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8353_ZONING AMENDMENT - BUS. B - STRUCTURES OVER 45 FT 553 zon �m�mex fi �, s Approved 1st cling on h!a 16 2005 0 C CC— 1�t� U /td (o Y C�? TOR-2005-$ 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- o cri C 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 �. r�';4 Sgt. ichard NILES Safety Officer, Agawam Police Department 1� folo ApR �, O NIN oar 1�►N Q I 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