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8597_ZONING AMENDMENT ANIMAL HOSPITALS vsq r-I zor),� �mendn� imal II�p;� Is -, Animal hospital p1diffieci By JIM DANKO in the same building.The code Ratner said this week that @ jdankorepub.com also needs to be amended to he has wanted to add a veteri- allow an animal hospital in nary clinic in one of his stores AGAWAM- He might not business and industrial dis- for about 20 years,but has not be ready to rename his busi- trills. had the space until ness"Dave's Soda&Vet City,A Dave's Soda & Pet City, a the Agawambuild uixittg but David A.Ratner nevertbe- regional chain, opened a He said the PetSmart chant less wants to add an animal 25,000-square-foot outlet at has several veterinary clinics. hospital at his store on Spring- 151 Springfield St.in August. '"It makes sense, it's a one- field Street. Ratner bought the former stop shop,"he said. . Before he can open a veteri- Ames building and parking lot Ratner said he has lined up nary clinic at Dave's Soda & on Springfield Street in 2006. a veterinarian,but declined to Pet City, Agawam officials The total cost of the reveal a name until the deal first need to.amend the word- and renovation was �� gets approval. . ing of a special permit. lion,he has said. A-veterinary clinic, if ap- The City Council has ached- In addition to the main proved.by the city, would not uled a Public hearing store, the property includes be the only distinguishing part P B for about 12,000 square feet of of the new Pet City Agawam March 16. warehouse and office space, store. Officials need to change the plus another 30,000 square It also includes an adoption wording for special permits feet Ratnerplans to divide into center for homeless cats, for animal hospitals in order commercial spaces of 10,000 Councilors set the public to allow the clinic to be housed and 20,000 square feet. hearing without discussion. CZ L Q C A L MW The RepolAkan,Mond4iy,February 23,2W PlanAxers bald at stare action The following is a list-of Office Building,Recreation The owner of Dave's Soda & Pet City will have to he wants to open a veterinary though the measure might be municipal meetings this week. Office. clinic in the same building. well-intended, he,objected to Zoning Board of Appeals, 7 pursue another path to the City Council. He petitioned to amend the including a business owner's Agawarn p.m.,Municipal Office Build. special permit to change the name. He said a vote to be a Mwday ing,City Council Chambers By JIM DMK4 of Longmeadow,special treat wording to allow veterinary petitioner would give an b.com meat. ap- anfco@re u clinics inthe all nonresidential pearance that Planning Agawam Small Business Tweed" p districts and remove the re- Board supports the measure Assistance Center Board of Capital Program mla ring AGAWAM-Dave's Soda& The board voted er. against quirement that the hospitals because Ratnees name is in- Directors, 8.30 a.m Agawam Committee, p. becoming a petitioner. Senior.Center. nici of Office Building,To- Pet Ci 's effort to add an ant- g p be in separate buildings. eluded. p �: t5' Ratner can pursue other Dachos told the Planning Board niember Mark R.Pa- tham room: mal hospital to its new store ways of getting the measure Board that.she submitted the leologopoulos, who voted in School Committee,7 p.m., Wremont Board,7:30 has hit asnag• before the council,such as ob- request to to the pro- favor of the measure, said he a.m.,,Sullivan Paper Co.;58 The request by the planning tainin signatures from 18 qt p Agawam Middle School. director far the , Platoon g �' toss. She said the proposal is would support becoming a pe- � �g�Avenue. g registered.voters, said Plan good forbusiness._ 'titioner if Dave s Soda & Pet ___— .a I Board to become a petitioner ning and Community Devel- The City Council had ached- City was not included in the Board of Commissioners of Conser m*w. Commission, was needed to move the pro-. opment Director Deborah S. uled a March 16 public hear- wordingto avoid an ear- Agawam Housing Authority, 7 m Mu I Office Build- posal before the City Council. Dachos. ing on the special ermit. . an favoritism. aAl? 4:30 p.m.,Agawam Housing ing,Mayor's meeting room. An aft"xtmative vote would not The code of the town of °X°m n g g yov to sup- Board member Elaine V. Administrative offices. Lower Pioneer Valley Edu- havebeen a sign that the Plan- Agawam allows a special 1er- port anything, Dachos said Awand, who also voted in fa• TIwr1Mfa► catior►al Collaborative Board ning 'Board supported the mit to be granted for an ani .toldthepIanningBoard. vor of the measure, agreed Conservation Commission, of Governors,6:30 p.m., 174 measure. mal hospital, but the hospital "I'm concerned about that with Paleologopoulos. 6:30 p.m.,Agawam Public Li- Brush hill Avenue,LPVBC But Planning Board mem- must be in certain business shopping center surviving.I'm Voting against the measure brary. board conference room, bers Thursday expressed con- districts "and in a separate concerned about Dave's sur- were.Ward, Michael Morassi �,sd� terns: that becoming . a building. viving," Dachos said. "To ex- and Violet Baldwin. West Springfield Tic Sa Thursday llAe petitioner would create an ap- Ratner's store at 151 pedite the process, I'm Ratner did not attend the. eu�� Committee4 p.m.,Municip pearance that they were giv- Springfield St., which was bringing it before you." meeting,but declined to com- al ing the well-brown pet food opened in August,is not in the Planning Board Chairman went when reached at his Park and Recreation Com- Office Building,City Council store owner David A. Ratner, correct business district.Also, Travis P. Ward said even home onThursdaynight. mission,7 p.m.,Municipal office. Veterinarian ob ects to sto' ' re The public can weigh in that the bylaw, as it now stands, is designed to protect an the proposal by Dave's the public from contact with sick animals that could trans- Soda &..Pet City during (l mit disease. Planning Board hearin on He lists other reasons for g g upholding the requirement Thursday. that an animal hospital be in a y free-standing building sepa- rate from other businesses. By JIM DANKO Among them,he says, a med- idanko@repub-com ical building's design takes into consideration air flow and . AGAWAM Citing public filtration systems and is set up health and safety concerns, a to efficiently,dispose of toxic veterinarian has sent the Plan chemicals, animal waste.and ning Board a letter opposing bio-hazardous waste. an effort to amend a zoning or- Vincunas states that be- dinance to allow Dave's Soda cause of their