8574_ZONING AMENDMENT TOWN COUNCIL HEIGHT ORDINANCE �67q
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a TOR-08-2a '
AN ORDINANCE AMENDING SECTION 180-49; ADDING
SECTION 180-49A AND AMENDING SECTION 180-2
OF THE CODE OF THE TOWN OF AGAWAM
GOVERNING HEIGHT OF AMUSEMENT DEVICES
IN AMUSEMENT PARKS IN THE BUSINESS B ZONE
WHEREAS, Six Flags operates the sole amusement park in the Town of
Agawam;
WHEREAS, Six Flags has numerous amusement devices in its
amusement park which exceed forty-five (45) feet in height;
WHEREAS, Six Flags is desirous of shortening the permitting process
relative to the construction of new amusement devices which exceed forty-five
(45) feet in height;
WHEREAS, it is in the best interests of the Town of Agawam to modify the
existing town ordinances relative to allowed height of amusement devices in
amusement parks; and
NOW THEREFORE, BE 1T RESOLVED BY THE AGAWAM TOWN
COUNCIL that the following changes be made to Chapter 180 of the Code of the
Town of Agawam:
1. 180-49 entitled "Height regulations" is hereby amended to
read as follows:
1180-49. Height regulations. A business building or structure shall not be
erected or altered to a height in excess of three stories or.more than forty five
(45) feet except as expressly provided herein and in §180-49A. These provisions
shall not apply to chimneys, flag or radio poles, water tanks, hose towers or
required bulkheads or elevator penthouses. A residence building shall comply
with the height provisions for Residence B Districts. Heights of other buildings or
structures permitted in §180-48A shall not exceed the heights permitted in
Residence B Districts. Notwithstanding the foregoing, §180-49A shall govern the
height of amusement devices which constitute part of an amusement park."
0
2. The following 080-49A entitled "Height regulations —
Amusement Parks" is hereby added:
1180-49A. Height regulations — Amusement Parks.
A. An amusement device which constitutes part of an amusement park and
which is situated more than two hundred fifty (250) feet from the street line and
any side lot line shall not be erected or altered to a height in excess of two
hundred (200) feet, except as expressly provided herein. An amusement device
which constitutes part of an amusement park and which is situated within two
hundred fifty (250) feet from the street line or any side lot line shall not be erected
or altered to a height in excess of forty five (45) feet, except as expressly
provided herein. Notwithstanding the foregoing, an amusement device which
constitutes part of an amusement park may exceed the height limitations
contained herein only after issuance of a special permit by the Board of Appeals.
B. Notwithstanding the foregoing, any applicant seeking to erect or alter an
amusement device to a height in excess of forty five (45) feet shall be required to
send notice by certified mail, postage prepaid, to the abutters and owners of land
within three hundred (300) feet of the property lines as they appear on the most
recent applicable tax list, including those in another city or town. Such notice
shall inform such abutters and owners of land of the date, time and location of
the Planning Board's public meeting as required under §180-13 C (4) hereof for
the applicant's site plan for the proposed amusement device. Such notice shall
be sent at least ten (10) days prior to the Planning Board's public meeting and
such notice shall be prepared and mailed by the applicant."
3. The following definition for "AMUSEMENT DEVICE" is added
to 180-2 B is hereby added:
"AMUSEMENT DEVICE. A fixed or portable mechanical device similar to, but
not limited to Ferris wheels, carousals, rock walls, euro-bungee or similar devices,
inclined railways or similar devices, including inflatables, challenge courses, and
artificial climbing structures, as well as amusement devices as defined by the
American Society for Testing and Materials International."
4. The definition for "AMUSEMENT PARK" as contained in�_1.80-2
B is hereby amended to read:
"AMUSEMENT PARK — A commercially operated park with a predominance of
amusement devices and outdoor entertainment activities, such outdoor
entertainment activities shall include shows or games of skill or chance, water
slides, miniature golf, batting cages, revolving wheels, merry-go-rounds, giant
swings, panoramas, musical and theatrical entertainment, whether carried on,
engaged in or conducted as one enterprise or by several concessionaires, and
whether an admission fee is charged for admission to all such amusement
devices and outdoor entertainment activities, or a separate fee for admission is
charged for each amusement device and outdoor entertainment activity."
PER ORDER OF THE AGAWAM CITY COUNCIL
3
r, President
� r,7- c-'o "re.5e., Ac_-�v-3 F,-Q-- ��•�
APPROVED AS TO FORM AND LEGALITY
f
Christopher C. Joy son, City Solicitor
MAYORAL ACTION
Received this (�— day of , 2008 from Town Council Clerk.
Signed by Council President this day of Q Ql11'k-M, 2008.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby approve the passage of the above legislation on this 'To day of
N1)O , 2008.
1
Susan R. Dawson, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section.'3-6 of the Agawam Charter, as
amended, I hereby veto the passage of the above legislation on this day of
, 2008 for the following reason(s):
Susan R. Dawson, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Retun7ed to Council Clerk this day of bt1 _, 2008.
•
r
Town of Agawam
li ,�• 36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
CO
September 22, 2008
`a
•V i
Gina M. Letellier, President
Cecilia Calabrese,Vice President
Paul Cavallo, Councilor
George Bitzas, Councilor
Jill Messick, Councilor
Joseph- Mineo, Councilor
Dennis Perry, Councilor
Donald M. Rheault, Councilor
Robert Rossi, Councilor
Jill Simpson, Councilor
Robert M. Young , Councilor
Agawam Town Council
36 Main Street
Agawam, MA 01001
Dear Councilors:
At its duly called meeting held on September 18, 2008, the Agawam Planning Board voted three
(3) in favor and one (1) opposed to send a negative recommendation to the Town Council
regarding TOR-08-2 an ordinance amending Section 180-49; adding Section 180-49A and
amending Section 180-2 of the Code of the Town of Agawam governing the height of
amusement devices in amusement parks in the Business B zone. The Planning Board felt it did
not have adequate.information to send a positive recommendation to the Council. Clarification
on the following issues would be necessary in order for the Planning Board to make a well-
informed decision:
1. There was no information supporting the choice of 150' as the buffer. Concern had been
expressed by the public that noise emanating from a ride may negatively impact the
abutting properties. The Board questioned whether 150'would be adequate to buffer or
lessen the sound.
2. During the public hearing it was stated that, due to statutory requirements, the length of
time for the Board of Appeals to act on an application would prevent Six Flags from
being able to construct a new ride before opening in the Spring. The Board would have
found it helpful to see how long past applications to the Board of Appeals have taken.
Discussion of ways to expedite the existing permitting process should have been
explored.
3. The Planning Board questioned that if the amendment passed and the Planning Board
were to be the only Board to take action on new rides, do Agawam's sound regulations
provide adequate authority for the Board to control excessive noise levels? The Board
was concerned that Agawam's sound regulations are currently inadequate.
If you have any questions concerning the Planning Board's vote,please do hesitate to contact the
Planning Office at 786-0400, extension 283.
Sincerely,
Violet Baldwin, Acting Chairman
Agawam Planning Board
cc: Clerk
Mayor
Solicitor
Board of Appeals
Building
File
Agawam Police - • ,
M e
To: Planning Board
From: Sgt. Richard Niles
CC: Chief Robert Campbell
Date: September 9,2008
Re: TOR-08-2 Height Ordinance
This proposed zoning amendment would appear not to fall within the scope of the police department's
duties and responsibilities.
Respectfully Submitted Reviewed&Approved by
n 4LA
Sgt. R. Niles Lt. Eric Gillis
Safety Offices
�.
t
L Agawam Police Department
Me ,1,110
TO: Office of Planning &Community Development
From: Sgt, Richard Niles
CC: Chief Robert Campbell
Date: September 9,2008
R« TOR-08-2 Height Ordinance
This proposed zoning amendment would appear not to fall within the scope of the police departments
duties and responsibilities.
