8454_ZONING AMENDMENT TEMP SIGNS TOWN COUNCIL �`� SL�
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LAW DEPARTMENT MEMORANDUM
TO: MAYOR COI IEN
FROM: KIM STEVENS
SUBJECT: SIGN ORDINANCE
o, '
DATE: 9 27 2006 �
CC: Y-
Issue: May the Town of Agawam regulate signs and their removal, through its zoning
ordinances?
Discussion: Outdoor advertising is regulated on a state level through the Massachusetts
Department of Highways. This department has an Outdoor Advertising Board, which has the
authority to make "rules and regulations for the proper control and restriction of billboards, signs
and other advertising devices . . . on public ways or on private property". Massachusetts General
Laws c. 93, §29. The statute also grants to cities and towns the authority to "further regulate and
restrict said billboards, signs or other devices within their respective limits by ordinance or by-law"so
long as it is consistent with state laws and regulations. Id
While the Department of Highways enforces on a state-wide level,if this law is to be adequately
enforced locally,it is essential to have a designated official with this authority. "The Legislature,
however,apparently recognized that the nature of the subject matter was such that it might not be
adequately and appropriately controlled and supervised by general rules of State wide application,and
that the physical characteristics of various cities and towns differ within such wide limits that it was
deemed expedient to permit them to establish and enforce local regulations." Milton v. Donnelly,306
Mass. 451,455 (1940),
Cities and towns may regulate "by including an apt provision in a zoning by-law as well as by a
wholly separate by-law". Board of Selectmen of Truro v. OutdoorAduertarin,g Board, 346 Mass. 754(1964).
Agawam has chosen to regulate through the use of zoning ordinances, Chapter 180,Article XIII.
The proposed amendment to Chapter 190, § 180-85 provides for enforcement by the Zoning
Enforcement Officer. This amendment complies with the intent of MGL c. 93, §29 and the Rules
and Regulations of the Outdoor Advertising Board,711 CMR 3.00,et seq.
Conclusion: In addition to MGL c. 93, §29, the Town may further regulate signs and their
removal. In order to have adequate local enforcement of c. 93 and Agawam Code Chapter 180, the
proposed amendment to §180-85 is necessary inasmuch as it provides the Zoning Enforcement
Officer with the specific authority to cite the property owner and/or remove signs that are in
violation of the Town Code.
Finally, since the proposed amendment is part of Agawam's zoning ordinances, then the Town
must comply with MGL c. 40A, §5 and hold a public hearing before the city council can vote to
amend the ordinance.
Memo
To ..,P19ming Board
From : Sgt. Richard Niles
Subject : Proposed Zoning Amendment- Temporary Signs -Town Council
Date : 10/30/2006
Before I can offer commentstrecommendations on this project,I would need additional
information:
1) Does this effect other types of temporary signs (not political in nature)ie.:
a) parking
b) sales
2)Is there a distance requirment, ie.: distance from sign to roadway surface?
Respectfully SubmittedSgt. . Niles
CAL cc _ .
C._ tL o k. NkTOR-2006- I
ORDINANCE AMENDING THE CODE OF THE TOWN OF AGAWAM,CHAPTER
0.0 - (tom 180, SECTION 85
Whereas, Chapter 180, Section 85(A) currently reads:
A. Temporary signs which do not comply with this
Article shall be permitted. Before a temporary sign
(other than a temporary sign defined as a window sign
or political sign) shall be erected, there shall be
deposited with the Sign Officer the sum of
twenty-five dollars ($25.) in cash for each sign. The
deposit shall be refunded only upon the removal of
the sign within the time specified in the permit.
Temporary signs which do not comply with this
Article may be authorized by the Sign Officer for
public or nonprofit purposes without deposit. These
signs shall not exceed thirty-two (32) square feet in
area.
Whereas,.There are numerous signs of every nature located upon municipal land- and
Whereas, said signs may obstruct views at intersection and cause conditions
detrimental to the public safety; and
Whereas, the appearance of the City of Agawam is detrimentally affected by said signs.
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that
the current Chapter 180, SECTION 85(A) be deleted from Agawam Cod_ e and that Chapter.180,
SECTION 85 now read as follows:
A. Political signs may be erected only on private property and with the
landowner's permission. Political signs shall not exceed six (6)
square feet in area, may be erected fifteen (I5) days prior to a
primary election and maintained, in good condition, continuously
until forty-eight (48) 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 (48) 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. A fine not-to exceed fifty dollars ($50.) may be levied on
the property owner for failure to comply with this section.
B. The Zoning Enforcement Office and/or his designee shall be
responsible for the enforcement of Chapter 180, Section 85(A) &
(B). The Zoning enforcement Officer shall have the authority to
order the Owner or Poster of a sign to remove any non Municipal,
County or State sign from Municipal property within 24 hours. If the
Owner or Poster of a sign fails to comply or whose identity cannot be
determined then the sign shall be considered abandoned and
removed and disposed of by the Town. Verbal notification shall be
sufficient to comply with this provision.
C. Sign shall mean any non Municipal, County or State identification,
description, display, illustration, or device which is affixed to or
represented directly or indirectly upon a building, structure, structure
or land in view of the general public, and which directs attention to a
product, place, activity, person, institution or business.
