TOR-2013-8 MIXED USE BUSINESS DISTRICT ORDINANCE pis - �n .
kgal Noticcs
LEGAL NOTICE 11/28,12/5/13 surely on the bond.
AGAWAM The estate is being�
CITY COUNCIL Commonwealth of administered under informal
The Agawam City Coun- Massachusetts procedure by the Personal
cil will hold a public hear- The Trial Court Representative under the i
ing on Monday, December Probate and Family Court Massachusetts Uniform Pro-i
16, 2013 at 7:00 PM Tt Itfie Hampden Division bate Code without supervi-i
Roberla G. Doering School, 50 State Street sion by the Court. Inventory
68 Main Street, Agawam, Springfield,MA 01103 and accounts are not required
MA. The purpose of this (413)748-8600 to be filed with the Court,I
hearing will be to hear the Docket No.HD13P2230EA but interested parties- are,
petition of the Agawam Plan- Estate of- - entitled to notice regard-1
ning Board on a proposed Claire Alice Gedney ing the administration from i
zoning amendment to Section Also Known As: the Personal Representative i
180 of the Agawam Zoning Claire A.Gedney and can petition the Court I
Ordinance by adding a new Date of Death: 10/12113 in any matter relating to thei
district entitled "Mixed Use INFORMAL PROBATE estate, including distribu-,
Business C District." A PUBLICATION NOTICE tion of assets and expenses i
copy of the proposal can be To all persons interested of administration. Interested
obtained from the Agawam in the above captioned estate, parties are entitled to petition
Planning Office between by Petition of Petitioner John the Court to Institute formal
the hours of 8:30 AM and V. Gedney, Jr. of Agawam proceedings and to obtain
4:30 PM in the Agawam MA orders terminating or restrict-
Town Hall, 36 Main Street. John V. Gedney, Jr. of ing the powers of Personal
Agawam.M A. Agawam MA has been Representatives appointed
BY ORDER OF: informally appointed as the under informal procedure. A
Christopher C.Johnson Personal Representative of copy of the Petition and Will,
City Council President the estate to serve without if any, can be obtained from
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F AG
AGAWAM CITY COUNCIL
j, "10 .
36 MAIN STRF-ET
AGAWAM, -N4ASSACHUSFTTS 01001
TED
November 27, 201
A�mwam Plannim, Board
I-own 1-1,111
PIZESIDENT 36 Main Strect
Auawmil, NIA. 01001
Christopher C.Johnson
VICE PRESIDENT Re: TOR-2013-8
Dennis J. Perry
Deav Nicnibers ofthe A—.mlmil Pkumim- Bmird:
COUNCILORS
George Bitzas Al )IS I'CIU-111:11-1 V SCIMILI led C6, Comicil mcut Hig, o1'No%,-cmbvr IS. 20 13. 111c Agawam
Cecilia P. Calabrese Cil)' COL11161 1'06-1-Cd Ille 1'011o\v1w,,, ilem to the Agawam Planning Board for them 10
Paul C. Cavallo hold a public hearim, wid mak-c a recommendation. T11C CitV COL11161 11SO SCI I (IMC
Joines A Cicirefti ofDccember 16. 201c3 011 Whidl (0 hold (1161- J)Ublic licarin- on the same.
Gina M. Letellier
Robert A. Magovern PI 1-2013-16 (FOR-2013-8) — An Ordi ance to Amclid 111c code 01,tht�
'Joseph Mineo Town ol'Apmlam Z-011 im, ord immce� §I 801-.1,N1 ixed Use BLISiUSS DISH-i�J.
Donald,U. Rheuldl Z=
Robert E Rossi
11'�'OLI h',1VQ Mly Ljk1QS0i011S, 111C�ISC (10 1101 11C�k,11C 10 C01wict 111v-
ADMINISTRATIVF,
A S S I STA NT
Barbara A. Bard
Chj-1S10j)hC-j-C-101111SO11. P]'QSidLu:)
Agawam Cil)' COL11161
CC.1/bb
cc: 17LIll COLM61
Mayor
Sakilor
TELEPHONE
(413) 726-9716
rAX
(413) 726-9717
EMAIL
bbard@ agmt,anuna.us
EXHIBIT A TO TOR-2013r8
ARTICLE XIX
MIXED USE BUSINESS C DISTRICT
180-139Scope
To regulate Mixed Use Development in appropriate areas of the Town and to protect the public
health, safety, and general welfare in the Town of Agawam by establishing controls that will
facilitate flexible development while protecting the public interest.
