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Zb��' AN ORDINANCE AMENDING ARTICLE XIII
OF THE CODE OF THE TOWN OF AGAWAM
GOVERNING SIGNS
WHEREAS, Article XIII of the Code of the Town of Agawam governs
Signs and it was written in 1977; and
WHEREAS, the Town is desirous of amending the Sign Ordinances to
update their provisions;
WHEREAS, it is in the best interests of the Town-of Agawam to update
and amend the Sign Ordinances; and
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN
COUNCIL that the following changes be made to Article XIII and Chapter 180 of
the Code of the Town of Agawam:
1. Article XIII entitled "Signs" is hereaV amended to read as follows:
ARTICLE XIII
SIGNS
§ 180-75. Purpose and definitions.
The purpose of this section is to provide for the reasonable regulation and control
of the erection and maintenance of signs and advertising devices within the Town
to the end that the appearance and amenities of the Town may be preserved and
enhanced, without unduly restricting the conduct of lawful enterprise. For this
purpose, the following terms shall have the meanings hereinafter ascribed to
them:
ACCESSORY SIGN — Any sign that advertises or indicates the person
occupying the premises on which the sign is erected or maintained or the
business transacted thereon or the products sold thereon.
AREA
A. Area of the face. The area of the face of a sign shall be considered to
include all lettering, working and accompanying designs and symbols,
together with the background on which they are displayed and any cutouts
or extensions.
B. The area of a sign consisting of individual letters or symbols attached to or
painted on a surface, building, wall or window shall be considered to be
that of the smallest quadrangle or triangle which encompasses all the
letters and symbols.
C. The area of a sign consisting of a three-dimensional object shall be
considered to be the area of the largest vertical cross section of that
object.
D. In computing the area of a sign, one side of a back-to-back sign shall be
counted.
BILLBOARD --- Any Non-Accessory sign greater in face area than 40 square
feet.
COLOR -- The color concept of the sign shall be such that it does not violate
the purpose of this Article.
INSTRUCTIONAL SIGNS — Signs indicating "entrance," "exit" or the like,
erected on premises for the direction of persons or vehicles.
NON-ACCESSORY SIGN — Any sign that advertises for persons or
businesses not occupying the premises on which the sign is erected or
maintained.
OUTDOOR ADVERTISING BOARD — The Outdoor Advertising Board of the
Commonwealth or any board or official which may hereafter succeed to its
powers or functions.
OVERHANGING SIGN — A sign or other advertising device which hangs or
extends over a sidewalk or a way in which the public has a right of access. Wall
signs and standing signs shall not be included in this definition.
PERSONS — Includes an individual, corporation, society, association,
partnership, trust or other legal entity, public or private.
REAL ESTATE SIGNS — A sign advertising the sale, rental or lease of the
premises on which it is maintained.
SIGN -- Any device, surface or framework on which words, symbols or other
designs are inscribed or displayed and designed to call attention thereto,
including flags, banners and the like.
STANDING SIGN -- A sign standing or hanging free on its own support, such
support may be attached to a building or fixed in or to the ground. "Standing
signs" may have two faces or sides showing in opposite directions.
STRUCTURE — The supports, uprights, bracing and framework of a sign. Any
color applied to the "structure" shall meet �Lhe purposes of this Article.
TEMPORARY SIGN — Any Accessory Sign, including its supporting structure,
intended to be maintained for a period no, exceeding one hundred eighty (180)
days for agricultural purposes and sixty '60) days for any other purpose.
s �
WALL SIGN —A sign fastened or affixed parallel to and within 12 inches of the
wall of a building.
WINDOW SIGN — A sign painted or placed on the inside or outside of a
window.
§ 180-76. Administration and enforcement; violations and penalties.
A. Enforcement. The Inspector of Buildings or his designee is hereby authorized
to enforce this Article. The Inspector of Buildings or his designee shall keep a
current list of permitted signs as a public record. Annually, prior to April 15,
the Inspector of Buildings or his designee shall submit to the Outdoor
Advertising Board a list of any billboards which do not meet the specifications
of this authority, together with a notation as to wherein each sign does not
comply. The Inspector of Buildings or his designee is authorized to order the
repair or removal of any sign and its supporting structure which in his
judgment is dangerous or in disrepair or which is erected or maintained
contrary to this Article. Whenever there is a change in the position of
Inspector of Buildings, the new person shall send their name and address to
the Outdoor Advertising Board.
B. Permits and fees.
(1) Except as provided in § 180-78, no sign shall be erected, altered or
affixed to any building or placed on any premises until a permit has been
issued by the Inspector of Buildings or his designee. Such permit shall
be issued only if the sign complies or will comply with all applicable
provisions of this Article. An application for a sign permit under this
Article shall include an accurate sketch or a photograph showing the true
dimensions of the face and frame of the sign, the lettering, wording,
designs and symbols on the face and as attached to any part of the
frame, the location of the sign and such plans, drawings and
specifications as the Inspector of Buildings or his designee may require
for the structure.
(2) A schedule of fees for such permits shall be determined from time to
time by the Town Council.
C. Whoever violates any provisions of this Article or any lawful order of the
Inspector of Buildings or his designee shall be subject to enforcement and
fines as set forth in §§ 180-15, 180-16 and 180-16.1. Each day that such
violation continues shall constitute a separate offense. In addition, the
Inspector of Buildings or his designee shall have the authority to remove any
sign from municipal or public property with twenty-four hours advance verbal
notice to the owner of the sign. If the owner of the sign cannot be reasonably
determined, the Inspector of Buildings or his designee may consider the sign
abandoned and may remove the sign forthwith.
§ 180-77. General specifications.
A. Energy shortages. In the event of any energy shortage, the Council is
authorized in its discretion to order that all signs in the Town consuming
electric, gas, oil or other forms of energy cease such consumption in whole or
in part during such hours and for such period as the Council designates.
Non-conformance with the Council's order would be sufficient evidence for
the Inspector of Buildings or his designee to revoke the permit for said sign.
Forty-eight hours' notice shall be given to the owner of such sign prior to any
action taken by the Inspector of Buildings or his designee.
