8607_ZONING AMENDMENT TOWN COUNCIL FENCE HEIGHTS z
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TOR-08- 06
AN ORDINANCE AMENDING SECTION 180-8 B
OF THE CODE OF THE TOWN OF AGAWAM
GOVERNING THE HEIGHT OF FENCES WITHIN THE
SETBACK AREA OF CORNER LOTS
(Sponsored by Councilor Jill Simpson)
WHEREAS, Section 180-8 B of the Code of the Town of Agawam
currently provides that: "Fence heights shall not exceed four feet on the setback
portion of any lot perimeter and shall not exceed 6 1f2 feet in height on the
remainder of the lot perimeter. On a lot which is adjacent to a higher zone
classification, the fence heights shall conform to the higher classification."
WHEREAS, there have been numerous instances in the Town of Agawam
where owners of corner lots have requested fence heights in excess of four feet
in the setback portion of their lot perimeter for privacy and public safety reasons;
WHEREAS, it is in the best interests of the Town of Agawam to modify the
existing town ordinance relative to allowed height of fences in the setback portion
of the lot perimeter on corner lots to allow fences to exceed four feet in height by
special permit only; 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. 4180-8 B entitled "Supplementary regulations" is hereby
amended by adding the following to the end.of that section: T
"Notwithstanding the foregoing, fences may be erected by special permit to a-
height in excess of four feet, but not to exceed six and one-half feet, on the
setback portion of any corner lot perimeter only."
PER ORDER OF THE AGAWAM CITY COUNCIL
a . Letellier, Pre dent
APPROVED AS TO FORM AND LEGAI..ITY .
Christopher C. J son, City Solicitor
MAYORAL ACTION
Received this day of , 2009 from Town Council Clerk.
Signed by Council President this day of " 2009.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
ended, I hereby approve the passage of the above legislation on this day of
KA ' 2009.
Susan R. Dawson, Mayor
DISAPPROVAL OF LEGISLATION
SLATION
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
2009 for the following reason(s):
Susan R. Dawson, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this Cl day of 92009.
T.own f Agawam
36 Main Street Agawam,Massachusetts 01-001-1837
Tel. 413-786-0400 Fax 413-786-9927
May 22,2009
Gina Letellier, President _
Cecilia Calabrese; Vice President = _.
George'Bitzas, Councilor
Paul C. Cavallo, Councilor
Jill Messick, Councilor
Joseph Mineo, Councilor
Dennis J. Perry, Councilor
Donald M. Rheault, Councilor
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 May 21, 2009,the Agawam Planning Board voted 5-0 to send
a positive recommendation to the Town Council with regard to the Zoning Amendment
governing.the height of fences within the setback area of corner lots.
If you have any questions, please contact this office at 786-0400, extension 283.
Sincerely,
Travis Ward, Chairman
AGAWAM PLANNING BOARD
cc: Town Clerk, Town Solicitor, File
0
INTEROFFICE MEMORANDUM
TO: PLANNING DEPARTMENT
FROM: BARBARA BARD, COUNCIL ADMINISTRATIVE ASST.
SUBJECT: TR-2008-6 (FENCE HEIGHTS ON CORNER LOT SETBACKS)
DATE: 5/19/2009
During their Monday, May 18, 2009 Regular Council meeting, the City
Council voted to be the Petitioner regarding the above-mentioned
Resolution.
If you have any questions, please feel free to contact this office.
4k
f Agawam
Town o
'1 36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413.-786-9927
MEMO
TO: Building Inspector
Town Solicitor
Engineering/DPW
Safety Officer
Fire Department
Health Department
Conservation Commission
Board of Appeals
School Committee
Assessors
FROM: Planning Board
SUBJECT: Proposed Zoning Amendments -Fence Heights - Town Council
DATE: September 3,2008
The Town Council has submitted to the Planning Board the attached zoning amendment
regarding fence heights. The Board will be Bolding a public hearing on Thursday, May 21,
2009. Please submit any comments you may have prior to that date..
Sincerely,
Travis Ward, Chairman
AGAWAM PLANNING BOARD
TW:prk
0
TOR-08-
AN ORDINANCE AMENDING SECTION 180-8 B
OF THE CODE OF THE TOWN OF AGAWAM
GOVERNING THE HEIGHT OF FENCES WITHIN THE
SETBACK AREA OF CORNER LOTS
(Sponsored by Councilor Jill Simpson)
WHEREAS, Section 180-8 B of the Code of the Town of Agawam
currently provides that: "Fence heights shall not exceed four feet on the setback
portion of any lot perimeter and shall not exceed 6 1/2 feet in height on the
remainder of the lot perimeter. On a lot which is adjacent to a higher zone
classification, the fence heights shall conform to the higher classification."
