Loading...
8308_ZONING AMENDMENTS (2) - AUTOMATIC AMUSEMENT DEVICES �onin� Aine�l me�fls (a) roA� c I� m �rernen.+ 170 TOR-2004-5 I 4 AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM §180-44 BUSINESS ADISTRICTS PERMITTED USES (Coun. Magovem) WHEREAS, § 180-44, entitled Permitted Uses, of the Code of the Town of Agawam does not allow automatic amusement devices in a Business A District; and WHEREAS, many businesses located in the Business A. District have been licensed in accordance with § 75-1 of the Code of the Town of Agawam; and WHEREAS, it is in the best interests of the City of Agawam.to have those businesses licensed in accordance with §75-1 comply with zoning ordinance § 180-44 and for said ordinances to be consistent; and WHEREAS, it is in the best interests of the City of Agawam, the public and the general welfare of the community to amend the Code of the Town of Agawam; NOW THEREFORE, the Agawam City Council hereby resolves, ordains, amends and enacts the following amendment to § 180-44 of the Code of the Town of Agawam: Add new section I to § 180-44 to state as follows: I No more than four (4) Automatic Amusement Devices duly licensed in accordance with § 75-1 of the Code of the Town of Agawam. Dated this =' day of QiasmbcC' 2004. PT DER OF THE AGAWA CITY COUNCIL —DC� LA-kb l � M. Rheault, City Council President4-e-- P APPR D AS ORM AND LEGALITY tomas S. Locke, City Solicitor CC — 0 L ACIION . Received this R-th day of Sept. , 2004 from Town Council Clerk. Signed by Council President this 7 th day of Sept. _ , 2004. 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 9 th day of _Septembek ' 2004. W AP Richard A. Cohen, Mayor DISAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day. of 2004 for the following reason(s): Richard A. Cohen, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK Returned to Council Clerk this 9th day of Sept. ,2004. TOR-2004-7 Gj j� / ( - . AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM §180-48 BUSINESS B DISTRICTS PERMITTED USES (Coup. Magovem). WHEREAS, the City. Council has amended § 75-113 of the Code of the Town of Agawam; and WHEREAS, § 75-1 B, as amended, is not consistent with § 180-48 E. of the Code of the Town of Agawam; and WHEREAS, it is in the best interests of the City of Agawam for said ordinances to be consistent; and WHEREAS, it is in the best interests of the public and the general welfare of the community to amend the Code of the Town of Agawam; NOW THEREFORE, the Agawam City Council hereby resolves, ordains, amends and enacts the following amendment to § 180-48 of the.Code of the Town of Agawam: § 180-48 E., which -now states: "Amusement parks, bowling alleys and roller skating rinks or arcades containing.three (3) or more pinball or electronic games." . Is hereby amended to state: "Amusement parks, bowling alleys and roller skating rinks, or arcades containing six (6) or-more pinball or electronic games and or automatic amusement devices with a special permit-issued by the Board of Appeals. No more.than five (5) Automatic Amusement Devices duly licensed in accordance with § 75-1 of the Code of the Town of Agawam." Dated this day of SL7= mbe 2004. PER RDER OF THE AGAWM CITY COUNCIL � L Vil I dt Don . Rheault, City Council President C t) APP S TO FORM AND LEGALITY C - o0 (� Cc- - ru L C MAYORAL ACTION Received this -o th _ _ day of Sept , 2004 from Town Council Clerk. Signed by Council President this 7 th day of Sept• 2004. 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 9 th day of September , 2004. -J2 Richard A. Cohen, Mayor INSAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day of 2004 for the following reason(s): Richard A. Cohen, Mayor RETURN OF LEGISLATIONTO COUNCIL CLERK Returned to Council Clerk this 9 th day of Sept• , 2004. Town of Agawam y' 36 Main Street Agawam, Massachusetts 01001-1837 �a 0Py`� Tel. 413-786-0400 Fax 413-786-9927 AFE July 16, 2004 Agawam Town Council Donald M. Rheault, President Robert M. Young, Vice President George Bitzas, Councilor Cecilia Calabrese, Councilor -- } Ruth Carr Bitzas, Councilor Gina Letellier, Councilor r Robert A. Magovern, Councilor a ' " Joseph Mineo, Councilor N.)Dennis Perry, Councilor n Robert E. Rossi, Councilor Jill P. Simpson, Councilor Dear Councilors: At its