Respectfully Submitted Reviewed &Appro r
by
-,4V(- 0, `�"V I-e-
Sgt. R. Niles Lt. Eric Gillis
Safety Officer
1
LEGAL NOTICE
TOWN OF AGAWAM
PLANNING BOARD
The Agawam Planning Board will hold a public hearing on Thursday, September 18, 2008 at
7:00 PM in the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this
hearing will be to hear the petition of the Agawam Town Council on a proposed zoning o
amendment to Section 180-49 and Section 180-2 of the Agawam Zoning Ordinance regarding
height of amusement devices in amusement parks in the Business B zone. A copy of the -o
proposal can be obtained from the Agawam Planning Office between the hours of 8:30 A"d
4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA. y
BY ORDER OF: ? c y
Travis Ward, Chairman
Agawam Planning Board
(Ad to be run 9/4/08 & 9/11/08)
cc: Planning Boards in:
Westfield
West Springfield
Suffield
Southwick
Springfield
Pioneer Valley Planning Commission
Department of Housing& Community Development, Boston
Town
of Agawam
'1 ! 36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
MEMO
TO: Building Inspector
Town Solicitor
Engineering/DPW
Safety Officer
Fire Department
Health Department
Conservation Commission
Board of Appeals
School Committee
Assessors
FROM: Planning Board
SUBJECT: Proposed Zoning Amendments (3) - Town Council
DATE: September 3, 2008
The Town Council has submitted to the Planning Board the attached three (3) zoning
amendments: 1) Height Ordinance; 2) Enforcement&Penalties for Violations; and 2) Revised
Sign Ordinance. The Board will be holding three public hearings on Thursday, September 18,
2008. Please submit any comments you may have prior to that date.
Sincerely,
(-7,-,��
�5�
Travis Ward, Chairman
AGAWAM PLANNING BOARD
TW:prk
DepartmentAgawam Law
Memo
To: Agawam Town Council
From: Christopher C. Johnson, Esq.
CC: Susan R. Dawson, Mayor - —
Date: July 31, 2008 —
Re: TOR-08-2 Height Ordinance
The following are the changes I made to TOR-08-2 pursuant to the discussion at the
July 29, 2008 joint meeting of the Ordinance and Zoning Committees:
1. revised the language of§180-49 to indicate that §180-49A-only applies to the height of
"amusement devices" and not to other"business buildings or structures" in amusement
parks;
2. revised the language of §180-49A to ndicate that "amusement devices" may be
erected to a height of 200 feet as a matter of right, provided they are situated more
than 150 feet from the street line and any side lot line;
3. added language in §180-49A that requires the applicant,. when seeking to erect an
amusement device over 45 feet, to send notice by certified mail, postage prepaid, to
the abutters and owners of land within three hundred (300) feet of the property lines as
they appear on the most recent applicable tax list, including those in another city or
town. Such notice shall inform such abutters and owners of land of the date, time and
location of the Planning Board's public meeting as required under§180-13 C (4) hereof
for the applicant's site plan for the pi-oposed amusement device. Such notice shall be
sent at least ten (10) days prior to the Planning Board's public meeting and such notice
shall be prepared and mailed by the applicant;
4. added a definition for "amusement device" to §180-2 B—the definition comes from the
Code of Massachusetts Regulations l itle 520 Department of Public Safety, Chapter
5.00: Amusement Devices; and
5. revised definition of "amusement park" as contained in §180-2 B changing "riding"
device to"amusement" device to create internal consistency in the code.
Please do nit hesitate to contact me with questions.
Very truly yours,
7 �tQ�hhn
TOR-08-2
AN ORDINANCE AMENDING SECTION 180-49; ADDING
SECTION 180-49A AND AMENDING SECTION 180-2
OF THE CODE OF THE TOWN OF AGAWAM
GOVERNING HEIGHT OF AMUSEMENT DEVICES
IN AMUSEMENT PARKS IN THE BUSINESS B ZONE
WHEREAS, Six Flags operates the sole amusement park in the Town of
Agawam; �-
WHEREAS, Six Flags has numerous amusement devices in its
amusement park which exceed forty-five (45) feet in height;
WHEREAS, Six Flags is desirous of shortening the permitting process
relative to the construction of new amusement devices which exceed forty-five
(45) feet in height;
WHEREAS, it is in the best interests of the Town of Agawam to modify the
existing town ordinances relative to allowed height of amusement devices in
amusement parks; and
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN
COUNCIL that the following changes be made to Chapter 180 of the Code of the
Town of Agawam-
1. §180-49 entitled "Height regulations" is hereby amended to
read as follows:
"§180-49. Height regulations. A business building or structure shall not be
erected or altered to a height in excess of three stories or more than forty five
(45) feet except as expressly provided herein and in §180-49A. These provisions
shall not apply to chimneys, flag or radio poles, water tanks, hose towers or
required bulkheads or elevator penthouses. A residence building shall comply
with the height provisions for Residence B Districts. Heights of other.buildings or
structures permitted in §180-48A shall not exceed the heights permitted in
Residence B Districts. Notwithstanding the foregoing, §180-49A shall govern the
height of amusement devices which constitute part of an amusement park."
0 0
2. The following 180-49A entitled "Height regulations —
Amusement Parks" is hereby added:
"§180-49A. Height regulations — Amusement Parks.
A. An amusement device which constitutes part of an amusement park and
which is situated more than one hundred fifty (150) feet from the street line and
any side lot fine shall not be erected or altered to a height in excess of two
hundred (200) feet, except as expressly provided herein. An amusement device
- -which constitutes part of an amusement park and which is situated within one
hundred fifty (150) feet from the street line or any side lot line shall not be erected
or altered to a height in excess of forty five (45) feet, except as expressly
provided herein. Notwithstanding the foregoing, an amusement device which
constitutes part of an amusement park may exceed the height limitations
contained herein only after issuance of a special permit by the Board of Appeals.
B. Notwithstanding the foregoing, any applicant seeking to erect or alter an
amusement device to a height in excess of-forty five (45) feet shall be required to
send notice by certified mail, postage prepaid, to the abutters and owners of land
within three hundred (300) feet of the property lines as they appear on the most
recent applicable tax list, including those in another city or town. Such notice
shall inform such abutters and owners of land of the date, time and location of
the Planning Board's public meeting as required under §180-13 C (4) hereof for
the applicant's site plan for the proposed amusement device. Such notice shall
be sent at least ten (10) days prior to the .Planning Board's public meeting and
such notice shall be prepared and mailed by the applicant."
3. The following definition for "AMUSEMENT DEVICE" is added
to 180-2 S is herebV added:
"AMUSEMENT DEVICE. A fixed or portable mechanical device similar to, but
not limited to ferris wheels, carousals. rock walls, euro-bungee or similar devices,
inclined railways or similar devices, including inflatables, challenge courses, and
artificial climbing structures, as well as amusement devices as defined by the
American Society for Testing and Materials International."
4. The definition for "AMUSEMENT PARK" as contained in §180-2
B is hereby amended to read: T
"AMUSEMENT PARK — A commercially operated park with a predominance of
outdoor games and activities for entertainment, including shows or amusement
devices, games of skill or chance, or any combination of shows, amusement
devices, water slides, miniature golf, batting cages or any combination of several
enterprises, such as revolving wheels, merry-go-rounds, giant swings,
panoramas, musical and theatrical entertainments, or amusement devices,
whether carried on, engaged in or conducted as one enterprise or by several
concessionaires, and whether an admission fee is charged for admission to all
such shows for entertainments, or a separate fee for admission is charged for
each amusement."