B. Illumination. Except as otherwise prohibited herein, signs may be illuminated
by any fixed light source, of such nature and in such manner that the
brightness of the sign face does not exceed 100 lumens per square foot.
Except for neon-type signs, where permitted, such illumination shall be so
arranged that its source is not directly visible from any way or occupied
building, and no illumination shall be of any color that might be confusing to
traffic. Christmas lights shall not be deemed as coming within the provisions
of this subsection, but this subsection shall apply to window signs.
C. Placement of signs. The Inspector of Buildings or his designee may impose
reasonable stipulations concerning placement based upon the speed of travel
and sight distance of the adjacent ways,, the number and location of signs
already existing in the area and the concept of the sign in relation to the
purpose of this Article.
§ 180-78. Residence Districts.
In any area zoned as a residence district, the following are authorized by right
without a permit:
A. One sign displaying the street number and/or name of the occupant of the
premises, not exceeding two square feet: in area. Such signs may include
identification of any accessory professional office or other accessory use
permitted in a residence district. Of the signs allowed under Subsections A,
D, E and H, the total number of signs per lot shall not exceed two.
B. Real Estate Signs pertaining to the lease, sale or use of a lot or building,
provided that such signs do not exceed a total of six square feet of area.
Such signs shall be removed forthwith upon sale or rental of the premises
advertised.
C. One bulletin or announcement board, identification sign or entrance marker
for each public entrance to the premises upon which a church, synagogue or
educational institution or a governmental authority is located. Such signs
shall not exceed twenty square feet in area, provided that there shall be no
more than three signs for each church, synagogue or institutional building
complex.
D. Attached signs. A sign otherwise permitted in this section may be attached to
a building if it complies with all requirements of§ 180-77 and this section.
E. Signs offering accommodations for guests, not to exceed two square feet in
area.
F. Signs prohibiting trespass, hunting and the like, not to exceed two square feet
in area.
G. Street name signs and signs erected by the town, county or state for the
direction and control of traffic.
H. Window signs. For residential zones and their accessory use, window signs
as defined herein, provided that the aggregate area of such signs shall not
exceed two square feet in area. The total of all such signs shall not exceed
two square feet for each occupancy or establishment.
I. A sign on or adjacent to the entry of a multiple-occupancy building listing the
names and/or occupations of the occupants or establishments therein,
provided that the size of such sign shall not exceed two square feet in area
for each occupancy or establishment.
J. Signs designating historical places or points of interest, erected by a
governmental authority or by a duly chartered historical association or the
like, not to exceed six square feet in area.
§ 180-79. Business and industrial districts.
In an area zoned as a business or industrial district, each place of business may
be issued a permit for a sign or signs as follows:
A. Wall signs not to exceed twenty-five (25%) percent of the area of the front and
rear walls and ten (10%) percent of each secondary side of a building are
permitted.
B. Standing signs are permitted subject to the following conditions-
(1) Standing signs are not to exceed twenty-five (25%) percent of the front
wail of the principal structure fronting on a street.
(2) Standing signs and V-shaped signs on roofs, marquees, cornices,
awnings and projections are permitted. Signs mounted upon or part of
ventilating equipment, shafts or towers projecting above the roofline of
the building are prohibited.
(3) Signs located within the setback area shall not be located within ten (10)
feet of grade, without advance written permission of the Inspector of
Buildings or his designee, not including instructional signs.
(4) Window signs for permitted retail establishments in all districts. Window
signs shall not exceed fifty (50%) percent of the area of the window
glass.
§ 180-80. Agricultural Districts,
In Agricultural Districts, a permit for two signs not to exceed thirty two square feet
per sign in area may be granted to identify an accessory use permitted. When
the agricultural zone does not abut a street, the signs allowed under this section
may be located on street front property contiguous to the agriculturally zoned
land, provided that the land is under the same ownership. The sign shall
conform to § 180-77 of this Article. V-shaped signs or back signs are allowed.
Freestanding signs shall be a minimum of one hundred feet apart.
§ 180-81. Existing signs.
Any signs, except billboards, in existence at the time of the initial adoption of this
Article on September 12, 1977 shall not be subject to the provisions hereof
except as to any provisions dealing with the structural integrity of the sign and
§ 180-85.
§ 180-82. Non-Accessory signs.
A. The erection or continued maintenance of private non-accessory signs is not
permitted.
B. The Town Council may authorize thu erection of non-accessory signs, kiosks
or directories on public property for direction purposes. Following a public
hearing, the Council shall stipulate specifications, conditions, locations and
fees for the erection, use and maintenance of each non-accessory sign, kiosk
or directory. The Council may set the number of signs, kiosks or directories
and the location thereof, but in no event shall the number of signs, kiosks or
directories exceed six in number for any one entity, business, corporation or
address.
C. Indemnification and liability.
(1) The applicant-owner authorized by the Town Council to erect and/or
retain a non-accessory sign, kiosk or directory on public property of the
Town of Agawam as authorized under Subsections A and B of this
section shall agree to save and hold harmless and indemnify the Town
of Agawam, its officers, directors, employees, board members, elected
and appointed officials and agents from and against all liability, claims,
demands, damages, costs, expenses, attorney's fees, judgments, losses
and all causes of action cn account of personal injuries, property
damage or loss, nuisance or damage of any kind and nature
whatsoever, which arise out of or are in any manner connected with by
reason of, pertaining to or relative to the authorization, erection,
placement, construction, design, location, color, maintenance, repair,
removal, destruction, vandalism, theft and accuracy of the signs, kiosks
or directories under this section. The applicant-owner shall further agree
to save and hold harmless and indemnify the Town of Agawam as
aforesaid for any and all causes of action claimed to arise out of or which
are in any manner connected with said signs, kiosks or directories,
regardless of whether said injury, loss, damage, claim, costs, expenses,
attorney's fees, judgments or losses shall have been caused by, or
claimed to have been caused by, the negligence or fault of the Town of
Agawam as aforesaid or the applic,nt-owner or by agents or employees
of the foregoing or by accident or otherwise.
