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36 Main Street Agawam, Massachusetts 01001-1837
MP`1 Tel. 413-786-0400 Fax 413-786-9927
May 10, 2005
Agawam Town Council .
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 May 5, 2005, the Agawam Planning Board voted to'nnot be the
petitioner for the proposed zoning amendment entitled "violations and penalties".
Sincerely,
Dennis B. Hopkins, Chairman
Agawam Planning Board
AGAWAM CITY COUNCIL
36 MAIN STREET'
.;. AGAWAM, MASSACHUSETTS 01001
M MEMORANDUM
DATE: MAY 3, 2005
TO:' . PLANNING BOARD .
PRESIDENT FROM: URSULA RETZLER, COUNCIL CLERK
Donald M,Rheault RE: TOR-2005-2-AN ORDINANCE TO AMEND CHAPTER 180,
ENTITLED "ZONING" OF THE CODE OF THE TOWN OF
VICE PRESIDENT AGAWAM-.
Robert M. Young ..,
COUNCILORS
George Bidas
Cecilia Calabrese Dear Members:
Ruth Carr Bilzas
Gina M.,Letellier The Agawam City Council during their regular council meeting held on Monday,
Robert A. Magovern May 2, 2005 moved by motion made by Councilor L6tellier and seconded by
Joseph Penineo Councilors Calabrese and Bitzas to ask the Planning Board to be the petitioner for
Dennis J. Perry g
Robert E. Rossi the above matter.
Jill P. Simpson
cc: Attached
COUNCIL CLERK Council Members
Ursula Retzler. , Mayor
City Solicitor
File
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TELEPHONE
(413) 786-0400 Ext. 233
FAX ;
(413) 786-9927
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S
TOR —2005-2
AN ORDINANCE TO AMEND CHAPTER 180, ENTITLED "ZONING",
OF THE CODE OF THE TOWN OF AGAWAM
(Mayor)
WHEREAS, Chapter 180 § 16 entitled "Violations and penalties", of the Code of
the Town of Agawam provides for fines for violations of any decision rendered by the
Board of Appeals, or any condition under which any permit is issued; and
WHEREAS, the proposed ordinance amendment provides for the enforcement of
violations of said Chapter 180 by non-criminal complaint as set forth in Massachusetts
General Laws Chapter 40 § 21D; and
WHEREAS, the proposed ordinance amendment is in the best interests of the
City of Agawam and its residents;
NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY
COUNCIL, CHAPTER 180 OF THE CODE OF THE TOWN OF AGAWAM IS HEREBY
AMENDED AS FOLLOWS TO BE EFFECTIVE UPON ADOPTION:
Add § 180-16 1/2, which reads as follows:
§ 180-16 1/2 Alternative Non-Criminal Proceedings for Violations
Any violation of this ordinance, Chapter 180, may, in the discretion of the Board of
Appeals be enforced by the Zoning Enforcement Officer, or the Inspector of Buildings, or
their designee, be enforced by the non-criminal complaint method for which provision is
made, and/or as set forth in M.G.L. Chapter 40, Section 21D, as amended from time to
time, that is, Non-Criminal.Disposition. Fines issued pursuant to § 180-16 1/2 shall be as
follows:
1' offense - $25.00
2"d offense - $50.00
3rd offense and each subsequent offense - $100.00
Each day on which a violation exists shall constitute and be deemed a separate offense.
DATED THIS DAY OF. 2005.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, City Council President
APPROVED AS TO FORM AND LEGALITY
omas oc e, C19 Solicitor