar energy system installation shall be
clearly marked. The owner or operator shall identify and provide contact
information for a person who is responsible for responding to all public and
emergency inquiries related to the installation. This information shall be updated
as needed.
h. Land Clearing, Sail Erosion and Habitat Impacts
Clearing of natural vegetation shall be limited to that which is necessary for the
construction, operation and maintenance of the Large Scale solar energy
system installation or otherwise prescribed by applicable laws, regulations, and
ordinances. Sufficient vegetation shall be maintained to minimize soil erosion.
Large Scale solar energy system installations shall be installed only upon water
permeable surfaces as approved during site plan review.
i Preservation of Trees
Large Scale solar energy system installations shall be designed and constructed to
preserve and ;maintain the health and root systems of significant trees on public'
property that are approximated to be seventy-five years and older or with a
diameter of thirty-six inches or greater.
J. Wildlife Corridors
Large Scale solar energy system installations shall be designed and constructed to
minimize the impacts on wildlife corridors.
k. Sound Levels
Sound levels under normal operating: conditions of the Large Scale solar energy
system installation measured at the boundary of the lot on which the installation in
sited shall not be more than ten decibels ,greater than would otherwise exist in the
absence of the facility.
Page 8 of 10
1. Hazardous Materials
Hazardous materials that are stored, used, or generated on site shall not exceed the
amount for a very small quantity generator of hazardous waste as defined by
Massachusetts DEP and shall meet all applicable requirements, including storage
of hazardous materials in a building with an impervious floor that is not adjacent
to any floor drains to prevent discharge to the outside environment. If hazardous
materials are utilized within the solar electric equipment, then impervious
containment areas capable of controlling any release to the environment and to
prevent potential contamination of groundwater are required.
in. Independent; Engineer
Upon request of the Planning Board, the proponent shall pay for a licensed third
party independent engineerselected by the Planning Board to assist the Planning
Board in its review of submitted materials.
§180-157 Monitoring and Maintenance
a. Solar Photovoltaic Installation Conditions
The owner or operator of a Large Scale solar energy system installation shall
maintain the facility in good condition. Maintenance shall include, but not be
limited to, painting, structural repairs, landscaping and integrity of security
measures. Site access shall be maintained to a level acceptable to the Agawam
Fire Chief, Building Inspector and Town's Electrical Inspector. The owner or
operator shall be responsible for the cost of maintaining the installation and any
access road, unless accepted as a public way.
b. Modifications
All material modifications to a Large Scale solar energy system installation made
after issuance of the required building permit shall require site plan approval by
the Planning Board.
c. Removal Requirements and Abandonment
1. Abandonment
Absent notice of a proposed date of decommissioning or written notice of
extenuating circumstances, a Large Scale solar energy system installation shad
be considered' abandoned when it fails to operate for more than one year
without a written waiver by the Planning Board. If the owner or operator of a
Large Scale solar energy system installation fails to remove the installation in
accordance with the requirements of this section within one hundred fifty ( 150)
days of abandonment or the proposed date of decommissioning, the Town or
its agents may enter the property and physically remove the installation, the
full cost of which shall be the responsibility of the owner or operator.
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H. Removal Requirements
Any Large Scale solar energy system installation which has reached the end of
its useful life or has been deemed abandoned consistent with this ordinance
shall be removed. The owner or operator shall physically remove the
installation no more than one hundred fifty days after the date of discontinued
operations. The owner or operator shall notify the Planning Board by certified
mail of the proposed date of discontinued operations and plans for removal.
Decommissioning shall consist of:
1. physical removal of all solar photovoltaic installations, structures,
equipment,; security barriers and electrical lines from the site;
2. disposal of all solid and hazardous waste in accordance with local, state,
and federal waste disposal regulations;
3. stabilization and re -vegetation of the site as necessary to minimize erosion;
and
4. the Planning Board may allow the owner or operator to leave landscaping
or designated below -grade foundations to minimize erosion and disruption
to vegetation.
§180-158 Financial Surety
The project proponent of Large Scale solar energy system installations shall provide a form of
surety, either through escrow account, bond or line of credit from a creditable financial
institution, in an amount sufficient to cover the cost of removal ;in the event the Town of
Agawam deems the Large Scale solar energy system installation to be abandoned and must
remove the installation and remediate the landscape. The amount and form of the surety shall be
determined to be reasonable by the Planning Board, but in no event should exceed more than one
hundred ten percent of the cost of removal and compliance with the additional requirements set
forth herein, as determined by the project proponent. Such surety is not required for
municipally -owned or state-owned facilities. The project proponent shall submit a fully
inclusive estimate of the costs associated with ;removal prepared by a qualified engineer. The
amount shall include a mechanism for calculating increased removal costs due to inflation.
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