(2) In the event any action is brought against the Town of Agawam as
aforesaid, the applicant-owner authorized under this section shall
assume full responsibility and liability for the defense thereof, the costs,
expenses, attorney's fees, settlements and judgments therefrom, and,
upon the failure to do so on notice from the Town of Agawam, the Town
of Agawam reserves the right to defend such action or actions and to
charge all costs, expenses, attorney's fees, settlements and judgments
thereto to the applicant-owner, and the applicant-owner shall
immediately pay and reimburse the town. The applicant-owner shall take
all precautions necessary to protect the public against injury and
damage.
(3) The applicant-owner shall be required to lawfully execute a hold-
harmless indemnification agreement in compliance with this section prior
to final authorization by the Town Cuuncil.
§ 180-83. Prohibitions.
A. Overhanging signs. No overhanging signs shall be permitted unless part of a
cantilever of a principal building; however, this provision shall not apply to
street name signs or to signs or uevices erected by the town, county or
commonwealth for the direction and control of traffic.
B. Billboards as defined herein are prohibited.
C. Private signs on Town property are prohibited unless a permit for such a sign
is authorized by the Town Council. No such authorization shall be given until
after a duly advertised public hearing in accordance with §180-82; any such
signs shall conform in all respects to all other provisions of this Article.
Permits for such signs may be revoked at any time by the Town Council.
D. No signs shall contain, in the opinion of the Inspector of Buildings or his
designee, a color or movement which is a violation of the purpose of this
Article.
§ 180-84. Temporary signs and political signs.
A. Temporary signs which do not comply with this Article may be allowed only
after issuance of a permit in accordance with § 180-76. Temporary signs
which do not comply with this Article may be authorized by the Inspector of
Buildings or his designee for public or non-profit purposes without fee.
Temporary signs shall not exceed twelve (12) square feet in area, and may be
maintained for a period not exceeding one hundred eighty (180) days for
agricultural purposes and sixty (60) days for any other purpose. The
Inspector of Buildings or his designee shall have the sole discretion in the
issuance or denial of permits for temporary signs. A property owner or
business may receive only one permit for a temporary sign in any calendar
year.
B. Political signs may be erected only on private property and with the
landowner's permission. Political signs shall not exceed six square feet in
area, may be erected fifteen days prior to a primary election and maintained,
in good condition, continuously until forty-eight hours after the close of the
polls of the final election. Candidates eliminated in the primary election shall
have their signs removed within forty-eight hours after the close of the polls of
the primary election_ All such signs shall be removed within the forty-eight-
hour limit as a responsibility of the property owner. A challenge to the official
count shall not negate this provision.
§ 180-85. Maintenance.
All signs, whether a permit is required or not, shall be maintained in a safe and
legible condition to the satisfaction of the Inspector of Buildings or his designee.
Failure to correct violation of this provision within thirty days after notice thereof
shall constitute grounds for revocation of the permit, or for removal of the sign if it
was erected without the need for a permit. It shall be a duty of the owner and/or
their lessee of any sign to maintain the immediate premises occupied by the sign
in a clean, sanitary and healthful condition.
§ 180-86. Special cases.
Notwithstanding the foregoing provisions of this article, certain special types of
activities or situations are recognized for which such provisions may be modified
and permits issued as follows:
A. Theaters. The marquee of a theater as defined in G.L. c. 143 shall be
considered as comprising part of the wall area in determining the total sign
area to be permitted.
B. Subdivisions. One permanent subdivision name sign, not to exceed thirty two
square feet in area, may be permitted for each entry to a subdivision from a
public way. Such a sign may be erected only upon receiving approval of the
definitive plan for the project.
C. Contractors, developers. For each construction or development project there
may be issued a temporary permit for one standing sign, not to exceed thirty
two square feet in area, setting forth facts and names pertinent to the project.
Such signs shall be erected only upon receiving approval by the Town for the
project. Such signs shall be removed forthwith when the project is completed.
Any project which is funded in whole or in part by federal, state or municipal
funds may have such signs as the funding authority may require, regardless
of the provisions of this article.
D. Gasoline stations. Standard pump head signs of gasoline filling stations shall
not be included in the total area of signs permitted, and no permit shall be
required therefore, but they shall conform to the provisions of § 180-77B of
this article.
E. Where a building (or buildings in a common group such as a shopping center)
contains three or more separate businesses (or professional offices) and it is
desired to identify the building or group of buildings as such, in addition to the
signs permitted for the individual businesses, there shall be permitted one
standing sign displaying the name of the building or group of buildings and
not to exceed sixty four square feet plus sixteen square feet for the listing of
each occupant or business.
§ 180-87. Special permits.
The Board of Appeals is authorized to grant special permits for signs which
would not otherwise comply with this article. In granting any such permit, the
Board shall comply with all procedural requirements of law pertaining to the
issuance of special permits in general.
§ 180-88. Severability.
The invalidity of any section or provision of this Article for the regulation of signs
shall not invalidate any other section or provision hereof.
§ 180-89. THIS SECTION IS INTENTIONALLY LEFT BLANK.
PER ORDER OF THE AGAWAM CITY COUNCIL,
f"
Gina M. Letellier, President
APPROVED AS TO FORM AND LEGALITY
y
Christopher C. Joh s n, City Solicitor
MAYORAL ACTION
Received this I Y`- day of , 2008 from Town Council Clerk.
Signed by Council President this 1 day of 008.
APPROVAL OF LEGISLATION
By the powers vested in ine pursuant to Ai-ticle 3, Section 3-6 of the Agawam Charter, as
amended, I hereby approve the passage of the above legislation on this }q — day of
rg-i _, 2008.
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):
SLlsan R. Dawson, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this 9� day of 2008.
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
-{ Tel. 413-786-0400 Fax 413-786-9927
October 3, 2008 c,
co
Gina M. Letellier, President r
Cecilia Calabrese, Vice President
Paul Cavallo, Councilor .
George Bitzas, Councilor
Jill Messick, Councilor
Joseph- Mineo, Councilor co
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 October 2, 2008, the Agawam Planning Board voted three (3)
in favor and zero (0)opposed to send a positive recommendation to the Town Council regarding
TOR-08-4 an ordinance amending Article XIII of the Code of the Town of Agawam Governing
Signs including the amendments proposed by the City Solicitor at the October V subcommittee
meeting.