nature, veteri-. & Pet City to open an animal ,may hospitals are not good hospital.at its store on Spring environments for the public, field Street. especially young children. Richard .R. Vincunas, of "When an unattended child Feeding Hills Animal Hospi- reaches out to pet an aggres- ta1, 1194 Springfield St.,urges sive or irritable dog, bad re- the board to deny a request by salts can bappen," Vincunas David A. Ratner, of bong- writes. meadow, -owner. of Dave's Vincunas mentions the re- Soda&Pet City. cent salmonella outbreak at a The Planning Board will peanut facility in Georgia as hold a public bearing 7:30'to- an example of a possible dan- night at Agawam Public Li- ger. brary on the. proposal to "All it would take is for a amend the zoning bylaw. '.dog to have an episode of dicer- The City Council,which ul- rhea in the parking lot or as he timately decides to.accept or wandered through the aisles reject the proposal,will hold a of the store for.the general public hearing on March 16. public to be exposed to this Ratner on Monday decUmed virulent bacteria," Vincunas to.comment,saying lie has not writes. seen V.incunas'letter.. Vincunas also said he op- Feeding Hills.Animal Hos• poses Ratner's effort to allow pit al and Agawam Animal animal hospitals in all non- Hospital, 65 Mill St., are the residential districts. only two vvm1=`q"hospitals "It doesn't make any sense inAgawani to add one business to the det- The.or now states riment of two businesses that special permits for an animal have supported this communi- fiospitaf.war ices granted, but ty-for over two decades,"Vin- only in certain business dis- tunas writes in the letter. tricts and. with the require- In an interview on.Monday, meat that the animal hospitals Vincunas said the city would be in separate buildings. not see any increase in its tax Ratner wants the city to base or any new services as a modify the ordinance to allow result of the change. He said animal hospitals in all non- approval of the change would residential districts and to re 'only benefit Ratner. move the requirement that an "Special interests shouldn't imal hospitals be in separate drive the decision-making by buildings. the City Council," Vincunas Vincunas states in his letter said. TOR-09- AN ORDINANCE AMENDING SECTION 180-12 OF THE CODE OF THE TOWN OF AGAWAM GOVERNING THE ISSUANCE OF SPECIAL PERMITS FOR ANIMAL HOSPITALS WHEREAS, Section 180-12 of the Code of the Town of Agawam currently provides that: "A special permit may be granted for an animal hospital, but only in Business A and Business B Districts and with the additional requirements that animal hospitals shall be separate buildings in themselves and that no animals shall be kept out of the building in cages, runs, kennels or yards. A special permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals." WHEREAS, Dave's Soda and Pet City is desirous of adding a veterinary clinic at its new store on Springfield Street in Agawam; WHEREAS, it is in the best interests of the Town of Agawam to modify the existing town ordinance relative to animal hospitals to allow animal hospitals in business and industrial districts and to remove the requirement that animal hospitals be in separate buildings; and NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the following change be made to Chapter 180 of the Code of the Town of Agawam: 1. F4180-12 entitled "Special Permit for Animal Hospital" is hereby amended to read as follows: "A special permit may be granted for an animal hospital, but only in Business A, Business B, Industrial A and Industrial B Districts and with the additional requirement that no animals shall be kept out of the building in cages, runs, kennels or yards. A special permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals." PER ORDER OF THE AGAWAM CITY COUNCIL Gina M. Letellier, President APPROVED AS TO FORM AND LEGALITY Christopher C. o nson, City Solicitor A.�,')wn ot Do -Z 7 err If FAX COVER SHEET F a-v Num b er (413) 78 6-992 7 Date: Originating Dept. TO: Iq A%dA.)-47 40*1 11bo6e—77 x e"e— FRO M: A'wnbero Pere Doz .f 1�1 — CONTINIENTS: Fa%:ti-cunmA-.ciony are wIdYj;w [I ai I I;icipo I jsfttpusr,c. All.),P'yf'.so 1)(11 oi-polirical itsc p rollihiicd hY I(l I I'. 1 LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, March 5, 2009 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 Planning Board on a proposed zoning amendment to Section 180- 12 of the Agawam Zoning Ordinance regarding the issuance of Special Permits for Animal Hospitals. The proposed amendment reads as follows: "A special permit may be granted for an animal hospital, but only in Business A, Business B, Industrial A and Industrial B Districts and with the additional requirement that no animals shall be kept out of the building in cages,runs,kennels or yards. A special permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals." 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 Agawam Planning Board (Ad to be run 2/19/09 &2/26/09) cc: Planning Boards in: Westfield West Springfield Suffield Southwick Springfield Pioneer Valley Planning Commission Department of Housing& Community Development,Boston of AgawamTown 4 • 36 Main Street Agawam,Massachusetts 4.1{f01-1837 Tel. 413-786-0400 Fax 413.-786-9927 March 6;2009 Gina Letellier, President Cecilia Calabrese;Vice President c�a George Bitzas, Councilor Paul C. Cavallo, Councilor -t Jill Messick, Councilor Joseph Mineo, Councilor Dennis J. Perry, Councilor = �, Donald M. Rheault, Councilor cn Robert E. Rossi, Councilor Jill P. Simpson, Councilor Robert M. Young, Councilor Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting-held on March 5, 2009, the Agawam Planning Board voted 4-0 to send a negative.recommendation to the Town Council with regard to the Zoning Amendment concerning animal hospitals. The Board supports such use being in a separatebuilding and does not feel that there is a long term need in this area that is not being met.for such services. If you have any questions, please contact this office at 786-0400, extension 283. Sincerely, Violet Baldwin, Acting Chairman AGAWAM PLANNING BOARD cc: Town Clerk, Town Solicitor, 0 Memorandum To. Planning Board CC: Chief Robert Campbell From: Sgt. Richard Niles Subject: Proposed Zoning Amendment—Animal Hospitals Date: 03-03-2009 Based upon the information provided, there would appear to be little negative impact to pedestrian,bicycle, and/or motor vehicle traffic safety. Respectfully Submitted Revi d App ed by Sgt�RNi'lcs�' Lt. ric Gilli Safety Officer Agawam Police Department MAR 0 6 2009 . hUAt d .