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8453_ZONING AMENDMENT FARM WORKER HOUSING TOWN COUNCIL Fa l�Y1`1 �joV � -�tSuSl h� T(�.,h Cc)unc� f� 31 MEMO To: Planning Board From: Sgt. Richard NILES, Safety Officer Subject: Proposed Zoning Amendment - Historic Structures and Historic Places Date: 05/19/2006 How would this proposed zoning amendment effect pedestrian,bicycle, and or motor vehicle traffic safety? Respectfully Submitted Sgt. "chan!ES Safety Officer, Agawam Police Department TM U� ,#aH. M l) � .r:- �y � Q 1 U t - -P 14 - A_, TOR-2001 -10 r A-C1 A ORDINANCENO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING ORDINANCES BY ADDING A NEW ARTICLE I, SECTION 180-8 SUBSECTION L, ENTITLED FARMWORKER HOUSING Whereas, an amendment to the Code of the Town of Agawam Zoning Ordinances is necessary in order for the Town to comply with the Settlement Agreement and Consent Order in the case United States v. City of Agawam, C.A. No. 02-30149 MAP; and Whereas, the proposed amendment will allow the development of farmworker housing in the City of Agawam; and Whereas,the proposed amendment to the zoning ordinances are in the best interests of the City of Agawam, the public and the general welfare of the community; and Whereas, the United States Justice Department has approved the language of the proposed amendment; NOW THEREFORE, the Agawam City Council hereby resolves, ordains, amends and enacts amendments to the Code of the Town of Agawam as follows: Amend Section 180-8 of Chapter 180 entitled "ZONING"by adding Subsection L as follows: §180-8. Supplementary regulations. L. Farmworker Housing Housing for farm workers located on land used for farming or agricultural purposes shall constitute an accessory use to farming in accordance with the Agawam Zoning Code Section 180-37, and such housing is a permitted use as of right in an Agricultural District Zone and/or on parcels of land not in an agricultural zone exceeding five (5) acres which are used for agricultural purposes. This regulation shall be applicable to all requests for site plan, building permit and all other approvals relating to farm worker housing, whether the request(s) involve the use, expansion, reconstruction of existing structures, and/or new construction of buildings or structures. PER O ER OF THE AGAWAM CITY COUNCIL JAJ "d . 4". I�K l a-/ 1 Do . Rheault, President Date'^ W AS TO FORM AND LEGALITY fd --3 -©6 Vincen F. Gioscia,Acting City Solicitor Date s � MAYORAL ACTION Received this day of F� C�yA I-Y-�- , 2006 from Town Council Clerk. Signed by Council President this_ day of '� , 2006. APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as ame ded, I hereby approve the passage of the above legislation on this day of Q �rZGJ� 2006. 71Z Richard A. Cohen, 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 2006 for the following reason(s): Richard A. Cohen, Mayor RETURN OF-LEEGISLATION TO COUNCIL CLERK Returned to Council Clerk this I`'t day of , 2006. Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 November 20, 2006 Agawam Town Council Donald M. Rheault, President c7 Robert A. Magovern, Vice President x_ George Bitzas, Councilor Cecilia Calabrese, Councilor Ruth Carr Bitzas, Councilor 3�� Gina Letellier, Councilor `Y e: Joseph Mineo, Councilor fl Dennis Perry, Councilor to - Robert E. Rossi, Councilor Jill P. Simpson, Councilor Robert M. Young, Councilor Dear Councilors: At its duly called meeting held on November 16, 2006, the Agawam Planning Board voted unanimously to send a positive recommendation to the Town Council in support of TOR-2006-10, an amendment to Chapter 180-8 Subsection L of the Zoning Ordinance relating to Farmworker Housing. If you have any questions, please do not hesitate to- contact the Planning Office at 786-0400, extension 283. incerely, �• Dennis B. Hopkins, Chairman �s Agawam Planning Board cc: Clerk, Mayor, Solicitor, Building, File Memo To : Planning Board From : Sgt. Richard Niles Subject : Proposed Zoning Amendment - Farmworker Housing - Town Council Date : 10/30/2006 At this time, I have no comments. Respectfully Submitted ` A"- Ake Niles MEMORANDUM To: Agawam Planning Board From: Deborah Dachos, Director of Planning and Community Development Subject: Farmworker Housing/Zoning Amendment Date: November 14, 200b The proposed zoning amendment has been drafted in cooperation with the U.S. Department of Justice as a result of a earlier lawsuit. It appears to be consistent with Massachusetts General Laws. Town of Agawam .j 36 Main Street Agawam, Massachusetts 01001-1837 ATEfl M�' Tel. 413-786-0400 Fax 413-786-9927 October 17, 2006 Agawam Planning Board 36 Main Street Agawam, MA 01001 RE: TOR-2006-10 and TOR-2006-11 Gentlemen, At a meeting of the Agawam City Council held on October 16, 2006, the City Council voted to be Petitioner for the attached ordinances and same are being forwarded to you forthwith. Very truly yours, Ursula Retzler - Town Council Clerk Atta. a/s Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Mp ` Tel. 413-786-0400 Fax 413-786-9927 D 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 Amendment - Farmworker Housing-Town Council DAZE: October 20, 2006 The Planning Board has received the attached zoning amendment regarding Farmworker Housing from the Agawam Town Council which was petitioned by the Agawam Town Council. A public hearing has been scheduled by the Planning Board for November 16, 2006. Please submit any comments you may have prior to that date. Sincerely, Denru�'s kins, Chairman IP,efc AGAWAM PLANNING BOARD DBH:prk TOR-200*-10 AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING ORDINANCES BY ADDING A NEW ARTICLE I, SECTION 180-8 SUBSECTION L, ENTITLED FARMWORKER HOUSING Whereas, an amendment to the Code of the Town of Agawam Zoning Ordinances is necessary in order for the Town to comply with the Settlement Agreement and Consent Order in the case United States v. City of Agawam, C.A. No. 02-30149 MAP; and Whereas, the proposed amendment will allow the development of farmworker housing in the City of Agawam; and Whereas, the proposed amendment to the zoning ordinances are in the best interests of the City of Agawam, the public and the general welfare of the community; and Whereas, the United States Justice Department has approved the language of the proposed amendment; NOW THEREFORE, the Agawam City Council hereby resolves, ordains, amends and enacts amendments to the Code of the Town of Agawam as follows: Amend Section 180-8 of Chapter 180 entitled "ZONING" by adding Subsection L as follows: §180-8. Supplementary regulations. L. Farmworker Housing Housing for farm workers located on land used for farming or agricultural purposes shall constitute an accessory use to farming in accordance with the Agawam Zoning Code Section 180-37, and such housing is a permitted use as of right in an Agricultural District Zone and/or on parcels of land not in an agricultural zone exceeding five (5) acres which are used for agricultural purposes. This regulation shall be applicable to all requests for site plan, building permit and all other approvals relating to farm worker housing, whether the request(s) involve the use, expansion, reconstruction of existing structures, and/or new construction of buildings or structures. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. Rheault, President Date al AS TO FORM AND LEGALITY `d —3 —06 Vincen F. Gioscia, Acting City Solicitor Date