8353_ZONING AMENDMENT - BUS. B - STRUCTURES OVER 45 FT 553
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CC d WAN ORDiNA �[EhIDIiVG ARTICLE IX BUSINESS B DISTRICTS OF THE
ZONTNG CODE OF THE TOWN OF AGAW.kN4 BY RESTATING IN ITS ENTacTY
SECTION 180-49 HEIGHT REGULATIONS TO PERMIT STRUCTURES TO
EXCEED 45 FEET IN HEIGHT BY SPECIAL PERMIT
WHEREAS, the Town of Agawam Zoning Code ARTICLE IX Business B
Distracts, Section.180-49, entitled Height Regulations, prohibits the erection or alteration
of buildings to a height in excess of three (3) stories or more than forty(45) feet; and
WHEREAS, Six Flags New England, a modem Amusement Paris, is located in a
Business B District under the Town of Agawam Zoning Code;
WHEREAS, -the operarion of a modern Amusement Park requires the
constniction and installation of business buildings that exceed three(3) stories or more
than forty five(45) feet; and �?
WHEREAS, the regulation of the height of business buildings that constitute pal: _
of an Amusement Park through the issuance of special permits is in the best interests oP
the Town of Agawam.
NOW THEREFORE, BE IT ORDAINED BY THE AGAWAM CITY COU c mL n
AS FOLLOWS:
That the Zoning Code of the Town of Agawam be amended by restating Section
180-49 in its entirety to read as follows:
Section 180-49, Height Regulations.
A business building shall not be erected or altered to a height in excess of three
(3) stories or more than forty five (45) feet except as expressly provided herein.
These provisions shall not apply to chimneys, flag or radio poles, water tanks,
hose towers or required bulkheads or elevator penthouses. A residence building
shall comply with the height provisions for Residence B Districts. Heights of
other buildings or structures permitted in Section 180-48A shall not exceed the
heights permitted in Residence B Districts. Notwithstanding the foregoing,
business structures may be erected or altered by special permit to a height in
excess of three (3) stories or more than forty five (45) feet when the business
structure constitutes part of an Amusement Park.
2s9772-1
Dated this of 2005.
PER ORDER.OF THE AGAWAM CITY COUNCIL APPROVED AS TO FORM
City Council President 40M . Locke,City Solicitor
Mo.-No.1cR T4-
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Z59772-1
4
MAYORAL ACTION
Received this N/A day of , 2005 from Town Council Clerk. .
Signed by Council President this 6 t h day o f June. , 2005.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby approve the passage of the above legislation on this 7 t h day of ,
.lone , 2005. „
-
Richard A. Cohen, Mayor
o r-
DISAPPPROVAL.OF LE!QISLATI,.QN
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
2005 for the following reason(s):
Richard A. Cohen,Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this 7 th day of June , 2005.
Town of 't-gawam
36 Main Street Agawam, Massachusetts 01001-1837.
�9a RTE4 MP`1 Tel. 413-786-0400 Fax 413-786-9927
April 25, 2005
Agawam Town Council - -
lV y
Cil -
Donald M. Rheault, President
Robert M. Young, Vice President
George Bitzas, Councilor
Cecilia Calabrese, Councilor )
Ruth Carr Bitzas, Councilor
Gina Letellier, Councilor
Robert A. Magovern, Councilor,
Joseph Mineo, Councilor
Dennis Perry, Councilor
Robert E. Rossi, Councilor
Jill P. Simpson, Councilor
Dear Councilors:
At its duly called meeting held on April 21, 2005, the Agawam Planning Board voted to send a
positive recommendation to the Agawam Town.Council to support the amendment to Article IX
Business B District to require the issuance of a Special Permit for structures in excess of three (3)
stories or more than forty-five feet when the business structure constitutes part of an Amusement
Park. The purpose of the amendment is to clarify the procedure for dealing with amusement rides
and other structures in an amusement park.
If you have any questions, please contact the Planning Office at 786-0400, extension 283.
Sincerely,
Dennis B. Hopkins, Chairman
Agawam Planning Board
cc: Clerk
Building
Board of Appeals
Six Flags
MEMO
To: Planning Board
From: Sgt. R. NILES, Safety Officer
Subject: Proposed Zoning Amendment - Article IX Business B District 180-49
Date: 04/15/2005
Based upon the information provided, there would be minimal impact on pedestrian, bicycle,
and or motor vehicle safety.
If the reason for this proposed amendment is for the erection of an amusement ride,any threat
to pedestrian, bicycle, and or motor vehicle safety may be caused for operator distraction.
Respectfully Submitted
�.
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Sgt. ichard NILES
Safety Officer, Agawam Police Department
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Jill=. IhAM
To: Planning Board
From: Orsula Retzler, Council Clerk
Subject:
2005-4 - Zone Change
Date: April 11, 2005
ZONE CHANGE - Amending Art. IX Business B District of
thE: Zoning Code Districts Section 180-49. *
Rece:iveu from Planning Board on April 11, 2005 by Council
Clerk.