duly called meeting held on July 15, 2004, the Agawam Planning Board voted to send a positive recommendation to the Agawam Town Council to adopt TOR-2004-5 and TOR-2004-7 zoning amendments having to do with electronic amusement devices. If you have any questions, please do not hesitate to contact the Agawam Planning Office at 786- 0400, extension 283. Sincerely, VS Dennis B. Hopkins, Chairman Agawam Planning Board cc: Mayor, Building, J. Conte, File Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: Safety Officer Fire Department Health Department Conservation Commission Engineering Department/DPW Board of Appeals School Committee FROM: Planning Board DATE: June 30, 2004 SUBJECT: Proposed Zoning Amendments (2) -Automatic Amusement Devices Planning Board is the petitioner for two proposed zoning amendments regarding automatic amusement devices: Section 180-44 Business A Districts Permitted Uses and Section 180-48 Business B Districts Permitted Uses. Attached is a copy of the proposed amendments. The Planning Board will be holding its public hearing on this proposal on July 15, 2004 We would appreciate any comments you may have prior to this hearing. Sincerely, Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD DBH/DSD:pre To be run 7/1/04 & 7/8/04 LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD o The Agawam Planning Board will hold a public hearing on Thursday, July 15, 2004 at 7:00 PM at the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of the Agawam Planning Board for two proposed zoning amendments :;J concerning automatic amusement devices: Section 180-44 Business A Districts Permitted Uses and Section 180-48 Business B Districts Permitted Uses. Copies of the proposed zoning CO `f'F" amendments can be obtained from the Agawam Planning Office or the Agawam Town Clerk r'r Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA. BY ORDER OF: Dennis B. Hopkins, Chairman Agawam Planning Board (Ad to be run 7/1/04 & 7/8/04) ; C w >.Y o - , I>.c co cn- ! rn U7 • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 w -- June 18, 2004 ="` Donald Rheault President C= Agawam Town Council 36 Main Street Agawam, MA 01001 a Dear Councilor Rheault: In order to expedite TOR-2004-5 and TOR-2004-7, the Agawam Planning Board voted at its June 17, 2004 meeting to act as the petitioner for these proposed zoning amendments. The Planning Board will coordinate with the Council Clerk to set up our public hearing. Attached for your information is the process that must be followed under Chapter 40A M.G.L. to adopt amendments to the Zoning Ordinance. Regarding TOR-2004-6, the Planning Board can not initiate changes to the Town Code. Please contact the City Solicitor to determine the appropriate process for amending the Town Code. If you have any questions, please do not hesitate to contact the Planning Office at 786-4000, extension 283. Sincerely, Travis Ward, Acting Chairman Agawam Planning Board cc: Mayor Building J. Conte Planning Board EXECUTI YE • OMCE OF CommuNrrms & 6, DmwpmENT F _ Michael S. Dukakis.Govemor * Amy S.Anthoav, Secretan Vol. 4,: Ed i t i qn`JIN0 A' February, 19& THE PROCESS OF ADOPTING A ZONING PROPOSAL The Zoning Act provides a specific procedure which a municipality must follow when adopting or amending its zoning bylaw. It is important that local officials understand the procedural requirements so as to prevent unnecessary litigation and avoid having the Attorney General disapprove a bylaw due to a procedural defect. This edition of the Land Use Manager highlights the procedural requirments of the Zoning Act which must- be followed when adopting or amending a zoning bylaw or ordinance. For detailed language .regarding this procedure, please refer to Chapter 40A, Section 5 , MGL. If after reading the statute you are still unsure as to a particular issue, we would suggest that you seek the advice of your Town Counsel or City Solicitor. STEP 1 Initiation The process of adopting or changing a zoning bylaw begins with the filing of the proposal with the City Council or Board of Selectmen. A proposal may be initiated by: 1. a City Council 2.1- a Board of Selectmen 3 . a Zoning Board of Appeals 4 . an individual who owns land which would be affected by the proposal D Donald J. Schmidt, Editor - 617/727-3197 100 Cambridge Street, Room 904 1/800/392-6445 Boston, Massachusetts 02202 5 . ten or more registered voters for an annual town meeting, or one hundred registered voters or ten percent of the total number of registered voters, whichever is less, for a special town meeting. 