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8320_ZONING AMENDMENTS- MODS. TO CAR LOTS #`C3;o Taus Cc�nc� P } .DN*X%, Pu.b-�Aq .�1 Q 1113104 ( Z - ao o 4 -3) CC — PIA- a co 4- 10 CC _ TOR-2004-17 `_Nl D CE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING ORDINANCES ARTICLE VIII § 180-44 D BUSINESS A DISTRICTS PERMITTED USES AND ARTICLE IX § 180-48 D BUSINESS B DISTRICTS PERMITTED USES WHEREAS, amendments to VIII § 180-44 D Business A Districts Permitted Ices of the Code of the Town of Agawam are proposed to eliminate the storage of mo vehicles out of doors for holders of first and second-class motor vehicle dealer lice Ses-. as a permitted use; and — =' WHEREAS, amendments to IX § 180-44 D Business B Districts Permitted Ups `,W the Code of the Town of Agawam are proposed to eliminate the storage of motor M vehicles out of doors for holders of first and second-class motor vehicle dealer licemes as a permitted use ; and WHEREAS, the proposed changes to the zoning ordinances are in the best interests of the City of Agawam; 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 amendments to the Code of the Town of Agawam: Delete the underlined language in § 180-44D, Permitted uses, as follows: D. One-story public garages for storage or repair of not more than 50 cars. The storage of a maximum of 150 motor vehicles out of doors is allowed to holders of first- and second-class motor vehicle dealer licenses. Body and fender work and the painting of cars in or out of doors is prohibited. The storage of dismantled vehicles-or vehicle parts out of doors is prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm machinery, school buses and ambulances is permitted. An underground tank of not more than 1,000 gallons' capacity for drain oil is permitted. Add the underlined language to § 180-44D, Permitted uses, which shall now read as follows: D. One-story public garages for storage or repair of not more than 50 cars. Body and fender work and the painting or selling of cars in or out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of _ complete units such as truck bodies, tailgates, road sanders, farm machinery, school 4 r buses and ambulances is permitted. An underground tank of not more than 1,000 gallons' capacity for drain oil is permitted. Delete the underlined language in § 180-48D, Permitted uses, as follows: D. The storage of a maximum of one hundred fifty (150) motor vehicles out of doors is allowed to holders of first- and second-class motor vehicle dealer licenses. Body and fender work and the painting of cars out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm machinery, school buses and ambulances is permitted. Add the underlined language to § 180-48D, Permitted uses, which shall now read as follows: Body and fender work and the painting of cars out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm machinery, school buses and ambulances is permitted. The selling of motor vehicles in or out of doors is prohibited. Dated this _1 day of C�'?e+m b e 'r , 2004. P R ORDER OF T E AG WAM CITY COUNCIL benk M. Rheault, City Council President c APP AS FORM D LEGALITY Nzornas S. Lo , City Solicitor o v t Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1537 y Tel. 413-786-0400 Fax 413-786-9927 w October 29, 2004 Agawam Town Council a-- c N Donald M. Rheault, President r.) Robert M. Young, Vice President cry George Bitzas, Councilor Cecilia Calabrese, Councilor Ruth Carr Bitzas, Councilor Gina Letellier, Councilor Robert A. Magovern, Councilor Joseph Mineo, Councilor Dennis Perry, Councilor Robert E. Rossi, Councilor Jill P. Simpson, Councilor Dear Councilors: At its duly called meeting held on October 28, 2004, the Agawam Planning Board voted unanimously in favor of sending a positive recommendation to the Agawam Town Council to approve ZC-204-3, PH-2004-10, TOR-2004-17 an* amendment to the Code of the Town of Agawam Zoning Ordinances Article VIII § 180-44 D Business A Districts Permitted Uses and Article IX § 180-48 D Business B Districts Permitted Uses. The purpose of the amendment is to prohibit the storage of motor vehicles out of doors to holders of first-and second-class motor vehicle dealer licenses. During deliberation on this item, the Board discussed the need to limit the number of car lots in the Town and to more adequately control their location and design. Sincerely, Dennis B. Hopkins, Chairman