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TOR-2013-6 ZONING AMENDMENT RESIDENCE A-6 ZI TOR-2013-6 AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING ORDINANCES §180 "ARTICLE XVI. WHEREAS, the Agawam Planning Board voted to act as petitioner for proposed zoning amendment to create a zone "Residence A-6; Low Density Multi-Family Community;" and WHEREAS, the Planning Board wishes to encourage low density multi-family development in the Town of Agawam; and WHEREAS, Residence A-6; Low Density Multi-Family Community zone will allow for greater flexibility and facilitate the construction, maintenance of streets, utilities and public r� C-) services in a more economical and efficient manner; and C= C) > WHEREAS, Residence A-6; Low Density Multi-Family Community zone willRprisp7ve important natural features and permanently preserve open space; and WHEREAS, it is in the best interest of the Town of Agawam to create a Resid-ace,-A:6; >CD Low Density Multi-Family Cominunity zone classification within the Town of Agawamj CD NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ofdains and amends and enacts the following amendments to the Code of the Town of Agawam: Amend the title of"Article XVI" to read "Article XVI: Open Space Residential Development; Age Restricted Housing; Low Density Multi- Family Community" Add the Following: See exhibit"A"which is attached hereto and incorporated by reference. DATED THIS STO OF 6[VCV5T 2013.q& PER ORDER OF THE AGAWAM CITY COUNCIL c.- i-n Chris her C. o President (hr 41 cout n C�t A P`R ED T(Y'FORM AND LEGALITY 0(01 �fi_ncent MZN�Solicitor MAYORAL ACTION Received this day of OW 1.4' 2013 from Council Clerk. A day of Ol 11AIJ 2013. Signed by Council President this L� W�W 016-111 APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agaw arter, as nded I hqrc�y approve the passage of the above legislation on this day of h A ;,4U 1 j 6- S 32013. 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 thi.s day of 2013 for the following rcason(s): Richard A. Cohen, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK Returned to Council Clerk this day ofaU('t& 2013. W EXHIBIT "A" §180-113 Residence A-6; Low Density Multi-Family Community A. Purpose. It is the purpose of this district to allow for greater variety and flexibility in the development of housing types and to facilitate the construction and maintenance of streets, utilities and public services in a more economical and- efficient manner while at the same time conserving important natural site features and permanently preserving open space. B. Application. (1) A site plan for a Low Density Multi-Family Community in conformance With § 180- 13 shall be submitted to the Planning-Board. The following additional information shall be required-. (a) A development statement listing the development team, setting forth the development concept, including in tabular form the number of units, type, size (number of bedrooms, amount of living space, gross floor area), ground coverage and summary showing the area of residential development and common open space as a percentage of the total area. (b) A development site plan of the entire tract in accordance with the requirements of this section and meeting, to the extent applicable, the requirements set forth for a definitive plan in the Agawam Subdivision Rules and Regulations. (c) Architectural rendering of the site plans and typical structures, including floor plans and elevations. (d) A traffic study will be required. This study shall be performed by a professional engineer registered in the Commonwealth of Massachusetts. It may include, at the discretion of the Planning Board, analysis of existing and proposed traffic conditions, driveway design, traffic signal warrant analysis, parking lot size and layout recommendations, a description of impacts on local and regional traffic due to the development, including an area and for a build-out time period as prescribed by the Planning Board. Depending on the location of the proposed curb cut, existing traffic characteristics and the volume of traffic generated by the proposal, a traffic signal may be warranted at one or all points of access. Any traffic control devices to serve the development would be designed, funded, and constructed by the project proponent at the time of the initial development or by the homeowners's association in the future. If, as a result of the traffic study, off- site traffic remediation is determined to be warranted, it shall be the responsibility of the project proponent. If the number of parking stalls required in the parking analysis exceed the number required in the Town Code, the larger number shall be required. (e) An engineering report regarding the adequacy of sewage disposal, water supply and stormwater drainage, including,the impact of the proposed design on the existing municipal utility infrastructure of the Town. (f) Marketing and management information, including unit selling prices, construction schedule, and phasing schedule. (2) Said application shall contain sufficient information so that the Planning Board can determine the applicability of said application for the following items: (a) Is consistent with the Master Plan of the Town of Agawam; (b) Preserves and protects the character of the Town and especially the immediate neighborhood, giving due consideration to such features as public safety, including traffic control and traffic impact upon surrounding roads; development of adequate facilities for the use of the residents of said proposal; adequate fire protection, public health including sewage disposal, drainage and water supply; and the compatibility of the size, location, architecture and landscaping of said project with the adjacent neighborhood and the Town; (c) Minimizes potential adverse environmental impacts upon the Town; (d) Is likely to result in a financially stable, soundly and attractively constructed and well managed and maintained project; and (e) Conforms to the specific provisions of this chapter, including the design guidelines of this section. (3) Said site plan approval shall not be issued unless the Planning Board affirmatively determines that each of the above-listed criteria is met by said applicant. D. Use regulations. The following uses shall be permitted in a Low Density Multi- Family Community- (1) One-family detached dwellings. (2) Two-family detached dwellings. (3) Recreational uses and community facilities, such as parks, gardens, swimming pools, tennis courts, clubhouses and community buildings. (4) Accessory uses customarily incidental and subordinate to the principal uses listed above, but expressly excluding any commercial or retail enterprises. E. Dimensional requirements. A Low Density Multi-Family Community shall comply with the following dimensional requirements: (1) Minimum parcel size. The total parcel shall have a minimum area of not less than 10 acres. (2) Minimum parcel frontage. The total parcel shall have a minimum frontage on a public way of at least 150 feet. - (3) Front, side and rear yards. The minimum front yard (setback) shall be 25 feet from the interior paved way. The minimum front yard (setback) shall be 50 feet where it abuts a public way only, The side yard and rear yard requirements shall be 50 feet inclusive of a landscaped buffer strip of not less than 15 feet and shall pertain only to the periphery of the development. Additional buffering may be required in sensitive areas at the discretion of the Planning Board. The Planning Board may modify or waive the buffering requirement where variations in topography, natural features and vegetation, or compatible land uses obviate the need for such a buffer. -r_T_���� _4 F. Density regulations. The maximum number of dwelling units permitted within a Low Density Multi-Family community shall be determined by the Planning Board to assure compliance with the purpose and intent of these regulations, and in any event shall not exceed an average of four units per acre of usable land area. G. Building requirements. (1) Building character. The Low Density Multi-Family community shall be an architecturally integrated development. An architectural theme shall be carried out by the use of common building materials, color, exterior detailing, bulk and/or rooflines. Design characteristics shall be stated in the development application and shall include, but not be limited to, building materials, architectural design, and street furniture, which shall require Planning Board approval. (2) Building location. Building location and orientation shall reflect- (a) The relationship to street line and to other buildings in the development if in close proximity, in order to protect privacy and create visual coherence. (b) Views, solar access and access to common open space in order to enhance an occupant's 'interest. (c) Organization of large developments into recognizable subareas in order to provide scale and identity. (d) Avoidance of major topography changes and destruction of significant natural site features, including removal of native trees or vegetation, in order to preserve and protect the environment. (e) Reduction of visual intrusion into abutting properties in order to protect existing character to the extent practicable. (3) Community facility. Unless waived by the Planning Board, the development shall establish a community room or facility for use by the residents. Such facility may provide community space for mail, indoor recreation, meetings, and other functions held by the residents. H. Maximum building height. The maximum height of structures shall be two stories or 35 feet above the ground. 