180-140 Purposes
A. The purpose of this ordinance is to foster a greater opportunity for creative development by
providing guidelines which encourage a mix of uses compatible with existing and neighboring
properties; to provide housing and business uses in-locations where a variety of town services
are available; to promote utilization of existing buildings and property, and to encourage the
provision of open areas. The intent, furthermore, is to encourage interaction among activities
located within a Mixed Use Development, to enhance business vitality, reduce vehicular traffic,
provide employment opportunities for residents close to home, ensure the compatibility with
each other of the commercial, and residential uses, ensure that the appearance and effects of
buildings and uses are harmonious with the character of the area in which they are located by:
1 Allowing a diversity of uses in close proximity in the district within a limited area, including
residential, commercial, and office;
2. Accommodating mixed-use buildings with neighborhood-serving retail, service and other
uses on the ground floor and residential units above;
3. Encouraging development that exhibits the physical design characteristics of pedestrian-
oriented storefront-style shopping streets;
4. Promoting the opportunity for people to work, meet, shop and utilize services in the
vicinity of their residences;
5. Providing opportunities for the development of affordable housing;
6. Providing opportunities for a mixture of uses in the same building;
7. Promoting a positive pedestrian environment in the district;
8, Facilitating integrated physical design;
9. Promoting a high level of design quality;
10. Encouraging the development of flexible space for small and emerging businesses;
11. Facilitating development proposals responsive to current and future market conditions;
and
12. Encouraging the development of open spaces and parks within the district to
accommodate workers, residents, pedestrians, and shoppers.
4
180-141 Establishment and Administration
A. The Agawam Mixed Use Business C District shall include the properties listed below. These
properties are included by reason of their potential to provide a flexible development area
aligned with the purpose of this Article.
Assessor's Map, Block and Lot
114-5-34
115-9-1
J15-1-1
J 15-1-2
J 15-1-3
J 15-4-1
J 15-4-2
J 15-4-3
J 15-4-4
J 14-3-3
J 14-3-4
J 14-3-5
J 14-3-7
J 14-4-1
J 14-4-2
J 14-4-3
J 14-4-5
J 14-4-6
J 14-4-7
J14-4-8
J14-4-9
B. The provisions of this Section 180-144 shall -be administered by the Planning Board, except as
otherwise provided herein.
C. The Planning Board may waive any information requirements it judges to be unnecessary to
the review of a particular plan. Such waiver decisions must be documented in writing by the
Planning Board.
180-142 Definitions
A. The following definitions shall apply to all mixed use applications under these zoning
ordinances:
1. Assisted Living: Housing for adults, with services provided, such as meals, laundry, and
housekeeping.
2. Business Services: Services used in the conducting of business and commerce, including
only:
a. Consumer and mercantile credit reporting;
b. News services;
c. Research, development and testing;
d. Business management and consulting,
e. Insurance company service offices;
f. Real estate offices.
3. Cafd: A coffee house or small restaurant, often with an enclosed or outdoor section
extending onto the sidewalk
4. Driveway: A space, located on a lot, built for access to a garage or off-street parking or
loading space.
5. Fast Food Restaurant: An establishment whose principal business is the sale of pre-
prepared or rapidly prepared food directly to the customer in a ready-to-consume state for
consumption either within the restaurant building or off the premises. Orders are not
generally taken at the customer's table, and food is generally served in disposable
wrapping or containers.
6. Live-work Units: A live/work unit is defined as a single unit (e.g., studio, loft, or one
bedroom) consisting of both a commercial/office and a residential component that is
occupied by the same resident. The livetwork unit shall be the primary dwelling of the
occupant.
7. Lot Coverage: The area of a lot covered by the footprint of all structures, as well as decks,
balconies, porches, and similar architectural features, driveway areas, expressed as a
percentage of the total lot area.
8, Mixed Use Development: The development of a tract of land, building, or structure with two
(2) or more different uses such as, but not limited to, residential, office, commercial,
institutional, or entertainment, in a compact village form, with vehicular access to an
accepted public way. A proposed Mixed Use Development shall demonstrate that the
project shall be served by town water and sewer service upon completion of the proposed
development.
9. Odor: A strong and unpleasant smell, for example, a garbage or chemical smell.
10. Personal Services: Establishments primarily engaged in providing services involving the
care of a person or his/her apparel, including but not limited to:
a. Laundering, dry cleaning and garment services not exceeding 5,000 square feet of
floor area per establishment;
b. Coin operated laundries;
c. Shoe repair;
d. Photographic services;
e. Beauty and barber shop%
f. Apparel repair and alteration;
g. Funeral services;
h. Health clubs;
i. Clothing rental.
11, Professional Services: Services performed by professional persons for business and
personal use, including, but not limited to:
a. Medical and health offices 6nd clinics;
b. Planning;
c. Engineering and architectural;
d, Accounting-,
e. Auditing and bookkeeping;
f. Educational and scientific.
12. Senior and/or Handicapped Housing or Senior Apartments: Age-restricted multi-unit
housing for 55 and older adults, or handicapped persons, with self-contained living units for
older adults who are able to care for themselves, Usually no additional services such as
meals or transportation are provided,
13. Sit Down Restaurant: An eating establishment with turnover rates generally of at least one
hour or longer, serving food intended for consumption on the premises.