Agawam Planning Board cc: Clerk, File (ZG - a004 -3) Pk- aao4- to TOR-2004-17 AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING ORDINANCES ARTICLE VIII § 180-44 D BUSINESS A DISTRICTS PERMITTED USES AND ARTICLE IX § 180-48 D BUSINESS B DISTRICTS PERMITTED USES WHEREAS, amendments to VIII § 180-44 D Business A Districts Permitted Uses of the Code of the Town of Agawam are proposed to eliminate the storage of motor vehicles out of doors for holders of first and second-class motor vehicle dealer licenses as a permitted use; and WHEREAS, amendments to IX § 180-44 D Business B Districts Permitted Uses of the Code of the Town of Agawam are proposed to eliminate the storage of motor vehicles out of doors for holders of first and second-class motor vehicle dealer licenses as a permitted use ; and WHEREAS, the proposed changes to the zoning ordinances are in the best interests of the City of Agawam; 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 amendments to the Code of the Town of Agawam: Delete the underlined language in § 180-44D, Permitted uses, as follows: D. -One-story public garages for storage or repair of not more than 50 cars. The storage of a maximum of 150 motor vehicles out of doors is allowed to holders of first- and second-class motor vehicle dealer licenses. Body and fender work and the painting of cars in or out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm machinery, school buses and ambulances is permitted. An underground tank of not more than 1,000 gallons' capacity for drain oil is permitted. Add the underlined language to § 180-44D, Permitted uses, which shall now read as follows: D. One-story public garages for storage or repair of not more than 50 cars. Body and fender work and the painting or selling of cars in or out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm machinery, school I buses and ambulances is permitted. An underground tank of not more than 1,000 gallons' capacity for drain oil is permitted. Delete the underlined language in § 180-48D, Permitted uses, as follows: D. The storage of a maximum of one hundred fifes(150) motor vehicles out of doors is allowed to holders of first- and second-class motor vehicle dealer licenses. Body and fender work and the painting of cars out of doors is prohibited. The storage of dismantled.vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm machinery, school buses and ambulances is permitted. Add the underlined language to § 180-48D, Permitted uses, which shall now read as follows: Body and fender work and the painting of cars out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm machinery, school buses and ambulances is permitted. The selling of motor vehicles in or out of doors is prohibited. Dated this day of PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. Rheault, City Council President APP AS FORM D LEGALITY as S. Lo , City Solicitor LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, October 28, 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 Town Council for a proposed zoning amendment to Article VIII Business A Districts Section 180-44 and Article IX Business B Districts Section 180-48 D. A copy of the proposal can be obtained from the Agawam Planning Office or the Agawam Town Clerk's Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA. BY ORDER OF: Dennis B. Hopkins, Chairman Agawam Planning Board (Ad to be run 10/14/04 & 10/21/04) cc: Planning Boards in: Westfield West Springfield r-C. Suffield Q rn Southwick Springfield Pioneer Valley Planning Commission Department of Housing & Community Development, Boston . n ', r•i.iSS. UF FILE 04 r -3 P") I0= 38 LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, October 21, 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 Town Council for a proposed zoning amendment to Article VIII Business A Districts Section 180-44 and Article IX Business B Districts Section 180-48 D. A copy of the proposal can be obtained from the Agawam Planning Office or the Agawam Town Clerk's Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA. BY ORDER OF: Dennis B. Hopkins, Chairman Agawam Planning Board t��L)kL f (Ad to be run 10/7/04�& 10/14/04) V cc: Planning Boards in: Westfield West Springfield Suffield Southwick Springfield Pioneer Valley Planning Commission Department of Housing & Community Development, Boston f To:_._ Planning Board From: Ursula RE'.tzler, Council