PER ORDER OF THE AGAWAM CITY COUNCIL
Gina M. Letellier, President
APPROVED AS TO FORM AND LEGALITY
C!NC
Christopher C. J 0
son, City Solicitor
?.'
September 4,2008 MAWAN ADVERTISER NEWS Page 7
0 t r
ALFRED F. BOOSKA for his valor and bravery on the battle of W& I Construction,Inc., a NASCAR was a member of the Massachusetts
Alfred F. "Al" Booska, 88, of Field as well a final battlefield promotion race fan and owner of a 76X Late Model. Association of Independent Insurance
Agawam, died Friday,Aug. 29 at home. to sergeant first class. He returned to his She leaves her husband of 43 years,John Agents. He belonged to the Sons of Erin
Al was born in Bristol, Vt., the son of home in Feeding Hills where he married W. Johnson; two daughters, Micheline in Westfield and the Old Farts Golf
Joseph and Delia (Patno) Booska, and his wife, Bettyanne and raised four chit- Miki Shea and her husband,John Shea League. He was a communicant of
has lived here since the 1950s. He dren. He was communicant of Valley of Agawam, and Tammijean Johnson of Sacred Heart Church in Springfield and
worked as an appliance repair man retir- Community Church in Feeding Hills, Westfield; a son-in-law,Daniel Romano; a Korean Army veteran. He was prede-
ing.in 1.984 after 15 years with the Sears where his father in-law, Reverend Frank a brother, Giles "Wally" and his wife, ceased by his wife, Jeannette (Limoges)
Corporation. He served in the Pacific Dunn, was the founder; He worked and Barbara Daigneau of Southwick; a sister, Sullivan in 1996, He leaves his longtime
with the United States Army during continued his service to his country as a Priscilla "Patti" Thornton and her part- companion, Jean E. Brusseau of
World War II and was a longtime mem- staff Supervising Officer at the U.S. ner, Bill Donnellan of Feeding Hills; a Agawam; two sons, Stephen G.Sullivan,
ber of the First Baptist Church in Army Reserve Center on East Street in brother, Richard and his wife, LauraLee and Patrick J. and-his wife, Cynthia A.
Agawam. He leaves his wife of 52 years, Springfield. He served the Cacti Brigade Bertram of Blandford; two sisters, Sullivan, all of Westfield; a daughter,
Leona (Kampschroer) Booska; a son, as a Chief Warrant Officer 4. John Cynthia and her husband, Ed Weber of Karen A. --'Van and her partner,
Steven and his wife, Amanda of San
worked hard, but he also loved to enter- Agawam, and Pamela Sulak and her Deborah A a sister and
Francisco; five daughters, Nancy L. tain. John was a semi-professional magi- partner, Steve Hahn of California; five her hurt "nbert
Booska-Velozo and her husband, Bill of cian and performed numerous magic grandchildren, Brandon Johnson, Conway r
Feeding Hills, Elizabeth R. Blood and shows in the greater Western Amanda Shea, Joshua Shea, Jordan children
her husband, Dana of Bradenton, Fla., Massachusetts area. He performed for Shea, and Nikayla Rogers; several Patrick
Marian I. Schindler of Agawam, Betty many youth groups as well as started a nephews and nieces, and many cherished the Ag
Moore and her husband, Larry of Deer local chapter of the Linking Ring. John friends. The funeral was from the in Sa
Park,Calif. and Laloni Normand and her retired with his wife to North Truro Agawam Funeral Home, with a Mass in Gate
husband, Harold of Monson. He also (Cape Cod) in 1989. He stayed very St. Theresa's Church and burial in Spri
leaves 18 grandchildren; 18 great-grand- active in his local church as well and Agawam Center Cemetery. Donations the Sacreo-�_ .
children and two great-great-grandchil- joined his local chapters of the VFW, may be made to the Baystate Visiting Chestnut Street,Spt-�.._
dren. Al was predeceased by his daugh- American Legion, and was a member of Nurse & Hospice, Box 9058,
ter,Connie Hollis in 1992; his grandson, the Masonic Temple. He served as Post Springfield, MA 01102-9058 or to the JACQUELINE WILLAIKD
Matthew O'Connor in 2002; his grand- Commander of the VFW. John will be National Ovarian Cancer Coalition,4900 Jacqueline
daughter, Tina Marie Hollis in 1962 and missed by many. Services were held at Hopyard Road, Suite 200, Pleasanton, Marie "Jackie"
his son-in-law, Joseph Hollis in 1998. Southwick-Forasfiere Funeral Home. CA94S88. ( W o o d s )
The funeral was held at the Agawam Burial will be at a later date in the Willard, of
Curran-.tones Funeral Home followed by Massachusetts Veteran's Memorial JEAN-PAUL ROY Agawam, 82,
i ti D Cemetery. Donations n memory of John
burial in the Agawam Center Cemetery. Jean-Paul Roy, 81,of Feeding Hills, passed away
Memorial contributions may be made to may be trade to The National Parkinson died at home in the loving comfort of his peacefully at
the First Baptist Church, 760 Main St. Foundation by calling (800) 327-4545 or family on Thursday, Aug. 28. He was home at
Agawam,MA 01001. by the Web at Parkinson.org (-click on born in Quebec, Canada on March 7, Heritage Woods
donation,then,memorial gift). 1927. He came to Springfield in 1955 in Agawam on
JOHN S. CESAN and found work as a mason. Jean-Paul Tuesday ,
CRYSTAL L. JOHNSON was a communicant of Sacred Heart Au ust 26. She
John S. Cesar, of Feeding Hills and g
North Truro, 79, died on August 29 at Crystal L. Church. He leaves his loving wife of 53 was born in
the Holyoke Soldiers' Home, He was
( Daigneau ) years, Jeannine (Michaud) Roy; three Springfield, May 4, 1926, the daughter
x � Johnson; 61, of daughters, Joanne Stewart of California, of the late Bartholomew and Catherine
born July 13,Cesan
in Feeding Hills, son - Agawam, died on Danielle Royof Illinois and Am Donahue Woods. She was predeceased
of David B. Ceesar and Irene Cesar. He Wednesday, Daugherty of South Carolina; and a by her husband of 59 years, Howard
was predeceased by his sister, Ruth .
Cesan. He leaves behind his wife, August 27 at grandson, Sean Stewart. He was the old- Willard, who died in 2005. Jackie grew
home surrounded est of 15 children and leaves his eight u in Springfield and graduated from
Bettyanne (Dunn} Cesar; his brother, = �" g p
David'T. Cesar and sister-in-law, Dee by her loving brothers and six sisters.The funeral was Classical High School. She was a long-
Dee Cesan of Feeding Hills; two daugh- family. Born in from Agawam Curran-Jones Funeral time resident of the 16 Acres section of
ters, Anne Cesan and Camille Klein Webster, daughter Home followed by Mass in Sacred Heart Springfield where she and her husband
(husband Neil); two sons, Jahn T. Cesar
of the late Giles Church Howard raised their children. She started
��h�-" ta� �� _.� -
and Pahl Cesan (wife Tracy); and four and Lorraine her career with the Fisk Rubber
wonderful grandchildren Rachel, (Gadbois) Daigneau, she was a 1966 JAMES SULLIVAN, JR. Company before becoming a telephone
Brittany, Bailey, and Johnny. John had a graduate of Windsor Connecticut High James J, operator and longtime employee of the
wonderful family life growing up in School. She lived in Agawam for many Sullivan,Jr., JD, original "Ma Bell," AT&T, retiring in
Feeding Hills working an the family years. Crystal graduated in 1970 as a 76, of Agawam, 1989. She was a communicant of St.