PER ORDER OF THE AGAWAM CITY COUNCIL
ald M. Rheault, President Date
A XEAS TO FORM AND LEGALITY
incent Gioscia, Acting City Solicitor Date
MAYORAL ACTION
Received this- � - day of [,CO YL-Ef1-�J , 2006 from Town Council Clerk.
Signed by Council President this-_ day ofC� � h-- , 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
-a.rn_Gh . ,2006.
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 �` � day of , 2006.
. C
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
y
Tel. 413-786-0400 Fax 413-786-9927
November 24,2006
0
Agawam Town Council o
Donald M. Rheault, President
Robert A. Magovern,Vice President a, -
George Bitzas, Councilor A
Cecilia Calabrese, Councilor
Ruth Carr Bitzas, Councilor IWn r r
�-
Gina Letellier, Councilor
Joseph Mineo, Councilor
Dennis Perry, Councilor
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 to send
a positive recommendation to the Town Council in support of TOR-2006-11, an amendment to.
Chapter 180, Section 85 of the Zoning Ordinance relating to temporary signs. This amendment is
the vehicle by which illegal and dangerously placed signs can be removed and those responsible for
their illegal installation appropriately fined.
These signs are not only unsightly but in many cases have been hazardously affixed to telephone
poles and street signs. They are also often placed on the treebelt blocking the line of vision for
drivers and pedestrians. In addition, the removal of temporary signs will improve the overall
appearance of our community.
Sincerely, �Q
Dennis B. Hopkins, Chairman
Agawam Planning Board
cc: Clerk,Mayor, Solicitor, Building, File
0 0
MEMORANDUM
To: Agawam Planning Board
From: Deborah Dachos, Director of Planning and Community Development
Subject: Temporary Sign Ordinance
Date: . November 13,2006
The Planning Board will be holding a public hearing on an amendment to the Zoning
Ordinance concerning temporary signs. The present procedure is for an applicant to
obtain a permit to install a temporary sign after posting a$25 fee with the Sign Officer
(Inspector of Buildings). Political signs are exempt.
The amendment would outlaw temporary signs, except political signs.
It has long been the position of this Department that temporary signs are an eyesore.
They are placed throughout town illegally without the filing of the necessary paper work
or fee. There are often so many signs that they present a traffic and safety hazard when
individuals are distracted by trying to read them.
I believe this a good first step in the direction of modernizing Agawam's approach to
signage.
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
ATEDp�f`^ 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,
tA '
Ursula Retzler
Town Council Clerk
Atta. als
Town of
Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Py 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 Amendment- Temporary Signs -Town Council
DATE: October 20, 2006
The Planning Board has received the attached zoning amendment regarding Temporary Signs
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,
Dennis B. Hopkins, Chairman
AGAWAM PLANNING BOARD
DBH:prk
ppppr- 0
TOR-2006- 1 i
AN ORDINANCE AMENDING THE CODE OF THE TOWN OF AGAWAM, CHAPTER
180, SECTION 85
Whereas, Chapter 180, Section 85(A) currently reads:
A. Temporary signs which do not comply with this
Article shall be permitted. Before a temporary sign
(other than a temporary sign defined as a window sign
or political sign) shall be erected, there shall be
deposited with the Sign Officer the sum of
twenty-five dollars ($25.) in cash for each sign. The
deposit shall be refunded only upon the removal of
the sign within the time specified in the permit.
Temporary signs which do not comply with this
Article may be authorized by the Sign Officer for
public or nonprofit purposes without deposit. These
signs shall not exceed thirty-two (32) square feet in
area.
Whereas, There are numerous signs of every nature located upon municipal land; and
Whereas, said signs may obstruct views at intersection and cause conditions
detrimental to the public safety; and
Whereas, the appearance of the City of Agawam is detrimentally affected by said signs.
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that
the current Chapter 180, SECTION 85(A) be deleted from Agawam Code and that Chapter- 180,
SECTION 85 now read as follows:
A. Political signs may be erected only on private property and with the
landowner's permission. Political signs shall not exceed six (6)
square feet in area, may be erected fifteen (15) days prior- to a
primary election and maintained, in good condition, continuously
until forty-eight (48) 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 (48) 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, A fine not to exceed fifty dollars ($50.) may be levied on
the property owner for failure to comply with this section.
B. The Zoning Enforcement Office and/or his designee shall be
responsible for the enforcement of Chapter 180, Section 85(A) &
(B), The Zoning enforcement Officer shall have the authority to
order the Owner or Poster of a sign to remove any non Municipal,
County or State sign from Municipal property within 24 hours. If the
Owner or Poster of a sign fails to comply or whose identity cannot be
determined then the sign shall be considered abandoned and
removed and disposed of by the Town. Verbal notification shall be
sufficient to comply with this provision.
C. Sign shall mean any non Municipal, County or State identification,
description, display, illustration, or device which is affixed to or
represented directly or indirectly upon a building, structure, structure
or land in view of the general public, and which directs attention to a
product, place, activity, person, institution or business.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President Date
WAVE S TO FORM AND LEGALITY
a, Acting City Solicitor Date