Clerk Subject: Zone Change Date:. September 28, 2004 ZONE CHANGE -• To Zoning Orr.i narces Art. Vi I I A Districts PE,ragraph I80-44D. any', Art.. IX Business B' Districts Paragraph I80-•48D. Submitted to_PIanni_n.g Boardan_ SE�A Planning Board to hol o thai r^ public hParingon i City Council proposed to hold their public hearing on November 3, 2004. l _ _ w Planning Byiard�Si nature H-'1209 Town of Agawam y` 36 Main Street Agawam, Massachusetts 01001-1837 o MPy`� Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: Engineering/DPW Safety Officer Fire Department Health Department Conservation Commission Board of Appeals School Committee FROM: Planning Board SUBJECT: Proposed Zoning Amendments - Agawam Town Council - Article VIII Business A Districts Section 180-44 D and Article IX Business B Districts Section 180-48 D. DATE: September 28, 2004 The Planning Board received the attached zoning amendments from the Agawam Town Council. A public hearing has been scheduled by the Board for October 21, 2004. Please submit any comments you may have prior to that date. Sincerely, lb Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD DBH:pre ,. • � 7 U IDS- �i V )i" ► h a rck%n cz Y-%ce- � TR-2004- 32 3 A Resolution.To Initiate An Amendment or Change To Zoning Ordinances Article VIII Business A Districts §180-44 D. and Article IX Business B Districts §180-48 D. Of The Code Of The Town Of Agawam (Sponsored by Councilor Robert Rossi) WHEREAS, Massachusetts General Laws Chapter 40A § 5 authorizes the Agawam City Council to initiate an amendment to zoning ordinances; and WHEREAS, changes or modifications to Article VIII Business A Districts §180- 44 D. of the Code of the Town of Agawam are proposed to eliminate the storage of a maximum of 150 motor vehicles out of doors for holders of first and second-class motor vehicle dealer licenses as a permitted use; and WHEREAS, changes or modifications to Article IX Business B Districts §180-48 D. of the Code of the Town of Agawam are proposed to eliminate the storage of a maximum of 150 motor vehicles out of doors for holders of first and second-class motor vehicle dealer licenses as a permitted use; and WHEREAS, the proposed changes to the zoning ordinances are in the best interests of the City of Agawam; and NOW THEREFORE, the Agawam City Council resolves to initiate, in accordance with Massachusetts General Laws Chapter 40A § 5, amendments, changes, or modifications to Article VIII.Business A Districts §180-44 D. of the Code of the Town of Agawam and to Article IX Business B Districts §180-48 D. of the Code of the Town of Agawam as set forth in the document entitled "Zoning Modifications For Car Lots" attached hereto. Dated this day of PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. Rheault, Agawam City Council President ROVED A O ORM AND LEGALITY ...Thomas S. ity Solicitor ZONING MODIFICATIONS FOR CAR LQIS 180-44 Paragraph D as it presently reads: One-story public garages for storage or repair of not more than 50 cars. The storage of a maximum of 150 motor vehicle-out-of_do2rs is allowed_to bolders of first - and seond-c a motor vehicle dealgr licenses. Body and fender work and the painting of cars in or out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm machinery, school buses and ambulances is permitted. An underground tank of not more than 1,000 gallons capacity for drain oil is permitted. 180-44 Paragraph D will read: One-story public garages for storage or repair of not more than 50 cars. Body and fender work and the painting (or selling of cars) in or out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm machinery, school buses and ambulances is permitted. An underground tank of not more than I,000 gallons capacity for drain oil is permitted 180-48 Paragraph D as it presently reads: The atorage of a-maximum of one hundred fifty f I50) motor vehicles gut of doors is allowed to holders of first-and second-class motor'vehicle dealer licenses. Body and fender work and the painting of cars out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm machinery, school buses and ambulances is permitted. 180-48 Paragraph D will read: Body and fender work and the painting of cars out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm machinery, school buses and ambulances is permitted. (The selling of motor vehicles in or out of doors is prohibited). =deZete�-._ --- { )=added