Submitted to Planning Board on march 2.9, 2005. Planning
Board to hold their public hE!aring on April 21, 2005.
City Council prcpos.ed to hole their public hearing on
1 2005 after appearing on thE: agenda on 4/19/05.
Planning Board Signature
H-12o9
Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837
z
MPy`� Tel. 413-786-0400 Fax 413-786-9927
ATE
MEMO
TO: Safety Officer
Fire Department
Health Department
Conservation Commission
Engineering Department/DPW
Board of Appeals
School Committee
FROM: Planning Board
DATE: April 11, 2005
SUBJECT: Proposed Zoning Amendment- Article IX Business B District Section 180-49
The Planning Board is acting as the petitioner for a proposed zoning amendment to Article IX
Business B District which would permit structures to exceed 45 feet in height by Special Permit.
The Planning Board will be holding its public hearing on this proposal on Thursday, April 21,
2005. We would appreciate any comments you may have prior to this hearing.
Sincerely,
Dennis B. Hopkins, Chairman
AGAWAM PLANNING BOARD
DBHIDSD:pre
LEGAL NOTICE
TOWN OF AGAWAM
PLANNING BOARD
The Agawam Planning Board will hold a public hearing on Thursday, April 21, 2005 at 7:30 PM
at 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 for a proposed zoning amendment to
Article IX Business B Districts Section 180-49. A copy of the proposal can be obtained from
the Agawam Planning Office or the Agawam Town Clerk's 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:
Dennis B. Hopkins, Chairman
Agawam Planning Board
(Ad to be run 4/7/05 & 4/14/05)
Town of'A aw
o g .
am
' 36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
cri
April 1, 2005
�f T
Donald M. Rheault, President
Robert M. Young, Vice President
George Bitzas, Councilor
Cecilia Calabrese, Councilor
Ruth Carr-Bitzas, Councilor
Gina M. Letellier
Robert A. Magovern, Councilor
Joseph Mineo, Councilor
Dennis Perry, Councilor
Robert Rossi, Councilor
Jill Simpson, Councilor
Agawam Town Council
36 Main Street
Agawam, MA 01001
Dear Councilors:
At its duly called meeting held on March 31, 2005, the Agawam Planning Board voted to act as
the petitioner for the attached proposed Zoning Amendment to Business B districts which would
permit structures to exceed 45 feet in height by Special Permit
Sincerely,
7: a �•
S�
Dennis B. Hopkins, Chairman
AGAWAM PLANNING BOARD
cc: Clerk
Solicitor
Board of Appeals
File
TOR-2005-
AN ORDINANCE AMENDING ARTICLE IX BUSINESS B DISTRICTS OF THE
ZONING CODE OF"fHE TOWN OF AGAWAM BY RESTATING IN ITS ENTIRETY
SECTION 180-49 HEIGHT REGULATIONS TO PERMIT STRUCTURES TO
EXCEED 45 FEET IN HEIGHT BY SPECIAL PERMIT
WHEREAS, the Town of Agawam Zoning Code ARTICLE IX Business B
Districts, Section 180-49, entitled Height Regulations,prohibits the erection or alteration
of buildings to a height in excess of three (3) stories or more than forty(45) feet; and
WHEREAS, Six Flags New England, a modern Amusement Park, is located in a
Business B Disvict under the Town of Agawam Zoning Code;
WHEREAS, the operation of a modern Amusement Park requires the
constnLction and installation of business buildings that exceed three(3) stories or more
than forty five (45) feet; and
WHEREAS, the regulation of the height of business buildings that constitute part
of an Amusement Park through the issuance of special permits is in the best interests of
the Town of Agawarn-
NOW THEREFORE, BE IT ORDAINED BY THE AGAWAM CITY COUNCIL
AS FOLLOWS:
That the Zoning Code of the Town of Agawam be amended by restating Section
180-49 in its entirety to react as follows:
Section 180-49. Height Regulations.
A business building shall not be erected or altered to a height in excess of three
(3) stories or more than forty five(45) feet except as expressly provided herein.
These provisions shall not apply to chimneys, flag or radio poles, water tanks,
hose towers or required bulkheads or elevator penthouses. A residence building
shall comply with the height provisions for Residence B Districts. Heights of
other buildings or structures permitted in Section 180-48A shall not exceed the
heights permitted in Residence B Districts. Notwithstanding the foregoing,
business structures may be erected or altered by special permit to a height in
excess of threw(3) stories or more than forty five (45) feet when the business
structure constitutes part of an Amusement Park.
259772-1
Dated thus day of March, 2005_
PER ORDER OF THE AGAWAM CITY COUNCIL APPROVED AS TO FORM
Gina M. Letellier, City Council President Thomas S. Locke,City Solicitor
259772-1