licensed practical nurse from the Western Patrick's Church in Springfield. During
farm with immediate family as well as - day,
his large extended family. John told Massachusetts Hospital School of August died on Friday,
in her retirement, she and Howard enjoyed
many stories about how his family's Nursing. She then graduated in 1993 as a Bays t a t e traveling and attending her grandchil-
farm was the first in Western Mass to registered nurse from Holyoke Medical Center, tlren's athletic events and other activi-
start the pick-your-own-strawberries, of Community College. She worked for ties. Jackie was a loving wife, mother
which they were famous for. He also five-and-a-half years at the Hampden ., �`"` gingfielil son and grandmother. She will be missed by
looked back on his farnily's business the County House of Correction, 10 years at her three sons, Bruce C. and his wife,- of the late James
Eastern States Farmer's Exchange which the former Springfield Hospital and also J. and Anna Robin Willard of Enfield, Brian K. and
worked for the Department of Rosemary Willard of Holyoke, and
his fattier and brattier started, with many Corrections for the State of Connecticut. ( K e a r n e
onnect y ) David L. Willard and Debbie Willard of
fond memories, including stories of hard Sullivan, he was a 1949 graduate of
work lifting several Hundreds of pounds She was an emergency medical techni- Cathedral High School. He lived most of Sioux City,S.D.She also leaves two spe-
of grain and carrying them up several cian and a former Brownie and Girl his life in Westfield, moving to Agawam cial grandchildren, Jillian Willard of
flights of stairs to make grain deliveries Scout leader. She taught the EMT pro- in 2004. James received his business Natick, and Eric Willard of San Diego,
to local farmers. John entered the US gram at Hartford Hospital where she was degree from St.. Michael's College in Calif. The funeral was at the Agawam
Army on April 24, 1951 as a young pri- also a volunteer and worked on the Winooski, Vt. and his Juris Doctorate Funeral Home, followed by burial in St.
vate, and was assigned to the 2nd Suffield Ambulance as an EMT, She was degree in 1972 from Western New Michael's Cemetery. Donations may be
Infantry Division. He was-assigned to a a foster parent for 20 years and a com- England College. He was the owner of made to the American Lung Association,
Field Artillery Battery during the Korean municant of St. Theresa's Church of All the O'Brien-Murphy Insurance Agency 393 Maple Street, Springfield, MA
War and was awarded the Bronze Star Saints Parish. She was also the co-owner where he worked for over 25 years and 01105.
October 41 aw
APve ser,
- _ x >, _
MIN, •, r3atS),.give mt your 4vx'trdo!. Rotary utYites public to
> Oct.f
Harvest aR O
L$ a �� Smilef Now you can own the picture
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un a moment raptu
.......
the newspaper. Photos become
E 5 ~�� �� E �� � z-. tameless when framed or printed on a
ba t-shirt, mug or mouse pod
�.
You can now purchase photographs '
5 ` from THE AGAWAM ADVERTISER NEWS
online by visiting www.turley.com.
Browse through galleries of photos taken by our staff
�` photographers thaf appear every week in THE AGAWAMMV
'ADVERTISER NEWS. You will also be able to purchase r
ez�rlx*ftrley many photos that didn't make it into print.
' Vi; it wrnrr .furbV�alr and dick Newprperubling. : #
P
September 4,2008 AGAWAM ADVERTISER NEWS Page 7
Obitt oric
.,,s
ALFRED F. BOOSKA for his valor and bravery on the batty of W&I Construction,Inc.,a NASCAR was a member of the Massachusetts
Alfred F. "A]" Booska, 88, of held as well a final battlefield promotion race fan and owner of a 76X Late Model. Association of Independent Insurance
Agawam, died Friday,Aug. 29 at home. to sergeant first class. He returned to his She leaves her husband of 43 years,John Agents. He belonged to the Sons of Erin
Al was born in Bristol Vt., the son of home in Feeding Hills where he married W. Johnson; two daughters, Michelin in Westfield and the "Old Farts" Golf
Joseph and Delia (Patno) Booska, and his wife, Bettyanne and raised four chit- "Miki"Shea and her husband,John Shea League. He was a communicant of
has lived here since the 1950s. He dren. He was communicant of Valley of Agawam, and Tammijean Johnson of Sacred Heart Church in Springfield and
worked as an appliance repair man retir- Community Church in Feeding Hills, Westfield; a son-in-law, Daniel Romano; a Korean Army veteran. He was prede-
ing in 1984 after 15 years with the Sears where his father in-law, Reverend Frank a brother, Giles "Wally" and his wife, ceased by his wife, Jeannette (Limoges)
Corporation. He served in the Pacific Dunn, was the founder. He worked and Barbara Daigneau of Southwick; a sister, Sullivan in 1996. He leaves his longtime
with the United States Army during continued his service to his country as a Priscilla "Patti" Thornton and her part- companion, Jean E. Brusseau of
World War II and was a longtime mem- Staff Supervising Officer at the U.S. ner, Bill Donnellan of Feeding Hills; a Agawam; two sons, Stephen G. Sullivan,
ber of the First Baptist Church in Army Reserve Center, on East Street in brother, Richard and his wife, LauraLee and Patrick J. and his wife, Cynthia A.
Agawam. He leaves his wife of 52 years, Springfield. He served the Cacti Brigade Bertram of Blandford; two sisters, Sullivan, all of Westfield; a daughter,
Leona (Kampschroer} Booska; a son, as a Chief Warrant Officer 4. John Cynthia and her husband, Ed Weber of Karen A. Sullivan and her partner,
Steven and his wife, Amanda of San worked hard, but he also loved to enter- Agawam, and Pamela Sulak and her Deborah Alves of East Otis; a sister and
Francisco; five daughters, Nancy L. tain. John was a semi-professional magi- partner, Steve Hahn of California; five her husband, Theresa and Robert
Booska-Velozo and her husband, Bill of cian and performed numerous magic grandchildren, Brandon Johnson, Conway of Springfield; and three grand-
Feeding Hills, Elizabeth R. Blood and shows in the greater Western Amanda Shea, Joshua Shea, Jordan children, Stephanie, Shayna and Riley
her husband, Dana of Bradenton, Fla., Massachusetts area. He performed for Shea, and Nikayla Rogers; several Patrick Sullivan. The funeral was from
Marian 1. Schindler of Agawam, Betty many youth groups as well as started a nephews and nieces, and many cherished the Agawam Funeral Home,with a Mass
Moore and her husband, Larry of Deer local chapter of the Linking Ring. John friends. The funeral was from the in Sacred Heart Church and burial in
Park, Calif. and Laloni Normand and her retired with his wife to North Truro Agawam Funeral Home, with a Mass in Gate of Heaven Cemetery, both in
husband, Harold of Monson. He also (Cape Cod) in 1989. He stayed very St. Theresa's Church and burial in Springfield. Donations may be made to
leaves 18 grandchildren; 18 great-grand- active in his local church as well and Agawam Center Cemetery. Donations the Sacred Heart Renovation Fund, 395
children and two great-great-grandchil- Joined his local chapters of the VFW, may be made to the Baystate Visiting Chestnut Street,Springfield,MA 01104.
