Farmworker housing wins zoning OK

By BUFFY SPENCER

AGAWAM - The City Council has passed a zoning ordinance amendment that will allow the development of housing for farmworkers.

The proposal for the ordinance said the amendment is necessary for the city to comply with the settlement agreement in the case U.S. versus the City of Agawam. It also said the amendment is in the best interests of the city and that the Justice Department has approved its language.

The suit had charged that city officials discriminated against the farmworkers based on race and national origin, when the Board of Appeals rejected plans for a dormitory at C&E Tobacco off North West Street.

The nine councilors present at Monday's meeting voted to approve the amendment.

The amendment says that housing for farm workers located on land used for farming or agricultural purposes constitutes an accessory use to farming and is a permitted use in an agriculture district zone and/or parcels of land not in an agricultural zone exceeding five acres which are used for agricultural purposes. A federal judge approved a settlement in January 2005 allowing C&E Tobacco Inc. to build a dormitory for its workers, ending a four-year court battle.

Without admitting any wrongdoing, the city agreed to pay $250,000 to settle the matter and allow C&E to build the seasonal housing.

Part of the agreement stated the city would amend its bylaws concerning housing for migrant workers within 90 days so the rules are more clear. C&E decided not to build the dormitory.

City Solicitor Vincent F. Gioscia told the councilors that the housing would be subject to the same approval processes of any other properties in the city.

In response to a question by Councilor Robert E. Rossi as to whether language could be added to the amendment to assure the housing complies with reasonable regulations contained in the zoning bylaws, Gioscia said the city is protected under the language in the amendment.

He said the amendment was supposed to be done within 90 days of the case settlement and if any language was added it would have to go back to the Justice Department for review, delaying things more.

The process of getting the amendment into zoning ordinances was started by the late City Solicitor Thomas Locke, who died in May.

Councilor George Bitzas said, "I don't think we can afford another lawsuit."