1. Minimum setback distance between buildings. The minimum setback distance between buildings shall be 30 feet. J. Stairways. All egress stairways are to be contained within the building structure proper. K. Utilities. (1) Each dwelling in a Low Density Multi-Family community shall be provided with access drainage and utilities that are functionally equivalent to that provided under the Planning Board's Subdivision Regulations. All utilities shall be placed underground. (2) All dwelling units shall be serviced by a public water supply deemed adequate for fire protection and domestic use. (3) All dwelling units shall be connected to public sewers if available. If public sewers are not available, all dwelling units shall be serviced with on-site sewage disposal systems which shall be designed to meet the requirements of approval from the Agawam Board of Health and/or the Massachusetts Department of Environmental Protection as necessary. (4) All outdoor lighting 'in the development shall be designed to improve visibility, safety and a sense of security while minimizing energy use, operating costs, glare and light pollution, Outdoor lighting shall be designed to prevent misdirected or excessive artificial light. Building areas shall not be floodlit. Roadways, parking areas, walkways and other public areas shall be illuminated only by properly positioned, high-efficiency, full-cutoff-shielded lighting fixtures not higher than 15 feet in height. L. Parking and circulation requirements. (1) There shall be an adequate, safe and convenient arrangement of pedestrian circulation, roadways, driveways and parking. (2) Vehicular access to the Low Density Multi-Family community shall be provided from an existing public way which, in the opinion of the Planning Board, is adequate to service the proposed development. As a matter of public safety, an additional access may be required. (3) All roads within the Low Density Multi-Family community shall be privately owned and maintained and shall be designed with sufficient width, suitable grade and adequate construction to safely provide for the needs of vehicular traffic generated by the development. Access roads shall be designed and constructed according to the requirements of the Agawam Subdivision Rules and Regulations or as otherwise modified by the Planning Board. (4) Garages or off-street parking spaces, or a combination thereof, shall be provided for all occupants, employees, and visitors, and shall be not less than two garage spaces per dwelling unit. Road widths and other factors will be evaluated when considering on-street parking. (5) The development shall be served by sidewalks in accordance with the Planning Board Subdivision Rules and Regulations. The use of exterior stairs and raised curbing in areas where there will be pedestrian activity shall be minimized. M. Landscaping requirements. (1) A coordinated landscape design for the entire project area, including landscaping of structures, parking areas, driveways and walkways, and buffer strips shall be submitted for approval by the Planning Board. (2) Wherever possible, existing trees and vegetative cover shall be conserved and integrated into the landscape design. (3) Proper maintenance of the landscaping, including the buffer strip, shall be the responsibility of the owner, and shall be a condition of conformance with the Zoning Bylaws. N. Common open space requirements. (1) All land within the Low Density Multi-Family community which is not covered by buildings, roads, driveways, parking areas or other development, or which is not set aside as private yards, patios or gardens�for the residents, shall be common open space. The area of the common open space shall equal at least 30% of the total area of the active adult community tract. Such land shall have a shape, dimension, character and location suitable to assure its use for park, recreation, conservation or agricultural purposes by all the residents of the development. (2) Suitable and usable outdoor recreational area or areas shall be provided for the use of tenants. At least 1,000 square feet per dwelling unit must be usable open space for active and passive recreation. [This amount may be included in the thirty-percent common open space requirement set forth in Subsection N(1) above.) Such space shall not include wetlands as determined by the Conservation Commission. Usable open space may be defined to include land for community gardens, hiking/jogging paths, tennis courts, swimming pools or similar facilities. (3) Further subdivision of common open land or its use for other than recreation, conservation, or agriculture, except for easements for underground utilities shall be prohibited. (4) Provision shall be made so that the common open space shall be owned in common and readily accessible to the owners and residents of all units in the development or by a membership corporation, trust or association whose members are the owners and residents of the units. In all cases the common open space shall be subject to a perpetual restriction running to or enforceable by the Town which shall be recorded in respect to such land. Such restriction shall be in such form and substance as the Planning Board shall prescribe, and may contain such additional restrictions on development as the Planning Board may deem appropriate. 0. Community association. (1) An owners' association shall be established requiring membership of each unit owner in the Low Density Multi-Family community. The association shall be responsible for the permanent maintenance of communal water, sewage, - recreational and thoroughfare facilities. An association agreement or covenant shall be submitted with the application guaranteeing the continuing maintenance of such common utilities, land and facilities, assessing each unit a share of maintenance expenses. Such agreement shall be subject to the review and approval of Agawam legal counsel and the Planning Board and shall be recorded in the Hampden County Registry of Deeds. (2) Such agreements or covenants shall provide that in the event that the association fails to maintain the common facilities in reasonable order and condition in accordance with the agreement, the Town may, after notice to the association and public hearing, enter upon such land and maintain it in order to preserve the taxable value of the properties within the development and to prevent the common land from becoming a public nuisance. The covenants shall also provide that the cost of such maintenance by the Town shall be assessed ratably against the properties within the development. P. Project identification, (1) As a condition of its approval, the Planning Board may permit a sign showing the project name to be permanently affixed at each entrance to the development, which shall be designed to be compatible with the character of the development and the surrounding neighborhood. Each sign shall be of a size and design to be approved by the Planning Board, provided that no such sign shall exceed 32 square feet in size. (2) All streets shall be posted with standard street signs, and all street names shall be approved by the Planning Board. Dwelling units shall be assigned street numbers as assigned by the Assessor's Office. Q. Enforcement. (1) As a condition of its approval, the Planning Board may establish time limits for any development or phases thereof. (2) Before any' building permits are issued for buildings in a given phase, the developer may be required to provide the Town with performance security in a form and amount satisfactory to the Planning Board to guarantee the construction of required site improvements. R. Waivers. The Planning Board may waive or modify any requirement of this section for compelling reasons of safety, aesthetics or site design. Town of Agawam Tel. 413-786-0400 Fax 41J-786-9927 36 Main Street Agawam, Massachusetts 01001-1837 May 15, 2013 Christopher C. Johnson, President Dennis J. Perry, Vice President George Bitzas, Councilor Cecilia P.Calabrese, Councilor Paul C. Cavallo, Councilor James P. Cichetti, Councilor Gina M. Letellier, Councilor Robert A. Magovern, Councilor Joseph Mineo' , Councilor Donald M. Rheault, Councilor Robert Rossi, Councilor Agaw'am Town Council 36 Main Street Agawam, MA 0 100 1 Dear Councilors: At its duly called meeting held on May 2, 2013, the Agawam