14. Treebelt: Can consist of tree planters, brick pavers, and benches with a minimum width of
five feet.
180-143Use Regulations
A. Uses Allowed by Right with Site Plan Review in a Mixed Use Development
1. Mixed use developments may be constructed in the Mixed Use Development Overlay
District with Site Plan Review by the Planning Board in accordance with s.180-13. The
following uses may be included by right with Site Plan Review within a mixed use structure in a
mixed use development:
a. Retail Uses;
b. Sit Down Restaurants;
c. Cafes and outdoor dining areas;
d. Multi-family Residential uses;
e. Home Occupations;
f. Professional Service Offices;
g. Personal Service Establishments;
h. Municipal Uses;
i. Banks or financial institutions, automated teller machines (ATMs);
j. Health club;
k. Townhouses (single family dwellings connected by one or more walls);
1. Cinema, theatre, or auditorium;
m. Park, recreation or playground;
n. Artist studio/residence;
o. Assisted living residential uses senior apartments, and senior housing;
p. Artisan manufacturing or production (hand tools only, e.g. jewelry or ceramics);
q. Civic uses;
r. Live/work units;
s. Multiple Uses in the same structure;
t. Bars and cocktail lounges.
The above uses are not allowed as stand-alone structures in this district.
B. Special Permit Uses in a Mixed Use Development
1. The following uses may be included within a mixed use development with the approval of a
Special Permit from the Board of Appeals in accordance with s, 180-11 and 180-12:
a. Hotel/Motel not exceeding 10 guest rooms per establishment;
b. Dry cleaning, linen cleaning, or diaper services which clean clothing articles on site;
c. Animal hospitals;
d. Drive-up service windows associated with banks, pharmacies or cafes;
e. Fast food restaurants.
2. Within a mixed use development, the above listed uses shall not be allowed as free
standing buildings.
C. Prohibited Uses in a Mixed Use Development
1. The following uses shall not be included within a Mixed Use Development:
a. Industrial uses;
b. Motor vehicle sales, maintenance and repair facilities;
c. Gasoline filling stations;
d. Adult entertainment uses;
e. Automobile or truck sales;
f. Junkyards.
D. Same-structure/On-site Mixed Use
1. Within an approved Mixed Use Development, there shall be no restriction on combining
different categories of use within the same building except any imposed by the State
Building Code or other federal, state, or local regulations.
2. No mixed use development shall have more than 75% of the total square footage in
the development used for residential uses, including multi-family uses, assisted living
and senior housing.
E. Special Permit Criteria for All Mixed Use Developments
1. All Mixed Use Developments requiring a Special Permit in Section 180-143(B) above must
meet the Special Permit requirements in Section 180-11 and the Site Plan Approval
requirements in Section 180-13.
2. All Mixed Use Developments requiring a Special Permit must also meet the following
additional Special Permit criteria:
a. The project complies with the additional Performance Standards for Mixed Use
Developments in Section 180-144 below.
b. The project is consistent with the purposes of this ordinance, as stated in Section 180-
140.
F. Dimensional Requirements
The dimensional requirements applicable to the Mixed Use Overlay District are shown in the
Table of Dimensional and Density Regulations below:
Table of Dimensional and Density Regulations for the Mixed Use, Business C District
Minimum Minimum Minimum Minimum Minimum Maximum Maximum Maximum Setback
Lot Area Frontage Front Side Rear Height Lot
Yard Yard Yard Coverage
0 S.f 25 feet 10 feet 0 feet 20 feet 45 feet/ 75% 15 feet
3 stories
180-144 Performance Standards for Mixed Use Developments
To the extent feasible, all Mixed Use Developments must meet the Performance Standards in
Sections 180-144 A-0 below.
No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes,
excessive odor, noise, vibration or excessive light violating the standards set forth in the
performance criteria in this Section 180-144 A-Q.
Any other performance standards of the town shall also apply to uses conducted under this Section
180-144 of the Agawam Zoning Ordinances.
A. Access and Traffic Impacts:
1. Traffic and safety impacts to the existing and proposed roads shall be minimized.
2. Access provided via shared curb cuts shall be encouraged. Curb cuts shall be as narrow
as is feasible, without resulting in traffic safety issues.
3. Pedestrian and vehicular traffic shall be separated and walkways shall be provided for
access to adjacent properties and between businesses.
4. Plans must illustrate provisions for safe automobile, pedestrian and bicycle circulation.
Provisions must be made for motor vehicle, bicycle, and pedestrian circulation connections
to adjacent lots,
5. The Planning Board shall require a detailed traffic study for the following uses:
a. high volume traffic generating uses with a trip generation rate over 700 vehicles/day
(based on Institute of Transportation Engineers rates found in Trip Generation);
b. the construction of a new Mixed Use Development structure of more than 25,000
square feet in gross floor area; and
c. any external enlargement that brings the Mixed Use Development total to 25,000
square feet gross floor area for all structures.