6. ten registered voters in a city 7. a Planning Board 8 . a Regional Planning Agency 9. other methods provided by a municipal charter STEP 2 . submission to Plauninq $gard within fourteen days of receipt, the City Council or Board of Selectmen must submit the zoning proposal to the Planning Board for their review. The statute is silent as to the failure of either the Board of Selectmen or City Council to submit the proposal to the Planning Hoard within the required fourteen day period. We must assume that any examination of a proposal must be completed within the fourteen days. However, in considering the Court's rationale in Vokes v. .Lovell, 18 Mass . App. Ct. 471 (1984 ) , the fourteen day period may only be directory and not mandatory. STEP 3 Public Hearin No zoning proposal may be adopted without a public hearing. The purpose of the public hearing is .to give interested persona a chance to express their views and opinions. Doliner v. Town Clerk of Millis, 343 Mass. 10 ( 1961) ; Gricus v,'Superinterident and Inspector of Buildings -of Cambridge, 345 Mass . 687( 1963) . In towns, the Planning Board must hold a public hearing within sixty-five days after the zoning proposal has been submitted to the Planning Board by the Board of Selectmen. If there is no Planning Board, the Board of selectmen must hold the public hearing within sixty-five days after the zoning proposal has been submitted to them by one of the parties authorized to-initiate a proposal. _ 2 _ • i *,. -.r c�1 w..;�--�'1 °In cites the Planning Board, andthe ,Ctyr:Caunc:il,�•or �comin' a designated o appo>nte' by the, Ci�t�y Council `for. such u :musst `ho the pu e�aT.ing�v� i.th �"5 da s a er a kzon'n�gpropo�sal as been submittedo WthekYPlanni ng r'3 'by t e City Counc> 1. If there is no Planning Board, the City Council or committee designated or appointed for such purpose, must hold a public hearing within sixty- five days after the zoning proposal has been submitted to the City Council by one of the parties authorized to initiate a proposal. On several occasions a question has arisen as to whether the statutory scheme requires separate hearings by the City Council or its committee and the Planning Board. Under similar language in Chapter 40A, MGL, prior to amendment by St. 1975, Chapter 808, a majority of the Massachusetts Supreme Court in Wood v. Newton, 351 Mass . 98 (1966) , held that a joint hearing by a Planning Board and Board of Alderman was permissible. STEP 4 Public Hearing Notice The hearing authority must give notice of the public hearing. Notice of the public hearing must be published in a newspaper of general circulation in the municipality once in each of two successive weeks. The first publication cannot be less than fourteen days before the day of the hearing. (Do not count the day of the hearing in the fourteen days. ) Notices of the public hearing do not have tb be pubished in a newspaper a full week apart, but must be published in separate calendar weeks which are successive. Crall v. Leominster, 362 Mass. 95 (1972) . In addition to newspaper publication, the same notice must be posted in a conspicious place in the city or town hall for a period of not less than fourteen days before the day of the public hearing, and copies of the notice must also be sent by mail, postage prepaid, to: 1. the State Department of Community Affairs 2. the Regional Planning Agency of the area, if any, and 3. the Planning Board of all abutting cities and towns 3 - 4 . if the zoning ordinance or bylaw Provides for notification of nonresident property owners when there is a boundary or use change within a district, then notice must be sent to any, such property own6k who files an annual request for notice with the municipal clerk no later than January first each year and, pays any required fees . The public hearing notice must contain the following information: 1 . the time, date Arid place of the public hearing 2 . the subject matter of the public hearing sufficient for identification 3 . the place where the texts and maps may be inspected. NOTE: A notice which described the general area of a map change proposal and specified where a plan and detailed petition could be examined sufficiently identified the proposal so as to alert interested parties. Crall v. Leominster; 362 MAss. 95 ( 1972 ) . 