dren. Al was predeceased by his daugh- American Legion, and was a member of Nurse & Hospice, Box 9058,
ter, Connie Hollis in 1992; his grandson, the Masonic Temple. He served as Post Springfield, MA 0 1102-905 8 or to the JACQUELINE WILLARD
Matthew O'Connor in 2002; his grand- Commander of the VFW. John will be National Ovarian Cancer Coalition,4900 Jacqueline
daughter, Tina Marie Hollis in 1962 and missed by many. Services were held at Hopyard Road, Suite 200, Pleasanton, Marie "Jackie"
his son-in-law, Joseph Hollis in 1998. Southwick-Forastiere Funeral Home. CA94588, ( W o o d s )
The funeral was held at the Agawam Burial will be at a later date in the Willard, of
Curran-Jones Funeral Home followed by Massachusetts Veteran's Memorial JEAN-PAUL ROY Agawam, 82,
Cemetery. Donations in memory of John
burial in the Agawam Center Cemetery. Jean-Paul Roy, 81,of Feeding Hills, passed away
Memorial contributions may be made to may be made to The National Parkinson died at home in the loving comfort of his peacefully at
the First Baptist Church, 760 Main St. Foundation by calling (800) 327-4545 or family on Thursday, Aug. 28. He was home at
Agawam,MA 01001. by the Web at Parkinson.org (click on born in Quebec, Canada on March 7, Heritage Woods
donation,then,memorial gift). 1927. He came to Springfield in 1955 in Agawam on
JOHN S. CESAN and found work as a mason. Jean-Paul T u e s d a y ,
John S. Cesan, of Feeding Hills and CRYSTAL L. JOHNSON was a communicant of Sacred Heart August 26. She
North Truro, 79, died an August 29 at =n°°""°` Crystal L. Church. He leaves his loving wife of,53 was born in
the Holyoke Soldiers' Home. He was -` ( Daigneau ) years, Jeannine (Michaud) Roy; three Springfield, May 4, 1926, the daughter
born July 13, 1929 in Feeding Hills, son 4� Johnson, 61, of daughters, Joanne Stewart of California, of the date Bartholomew and Catherine
of David E. Cesan and Irene Cesan. He - � r_= n Agawam, died on Danielle Roy of Illinois and Amy (Donahue) Woods. She was predeceased
was predeceased by his sister, Ruth � _ �����
Wednesday, Daugherty of South Carolina; and a by her husband of 59 years, Howard
Cesan. He leaves behind his wife, '; August 27 at grandson, Sean Stewart. He was the old- Willard, who died in 2005. Jackie grew
Bettyanne (Dunn) Cesan; his brother, home surrounded est of 15 children and leaves his eight up in Springfield and graduated from
David T. Cesan and sister-in-law, Dee by her loving brothers and six sisters. The funeral was Classical High School. She was a long-
Dee Cesan of Feeding Hills; two Baugh- family. Born in from Agawam Curran-Jones Funeral time resident of the 16 Acres section of
ters, Anne Cesan and Camille Klein Webster, daughter Home followed by Mass in Sacred Heart Springfield where she and her husband
(husband Neil); two sons, John T. Cesan of of the late Giles Church. Howard raised their children. She started
and Paul Cesan (wife Tracy); and four and Lorraine her career with the Fisk Rubber
wonderful grandchildren Rachel, (Gadbois) Daigneau, she was a 1966 JAMES SULLIVAN, JR. Company before becoming a telephone
Brittany, Bailey, and Johnny. John had a graduate of Windsor Connecticut High James J. operator and longtime employee of the
wonderful family life growing up in School. She lived in Agawam for many ' a Sullivan Jr., JD, original "Ma Bell," AT&T, retiring in
. ;,
Feeding Hills working on the family Years. Crystal graduated in 1970'as a _ Et 76, of Agawam, 1989. She was a communicant of St.
farm with immediate family as well as licensed practical nurse from the Western died on Friday, Patrick's Church in Springfield. During
his large extended family. John told Massachusetts Hospital School of August ri in her retirement, she and Howard enjoyed
.
w Nursing. She then graduated in 1993 as a traveling and attending her grandchil-
many stories about how his family's B a y s t a t e
farm was the first in Western Mass to registered nurse from Holyoke Medical Center. dren's athletic events and other activi-
Community College. She worked for ties. Jackie was a loving wife, mother
start the pick-your-own-strawberries, of �;. Born in
five-and-a-half years at the Hampden _ and grandmother. She will be missed by
which they were famous for. He also Springfield, son
looked back on his family's business the County House of Correction, 10 years at sty of the late James her three sons, Bruce C. and his wife,
Eastern States Farmer's Exchange which the former Springfield Hospital and also _ ' J, and Anna Robin Willard of Enfield, Brian K. and
worked for the Department of Rosemary Willard of Holyoke, and
his father and brother started, with many Corrections for the State of Connecticut. ( Kearney ) David L. Willard and Debbie Willard of
fond memories, including stories of hard Sullivan, he was a 1949 graduate of
work lifting several hundreds of pounds She was an emergency medical techni- Cathedral High School. He lived most of Sioux City, S.D. She also leaves two spe-
of grain and carrying them up several cian and a former Brownie and Girl his life in Westfield, moving to Agawam clot grandchildren, Jillian Willard of
flights of stairs to make grain deliveries Scout leader. She taught the EMT pro- in 2004. James received his business Natick, and Eric Willard of San Diego,
to local farmers. John entered the US gran'at Hartford Hospital where she was degree from St. Michael's College in Calif. The funeral was at the Agawam
Army on April 24, 1951 as a young pn- also a volunteer and worked on the Winooski, Vt. and his Juris Doctorate Funeral Home, followed by burial in St.
vatc, and was assigned to the 2nd Suffield Ambulance as an EMT. She was degree in 1972 from Western New Michael's Cemetery. Donations may be
a foster parent for 20 years and a com- made to the American Lung Association,
.Infantry Division. He was assigned to a England College. He was the owner of
Field Artillery Battery during the Korean municant of St. Theresa's Church of All the O'Brien-Murphy Insurance Agency 393 Maple Street, Springfield, MA
War and was awarded the Bronze Star Saints Parish. She was also the co-owner where he worked for over 25 years and 01105.
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Page 8 AGAWAM AMEMSER NEWS September 4,2008
Noticcs
School from page I Councilors then voted 7-3 in favor
of Cavallo's motion to end debate.
I taod George George Bitzas, a member of Bitzas then offered another charter
1te council's School Budget objection when Calabrese asked fora
LEGAL NOTICE public hearing on to hear the petition of the subcommittee, stepped in and issued a roll call vote, thereby ending the mat-
TOWN OF AGAWAM Thursday, September 18, Agawam Town Council on charter objection, a parliamentary ter for the night.
CONSERVATION COM- 2008 at 7:45 PM at the a proposed zoning amend- maneuver that allows a councilor to During the testy debate, Simpson
MISSION Agawam Public Library, went to Section 180-49 and instantly stop the'council from taking a began by stating the subcommittee felt
750 Cooper Street, Section 180-2 of the
The Agawam Agawam, MA. The pur- Agawam Zoning rote on an issue at that meeting. there were several unresolved ques-
Conservation Commission pose of this hearing will be Ordinance regarding height The controversial$70,000 transfer tions about money that needed to be
will meet on Thursday, to hear the petition of the of amusement devices in will now appear on the council's Sept. addressed by members of the school
September 11,2008 at 6:30 Agawam Planning Board amusement parks in the 17 agenda for a vote.According to the administration and School Committee
PM at the Agawam Public on proposed amendments Business 8 zone.A copy'of roles governing a charter objection, before a vote by the full council should
Library,750 Cooper Street, to the Subdivision Rules the proposal can be councilors will only be allowed to be.taken.
Agawam, Mass. The pur- and Regulations regarding obtained from the Agawam vote on the transfer with no further Cavallo retorted that he was not
pose of this meeting will be filing fees. Planning Office between discussion: notified of the subcommittee meeting,
to hear the Request for Per order of: the hours of 8:30 AM and
Determination of Travis Ward,Chairman 4:30 PM in the Agawam At press time, School Committee saying, "I am co-chairman of the com-
Applicability of McDonald AGAWAM PLANNING Town Hail, 36 Main Street, V1Ce-Chairman Anthony C. Bonavita mittee, although sometimes I do not
for property Iocated on 74 BOARD Agawam,MA. said he was "disgusted by the whole feel that I am asked to be the co-chair-
Kosak Court. Published:Sept.4 and BY ORDER OF: situation." man."
