8184_ZONING AMENDMENT - AMENDMENTS TO TELECOMMUNICATIONS ORDINANCE zo r) , r� �
mend menf
p mencE me ,�ts fo �ele
commur)i cc�- � nav) c
i
i
January 17, 2002
LEGAL NOTICE LEGAL NOTICE
PUBLIC HEARING
AGAWAM CITY COUNCIL.
The Agawam City Council will hold a public
hearing on Monday, February 4, 2002 at 7:30 P.M.
at the Agawam Middle School, 68 Main Street,
Agawam, MA.`The purpose of this hearing will be
to hear the petition of the Agawam Planning
Board for a proposed amendment to the Code of
the Town of Agawam,Article XIV entitled Personal
Wireless Service Facilities and Towers, Chapter
180-97 as follows:
To delete Section 180-97 K. of the. Zoning
Ordinance in its entirety and substitute the fol-
lowing in its place:
. K: In order to ensure public safety, the mini-
mum distance from the base of a telecommunica-
tions tower to (i) any properly line and/or street,
shall be a minimum of the height of the
facility/mount, including any antennas or appurte-
nances; (ii)all structures on adjacent lots shall be
at least 375 feet; and (iii} all publicly owned parks .
and playgrounds shall be at least 375 feet As
used herein, "publicly owned parks" shall not
include any municipal golf course. If, however,
the applicant demonstrates to the Special Permit
Granting Authority that due to any combination of
factors relating to the land, such as topographic
conditions, terrain, wetlands, vegetative cover
and other existing improvements, a reduced set-
back is necessary, the Special Permit Granting
Authority may reduce the setback requirement to
not less than 200 feet subject to finding that the
reduced setback will not result in a material and
unreasonable safety hazard.
To add Section 180-97 O. as follows:
O. A different existing structure or use on the
same lot shall not preclude the installation of a
wireless telecommunications facility on such lot.
if a tower and its equipment buildings are the sole
use of the lot, the tower shall be deemed to be the
principal use, otherwise, the use shall be consid-
-red.accessway.
A copy of the proposed zoning amendment can
,e obtained from the Agawam Planning Office_or
he Agawam Town. Clerk's office between the
.___ or e:ao ^.m. ano 4.r?v rims in ("0 Agawam
iown Hall,36 Main,Street,Agawam,MA.
Ursula Retzler
Clerk of the Council
Published: January 17,2002.
: -06�t�Laick' 0
C TOR-2001-7
N ORDINACE TO AMEND THE CODE OF THE TOWN OF AGAWAM
ARTICLE XIV, ENTITLED PERSONAL WIRELESS SERVICE FACILITIES AND
TOWERS, CHAPTER 180 § 180-97
(Agawam Planning Board and Mayor Richard A. Cohen)
V
WHEREAS, Article XIV of Chapter 180 of the Town Code of Agawam,
an ordinance entitled Personal Wireless Service Facilities and Towers, was
enacted by the Town of Agawam in 1998; and
WHEREAS, since the enactment of Article XIV of Chapter 180 of the
Town Code of Agawam, several situations involving the enforcement of said
ordinance have been presented to the Agawam Planning Board and the
Building Department which need be addressed; and
WHEREAS, the literal enforcement and effect of Chapter 180 § 180
97 (K) of said ordinance as enacted may have the effect of prohibiting
wireless services in violation of the Telecommunications Act of 1996; and
WHEREAS, the Planning Board voted to be the petitioners of this
proposed zoning ordinance amendment in its desire to have the situations
addressed in the best interests of the Town of Agawam; and
WHEREAS, it is in the best interest of the Town of Agawam to amend
Article XIV Chapter 180 § 180-97 (K) of the Town Code of Agawam by
deleting the existing language and adding the revised W as set forth below;
and
WHEREAS, it is in the best interest of the Town of Agawam to amend
Article XIV Chapter 180 § 180-97 by adding subsection (0) as set forth
below;
NOW THERFORE, BE IT RESOLVED AND ENACTED by the Agawam
Town Council that Article XIV Chapter 180 § 180-97 of the Code of the
Town of Agawam is amended to read as follows;
§ 180-97 H. is hereby deleted in its entirety and the following
language is hereby inserted:
H. The tower and communication equip r j.1 slie1. er(s) shall be
MAY 2 2 2GOZ
- - 0 •
completely fenced for security within a gated area no greater than 10,000
square feet, with fence height limited to six feet. Use of razor wire is not
permitted.;
§ 180-97 K. is hereby deleted in its entirety and the following
language is hereby inserted:
K. In order to ensure public safety, the minimum distance from the
base of a telecommunications tower to (i) any property line and/or street,
and (ii) all buildings on the subject property occupied on a regular basis, shall
be a minimum of (a) 260 feet; or (b) one and one-half (1 %) times the height
of the facility/mount, including any antennas or appurtenances, whichever is
greater. Such minimum distance to all publicly owned parks and playgrounds
shall be at least 375 feet. As used herein, "publicly owned parks" shall not
include any golf courses.; and
§ 180-97 of the Code of the Town of Agawam is further amended by
adding subsection 0, to read as follows:
0. A different existing structure or use on the same lot shall not
preclude the construction and installation of a wireless telecommunications
facility on such lot. If a tower and its equipment buildings are the sole use of
the lot, the tower shall be deemed to be the principal use, otherwise, the
use shall be considered accessory.
Dated this day of 2002.
PER ORDER OF THE AGAWAM TOWN COUNCIL
Airia M. Lete lien, ident
APPR 0 FOR N LEGALITY
mas . ocke, City Solicitor
MAYORAL_ACTION
Received this N/A day of , 2002 from Town Council Clerk.
Signed by Council President this 20t' day of May . 2002.
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 21st day of
May .2002.
Richard A. Cohen, Mayor
DI P VAL F LE I L TI
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
2002 for the following reason(s):
Richard A. Cohen,Mayor
REIM OF LECJSLA—TION TQ C UNCIL CU
Returned to Council Clerk this 21st day of� May 2002.
41 731 9230
Feb 28 02 03: 05p Sim J. Brighenti , Jr. (410 731 -9230 p . 1
41 Sequin Drive, 2"°Floor
Glastonbury,CT 06033 �INNA�II.�
To]: (860)657-1400
Fax. (860)652-8333 SSE DavmopIIAmT
CONTACT SENDER:
(413) 237-1550
Fm
- To: Attorney Tom Locke, Agawam From: Simon J. Brighenti, Jr_ JD
City Council,Agawam Planning
Department
Fast: (413)786-9927 1Pagew 5 (including coven
PtMxM oat= MW2W2
Rs: Wireless Overlay Bylaw cc:
0 urgent 0 For,Review L]Please Comment 0 Please Reply 0 Please Recyals
• CpRxs�ents:
Please review the enclosed in preparation for this evening's meeting. A prior
eangagemmt has made it impossible for me to attend. Thank you for your attention.
Please contact me with any questions. You may reach one at (413) 237-1554.
Thank you for your cooperation in this matter.
Simon J. Brighenti, Jr., JD
Zoning Specialist
The information contained in this facsimile message is privileged and confidential information intended
for the jlse of the addressee lifted above and no one else. if you are not the intended recipient please
contact the sender by telephone immediate)y-
Feb 28 02 03: 05p Sim Brighenti , Jr. 141 731 -3230 p. 2
Febn.wry 27, 2002
City Council
Agawam Town Hall
38 Main Street
Agawam, MA 01001
Attorney Thomas Locke
430 Main Street
Agawam,MA 01001
Dear Attorney Locke and Council Members:
I am writing to provide further dctaU on the position of Ornnipoint Holdings, Inc.,
a division of'VoiceStream Wireless regarding the Wireless Teleconnnunications Overlay
District ('-WTOD") in the City of Agawam. As presently desijpwed, interpreted and
applicd, the WTOD makes it virtually impossible to place a tower within the city. Should
one or more carriers be able to prove that a significant gap in service exists within the
town, the inability to cover this gap could be violative of the Federal
Telecommunications Act of 1996, 47 U,S,C. §332 332 (tine"TCA"). Under the TCA, the
power of local government authorities to regulate the placement, construction, and
modification of Wireless Telecommunications Facilities is tempered by the proviso that
such regulation shall neither discrkniwe among providers of personal wireless service
nor prohibit, or have the eftcct of prohibiting, the provision of personal wireless service.
See 47 U.S.C. §332 (c) (7) (B) (i) and Omnipoint Communications MB Operations, LLC
v. Town of Lincoln, Lincoln Board o,#'Appeals, ot. al. 107 Fed Supp. 108. Following is an
analysis of the 9 separate areas within the Agawam WTOD and the masons it effectively
prohibits the provision of wireless service, Copies of all referenced correspondence,
plans, etc. arc available upon request.
1. The WTOD consists of the following country club/golr courses:
Agawam Municipal, Oak Ridge, Saint Anne's, and Crestview.
According to statements by the Agawa rn zoning enforcement officer,
towers may not be built in these areas due to the requirement set forth
50V;,.nn Ik7ulewrrcl C'J'•t No .(J.hcn,R1 02914
Feb 29 02 03: 05p SimW* Hrighenti , Jr. i4.1ie731 -9230 p. 3
in § 184-97 K that " the distance from all existing dwellings,
businesses and or institutional uses and building: or public recreation
areas shall be at least 750 feet." (Emphasis added). The zoning official
inteTfrrets the phrase "public recreation areas" as including gull'
courses. This thus eliminates 4 of the 9 WTOD areas.
2. The WTOD also includes the two parcels known as "Dendi's Island".
This land is within the Agawam boundaries but is leaved and
controhhed by the City of Springfield. This is the site of Spring&-Id's
woLstewate'r trc4n-nnt plant and landML A tower in this location
would require the issuance of a Request for Proposals by the City of
Springfield. The Springfield officials in charge of the site have Slated
to carrier representatives that the-,re will be no RFP issued on this
property. Court cases haves state that the "effective prohibition:
analysis under the "ITCA can begin and end within the town borders.
While technically within the borders of Agawam, Springfield is the
municipality with the legal right to determine whether a facility will be
placed there. Further to the point, federal and state environmental
regulations that control the placement of wireless facilities would
disallow the placement of a facility at Such a site. This efYectively
eliminates the Bondi's, Island site, leaving 4 of the 9 sites potentially
available.
3. The Agawam Regional Industrial Park is also included within the
WTOD. WestMass Area Development Corporation controls the
Industrial Park. This organization has stated in a letter that it will not
waive the height limit of 30 feet, which applies to the entire Industrial
Park, As a tower of 30 feet will u rve no useful purpose, this parcel is
effectively unusable. This leaves 3 of the WQTOD sites potential
available.
4. Property owned by Western Mnssachusetts Electric Company
(WMECO) and Berkshire Power is also ,included in the WTOD.
WMECO has conducted extensive engineering and mapping if the
land within that WTOD district. The engineering discloses significant
wetlands throughout the property. The property is also wbjec t to a
dedicated Agricultural Preservation Restriction (an "APR'). State law.
prohibits any commercial development within an APR. WIECO has,
through its parent company Northeast Utilities (NU) provided
regulations that proscribe the use of towers of the type present on the
property or within the associated right<5 al' way. Further, Berkshire
Power representatives have stated that they will not give permission
for any wireless Facilities to be constructed on its property. This point
is moot, as therc is no buildable area within the BerkAire Power land
due to the presence of wetlands, the APR and identified protected
species nesting areas. This convergence of circumstance ellectively
Feb 28 02 0310sp Sim40, Brighenti , Jr, 141 731 -9230 p. 4
prohibits carriers from using this property to site: a facility. This
effectively leaves 2 of the 9 site. for potential facility construction.
5. The remaining 2 sites consist of the Proven Mountain area and the Six
Flags New Lnglarid theme park, formerly Riverside. Most carriers
licensed to provide service in the area are already present on Provin
Mountain. Further, there is a tower at the Lennie's Fiberglass site
directly across the stfieet from Six cgs which site is presently in
zoning to increase capacity from three to six carriers. This belies the
need For a facility at Six Flags. Neither of these sites provides
coverage to the central, residential area of Agawam, the portion of the
municipality wherein.the gap in service exists.
Several court cases have addressed the issue of an illwory overlay district.
Specifically, the US District Court stated in the Lincoln case, supra, as follows:
[W]hen a local zoning authority frums its zoning requirements in a
wanner that make them extremely difficult to fulfill, it male the
locality more vulnerable to a claim that its zoning regirne results in an
effective ban can wireless service.
Further, the court in Lincoln stated as follows:
Local authorities cannot...sitMly allow [1 for the erection of some
WCF [i.e. Wireless Communication Facilities) and thus ensuring that
wireless services arc available merely sorr where within the relevant
jurisdiction, even though such services are not comprehensively
available throughout the jurisdiction. [Citations omitted]. ... In other
words, an effective prohibition can exist even where a town allows for
the erection of some WCI+s but subject to criteria that would result in
incomplete wireless services within the town, i.e. significant gaps in
coverage within the town.
In a (bootnote to the above statement, the court stated "a town would
violate the TCA if it allowed WCFs to be built only on one parcel within the town
if that parcel was situated in such an area that the wireless coverage generated
from that parcel was insufficient to provide coverage throughout the town.".
Testimony by industry representatives at the various hearings on this issue
held by the city of Agawam has elicited the fact that several of the landowners
within the WTOD parcels (specifically Bondi's Island, some of the golf courses
:and the Industrial Park) have Stated they will not lease land to a carrier. (This fit
is presented despite the fact that the lands owned by these; landowners i. not
usable due to the circumstances presented above). Agawam may not rely on this
fact to support the validity and legality of the WrOD. As the court stated in the
Lincoln case,
Feb 28 02 03; 06p Sim . Brighenti , Jr. t41,0731 -8230 p. 5
The Town cannot insulate itself by claiming that it is (thc
"Landlord's] refusal to lease to [the carrier) which is the: cause of
the significant gap in wireless services within the Town. By
structuring the Overlay District in the manner that it has, the town
has delegated a large degree of authority to [the Landowners
within] the Overlay District parcels. This delegation essentially
amounts to giving the individual landowners monopolistic control
over the provision of wireless services to each owners' respective
section of the Town....While tln: owner's refusal may be the
precipitating cause of the; significant gap, it is ultimately the
Town's policies, i.e. the selection'of that particular parcel as the
only parcel that may provide wireless services to that section of the
Town, which have the effort of prohibiting wireless services. This
is especially so when other landowners are willing to lease to
wireless providers parcels which would provide wireless services
to that section of the town, but the coning laws do not pennit
WCFs to be erected upon their property.
