8308_ZONING AMENDMENTS (2) - AUTOMATIC AMUSEMENT DEVICES �onin� Aine�l me�fls (a)
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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
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co cn- !
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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