WHEREAS, there have been numerous instances in the Town of Agawam
where owners of corner lots have requested fence heights in excess of four feet
in the setback portion of their lot perimeter for privacy and public safety reasons;
WHEREAS, it is in the best interests of the Town of Agawam to modify the
existing town ordinance relative to allowed height of fences in the setback portion
of the lot perimeter on corner lots to allow fences to exceed four feet in height by
special permit only; 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. §180-8 B entitled "Supplementary regulations" is here
amended by adding the following to the end of that section:
"Notwithstanding the foregoing, fences may be erected by special permit to a
height in excess of four feet, but not to exceed six and one-half feet, on the
setback portion of any comer lot perimeter only."
PER ORDER OF THE AGAWAM CITY COUNCIL
Gina M. Letellier, President
APPROVED AS TO FORM AND LEGALITY
C,
Christopher C. J I
son, City Solicitor
INTEROFFICE MEMORANDUM
TO: PLANNING DEPARTMENT
FROM: GINA M. LETELLIER, COUNCIL PRESIDENT
SUBJECT: TOR-2008-6 (ORDINANCE ON FENCE SETBACKS ON
CORNER LOTS)
DATE: 5/6/2009
Please be advised that the Agawam City Council will be voting to be
the petitioner in the above-referenced Agenda item during their May
18, 2009 Council meeting. It is understood that the Planning Board
will hold its public hearing on May 21, 2009 and the public hearing
with the City Council will be on Monday,June 15t
If you have any questions, please contact this office. Thank you.
Cc: Council
Mayor
LEGAL NOTICE
TOWN OF AGAWAM
PLANNING BOARD
The Agawam Planning Board will hold a public hearing on Thursday, May 21, 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 Town Council on a proposed zoning amendment to
Section 180-8B of the Agawam Zoning Ordinance regarding fence heights. 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
0
(Ad to be run 5/7/09& 5/14/09) Ln
f �C ;
cc: Planning Boards in:
Westfield
West Springfield ^.
cn
Suffield C'
Southwick
Springfield
Pioneer Valley Planning Commission
Department of Housing& Community Development, Boston
DEPARTMENT
MEMORANDUM
To: Agawam City Council
From: Christopher C. Johnson, Solicitor
CC: Mayor; Planning
Date: April 6, 2009
Re: TOR-08-6 (Zoning Amendment - Fence Heights)
It has come to my attention that the above referenced amendment to the
town's zoning ordinances was not referred to the Planning Board prior to its
adoption by the Council. Massachusetts General Laws Chapter 40A, § 5 requires
the planning board to hold a public hearing on any proposed zoning amendment
prior to its adoption by the Council. As such, I would recommend that TOR-08-6
be placed back on your agenda and be referred to the Planning Board for a
public hearing. I would also suggest that after receipt of the Planning Board
recommendation, the Council conduct another public hearing and vote on the
item again.
Please call with any questions.
6Veryruly y urs
Christophe . Johnson
OLAr Yto_s
: . , _/a9
T 8
� �8WDINANCE AMENDING SECTION 180-8 B
OF THE CODE OF THE TOWN OF AGAWAM /
GOVERNING THE HEIGHT OF FENCES WITHIN THE
SETBACK AREA OF CORNER LOTS
(Sponsored by Councilor Jill Simpson)
WHEREAS, Section 180-8 B of the Code - of the Town of Agawam
currently provides that: "Fence heights.shall not exceed four feet on the setback
portion of any lot perimeter and shall not exceed 6 1/2 feet in height on the
remainder of the lot perimeter. On a lot which is adjacent to a higher zone
classification, the fence heights shall conform to the higher classification."
WHEREAS, there have been numerous instances in the Town of Agawam
where owners of corner lots have requested fence heights in excess of four feet
in the setback portion of their lot perimeter for privacy and public safety reasons;
WHEREAS, it is in the best interests of the Town of Agawam to modify the
existing town ordinance relative to allowed height of fences in the setback portion
of the lot perimeter on comer lots to allow fences to exceed four feet in height by
special permit only; 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. §180-8 B entitled "Supplementary regulations_" is hereby
amended by adding the following to the end of that section: c
"Notwithstanding the foregoing, fences may be erected .by special permit t6 a`
height in excess of four feet, but not to exceed six and one-half feet, or>he
setback portion of any corner lot perimeter only." cD
= ,
PER ORDER OF THE AGAWAM CITY COUNCIL :& 1
�1DL/dy-4:6L-r`6), 011/C?
C c - Z
4L4
LetelfieVreysident
APPROVED AS TO FORM AND LEGALITY �`"
N
Christopher C. oh son, City Solicitor
o � ,
r�
��'l0 6�( l5�
�h
MAYORAL ACTION
Received this _ day ot--
2009 from Town Council Clerk.
Signed by Council President this day of A., I J 4 2009.
AEMYAL OF LEGISLAnON
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawamharter, as
ended,I hereby approve the passage of the above legislation on this f-day of
2009.
Susan R. Dawson, Mayor
DISAEPROYALA)ELEGISLATIO
By the powers vested ixl 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
2009 for the following reason(s):
Susan R. Dawson,Mayor
RED' TAN OF LEGISLATION,TO COUNCIL CLERK
Returned to Council Clerk this day o , 2009.