- ORIGINAL • • ,'x � e5 �u � !ANI�IAO Page 1 of 1 Deborah Dachos From: Jeffrey Hulbert Sent: Thursday, March 05, 2009 8:22 AM To: Deborah Dachos Subject: FW:Website comment:Animal Hospital Zone Change Importance: High FYI Jeff From: Bates-Gentile, Marilyn [mailto:Marilyn.Bates-Gentile@baystateheaith.org] Sent:Thursday, March 05, 2009 7:27 AM To: Jeffrey Hulbert Subject: Website comment: Animal Hospital Zone Change Importance: High I am unable to attend the town Planning Board meeting but I want my voice to be heard. I am in total disagreement with Dr. Vincunas's statements. I have lived in Agawam almost 22 years and my husband grew up in Agawam. Pet owners want the right of CHOICE. Two vets in the whole town is NOT a fair choice. Dave Ratner has brought revenue to this town and his love for animals is well known. I am positive that having an animal hospital will not in any way be detrimental in any non- residential or residential area. Dave's animal hospital would most certainly follow all rules with regard to filtration systems, toxic chemicals, animal waste and bio-hazardous waste. ( also would like to state that I would be a willing volunteer if this animal hospital opens). The MSPCA was in a non-residential area. I didn't see children getting sick even when they were in their old facility. I work in a hospital and I know that even human hospitals can be unsafe when there are outbreaks. As for the salmonella outbreak at the peanut facility in Georgia, rules were broken, sanitary procedures were not followed. Stop comparing apples to oranges. I think Dr. Vincunas has his own agenda-he is worried about losing customers. Please, think outside the box. Do the right thing and allow this zoning change. It hurts no one and can help many. Marilyn Bates-Gentile 21 Cherry Street Feeding Hills, MA 01030 CONFIDENTIALITY NOTICE: This email communication and any attachments may contain confidential and privileged information for the use of the designated recipients named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review,disclosure, dissemination, distribution or copying of it or its contents is prohibited.If you have received this communication in error,please reply to the sender immediately or by telephone at(413)794-0000 and destroy all copies of this communication and any attachments.For further information regarding Baystate Health's privacy policy,please visit our Internet web site at http://www.baystatehealth.corn. 3/5/2009 il: q �P Town of Agawam Interoffice Memorandum To: Agawam Planning Board CC: From: Deborah Dachos, Director of Planning and Community Development Date: 315/09 Subject: Zoning Amendment — Animal Hospitals The Agawam Town Clerk received the attached petition from 16 registered voters to amend Section 180-12 of the Zoning Ordinance governing the issuance of Special Permits for animal hospitals on February 20, 2009. Currently, Section 180-12 of the Zoning Ordinance reads as follows: "A special permit may be granted for an animal hospital, but only in Business A and Business B Districts and with the additional requirements that animal hospitals shall be separate buildings in themselves and that no animals shall be kept out of the building in cages, runs, kennels or yards. A special permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals." The new Section 180-12 would read as follows: "A special permit may be granted for an animal hospital, but only in Business A and Business B, Industrial A and Industrial B Districts and with the additional requirement that no animals shall be kept out of the building in cages, runs, kennels or yards. A special permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals." As amended, animal hospitals would then be allowed in both commercial and industrial districts. Also as amended, animal hospitals would not be restricted to separate FROM THE DESK OF... DEBORAH S.DACHOS . DIRECTOR OF PLANNING AND COMMUNITY DEVELOPEMENT TOWN OF AGAWAM 36 MAIN ST AGAWAM.MA 01001 Email address planning@agawam.ma.us 413-786-0400 X 283 Fax:413-786-9927 buildings. 0 9 At the request of the Board, I have contacted the communities of Chicopee, Westfield, Greenfield and Enfield to determine how they regulate animal hospitals and veterinary clinics. Chicopee is silent on this use. There is no reference to either of these uses in their zoning. In Westfield, Residential kennel, commercial kennel or veterinary hospitals are allowed in the following districts: Rural Residential, Core, Business A and Business B. "For commercial kennels, the area where animals are housed or contained must have a 150 foot minimum setback from any property line." There are no specific requirements for veterinary hospitals. All three uses require special permits. Attached you will find the applicable sections of the Westfield Zoning Ordinance. The Greenfield Zoning Ordinance reads as follows: "Animal Kennel or Hospital: A structure used for the harboring and/or care of more than three (3) dogs that are more than six (6) months old, whether commercially operated or not, except for farm dogs used for herding or protection of livestock from predators." Such uses are allowed in Residence C, Residence B and General Commercial by Special Permit. According to their Senior Planner they are in the process of amending the Zoning Ordinance to allow the use by Special Permit in their Urban and Semi Residential zones. The Enfield Zoning Ordinance reads: "Animal Hospitals, Clinics: A building or group of buildings and facilities used for the treatment, boarding, and care of animals. In the case of a hospital or clinic, the facility must be under the supervision of a doctor of veterinary medicine licensed by the State." This is the only community that referenced buildings (one or,more). In addition, I reviewed West Springfield's Zoning Ordinance (attached). Such facilities are located in their business districts by special permit. No separate structure is required. Including animal hospitals in Industrial A and Industrial B From my perspective, including animal hospitals in our two industrial zones would be consistent with allowing the use in the two commercial zones. The intent would be not to allow the use in residential districts where barking dogs may present a nuisance. An argument could also be made that since Agawam's zoning is cumulative, such a use may already be allowed in the industrial zones since they read "any business or agricultural use permitted in an Agricultural, Business A or Business B Districts" are allowed uses. Need for separate buildings I have reviewed the earlier zoning by-laws (1951 and 1972). 