Planning Board voted to be the petitioner on the attached Zoning Amendment"Residence A-6". If you have any questions, please contact this office at 786-0400, extension 8738. Sincerely, Travis P. Ward, Chairman AGAWAM PLANNING BOARD cc: Clerk, Solicitor, File TOR-2013-6 AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING ORDINANCES §180 "ARTICLE XVI. WHEREAS, the Agawam Planning Board voted to act as petitioner for proposed zoning amendment to create a zone "Residence A-6; Low Density Multi-Family Community;" and WHEREAS, the Planning Board wishes to encourage low density multi-family development in the Town of Agawam; and WHEREAS, Residence A-6; Low Density Multi-Family Community zone will allow for greater flexibility and facilitate the construction, maintenance of streets, utilities and public services in a more economical and efficient manner; and WHEREAS, Residence A-6; Low Density Multi-Family Community zone will conserve important natural features and permanently preserve open space; and WHEREAS, it is in the best interest of the Town of Agawam to create a Residence A-6; Low Density Multi-Family Community zone classification within the Town of Agawam. NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and amends and enacts the following amendments to the Code of the Town of Agawam: Amend the title of "Article XVI" to read "Article XVI: Open Space Residential Development; .Age Restricted Housing; Low Density Multi- Family Community" Add the Following: See exhibit "A" which is attached hereto and incorporated by reference. DATED THIS OF 2012. PER ORDER OF THE AGAWAM CITY COUNCIL Chris her C. o on, President PR ED T(TTORM AND LEGALITY Vincent 61'dsti4Solicitor EXHIBIT "A" §180-113 Residence A-6; Low Density Multi-Family Community A. Purpose. It is the purpose of this district to allow for. greater variety and flexibility in the development of housing types and to facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner while at the same time conserving important natural site features and permanently preserving open space. B. Application. (1) A site plan for a Low Density Multi-Family Community in conformance with § 180- 13 shall be submitted to the Planning Board. The following additional information shall be required: (a) A development statement listing the development team, setting forth the development concept, including in tabular form the number of units, type, size (number of bedrooms, amount of living space, gross floor area), ground coverage and summary showing the area of residential development and common open space as a percentage of the total area. (b) A development site plan of the entire tract in accordance with the requirements of this section and meeting, to the extent applicable, the requirements set forth for a definitive plan in the Agawam Subdivision Rules and Regulations. (c) Architectural rendering of the site plans and typical structures, including floor plans and elevations. (d) A traffic study will be required. This study shall be performed by a professional engineer registered in the Commonwealth of Massachusetts. It may include, at the discretion of the Planning Board, analysis of existing and proposed traffic conditions, driveway design, traffic signal warrant analysis, parking lot size and layout recommendations, a description of impacts on local and regional traffic due to the development, including an area and for a build-out time period as prescribed by the Planning Board. Depending on the location of the proposed curb cut, ekisting traffic characteristics and the volume of traffic generated by the proposal, a traffic signal may be warranted at one or all points of access. Any traffic control devices to serve the development would be designed, funded, and constructed by the project proponent at the time of the initial development or by the homeowners's association in the future, If, as a result of the traffic study, off- site traffic remediation is determined to be warranted, it shall be the responsibility of the project proponent. If the number of parking stalls required in the parking analysis exceed the number required in the Town Code, the larger number shall be required. (e) An engineering report regarding the adequacy of sewage disposal, water supply and stormwater drainage, including the impact of the proposed design on the existing municipal utility infrastructure of the Town. (f) Marketing and management information, including unit selling prices, construction schedule, and phasing schedule. (2) Said application shall contain sufficient information so that the Planning Board can determine the applicability of said application for the following items: (a) Is consistent with the Master Plan of the Town of Agawam; (b) Preserves and protects the character of the Town and especially the immediate neighborhood, giving due consideration to such features as public safety, including traffic control and traffic impact upon surrounding roads; development of adequate facilities for the use of the residents of said proposal; adequate fire protection, public health including sewage disposal, drainage and water supply; and the compatibility of the size, location, architecture and landscaping of said project with the adjacent neighborhood and the Town; (c) Minimizes potential adverse environmental impacts upon the Town; (d) Is likely to result in a financially stable, soundly and attractively constructed and well managed and maintained project; and (e) Conforms to the specific provisions of this chapter, including the design guidelines of this section. (3) Said site plan approval shall not be issued unless the Planning Board affirmatively determines that each of the above-listed criteria is met by said applicant. D, Use regulations. The following uses shall be permitted in a Low Density Multi- Family Community: (1) One-family detached dwellings. (2) Two-family-detached dwellings. (3) Recreational uses and community facilities, such as parks, gardens, swimming pools, tennis courts, clubhouses and community buildings. (4) Accessory uses customarily incidental and subordinate to the principal uses listed above, but expressly excluding any commercial or retail enterprises. E. Dimensional requirements. A Low Density Multi-Family Community shall comply with the following dimensional requirements: (1) Minimum parcel size. The total parcel shall have a minimum area of not less than 10 acres. (2) Minimum parcel frontage. The total parcel shall have a minimum frontage on a public way of at least 150 feet. (3) Front, side and rear yards. The minimum front yard (setback) shall be 25 feet from the interior paved way. The minimum front yard (setback) shall be 50 feet where it abuts a public way only. The side yard and rear yard requirements shall be 50 feet inclusive of a landscaped buffer strip of not less than 15 feet and shall pertain only to the periphery of the development. Additional buffering may be required in sensitive areas at the discretion of the Planning Board. The Planning Board may modify or waive the buffering requirement where variations in topography, natural features and vegetation, or compatible land uses obviate the need for such a buffer. [Amended 12-4-2006 by TOR-2006-12] F. Density regulations. The maximum number of dwelling units permitted within a Low Density Multi-Family community shall be determined by the Planning Board to assure compliance with the purpose and intent of these regulations, and in any event shall not exceed an average of four units per acre of usable land area. G. Building requirements. (1) Building character. The Low Density Multi-Family community shall be an architecturally integrated development. An architectural theme shall be carried out by the use of common building materials, color, exterior detailing, bulk and/or rooflines. Design characteristics shall be stated in the development application and shall include, but not be limited to, building materials, architectural design, and street furniture, which shall require Planning Board approval. (2) Building location. Building location and orientation shall reflect: (a) The relationship to street line and to other buildings in the development if in close proximity, in order to protect privacy and create visual coherence. (b) Views, solar access and access to common open space in order to enhance an occupant's interest. (c) Organization of large developments into recognizable subareas in order to provide scale and identity. (d) Avoidance of major topography changes and destruction of significant natural site features, including removal of native trees or vegetation, in order to preserve and protect the environment. (e) Reduction of visual intrusion into abutting properties in order to protect existing character to the extent practicable. (3) Community facility. Unless waived by the Planning Board, the development shall establish a community room or facility for use by the residents. Such facility may provide community space for mail, indoor recreation, meetings, and other functions held by the residents. H, Maximum building height. The maximum height of structures shall be two stories or 35 feet above the ground. 