1 t STEP 5 Planning Board ReQort Following the public hearing, the Planning Board is allowed the opportunity to submit a report with recommendations to the City Council or Town Meeting. if the Planning Board fails to do so within twenty-one days after the hearing, the legislative body may pzoceed in the absence of such a report. NOTES: The Planning Board report must include recommendations on ►whether or not a proposal should be adopted. Shannon v. Building Inspector of _Woburn, 328 Mass. 633 ( 1952) ; Caputo v. Board of Appeals of Somerville, 330 Mass . 107 ( 1953) ; Rousseau v. Building Inspector of Framingham, 349 Mass. 31 (1965 ) ; Hallenborg_ v.�Town Clerk of Billerica, 360 Mass . 513 ( 1971) - 4 - • NOTES: The Planning Board' s report is only advisory and is not binding on the legislative body. Caires v. Building Commissioner of Hingham, 323 Mass . 589 (1949 ) ; Noonan v. Moulton, 348 Mass . 633 ( 1965) ; Hallenborg v. Town Clerk of Billerica, 360 Mass. 513 ( 1971) ; Maider v. Dover, 1 Mass . App. Ct. 683 (1974 ) . A Planning Board report which described an area being rezoned as an industrial and apartment district when it was actually a business district did not invalidate the recommendation for rezoning. Longo v. City of Malden, 350 Mass. 761 ( 1965) . The Planning Board may recommend amendments to the original proposal without another public hearing and report if the fundamental character and identity of the proposal are not changed but rather the proposal is merely perfected. Burlington v. Dunn, 318 Mass. 216 ( 1945) ; Doliner v. Town Clerk of Millis, 343 Mass. 10(1961) . 1 , A statement by the Planning Board that it was unable to make any recommendations due to a tie vote of its members does not constitute a report with recommendations. Whittemore v. Town Clerk of Falmouth, 299 Mass . 64 ( 1937) . A report of the Planning Board is a condition precedent to the adoption of zoning. The Town Meeting [or City Council] has no jurisdiction to take up adoption of zoning changes without a Planning Board report with recommendations or before the lapse of the twenty-one day period. Without jurisdiction, any action in adopting a zoning change would be a nullity. Whittemore v. Town of Falmouth, 299 Mass. 64 (1937) ; Canton v. Bruno, 361 Mass. 598 ( 1972) . 5 - STEP 6 The Vote After receipt of the Planning. Board' s report or after the lapse of the twenty-one day period without such report, the lesiglative body may adopt, amend or reject the zoning proposal . The required votes to adopt or change a zoning ordinance or bylaw are as follows: 1. a two-thirds vote of Town Meeting 2 . a two-thirds vote of all members of Town Council 3. a two-thirds vote of all members of City Council 4. a two-thirds vote of all members of each branch where there is a two branch form of government 5 . for councils with less than twenty-five members, a three-fourths vote of all members of a Town Council or a City Council or a three-fourths vote of all members of each branch where there are two branches, when there is a written protest filed against the zoning change by the owners of twenty percent or more of the area to be included in such change, or of the area of land immediately adjacent extending three-hundred feet from the boundary of the area affected by the proposal. If the Town Meeting fails to vote to adopt the zoning proposal within six months after the hearing by the Planning Hoard, no action can be taken on that proposal until after a subsequent notice, another public hearing and report by the Planning Board. If a City or Town Council fails to vote to adopt the zoning proposal within ninety days after the hearing by the Planning Board, no action can be taken on that proposal until after a subsequent notice, public hearings or joiPL hearing and report by the Planning Board. 