1 do not see any references to animal hospitals. Therefore, the provision in the current zoning ordinance must be fairly recent. Concerns of the Board regarding disturbance of other tenants could be fairly and adequately addressed by the Board of Appeals when granting the special permit. Or the Board of Appeals could deny the Special Permit if the proposed building was found in adequate. �r s How zoning amendments are proposed There were concerns raised by the some of the Board members that the proposed amendment would only benefit one individual party and should, therefore, not be considered. A zoning ordinance should not be a static document. As technologies change and/or new and different situations arise, wording in zoning ordinances come into question and often times the wording is revised. To assume that since something has been done one way in the past, it should continue to be done the same way in the future would be counter to the term planning. The Zoning Act was enacted in 1975. The purposes were "to promote the health, safety, convenience, morals or welfare of the inhabitants of the city or town". Each amendment to the Zoning Ordinance should be evaluated to determine whether it promotes these purposes. 0 WESTFIELD ZONING O*NANCE 3. Radio or TV broadcasting studio (Planning Board). 4. Day or residence camps(City Council). 5. Manufactured Home Retirement Parks in accordance with Article V (City Council) (06-28-02) 6. Mobile home or trailer camp for temporary recreation or vacation use only (City Council) 7. Residential kennel, commercial kennel, or veterinary hospital (Planning Board). Residential kennels must have a minimum lot size of 60,000 square feet. For Commercial kennels,the area where animals are housed or contained must have a 150 foot minimum setback from any property line. This ordinance shall become effective on July 1, 2006. (06-01-06) 8. Lodging house including bed and breakfast inns provided that off street parking and two thousand(2,000) square feet of open space be provided for each room for rent(City Council). 9. Riding academy or like activity provided that the stables are located not less than two hundred(200) feet from a dwelling(Planning Board) 10. New Cemeteries with approval of the Health Department(City Council) 11. Wood/Stump Reclamation Facility(City Council). 11/3/88 a. Special Permit shall be for two years; b. No part of the operation shall be visible from the road or and residence. C. All requirements of the Department of Environmental Quality Engineering (D.E.Q.E.), Health Board, Conservation Commission, and Article IV, Section 4-120 of the General Regulations shall be complied with; d. The Health Department shall monitor the operation if any violations are found, the permit shall be revoked immediately pending investigation by the City Council. e. The owner of the operation shall acquire a bond, to be filed with the Treasurer and the City Clerk, in the amount equal to removal costs of six-(6) month's storage of stumps, logs,mulch, sawdust and firewood on the property. 1I1-5 ENFIELD ZONING ORDINANCE 6. Animal Hospitals, Clinics: A building or group of buildings and facilities used for the treatment, boarding, and care of animals. In the case of a hospital or clinic, the facility must be under the supervision of a doctor of veterinary medicine licensed by the State. 7. Antenna: A devise used to receive or transmit electromagnetic waves. S. Assisted Living Facility: An age-restricted managed residential community providing support services that encourages older residents to maintain a maximum level of independence and includes appropriate accessory services and facilities to provide assistance and maintain independence. 9. Bed and Breakfast Inn: An owner-occupied residential facility offering overnight housing in up to five (5)bedrooms and serving breakfast to its guests. 10. Boarding House: A dwelling in which the owner or tenant rents rooms and provides some meals for monetary compensation to no more than six(6)persons,not including using the cellar area. 11. Buffer Yard: An area of land that is landscaped so as to provide a visual barrier between differing land uses. 12. Building Area: The ground area enclosed by the walls of a building together with the walls of all covered porches and other roofed portions. 1 1'I i2...M;..r. A— o4r��rtiirP h�. ;i � r f .-A ,.,4o. I-1 { Alnr 1+PY hn..einrt .r nr+lnc..rn of .,oro .n� ENFIELD ZONING ORDINANCE ti. 1 tG1,7UulU1llr,banvljiGJ aLlMAIVU LU a UullUlllF play Uc G1 G{ LGU lul Watu Ul Lilt tt UltL Uultultlr' I114c Z�LILJJ;'" Ll1 Special Permit approval, but in no case shall freestanding canopies be erected closer than ten(10)feet to the front property line. Freestanding canopies shall not be enclosed or have any completely enclosed buildings beneath them forward of the front building line. The ground projection of any canopy shall be computed as building ground coverage.(Note that the TVC is exempt from this requirement.) B. In Business L and Business G Districts, one side yard of each lot may be omitted and buildings may be built to the common lot line provided the party or other walls separating them are of masonry construction and without openings. Section 5.20 Use Requirements The following table establishes use requirements for the Business, Thompsonville Village Center, and Special Development Districts: Table 5.20 Use Table For Business,Thom sonville Village,Hazardville and Special Development Districts USE DISTRICT BL BG BL-H* BG-H* BR TVC BP SD LO Adult/Child Day.Care Facilities SP SP SP SP SP SP Agricultural Activities 20) SP SP Amusement Machines SP SP SP SP SP SP Animal Hospitals,Kennels&Veterinary Offices S SP OT Assisted Living/Continuing Care Facilities SP Auction Roams S S SP SP Bed&Breakfast Inns SP SP SP SP Building Material Stores S S SP SP SP S S S Business Services S S S S SP SP SP E E Business/ProfessionalOffices S S S S SP S S E E ZONING Table of Uses Town of Greenfield Ch.200,Zoning (cont'd) RC RB RA SR H CC LC GC O GI PI Commercial Uses Adult entertainment N N N N N N N SP N N N Animal kennel or hospital SP SP N N N N N SP N N N Automotive repair and N N N N N N SP SP N SP N servicing shop Bulk storage and/or sale of fuel N N N N N N N SP N SP SP or other fluid other than waste Car wash (on public sewer only) N N N N N N Y Y N N N Construction supply N N N N N N Y Y N Y N establishment Funeral home N N SP SP SP SP Y Y N N N Gas station N N N N N N SP SP N N N Hotel,motel,inn N N N N N SP Y Y N SP N Conference center N N N N N SP Y Y N SP N Medical center/clinic including N N N N Y SP SP SP Y N N accessory