ByOrderof Henry A. Sept.11,2008 Travis Ward,Chairman Commented Bonavita, "We (the Cavallo called out Simpson for
Kozioski,Chairman Agawam Planning Board School Committee) were not invited to putting the transfer back on Monday's
Agawam Conservation LEGAL NOTICE Published:Sept.4and Tuesday's meeting until Monday, agenda without first conferring with
Commission TOWN OF AGAWAM Sept.11,2008 Labor Day, a holiday. And I am not him. He further.chastised school
Published:Sept.4,2008 PLANNING BOARD sure if there is anything left to say that administrators and members of the
The Agawam LEGAL NOTICE we haven't already said over and over School Committee for not appearing at
LEGAL NOTICE Planning Board will hold a TOWN OF AGAWAM
TOWN OF AGAWAM public hearing on PLANNING BOARD again. At this point the committee Mondays meeting, claiming the trans-
ZONING BOARD OF Thursday, September 18, members will be polled to see what fen had become a "political football
APPEALS 2008 at 7:30 PM in the The Agawam everyone's opinion is about meeting and grandstanding."
Agawam Public Library, Planning Board will hold a with the council again. I believe we "My concern is the School
Notice is hereby given 750 Cooper Street, public ' hearing on have stated our position that we Committee chose not to be here this
that the Agawam Zoning Agawam,MA.The Thursday, September 18, absolutely support this transfer. We evening. They were invited. I gave
Board of Appeals will hold purpose of this hear- 2008 at 7:15 PM in the have justified our budget to the council information at the subcommittee meet-
a public hearing at the ing will be to hear the peti- Agawam Public Library, throughout the entire budget process." ing regarding why I will vote against
Agawam Public Library tion of the Agawam Town 750 Cooper Street, Monday night's council meeting the transfer of funds. There is suffi-
Conference Room, 750 Council on a proposed zon- Agawam, MA. The pur- became entangled in several other par- cient money in the (school) budget to
Cooper Street, Agawam, ing amendment to Chapter pose of this hearing will be
MA on Monday,September 180, Article XIII of the to hear the petition of the liamentary moves concerning the supply text books to these students,"
22, 2008 at 6:30PM for all Agawam Zoning Agawam Town Council on transfer, which was first defeated on said Cavallo, a former four-year
parties interested in the Ordinance regarding gov- a proposed zoning amend- July 7 when six councilors voted in School Committee member.
appeal of Susan Morse and erring signs.A copy of the ment to Section 180-15 and favor and three voted against. Cavallo said he and several other
Joellen LeGrand, who are proposal can be obtained Section 180-16 of the Because Mayor Susan R. Dawson councilors were portrayed as "being
seeking a Special Permit in from the Agawam Planning Agawam Zoning was using the stabilization fund to against the kids."
Accordance with Section Office between the hours Ordinance regarding transfer the funds, a two-thirds vote of Cavallo said the transfer contro-
180-7, Paragraph B of the of 8:30AM and 4:30 PM in enforcement and penalties the 11-member council (8 votes) was versy should have ended after the July
Zoning Ordinances, which the Agawam Town Hall,36 for violating the zoning needed. Councilors Donald M. 7 vote and that upon further investiga-
would allow for the con- Main Street,Agawam,MA. ordinances of the Town of
siruation of an addition to a BY ORDER OF: Agawam. A copy of the Rheault, Robert Rossi, and Vice- Lion, he said there was sufficient funds
residential structure with 1lavis Ward,Chairman proposal can be obtained President Cecilia Calabrese dissented in the school's salary account to pay
less than the required front Agawam Planning Board from the Agawam Planning on July 7. for the text books.
setback and side yards at Published:Sept.4 and Office between the hours Voting in favor were council Simpson responded to Cavallo that
the premises identified as Sept.11,2008 of 8:30AM and 4:30 PM in President Gina Letellier, Joseph it was Letellier who requested the
35 South Park Terrace. the Agawam Town Hall,36 Minco, Dennis Perry, Robert Young, budget subcommittee meet again and
Doreen Prouty LEGAL NOTICE Main Street,Agawam,MA. Jill Messick, and Paul Cavallo, co- that past practice was for the commit-
Chairperson TOWN OF AGAWAM BY ORDER OF: chairman of the School Budget tee to convene before the start of a reg-
Agawam Board of PLANNING BOARD Travis Ward,Chairman Subcommittee. ular council meeting.
Appeals Agawam Planning Board Bitzas and School Budget "The memos went out that we
Published:Sept.4 and The Agawam Published:Sept.4 and g
SepL 11,2008 Planning Board will hold a Sept.11,20M Subcommittee co-chairwoman Jill were meeting tonight a few weeks ago.
public hearing on Simpson were absent. And I was not the one who placed this
LEGALNOTICE Thursday, September 18, Following the July 7 meeting, back on (the council's) agenda,"
TOWN OF AGAWAM 2008 at 7:00 PM in the ` Dawson placed the transfer again on Simpson said. 1
PLANNING BOARD Agawam Public Library, the agenda, this time for $2,000 less at Rheault and Rossi each criticized
750 Cooper Street, $70,000, drawing the ire at Monday the transfer for appearing before the
The Agawam Agawam, MA. The pur- night's meeting of Rossi and Rheault, council for a second time after it was
Planning Board will hold a pose of this hearing will be as well as Cavallo. defeated in July. "I am tired of listen-
Prior to Monday's meeting, mem- ing about it,tired of looking at it,read-
...................................................................................................................... hers of the council's School Budget ing about it, and I am tired of smelling
Connect with the Subcommittee met to discuss the trans- it,"Rossi remarked.
i fer and voted 4-1 to ask the full coun- Until the School Committee and
Best Opportunities in the
cil to postpone taking any action school administration can come in here
Monday night.
C 1 ass if i eds and demonstrate a critical need for
Cavallo was the lone subcommit- these books and demonstrate with all
.....................................................................................................................:
tee member to vote no. certainty there is no fat in a $34 mil-
An attempt by Bitzas to postpone lion budget we just appropriated, I will
voting on the transfer before the full not vote for this,"Rossi stated.
The new standard in optical perfection council was defeated on a 5-5 vote, In May, Dawson had reduced
with Letellier absent. $181,378 from the $34 million school
A progressive lens without visual barriers After the debate, Cavallo then budget. She agreed to the initial com-
asked to move the question so a vote promise of $72,000 after a series of
could be taken and Bitzas issued a meetings were held by the council's
charter objection to counter this. subcommittee and the School
After a brief interval, Calabrese, Committee's Budget Finance
acting as council president until Committee.
Letellier arrived at the meeting, ruled "I again want to make it clear that
the charter objection by Bitzas was out the School Committee never supported
HOYALUX of order. a budget with cuts,"Bonavita said.
Summit6":�:,p
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•
September 9th, 2008
Dear Planning Board Member and Director,
I have written two letters to the town council members about the proposed
amendment 18049A,new height limits for Six Flags. These letters are enclosed and are
now directed to the Planning Board for consideration. One dated June 6th, 2008, the other
July 22nd 2008. Since this issue is coming up at the September 18th Planning Board
meeting I feel it is important for the members to have input from an abutter who fears that
worse excessive noise conditions are headed our way. Please consider these letters,
because any new trill ride structure built in the proximity of the Main Street is likely to
have an adverse impact on the residents. Since any rides may be proposed to be
constructed within 150 feet of Main Street, an abutters notification process, and
conditions that may be considered, appears to be necessary in fairness to the near by
residents. Please consider the buffer zone to be much further back than 150 feet since
Larry Litton stated that Six Flags has no intensions of building rides that close to Main
Street. A greater distance than 150 feet from Main Street would give some comfort to the
near by residents.