Based on the alxwe, should Agawam decide not to revise the WTOD, it
would continue this efrective prohibition of wireless services. Carriers have
attempted to work within the present zoning regime and have been unable to do
so, due to the illusory nature of cth WTOD. The next step was to attempt to
convince Agawam to revitise the WTOD to allow construction of additiorml
facilities within the city. This has been met with significant resistance. Members
of the City Council have made public statements to the effect that carriers should
be required to obtain variances to construct facilities. fn addition to being an
unwise planning concept, this would also be further evidence of the town's
attempts to effectively prohibit wireless service.
Kindly consider tlw above in determining a response to the request for
revision of the present overlay district. You may contact me for any further
comment or information at(413) 237-1550. Thank you ibr your consideration.
Sincerely,
r.` Arm .. ... .-..
Simon 1"Bri nti; Jr.,JD
Zoning Specialist
Omnipoint Holdi ags, Inc.
a division of VoiceSirearn Wireless
CELL TOWERS Proposed: 12/17/01
Revised: 1/14/02
Revised: 2/7/02
Section 1517 —Rules Regulating the siting of Wireless Communications Facilities.
I. Purpose of Ordinance
The City of Westfield seeks to minimize the adverse impacts of the siting of personal
wireless service facilities on adjacent properties, residential neighborhoods and the
overall health, safety, environmental quality and visual character of the City of Westfield.
The City seeks to achieve this by regulating the location, appearance and height ofmich
facilities and by promoting shared use of existing facilities to reduce the need for new
facilities. For purposes of this section of the Zoning Ordinance the followin definitions
shall apply:
A. Personal Wireless Services ("Services") —Commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange access services.
B. Personal Wireless Services Facilities ("Facilities")—Any and all materials,
equipment, storage structures, towers, dishes and antennas, other than customer
premises equipment, used by a commercial carrier to provide telecommunications
and/or data services.
C. Tower -- Any antennae mounting structure (excluding buildings), used by a
commercial carrier to provide telecommunications and/or data services, that is
utilized primarily to support reception or transmission equipment and that measures
twelve (12') feet or more in its longest vertical dimension. The term "Tower"
includes, but is not limited to, self-supporting, monopole and lattice towers.
D. Communication Device — Any antennae, dish or panel mounted out of doors of an
already existing building or structure used by a commercial carrier to provide
telecommunications and/or data services. The term "communications device" does
not include a tower.
II. Special Permit/Site Plan Review Required.
A. Special Permits
No facilities shall be erected, constructed, or installed without first obtaining a
Special Permit from the Planning Board unless said facilities are sited on City-owned
property. The application for the Special Permit is subject to the requirements and
procedures of Article XXIV as modified by the terms of this section. No special
permit shall be granted unless the facility is proposed to be located within one of the
following three categories which are prioritized by desirability of location:
1st. On existing buildings, structures or towers in non-residential districts.
2nd. Other sites in non-residential districts.
3rd. A communication device, only, on existing buildings, structures or towers
in residential districts.
Before the Planning Board may grant a Special Permit for a prioritized 2"a or 3'd
category location, the applicant shall establish the unavailability of a location in the
higher prioritized category or categories.
B. Site Plan Review
No facilities shall be erected, constructed or installed on City-owned property without
first obtaining site plan approval from the Planning Board,
C. Exemptions. The following types of wireless communication facilities are exempt
from this ordinance:
a. Amateur radio towers used in accordance with the terms of any amateur radio
service licenses issued by the Federal Communications Commission, provided
that (1) the tower is not used or licensed for any commercial purpose; (2) the
tower does not exceed 100 feet; and (3) the tower will be removed if the use is
discontinued for one year.
b. Municipal facilities are exempt from the special permit requirements but are
subject to site plan review. The requirements of this section apply in the site plan
review process only if specifically so stated herein.
c. Placement of a communications device on an existing legally permitted tower
unless the number of such devices on the tower has been specifically limited in
the permit previously issued for the tower.
d. Placement of an antenna within an existing building provided, however, said
antenna is not visible from outside of the building, no construction is required on
the outside of the building and installation is made in accordance with all
applicable federal, state and local laws, codes and regulations.
III. General Requirements
A. Type of Tower
The only towers allowed are freestanding Monopoles and Lattice Towers, with
associated antennae and/or panels.
2
B. Setbacks,
1. The minimum distance from a tower to a non-residentially zoned property line
shall be 11/2 times the height of the tower, including any antennae or
appurtenances.
2. For those locations where the site abuts a residential zoning district, a tower must
be no less than 500 feet from each residential lot line.
3. The minimum distance from a tower to a walking, biking or other trail dedicated
to public recreational use shall be 1 1/2 times the height of the tower, including
any antennae and appurtenances.
4. The setbacks for equipment storage buildings or storage sheds shall comply with
the setback requirements for buildings of the zoning district within which it is
located.
C. Safety.
1. Towers, facility structures, buildings and appurtenances shall be installed,
maintained and operated in accordance with applicable federal, state and local
codes, standards and regulations, and shall be designated to withstand sustained
winds and gusts of all applicable EIA standards. A certification of compliance
must be made by a Massachusetts registered structural engineer that the applicant
has complied with all requirements outlined herein.
2. No tower climbing apparatus shall be lower than fifteen(15) feet from the ground.
3. Fencing shall be provided to control access to the site of the tower and shall be of
sufficient height to prevent access. No razor wire shall be used.
4. All utilities serving the facility shall be placed below ground to the extent
feasible.
5. Noise shall be minimized. Backup generators shall only be operated during
power outages or for testing and maintenance purposes. Testing and maintenance
shall take place only on weekdays and only between the hours of 8:00 a.m. and
5:00 p.m. The noise restrictions set forth herein are in addition to any other
applicable limits of the Code of Ordinances.
D. Height.
1. In no case shall a tower exceed the height of 190 feet.
3
2. There shall be a presumption that the addition of an antenna on or within an
existing structure shall not require an increase in the height of the structure greater
than ten(10) feet
E. Aesthetics.
1. Facilities shall be designed and constructed to assure minimal visual impact and
shall be suitably screened from abutters and residential neighborhoods.
2. The maximum amount of natural vegetation shall be preserved and additional
vegetative screening shall be employed, particularly to screen facilities from
abutting property.
3. Communication Devices shall be situated or attached to a building or structure in
such a manner that they are screened wherever possible, shall be painted or
otherwise colored to minimize their visibility, and shall be integrated into such
structures or buildings in a manner that blends with the structure or building. Free
standing antennas or dishes shall be located on the Iandscape, screened and
painted in a manner so as to minimize visibility from abutting streets and
residents. To the extent feasible, all network interconnections shall be installed
underground, and all electric services to the site shall be installed underground.
4. Lighting shall be limited to that needed for emergencies and/or as required by the
FAA.
S. Proposed buildings or structures shall be specifically designed and constructed to
be aesthetically and architecturally appropriate to the site and zoning districts.
F. Parking,Access and Drainage
1. There shall be a minimum of one (1)parking space for each facility, to be used in
connection with the maintenance of the facility and the site. No vehicles may be
permanently parked or stored on site.
2. Access to the site shall be sufficient for City emergency vehicles.
3. Run-off storm water from a facility, including driveways and parking areas, shall
be contained on site. The amount of impervious surface on the site shall be
minimized.
G. Signs.
1. The operator shall post the following signs:
a. a no trespassing sign:
b. any signs required to warn of danger; and
4
c. a sign providing the following information:
i. identification of the facility;
ii., name, address, phone number, and emergency phone number of the
landowner; and
iii. name, address, phone number, and emergency phone number of the
operator
iv. if the landowner is the City, the name, address, phone number and
emergency phone number of the police.
2. The signs shall comply with the requirements of Article XXI of the Zoning
Ordinance. The operator shall file all of the information listed in (c) with the
police within seven (7) days of the granting of a Special Permit. The Operator
shall not post any other signs.
H. Discontinuation.
1. A tower owner must file with the City Clerk, with copies to the Planning Board
and Superintendent of Building, written notice that a tower is no longer being
used for active communication purposes within 14 stays of the date that such
active use ceases. In the event that a tower has not been used for active
communication purposes for a period of 12 consecutive months, the Planning
Board shall schedule a public hearing to determine whether the special permit as
granted should be revoked. Notice shall be given to the last owner of record and
the hearing duly advertised following the same advertising requirements as if the
hearing to revoke were a new application. Upon a showing that a tower has not
been utilized for active communication purposes for more than 12 consecutive
months, the Planning Board shall revoke the special permit and the tower shall be
removed at the expense of the tower owner.
2. Each tower owner shall file with the City Clerk, with copies to the Planning
Board and Superintendent of Buildings by December 31st of each year, a
statement that the Owner continues to operate the tower to include confirmation
that its removal bond and any required insurance remains in force and effect. The
statement must list the name and address of the owner of the land upon which the
tower is located, and the names and addresses of all providers of personal wireless
services using the tower. Upon a change in ownership of the tower or the land
upon which the tower is located, a new filing which complies with the foregoing
requirements shall be made by the parry responsible for the continued operation of
the tower.
3. Upon approval of the special permit or upon site plan approval under site plan
review, whichever is applicable, the applicant for the siting of a tower shall
provide a removal bond to the City of Westfield in an amount equivalent to the
costs of removing such tower at present day costs. The Planning Board shall not
5
issue a Special Permit and no building permit shall issue until the Treasurer
receives the removal bond. No more frequently than each five years after the
issuance of the special permit or of the site plan approval, the Planning Board
may require of the Owner a revised estimate of the costs of removing the tower
and, upon receipt of the revised estimate and its review by and receipt of the
recommendation of the City Engineer, may vote to increase the amount of the
bond required in which instance the Owner shall be required to obtain and provide
to the City Treasurer a removal bond as required.
IV. FILING PROCEDURE AND STANDARD OF REVIEW
A. Procedure
1. The Planning Board shall promulgate regulations for submission of proposals.
These regulations will be used by the Planning Board to review applications and
to attached conditions to the Special Permit.
2. If the applicant is not the owner of the land, the owner shall sign the application.
The applicant shall also submit a signed contract between the applicant and the
owner. If the owner is a public entity, the applicant shall submit authorization
from the entity. If the owner is the City, a lease agreement between the City and
the applicant shall establish authorization from the City.
3. The Planning Board shall refer all applications to the Airport Commission for
review and comment. The Planning Board shall not act upon an application until
it has either received written comment from the Airport Commission or 45 days
has elapsed from the date that the Planning Board forwards the application to the
Airport Commission. Additionally, the application shall be referred to the City
Council, Conservation Commission, Health,Police, and Fire Departments.
4. In addition to compliance with the general requirements of the special permit
application process, an applicant for a special permit for the siting of personal
wireless services facilities must submit with its application a written site
justification statement with attached site plan. The site justification statement
must explain the reason that the applicant finds existing facilities to be inadequate
to provide necessary service coverage, must detail all alternate locations
considered by applicant for the location of the facility sought to be permitted,
must explain the reason each alternate site was rejected, and, for towers, must
explain the basis for the proposed height. Failure to supply the site justification
statement or a site plan which the Planning Board finds adequate to allow a full
review of the application shall be grounds for denial. The Planning Board shall
employ an independent technical consultant to review the site justification
statement and such technical issues raised in the course of the review process as
the Planning Board deems appropriate.
5. In addition to the usual fee required by applicants upon submission of an
application for a special permit, all applications filed pursuant to this section shall
be accompanied by a check payable to the City of Westfield in the sum of Two
Thousand Dollars ($2,000). This sum shall be used to defray the cost of the
consultant hired by the Planning Board to assist its consideration of the
application. Should any portion of said sum not be expended, the balance shall be
returned at the conclusion of the application process.
6. Each application, whether submitted for a special permit or as part of site plan
review, shall include a written list of requested waivers with a statement of
justification for each. Only waivers authorized under III.B.3, below are
permissible.
B. Standard of Review
1. The Planning Board shall act in accordance with the standards and requirements
set forth herein.
2. The Planning Board shall make findings relating to the issues in the site
justification statement. Such findings shall include but are not limited to a finding
on the extent to which existing facilities are at capacity,findings as to the effect of
topography on the site and findings as to the degree of visual impact of the facility
as proposed within the context of the specific neighborhood in which the
applicant proposes its siting. There is a presumption that financial costs are not
reasons that support a determination. The burden remains on the applicant at all
times to prove to the Planning Board any reason supporting an assertion of the
unavailability or technical unfeasibility of alternate sites.
3. The Planning Board may grant a Special Permit if it finds that the applicant has
met the requirements of the ordinance and General Laws Chapter 40A and that
the proposal is in harmony with the general purpose and intent of the City of
Westfield Zoning Ordinances. Upon written application therefore, the Planning
Board may grant a waiver of strict compliance with (a) the setback requirements,
(b) dimensional requirements other than maximum tower height which is not
subject to waiver, (c) the on-site drainage requirements and (d) the demonstration
requirements, provided that it finds the waiver not to be inconsistent with the
present use of the property and not otherwise in conflict with the general purpose
and intent of the City of Westfield Zoning Ordinances. Failure of the applicant to
prove minimal visual impact shall be grounds for denial. Failure of applicant to
supply information adequate or sufficient to allow the Planning Board to conduct
a full review shall be grounds for denial.
4. The Planning Board shall act on a Special Permit request within a reasonable
period of time as set forth in Article XXIV and any denial shall be in writing and
supported by substantial evidence contained in the record.
7
C. Requirements.
1. Upon submission of the application for a Special Permit, the applicant shall
arrange to fly a three foot diameter fluorescent colored balloon at the primary site
at the maximum height of the proposed installation or at the request of the
applicant and discretion of the Planning Board, request to substitute a crane for
the balloon at the tower location for a minimum of 3 days. In either case photos
shall be taken from 8 locations showing the test. The date and location of the
flights shall be advertised at least fourteen (14) days, but not more than twenty-
one (21) days,before the public hearing in a newspaper with a general circulation
in the City of Westfield.
2. Communication Devices shall, if feasible, be located on pre-existing buildings,
structures or towers, provided such installation shall preserve the character of the
structure. The applicant shall have the burden of proving that there are no feasible
preexisting building, structures or towers. If a pre-existing tower is not
appropriate, but the site is, the old structure shall be dismantled with a new tower
put in its place.
3. Shared use of Towers by commercial carriers is required unless such shared use is
shown not to be technologically feasible.