research Photocopying and data processing N N N N N Y Y Y Y Y Y ("Only adult bookstore,adult video store,and adult paraphernalia store. See the Entertainment Overlay District §200-7.13C for adult cabaret,adult motion-picture theater and establishments which display live nudity for their patrons. Town of Greenfield Zoning Ordinance September 24,2008 - 102- GREENFIELD ZONING AGRICULTURE,FLORICULTURE,HORTICULTURE,VITICULTURE-- "See"farm." ALTERATIONS --As applied to a building or structure; a change,rearrangement or reconstruction of the structural parts, or an enlargement whether by extending on a side or by increasing in height, or the moving from one (1) location or position to another. ANIMAL KENNEL OR HOSPITAL -- A structure used for the harboring and/or care of more than three (3) dogs that are more than six (6)months old,whether commercially operated or not,except for farm dogs used for herding or protection of livestock from predators. ANTIQUE SHOP -- An establishment for the sale of antiques, secondhand articles,or collectible items, including a permanent or on-going tag,yard,garage, or barn sale. BANK-- The portion of the land surface which normally abuts and confines a water body.The upper boundary of a bank is the first observable break in slope or the mean annual flood level,whichever is lower and as further defined in 310 Code of Massachusetts Regulations(CMR) 10.54(2),Wetlands Protection Act. BILLBOARD -- A sign greater than nine (9) square feet in area and ten (10) feet in height which advertises products or services not sold or provided on the premises on which the sign is located. BUILDING -- An enclosed structure, either a principal building or shed, garage, stable, greenhouse, or other accessory building. BUILDING,DETACHED--A building completely surrounded by open space. BUILDING HEIGHT-- The vertical distance from the mean finished grade of the ground adjoining the building to the highest point of the roof for flat or shed roofs, to the deckline for mansard roofs, and to the mean height between eaves and ridge for gable,hip, and gambrel roofs.Not included are spires, cupolas, TV antennae, or other parts of structures which do not enclose potentially habitable floor space. BUILDING LINE -- The line of the face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed,but does not include steps. BUILDING, PRINCIPAL -- A building in which is conducted the main or principal use of the lot on which said building is located. BULK STORAGE -- Exposed outside storage of large quantities of sand, lumber, coal or other materials, and storage of large quantities of liquids and gases in tanks except underground as an accessory use. CAMPER -- A portable dwelling, eligible to be registered and insured for highway use, designed to be used for travel, recreational and vacation uses but not for permanent residence. Includes devices commonly called travel trailers,pickup campers,motorized campers,and tent trailers. CAMP GROUND -- Premises used for campers, and/or tenting, where a fee is charged. Facilities operated on a seasonal basis for a continuing supervised recreational,and/or athletic program. CLUB -- Premises or building of a membership organization exclusively servicing members and their guests but not including any vending stands, merchandising, or commercial activities except as required generally for the membership and purpose of such club. Does not include sports clubs as elsewhere defined,or clubs or organizations whose chief activity is a service customarily carried on as a business. Town of Greenfield Zoning Ordinance September 24,2008 -3 - Alteration. Any construction, reconstruction or other action resulting in a change in the structural parts, height, number of stories, entrances, exits, size,use or location of a building or other structure. Animal clinic. An establishment where animals(pets) are admitted principally for examination,treatment, or care by a doctor of veterinary medicine, and which does not include outside runs and kennels. Boarding is provided only for medical purposes or treatment. Bank. An institution in the commercial world, empowered to receive deposits of money, to make loans, and to issue its promissory notes (designed to circulate as money and commonly called"bank notes" or"bank bills") or to perform any one or more of these functions. Bed and breakfast establishment. An owner-occupied single-family dwelling which may rent rooming units for transient occupancy and where a breakfast is included in the rent and all accommodations are reserved in advance. Board of Appeals. The Zoning Board of Appeals of the Town of West Springfield, Massachusetts. Boarding house. Any dwelling unit in which more than three (3)persons whether individually or as families are housed or lodged for hire with or without meals. A motel, rooming house or a fin-nished rooming house shall be deemed a boarding house. Buffer area. A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another. See Diagram 2-1. Building. Any structure having a roof supported by columns or by walls and intended for the shelter,housing or enclosure of persons, animals, or chattel. The word"building" shall be construed, where the context allows, as though followed by the words"or part or parts thereof'. Building, accessory. A detached building which: (a) is subordinate in area to the principal building,(b)the use of which is customarily incidental and subordinate to that of the principal building, and(c) is located on the same lot as that occupied by the principal building. Building, attached. A building having any portion of one or more walls in common with adjoining buildings. Building coverage. That percentage of a lot covered by buildings or structures. Building height. The vertical distance from the mean finished grade of the ground adjoining the building to the highest point of the roof for flat or shed roofs,to the deck line for mansard roofs, and to the mean height between eaves and ridge for gable, hip, and gambrel roofs. Not included are spires, cupolas, TV antennae,or other parts of structures which do not enclose potentially habitable floor space. 