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, '� R
Travis Ward, Chairman
Agawam Planning Board
cc: Clerk, Mayor, Solicitor, Board of Appeals, Building, File
Agawam PoliceDepartment
Me -Oslo
TO: Planning Hoard
From Sgt. Richard Niles
CC: Chief Robert Campbell
Datm September 9,2008
Rea TOR-084 Revised Sign Ordinance
This proposed zoning amendment would appear not to fall within the scope of the police department's
duties and responsibilities in that if specifically names "the Inspector of Buildings or his designee"as
the enforcing person.
Respectfully Submitted Reviewed&Approved by
1
Sgt.R. Niles Lt.Eric Gillis
Safety Officer
T--
�
1
Agawam Police Department
MeN110
To: Office of Planning &Community Development
From+: Sgt. Richard Niles
CC: Chief Robert Campbell
Date: September 9,2008
Re: TOR-08-4 Revised Sign Ordinance
This proposed zoning amendment would appear not to fall within the scope of the police department's
duties and responsibilities in that it specifically names "the Inspector of Buildings or his designed" as
the enforcing person.
Respectfully Submitted Reviewed&Approved by
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
7:30 PM in the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this
hearing will be to hear the petition of the Agawam Town Council on a proposed zoning
amendment to Chapter 180, Article XII1 of the Agawam Zoning Ordinance regarding governing
signs. A copy of the proposal can be obtained from the Agawam Planning Office between the
hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA.
BY ORDER OF:
Travis Ward, Chairman
co
Agawam Planning Board �-
c;
(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
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,
Travis Ward, Chairman
AGAWAM PLANKING BOARD
TW:prk
Agawam Law Department
Memo
To: Agawam Town Council From: Christopher C. Johnson, Esq.
CC: Susan R. Dawson, Mayor
Date: July 31, 2008
Re: TOR-08-4 -- Revised Sign Ordinance
The following are the major changes to the revised sign ordinance:
1. change name of enforcement official from "sign officer" to "Inspector of
Buildings or his designee";
2. change in requirement that all signs in setback area be at least ten feet
high to giving Inspector of Buildirgs discretion to allow lower sign (see
§180-79 B(3));
3. add provision allowing temporary signs for up to 60 days per calendar year
with permit from Inspector of Buildings — permit fee = $25.00 and
Inspector of Buildings has discretion to issue or deny permit application to
prevent over abundance of signs (see §180-84A);
4. link enforcement of sign ordinance to new enforcement provisions
proposed in TOR-08-3 (see §180-76C);
5. increase size of occupant signage on shopping plaza signs from 8 square
feet to 16 square feet (see §180-86E); and
6. many updates to language of ordinance to achieve internal consistency.
Please do not hesitate to contact me with any questions.
Very truly yours,
�N
Christopher C Johnson
®Z :b b IT BOOT
'YW ' .
TOR-08-4
AN ORDINANCE AMENDING ARTICLE XI11
OF THE CODE OF THE TOWN OF AGAWAM
GOVERNING SIGNS
WHEREAS, Article XIII of the Code of the Town of Agawam governs
Signs and it was written in 1977; and
WHEREAS, the Town is desirous of amending the Sign Ordinances to
update their provisions,
WHEREAS, it is in the best interests of the Town of Agawam to update
and amend the Sign Ordinances; and
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN
COUNCIL that the following changes be made to Article XIII and Chapter 180 of
the Code of the Town of Agawam.-
1 Article Xlll entitled "Signs" is hereby amended to read as follows:
ARTICLE XIII
SIGNS
§ 180-75. Purpose and definitions.
The purpose of this section is to provide for the reasonable regulation and control
of the erection and maintenance of signs and advertising devices within the Town
to the end that the appearance and amenities of the Town may be preserved and
enhanced, without unduly restricting the conduct of lawful enterprise. For this
purpose, the following terms shall have the meanings hereinafter ascribed to
them:
ACCESSORY SIGN — Any sign that advertises or indicates the person
occupying the premises on which the sign is erected or maintained or the
business transacted thereon or the products sold thereon.
AREA
A. Area of the face. The area of the face. of a sign shall be considered to
include all lettering, working and accompanying designs and symbols,
together with the background on which they are displayed and any cutouts
or extensions.
B. The area of a sign consisting of individual letters or symbols attached to or
painted on a surface, building, wall or window shall be considered to be
that of the smallest quadrangle or triangle which encompasses all the
fetters and symbols.
C. The area of a sign consisting of a three-dimensional object shall be
considered to be the area of the largest vertical cross section of that
object.
D. In computing the area of the signs, both sides of v-shaped signs, but only
one side of back-to-back signs, shall be counted.
BILLBOARD — Any Non-Accessory sign greater in face area than 40 square
feet.
COLOR -- The color concept of the sign shall be such that it does not violate
the purpose of this Article.
INSTRUCTIONAL SIGNS — Signs indicating "entrance," "exit" or the like,
erected on premises for the direction of persons or vehicles.
NON-ACCESSORY SIGN — Any sign that advertises for persons or
businesses not occupying the premises on which the sign is erected or
maintained.
OUTDOOR ADVERTISING BOARD -- The Outdoor Advertising Board of the
Commonwealth or any board or official which may hereafter succeed to its
powers or functions.
OVERHANGING SIGN -- A sign or other advertising device which hangs or
extends over a sidewalk or a way in which the public has a right of access. Wall
signs and standing signs shall not be included in this definition.
PERSONS — Includes an individual, corporation, society, association,
partnership, trust or other legal entity, public or private.
REAL ESTATE SIGNS — A sign advertising the sale, rental or lease of the
premises on which it is maintained.
SIGN — Any device, surface or framework on which words, symbols or other
designs are inscribed or displayed and designed to call attention thereto,
including flags, banners and the life.
STANDING SIGN — A sign standing or hanging free on its own support, such
support may be attached to a building or fixed in or to the ground. "Standing
signs" may have two faces or sides showing in opposite directions.
STRUCTURE — The supports, uprights, bracing and framework of a sign. Any
color applied to the "structure" shall meet the purposes of this Article.