4. All Towers and associated structures shall be designed to accommodate the
maximum number of users technologically practical, a minimum of three
additional users each utilizing three bays of panel type arrays.
5. Whenever feasible, city agencies shall be allowed to attach communication
antennas at no cost to the city agency. Facilities shall enhance the City of
Westf eld's telecommunication, computerization and emergency communication
goals.
b. Annual certification of compliance with Federal Comminations Commission,
Federal Aviation Administration and federal, state and local laws, rules and
regulations must be provided for all facilities.
7. If a Tower is on City property, a Certificate of Insurance for liability coverage in
the amounts of $1,000,000.00 must be provided naming the City as additional
insured.
8. If a Tower is on City property, an agreement shall be made whereby the user
indemnifies and holds the City harmless against any claims for injury or damage
resulting from or arising out of the use or occupancy of the City owned property
by the user.
9. Equipment storage buildings or storage sheds shall not exceed one (1) story in
height; no more than three hundred (300) feet in floor area shall be available for
8
each user; any buildings or storage sheds added to a site must be attached to and
abut the original building or storage shed and must be compatible in appearance.
10. For a tower, execution of an agreement with the City shall be made whereby the
applicant will allow other carriers to lease space on the tower so long as such use
does not interfere with the applicant's use of the tower is required.
V. SEVERABILITY
A determination of invalidity or unconstitutionality of any section of this ordinance shall
not invalidate any other section and every other provision and section shall continue in
full force and effect.
R
9
•
FAG AGAWAM CITY COUNCIL
'S 36 MAIN STREET
;+ AGAWAM, MASSACHUSETTS 01001
EDP ,,.
MEMORANDUM FEB 2 0 2M2
DATE: February'20, 2002
TO: Thomas Locke, City Solicitor .PLAN N
Deborah Dachos, Dir. of Comm. & Plann,
PRESIDENT Nick Urbinati, Bldg. Insp.
Gina M. Letellier Doreen Prouty, B.o.Appeals, Chairperson
VICE PRESIDENT Derrpis Hop"Plann. Brd., Acting.Chwama
Robert M. Young FROM: Anthony Bonavita, Chairman
Zoning Review Committee
COUNCILORS Re: TOR-2001-7-(Ph-2002-1)(ZC-2001-3)-an Ordinance to amend the Code
George Bitzas of the Town of Agawam, Art. )9V entitled Personal Wireless Service
Anthony C. Bonavita
Ruth Carr Bitzas Facilities& Towers, Ch. 10-97, Paragraph 180-97C
Lowell P. McLane
Joesph Mineo
Richard C. Morass!
John J. Negrucci Several issues have been raised concerning the above matter. We are holding a
Dennis J. Perry
Jill P. Simpson joint meeting of the zoning review committee and the ordinance committee on
Thursday, January 28, 2002 at 7:00 P.M. at the Agawam Middle School
COUNCIL CLERK auditorium, 68 Main Street, Agawam, MA.
Ursula Retzler
We believe the only way to attempt to resolve some of the outstanding issues is to
have numerous parties present, such as yourself. Therefore, your presence is
requested at the joint meeting. We hope that you will join us. Please call me if you
have any questions.
TELEPHONE
(413) 786-0400 Ext. 233
FAX
(413) 786-9927
September 13,"The Big Dig:An Insider's Viecd'
Joseph P.j. Urrxbel, Esquire, Bowditch 6"Dewey, LI,P In considering Southwestern Bell's appeal from the rant j November 30:Deadline for AICPIACSP Collaborative Projects Symposium
g pp g Author Dan McNichol speaks an the Big Dig as part of the Boston Society of
Southwestern Bell Mobile Systems v. Todd 244 F.3d 51 (1st of summary judgment in the Federal District Court, South Architect's"Exploring Design Lecture Series. Free. Boston Public Library,6:00 proposals American Institute of Certified Planners(AICP)and die Assc,ciarion of
Cir. 2001) western Bell claimed that Leicester's denial of the special p.m. Info:617-951-1433 a221 or wwwarchitccts.org.
1' Coll egrarc Schools of Planning(ACSP)announce the third annual AICPlACSP
Telecommunications Act of 1996; `Aesthetic Impact Zoning permit was not supported by"substantial evidence contained September 13-14;"Planning Tools of the Trade,"Portland,ME UllaboT.uive Projects Sympostwn. Deadline is Novernher 30,2001. The Call for
By-late" in a written record", as required by the TCA. The First Annual Conference for die Maine llsuaciarion of Planners and the Northern New Entries is posted at:wwwplanning.orglahraiop/aw rds,hunl.December 10;AICP
England Chapter of APA_ Eastland Park Hotel,Portland,ME. Info:Maureen Fo am Application Submission Dea&tic. Fee required:$50,00. Info:
In a very interesting case involving the Telecammunica- Circuit quickly dismissed.this argument, finding that there O'Meara at 2oi-799-U115 or tvwwennec3pa.nrg. www.pla,nning.org.
tions Act of 1996 (the "TCA") the First Circuit u held a was sufficient evidence to conclude that the Leicester Zoning
decision of the Leicester ZoningBoard o A ea s when it Boar of Appeals had reasonably oundhh would that the tower wou September l7,.Regional Sustainable Development Forum November 30.The Politics of R4onalism
pp d pp y f Sponsored by New Ecology,Inc.,at tore Massachusetts Institute oflechnology, John Niollenhopf,Professor of Political Science and Sociology,and Director of the
denied a special ermit to Southwestern Bell Mogile ystems have more than a minimal visual impact in violation of 8:00 am to 3:00 tin. lnfolregisrradon:wwwnewecoloyorg or call Madeline Fraser Center for Urban Research,LUNY Graduate Center,co-Author ofp&ceiY aw s:
to construct a 150-foot high telecommunications tower. I he Leicester's Zoning By-law, even though there did not appear to at(617)354-4099 x25. Mempoliricsfr,r the Twe,uy-FirstCencrrry,as part ofrhelaubman Center Fall Speaker
interesting aspect of this case is not so much t at t especial be sufficient evidence to support the conclusion that the tower SeptemberZ3-26;"Users helping Users,"NEPtRC Conferznee,Worcester Series. 12:30 pm,fainsod Room,Kennedy School of Government,Cambridge.
permit denial was upheld,but the grounds upon which the would adversely affect property values or be an attractive l6th Annual Northeast ARC;Users Group Conference,featuring keynote December 3:Cities'Strategic Land Behavior
initial denial was based. In one of the few federal court nuisance to school children. sessions,vendor demonmanions,poster displays,and over 60 technical workshops Ann O'Bowrnan and Michael A.Pagano, Lincoln Institute of land Policy Fall
"Substantial user presentations centered aronod ESRI'sArclnfo and ArcView GIs software. Lecture Series. Noon,free, ion rnqu;ml:617-661-301fi x127. 113
decisions that has sided with Massachusetts cities and towns Although Southwestern Bell claimed that the substantial Registration ranges from.$75(student)to$175(full profession,]). Wnrtester's Brarde Street,Qunbridge.
on special permit denials under the TCA, the Leicester denial evidence" requirement of the TCA mandated that the Leices- Centtum Centre,Worcester,MA. Info-,wwwnortheasraxc.org. December 7.3n Defense of Localism
used the unique argument that the presence of the cell tower ter Zoning Board of Appeals lead to make formal,written September 28;City Limits at 20 1Viilliarn Fiscbel,Professor of Economics,Dartmouth College,author of The
would not satisfy Leicester's Zoning By-law requirement findings of fact and conclusions of law and that a review of Paul Peterson,Professor of Government,Harvard University,author of City Jlorwftvter othesis How Home VialuesInfluence,Local GovernmentYi"ttun,5i'150171
regulating the "aesthetic impact"of wireless relecommunica- the record under the TCA would be limited only to those facts limits,as part of the'l'aubman Center Fall Speaker Series. 12:30 pnr,Mallon Piruance,and L and-Use Alicie,,as part of the Taubman Center FaR Speaker&,ties.
Lion facilities proposed to be located within the town. Essen_ that the Board specifically cited in support of its conclusion,
Penthouse,Kennedy School of Government,Cambridge. 12:30 pm,Graduate School of Design,Room 318
tiall , the Zoning By-law re ulated cell towers in order to the First Circuit strongly disagreed. The Court held that a October 4-5:N AnWC7'Fall Regional Confemrur,toweli December 12: "Seeing the World for the First Time'
rain imize adverse impacts of wireless_communication faeiti- requirement of formal findings of fact and conclusions of law Save the date and be sure to join your w1league-s at our N1 regional APA Juba McMorrough recipient of the Rotch travelling Scholarship for design,
conference October 4-5 in I owdl at the Doubletree hotel. This year's program speaks as part of the Easton Socicry of Architect's"Exploring Dcsigi Lecture Series.
ties upon adjacent rn erties historic areas and residential had no basis in the language of the TCA. Further, strop Free. Boston Public Lib 6:1x1 m. Into:617-951-1433 x221 or
' g includes an all day track nn Press and Media relations conducted by APAs Denny � P�
��nei hborhoods, minimize the overall number and height of policy reasons mitigated against reading such requirements Jnhnsonwhichisspecificallydesigried for planners. Anyone wishing to volunteer wwwarchiteccs.org•
'ti what for work on the confrencec should contact Peter Lowirt,at 978-772-8831 ext.313
such facilities to only w iat is essential, to encoura e co- into the T{A. Importantly, the Court noted that passage of
or by email at pcterlowitt(�devensec.com January l l-12,2002: MMAAnnual Meeting andTiade Show
,
location on a sin le structure, and avoid damage to adjacent the TCA did not alter the reality that local boards are staffed Sheraton Boston and Hynes Convention Center,Boston. Registration$125
properties from taciliEL failurc t roy en neerin an primarily by lay-people, Though board decisions are subject October s:The Economic Role of the City in the list Century members,$230 nonmemk ers. Info:www.mma.orgor 800-882-1498.
Edward Glaeser,Profe-,wr of Economics,Harvard University,cot�litor of The
careful sitin facilities." Since these "aesthetic"criteria of the to review under the'TCA, it would be unrealistic to expect January 1G,20(I2:"The New Regionalism:Guiding Growth m Create
Political Fevnomy of Urban Developmrzt,as part of the Taubman C enter Fall Speaker
Zoning By-law were not satisfied,Le_icesrers denial was highly detailed Endings of fact and conclusions of law from Series. 12:30 pm,Harvard Graduate School of Design,Room 318,Cambridge. community"
Rebecca Barnes,FAIA,Larissa Stour,,AI(T and David Dixon,FAIA speak on
u held a— volunteer board members. Aleho u gh the Court did mote that October 19:US.Urban Ttansportatim:Patterns,Trends,and Choices die BSks Civic Initiative,as flan of the Busmn Society of Architects"Exploring
Southwestern Bell proposed to construct its tower in a allowing local boards to issue written denials that gave no Alan Alrshuler,Piofe-sso,;Koinedy School of Government and Harvard Design Design"Lxcnrre Series. Fwc. Basron Public Library,6:00 p.m. Info:617-951-
suburban-agricultural zone, on a site which was at the a p- reasons for a decision would frustrate meaningful judicial School and Director,Taubman Center for State and Local Government,co-author 1433 x221 or of rheTaubnwi Centeri hill i f www.architem.mg_
roximate center of the town atop a fifty-foot n an open revew, [he Court found that ere there was a sufficient nfM �rl�oj��xl3�licus: thrung),as part
p p y p h C fdh h h ffi 1950-2000(forcot
Fall Speaker Series. 12:30 pm,Fainsod Room,Kennedy School of Government, March 4,2002.AICP Exam Site Registration Form Deadline
field. This tower would be seen by approximately 251/10 of the written record present with sufficient evidence to deny this Cambridge Fee required:$250.00. Info:www.planning.org.
town's population on any given day. The property already had special permit. OctoberMay 11,2001.AICP Exam
2G:A Conservative Agenda for Cities
two forty-foot high water towers, and the site was surrounded In the most interesting portion of the opinion,the Court Ron Utt,Senior Research Feflow,'Ibc 1-kritaggc Foundation,author of"RCV1vU*)g Info:www.pLuining.org.
by a low-density residential area,with high-tension electrical specifically upheld Leicester's "minimal visual impact" Zoning Americas Cities"a chapter in Herirage's Priorities for the President,as part of the N&y 15,2002:"The Craft ofArdutectut=Making it Beau"'
wires runningthrough it approximately 1000 feet from the By-law found that evidence Taubman Center Fall Speaker Series. 12:,V pm,Graduate School of Design,boom
roe g pp y yaw an at there was sufficient ence in t Ron Ostberg>AIA,speaks on the importance of craft in design as part of the
water district property. There also were two residential sub- record to support the boards conclusion that if the tower did 318,Cambridge. Boston Society ofArchitect's"Exploring Desigri'I ecnare Series. Free. Boston
divisions in various stages of completion located in the not comply with Leicester's minimal visual impact by-law, a November&WorldTown Planning Day 1'„blic Library,6:00p.m. info:617-951-1433 x221 or wwwanbitecus.org.
immediate vicinity of the proposed tower. The tower would special permit could be denied. In a clear message to munici- Schedule an APA Chapter andlor planning agency event in The vicinity of
November 8-Open House,Lecttues,Exhibits,and Seminars-open to the public
be located approximately 360 feet from an elementary school, palities, the First Circuit held as follows: and all publicised as World'fown Planning Day events. AICP has made available
700 feet from a high school, and 1350 feet from a middle "The five limitations upon local authority in the TCA several items to assisr planners in the U.S.to Mcbrare November,4 as World"Town
school. Due to the site's proximity to Worcester Airport, o not state or imply that t e I CA PreVCnt (,ttnrcr a,- Planning Day. More info at:www.pLuwitig.org/abraicp/wodd.htni
ties tom exercisin their traditional prerogative to
Southwestern Bel.l's consultant indicated that the FAA likely — g P P - November 9:Managing Megalrrojeets
Would require the tower to be painted in contrasting sections
restrict and coniroi cave o`f pment based upon aest etic ames Roane Director of Capital Pro s Boston Convention and Exhibition
consr erat,ons,solongas t ore u menu o not mask, J y' p �'
Center,formerly chiefnf staff to Boston MayorThon7as Menirna and CFO of the
of red and white and be topped by at least one beacon to 1 ight for exam e,a e acty ro i ition ot E ersonal wireless ArreryfTannel project.Co-Sponsored by the Rappaport Institute for Greater Boston
the tower at night. Although,the police, Fire and emergency services .ee e enter v. ot I)etalield. as parr of rhe'Tauhn an Center Fall Speaker Series. 12:30 ptn,Graduate School of
medical service departments were all in favor of the tower, 891 7th Cir. 1999 ,"^ Design,Room 318,Cambridge.
there was significant public opposition to its proposed The Leicester Zoning Board of Appeals fairly made an November 13-15: BuiidBaswn
location. Ultimately, the Zoning Board of Appeals unani- aesthetic judgment about the impact of this cell tower, Over 350 exhibits;an expanded Technology Center(with software demos every
mously voted to deny the application., listing three areas where without having to justify that judgment by using any eco- half hour);Design Gallery teanrring the award-winning designs from the BSA's,AIA
tiomic or other quantifiable impact as the basis for its deci- New York's,and AIA New England's 2001 design awards programs;nialydy co&rail
it concluded that the proposed Tower would not comply with cl P receptions;and scores of new products. Wodd'Fmde Ccntrr,Boston. nfo:
Leicester's "Zoning By-laws. First, it did not satisfy the criteria sion.While the Court did note that such aesthetic judgments wwwbuildboston.com.
of"minimum visual impact" Zoning By-law; second, it would must be grounded in the specifics of a particular case, it found
be an attractive nuisance,since it was located near schools; that these facts justified such a special permit denial by the
and third, there would be an adverse effect on property values Leicester Zoning Board of Appeals,
due to the location of the tower and close proximately to the The First Circuit concluded that reasonable minds would
two residential subdivisions. find adequate evidentiary support for the denial of Southwest-
New England Planning/4 September 2001 1 13
DI R FCTO-R '
38 ct street 19 west 21 street
tzostonan,M[Tta 42111 anew y0rk,ny 10410 Land t7ae law 375 Totten Pond Rd.