2 - 2 West Springfield Zoning Ordinance—October 2005 BUSINESS ZONING DISTRICTS (Continued) Uses Standards &Conditions Zoning Districts NB BA BA-1 BB BB-1 CB AGRICULTURAL USES 1. Agriculture,horticulture,floriculture, Must be located on parcels of land with more than P P P P P P or viticulture 5 acres. No yard for the raising of swine and livestock shall be situated nearer than 100 feet to any lot line or any building or structure used for human habitation. No poultry yard shall be situated nearer than 100 feet to any lot line or any building or structure used for human habitation. A farmstand must be located at least 30 feet from any street line and accessible over a private driveway. Farmstands shall be accessory to a dwelling on the same lot. 2. Nurseries&greenhouses - SPR - SPR SPR 3. Animat shelters,animal clinics, - SPR - SPR SPR - veterinary hospital WHOLESALE,TRANSPORTATION AND INDUSTRIAL USES 1. Converting,fabricating, - - - SPR SPR - manufacturing,altering,finishing and/or assembling uses 2. Scientific and/or research laboratory - SPR - SPR SPR - 3. Newspaper printing,job printing, - SPR - SPR SPR - upholstering, laundries,cleaning and TOWN OF AGAWAM CONSERVATION COMMISSION 36 MAIN ST.,AGAWAM, MA 01001 786.0400, ext. 245 MEMO TO: Planning Board FROM: Conservation Commission SUBJECT: Proposed Zoning Amendment - Animal Hospitals DATE: March 4, 2009 The Agawam Conservation Commission supports updating Agawam's Zoning Bylaws to meet the future needs of the Town of Agawam. W--7 Henry A. Kozloski, Chairman Agawam Conservation Commission FEEDING HILLS 1194 Springfield Street ANIMAL Telephone Feeding Hills,MA 01030 CHOSPITAL (413)786-8828 RICHARD VINCUNAS, D.V.M. F %tv E I .. . February 26, 2009 FEB 2 $ 2009 Dear Agawam Planning Board member, PLA `.. J% . 4 �- ; ; .� It has come to my attention that Dave Ratner has requested that the town of Agawam revise it's zoning by-laws in two important ways, for his benefit, profit and convenience. This request should be denied for several different reasons. The most important reasons are the issues of public health and safety that this proposal generates. The current zoning by- law requiring a free standing business was put into place to protect the general public from contact with infectious and zoonotic diseases. As with any medical facility the design of a separate and isolated building takes into consideration air flow and filtration systems that prevent dissemination of infectious air-borne disease and toxic chemicals such as anesthetic gas. It is designed to efficiently dispose of toxic chemicals, animal waste, and bio-hazardous waste. It is designed to separate and isolate animals with infectious and zoonotic disease from healthy animals and the public at large. It is designed to prevent accidental exposure of pregnant women and children to scatter radiation used in diagnostic equipment. A multi-use public facility can not adequately meet these standards. In a medical facility all employees are sufficiently trained in disease transmission control along with animal restraint and behavior skills. Skills and knowledge that the general public may not be aware of. All employers are required by workers compensation laws to carry insurance at higher risk level than those for a cashier, inventory worker, or salesperson. This is due to the inherent risk involved whenever people and unpredictable animal behavior come together. Veterinary facilities by definition, are where sick, injured, often times irritable animals are brought for diagnosis and treatment. This is not a good environment for the public, especially young children, to be in contact with, as they wander down the aisle. When an unattended child reaches out to pet an aggressive or irritable dog bad results can happen. Another good example of what could happen is demonstrated by the recent salmonella outbreak in the peanut facility in Georgia. The salmonella bacteria was brought into the facility by a carrier, someone who didn't practice proper hygiene. The salmonella bacteria causes diarrhea in both humans and pets. All it would take is for a dog to have an episode of diarrhea in the parking lot or as he wandered through the aisles of the store for the general public to be exposed to this virulent bacteria. If merchandise such as a pigs ear or dog bone were to fall on the floor and be placed back in the bin it would contaminate the food supply, or to have the same employee that cleaned the accident up go back to stocking the shelves with bags of dog and cat food, that are destined for the public. Sick animals and food supplies are never a good mix. For that matter any animal and food supplies don't mix. That is why pets are not allowed in restaurants or supermarkets. If instead of a full service clinic a vaccination clinic is planned, all of the above scenarios are still relevant but this type of clinic raises other issues . A proper client/patient relationship is necessary to legally and responsibly treat animals or dispense medications. A part--time veterinarian holding a vaccination clinic is unaware of any pre-existing condition that might adversely affect the response to treatment. If it is a vaccination clinic then no diagnostics or other treatments are offered requiring the owner to go to a second location for a proper exam and treatment, making pet care actually less convenient for the owner. This not in the best interest of the animal or the owner. If the clinic is operated on a limited basis and the animal is subsequently presented to another veterinarian, how is the current vaccination status be determined? This is critical information for the treatment and outcome of the patient. Literally, a life or death decision must be made if vaccination status is unknown. (Please see the attached state regulations from the Massachusetts Department of Public Health) . These examples represent the tip of the iceberg regarding the potential impacts on public health. The other by-law that Mr. Ratner wants to change is the ability to open a veterinary facility in all business and industrial zones. Before his need arose, there was no desire by the town to make any changes in the zoning by-laws. In fact there are already 2 veterinary hospitals in the small town of Agawam that have made . a commitment to this community, have paid taxes for over 20 years, have veterinary medicine as their sole source of income, and have followed the current by-laws as required. Although Dave Ratner would benefit from a by-law change, the town would not increase it ' s tax base, nor would any new services not already available to the community be provided by this Zone change. It doesn't make any sense to add one business to the detriment of two businesses that have supported this community for over two decades. I believe that the town should make a change in a by-law only after a comprehensive assessment related to a long range plan based on the needs and safety of the entire community, not just on the interests of a single non-resident. 