Sincerely,
Edward Czelazewicz
EdAvard Czelazewicz
1720 Main Street
Agawam, Ma.
6/6/08
Dear Council Member/Board of Appeals Member,
When I read the Sunday paper on June 1'2008 article about proposed new height
rules to aid Six Flags, I was in disbelief. The article stated. by raising the height limit it
would allow Six Flags to avoid scrutiny by the Zoning Board of Appeals. To the best of
my knowledge,the Board of Appeals, has been accommodating to Six Flag's influence as
the other departments included in the permitting process have been. Larry Litton stated,
"every time we go before the Zoning Board it adds about 100 days to the process", adding
he appreciated anything that can speed up the process. The process for the Sky Swatter
approved by the Board of Appeals on January Wh 2006,took approximately 60 days. The
process can be expedited for Six Flags if the council chooses that it would be appropriate,
which in my opinion is fair to Six Flags and fair to the residents in the immediate area, or
the businesses in the immediate area, better kno-,Nn as abutters. The Board of Appeals has
a standard for reviewing to protect the abutters from adverse affects and nuisance. The
Board of Appeals process notifies abutters of the proposed structure so they may be aware
that something is going to be constructed in the immediate area. This process allows
abutters to voice their concerns or objections that their insight may anticipate adverse
conditions to be created by the proposed structure. Then,when the Board of Appeals
considers if the concerns could be detrimental, objectionable, or obnoxious, conditions
could be attached to the special permit approval in event any abutters insight or concern
become a reality. The immediate area needs protection from one main ingredient created
by Six Flags which is becoming greater as Six Flags builds thrill seeking structures on the
outer limits of their property,thus affecting abutters. The ingredient is excessive noise.
The town permitting process has allowed excessive noise to become a nuisance in the
area surrounding Six Flags. This may or may not been anticipated. Does the planning
department consider excessive noise to abutters when reviewing new rides or structures
that are to be constructed on the outer limits of Six Flags property? Does the planning
department impose conditions of adverse affects in the immediate area? Does the
planning department notify abutters of the proposed structure to be built? I'm sure this is
the purpose of the Board of Appeals. By raising the height limitation to 200 feet this
would allow new thrill seeking rides to be constructed along the front portion of Six Flags
property limits that abut Main Street. The abutters would not know what was being built,
and would have no voice in the matter, so to be protected from excessive noise. Keep in
mind, that height is a factor when building thrill seeking structures that produce loud
screaming from the patrons.
I have lived across the street from the park since 1993.Noise is expected from an
amusement park. People screaming on the roller coasters, and general park noise; can be
heard in the distance and that does not create a nuisance.
In 2005, one such ride was constructed across the street from the residents on
Main Street. Its called the Typhoon Water Coaster. Its twists and turns cause the riders to
scream so loudly that it has created a major problem for the residents in that row of
houses on Main Street. At first we could not believe that a ride like this would be allowed
to be constructed 250 feet from our property line, and 300 feet from our front door. This
plan was approved by the planning department, but apparently, did not have to go before
the Board of Appeals, due to its reported height of 39 feet. I would like to think that a
common consideration of the proposal should have been discussed at the planning board
level, in regards to it being a water coaster and its proximity to the residents across the
street. We know Six Flags had no consideration, and knew what they were doing. If the
planning department took into consideration possible adverse impacts to the immediate
area, the plan could have just as well gone before the Board of Appeals for review,
although the reported height did not exceed 45 feet.
In March of 2000, Six Flags submitted a Notice of Project Change Master Plan to
the Secretary of Environmental affairs for a review pursuant to the Massachusetts
Environmental Policy Act. In the Master Plan was a chapter on noise and thresholds.
Since the town of Agawam does not have a well defined noise policy, the Mass. DEP
Policy is to be the standard abided. Again, excessive noise is the issue of most concern. 1
am under the impression that although most, if not all of the town officials, have a fair
understanding of excessive noise on a personal level. I don't know how many have a
technological understanding of how the standards of DEP Policy are set, measured, and
violated_ If any one chooses to read Chapter 9 Noise, of the 2000 Master Plan, you are
likely to conclude that it appears to be legitimate.
Back to the Typhoon Water Coaster excessive noise issue. First of all, no one at
the town level could help us resolve the problem and Six Flags did not resolve the
problem although they said they would. Six Flags may be a so called"good neighbor"to
some for monetary benefits, but for the literal neighborhood, "good neighbor"would not
apply.Not all of neighbors complain to Six Flags or town officials about excessive noise,
but I hear about it very often on the street. The few that do complain would soon realize
the legitimate complains may be falling upon deaf ears, and give up. By giving up, the
excessive noise issue goes unchecked, and gets worse. That is my fear of raising the
height limit for amusement parks structures to 200 feet. Why even have 200 foot height
limitation? The height limit of 200 feet and the idea behind it sounds absurd to me.
Apparently, the writer in the newspaper article implies there is more than one amusement
park in town.
Other complaints about excessive noise would probably be about concert noise as
well. I heard there is supposed to be about 20 concerts this summer. To me that averages
one to two concerts per creek during the summer. I hope that's not true. I don't ever
remember an influx of that amount in the past. Are there permits or regulations that
should be followed for such concerts to alleviate excessive noise for the surrounding
neighborhoods or is the leash let loose for Six Flags to do whatever they please?
I would like to let it be known that the Typhoon Water Coaster height exceeds 45
feet. The deck height is 42 feet, the top of the hand rail is 47 feet, the top of the cowl,
which is the tube people enter to begin the slide, is 48 feet, the net before the cowl is 49
feet, the canopy that shades the operators, -which is also part of the structure, is 52 feet in
height. Theses heights were confirmed by Six Flags surveyors and a surveyor hired by
me. Where did Six Flags come up with 39 feet in height for this ride? There are no blue
prints to be had to measure actual height by scale. If this structures height was
represented properly and went before the Board of Appeals,the nearby abutters would
have been notified and could have expressed their concerns about adverse impact
likelihood that would have a direct negative impact on them. The impact is excessive
noise. These concerns could have been conditions of approval for the special permit. If
the abutters concerns became a reality and fell under the standards for reviewing, the
Board of Appeals could see to it that any adverse or unreasonable condition created
would be abated or mitigated.
When I stated that no town official could help with the excessive noise issue,
there was one who said that if the ride came before the Board of Appeals, there may be
something she could do. Since it didn't,there is nothing she can do.
I would like to let it be known that a sound engineer was hired by me to determine
if the excessive noise coming from the screaming of the patrons on the Typhoon Water
Coaster violated DEP policy, the policy Six Flags is supposed to abide by. Following
DEP policy, he determined that there were many violations. There is a ten decibel over
ambient violation and a pure tone violation.
On May 26i11 2007 in a 100 minute monitoring period, he observed and recorded
167 screams. 146 of those screams violated the 10 decibel limit_ 156 of those screams
produced a pure tone, also violations. No wonder why we can't tolerate to be on our
property when the Typhoon is running. On June 2"d 2007 the sound engineer did the same
work, but for a 22 minute period. This period was short due to the ride being shut down
because of thunder storm threats. In 22 minutes he recorded 46 screams. 36 were over the
ten decibel limit. 43 were pure tone violations. No wonder we have to leave our property,
or keep the windows closed with the music on in our house to escape these unbearable
constant screams. Increasing the height limit will allow Six Flags to construct similar
rides, in the same area, and create a more intolerable atmosphere for the residents who
live across the street. Six Flags is outgrowing this area, and blasting the area with
excessive noise. Six Flags needs to be monitored more closely.