1. Minimum setback distance between buildings. The minimum setback distance between buildings shall be 30 feet. J. Stairways. All egress stairways are to be contained within the building structure proper. K. Utilities. (1) Each dwelling in a Low Density Multi-Family community shall be provided with access drainage and utilities that are functionally equivalent to that provided under the Planning Board's Subdivision Regulations. All utilities shall be placed underground. (2) All dwelling units shall be serviced by a public water supply deemed adequate for fire protection and domestic use. (3) All dwelling units shall be connected to public sewers if available. If public sewers are not available, all dwelling units shall be serviced with on-site sewage disposal systems which shall be designed to meet the requirements of approval from the Agawam Board of Health and/or the Massachusetts Department of Environmental Protection as necessary. (4) All outdoor lighting in the development shall be designed to improve visibility, safety and a sense of security while minimizing energy use, operating costs, glare and light pollution. Outdoor lighting shall be designed to prevent misdirected or excessive artificial light. Building areas shall not be floodlit. Roadways, parking areas, walkways and other public areas shall be illuminated only by properly positioned, high-efficiency, full-cutoff-shielded lighting fixtures not higher than 15 feet in height. L. Parking and circulation requirements, (1) There shall be an adequate, safe and convenient arrangement of pedestrian circulation, roadways, driveways and parking. (2) Vehicular access to the Low Density Multi-Family community shall be provided from an existing public way which, in the opinion of the Planning Board, is adequate to service the proposed development. As a matter of public safety, an additional access may be required. (3) All roads within the Low Density Multi-Family community shall be privately owned and maintained and shall be designed with sufficient width, suitable grade and adequate construction to safely provide for the needs of vehicular traffic generated by the development. Access roads shall be designed and constructed according to the requirements of the Agawam Subdivision Rules and Regulations or as otherwise modified by the Planning Board. (4) Garages or off-street parking spaces, or a combination thereof, shall be provided for all occupants, employees, and visitors, and shall be not less than two garage spaces per dwelling unit, Road widths and other factors will be evaluated when considering on-street parking. (5) The development shall be served by sidewalks in accordance with the Planning Board Subdivision Rules and Regulations. The use of exterior stairs and raised curbing in areas where there will be pedestrian activity shall be minimized. M. Landscaping requirements. (1) A coordinated landscape design for the entire project area, including landscaping of structures, parking areas, driveways and walkways, and buffer strips shall be submifted for approval by the Planning Board. (2) Wherever possible, existing trees and vegetative cover shall be conserved and integrated into the landscape design. (3) Proper maintenance of the landscaping, including the buffer strip, shall be the responsibility of the owner, and shall be a condition of conformance with the Zoning Bylaws. N. Common open space requirements. (1) All land within the Low Density Multi-Family community which is not covered by buildings, roads, driveways, parking areas or other development, or which is not set aside as private yards, patios or gardens for the residents, shall be common open space. The area of the common open space shall equal at least 30% of the total area of the active adult community tract. Such land shall have a shape, dimension, character and location suitable to assure its use for park, recreation, conservation or agricultural purposes by all the residents of the development. (2) Suitable and usable outdoor recreational area or areas shall be provided for the use of tenants. At least 1,000 square feet per dwelling unit must be usable open space for active and passive recreation. [This amount may be included in the thirty-percent common open space requirement set forth in Subsection N(1) above.] Such space shall not include wetlands as determined by the Conservation Commission. Usable open space may be defined to include land for community gardens, hiking/jogging paths, tennis courts, swimming pools or similar facilities. (3) Further subdivision of common open land or its use for other than recreation, conservation, or agriculture, except for easements for underground utilities shall be prohibited. (4) Provision shall be made so that the common open space shall be owned in common and readily accessible to the owners and residents of all units in the development or by a membership corporation, trust or association whose members are the owners and residents of the units. In all cases the common open space shall be subject to a perpetual restriction running to or enforceable by the Town which shall be recorded in respect to such land. Such restriction shall be in such form and substance as the Planning Board shall prescribe, and may contain such additional restrictions on development as the Planning Board may deem appropriate. 0. Community association. (1) An owners' association shall be established requiring membership of each unit owner in the Low Density Multi-Family community. The association shall be responsible for the permanent maintenance of communal water, sewage, recreational and thoroughfare facilities. An association agreement or covenant shall be submitted with the application guaranteeing the continuing maintenance of such common utilities, land and facilities, assessing each unit a share of maintenance expenses. Such agreement shall be subject to the review and approval of Agawam legal counsel and the Planning Board and shall be recorded in the Hampden County Registry of Deeds. (2) Such agreements or covenants shall provide that in the event that the association fails to maintain the common facilities in reasonable order and condition in accordance with the agreement, the Town may, after notice to the association and public hearing, enter upon such land and maintain it in order to preserve the taxable value of the properties within the development and to prevent the common land from becoming a public nuisance. The covenants shall also provide that the cost of such maintenance by the Town shall be assessed ratably against the properties within the development. P. Project identification. (1) As a condition of its approval, the Planning Board may permit a sign showing the project name to be permanently affixed at each entrance to the development, which shall be designed to be compatible with the character of the development and the surrounding neighborhood. Each sign shall be of a size and design to be approved by the Planning Board, provided that no such sign shall exceed 32 square feet in size. (2) All streets shall be posted with standard street signs, and all street names shall be approved by the Planning Board. Dwelling units shall be assigned street numbers as assigned by the Assessor's Office. Q. Enforcement. (1) As a condition of its approval, the Planning Board may establish time limits for any development or phases thereof. (2) Before any building permits are issued for buildings in a given phase, the developer may be required to provide the Town with performance security in a form and amount satisfactory to the Planning Board to guarantee the construction of required site improvements. R. Waivers. The Planning Board may waive or modify any requirement of this section for compelling reasons of safety, aesthetics or site design. AGAWAM CITY COUNCIL 36 MAfN STREET AGAWAM, MASSACHUSETTS 01001 LEGAL NOTICE LEGAL NOTICE PUBLIC HEARING -AGAWAM CITY COUNC.IL PRESIDENT Christopher C Johnson The Agawam City'Council will conduct a public hearing on Monday, VICE PRESIDENT June 3, 2013, at 7:00pm, at the Roberta G. Doering School, 68 Main Dennis J Perry Street, Agawam, MA on TOR-2013-5 which is an Ordinance Amending §180 of the Agawam Zoning Ordinance Entitled "Article COUNCILORS XII. Floodplain Zone" as submitted to the Agawam City Council -by George Bitzas the Planning Board. TOR-2013-5 is available for public inspection at Cecilia P. Calabrese the City Cleik's Office and the Planning Department, 36 Main Street, Paul C Cavallo Agawam, MA between the hours of 8:30am to 4:30pm, Monday James P. Cichetti through Friday. Gina M Letellier Robert A. Magovern Joseph Mineo Donald M. Rheault Robert E. Rossi BY ORDER OF- Christopher C. Johnson ADMIMSTRATWE ASSISTANT President of the Agawam City Council Barbara A. Bard TO BE ADVERTISED ON 5/9/13 and 5/16/13 TELEPHONE (413) 726-9716 FAX (413) 726-9717 EMAIL bbard@agawam.ma.us F A AGAWAM CITY COUNCIL T R 3 6 N1 A I NN S AGAWAM, MASSACHUSETTS 01001 May 30, 20 13 I,la[imng Board Town Hall PRESIDENT 36 Main S(rect Christopher G johnson Agawam, MA. 01001 VICE PRESIDENT Re: rOR-2013-6, ZC-2013-2, ZC-2013-3, ZC-2013-4 Dennis J Perry Dear Memben-s Ofthe Agawam Planning Board: COUNCILORS George Bit--us 11ricil meeting of May 20, 2013, tile A�R!I%Valtl Cil\ Cecilia A Calubrese AL its regularly schedUlod City CO aill Planning) 1�oard For Illem to ImI'd N?11 C cavallo Council referred tile following iteins to the Agawi al I �ct .1 James P, Cichew respective public hearings and make a recorntnendation� Tile City CoUncil s) , _) 11 ".1lich to Ilold their public hearings Oil t1le sanle- Gina Nt. Lelelfier date Of J Lily 8, 201 3 0 Ruberr,4. Afagovern 111-1-2013-9 (TOR-200-6) — An Ordinance to Allicnd tile Code (fl' HIL: Joseph Iv[ineo awam Zonin- Ordinances by §180 Article XVI (Residence A-6: Donald,V. Rhomilt Town of Ag Z�l - Robert E. Rossi Low Density M Lill i-Fam I ly Community . 