0 If you would like to discuss in further detail any of the other risks to public health and safety that this type of by-law change could cause, please feel free to contact me at 786-8828 . Sincerely, �t Dr. Richard Vincunas Massachusetts Department of public Health Bureau of Comunicable Disease Control Rabies Management of Dogs and Cats exposed to Wildlife (Raccoon, Skunk, Fox chuck, or any carnivorous wild animal) Exposure Category If dog or cat if dog or cat current) vaccinated NOT currently Vaccinated Direct contact with 1. Booster immediately* 1. Euthanize,or Visible bite from 2.Notify local director of 2. If owner unwilling: Confirmed rabid health and local animal a. notify local director Animal(includes control officer of health and animal eating viscera) 3. Strict confinement with control official regular veterinary observation b. Isolate 3 months and for 3 months then strict confinement for 3 more months, with regular observations by a veterinarian,throughout Direct contact with 1. Booster immediately* 1. Euthanize, or or visible bite from 2. Notify local director of 2_If owner unwilling: suspect rabid animal, health and local animal a. notify local director including eating control officer of health and animal visera(suspect rabic) 3. Strict confinement for control official animal unavailable 3 months b. Strict confinement for testing) for 6 months, with regular observation by a veterinarian, throughout c. Vaccinate 1 month before release Wound of unknown 1. Booster immediately* .. I. Euthanize, or Origin, suspected to 2. Close observation by 2. If owner unwilling: Be caused by scratch/ owner for 3 months a. notify local director Bite(e.g. cat abscesses) of health and animal control official b. Strict confinement for 6 months, with regular observation by a veterinarian, throughout c. Vaccinate I month before release 1. Always wear gloves when handeiing saliva, contaminated wounds, or fur 2. Always advise owner of rabies risk 3. Always record any potential rabies contact cases treated at your office, and track those who had contact with the animal 4. Veterinary boarding expenses are the owner's responsibility * If the most recent rabies vaccination was given within 1 month, it is not necessary to vaccinate Feeding Hills Animal Hospital 1194 Springfield Street Feeding Hills, MA 01030-2119 413-786-8828 <std-date> NOTICE OF POSSIBLE EXPOSURE TO RABIES AND ORDER Your pet mat have been exposed to rabies as a result of recent exposure to wildlife or a high-risk domestic animal. If your animal is unvaccinated,you are strongly urged to have it euthanized(unless animal was only exposed by proximity). If you do not,you are hereby ordered to: Recommend euthanasia Refused by owner Isolate your pet for 3 months,followed by 3 months of strict confinement,and vaccinate the animal 1 month prior to release. Strictly confine your pet for 6 months,and vaccinate the animal I month prior to release. Vaccinate your pet immediately and closely observe the animal for 6 month,revaccinate at 12 months. If your animal is currently vaccinated,you are hereby ordered to: Vaccinate your pet immediately followed by 3 months of strict confinement. Vaccinate your pet immediately and closely observe the animal for 3 months. You are to inform your veterinarian immediately of any unusual behavior or change in the health status of this animal. Name of Owner: <first-name><last-name> Telephone Number: <area> -<phone> Street Address: <address> City: <city> State: <st> Zip Code: <zip> Type of Animal:<species> Name of Animal:<animal> Sex: <sex> Breed: <breed> Color: <color> Age:<age> Date of last rabies vaccination(prior to exposure): Date of vaccination post exposure: Vaccination duration: I year 3 year unknown Date of order of quarantine: (Please attach order of quarantine) Name of Veterinarian: <serv-doctorname> Name of Animal Inspector: Signature of Animal Inspector: Date: See other sheet for explanation of Close Observation, Strict confinement, Isolation, and Quarantine. I hereby certify that I have read both documents and I agree to follow the provisions described in it. Signature of owner or other responsible person Refused to sign. Animal Inspector please initial of not signed. To Wn f Ag" aw.am 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413486-9927 MEMO TO: Building Inspector Safety Officer Fire Department Health Department Conservation Commission Engineering Department/DPW Board of Appeals School Committee Assessors FROM: Planning Board ,757 DATE: February 23, 2009 SUBJECT: Proposed Zoning Amendment- Animal Hospitals The Planning Board has been requested by the Town Council to make a recommendation on a proposed zoning amendment governing the issuance of Special Permits for Animal Hospitals. The Planning Board will be holding its public hearing on this proposal on Thursday, March 5, 2009. We would appreciate any comments you may have prior to this hearing. Sincerely, Travis Ward, Chairman AGAWAM PLANNING BOARD s Sandra A. Gentile OpNan Gaudetto Debra Sarnelli 684 Barry Street 29 Pomeroy Street 7 Beverly Lane Feeding Hills, MA 01030 Agawam, MA 01001 Agawam, MA 01001 David Veilleux Lou Clement Jane Thomas 72 Vasar Drive 55 Garden Street 44 Sheri Lane Feeding Hills, MA 01030 Feeding Hills, MA 01030 Agawam, MA 01001 Jeffrey Oakes Sharon Stratton Raymond Kinney 112 Glendale Road 282 Silver Street 227 South Street Agawam, MA 01001 Agawam, MA 01001 Agawam, MA 01001 Mariann Kinney Carol Swenor Andy Gentile 227 South Street 100 Pheasant Hill Drive 555 North West Street Agawam MA 01001 Feeding Hills MA 01030 Feeding Hills, MA 01030 Tammy Gentile Frank Gentile Cynthia Marshall 555 North West Street 684 Barry Street 41 Lealand Avenue Feeding Hills, MA 01030 Feeding Hills, MA 01030 Agawam, MA 01001 Richard Theroux 30 Ley Street Agawam, MA 01001 ! i LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday,March 5, 2009 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 Planning Board on a proposed zoning amendment to Section 180- 12 of the Agawam Zoning Ordinance regarding the issuance of Special Permits for Animal Hospitals. The proposed amendment reads as follows: "A special permit may be granted for an animal hospital, but only in Business A, Business B, Industrial A and Industrial B Districts and with the additional requirement that no animals shall be kept out of the building in cages, runs, kennels or yards. A special permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of AppeaIs." 