1617)482.7080 (21216AS-9031 Nominations for 2002 AICP National
fax(617)482-7, fax(2121 645.7940 Envimnmental Law Waltham,Massachusetts 4245I
Mediation 781 294 0505 Historic Planning Landmarks and
web site rift./tvoim.hshassm.com./tvoim.hshassm.com Consensus awttdU% FAX 781 290 5850
Pioneers Awards
AICP announces the process for awarding the 2002 AICP To be considered as a proposed planning pioneer, some-
howard/stein-hudson associates, Inc. National Historic Planning Landmarks and Pioneer Award. one should have:
transportation planning/engineerfng Ed itb M. Netter NS Associates, P.C'. The Planning Landmarks Program was established in 1986. (a) Made personal and direct innovations in American
public Involvement The awards are designated in two categories;one for planning planning that have significantly and positively
downtown circulation and parking significant events}lans and s j ro landmarks ( ects/ i and one for redirected,(or created models for the future),planning
transitstudlevmalor investment studies P P g practice,education, theory organization with ion
traffic calming Edith M.Netter,Esq. planning pioneers in three areas: planning practice, theory/ P Y or or g g-
transportatfont7and use literature, and citizen participation. A total of 6 awards may term beneficial results through Planning Practice,
be made, commonly three landmarks and three pioneers. Theory/Literature,or Citizen Participation(Any one
tot Walnut Street Planning Policy & To be considered as proposed planning landmark it or more will suffice).
Post Office Box 9151
Had such impacts on a national scale.
Watertown,Massachusetts 02272
Der�el naent Consultants should be: (b)
6179241770 1. {a}A pioneering work, (a documented "first"}; (c) Made such contributions more than 25 years ago.
■Community Planning (b) Historically significant; unique; outstanding; The awards will be presented at the 2002 APA/AICP
Master Planning
Vanangensse Ha Brustltra,Inc. ■Tourism Strategies (c}An initiationrlatian of a new direction in planning that National Ca erence in Chicago, IL (April 13 - 17, 2002).
Development Feasibility Studies . , was followed by others; or A Jury, appointed by the AICP President,will review the
Trans ■Growth Management (d) Something with an impact on American .Planning, Proposals received and make the selections. To receive an
portaSion Planning r- • .. - application packer lease contact Tim Akers at the AICP
Environmental Impact Analysis ■Economic Development cities or regions over a broad range of tithe and/or PP P' P
and Permitting space. office in Washington (202 $72-0611 or takersC�planning.org.)
Public Participation .. 171 Main Street,Ashland,MA 01721 2. Is this Landmark of NATIONAL significance? Please remember that all applications must be received
Comprehensive Plans (548)881-9533■1 Ax(?ds)8s13177 3. Is it available for public use and viewing? complete in every detail in the Washington office by October
4. Is it at least 25 years old? ( 1977 or earlier) 5, 2001 to be considered.
GDA Connery Abend Associates
Leaders m GIS-based regional pla><mg and design Traffic&Transportation Planning Services
meat at the federal level. Reps. Ron Kind (D-WI),Wayne rural regional planning. Section 613 of the rural development
o Zoning Analysis o Feasibility Studies Gilchrest (R-MD), and Sherwood Boehlert (R-NY) are title of H.R. 2646 provides $15 per year for strategic plan
v Sustainable Development o Community Design Michael R. Abend planning to offer a substitute for the flawed conservation title development and implementation. The program would be
a Facility Siting o Regional GIS of the farm bill that was passed by the House Agriculture limited.to 10 states and seeks to provide capacity building
o Maps a data on CD-ROM,New England states Committee. The substitute is based on H.R. 2375 previously resources for planning in rural areas.
2fi5 Winn Street FAX 273-3053
introduced by Reps. Kind, Gilchrest and Boehlert with more APA applauded the inclusion of a planning assistance
14 Parker Street ph.: 617-665-$130 (781)273-5383 in the legislation but is pressing for numerous
p than 130 cosponsors. The substitute is an important apportu- Program � on P g
Melrose MA 02176 fax: 617-665-5$64 ni art vol incentive-based farmland conserva-
tion improvements to the House Committee approved language.
Burlington, MA 01803-2616 mikeabend0aol.com tY to support voluntary,
programs, contain sprawling development, improve water APA plans to support an anticipated amendment on the
Da for Land use and 1Mas rPimning quality and enhance wildlife habitat. The Kind-Boehlert- House floor from Rep. Eva Clayton (D-NC) to give the
Y Enrirontnentai Documentation Section 613 program additional funding and expanded
Consulting PARSONStransportation Planning Gil chrest amendment would triple federal agricultural conser-
Group Pwmitdnm vation and environmental spending to $6 billion a year. In eligibility to create a stational competitive grant program. The
MUAPubiis Partidpatfon Clayton amendment would increase planning funding to
Inc. �-----fig y.�a��y�i��, particular,the Kind-Gilchrest-Boehlert amendment (H.R.
S t:R v i C r s 2375) will promote smart growth by preserving farmland by $42.75 million per year. Additionally,APA is working with
Engineers A iFun Sovke Planning and Efthmed"Firm Senate staff On improving the House language to further
Surveyors AsdWft our stew Evou"glands from of =In providing$500 million per year,which can be matched by
Community Matter Planning ftstmr RwAdm*Mand>�and support regional coin rellensive planning. The Senate
Scienfisl5 `°����
states, for loco[and private conservation easements amounting Pp g P p g
Planners Site Design&Engineering to $1 billion per year. The measure also provides $2 billion in Agriculture Committee begins consideration,of its version of
Architects
Environmental Consu&in Jeffrey c.Milder
Architects g P y P the Farm Bill this month.
b7aaager of Planning Services annual funding for agricultural non-point source pollution .
Open space&Natural Rewurce Planning tea Forbes Road abatement and preserves 250,000 acres per year of wetlands Rep. Clayton has noted that funding for planning activi-
MEPA/trticic 80 Permitting ■r9latree mA 02184 ties is critical to ensuring that the maximum return is realized
TeF.7ti1.849.7978 Ext.235 through.the Wetlands Reserve Progam.The measure will
Fax:781.849.0096 increase federal agricultural spending in most congressional on other investments in rural development and conservation
Web:--Aaylonmm
districts, and funding will be more equitably distributed programs. The funding for capacity building, Plan develop-
TTTTT merit and implementation,and technical assistance is essential
g planner,orvwtlz'Management among states and localities than under the House Committee. P
Karl F. Seidman Consultin Services XwtrowngTMt�t bill,which channels the majority of federal assistance to a to integrating complex programs and helping rural regions-as
Economic Development Finance Real Estate �pm n t1D11 handful of states. The amendment does not add new funding well as their suburban neighbors-achieve their own vision of
EICRL�me'<3.'ts—L T�014 smart growth.
47 to the bill but redirects resources from selected commodity
Economic Development Strategies Market Analysis Plrodua tions �,,,a With the Farm hill's provisions for[and conversation and
programs into conservation activities. If the Kind-Gilchrest-
Economic &Fiscal impact Analysis Program Design cwnprehensive video p>roducd(m Enoneeing regional planning,the treasure is an important opportunity
Boehlert amendment fails, larger subsidies will go to large,
Feasibility Studies & Evaluation sect m for the fields of Tomb= corporate farms, while small and medium-sized farms and not just for rural America but also suburban areas concerned
Implementation&Action Plans Project Financing about sprawl. Traditional Farm Bill politics have focused on
leetttres,aerial vidaogity,itiiti lengt8+pr+agramming,site tturvtrga rural open space will continue to disappear.
USINQ VIDEO As AN EDt71'ATIQNA1. TOOL Planx�ing The bill approved by the House Agriculture creating and expanding giant crop subsidy programs that
P.Q.SOX 425575 KENDALL SQUARE disproportionately benefit giant agri-business. The efforts
CAMBR[DGE,MA 02142 �. awl 41$587.$Y18 Committee contained a$150 million pilot program aimed at
617-253-3964 FAX:617-253-2654 a-mail:seidman@mit.edu reeUtiBevalinot.ct in Continued an page 6
WWvv.ree1 t mdu&dotl" m September 200113
New England Planning 114
0 Ah —
.�� 9W
— .
T H E The Trust for Public Land(TPL),a
TRUST national)and conservation organization, McGregor td Associates,P.C.
60 Teranpte Plaoc,Suifp 410 .MA 0111
Tom Broddrick,AICI,APA-MA President functions as a risk-taker,problem-solver� � F O R p (617)335-6464 Fsur(617}738-0737
which links you to all 46 Chapters. Check out PUBLIC and catalyst for public acquisition of w NN�iY.r w-com
By the time you receive this Newsletter, the MAPA ; over a.or will find a wealth of informa-
TPL has comple
P g Y LAND open space. ted
Chapter Election results will be in. Winners will have been www.massa ,I believe you i.oa1 Bylaw, °Od Ralph R.Wilinner,AICP
tion to keep you informed. 100 projects across New England, Regulatory Revisions Dkeewofg0 "
Mming
declared and you can contact me to know who are your new I continue to represent planning directors on the preserving our regions natural and of wdkmumpment E' 011 26
Chapter Officers. I hope you took advantage of voting for Governor's Special Commission on Barriers to Housing cultural integrity.For more information, o asp=l�nins m-�em
your officers, as this is one way that the Board of Directors has Development as a participant in the Commission's Zoning NEW NA LAND contact Peter Forbes,Regional Manager EnvitvranentMInweotanatysis Ezra Glenn
of sensing support for its work on your behalf. With over 850 FouRTH FIooR �t� ear; attrt�
Sub Committee and on behalf of the Chapter sent in a aosroN,Mno 108 at(617)367-6200. EnvimemmtslaadLudUNLAW Exwwiat: is
members in the Chapter and a history of only a small percent- i°';�,,,6;'676;6°E wwoolf.eant
age of members returning ballots, it is Frustrating to think that minority report at the last meeting of the full Commission. I
again ant planning to write a more lengthy report and will
only a few of you really supported the work of Board enough �
to weigh in b casting a ballot in support. So thank you to share what I know with you if you simply email me at Historic Preservation Planning
g Y g PP y broadrickgtown.duxbury.ma.us. Downtown/Waterfront Planning
please, two yearss from now take the 15 minutes it takes to fill
those who did, appreciate it. And to those who didn't, Finally, several members of your Board of Directors will ELI 0 My
Preservation/Mitigation Consulting Cif View/TowtiView
� -
be attending the Planners Day on Capitol Hill„ in Washing- Renovation/Restoration/New Design P.O.Box 72 Boston,MA 02118 U.S.A. (617)462-7458
out and mail the ballot. Your vote counts! ton, D.0 in conjunction with the APA Fall Leadership Feasibility Studies
Please note that the Annual Conference is slated for meetings. Please let me know if there are any specific issues HABSIHAER Documentation HyperMappirlgTMSoftware
October 4 and 5 in Lowell and our volunteer coordinators" you want me to know about. I will be leaving September 26
(AKA the Board of Directors!) can always use an extra helping McGinley Hart & Associates The Front-End to GIS
so email me soon I will share them with the other members Windows version available early 1996
hand. if you are interested in helping give any Board Member Architects & Preservation Planners
or me a call. You will find our contact info on the back cover of the Board for discussion,
Remember the Massachusetts Chapter of the American 77 North Washington Street customized system design
of this Newsletter and on the web at www.massapa.org. planning Association is here to help you"Make Great Cam- Boston, Massachusetts 02114 gyp (linking)technology usin h crmedia
Again, I invite you to visit our Website and I recommend to make your G15 more accessible
Y munities Happen'! (617}227-2932 Fax:{617}22?-8315
you take a look now to see the link to the National website, My email address is: broadrick@town.duxbury.ma.us il]?CdOiflOUgl~) 8t SCUIIy, inc.