1,, -eel 0 1111-2013-9 (ZC-20�J--2)- A 1,etition f,(),. /,one Change 1,01 11 wned 1)1\ Aj).NjjjNISTRA,rivF N WST, LI,C Jouited at 26 North Westfield Street ,kSSISTANT for Parcel Barbara/I. Bard PI-1-201 3)-10 (ZC-2013-3) - A Petition 1`01- Zone Change Owned by NkVST, L-1-C located al 32 North Westfield Street 111-1-2013-11 (ZC-2013-4) - A Petition Ior Zone Change for Parcc� Owned by NWST, LLC located at 38 North Westfield Street I_)Ic, - If YOU liiveany questions, Ise do not Ilesilate to contact nle Sincerely, Christ 11 'r C 111son, President 7,,;Illl ity L11161 Agawam (413) 726-9716 CCJ/bb FAX (413) 726-9717 EMAIL cc: kill Council mard Co agawani.n7a.us Mayor Solicitor Town -of Agawam 36 Main Street Agawam, Masskhusetts 01001-1837 Tel. 413-786-0400 Fax 413.-786-9927 June 7, 2013 Christopher C. Johnson, President Dennis J. Perry,Vice President George Bitzas, Councilor Cecilia P. Calabrese, Councilor Paul C. Cavallo, Councilor James P. Cichetti, Councilor Gina M. Letellier, Councilor Robert A. Magovem, Councilor Jo'seph Mineo, Councilor Donald M. Rheault, Councilor Robert Rossi, Councilor Agawam Town Council 36 Main Street Agawam, MA 0 100 1 Dear Councilors: T' T,- �5 At its duly called meeting held on June.6, 2013, the Agawam Planning Board voted 4-0 to send�t posItive recommendation to the Town Council with .regard to the attached Zoning Amendment "Res.idence A-6". If you have any questions, please contact this.office at 786'-0400, extension 8738. . Sincerely, L'�ILI Travis P. Ward, Chairman AGAWAM PLANNING BOARD cc. Clerk, Solicitor, File TOR-2013-6 AN ORDINANCE TO AMEND THE CODE OF THE TOWS OF AGAWAM ZONING ORDINANCES §180 "ARTICLE XNq. WHEREAS, the Agawam Planning Board voted to act as petitioner for proposed zoning amendment to create a zone "Residence A-6,- Low Density Multi-Family Community;" and VVHEREAS, the Planning Board wishes to encourage low density multi-family development in the Town of Agawam; and WHEREAS, Residence A-6; Low Density Multi-Family Community zone will allow for greater flexibility and facilitate the construction, maintenance of streets, utilities and public services in a more economical and efficient manner; and W`HEREAS, Residence A-6; Low Density Multi-Family Community zone will conserve important natural features and permanently preserve open space; and WHEREAS, it is in the best interest of the Town of Agawam to create a Residence A-6; Low Density Multi-Family Community zone classification within the Town of Agawam. NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and amends and enacts the following amendments to the Code of the Town of Agawam: Amend the title of "Article XVI" to read "Article XVI: Open Space Residential Development; Age Restricted Housing; Low Density Multi- Family Community" Add the Following: See exhibit "A"which is attached hereto and incorporated by reference. DATED THIS OF 2012. PER ORDER OF THE AGAWAM CITY COUNCIL dChrnisber C. o son, President PR )EDOTGTOR-M AND LEGALITY Vincent Gfteia,)Solicitor EXHIBIT "A" §180-113 Residence A-6; Low Density M ulti-Family Community A. Purpose. It is the purpose of this district to allow for greater variety and flexibility in the development of housing types and to facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner while at the same time conserving important natural site features and permanently preserving open space. B. Application. (1) A site plan for a Low Density Multi-Family Community in conformance with § 180- 13 shall be submitted to the Planning Board. The following ackfitional information shall be required: (a) A development statement listing the development team, setting forth the development concept, including in tabular form the number of units, type, size (number of bedrooms, amount of living space, gross floor area), ground coverage and summary showing the area of residential development and common open space as a percentage of the total area. (b) A development site plan of the entire tract in accordance with the requirements of this section and meeting, to the extent applicable, the requirements set forth for a definitive plan in the Agawam Subdivision Rules and Regulations. (c) Architectural rendering of the site plans and typical structures, including floor plans and elevations. (d) A traffic study will be required. This study shall be performed by a professional engineer registered in the Commonwealth of Massachusetts. It may include, at the discretion of the Planning Board, analysis of existing and proposed traffic conditions, driveway design, traffic signal warrant analysis, parking lot size and layout recommendations, a description of impacts on local and regional traffic due to the development, including an area and for a build-out time period as prescribed by the Planning Board. Depending on the location of the proposed curb cut, existing traffic characteristics and the volume of traffic generated by the proposal, a traffic signal may be warranted at one or all points of access. Any traffic control devices to serve the development would be designed, funded, and constructed by the project proponent at the time of the initial development or by the homeowners's association in the future. If, as a result of the traffic study, off- site traffic remediation is determined to be warranted, it shall be the responsibility of the project proponent. If the number of parking stalls required in the parking analysis exceed the number required in the Town Code, the larger number shall be required. (e) An engineering report regarding the adequacy of sewage disposal, water supply and stormwater drainage, including the impact of the proposed design on the existing municipal utility infrastructure of the Town. (f) Marketing and management information, including unit selling prices, construction schedule, and phasing schedule. (2) Said application shall contain sufficient information so that the Planning Board can determine the applicability of said application for the following items: (a) Is consistent with the Master Plan of the Town of Agawam; (b) Preserves and protects the character of the Town and especially the immediate neighborhood, giving due consideration to such features as public safety, including traffic control and traffic impact upon surrounding roads; development of adequate facilities for the use of the residents of said proposal, adequate fire protection, public health including sewage disposal, drainage and water supply; and the compatibility of the size, location, architecture and landscaping of said project with the adjacent neighborhood and the Town; (c) Minimizes potential adverse environmental impacts upon the Town; (d) Is likely to result in a financially stable, soundly and attractively constructed and well managed and maintained project; and (e) Conforms to the specific provisions of this chapter, including the design guidelines of this section. (3) Said site plan approval shall not be issued unless the Planning Board affirmatively determines that each of the above-listed criteria is met by said applicant. D. Use regulations. The following uses shall be permitted in a Low Density Multi- Family Community: (1) One-family detached dwellings. (2) Two-family-detached dwellings. (3) Recreational uses and community facilities, such as parks, gardens, swimming pools, tennis courts, clubhouses and community buildings. (4) Accessory uses customarily incidental and subordinate to the principal uses listed above, but expressly excluding any commercial or retail enterprises. E. Dimensional requirements. A Low Density Multi-Family Community shall comply with the following dimensional requirements: (1) Minimum parcel size. The total parcel shall have a minimum area of not less than 10 acres. (2) Minimum parcel frontage. The total parcel shall have a minimum frontage on a public way of at least 150 feet. (3) Front, side and rear yards. The minimum front yard (setback) shall be 25 feet from the interior paved way. The minimum front