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 ' Agawam Planning Board (Ad to be run 2/19/09 & 2/26/09) " cc: Planning Boards in: Westfield West Springfield Suffield Southwick Springfield Pioneer Valley Planning Commission Department of Housing& Community Development, Boston t� AG It :;: ATED '�` Town of Agawam Interoffice Memorandum To: Town Council CC: From: Richard M. Theroux, Town Clerk Date: 2/23/09 Subject: Petition for proposed zoning amendment I received this petition on Feb. 20, 2009. There are 16 certified signatures. FROM THE DESK OF... TOWN CLERK'S OFFICE TOWN OF AGAWAM 36 MAIN sT AGAWAM,MA 01001 Berk@agawam.ma,us 413-786-0400 X 215 Fax:413-786-9927 TOWN OF AGAWAM Fax 14137869927 Feb 20 2009 12:25pm P002J003 0 0 4 Z#riDw or VeT-,6'R1WAR y C'� - /,c fi--r DA In confomxamce with Mass. General Laws Chapter 40,A, Section,S,the following registered voters of the Town of Agawam submit the attached proposed zoning amendment: OF AU cam. ;r l mO, n n ^cj n rf. 4 V It, �aaA IT I elo Ct yU1 w►, TOWN OF AGAWN Fax 1613786992 Feb 20 2009 12:25pm P003/003 J TOR-09- AN ORDINANCE AMENDING SECTION 180-12 OF THE CORE OF THE TOWN OF AGAWAM GOVERNING THE ISSUANCE OF SPECIAL PERMITS FOR ANIMAL HOSPITALS WHEREAS, Section 180-12 of the Code of the Town of Agawam currently provides that; "A special permit may be granted for an animal hospital, but only in Business A and Business B Districts and with the additional requirements that animal hospitals shall be separate buildings in themselves and that no animals shall be kept out of the building in cages, runs, kennels or yards_ A special permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals." WHEREAS, Dave's Soda and Pet City is desirous of adding a veterinary clinic at its new store on Springfield Street in Agawam,- WHEREAS, it is in the best interests of the Town of Agawam to modify the existing town ordinance relative to animal hospitals to allow animal hospitals in business and industrial districts and to remove the requirement that animal hospitals be in separate buildings; and NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the following change be made to Chapter 180 of the Code of the Town of Agawarn: 1. 180-12 entitled "Special Permit for Animal Hospital" is hereb amended to read as follows: "A special permit may be granted for an animal hospital, but only in Business A, Business B, Industrial A and Industrial B. Districts and with the additional requirement that no animals shall be kept out of the building in cages, runs, kennels or yards. A special permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals." PER ORDER OF THE AGAWAM CITY COUNCIL Gina M. Letellier, President APPROVED AS TO FORM AND LEGALITY Christopher C. o nson, City Solicitor I ti cC Wd C Z 'aJJ 60 '1' 02/20/2009 15:36 14137892523 DAVES _ PAGE 01/03 - TOIN OF A(aOR Fax id4370 Fah 20 2009 12:25pm P0021o03 4-PDI'rI1DW 6F ve:-rFRIWAR �/Wl cfi-r y I v 's l l51Yr, R6"l a q,, mR In con omaucc with Mess. General Laws Cbspter 40A., Section 5,the following reostcxrd voters of the Town of Agawam submit the attached,proposed zoning amendment: �-- Ly ' Aws 7 g re 6a ,4 r C-4 ae o l J -VOL VM rot LAS S- Nor �-Lti �5` f- S fi-- �•�� a S 5 1(G�nd_fix- _ —� - 02/20/2009 15: 36 14137B9 523 RAVES PAGE 02/03 T011li OF FOOM Fax IA1370610 Feb 20 2009 12:25pm P003/003 TOR-0B- AN ORDINANCE AMENDING SECTION 180-12 OF THE CODE OF THE TOWN OF AGAWAM GOVERNING THE ISSUANCE OF SPECIAL PF.RMITS FOR ANIMAL HDSPITALs WHEREAS, Section 180-12 of the Code of the Town of Agawam currently provides that: 'A special permit may be granted for an animal hospital, but only in Business A and Business B Districts and with the additional requirements that animal hospitals shall be separate buildings in themselves and that no animals shall be kept out of the building in cages, runs, kennels or yards. A special permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals_" WHEREAS, Dave's Soda and Pet City is desirous of adding a Veterinary clinic at its now store on Springfield Street in Agawam;. WHEREAS, it is in the best interests of the Town of Agawam to modify the existing town ordinance relative to animal hospitals to allow animal hospitals in business and 'industrial districts and to remove the requirement that animal hospitals be in separate buildings; and NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the following change be made to Chapter 180 of the Code of the Town of.Agewsm: 'I. 180-12 entitled "Special•Permit for Animail Hospital" is hereh amended to read as follows: "A special permit may be granted for an animal hospital, but only in Business A, Business 8, Industrial A and Industrial B Districts end with the additional riequirement that no animals shall be kept out of the building in cages, runs, kennels or yards. A special permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals." PER ORDER OF THE AGAWAM CiTY COUNCIL Gina M. Letellier, President APPROVED AS TO FORM AND LEGALITY Christoph r C. o nson, City Solicitor_ 02/20/2009 15:36 141378#3 DAVES PAGE 03/03 TOWN OF AGRAM Fax 10378890 Feb 20 2009 12,25pm P0031003 TOR-09� AN ORDINANCE AMENDING SECTION 180-17 OF THE CODE OF THE TOWN OF AGAWAM GOVERNING THE ISSUANCE OF SPECIAL PERMITS FOR ANIMAL HOSPITALS WHEREAS, Section 180-12 of the Code of the Town of Agawam currently provides that; 'A special permit may be granted for an animal hospital, but only in Business A and Business B Districts and with the additional requirements that animal hospitals shall be separate buildings in themselves and that no animals shall be kept out of the building in cages, runs, kennels or yards. A special purr»✓# may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals." WHEREAS. Dave's Soda and Pet City is desirous of adding a veterinary clinic at its new store on Springfield Street in Agawam; WHEREAS, it is sn the best interests of the Town of Agawam to modify the existing town ordinance relative to animal hospitals to allow animal hospitals in business and industrial districts and to remove the requirement that animal hospitals be in separate buildings, and NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the following change be made to Chapter 180 of the Code of the Town of Agawam. 1. §180-12 entitled "Special Parmit for Animal Hospital" is he_rebl amended to read as follows: "A special permit may be granted for an animal hospital, but only in, Business A, Business B, Industrial A and Industrial B Districts and with the additional requirement that no animals shall be kept out of the building in cages, runs, kennels or yards. A special permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals." PER ORDER OF THE AGAWAM CITY COUNCIL Gina M. Letellier, President APPROVED AS TO FORM AND LEGALITY Christopher C. o nson, City Solicitor