6 - NOTES: If the identity of the zoning proposal is utterly changed by an attempted amendment by Town Meeting. The Planning Board must hold a new public hearing and submit a new report. Fish v. Canton, 322 Mass. 219 (1948) . A new notice, hearing and report is required if the amendment to the zoning proposal: 1.- changes the identity or substantial character of the original zoning proposal; 2 . fundamentally departs from the original proposal ; or 3. radically differs from the original proposal. Amendments by Town Meeting to an original zoning proposal which did not require a new public hearing were upheld in: Sullivan v. Board of Selectmen 6f Canton, 346 Mass. 784 ( 1964) ; Johnson v. Framingham, 354 Mass. 750 ( 1968) ; Daly Dry Wall v. Board 'of Appeals of Easton, 3 Mass. App. Ct. 706 (1975) . _ Amendments by Town Meeting to an original zoning proposal without a new public hearing were overturned in: Nelson v. Belmont, 274 Mass. 35 (1931) ; Fish v. Canton, 322 Mass. 219 (1948) . Changes in the membership of a Board of Alderman after the public hearing, but before the vote on a zoning proposal does not require the newly constituted board to hold another hearing before it can vote on the proposal. Morgan v. Banas, 331 Mass. 694. (1954 ) ; Gricus v. Superintendent and Inspector of Buildings of Cambridge, 345 Mass. 687 ( 1963 ) . For a discussion regarding the requirement for an extraordinary vote when a protest is filed, see Trum er v. Quincy, 358 Mass . 311 ( 1970) ; Parisi v. Gloucester, 3 Mass. App. Ct. 680 (1975) . r _ 7 f. STEP 7 Unfavorable Action If a City Council or Town Meeting acts unfavorably on a zoning proposal, such zoning proposal can not be considered by the City Council or Town Meeting within two years from the date of the unfavorable action unless the adoption of the zoning proposal is recommended in the final report of the Planning Board. what is meant by the terminology "is recommended in the final report of the Planning Board" is open to debate. It would appear that the meaning of final report is the last report of the Planning Board before the unfavorable action by the legislative body. A literal interpretation of the word "final" would result in that report which concludes or completes action on a particular issue. However, the terminology "is recommended in the final report" could mean the last report of the Planning Board in a sequence of events leading up to a particular legislative action. Most of the repetitive petition paragraph is { phrased in the past tense, yet the Planning Board' s report follows the words "is recommended" which indicates an action in the present tense. Therefore, it appears that a proposal could be reheard by the Planning Board after the unfavorable action by the legislative body and during the two year time period; but .unless the adoption of such proposal is recommended in one of the final reports following a public hearing, the legislative body must wait the two years before it can reconsider such proposal . In Kitty v. _Springfield 343 Mass . 321 ( 1961) , the court noted that the repetitive petition provision indicated "a legislative intention that, with respect to changes not recommended by the planning board, unfavorable action by a city council shall for two years prevent any new action of the same character. " How this statement relates to the final report issue is unclear as Kitty did not center on the question as to what constitutes a final report as in that case the Board 's r-oor. t was favorable . - 8 - STEP 8 Approval of Attorney General (applies only to Towns) After Town Meeting has adopted a zoning proposal, the proposal roust be submitted to the Attorney General for approval as required by Chapter 40, Section 32, MGL. A statement must also be sent which explains the proposal. This statement may be prepared by the Planning Board. After the proposal has received the Approval of the Attorney General, the Town must publish the proposal in a bulletin or pamphlet and post it, or publish the proposal in a newspaper pursuant to Chapter 40, Section 32, MGL. STEP 9 Copes to DCA After the approval of a zoning proposal by the Attorney General and after the adoption of a zoning proposal by the City Council, a copy of the latest effective zoning ordinance or bylaw must be sent by the City or Town Clerk to the Department of Community - - Affairs. The current mailing address is as follows: Department of Community Affairs Attn: Donald J. Schmidt 100 Cambridge Street Boston, Massachusetts 02202 STEP 10 Claims of invalidity Due to a Procedural Defect After adoption of a zoning proposal, legal action may be commenced regarding defects in the procedure of adoption. 