yard (setback) shall be 50 feet where it abuts a public way only. The side yard and rear yard requirements shall be 50 feet inclusive of a landscaped buffer strip of not less than 15 feet and shall pertain only to the periphery of the development. Additional buffering may be required in sensitive areas at the discretion of the Planning Board. The Planning Board may modify or waive the buffering requirement where variations in topography, natural features and vegetation, or compatible land uses obviate the need for such a buffer. [Amended 12-4-2006 by TOR-2006-12] F. Density regulations. The maximum number of dwelling units permitted within a Low Density Multi-Family community shall be determined by the Planning Board to assure compliance with the purpose and intent of these regulations, and in any event shall not exceed an average of four units per acre of usable land area. G. Building requirements. (1) Building character, The Low Density Multi-Family community shall be an architecturally integrated development. An architectural theme shall be carried out by the use of common building materials, color, exterior detailing, bulk and/or rooflines. Design characteristics shall be stated in the development application and shall include, but not be limited to, building materials, architectural design, and street furniture, which shall require Planning Board approval. (2) Building location. Building location and orientation shall reflect: (a) The relationship to street line and to other buildings in the development if in close proximity, in order to protect privacy and create visual coherence. (b) Views, solar access and access to common open space in order to enhance an occupant's interest. (c) Organization of large developments into recognizable subareas in order to provide scale and identity. (d) Avoidance of major topography changes and destruction of significant natural site features, including removal of native trees or vegetation, in order to preserve and protect the environment. (e) Reduction of visual intrusion into abutting properties in order to protect existing character to the extent practicable. (3) Community facility. Unless waived by the Planning Board, the development shall establish a community room or facility for use by the residents, Such facility may provide community space for mail, indoor recreation, meetings, and other functions held by the residents. H. Maximum building height. The maximum height of structures shall be two stories or 35 feet above the ground. 1. Minimum setback distance between buildings. The minimum setback distance between buildings shall be 30 feet. J. Stairways. All egress stairways are to be contained within the building structure proper. K. Utilities. (1) Each dwelling in a Low Density Multi-Family community shall be provided with access drainage and utilities that are functionally equivalent to that provided under the Planning Board's Subdivision Regulations. All utilities shall be placed underground. (2) All dwelling units shall be serviced by a public water supply deemed adequate for fire protection and domestic use. (3) All dwelling units shall be connected to public sewers if available. If public sewers are not available, all dwelling units shall be serviced with on-site sewage disposal systems which shall be designed to meet the requirements of approval from the Agawam Board of Health and/or the Massachusetts Department of Environmental Protection as necessary. (4) All outdoor lighting in the development shall be designed to improve visibility, safety and a sense of security while minimizing energy use, operating costs, glare and light pollution. Outdoor lighting shall be designed to prevent misdirected or excessive artificial light. Building areas shall not be floodlit. Roadways, parking areas, walkways and other public areas shall be illuminated only by properly positioned, high-efficiency, full-cutoff-shielded lighting fixtures not higher than 15 feet in height. L. Parking and circulation requirements. (1) There shall be an adequate, safe and convenient arrangement of pedestrian circulation, roadways, driveways and parking. (2) Vehicular access to the Low Density Multi-Family community shall be provided from an existing public way which, in the opinion of the Planning Board, is adequate to service the proposed development. As a matter of public safety, an additional access may be required. (3) All roads within the Low Density Multi-Family community shall'be privately owned and maintained and shall be designed with sufficient width, suitable grade and adequate construction to safely provide for the needs of vehicular traffic generated by the development. Access roads shall be designed and constructed according to the requirements of the Agawam Subdivision Rules and Regulations or as otherwise modified by the Planning Board. (4) Garages or off-street parking spaces, or a combination thereof, shall be provided for all occupants, employees, and visitors, and shall be not less than two garage spaces per dwelling unit. Road widths and other factors will be evaluated when considering on-street parking. (5) The development shall be served by sidewalks in accordance with the Planning Board Subdivision Rules and Regulations. The use of exterior stairs and raised curbing in areas where there will be pedestrian activity shall be minimized. M. Landscaping requirements. (1) A coordinated landscape design for the entire project area, including landscaping of structures, parking areas, driveways and walkways, and buffer strips shall be submitted for approval by the Planning Board. (2) Wherever possible, existing trees and vegetative cover shall be conserved and . integrated into the landscape design. (3) Proper maintenance of"the landscaping, including the buffer strip, shall be the responsibility of the owner, and shall be a condition of conformance with the Zoning Bylaws. N. Common open space requirements. (1) All land within the Low Density Multi-Family community which is not covered by buildings, roads, driveways, parking areas or other-development, or which is not set aside as private yards, patios or gardens for the residents, shall be common open space, The area of the common open space shall equal at least 30% of the total area of the active adult community tract. Such land shall have a shape, dimension, character and location suitable to assure its use for park, recreation, conservation or agricultural purposes by all the residents of the development. (2) Suitable and usable outdoor recreational area or areas shall be provided for the use of tenants. At least 1,000 square feet per dwelling unit must be usable open space for active and passive recreation. [This amount may be included in the thirty-percent common open space requirement set forth in Subsection N(1) above.] Such space shall not include wetlands as determined by the Conservation Commission. Usable open space may be defined to include land for community gardens, hiking/jogging paths, tennis courts, swimming pools or similar facilities. (3) Further subdivision of common open laind or its use for other than recreation, conservation, or agriculture, except for easements for underground utilkies shall be prohibited. (4) Provision shall be made so that the common open space shall be owned in common and readily accessible to the owners and residents of all units in the development or by a membership corporation, trust or association whose members are the owners and residents of the units. In all cases the common open space shall be subject to a perpetual restriction running to or enforceable by the Town which shall be recorded in respect to such land. Such restriction shall be in such form and substance as the Planning Board shall prescribe, and may contain such additional restrictions on development as the Planning Board may deem appropriate. 