There is another source of a noise violation that intrudes and awakens myself and
other neighbors at night. It's the vacuum truck which operates after park hours. The loud
noise of the vacuum operating is very loud and immediately awakens me. On memorial
day weekend 2008 at 2:15 a.m. an Sunday, Monday, and Tuesday I was awaken by this
loud vacuum truck. This is not a daily occurrence, its mainly on the weekend, and in the
summer time when the park is busy. Where is the consideration from Six Flags for the
people who are sleeping across the street?
Most of us who reside around Six Flags were here for many years. When Six
Flags began to dig in, they seemed to be concerned about any environmental impacts in
the area, which included excessive noise. But as time went on they appeared to become
bolder with what they wanted to do. They have grown bolder because they have been
allowed to do so. 1 can understand being cooperative and working together. If they
continue to grow; they should do so in a responsible fashion with consideration for the
people in the neighborhood. If they don't grow in a responsible fashion, what protection
or rights does anyone have to object or express their concerns for their own well being?
I have not had any considerable problems with Six Flags prior to the creation of
the Typhoon Water Coaster_ I fear another thrill ride being constructed immediately
across the street without my neighbors or me being notified, so we can voice our concerns
or being taken seriously, will only intensify the existing burden.
I asked the town council and the towns permitting process, not to change the
height limitation. I also asked for abutters to be notified for any new structure proposed
by Six Flags if the new structure is likely to contribute to the excessive noise condition
that exists at the residents on the west side of Main Street. The Town Council and the
permitting process should be in control of what Six Flags is doing, not Six Flags
influencing them in their decisions.
Please consider my concerns. They are also the concerns of other neighbors. If
there is any reason anyone wishes to speak to me, I can be reached on my cell phone
(860- 798-6680).
Sincerely,
Edward Czelazewicz
Edward Czelazewicz July 22, 2008
1720 Main Street
Dear Council Members,
I have read the proposed amendment to section 180-49 adding 180-49A which is a
recipe for disaster for the inhabitants who abut Six Flags.Also, it undermines the purpose
and authority of the Board of Appeals, whose standards for reviewing are designed to
protect the abutters from objectionable and obnoxious conditions which are likely to
adversely affect the health of these abutters and property value in the neighborhood.
The cause of the adverse impact I am addressing is excessive noise produced by
the patrons who scream without limit throughout the day. One of the standards for review
states that the use as developed will not adversely affect the health, safety, or property
value of the neighborhood. The Typhoon water coaster is 200 feet from the street line,at
its closest point. The constant unbearable screaming has affected the mental health of
myself,my wife, and some of the neighbors. This is torture for us, we cannot bear to be
outdoors or on our property due to.the intensity of the screaming from the patrons of this
thrill ride structure. We don't even want to be home at all when this ride it open.
As I have stated in my past informational letter,we had a sound engineer take
readings at a distance of 350 feet from this structure. 350 feet is the point at the back of
our house, where we used to spend time outdoors prior to the creation of this structure
which was built in 2005. The reading consistently violated DEP policy, which is the
policy Six Flags stated to abide by when the 2000 Master PIan,Notice of Project Change
was submitted to MEPA. There are standards, guidelines, and thresholds that Six Flags is
to maintain so as not to have an adverse impact on the abutters. Six Flags representatives
have stated to town officials during the permitting process that MEPA reviewed and
approved the noise emissions testing report in this master plan.MEPA does not review
noise or sound emissions testing,nor do they approve or disapprove of such testing.
Noise studies and reports produced for Six Flags did not follow DEP policy and were
misleading and deceptive. When the sound engineer I worked with read these reports he
could not believe the contents and results that were submitted.
On January 9`h 2006 when the Board of Appeals approved the Sky Swatter ride,
which is 125 feet from the street line, a condition was attached to the special permit. The
condition was to submit a sound report which shows that Six Flags is within DEP policy
limits. That is the policy designed to protect citizen of the commonwealth such as my
neighbors and myself from excessive noise. Six Flags said they had such a report with
results. The special permit would be approved that night if Six Flags agreed to submit the
results of the study the next day. They got their special permit but the Board of Appeals
did not get their noise report until one year and three months later. That report was
submitted to the Board of Appeals one month after I initially requested a copy. The report
was not a report that demonstrated compliance with DEP policy, it was merely a noise
comparison report,comparing the noise level of Labor Day week of 2005 to Labor Day
week of 2006. That report seemed to be acceptable to satisfy the Board of Appeals. This
was not the report that was requested. Who really knows the difference other than
someone educated in the noise and sound study field?
If the approval process is going to forgo the Board of Appeals for Six Flags to
create new thrill ride structures, especially within 500 feet of the street line of Main Street
near the homeowners residences, a proper and legal sound study and report should be in
order. It is clear who can't be trusted to produce one.
Please realize what I am talking about. I am not complaining about distant
screaming we all hear, they are not objectionable obnoxious,nor interfere with our daily
lives. I am talking about the source being unreasonably close to our properties, such as
the Typhoon ride,which is the only structure that has caused tremendous grief. Also, the
Typhoon ride is over the 45 foot height limit now in effect. There are points that measure
47 feet, 48 feet, 49 feet, and 52 feet. Again, town officials were intentionally misled when
Six Flags represented it to be 39 feet in height,thus avoiding the Board of Appeals
process and the interest of the public.
Based on these misrepresentations to the town officials, it appears that Six Flags
needs to be monitored more closely, and not given free reign to create more issues.
Two Board of Appeals members spoke before the council on this issue recently.
James Marmo spoke about Six Flags representatives telling town officials everything is
being done properly and legitimately when it is later discovered that it has not. He also .
stated that Six Flags is no different than anyone else in town, he is right about that. Gary
Suffriti spoke out about this issue,and the public should be thankful that the Board of
Appeals,Joe Conte and Nick Urbaniti took a stand on the Dark Night Coaster issue
instead of being persuaded to look the other way. When the Dark Night Coaster was
approved by the Board of Appeals, Six Flags claimed that everything was in order. It was
later discovered that was not true, especially at the State Safety Regulation Committee
who acted in the best interest of the public good. This was potentially a recipe for
disaster.
So I asked the council, based on past actions, does anyone think that Six Flags
should be allowed to forgo the board of appeals process?
May I recommend the Board of Appeals process be expedited,which will serve
the same purpose as 180-49A intends. Please don't undermine the Board of Appeals. Six
Flags can submit their plans sooner than later avoiding the pressure of rushing it through
without being thoroughly reviewed by town officials. Plans can be submitted to the Board
of Appeals at the same time they are submitted to other departments for approval
allowing the Board of Appeals to begin their process ahead of time.Notify the public and
abbuters of the hearing, which adds 14 days or more. Hopefully some sort of cooperation
with the town departments and Six Flags should have this process not take more than one
month. It seems reasonable to amend the Board of Appeals process to expedite the
process for Six Flags. Please consider this idea. To eliminate the Board of Appeals
process is a slap in the face to them, and the abutters as well.
I don't have an issue with a structure 45 feet,or 125 in height 150 feet from the
street line unless the result of the structure is having a considerable negative impact on
my family,my neighbors,and myself. When overbearing noise levels come from those
close structures, then there is a problem.
150 feet is no "buffer zone"when it comes to physics of ride height, and the
distance sound travels at a higher elevation. It takes a greater distance at higher elevations
for sound intensity to diminish, as I've stated we have sound reading and reports at a
distance of 350 feet from the source.
I am in fear of what the future noise levels will be in the area of residence if Six
Flags does not submit to the checks and balances of the Board of Appeals process.
The residents who live here have been here well before Six Flags. Please don't
allow this to happen.
If anyone wishes to further discuss any of this matter, I can be reached on my cell
phone (860) 798-6680.
Sincerely,
Edward Czelazewicz