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8576_ZONING AMENDMENT TOWN COUNCIL SIGN ORDINANCE 1�5% Z0,1-10i Ao-oJoleill PC CL4 0L O 4 cC CO- CK! - u.Qt Uti TOR-J8-4 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. E FE t 4,2DOW7 E 5t1 dg.\:,S3 3 A[trr n _.._ T A �a i ', -- t�a,s�:tmiry gneA,e3mrerQaaw�eo Ito"invites public to canHarvest Festival on Oct.20 ure ` , of that unforgettable you moment �,�,,, m w� i the newspaper. Photos become n e ne spaper t ' timeless when framed or printed on a ��-,.� -` ' t-shirt, mug or mouse pad. E You can now purchase photographs from THE AGAWAM ADVERTISER NEWS E 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 os that didn't slake it into print. -: ... ...... ....... .. ....... ... . ......... .. . . .. . ...... .. . ......... ...... .. .. e 7rMis�f. wwt�a �r.c�ml and+rli+t:ic can ,avr PrL,~islg. 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 r I ' rm Dais);Daisy,give meyowaww"do. Rotary invites public to t t estiva Smile!.Now you can own the picture Harvest , ! on Oct.20 �E of that unforgettable moment captured ='',ice Q ; a PH mow, v in the newspaper. Photos become � � � try . _ timeless when framed or printed on a �� -» -•� .-. tyshirt, mug or mouse pad. r E You can now purchase photographs r -r from THE AGAWAM ADVERTISER NEWS ttt)iwklb online by visiting www.turley.com. Mt Browse through galleries of photos taken by our staff 786 :3 photographers that appear every week in THE AGAWAM ' -$137 ' ADVERTISER NEWS. You will also be able to purchase + � �s many photos that didn't make it into print. ' s Af tiaaa: �< ; Yi;yit ►w_ut ,ct'at>fd ciek on 11le + palper lf�u �ising. ""�a�;,_ 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 [NATIVE PEACHES , Agawam Opticians 338 Walnut Street Ext. • Agawam and APPLES. 413-786-0719 ARE IN16 w Since 1972. • 50% 2nd Pair Discount-Over 800 Frames to Choose From E. 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