0. Community association. (1) An owners' association shall be established requiring membership of each unit owner in the Low Density Multi-Family community. The association shall be responsible for the pen-nanent maintenance of communal water, sewage, recreational and thoroughfare facilities. An association agreement or covenant shall be submitted with the application guaranteeing the continuing maintenance of such common utilities, land and facilities, assessing each unit a share of maintenance expenses, Such agreement shall be subject to the review and approval of Agawam legal counsel and the Planning Board and shall be recorded in the Hampden County Registry of Deeds. (2) Such agreements or covenants shall provide that in the event that the association fails to maintain the common facilities in reasonable order and condition in accordance with the agreement, the Town may, after notice to t'he association and public hearing, enter upon such land and maintain it in order to preserve the taxable value of the properties within the development and to prevent the common land from becoming a public nuisance. The covenants shall also provide that the cost of such maintenance by the Town shall be assessed ratably against the properties within the development. P. Project identification. (1) As a condition of its approval, the Planning Board may permit a sign showing the project name to be permanently affixed at each entrance to the development, which shall be designed to be compatible with the character of the development and the surrounding neighborhood. Each sign shall be of a size and design to be approved by the Planning Board, provided that no such sign shall exceed 32 square feet in size. (2) All streets shall be posted with standard street signs, and all street names shall be approved by the Planning Board. Dwelling units shall be assigned street numbers as assigned by the Assessors Office. Q. Enforcement. (1)As a condition of its approval, the Planning Board may establish time limits for any development or phases thereof. (2) Before any building permits are issued for buildings in a given phase, the developer may be required to provide the Town with performance security in a form and amount satisfactory to the Planning Board to guarantee the construction of required site improvements. R. Waivers. The Planning Board may waive or modify any requirement of this section for compelling reasons of safety, aesthetics or site design. TOR-2013-6 AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING ORDINANCES §180 "ARTICLE XV1. WHEREAS, the Agawam Planning Board voted to act as petitioner for proposed zoning amendment to create a zone "Residence A-6; Low Density Multi-Family Community;" and WHEREAS, the Planning Board wishes to encourage low density multi-family development in the Town of Agawam; and WHEREAS, Residence A-6; Low Density Multi-Family Community zone will allow for greater flexibility and facilitate the construction, maintenance of streets, utilities and public services in a more economical and cfficient manner; and WHEREAS, Residence A-6; Low Density Multi-Family Community zone will conser-Ve important natural features and permanently preserve open space; and WHEREAS, it is in the best interest of the Town of Agawam to create a Residence A-6; Low Density Multi-Farnily Community zone classification within the Town of Agawam. NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and amends and enacts the following amendments to the Code of the Town of Agawam: Amend the title of"Article XVI" to read "Article XVI: Open Space Residential Development; Age Restricted Housing; Low Density Multi- Family Community" Add the Following: See exhibit "A" which is attached hereto and incorporated by reference. DATED THIS OF 2012. PER ORDER OF THE AGAWAM CITY COUNCIL Chris her C. o son, President re� M A PR ED T(Y'FORM AND LEGALITY incent I Solicitor EXHIBIT "A" §180-113 Residence A-6; Low Density Multi-Family Community A, Purpose. It is the purpose of this district to allow for greater variety and flexibility in the development of housing types and to facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner while at the same time conserving important natural site features and permanently preserving open space. B. Application. (1) A site plan for a Low Density Multi-Family Community in conformance with § 180- 13 shall be submitted to the Planning Board. The following additional information shall be required: (a) A development statement listing the development team, setting forth the development concept, including in tabular form the number of units, type, size (number of bedrooms, amount of living space, gross floor area), ground coverage and summary showing the area of residential development and common open space as a percentage of the total area. (b) A development site plan of the entire tract in accordance with the requirements of this section and meeting, to the extent applicable, the requirements set forth for a definitive plan in the Agawam Subdivision Rules and Regulations. (c) Architectural rendering of the site plans and typical structures, including floor plans and elevations. (d) A traffic study will be required. This study shall be performed by a professional engineer registered in the Commonwealth of Massachusetts. It may include, at the discretion of the Planning Board, analysis of existing and proposed traffic conditions, driveway design, traffic signal warrant analysis, parking lot size and layout recommendations, a description of impacts on local and regional traffic due to the development, including an area and for a build-out time period as prescribed by the Planning Board. Depending on the location of the proposed curb cut, existing traffic characteristics and the volume of traffic generated by the proposal, a traffic signal may be warranted at one or all points of access. Any traffic control devices to serve the development would be designed, funded, and constructed by the project proponent at the time of the initial development or by the homeowners's association in the future. If, as a result of the traffic study, off- site traffic remediation is determined to be warranted, it shall be the responsibility of the project proponent. If the number of parking stalls required in the parking analysis exceed the number required in the Town Code, the larger number shall be required. (e) An engineering report regarding the adequacy of sewage disposal, water supply and stormwater drainage, including the impact of the proposed design on the existing municipal utility infrastructure of the Town. (f) Marketing and management information, including unit selling prices, construction schedule, and phasing schedule. (2) Said application shall contain sufficient information so that the Planning Board can determine the applicability of said application for the following items: (a) Is consistent with the Master Plan of the Town of Agawam, (b) Preserves and protects the character of the Town and especially the immediate neighborhood, giving due consideration to such features as public safety, including traffic control and traffic impact upon surrounding roads; development of adequate facilities for the use of the residents of said proposal; adequate fire protection, public health including sewage disposal, drainage and water supply; and the compatibility of the size, location, architecture and landscaping of said project with-the adjacent neighborhood and the Town; (c) Minimizes potential adverse environmental impacts upon the Town; (d) Is likely to result in a financially stable, soundly and attractively constructed and well managed and maintained project; and (e) Conforms to the specific provisions of this chapter, including the design guidelines of this section. (3) Said site plan approval shall not be issued unless the Planning Board affirmatively determines that each of the above-listed criteria is met by said applicant. D. Use regulations. The following uses shall be permitted in a Low Density Multi- Family Community: (1) One-family detached dwellings. (2) Two-family detached dwellings. (3) Recreational uses and community facilities, such as parks, gardens, swimming pools, tennis courts, clubhouses and community buildings. (4) Accessory uses customarily incidental and subordinate to the principal uses listed above, but expressly excluding any commercial or retail enterprises. E. Dimensional requirements. A Low Density Multi-Family Community shall comply with the following dimensional requirements: (1) Minimum parcel size. The total parcel shall have a minimum area of not less than 10 acres. (2) Minimum parcel frontage. The total parcel shall have a minimum frontage on a public way of at least 150 feet. (3) Front, side and rear yards. The minimum front yard (setback) shall be 25 feet from the interior paved way. The minimum front yard (setback) shall be 50 feet where it abuts a public way only. The side yard and rear yard requirements shall be 50 feet inclusive of a landscaped buffer strip of not less than 15 feet and shall pertain only to the periphery of the development. Additional buffering may be required in sensitive areas at the discretion of the Planning Board. The Planning Board may modify or waive the buffering requirement where variations in topography, natural features and vegetation, or compatible land uses obviate the need for such a buffer. [Amended 12-4-2006 by TOR-2006-12] F. Density regulations. The maximum number of dwelling units permitted within a Low Density Multi-Family community shall be determined by the Planning Board to assure compliance with the purpose and intent of these regulations, and in any event shall not exceed an average of four units per acre of usable land area. G. Building requirements. (1) Building character. The Low Density Multi-Family community shall be an architecturally integrated development. An architectural theme shall be carried out by the use of common building materials, color, exterior detailing, bulk and/or rooflines. Design characteristics shall be stated in the development application and shall include, but not be limited to, building materials, architectural design, and street furniture, which shall require Planning Board approval. (2) Building location. Building location and orientation shall reflect: (a) The relationship to street line and to other buildings in the development if in close proximity, in order to protect privacy and create visual coherence. (b) Views, solar access and access to common open space in order to enhance an occupant's interest. (c) Organization of large developments into recognizable subareas in order to provide scale and identity. (d) Avoidance of major topography changes and destruction of significant natural site features, including removal of native trees or vegetation, in order to preserve and protect the environment. (e) Reduction of visual intrusion into abufting properties in order to protect existing character to the extent practicable. (3) Community facility. Unless waived by the Planning Board, the development shall establish a community room or facility for use by the residents. Such facility may provide community space for mail, indoor recreation, meetings, and other functions held by the residents, H. Maximum building height. The maximum height of structures shall be two stories or 35 feet above the ground. 