TEMPORARY SIGN — Any Accessory Sign, including its supporting structure,
intended to be maintained for a period not exceeding one hundred eighty (180)
days for agricultural purposes and sixty (60) days for any other purpose.
0 i
WALL SIGN —A sign fastened or affixed parallel to and within 12 inches of the
wall of a building.
WINDOW SIGN — A sign painted or placed on the inside or outside of a
window.
§ 180-76. Administration and enforcement; violations and penalties.
A.. Enforcement. The Inspector of Buildings or his designee is hereby authorized
to enforce this Article. The Inspector of Buildings or his designee shall keep a
current list of permitted signs as a public record. Annually, prior to April 15,
the Inspector of Buildings or his designee shall submit to the Outdoor
Advertising Board a list of any billboards which do not meet the specifications
of this authority, together with a notation as to wherein each sign does not
comply. The Inspector of Buildings or his designee is authorized to order the
repair or removal of any sign and its supporting structure which in his
judgment is dangerous or in disrepair or which is erected or maintained
contrary to this Article. Whenever there is a change in the position of
Inspector of Buildings, the new person shall send their name and address to
the Outdoor Advertising Board.
B. Permits and fees.
(1) Except as provided in § 180-78, no sign shall be erected, altered or
affixed to any building or placed on arky premises until a permit has been
issued by the Inspector of Buildings or his designee. Such permit shall
be issued only if the sign complies or will comply with all applicable
provisions of this Article. An application for a sign permit under this
Article shall include an accurate sketch or a photograph showing the true
dimensions of the face and frame of the sign, the lettering, wording,
designs and symbols on the face and as attached to any part of the
frame, the location of the sign and such plans, drawings and
specifications as the Inspector of Buildings or his designee may require
for the structure.
(2) A schedule of fees for such permits shall be determined from time to
time by the Town Council.
C. Whoever violates any provisions of this Article or any lawful order of the
Inspector of Buildings or his designee shall be subject to enforcement and
fines as set forth in §§ 180-15, 180-15A and 180-16. Each day that such
violation continues shall constitute a separate offense. In addition, the
Inspector of Buildings or his designee shall have the authority to remove any
sign from municipal or public property with twenty-four hours advance verbal
notice to the owner of the sign. If the owner of the sign cannot be reasonably
determined, the Inspector of Buildings or his designee may consider the sign
abandoned and may remove the sign forthwith.
• •
§ 180-77. General specifications.
A. Energy shortages. In the event of any energy shortage, the Council is
authorized in its discretion to order that all signs in the Town consuming
electric, gas, oil or other forms of energy cease such consumption in whole or
in part during such hours and for such period as the Council designates.
Non-conformance with the Council's order would be sufficient evidence for
the Inspector of Buildings or his designee to revolve the permit for said sign.
Forty-eight hours' notice shall be given to the owner of such sign prior to any
action taken by. the Inspector of Buildings or his designee.
B. illumination. Except as otherwise prohibited herein, signs may be illuminated
by any fixed light source, of such nature and in such manner that the
brightness of the sign face does not exceed 100 lumens per square foot.
Except for neon-type signs, where permitted, such illumination shall be so
arranged that its source is not directly visible from any way or occupied
building, and no illumination shall be of any color that might be confusing to
traffic. Christmas lights shall not be deemed as coming within the provisions
of this subsection, but this subsection shall apply to window signs.
C. Placement of signs. The Inspector of Buildings or his designee may impose
reasonable stipulations concerning placement based upon the speed of travel
and sight distance of the adjacent ways, the number and location of signs
already existing in the area and the concept of the sign in relation to the
purpose of this Article.
§ 180-78. Residence Districts.
In any area zoned as a residence district, the following are authorized by right
without a permit:
A. One sign displaying the street number and/or name of the occupant of the
premises, not exceeding two square feet in area. Such signs may include
identification of any accessory prcfessional office or other accessory use
permitted in a residence district. Of the signs allowed under Subsections A,
D, E and H, the total number of signs per lot shall not exceed two.
B. Real Estate Signs pertaining to the lease, sale or use of a lot or building,
provided that such signs do not exceed a total of six square feet of area.
Such signs shall be removed forthwith upon sale or rental of the premises
advertised.
0 i
C. One bulletin or announcement board, identification sign or entrance marker
for each public entrance to the premises upon which a church, synagogue or
educational institution or a governmental authority is located. Such signs
shall not exceed twenty square feet in area, provided that there shall be no
more than three signs for each church, synagogue or institutional building
complex.
D. Attached signs. A sign otherwise permitted in this section may be attached to
a building if it complies with all requirements of § 180-77 and this section.
E. Signs offering accommodations for guests, not-to exceed two square feet in
area.
F. Signs prohibiting trespass, hunting and the like, not to exceed two square feet
in area.
G. Street name signs and signs erected by the town, county or state for the
direction and control of traffic.
H. Window signs. For residential zones and their accessory use, window signs
as defined herein, provided that the aggregate area of such signs shall not
exceed two square feet in area. The total of all such signs shall not exceed
two square feet for each occupancy or establishment.
I. A sign on or adjacent to the entry of a multiple-occupancy building listing the
names and/or occupations of the occupants or establishments therein,
provided that the size of such sign shall not exceed two square feet in area
for each occupancy or establishment.
S. Signs designating historical places or points of interest, erected by a
governmental authority or by a duly chartered historical association or the
like, not to exceed six square feet in area.
§ 180-79. Business and industrial districts.
In an area zoned as a business or industrial district, each place of business may
be issued a permit for a sign or signs as follows:
A. Wall signs not to exceed twenty-five (25%) percent of the area of the front and
rear walls and ten (10%) percent of each secondary side of a building are
permitted.
B. Standing signs are permitted subject to the following conditions:
(1) Standing signs are not to exceed twenty-five (25%) percent of the front
wall of the principal structure fronting on a street.
(2) Standing signs and V-shaped signs on roofs, marquees, cornices,
awnings and projections are permitted. Signs mounted upon or part of
ventilating equipment, shafts or towers projecting above the roofline of
the building are prohibited.
i !