WASHINGTON UPDATE Fconotnic Research and Management Consultants travel demand management studies
long range transportation planning
Brownfields Bill Set for Final Passage intermodat l 1�°tfotlon systems
� remove legal obstacles to development. Returning brownfield • Tourism/visitor Attractions . Market studies sportafion •traffic reviews
Most observers feared that brownfields legislation was . Heritage Areas . Concept Development transportation funding •highway design
g sites to productive reuse is essential to in-fill development g p p •
once again doomed to legislative limbo. After the Senate • waterfront Plans • Financial Feasibilit condor planning
computer simulation
g g strategies and promoting the revitalization of urban communi- y travel surveys •parking master plans
approved a consensus compromise bill, S. 350, by a 99-0 vote, ties. • Economic Development • Economic Impacts •traffic signal operations
action in the House had stalled over provisions regarding the • Real Estate • Project Implementation •transportation research
p g g The bill provides $250 million for state site inspection • intersection safety studies
U.S. Environmental Protection Agency's ability to reassert • bicycle/pedestrian planning
Y and rerrlediation.The measure also offers liability reforms 24 Thomdike street Phone: (617)576-5g00
authority over state-certified brownfield sites. But, interven- needed to provide communities, innocent parties and poten- Cambridge,MA 02141 FAX: (617)547-0102
tion by the Bush Administration and House Speaker Dennis tial investors with protection necessary for redevelopment to Email:otjm n consulteeon.com www.consultecon.eom natiek,massachusetts hyannis,massochusetts
Hastert(R-I1,) late last week led to an unexpected agreement occur. Under the Senate bill,states assume a key role in clean- SM-647 0300 508 862 6300
to push the Senate version to an expedited floor vote this up and site certification, however the bill does allow EPA to PLANNING URBAN DESIGN LANDSCAPE ARCHITECTURE
week. require additional cleanup action at a site if it determines a he S ar -( s
The provisions o£S. 350 will be attached to a bill intro- CIVIL ENGINEERING ARCHITECTURE INTERIOR DESIGN
P release or threatened release of toxic waste may present an avi r0>C11�ieli`t� j ,
duced by Speaker Hastert(H.R. 1831) designed to limit imminent and substantial endangerment to public health or �' L
su erfund liability ofsmall businesses that contributed only P t3' y welfare of the environment"and additional work is necessary
small amounts of waste to a site, The House will consider the to prevent or mitigate the release; or, EPA determines infor- • �• sty t R.Merriam,AICP Stuart R.trA-
combined bill under a suspension of the rules vote (requiring ePust66 Place 280Tq,a+6u1l Street r nm6A Centro
P ( tI g mation previously unavailable shows contamination or other MAbZl &"04 Enartkr3.CT66103.3597 n0.8-10305
a 2/3s majority) later this week. The bill could be on Presi- conditions at a site present a threat requiring additional work W blo.WAIAL 762z67e �s
aop-az63579 S`a�u€ord,Cr 059d4-
dent BusNs desk by the end of the month, to protect public health or the environment. Regardless of the soo-76z ze -
The compromise was sealed when Speaker Hastert and reason, EPA is required to consult with state officials in _ 11 w aom
the White House convinced House Energyand Commerce Watertown MA 617926 3300 San Francisco CA 415 776 7272 Q Pj N Q & C Q
determining when new information about a site presents a a•te >P
Subcommittee on the Environment and Hazardous Materials www.sasoki_com •rtsa a ,+amrnrG p+•••w,�„. •w r
threat to human health and the environment. :�
Chairman Paul Gillmor (R-OH) to accept the EPA finality
language contained in the Senate bill. Brownfields reform has Farm Bill Holds Promise for Platlriers and COMMONWEALTH RESEARCH GROUP, INC
...
been among the top environmental priorities of the Bush Smart Growth CONSULTING ECONOMISTS Planning,Policy,Eta
'�Cyrp1[�i Facalilalio>B
Administration datingback to last fall's campaign. Pressure
As the House moves toward expected consideration of the
from the Administration was critical to overcoming the House massive ten-year reauthorization of the nation's farm commod- • Cost of Community Services Studies
impasse. The agreement paving the way for final passage of S. ity, rural development and agriculture land conservation • Fiscal Impact Analyses of Alternative Land Uses
350 was immediately hailed by a wide of array of lawmakers programs this week,planners and smart growth advocates are • Economic Development Analyses&Plans Jeanne Armstrong, MLA
and organizations.g pressing for modifications that promise historic assistance for • Economic Impacts of Growth President
AI A and other smart growth advocacy groups had long land conservation and rural planning efforts. Assessments of Alternative Growth Plans
pressed for approval of S. 350. The bill will provide needed Consgryation The 2001 Farm Bill is an absolutely critical
resources for brownfield site evaluation and remediation and opportunity to support smart growth and growth manage- • ' P.O.Bux s17,Hartley n4A 01035-0317
Post Office Box 7,Brookline,MA 02446 INCORPORATED (413) .549-5353 ■ FAX(413) 549-1842
New England Planning 12 617-979-3151 fax:617-879-3390 catrlresearcharen.com
September 2001/15
Ezra Glenn,APA Newsletter Editor
NEW ENGLAND
c/o McGregor&Associates
60 Temple Place Suite 410
Boston MA 42111PLANNING
Address Changes:See Info Box Below
Massachusetts Chapter & Rhode Island Chapter
• S EPTEMBER
Debmh Dad= SEP 20o1 2 0 0 1 New England Planning welcomes the following new members
Town of Agawam ping&Cmty bevofG. a` = IN TkUS LSSUE of AICP:
36 min Stt Colin McNiece
Agawam MA 01001-1825 " l * �j Massachusetts David Mohler
• Comments / 2 Juris G.Alksnitis Jessica PM Pineo
• Washington Michael R.Bachstein Daphne Z.Politis
Update / 2 Diane Beecham Christopher Michael Reilly
•
New England Planning is printed on recycled paper. Planning Land- Jean M.Bubon Brent Ryan
NATIONAL&CHAPTER OFFICERS marks & Pio- Jennifer A.Conley Denise Sullivan
NEW ENGLAND PLANNING Thomas Devaney Laurie P.Tarr
Ralph Willmar,AICP
veers / 3
Region I Director t617) 338-6464 NEWSLFTF1 R INFORMATION • Legal Affairs /4 David A.Fields Gregory Paul Watson
Robert P.Mitchell,AICP Changes of Address:New England Planning does not maintain F,lizabeth Poe Foster John C.Weston
AICP Region 1 Commissioner (413)256-4040 address lists. All lists are maintained at the national office and • Beacon Hill / 5 Rachel Neilson Gakenheimer
RHODE ISLAND CHAPTER mailed to local chapters each month" If you have moved,write: • New Hope for node Island
Thom I1eller Irene Hauzar ,
Membership Department,APA National Headquarters, 122 S. Lynn M.Furn
President (401)751-5566 Big Boxes / S Bruce Lawrence Kaplan Y eY
Michigan Ave„Suite 1G00,Chicago, 60603-6107. Patricia A-Nickles
Ieanne Boyle Resources / 9 Jeffrey R.Lacy
Immediate Past President (401)435-7531 Employment Ads: Employment and jobs wanted ads a re$25.00 • effre C.Lin Arnold Norman Robinson
Marilyn Cohen r listing,which includes the newsletter and posting on the MAPA Planning in the J Y
Vice President (401)294-3331 g P g News / 10 William Francis Lyons Samuel J.Shamoon
Diane Feather,AICP website. Send copy to the newsletter editor(email preferred)with a Patricia McClo Douglas S.Wolf
Vice Pres,forProf.'Development (401)435-7532 name and billing address. • Employment I Y o
Jared Rhodes Massachusetts and Rhode.Island planners passed at a rate of 83/o, above the national pass
Consultant Directory: Rates are$35.00 per business card listing 12 Secretary (401)461-1000
Derwent Riding (one month)or$350.00 for an annual listing{ten issues}. Send Calendar/ 13 rate of 75%.
Treasurer (401) 785-9836 business card or camera ready copy(2.33"x 1.4")to the editor. • Consultant
Howard Foster,AICP Membership Information: APA National Headquarters,122 S. Director / 14- Preventin I-495 West from Becoming a Victim of
Chapter Historian (401) 792-2248 3' g g
Michigan16
Susan Lynch Ave.,Suite 00,Chicago, 60603-6107;(312)431- 15W
URI Student Representative (401) 874-2248 9100. Its Own Success
MASSACHUSETTS CHAPTER Questions: Please try to call the appropriate chapter officer(see — William H. Newton,AICP
Thomas A,Broadrick,AICP Executive Director, Central Massachusetts Regional
President (781)934-1 1 14 panel on left far contact info). $1
Robert P.Mitchell],AICP Back Issues, For copies of back issues,contact the Administrative Planning Commission
Immediate Past President (413 256-4040 C 1 PC An examination of the GIS buildouts, completed
) Office at(617)287-5607. p
Peter Lowitt,AICP by the RPAs now for just about every city and town in
Vice President for Chapter Affairs (978)772-8831 013 Internet: National,www41m ing.oru;MAPA,www.massapaore; ����
Stephen M.Costello,AICP RIAPA,www�_ rt'ana the Commonwealth, confirms the notion that eco-
Vrce Pres.for Prof.Development (781)762-1240 nomic development continues to flourish within major
Subnvssions: We welcome articles,letters to the editor,photos, Cours.
Lyn Billman-Golemme,AICP transportation corridors.Job creating industries, like
Vice Pres.for Legislation &Policy (508) 799-0500 calendar items,project profiles,etc. Please do not hesitate to send
Jack Wiggin,AICP anything you think of interest,or query editor to discuss an idea. Schedule information technology, are attracted to highway routes
Treasurer 617 287-5510 for one reason and one reason only: access. Indeed,of
{ ) We may need to edit due to space limitations. If possible,please Y�
Jeff Levine,AICP send electronic version in txt format via email or disk. See... all economic activity that takes place here, industry is
Boston Region Representative (617)625-6600 x2520
the keygenerator of traffic and the single largest user
Karen Nelson Calendar Listings: Please send listings in calendar formal(sec T g g g
Northeast Region Representative 978 777-0001 x3019 IllSer of public water supplies and waste disposal systems.
,� p { ) inside this issue}. p pp P �
Jean Christensen And though operation of these infrastructure services
Southeast Region Representative (617)837-0665 Send Items to:Ezra Glenn,APA Newsletter Editor,clo McGregor g p
Glenn Garber,AICP &Associates,60 Temple Place,Boston,MA 02111.Phone:(617) can quickly become strained by more and more
Central Region Representative (781) 862-0500 x246 338-6464 x18;Fax:(617)338-0737;Email: growth, the jobs, income and tax benefits produced by
Wayne Feiden,AICP eelenn@mcgregorlaw.com business development are thought to far outweigh the
Western Region Representative (413) 587-1265 Charles Greenough MAPA Administrative Office: Dennis Leigh,Urban Harbors negatives—or do they?. The line between smart, .
Planning Board Representative (50S)935-6437 Institute,University of Mass Boston,100 Morrissey Blvd., Published by the sustainable growth and over-development is thin and
Ezra Glenn Boston,MA 02125-3393, Phone:(617)287-5607;email: Massachusetts and quite permeable.
Newsletter Editor (617) 338-6464 x18 m•. @u nb.edu A time] example of where this issue has reached
Diane Gray,AICP Rhode Island Chapters Y p .
Transportation Committee Chair (617)757-8500 INFORMATION FOR THE OCTOBER ISSUE of the American a crucial stage is the I-495 west corridor, essentially its
Justin Hollander IS DUE NO LATER THAN Planning midsection between Route 225/2A on the north and
Planning Student Representative (617) 232-7035 ng Association I-95 to the south (see map). Here, 43 cities and towns f-495as irpasses between metrowest(right)and central
Lynn Duncan WEDNESDAY,SEPTEMBER 26,2001 Mass4rbusetts(left)
MAPD Representative (978)658-8238 Continued on page 1 t
New England Planning/16
FA AGAWAM FIRE DEPAR ENT v
800 MAIN STREET * AGAWAM,MA 01001. QE Fl
.. TELEPHONE (413) 786-0657
FAX(413) 786-1241
David A. Pisano Chief of Department
Stephen M.Martin Deputy Chief FIRES
Planning Office 2/6/02
Agawam City Council
Re: Cell Towers
0
Dear Ms. Dachos ,Council President and Council Members
Over the last few months discussion with regards to cell towers seems to have centered around
set back and height. This office would like to take this opportunity to inject some of our concerns
with cell towers. In the past, cell towers have been placed with disregard to Fire Department
requests. Case in point, A cell tower with generator installed at old Channel 22 with no permits
or licenses for fuel storage. This was addressed in a plan review dated 1/20/00 and ignored.
Another concern is access to these structures, by code a paved road capable of carrying the
heaviest fire truck at least (18) feet wide and with(14) feet clearance over head must be
constructed. These concerns along with the new regulations regarding Stand by Power systems,
527 C.M.R. 27 and N.F.P.A. 110 should be addressed in some fashion during this rewrite of the
City Code. [see att.]
If any Councilors or Planning Board members have any questions about this or any subject please
feel free to contact me at any time.
Respectfully Submitted
Fire Inspector M.Mercadante
Cc:Mayor's Office
f FEB 5
PLA"!
. a
r
c�T '
&MW&M 9F"V/Py e94
SP 9 S&Z'025—C-%& Roam
JANE SWIFT COAN
GOVERNOR �� [�YLQQ6dCR[lGd 6 O'775 STATETE FN E STEPHEN M.,ARSENAL
JAMES P.JAJUGA (978)567^-.3'00 C ;a (978)567-3-121' THOMAS P.LEONARD
SECRETARY Dmury STATE FREE MARSHAL
MEMORANDUM
To: Heads of Fire Departments
From: Stephen D. Coan am!!E'
State Fire Marshal
Date: November 27,2001
Subject: 527 CMR 27 Emergency and Standby Power Systems
Please note that effective October 26, 2001 the Board of Fire Prevention Regulations has
adopted by reference the 1996 Edition of NFPA 110 as 527 CMR 27, Emergency and
Standby Power Systems. Please insert the enclosed sheets to your copy of 527 CMR.
Enforcement of this section could be multi jurisdictional as building, electric, and fire
officials will have concerns relating to the installation of an emergency power system. All
local officials should work together to ensure compliance. In adopting NFPA 110 as 527
CMR 27, the BFPR does not intend to limit the choices for an emergency or standby power
system to those covered by NFPA 110.
If you have any questions please contact the Code Compliance and Enforcement Unit at
978-567-3300 or in Western Massachusetts at 413-587-3181.
Town of Agawam
' 36 Main Street Agawam, Massachusetts 01061-1837
Tel. 41.3-786-0400 Fax 413-786-9927
December 27, 2001
Gina M. Letellier,President
Robert M. Young, Vice President
George Bitzas,Councilor
Ruth Bitzas, Councilor -
Anthony Bonavita, Councilor
Lowell P. McLane, Councilor "
Joseph Mineo, Councilor
Richard Morassi, Councilor
John Negrucci, Councilor
Dennis Perry, Councilor
Jill Simpson, Councilor w
Agawam Town Council
36 Main Street
Agawam, MA 01001
Dear Councilors:
At its duly called meeting held on December 20,2001, the Agawam Planning Board voted.to send
a positive recommendation to the Town Council in support of the attached proposed amendments
to Chapter 180, Section 180-97 of the Personal Wireless Service Facilities Ordinance. The Planning
Board's vote included one change to the attached amendments. The change is to Section K(i)which
the Board asks to be changed to read:
(I) to any property line and/or street, shall be a minimum of the height of the
facility/mount,including any antennas or appurtenarces plus the applicable setback
on the adjacent lot.