1. Chapter 40A, Section 5, MGL, provides that legal action may be commenced within one-hundred and twenty days after adoption of an ordinance or bylaw. - 9 2 . Chapter 40, Sections 32 and 32A, MGL, provides that legal action may be commenced within ninety days after the bylaw or ordinance is posted or has been publishes] for the second time in a newspaper. . Until this inconsistency in the law is resolved by the courts or by corrective legislation, the more conservative approach would be that an appellant may bring an appeal within the longer of the two time periods. If action is commenced, a copy of the petition submitted to the court must be filed with the City or Town Clerk within 7 days after the court action is commenced. Unless an ordinance or bylaw is found to be invalid through the above action, a claim of invalidity based on a procedural defect may not be made in future legal proceedings. General Provisions Zoning bylaws and ordinances become effective on the date they are adopted by- the legislative body. This statement seems simple enough but it does raise a number of issues. Although a zoning proposal takes effect on the date it was adopted by the legislative body, it will reach back and affect Certain building or special permits that were issued prior to the adoption date. The enforcement and retroactivity of zoning proposals will be covered in a future edition of the Land Use Manager. As was noted in this edition of the Land Use Manager, Chapter 40A, Section 5, MGL requires that the Department of Community Affairs must be notified as to any public nearing scheduled by the Planning Board or City Council relative to a proposed zoning change. in order for our records to show that we have been properly notified,' such notices must be received by the Department prior to the date of the scheduled hearing. f- - 10 In order to be assured that our records reflect proper notice, please mail such public hearing . notices to the following address: Donald J. Schmidt Executive Office of Communities and Development 100 Cambridge Street Boston, MA 02202 - - - - - - - - - - - - - - - - - - - - - - - - - - Last year, the Office of the Attorney General wrote to all Planning Boards and commented on a number of the common mistakes and omissions that occur when submitting zoning bylaws to that Office for approval . Among the mistakes noted were: 1. failure to include a copy of the newspaper advertisement for the Planning Board's hearing that shows all dates of publication. 2. failure to correlate the items in the advertisement with the warrant articles to which they apply. 3 . failure to adequately include in the advertisement the subject matter sufficient for identification of each proposed change. 4. failure to certify the date when notice was sent to the Department of Commuity Affairs, the Regional Planning Agency and abutting cities and towns and others. 5. failure to document the reporting process followed by the local Planning Board in its report to the town meeting. - 11 -- AGAWAM: CITY COUNCIL 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 4 June 8, 2004 Deborah Dachos, Director Planning and Community Development Town Hall PRESIDENT 36 Main Street Donald M.Rheault Agawam, MA 01001 VICE PRESIDENT Robert M. Young Re. _ _ _2 _ _ 4_ COUNCILORS George Bitzas Cecilia Calabrese Dear Deborah: Ruth Carr Bitzas Gina M. Letellier Attached please find an excerpt from the minutes of the city council Roberisl.Magovern meeting held Monday, June 7, 2004, which is self-explanatory. Joseph Mineo Dennis J. Perry RobertE. Rossi Should you have any questions in regards to the above or if you would like 'Jill P. Simpson to notify the city council of your plans, please do so and I will forward the data to the city council. COUNCIL CLERK Ursula Retzler . Thank you. Sincerely, Ursula Retzler, Council Clerk Attached Council Members, with attached. Mayor, with attached City Solicitor, with attached Building Inspector, with attached File TELEPHONE (413) 