(3) Signs located within the setback area shall not be located within ten (10)
feet of grade, without advance written permission of the Inspector of
Buildings or his designee, not including instructional signs.
(4) Window signs for permitted retail establishments in all districts. Window
signs shall not exceed fifty (50%) percent of the area of the window
glass.
§ 180-80. Agricultural Districts.
In Agricultural Districts, a permit for two signs not to exceed thirty two square feet
per sign in area may be granted to identify an accessory use permitted. When
the agricultural zone does not abut a street, the signs allowed under this section
may be located on street front property contiguous to the agriculturally zoned
land, provided that the land is under the same ownership. The sign shall
conform to § 180-77 of this Article. V-shaped signs or back signs are allowed.
Freestanding signs shall be a minimum of one hundred feet apart.
§ 180-81. Existing signs.
Any signs, except billboards, in existence at the time of the initial adoption of this
Article on September 12, 1977 shall not be subject to the provisions hereof
except as to any provisions dealing with the structural integrity of the sign and
§ 180-85.
§ 180-82. Non-Accessory signs.
A. The erection or continued maintenance of private non-accessory signs is not
permitted.
B. The Town Council may authorize the erection of non-accessory signs, kiosks
or directories on public property for direction purposes. Following a public
hearing, the Council shall stipulate specifications, conditions, locations and
fees for the erection, use and maintenance of each non-accessory sign, kiosk
or directory. The Council may set the number of signs, kiosks or directories
and the location thereof, but in no event shall the number of signs, kiosks or
directories exceed six in number for any one entity, business, corporation or
address.
C. Indemnification and liability.
(1) The applicant-owner authorized by the Town Council to erect and/or
retain a non-accessory sign, kiosk or directory on public property of the
Town of Agawam as authorized under Subsections A and B of this
section shall agree to save and hold harmless and indemnify the Town
of Agawam, its officers, directors, employees, board members, elected
and appointed officials and agents from and against all liability, claims,
0 0
demands, damages, costs, expenses, attorney's fees, judgments, losses
and all causes of action on account of personal injuries, property
damage or loss, nuisance or damage of any kind and nature
whatsoever, which arise out of or are in any manner connected with by
reason of, pertaining to or relative to the authorization, erection,
placement, construction, design, location, color, maintenance, repair,
removal, destruction, vandalism, theft and accuracy of the signs, kiosks
or directories under this section. The applicant-owner shall further agree
to save and hold harmless and indemnify the Town of Agawam as
aforesaid for any and all causes of action claimed to arise out of or which
are in any manner connected with said signs, kiosks or directories,
regardless of whether said injury, loss, damage, claim, costs, expenses,
attorney's fees, judgments or losses shall have been caused by, or
claimed to have been caused by, the negligence or fault of the Town of
Agawam as aforesaid or the applicant-owner or by agents or employees
of the foregoing or by accident or otherwise.
(2) In the event any action is brought against the Town of Agawam as
aforesaid, the applicant-owner authorized under this section shall
assume full responsibility and liability for the defense thereof, the costs,
expenses, attorney's fees, settlements and judgments therefrom, and,
upon the failure to do so on notice from the Town of Agawam, the Town
of Agawam reserves the right to defend such action or actions and to
charge all costs, expenses, attorney's fees, settlements and judgments
thereto to the applicant-ow.ier, and the applicant-owner shall
immediately pay and reimburse the town. The applicant-owner shall take
all precautions necessary to protect the public against injury and
damage.
(3) The applicant-owner shall be required to lawfully execute a hold-
harmless indemnification agreement in compliance with this section prior
to final authorization by the Town Council,
§ 180-83. Prohibitions.
A. Overhanging signs. No overhanging signs shall be permitted unless part of a
cantilever of a principal building; however, this provision shall not apply to
street name signs or to signs or devices erected by the town, county or
commonwealth for the direction and control of traffic-
B. Billboards as defined herein are prohibited.
C. Private signs on Town property are prohibited unless a permit for such.a sign
is authorized by the Town Council. No such authorization shall be given until
after a duly advertised public hearing in accordance with §180-82; any such
signs shall conform in all respects to all other provisions of this Article.
Permits for such signs may be revoked at any time by the Town Council.
D. No signs shall contain, in the opinion of the Inspector of Buildings or his
designee, a color or movement which is a violation of the purpose of this
Article.
§ 180-84. Temporary signs and political signs.
A. Temporary signs which do not comply with this Article may be allowed only
after issuance of a permit in accordance with § 180-76, The fee for said
permit shall be twenty-five ($25.00) dollars. Temporary signs which do not
= comply with this Article may be authorized by the Inspector of Buildings or his
designee for public or non-profit purposes without fee. Temporary signs shall
not exceed thirty two square feet in area, and may be maintained for a period
not exceeding one hundred eighty (1 80) days for agricultural purposes and
sixty (60) days for any other purpose. The Inspector of Buildings or his
designee shall have the sole discretion in the issuance or denial of permits for
temporary signs. A property owner or business may receive only one permit
for a temporary sign in any calendar year.
B. Political signs may be erected only on private property and with the
landowner's permission. Political signs shall not exceed six square feet in
area, may be erected fifteen days prior to a primary election and maintained,
in good condition, continuously until forty-eight hours after the close of the
polls of the final election. Candidates eliminated in the primary election shall
have their signs removed within forty-eight hours after the close of the polls of
the primary election. All such signs shall be removed within the forty-eight-
hour limit as a responsibility of the property owner. A challenge to the official
count shall not negate this provision.
§ 180-85. Maintenance.
Ali signs, whether a permit is required or not, shall be maintained in a safe and
legible condition to the satisfaction of the Inspector of Buildings or his designee.
Failure to correct violation of this provision within thirty days after notice thereof
shall constitute grounds for revocation of the permit, or for removal of the sign if it
was erected without the need for a permit. It shall be a duty of the owner and/or
their lessee of any sign to maintain the immediate premises occupied by the sign
in a clean, sanitary and healthful condition.
§ 180-86. Special cases.