If you have any questions, please contact the Planning Office at 786-0400, extension 283.
Sincer ly,
Charles R. Calabrese, Chairman
Agawam Planning Board
cc: Clerk, Solicitor
L�
TOR 2001-7
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM
ARTICLE XIV, ENTITLED PERSONAL WIRELESS SERVICE FACILITIES AND w
TOWERS, CHAPTER 180 § 180-97
(Agawam Planning Board)
WHEREAS, Article XIV of Chapter 180 of the Town Code of Agawam,
an ordinance entitled Personal Wireless Service Facilities and Towers, was
enacted by the Town of Agawam in 1998; and
WHEREAS, since the enactment of Article XIV of Chapter 180 of the
Town Code of Agawam, several situations involving the enforcement of said
ordinance have been presented to the Agawam Planning Board and the Building
Department which need be addressed; and
WHEREAS, the literal enforcement and effect of Chapter 180 § 180
97 (K) of said ordinance as enacted may have the effect of prohibiting wireless
services in violation of the Telecommunications Act of 1996; and
WHEREAS, the Planning Board voted to be the petitioners of this proposed
zoning ordinance amendment in its desire to have the situations addressed in the
best interest of the Town of Agawam; and
WHEREAS, it is in the best interest of the Town of Agawam to amend
Article XIV Chapter 180 § 180-97 (K) of the Town Code of Agawam by deleting
the existing language and adding the revised (K) as set forth below; and
WHEREAS, it is in the best interest of the Town of Agawam to amend
Article XIV Chapter 180 § 180-97 by adding subsection (0) as set forth below;
NOW THEREFORE, BE IT RESOLVED AND ENACTED by the Agawam
Town Council that Article XIV Chapter 180 § 180-97(K) of the Code of the Town
of Agawam is amended to read as follows:
K. In order to ensure public safety, the minimum distance from the base
of a telecommunications tower
(i) to any property line and/or street, shall be a minimum of the
height of the facility/mount, including any antennas or
appurtenances;
(ii) to all structures on adjacent lots shall be at least 375 feet; and
(iii) to all publicly owned parks and playgrounds shall be at least
375 feet.
As used herein, "publicly owned parks" shall not include any
municipal golf course. If, however, the applicant demonstrates to the
Special Permit Granting Authority that due to any combination of
factors relating to the land, such as topographic conditions, terrain,
wetlands, vegetative cover and other existing improvements, a
reduced setback is necessary, the Special Permit Granting Authority
may reduce the setback requirement to not less than 200 feet,
subject to a finding that the reduced setback will not result in a
material and unreasonable safety hazard.
And, that Article XIV Chapter 180 § 180-97 of the Code of the Town of Agawam
is amended by adding subsection O, to read as follows:
O. A different existing structure or use on the same lot shall not
preclude the construction and installation of a wireless
telecommunications facility on such lot. If a tower and its equipment
buildings are the sole use of the lot, the tower shall be deemed to
be the principal use, otherwise, the use shall be considered
accessory.
Dated this day of 72001.
PER ORDER OF THE AGAWAM TOWN COUNCIL
Gina M. Leteilier, President
APPROVED AS TO FORM AND LEGALITY
Thomas S. Locke, City Solicitor
Town of Agawam
1
36 Main Street Agawam, Massachusetts 01001-1837
D p � Tel. 413-786-0400 Fax 413-786-9927
December 27, 2001
Gina M. Letellier, President
Robert M. Young, Vice President
George Bitzas, Councilor
Ruth Bitzas, Councilor
Anthony Bonavita, Councilor
Lowell P. McLane, Councilor
Joseph Mineo, Councilor
Richard Morassi, Councilor
John Negrucci, Councilor
Dennis Perry, Councilor
Jill Simpson, Councilor
Agawam Town Council
36 Main Street
Agawam, MA 01001
Dear Councilors:
At its duly called meeting held on December 20, 2001, the Agawam Planning Board voted.to send
a positive recommendation to the Town Council in support of the attached proposed amendments
to Chapter 180, Section 180-97 of the Personal Wireless Service Facilities Ordinance. The Planning
Board's vote included one change to the attached amendments. The change is to Section K(i)which
the Board asks to be changed to read:
(I) to any property line and/or street, shall be a minimum of the height of the
facility/mount,including any antennas or appurtenances plus the applicable setback
on the adjacent lot.
If you have any questions, please contact the Planning Office at 786-0400, extension 283.
SMIL
1�aav-1
Charles R. Calabrese, Chairman
Agawam Planning Board
cc: Clerk, Solicitor
F
5
TOR-2001-7
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM
ARTICLE XIV, ENTITLED PERSONAL WIRELESS SERVICE FACILITIES AND
TOWERS, CHAPTER 180 § 180-97
(Agawam Planning Board)
WHEREAS, Article XIV of Chapter 180 of the Town Code of Agawam,
an ordinance entitled Personal Wireless Service Facilities and Towers, was
enacted by the Town of Agawam in 1998; and
WHEREAS, since the enactment of Article XIV of Chapter 180 of the
Town Code of Agawam, several situations involving the enforcement of said
ordinance have been presented to the Agawam Planning Board and the Building
Department which need be addressed; and
WHEREAS, the literal enforcement and effect of Chapter 180 § 180
97 (K) of said ordinance as enacted may have the effect of prohibiting wireless
services in violation of the Telecommunications Act of 1996; and
WHEREAS, the Planning Board voted to be the petitioners of this proposed
zoning ordinance amendment in its desire to have the situations addressed in the
best interest of the Town of Agawam; and
WHEREAS, it is in the best interest of the Town of Agawam to amend
Article XIV Chapter 180 § 180-97 (K) of the Town Code of Agawam by deleting
the existing language and adding the revised (K) as set forth below; and
WHEREAS, it is in the best interest of the Town of Agawam to amend
Article XIV Chapter 180 § 180-97 by adding subsection (0) as set forth below;
NOW THEREFORE, BE IT RESOLVED AND ENACTED by the Agawam
Town Council that Article XIV Chapter 180 § 180-97(K) of the Code of the Town
of Agawam is amended to read as follows:
K. In order to ensure public safety, the minimum distance from the base
of a telecommunications tower
(i) to any property line and/or street, shall be a minimum of the
height of the facility/mount, including any antennas or
appurtenances;
(ii) to all structures on adjacent lots shall be at least 375 feet; and
(iii) to all publicly owned parks and playgrounds shall be at least
375 feet.
As used herein, "publicly owned parks" shall not include any
municipal golf course. If, however, the applicant demonstrates to the
Special Permit Granting Authority that due to any combination of
factors relating to the land, such as topographic conditions, terrain,
wetlands, vegetative cover and other existing improvements, a
reduced setback is necessary, the Special Permit Granting Authority
may reduce the setback requirement to not less than 200 feet,
subject to a finding that the reduced setback will not result in a
material and unreasonable safety hazard.
And, that Article XIV Chapter 180 § 180-97 of the Code of the Town of Agawam
is amended by adding subsection O, to read as follows:
O. A different existing structure or use on the same lot shall not
preclude the construction and installation of a wireless
telecommunications facility on such lot. If a tower and its equipment
buildings are the sole use of the lot, the tower shall be deemed to
be the principal use, otherwise, the use shall be considered
accessory.
Dated this _ _ day of _ 2001.
PER ORDER OF THE AGAWAM TOWN COUNCIL
Gina M. Letellier, President
APPROVED AS TO FORM AND LEGALITY
Thomas S. Locke, City Solicitor
TOR-2001-7
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM
ARTICLE XIV, ENTITLED PERSONAL WIRELESS SERVICE FACILITIES AND
TOWERS, CHAPTER 180 § 180-97
(Agawam Planning Board)
WHEREAS, Article XIV of Chapter 180 of the Town Code of Agawam,
an ordinance entitled Personal Wireless Service Facilities and Towers, was
enacted by the Town of Agawam in 1998; and
WHEREAS, since the enactment of Article XIV of Chapter 180 of the
Town Code of Agawam, several situations involving the enforcement of said
ordinance have been presented to the Agawam Planning Board and the Building
Department which need be addressed; and
WHEREAS, the literal enforcement and effect of Chapter 180 § 180
97 (K) of said ordinance as enacted may have the effect of prohibiting wireless
services in violation of the Telecommunications Act of 1995; and
WHEREAS, the Planning Board voted to be the petitioners of this proposed
zoning ordinance amendment in its desire to have the situations addressed in the
best interest of the Town of Agawam; and
WHEREAS, it is in the best interest of the Town of Agawam to amend
Article XIV Chapter 180 § 180-97 (K) of the Town Code of Agawam by deleting
the existing language and adding the revised (K) as set forth below; and
WHEREAS, it is in the best interest of the Town of Agawam to amend
Article XIV Chapter 180 § 180-97 by adding subsection (0) as set forth below;
NOW THEREFORE, BE IT RESOLVED AND ENACTED by the Agawam
Town Council that Article XIV Chapter 180 § 180-97(K) of the Code of the Town
of Agawam is amended to read as follows:
K. In order to ensure public safety, the minimum distance from the base
of a telecommunications tower
(i) to any property line and/or street, shall be a minimum of the
height of the facility/mount, including any antennas or
appurtenances;
(ii) to all structures on adjacent lots shall be at least 375 feet; and
(iii) to all publicly owned parks and playgrounds shall be at least
375 feet.
As used herein, "publicly owned parks" shall not include any
municipal golf course. If, however, the applicant demonstrates to the
Special Permit Granting,Authority that due to any combination of
factors relating to the land, such as topographic conditions, terrain,
wetlands, vegetative cover and other existing improvements, a
reduced setback is necessary, the Special Permit Granting Authority
may reduce the setback requirement to not less than 200 feet,
subject to a finding that the reduced setback will not result in a
material and unreasonable safety hazard.
And, that Article XIV Chapter 180 § 180-97 of the Code of the Town of Agawam
is amended by adding subsection O, to read as follows:
O. A different existing structure or use on the same lot shall not
preclude the construction and installation of a wireless
telecommunications facility on such lot. If a tower and its equipment
buildings are the sole use of the lot, the tower shall be deemed to
be the principal use, otherwise, the use shall be considered
accessory.
Dated this day of , 2001.
PER ORDER OF THE AGAWAM TOWN COUNCIL
Gina M. Letellier, President
APPROVED AS TO FORM AND LEGALITY
Thomas S. Locke, City Solicitor
December 13, 2001
LEGAL NOTICE LEGAL NOTICE
TOWN OF AGAWAM
PLANNING BOARD
The Agawam Planning Board will hold a public
hearing on Thursday, December 20, 2001 at 7:00
PM at the Faolin Peirce Community Room,
Agawam Police Station, 681 Springfield Street,
Feeding HiIls, MA. The purpose of this hearing
will be to hear the petition of the Agawam
Planning Board for a proposed amendment to the
Code of the Town of Agawam,Article XIV entitled
Personal Wireless Service Facilities and Towers,
Chapter 180 97 as follows:
To delete Section 180 97 K. .of. the .Zoning
Ordinance in Its entirety and substitute the fol-
lowing in its place:
K. In order to ensure public safety, the mini-
mum distance from the base of a telecommunica-
tions tower to (1) any property line and/or street,
shall be a minimum of the height of the
facility/mount,including any antennas or appurte-
nances;(K)all structures on adjacent lots shall be
at least 375 feet; and (iii)all publicly owned parks
and playgrounds shall be at least 375 feet. As
used herein, "publicly owned parks" shall not
include any municipal golf course. If, however,
the applicant demonstrates to the Special Permit
Granting Authority that due to any combination of
factors relating to the land, such as topographic
conditions, terrain, wetlands, vegetative cover
and other existing improvements, a reduced set-
back is necessary, the Special Permit Granting
Authority may reduce the setback requirement to
not less than 200 feet subject to finding that the
reduced setback will not result in a material and
unreasonable safety hazard.
To add Section 180-97 O. as follows:
O. A different existing structure or use on the
same lot shall not preclude the installation of a
wireless telecommunications facility on such lot
If a tower and its equipment buildings are the sole
use of the lot,the tower shall be deemed to be the
principal use, otherwise, the use shall be consid-
ered accessway.
A copy of the proposed zoning amendment 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:
Charles R, Calabrese, Chalrman
Agawam PlannhV Board
Published: December 13, 2001.
December 6, 2001
LEGAL NOTICE LEGAL NOTICE
TOWN OF AGAWAM
PLANNING BOARD
The Agawam Planning Board will hold a public
.hearing on Thursday, December 20, 2001 at 7:00
PM at the Faolin Peirce Community Room,
Agawam Police Station, 681 Springfield Street,
Feeding Hills, MA. The purpose of this hearing
will be to hear the petition of the Agawam
Planning Board for a proposed amendment to the
Code of the Town of Agawam,Article XIV entitled
Personal Wireless Service Facilities and Towers,
Chapter 180-97 as follows:
To delete Section 180-97 K. of the Zoning
Ordinance in its entirety and substitute the fol-
lowing in its place:
K. In order to ensure public safety, the mini-
mum distance from the base of a telecommunica-
tions tower to (1) any property line andlor street
shall, be a minimum of the height of the
facility/mount, including any antennas or appurte-
nances; (ii)all structures on adjacent lots shall be
at least 375 feet; and (iii) all publicly owned parks
and playgrounds shall be at least 375 feet. As
used herein, "publicly owned parks" shall not
include any municipal golf course. If, however,
the applicant demonstrates to the Special Permit
Granting Authority that due to any combination of
factors relating to the land, such as topographic
conditions, terrain, wetlands, vegetative cover
and other existing improvements, a reduced set-
back is necessary, the Special Permit Granting
Authority may reduce the setback requirement to
not less than 200 feet subject to finding that the
reduced setback will not result in a material and
unreasonable safety hazard.
To add Section 180-97 0. as follows:
O. A different existing structure or use on the
same lot shall not preclude the installation of a
wireless telecommunications facility on such lot.
If a tower and its equipment buildings are the sole
use of the lot,the tower shall be deemed to be the.
principal use, otherwise, the use shall be consid•
ered accessway.