1. Minimum setback distance between buildings. The minimum setback distance between buildings shall be 30 feet. J. Stairways. All egress stairways are to be contained within the building structure proper. K. Utilities. (1) Each dwelling in a Low Density Multi-Family community shall be provided with access drainage and utilities that are functionally equivalent to that provided under the Planning Board's Subdivision Regulations. All utilities shall be placed underground. (2) All dwelling units shall be serviced by a public water supply deemed adequate for fire protection and domestic use. (3) All dwelling units shall be connected to public sewers if available. If public sewers are not available, all dwelling units shall be serviced with on-site sewage disposal systems which shall be designed to meet the requirements of approval from the Agawam Board of Health and/or the Massachusetts Department of Environmental Protection as necessary. (4) All outdoor lighting in the development shall be designed to improve visibility, safety and a sense of security while minimizing energy use, operating costs, glare and light pollution. Outdoor lighting shall be designed to prevent misdirected or excessive artificial light. Building areas shall not be floodlit. Roadways, parking areas, walkways and other public areas shall be illuminated only by properly positioned, high-efficiency, full-cutoff-shielded lighting fixtures not higher than 15 feet in height. L. Parking and circulation requirements. (1) There shall be an adequate, safe and convenient arrangement of pedestrian circulation, roadways, driveways and parking. (2) Vehicular access to the Low Density Multi-Family community shall be provided from an existing public way which, in the opinion of the Planning Board, is adequate to service the proposed development. As a matter of public safety, an additional access may be required. (3) All roads within the Low Density Multi-Family community shall be privately owned and maintained and shall be designed with sufficient width, suitable grade and adequate construction to safely provide for the needs of vehicular traffic generated by the development. Access roads shall be designed and constructed according to the requirements of the Agawam Subdivision Rules and Regulations or as otherwise modified by the Planning Board. (4) Garages or off-street parking spaces, or a combination thereof, shall be provided for all occupants, employees, and visitors, and shall be not less than two garage spaces per dwelling unit. Road widths and other factors will be evaluated when considering on-street parking. (5) The development shall be served by sidewalks in accordance with the Planning Board Subdivision Rules and Regulations. The use of exterior stairs and raised curbing in areas where there will be pedestrian activity shall be minimized. M. Landscaping requirements. (1) A coordinated landscape design for the entire project area, including landscaping of structures, parking areas, driveways and walkways, and buffer strips shall be submitted for approval by the Planning Board. (2) Wherever possible, existing trees and vegetative cover shall be conserved and integrated into the landscape design. (3) Proper maintenance of the landscaping, including the buffer strip, shall be the responsibility of the owner, and shall be a condition of conformance with the Zoning Bylaws. N. Common open space requirements. (1) All land within the Low Density Multi-Family community which is not covered by buildings, roads, driveways, parking areas or other development, or which is not set aside as private yards, patios or gardens for the residents, shall be common open space. The area of the common open space shall equal at least 30% of the total area of the active adult community tract. Such land shall have a shape, dimension, character and location suitable to assure its use for park, recreation, conservation or agricultural purposes by all the residents of the development. (2) Suitable and usable outdoor recreational area or areas shall be provided for the use of tenants. At least 1,000 square feet per dwelling unit must be usable open space for active and pass ive'recreat i on. [This amount may be included in the thirty-percent com�non open spare requirement set forth in Subsection N(1) above.]'Such space shall not include wetlands as determined by the Conservation Commission, Usable open space may be defined to include land for community gardens, hiking/jogging paths, tennis courts, swimming pools or similar facilities. (3) Further subdivision of common open land or its use for other than recreation, conservation, or agriculture, except for easements for underground utilities shall be prohibited. (4) Provision shall be made so that the common open space shall be owned in common and readily accessible to the owners and residents of all units in the development or by a membership corporation, trust or association whose members are the owners and residents of the units. In all cases the common open space shall be subject to a perpetual restriction running to or enforceable by the Town which shall be recorded in respect to such land. Such restriction shall be in such form and substance as the Planning Board shall prescribe, and may contain such additional restrictions on development as the Planning Board may deem appropriate. 0. Community association. (1) An owners' association shall be established requiring membership of each unit owner in the Low Density Multi-Family community. The association shall be responsible for the permanent maintenance of communal water, sewage, recreational and thoroughfare facilities. An association agreement or covenant shall be submitted with the application guaranteeing the continuing maintenance of such common utilities, land and facilities, assessing each unit a share of maintenance expenses. Such agreement shall be subject to the review and approval of Agawam legal counsel and the Planning Board and shall be recorded in the Hampden County Registry of Deeds. (2) Such agreements or covenants shall provide that in the event that the association fails to maintain the common facilities in reasonable order and condition in accordance with the agreement, the Town may, after notice to the association and public hearing, enter upon such land and maintain it in order to preserve the taxable value of the properties within the development and to prevent the common land from becoming a public nuisance. The covenants shall also provide that the cost of such maintenance by the Town shall be assessed ratably against the properties within the development. P. Project identification. (1) As a condition of its approval, the Planning Board may permit a sign showing the project name to be permanently affixed at each entrance to the development, which shall be designed to be compatible with the character of the development and the surrounding neighborhood. Each sign shall be of a size and design to be approved by the Planning Board, provided that no such sign shall exceed 32 square feet in size. (2) All streets shall be posted with standard street signs, and all street names shall be approved by the Planning Board. Dwelling units shall be assigned street numbers as assigned by the Assessor's Office. Q. Enforcement. (1) As a condition of its approval, the Planning Board may establish time limits for any development or phases thereof. (2) Before any building permits are issued for buildings in a given phase, the developer may be required to provide the Town with performance security in a form and amount satisfactory to the Planning Board to guarantee the construction of required site improvements. R. Waivers. The Planning Board may waive or modify any requirement of this section for compelling reasons of safety, aesthetics or site design.