Notwithstanding the foregoing provisions of this article, certain special types of
activities or situations are recognized for which such provisions may be modified
and permits issued as follows:
0 0
A. Theaters. The marquee of a theater as defined in G.L. c. 143 shall be
considered as comprising part of the wall area in determining the total sign
area to be permitted.
B. Subdivisions. One permanent subdivision name sign, not to exceed thirty two
square feet in area, may be permitted for each entry to a subdivision from a
public way. Such a sign may be erected only upon receiving approval of the
definitive plan for the project.
C. Contractors, developers. For each construction or development project there
may be issued a temporary permit for one standing sign, not to exceed thirty
two square feet in area, setting forth facts and names pertinent to the project.
Such signs shall be erected only upon receiving approval by the Town for the
project. Such signs shall be removed forthwith when the project is completed.
Any project which is funded in whole or in part by federal, state or municipal
funds may have such signs as the funding authority may require, regardless
of the provisions of this article.
D. Gasoline stations. Standard pump head signs of gasoline filling stations shall
not be included in the total area of signs permitted, and no permit shall be
required therefore, but they shall conform to the provisions of § 180-77B of
this article.
E. Where a building (or buildings in a common group such as a shopping center)
contains three or more separate businesses (or professional offices) and it is
desired to identify the building or group of buildings as such, in addition to the
signs permitted for the individual businesses, there shall be permitted one
standing sign displaying the name of the building or group of buildings and
not to exceed sixty four square feet plus sixteen square feet for the listing of
each occupant or business.
§ 180-87. Special permits.
The Board of Appeals is authorized to grant special permits for signs which
would not otherwise comply with this article. In granting any such permit, the
Board shall comply with all procedural requirements of law pertaining to the
issuance of special permits in general.
§ 180-88. Severability.
The invalidity of any section or provision of this Article for the regulation of signs
shall not invalidate any other section or provision hereof.
§ 180-89. THIS SECTION IS INTENTIONALLY LEFT BLANK.
PER ORDER OF THE AGAWAM CITY COUNCIL
Gina M. Letellier, President
APPROVED AS TO FORM AND LEGALITY
Christopher C. J non, City Solicitor
September 4,2008 MAWAN ADVERTISER NEWS Page 7
tL orics
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 chil- "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 u ., - Visiting Chestnut Street,Springfield,MA 01104.
dren. Al was predeceased by his daugh- American Legion, and was a member of- 9058,
ter, Connie Hollis in 1992; his grandson, the Masonic Temple. He served as Post r to the JACQUELINE WILLARD
n Commander of the VFW. John will be 4900
Matthew O'Connor in 2002; his grand- �' III � Jacqueline
daughter, Tina Marie Hollis in 1962 and missed by many. Services were held at L santon, Marie "Jackie"
his son-in-law, Joseph Hollis in 1998. Southwick-Forastiere Funeral Home. ( 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 Agawam, 82,
burial in the Agawam Center Cemetery. Cemetery. Donations in memory of John
Hills, passed away
Memorial contributions may be made to may be made to The National Parkinson of his
Y peacefully at
the First Baptist Church, 760 Main St Foundation by calling (800) 327-4545 or by the Web a _ _ ,w„uQy, Aug. 28 He was home at
donation,then,
Agawam,MA 01001. ,memorial gift).son.org (click on born in Quebec, Canada on March 7, Heritage Woods
1927. He came to Springfield in 1955 in Agawam on
JOHN S. CESAN JOHNSON and found work as a mason. Jean-Paul T u e s d a y ,
CRYSTAL L
John S. Cesan, of Feeding Hills and was a communicant of Sacred Heart August 26. She
North Truro, 79, died on August 29 at ; ' ii s Crystal L. Church. He leaves his loving wife of 53 was born in
the Holyoke Soldiers' Home.August
was ( Daigneau ) years, Jeannine (Michaud) Roy; three Springfield, May 4, 1926, the daughter
born July 13, 1929 in Feeding Hills, son � � Johnson, 61, of daughters, Joanne Stewart of California, of the late Bartholomew and Catherine
of David E. Cesan and Irene Cesan. He 0 - =ass Agawam, died an Danielle Roy of Illinois and Amy (Donahue) Woods. She was predeceased
�F -`�`` Wednesday, Daugherty of South Carolina; and a by her husband of 59 years, Howard
was predeceased by his sister, Ruth August 27 at grandson, Sean Stewart. He was the old- Willard, who died in 2005. Jackie grew
Cesan. He leaves behind his wife, W `: home surrounded est of 15 children and leaves his eight up in Springfield and graduated from
David T. Cesar and sister-ix�-law, Dee
Bettyanne (Dunn) Cesan; his brother, ;� __ 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-.tones Funeral timd 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 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 Sullivan,Jr.,JD, original "Ma Bell," AT&T, retiring in
Feeding Hills working on the family
years. Crystal graduated in 1970 as a
76, of Agawam,Q 1989. She was a communicant of St.
a-
farm with immediate familywell licensed practical nurse from the Western Patrick's Church in Springfield. During
as as Massachusetts Hospital School of died an Friday, her retirement, she an enjoyed
d Howard en o
his large extended family. John told p �� ., August 29 in J Y
many stories about how his family's Nursing. She then graduated in 1993 as a B a y s t a t e traveling and attending her grandchil-
registered nurse from Holyoke dren's athletic events and other activi-
farm was the first in Western Mass to Medical Center.
start the pick-your-own-strawberries, of Community College. She worked for Born in ties. Jackie was a loving wife, mother
five-and-a-half years at the Hampden and grandmother. She will be missed by
which they were famous for. He also ��� Springfield, son
County House of Correction, 10 years at ff� her three sons, Bruce C. and his wife,
looked back on his family's business the the former Springfield Hos ital and also l of the late James Robin Willard of Enfield, Brian K. and
Eastern States Farmer's Exchange which p J. and Anna
his father and brother started, with many Forked for the Department of ( Kearney ) Rosemary Willard of Holyoke, and
fond memories, including stories of hard Corrections for the State of Connecticut. Sullivan, he was a 1949 graduate of David L. Willard and Debbie Willard 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 gran'at Hartford Hospital where she was degree from St. Michael's College in Calif. The funeral was at the Agawam
also a volunteer and worked on theVt. Funeral Home, followed b burial in St.