A copy of the proposed zoning amendment 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:
Charles R. Calabrese, Chairman
Agawam Planning Board
Published: December 6, 2001
TOWN OF AGAWAM
PLANNING BOARD
The Agawam Planning Board will hold a public hearing on Thursday,December 20 , 2001 at 7 :0 0
PM at the Faolin Peirce Community Room,Agawam Police Station, 681 Springfield Street,
Feeding Hills,MA. The purpose of this hearing will be to hear the petition of the Agawam
Planning Board for a proposed amendment to the Code of the Town of Agawam,Article ITV
entitled Personal Wireless Service Facilities and Towers, Chapter 180-97 as follows:
r
To delete Section 180-97 K. of the Zoning ordinance in itpg
entirety and substitute the following in its place ;
tt. in order to eneure public safety, the minimum distance
from the base of a telecommunications tower to (i) aAy
property line and/or street, shall be a minimum of tl'ie
- --heig rt--c� -
appurtenances ; (ii) all structures on adjacent lots
shall be at ].east"375 feet; and (iii) all publicly Ln
owned parks and playgrounds shall be at least 375 feet . �
As used herein, "publicly owned parks" shall not
m include any municipal. golf course. If, however, the
applicant demonstrates to the Special Permit Granting
Authority that due to any combination of factors
relating to the land, such as- topographic conditions, !
terrain, wetlands, vegetative cover and other existing i
improvements, a reduced setback is necessary, the
Special Permit Granting Authority may reduce the
setback requirement to not less than 200 feet subject
to finding that the reduced setback will not result in
a material and unreasonable safety hazard.
To add Section 180-97 O. as follows : f
0. A different existing structure or use on the same
Sot shall not preclude the installation of a
wireless telecommunications facility on such. lot .
If a tower and its equipment buildings are the
sole use of the lot, the tower shall be deemed to I
be the principal use, otherwise, the use shall be
considered accessway.
A copy of the proposed zoning amendment can be obtained from the Agawam Planning Office
or the Agawam Town CIerles 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: '
Charles K Calabrese, Chairman
Agawam Planning Board
AD TO BE RUN 12/6/01 & 12/13/01
Tow' n .-Of A aw-am'
M Maim Street Agawam,Massachusetts 01001-1937
Tel. 4I3-78"400 . Fax 413-7 9927
Richard A. Cohen
Mayor FAX CO ER SKEET- .
Fax Number (413) 786-9927
. 7Cj �
DATE./ O IGENATING DEPT.
TO: AI
FROM:
Number of Pages Including Cover Sheet:
Comments:
Fax transmissions are solely for municipal purposes �
Any personal or political use prohibited by law. ` i
To:_Planning Board
From: Ursula Retzl er, Council Clerk
Subject.
Zone Change Amendment
Date: November 20, 2001
ZONE CHANGE AMENDMENT - Art. ��V ent3t}ed �er�ona7
Winless Service Facil,zt c �nri Tnw ri, Ch 1An-Q7_
Received from Planning Board by Council Clerk on 11120101.
Submitted to Planning Board by Council Clerk on 11/20/01.
` Item will appear under new business_ onn112/3/01 council
agenda to suggest public hearing to be held 12/17/01,
Planning Soard will hold. their public hearing oI1]1.
Planning Board Signature
M-�2o9
t '
�VN
wpFIQ
�t to tyre
Ca-/ ! 1 the foi-
Ae mini-
munica-
-_766- twer�o fly any property�ine andlor street,
shall be a minimum of the .height of the
facil#t hnount,Including any ants or appurte.
nances; (ii).all structures on adjacent lots shall be
at least 375 feet; and (iii)all pubildy owned sparks
and playgrounds shall be at least 375 ftet..As
used herein, "publicly owngd parks"' "I.
include any municipal golf course. If, however,
the applicant demonstrates to the Special Permit
Granting Authority that due to any combit"aVon of
factors relating to the land,such as topographic.conditions, terrain, wetlands, vegetative cover
and°other existing improvements, a reduced sett
back''Is.necessary, the Special Porm)t.Ming
Authority may reduce the s ,etback t;
Pot less than 290 feet subject to Ondlrtg that the.
reduced setback will not result in a material and
unressonable a8fety hazard.,
To add Section 190-97 O as followsc
4. A different existing structure or'use the
same lot sly not preclude the:_ihstalled6a of a
vAnMoss telecommunications facility on such lot`
If a toter and fts equipment buildings are In sole
use of the lot,the tower shall be downed t*be the
.principal use,o0verwim,the use.sha_If be v
Bred acamway.
A copy of the proposed zoning amondnvw*e&r
be:obtained.ifrom the Agawam Pimning(MrAwov.
tho Agawam Town Clerk's Office Wwon'thw
hoars of 8:30-AM and 410 PM in the Aaawarn
Town Ho#, 36 Main Street Agawam,IMAM.
BY ORDER OF.
Charles R. Calabrese, Chairman
t i ing,Roaor
77
rad.
'�
LEGAL NOT1Ct LEGAL NOTICE
TOWN OF AGAWAM
PLANNING BOARD
The Agawam Planning Board will hold a public
hearing on Thursday, December 6, 2001 at 7:00
PM at the Faolin Peirce Community Room,
Agawam Police Station, 681 Springfield Street,
Feeding Hills, MA. The purpose of this hearing
will be to hear the, petition of the Agawam
Planning Board for a proposed amendment to the
Code of the Town of Agawam,Article XIV entitled
Personal Wireless Service Facilities and Towers,
Chapter 180-97 as follows:
To delete Section 180-97 K. of the Zoning
Ordinance in its entirety and substitute the fol-
lowing in its place:
K. In order to ensure public safety, the mini-
mum distance from the base of a telecommunica-
tions tower to (i) any property line and/or street,
shall be a minimum of the height of the
facility/mount, including any antennas or appurte-
nances; (ii)all structures on adjacent lots shall be
at least 375 feet; and (ili)all publicly owned parks
and playgrounds shall be at least 375 feet. As
used herein, "publicly owned parks" shall not
include any municipal golf course. If, however,
the applicant demonstrates to the Special Permit
Granting Authority that due to any combination of
factors relating to the land, such as topographic
conditions, terrain, wetlands, vegetative cover
and other existing improvements, a reduced set-
back is necessary, the Special Permit Granting
Authority may reduce the setback requirement to
not less than 200 feet subject to finding that the
reduced setback will not result in a material and
unreasonable safety hazard.
To add Section 180-97 0. as follows-
O. A different existing structure or use on the
same lot shall not preclude the installation of a
wireless telecommunications facility on such lot
If a tower and its equipment buildings are the sole
use of the lot,the tower shall be deemed to be the
principal use, otherwise, the use shall be consid-
ered accessway.
A copy of the proposed zoning amendment can
be obtained from the Agawam Planning Office or
the Agawam Town Clerk's Office between the
Fours of 8:30 AM and 4:30 PM in the Agawam
Town Hail, 36 Main Street,Agawam,MA.
BY ORDER OF:
Charles R. Calabrese, Chairman
Agsvmm Planning Board
Publi~ November 20, 2001.
Y 0
'own of Agawam
36 -Nla.in Street Agawam, Massachusetts 01001-1.$37
y�
're!. 41.3-786-0400 Fax 413-786-9927
MEMO
TO: Safety Officer
Fire Department
Health Department
Conservation Commission
Engineering/DPW
School Committee
Board of Appeals
FROM: Planning Board
DATE: November 26, 2001
SUBJECT: Zoning Amendment-Personal Wireless Service Facilities and Towers
The Planning Board is acting as the petitioner on the attached proposed zoning amendment to the
Personal Wireless Service Facilities and Towers Ordinance. The Board will be holding a public
hearing on this proposal on December 6, 2001. Please submit any comments you may have prior
to the hearing.
Sincerely,
Charles R. Calabrese, Chairman
AGAWAM PLANNING BOARD
ToWn Of Agawam - -
36 Main Street Agawam, Massachusetts 01661-1.837
D ` Tel. 41.3-786-0400 Fax 4I3-786-9927
Agawam Planning Board
November 19, 2001
Agawam Town Council
36 Main Street
Agawam, MA 01001 C
C
c
Gina M. Letellier, President
Robert M. Young,Vice President .
George Bitzas, Councilor r�"s
Anthony C. Bonavita, Councilor „
Robert A. Magovem, Councilor
Joseph Mineo, Councilor
Richard C.Morassi,Councilor rn
John Negrucci, Councilor
Dennis Perry, Councilor
Robert Rossi, Councilor
Jill Simpson, Councilor
Dear Councilors:
At its duly called meeting held on November 15, 2 00 1, the Agawam Planning Board voted to act
as the petitioner for proposed amendments to Article XIV entitled Personal Wireless Service
Facilities and Towers, Chapter 180=97 of Agawam's Zoning Ordinance. Article XIV was adopted
in 1998 in response to the Federal Telecommunications Act of 1996. No new Telecommunications
facilities have been permitted since its adoption. The Planning Board has heard from a number of
Telecommunication companies that some of the wording in the Town's Ordinance is so restrictive
that no new facilities can be reasonably constructed. The Planning Board does not support this
opinion, but does support the clarification of some of the wording and the relaxing of the setback
requirement in order that new facilities can be constructed in the Overlay Zone.
If you have any questions, please contact the Planning Office.
Sincerely,
Charles R. Calabrese, Chairman
Agawam Planning Board
cc: Mayor, Clerk, Solicitor, Board of Appeals,File.
s r �
TOWN OF AGAWAM
PLANNING BOARD
The Agawam Planning Board will hold a public hearing on Thursday, December 6, 2001 at 7:00
PM at the Faolin Peirce Community Room, Agawam Police Station, 681 Springfield Street,
Feeding Hills, MA. The purpose of this hearing will be to hear the petition of the Agawam
Planning Board for a proposed amendment to the Cade of the Town of Agawam,Article XiV
entitled Personal Wireless Service Facilities and Towers, Chapter 180-97 as follows:
To delete Section 180-97 K. of the Zoning ordinance in its
entirety and substitute the following in its place :
K. in order to ensure public safety, the -minimum distance
from the base of a telecommunications tower to (i) any
property line and/oz street, shall be a minimum of the
height of the facility/mount, including any antennas or
appurtenances: (ii) all structures on adjacent lots
shall be at least '375 feet, and (iii) all publicly
owned parks and playgrounds shall be at least 375 feet .
As used herein, "publicly owned parks,, shall not
include any municipal golf course. if, however, the
applicant demonstrates to the Special Permit Granting
Authority that due to any combination of factors
relating to the land, such as topographic conditions,
terrain, wetlands, vegetative cover and other existing
improvements, a reduced setback is necessary, the
Special Permit Granting Authority may reduce the
setback requirement to not less than 200 feet subject
to finding that the reduced setback will not,; result in
a material and unreasonable safety hazard.
i
i
To add Section 180-97 0. as follows :
0 . A different existing structure or use on the same
lot shall riot preclude the installation of a
wireless telecommunications facility on such lot _
if a tower and its equipment buildings are the
sole use of the lot, the tower shall be deemed to
be the principal use, otherwise, the use shall, be
considered accessway.
A copy of the proposed zoning amendment 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:
Charles R. Calabrese, Chairman
Agawam Planning Board
Ad to be run 11/22/01 & 11/29/01
i rown off' Agawam
'a 36 .Main `ltrect Agawam, Massachusetts 01001-1837
�r
"Cel.. 41.3-786-0400 Fax 413-786-9927
Agawam Planning Board
November 19, 2001
Agawam Town Council
36 Main Street
Agawam,MA 01001
Gina M. Letellier,President 8
Robert M. Young, Vice President
George Bitzas, Councilor
Anthony C. Bonavita, Councilor �--
Robert A. Magovern, Councilor
Joseph Mineo,Councilor
Richard C. Morassi,Councilor ti
John Negrucci, Councilor
Dennis Perry, Councilor
Robert Rossi, Councilor
Jill Simpson, Councilor
Dear Councilors:
At its duly called meeting held on November 15, 2001, the Agawam Planning Board voted to act
as the petitioner for proposed amendments to Article XIV entitled Personal Wireless Service
Facilities and Towers, Chapter 180-97 of Agawam's Zoning Ordinance. Article XIV was adopted
in 1998 in response to the Federal Telecommunications Act of 1996. No new Telecommunications
facilities have been permitted since its adoption. The Planning Board has heard from a number of
Telecommunication companies that some of the wording in the Town's Ordinance is so restrictive
that no new facilities can be reasonably constructed. The Planning Board does not support this
opinion, but does support the clarification of some of the wording and the relaxing of the setback
requirement in order that new facilities can be constructed in the Overlay Zone.
If you have any questions,please contact the Planning Office.
Sincerely,
Charles R. Calabrese, Chairman
Agawam Planning Board
cc: Mayor, Clerk, Solicitor,Board of Appeals, File
0
TOWN OF AGAWAM
PLANNING BOARD
The Agawam Planning Board will hold a public hearing on Thursday, December 6, 2001 at 7:00
PM at the Faolin Peirce Community Room,Agawam Police Station, 681 Springfield Street,
Feeding Hills, MA. The purpose of this hearing will be to hear the petition of the Agawam
Planning Board for a proposed amendment to the Code of the Town of Agawam, Article VV
entitled Personal Wireless Service Facilities and Towers, Chapter 180-97 as follows:
To delete Section 160-97 K. of the Zoning Crdinance in its
entirety and substitute the following in its place :
K. in order to ensure public safety, the minimum distance
from the base of a telecommunications tower to (i) any E
property line and/or street, shall, be a minimum of the j
height of the facility/mount, including any antennas or �
appurtenances, (ii) all structures on adjacent lots
shall be at least '375 feet, and (iii) all publicly
owned parks and playgrounds shall be at least 375 feet.
,As used herein, "publicly owned parks' shall not
include any municipal golf course . If, however, the
applicant demonstrates to the Special Permit Granting
Authority that due to any combination of factors
relating to the land, such as topographic conditions,
terrain, wetlands, vegetative cover and other existing
improvements, a reduced setback is necessary, the
special Permit Granting Authority may reduce the i
setback requirement to not less than 200 feet subject
to finding that the reduced setback will not result in
a material and unreasonable safety hazard.
To add Section 180-97 0. as fellows :
0. A different existing structure or use on the same
lot shall not preclude the installation of a
wireless telecommunications facility on such lot.
If a tower and its equipment buildings are the
sole use of the lot, the tower shall be deemed to
be the principal use, otherwise, the use shall be
considered accessway.