786-0400 Ext. 233 FAX (413) 786-9927 REGULAR MEETAOF THE AGAWAM CITY COUNCIL June 7 2004 Item 10.3.. TOR-20 -5-An Ordinances to Amend the Code of the Town of Agawam & 180-44 Business A Districts Permitted Used (Coup. Magovern)( st Reading). Councilor Magovem - I like to make my comment and include .. President Rheault -Put a motion on the floor first. Councilor Magovem - I like to make a little report here from the committee first. President Rheault - Alright. Councilor Magovern - The ordinance that you are talking about the amusement devices, correct? Which? President Rheault - Item 3. President Rheault - Yes, 2-4[2004-5], 4-5[2004-5], 2004-6 and 2004-7 really deal with the same issue, which is codifying what we have been doing in the past, which is bringing the 4 and5 as far as the amusement devices are concerned, but before we can have a first reading, I met with both the building inspector, Nick Urbinati today and I met with Joe Conte last week, former building inspector to discuss these codes, discuss them with Tom Locke and its the basic agreement of everybody that before we can have a first reading we have to hold a public hearing with the planning board and in talking with Joe Conte he said that he'd be more than happy to try to schedule a planning board public hearing at our next council meeting.So I like to have the council president to refer to Ursula the request to hold a public hearing. President Rheault - Move the item, move to table the item till the Councilor Simpson - Point of Information. President Rheault - Yes councilor. Councilor Simpson - The only thing is I don't know how quickly we need to get this done but I know our next meeting we have our public hearing for budget and I don't know if those two should be on the same night. President Rheault - Oh that's right. Councilor Simpson -Being the same as the budget. Just a fact .. Councilor(?) - speaking w/o microphone. President Rheault - I don't know either. We only got one meeting after that for July. 1 REGULAR MEETAF THE AGAWAM CITY COUNCILlune 7, 2004 Councilor Letellier- Point of Information. I think its for the planning board to schedule a public hearing, not us Joe. President Rheault - That's right. Councilor Magovern -No the planning board can hold it, they made the suggestion to make it easier for us to combine it but Councilor Simpson is right about the public hearing for the budget. I say turn this back to the planning board, let them hold their public hearing and then we can bring it back to the council for its 1st, 2nd and 3rd readings. President Rheault - Alright. You have to table it until .. Councilor Magovern - I make a motion that we table this. President Rheault - All three. Councilor Magovern - All three. President Rheault - TOR-2004-5, TOR 2004-6, TOR- Councilor Magovern - 4-7. President Rheault - 4-7 motion will be to table until the planning board holds a public hearing and then returns back to the council. Councilor Magovern - Correct. President Rheault - Moved by Councilor Magovern; seconded? Councilor Mineo - I seconded it. President Rheault - Councilor Mineo. Any, will the clerk please call the roll. If you're in favor vote yes, if not vote no. ROLL CALL - 11 YES. President Rheault - 11 yes. We have tabled the 3 items until the planning board holds their public hearing and Ursula you can, if you would notify the planning board of this action of the council. Thank you. Item 10.4 TOR-2004-6-An Ordinance to Amend the Code of the Town of Aeawarri 75-1B., the maximum number of automatic amusement devices allowed on any single business premise (Coun. Magovern)(Ist Reading)_ 2 REGULAR MEETIROF THE AGAWAM CITY COUNCIL June 7 2004 [PLEASE SEE PRIOR PAGE] Item 10.5 T R-2Q0 -7-An Ordinance to Amend the Codsfthe Town of Agawam 8 180-48, Business B Districts Permitted Uses (Coun.Magovern)CUl&ading) [PLEASE SEE PRIOR PAGE] 3 TOR-2004-6 AN ORDINANCE TO AMEND THE CODE OF-THE TOWN OF AGAWAM §75-I.B. • THE MAXIMUM NUMBER OF AUTOMATIC AMUSEMENT DEVICES ALLOWED ON ANY SINGLE BUSINESS PREMISE (Coon. Magovem). WHEREAS, the City Council East amended §.75-1of the Code of the Town of Agawam in 1997; and WHEREAS, § 75-1 is not consistent with § 180-48, E. and § 18044. of the Code of the Town of Agawam; and WHEREAS, it is in the best interests