Army on April 24, 1951 as a young pri- Suffield Ambulance as an EMT. She was Winooski, 19 and his Juris Doctorate Michael's Cemetery. Donations may be
vote, and was assigned to the 2nd degree in 72 from Western New
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.
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3autl�xwk� _ online by visiting www.turley.com.
1 �QID31 Browse through galleries of photos taken by our staff
6"` photographers that appear every week in THE AGAWAM
ADVERTISER NEWS. You will also be able to purchase
�� leycazn = many photAmp
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September 4,2008 AGAWAM ADVERTISER NM S PW 7
Ob,itt iarics
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 chil- "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 Array 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 11 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 Forked 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
- active in his local church as well and Agawam Center Cemetery. Donations the Sacred Heart Renovation Fund, 395
leaves 18 grandchildren; 18 great-grand
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 01102-9058 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 g
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. Foundarion 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 August 26. She
John S. Cesan, 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 wasarr. ( Daigneau ) years, Jeannine (Michaud) Roy; three Springfield, May 4, 1926, the daughter
y � Johnson, 61, of daughters, Joanne Stewart of California, of the late Bartholomew and Catherine
born July 13, 1929 in Feeding Hills, son
�s Agawam, died on Danielle Roy of Illinois and Am Donahue p
of David E. Cesan and Irene Cesan. Hens-�==' g Y y (Donahue) 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-Iaw, Dee by her loving brothers and six sisters. The funeral was Classical High School. She was along-
Dee Cesan of Feeding Hills; twa 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, John T. Cesan 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 Sullivan,Jr., JD, original "Ma Bell," AT&T, retiring in
Feeding Hills working on 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 died on Friday,
his large extended family. John told Massachusetts Hospital School of August 29 in her retirement, she and Howard enjoyed
many stories about how his family's Nursing. She then graduated in 1993 as a B a y s t a t e traveling and attending her giandchil-
fann was the first in Western Mass to Medical Center.
registered nurse from Holyoke dren's athletic events and other activi-
start the pick-your-own-strawberries, of Community College. She worked for Born in ties. Jackie was a loving wife, mother
which they were famous for. He also five-and-a-half years at the Hampden Springfield, son and grandmother. She will be missed by
�. . .
looked back on his family's business the County House of Correction, 10 years at of the late James her three sons, Bruce C. and his wife,
the former Springfield Hospital and also Robin Willard of Enfield, Brian K. and
Eastern States Farmer's Exchange which J. and Anna
his father and brother started, with many worked for the Department of ( Kearney ) Rosemary Willard of Holyoke, and
fond memories, including stories of hard Corrections for the State of Connecticut. Sullivan, he was a 1949 graduate of David L. Willard and Debbie Willard 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
also a volunteer and worked on the Funeral Home, followed by burial in St.
Army on April 24, 1951 as a young pri- Winooski, Vt. and his Juris Doctorate
vale, 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 faster 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.
.2007
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rm Dais);Daisy,give meyowaww"do. Rotary invites public to
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Page 8 AGAWAM ADVERTISER NEWS September 4,2008
f
Noticcs
School from page l Councilors then voted 7-3 in favor
o Cavallo's motion to end debate.
I roal George George Bitzas, a member of Bitzas then offered another charter
the council's School Budget objection when.Calabrese asked for a
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 OFAGAWAM 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- mamuver that allows a councilor to During the testy debate, Simpson
MISSION Agawam Public Library, ment 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 vote 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 B zone.A copy of rules 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 At press time, School Committee saying, "I am co-chairman of the com-
Determination of 'Davis Ward,Chairman 4:30 PM in the Agawam Vice-Chairman Anthony C. Bonavita mittee, although sometimes I do not
Applicability of McDonald AGAWAM PLANNING Town Hall,36 Main Street, said he was "disgusted b the whole feel that I am asked to be the co-chair-
for property located on 74 BOARD Agawam,MA. g Y „
Kosak Court. Published:Sept.4 and BY ORDER OF:. situation," man.
By Order of Henry A. Sept.11,2008 Travis Ward,Chairman Commented Bonavita, "We (the Cavallo. called out Simpson for
Kozloski,Chairman Agawam Planning Board School Committee) were not invited to putting the transfer back on Monday's
Agawam Conservation LEGAL NOTICE Published-Sept.4 and Tuesday's meeting until Monday, agenda without first conferring with
Commission TOWN OFAGAWAM 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
LEGALNOTICE Planning Board will hold a TOWN OFAGAWAM again. At this point the committee Monday's meeting, Claiming the trans-
TOWN OFAGAWAM public hearing on PLANNING BOARD
ZONING BOARD OF Thursday, September 18, members will be polled to see what fer 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 liamentary moves Concerning the supply text books to these students,"
MA on Monday,September 180, Article XIII of the to hear xhe petition of the
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
.loellen 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 8:30 AM 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
struction of an addition to a BY ORDER OF: Agawam. A copy of the Rheault, Robert Rossi, and Vice- tion, he said there was sufficient funds
residential structure with Travis 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 8:30 AM and 4:30 PM in President Gina Letellier, Joseph it was Letellier who requested the
35 South Park Terrace. the Agawam Town Hall,36 Mineo, 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 OFAGAWAM 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
Appeals Agawam Planning Board Subcommittee. ular council meeting.
Published:Sept.4 and The Agawam Published:Sept.4 and Bitzas and School Budget "The memos went out that we
Sept.11,2008 Planning Board will hold a Sept.11,2008 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
LEGAL NOTICE Thursday, September 18, Following the July 7 meeting, back on (the council's) agenda,"
TOWN OFAGAWAM 2008 at 7:00 PM in the 1 Dawson placed the transfer again on Simpson said.
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-
......................... ........................................................................................... bers 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.
Best ortunities in the fer and voted 4-1 to ask the full coun- "Until the School Committee and
p cil to postpone taking any action school administration can come in here
Ci
1d S S 1 e S Monday night. and demonstrate a critical need for
:INCavallo 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.
I INWOR 11A 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.
Summit��p
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