A copy of the proposed zoning amendment 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 ball, 36 Main Street,Agawam,MA.
BY ORDER OF:
Charles R. Calabrese, Chairman
Agawam Planning Board
Ad to be run 11/22/01 & 11/29/01
Id 3 736 0375
i1!14-401 WED 15:07 FAX 1 413 73.. 0375 SHATZ, SCHWAR'TZ & F IIr 10001
LAW OFFICES OF
SHATZ, SCHWARTZ AND FENTIN, F.C.
1441 Main Street
Springfield, Massachusetts 01103
TELEPHONE (413) 737-1131
FACSIMILE (413) 736-0375
FACSIMILE .COVER SHEET
File No_: 00393 Client ID: C.RO011 Date: November 14, 2001
Please transmit the attached pages (including cover sheet)to:
FACSIMYLE TEELEPHONE
ADDRESSEE(Sl NUM>- +Rt§j aMBER(Sl
Thomas Locke, Esq. 786-9927
Debbie Dachos 786-9927
COMMENTS:
From: Ellen W, Freyman
**** CONFIDENTIALITY NOTICE****
This Lacsimile transmittal sheet and any document(s)which may accompany it contain information from the Laivv
Finn of Shatz, Schwartz and fentirt,P.C,which is confidential, attomey privileged,or otherwise protected from
disclosure. The information is intended only for the individual or entity named above as addressee. Any review,
dissentntation,or use of this facsimile or its contmis by any party other than the addressee is strictiv prohibited IF
YOU HAVE RECEIVED THIS FACSIMILE IN ERROR,PLEASE NOT]:FY US BY TELEPHONE
IMMEDIATELY SO THAT WE CAN ARRANGE RETRIEVAL OF THE ORIGINAL DOCUAIENTS AT NO
COST TO YOU
Time Sent:
Operator:
11i11/01 WED 15:38 FAX 1 13 0375 SHATZ, SCHWARTZ & FE,tiTIN Z000
r
To delete Section 190-97 K. of the Zoning Ordinance in its
entirety and substitute the following in its place:
K. In order to ensure public safety, the minimum distance
from the base of a telecommunications tower to (i) any
property line and/or street, shall be a minimum of the
height of the facility/mount, including any antennas or
appurtenances; (ii.) all structures on adjacent lots
shall be at least '375 feet; and (iii) all publicly
owned parks and playgrounds shall be at least 375 feet ,
As used herein, "publicly owned parks" shall not
include any municipal golf course . If, however, the
applicant demonstrates to the Special. Permit Granting
Authority that due to any combination of factors
relating to the land, such as topographic conditions,
terrain, wetlands, vegetative cover and other existing
improvements, a reduced setback is necessary, the
Special Permit Granting Authority may reduce the
setback requirement to not less than 200 feet subject
to finding that the reduced setback will not result in
a material and unreasonable safety hazard.
To add Section 180-97 4. as follows :
0 . A different existing structure or use on the same
lot shall not preclude the installation of a
wireless telecommunications facility on such lot .
If a tower and its equipment buildings are the
sole use of the lot, the tower shall be deemed to
be the principal use, otherwise, the use shall be
considered accessway .
u\&09\move\'.riser-sA. 0902
t �
� 32 ' ( ( 5 (
K. In order to ensure public safety, the minimum distance
from the base of a telecommunications tower to any property
line and/or street, shall be a minimum of the height of the
facility/mount , including any antennas or appurtenances.
The distance from the base of a tower to all
publicly owned parks and playgrounds shall be
at least 375 feet . if, however, the
applicant demonstrates to the Special Permit
Granting Authority that due to any
.combination of factors relating to the land,
such as topographic conditions, terrain,
wetlands, vegetative cover and other existing
improvements, a reduced setback is necessary,
the Special Permit Granting Authority may
reduce the setback requirement subject to not
less than 200 feet subject to finding that
the reduced setback will, not result in a
material and unreasonable safety hazard.
Section 180-97 p is inserted as follows :
A differen- existing structure or use on the same lot shall
not preclude the installation of a wireless telecommunications
facility on such lot . If a tower and its equipment buildings are `f
the sole use of the lot, the tower shall be deemed to be the
principal use, otherwise, the use shall be considered accessway.
U\AQ9\MOVE\inserts. 0902
VW 'NMOV
h S .E d S � Q i0Q2
SIV3ddV 30 'f18f'A83S VSNJ
1 413 736 0375
11•'1:3:01 11:08 FAX 1 413 736 0375 SHATZ,SC:HWARTZ & FE;NTEN 16001
-�
F
LAW OFFICES OF
SH.ATZ, SCHWARTZ AND FENTIN, P.C.
1441 Main Street
Springfield, Massachusetts 01103
TELEPHONE(413) 737-1131
l;ACSD,CLE (413) 736-0375
FACSIMILE COVER SHEET
F1le T 00353 Client ID- CRO011 Date: November 13, 2001
Please transmit the arrached pages (including cover sheet)to-,
IFACSBAME TELEPHONE
AD S SEE S N nDER S 1'[�JMB .RiS)
om Locke 7869927
T)ebbie Dachus 7869927
From- Ellen W, Freyrnan
** * CONFIDENTIALITY NOTICE *�`
`['his facsimile transmittal sheet and any document(s) which may accompany it contain
nformatio.n from the Law Firm of Shatz, Schwartz and Fentin, P.C. which is confidential,
attorney privileged, or otherwise protected from disclosure, The information is intended only for
.he individual or entity named above as addressee. Any review, dissemination, or use of this
facsimile or its contents by any party other than the addressee is strictly prohibited_ IF YOU
HAVE RECEIVED TI-RS FACSIMILE 1N ERROR, PLEASE NOTIFY SUS BY TELEPHONE
MvIEDIATELY SO THAT WE CAN ARRANGE RETRIEVAL OF THE ORIGINAL
DOCUMENTS AT NO COST TO YOU.
Ea)F
11 '13%01 11:09 FAX 1 413 736 0375
SHTZ,SCHFFARTZ & FEVTIi Z 002
K. In order to ensure public safety, the minimum distance
from the base of a telecommunications tower to =Lia any
property line and/or street, shall be a minimum of tae
height of the facility/mount, including any antennas or
appilrtenances. Tjj2e' d!�a�&n --t-L—re l ---he- base ef a-44etler
e nd ii all publicly owned parks and playgrounds
shale at least 375 feet . If, however, the applicant
demonstrates to the Special Permit Granting Authority
that due to any combination of factors relating to the
land, such as topographic conditions, terrain,
wetlands, vegetative cover and other existing
improvements, a reduced setback is necessary, the
Special Pe'-mit Granting Authority may reduce the
setback requirement to not less than 200 feet subject
to finding that the reduced setback will not result in
a material and unreasonable safety hazard. As used
herein Acly. mecl:'parhg shallnot i cl-ade a3�Y
manicipa
=1 calf course. ~
11 `13,'01 11:OS FAX 1 413 736 0375
- - SA.�T2ASCR _3RFZ & F$NTIN Z 003
r
To delete Section 180-97 K_ of the Zoning Ordinance in its
entirety and substitute the following in its place :
K. Tn order to ensure public safety, the minimum
distance from the base of a telecommunications
tower to (i) any property line and/or street ,
shall be a minimum of the height of the
facility/mount, including any antennas or
appurtenances and U W all publicly owned pants
and playgrounds shall, be at least 375 feet . Tf,
however, the applicant demonstrates to the Special
Permit Granting Authority that due to any
combination of factors relating to the land, such
as topographic conditions, terrain, wetlands,
vegetative cover and other existing improvements,
a reduced setback is necessary, the Special Permit
Granting Authority may reduce the setback
requirement to not less than 200 feet subject to
finding that the reduced setback will not result
in a material and unreasonable safety hazard. As
used herein, "publicly owned parks" shall not
include any municipal golf course.
7o add section 180-97 O. as follows :
Al O. A different existing structure or use on the same
lot shall not preclude the installation of a
wireless telecommunications facility an such lot .
if a tower and its egyipment buildings are the
sale use of the lot, the tower shall be deemed to
be the principal use, otherwise, the use shall be
considered accessway.
U400MOVOinvert6A.D902
To delete Section 180-97 K. of the Zoning Ordinance in its
entirety and substitute the following in its place :
K. In order to ensure public safety, the minimum
distance from the base of a telecommunications
tower to any property line and/or street, shall be
a minimum of the height of the facility/mount,
including any antennas or appurtenances. The
distance from the base of a tower to all publiclyJ.
owned parks and playgrounds shall be at least 375 Y �
feet . If, however, the applicant demonstrates tom
the Special Permit Granting Authority that due to
any combination of factors relating to the land,
such as topographic conditions, terrain, wetlands,
vegetative cover and other existing improvements,.
a reduced setback is necessary, the Special Permit ',\
Granting Authority may reduce the setback `\
requirement to not less than 200 feet subject to
finding that the reduced setback will not result
in a material and unreasonable safety hazard.
To add Section 180-97 O. as follows :
O. A different existing structure or use on the same
lot shall not preclude the installation of a
wireless telecommunications facility on such lot .
If a tower and its equipment buildings are the
sole use of the lot, the tower shall be deemed to
be the principal use, otherwise, the use shall be
considered accessway.
u\a09\move\insertsA.0902
K. In order to ensure public safety, the minimum distance
from the base of a telecommunications tower to any
property line and i-ead and or street, shall be a
minimum of the height of the facility/mount, including
any antennas or appurtenances . The distance from a44
least—;?59 feet r the base of a tower to all publicly
owned harks and playgrounds shall be at least 375 feet.
If, however, the mi2licant demonstrates to the S ecial
Permit Grantipq Authority that due to an combination
of factors relating to the land, such as to ogra hic
conditions, terrain, wetlands, vegetative cover and
.f _. .orsa..�e. ._ ewe Tsva
other existing improvements, a reduced setback is
necessary, the Special Permit Granting Authority maXy
reduce the setback requirement to not Less than 200
feet subject to finding that the reduced setback will
not result in a material and unreasonable safety
hazard.
a\a09\move\inserts.0904
r
Exhibit 112"
Alternate Sites
Property Owner Address Comment
Adams TV of B14-1-4, B14-1-3 , B14- Crown has existing
Springfield 1-5 tower at this
WGRC, Inc . location. Too far
from target, would
not provide needed
coverage .
BondiiIs Island N15-1-1, N14-1-1 Water & Sewer
Springfield, Commission, J.
City of Yacavone, � water
and electricity
together are not a
good ide .
Crestview CC H3-1-21,H3-1-21, H3-1- Per Ernest LaRocca,
24, H3-1-19, H3-1-22 , the country club
G2-1-1 does not own the
land, contacted
property owner and
Jarvis (property
owner) has no
interest .
Agawam D10-1-6 Within 1 '% mi . of
Municipal Golf WGRC, Inc. would not
Course provide needed
coverage.
Agawam Regional G7-1-3 , G7-1-4, G7-2-6, Covenant on deed,
Ind. Park G6-1-1, F6-2-2 , G7-3-1, height restriction
G6-3-6, G7-1-8, H7--2-4, at 801 , would not
G6-1-7, H7-2-3 , G6-1-3 , provide needed
G7-2-2 , G6-1-8, G6-1-4, coverage.
G5-6-1, H7-2-2 , F7-2-2,
G5-6-2 , G5--6-3 , G6-3-4,
H8-1-1, G8-1-14, G7-1-
1, G7-1-2 , G7-2-1
Oakridge Golf E2-1-6 Three miles from
Club target, would not
provide needed
coverage.
Riverside Park K3-3-1 No, per Brian
Six Flags Sherlin, Six Flags
is in the
entertainment
business and feels
this would be
inappropriate.
St . Anne Golf F6-1-1 Primary candidate
Course
Western Mass . H5-1-5, H5-1-6, H5-1-1, Repeated attempts to
Electric H6-1-1, H6-1-17, H6-1- contact Mr. Bobby
2
Property Owner Address Comment
18, I4-1-0 , I5-1-11, Johnson, no
15 1--12 response .
00\470\Exhibit 2 .0901
K. In order to ensure public safety, the minimum distance
from the base of a telecommunications tower to any
property line and road, shall be a minimum of the
height of the facility/mount, including any antennas or
appurtenances . The distance from-al-l-- exieting -:. . `
-dwellings, businesses or institutional uses and i
--buildings or public recreation areas shall be at lead
750 feet .
u\a09\move\inserts . 0905
r
Exhibit 112"
Alternate Sites
Property Owner Address Comment
Adams TV of B14-1-4, B14-1-3 , B14- Crown has existing
Springfield 1-5 tower at this
WGRC, Inc . location. Too far
from target, would
not provide needed
coverage .
Bondi ' s Island N15-1-1, N14-1-1 Water & Sewer
Springfield, Commission, J.
City of Yacavone, R water
and electricity
together are not a
good ide
Crestview CC H3-1-21,H3-1-21, H3-1- Per Ernest LaRocca,
24 , H3--1-19, H3-1-22 , the country club
G2-1-1 does not own the
land, contacted
property owner and
Jarvis (property
owner) has no
' interest .
Agawam D10-1-6 Within 1 % mi . of
Municipal Golf WGRC, Inc . would not
Course provide needed
coverage .
Agawam Regional G7-1-3 , G7-1-4 , G7-2-6, Covenant on deed,
Ind. Park G6-1-1, F6-2-2 , G7-3-1, height restriction
G6-3-6, G7-1-8, H7-2-4, at 801 , would not
G6-1-7, H7-2-3 , G6-1-3, provide needed
G7-2-2, G6-1-8 , G6-1-4, coverage.
G5-6-1, H7-2-2 , F7-2-2,
G5-6-2, G5-6-3 , G6-3-4,
H8-1-1, G8-1-14, G7-1-
1, G7-1-2 , G7-2-1
Oakridge Golf E2-1-6 Three miles from
Club target, would not
provide needed
coverage.
Riverside Park K3-3-1 No, per Brian
Six Flags Sherlin, Six Flags
is in the
entertainment
business and feels
this would be
inappropriate .
St . Anne Golf F6-1-1 Primary candidate
Course
Western Mass . H5-1-5, H5-1-6, H5-1-1, Repeated attempts to
Electric H6-1-1, H6-1-171 H6-1- contact Mr. Bobby
2
Property Owner Address Comment
18, 14-1-0, 15-1-11, Johnson, no
15-1-12 response .
00\470\Exhibit 2.0901