of the City of Agawam for said ordinances to be consistent; and .WHEREAS, it is in the best interests of the public and the general welfare of the community to amend the Code of the Town of Agawam; NOW THEREFORE, the Agawam City Council hereby resolves, ordains, amends and enacts the following amendment to § 75-1 of the Code of the Town of Agawam: § 75-1 B., which now states, "The maximum number of automatic amusement devices allowed on any single business premises shall be four, except in the case of duly licensed arcades and amusement parks. Any individual or business desiring more than four automatic amusement devices on a single. • business premises shall require a special permit from the Board of Appeals." Is hereby amended to state: "Automatic Amusement Devices shall be allowed only in bars and restaurant establishments which hold valid liquor license issued by the City of Agawam, except as allowed in § 180-48 E of the Code of the Town of Agawam. "The maximum number of automatic amusement devices allowed on any single business premises shall be four, except in the case of duly licensed arcades and amusement parks, and except five shall be allowed in Business B Districts, Industrial.A Districts and Industrial B Districts. Any individual or business desiring more than five automatic amusement devices on a single business premises in Business B Districts, Industrial-A Districts and Industrial B Districts shall require a special permit from the Board of Appeals.". Dated this day.of 2004. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. Rheault, City Council President APPRO AST RM f homas S. L , Solicitor TOR-2004-5 AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM §180-44 BUSINESS A DISTRICTS PERMITTED USED (Conn. Magovem) WHEREAS, § 180-44, entitled Permitted Uses, of the Code of the Town of Agawam does not allow automatic amusement devices in a Business A District; and WHEREAS, many businesses located in the Business A District have been licensed in'accordance with § 75-1 of the Code of the Town of Agawam; and WHEREAS, it is in the best interests of the City of Agawam.to have those businesses licensed in accordance with §75-1 comply with zoning ordinance § 180-44 and for said ordinances to be consistent; and WHEREAS, it is in the best interests of the City of Agawam; the public and the general welfare of the community to amend the Code of the Town of Agawam; NOW THEREFORE, the Agawam City Council hereby resolves, ordains, amends and enacts the following amendment to § 180-44 of the Code of the Town of Agawam: Add new section J. to § 180-44 to state as follows: I No more than four (4) Automatic Amusement Devices duly licensed in accordance with § 75-1 of the Code of the Town of Agawam. Dated this day of . 2004. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. Rheault, City Council President APPR D AS 7RM AND LEGALITY t omas S. Locke, City Solicitor TOR-2004-7 AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM §I80-48 BUSINESS B DISTRICTS PERMITTED USES (Coup. Magovern). WHEREAS, the City.Council has amended § 75-113 of the Code of the Town of Agawam; and WHEREAS, § 75-1 B, as amended, is not consistent with § 180-48 E. of the Code of the Town of Agawam; and WHEREAS, it is in the best interests of the City of Agawam for said ordinances to be consistent; and WHEREAS, it is in the best interests of the public and the general welfare of the community to amend the Code of the Town of Agawam; NOW THEREFORE, the Agawam City Council hereby resolves, ordains, amends and enacts the following amendment to § 180-48 of the.Code of the Town of Agawam: § 180-48 E., which now states: "Amusement parks, bowling alleys and roller skating rinks or arcades containing.three (3) or more pinball or electronic games." Is hereby amended to state: "Amusement parks, bowling alleys and roller skating rinks, or arcades containing six (6) or,more pinball or electronic games and or automatic amusement devices with a special permit-issued by the Board of Appeals. No more.than five (5) Automatic Amusement Devices duly licensed in accordance with § .75-1 of the Code of the Town of Agawam." Dated this day of_ , 2004. PER ORDER OF THE AGAWAM CDY COUNCIL Donald M. Rheauit, City Council President APP S TO FORM AND LEGALITY