6. The Planning Board may waive any or all requirements for a traffic study for external
enlargements of less than 2,000 square feet of gross floor area in excess of the 25,000
square feet gross floor area threshold, The traffic impact statement shall contain:
a. The projected number of motor vehicle trips to enter or leave the site, estimated fo.r
daily and peak hour traffic levels;
b. The proposed traffic flow pattern for both vehicles and pedestrian access shall be
described and related to the site plan, including vehicular movements at all major
intersections likely to be affected by the proposed use of the site;
c. Traffic flow patterns at the site including entrances and.egresses, loading and
unloading areas, and curb cuts on site and within one hundred (100) feet of the site;
d. A detailed assessment of the traffic safety impacts of the proposed project or use on
the carrying capacity of any adjacent highway or road, including the projected number
of motor vehicle trips to enter or depart from the site estimated for daily hour and peak
hour traffic levels, road capacities and impacts on intersection. Existing daily and peak
hour traffic levels and road capacities shall also be given;
e. A parking lot vehicle traffic and pedestrian circulation plan shall be designed to
minimize conflicts and safety problems.
B. Noise:
1. In order to protect, preserve, and promote the health, safety, welfare, peace, and quiet of
the inhabitants of Agawam through the reduction, control, and prevention of such loud or
raucous noise that unreasonably disturbs, injures, or endangers the comfort, privacy,
repose, health, peace or safety of reasonable persons, all noise levels, measured at a
height of four feet(4') above the ground surface at all property lines, using a sound meter
which meets the most current American National Standards Institute's Specification for
Type 11 Sound Level Meters, must not exceed the following standards:
Time of Day Max. Sound Level (dB
7:00 a.m. to 7:00 p.m. 65*
7:00 p.m. to 11:00 p.m. 50
11:00 p.m. to 7:00 a.m. 45
*Note: 65 dba = normal conversation; 50 dba = noise level of a normal working
refrigerator; 45dba = a quiet library
2. These standards shall not apply to power tools and equipment(i.e. lawn mowers, leaf
blowers, sweepers, etc.) used in the normal maintenance of the site's outdoor areas (i.e.
lawn, garden, parking, etc.). Such outdoor maintenance shall be limited to between the
hours of 8:00 am 7:00 pm.
C. Emissions and Odors:
1. Emissions and odors shall be completely and effectively confined within the building, or so
regulated as to prevent any nuisance, hazard, or other disturbance from being perceptible
(without the use of instruments) at any lot line of the premises on which the use is located.
No emissions are permitted which can:
• cause any damage to health of humans, animals or vegetation
• cause excessive soiling
• result in odorous gases or odoriferous matter in such quantities as to be offensive
2. The determination of what emissions are in violation of this provision shall be made by the
Zoning Enforcement Officer or hisiher designee taking into consideration all of the
following:
• the level of the odor;
• the nature of the odor is usual or unusual;
• the origin of the odor is natural or unnatural;
• the level of the ambient odor;
• the proximity of the odor to living/sleeping facilities;
• the nature and zoning of the area from which the odor emanates and the area where it
is received;
• the duration of the odor; and whether the odor is recurrent, intermittent, or constant.
D. Lighting:
1. Lighting systems should be designed, constructed, and installed in a manner that controls
glare and light trespass, minimizes obtrusive light, conserves energy and resources while
maintaining safety, visibil�y, security of individuals and property and curtailing the
degradation of the nighttime visual environment, Evenly distributed lighting throughout a
site will minimize impacts on surrounding neighborhoods and increase efficiency. By
directing light where it is needed and only the intensity necessary to serve the intended
purpose, these standards will prevent glare and its harsh shadows and blind spots. All
lighting shall comply with the following:
• Except for approved exterior lighting, operations producing glare shall be conducted
entirely within an enclosed building, No direct or sky-reflected glare, whether from
floodlights or from high temperature processes such as welding shall be permitted
beyond its lot lines onto neighboring properties, or onto any street.
• Exterior lighting, including but not necessarily limited to lighting of exterior walls of
buildings from an external light source, lighting of parking areas, and lighting of walks
and drives shall be done in such a manner to direct light away from adjacent lots and
public ways.
• All outdoor light fixtures and illuminated signs shall be designed, located, installed and
directed in such a manner as to prevent light trespass beyond the property line, and
light above a ninety-degree horizontal plane, If necessary, an applicant may need to
provide photometric plans and/or manufacturing specification sheets to show
conformance with these standards
• All nonessential lighting, including display, parking, and sign lighting, shall be turned off
after business hours, leaving only the lighting necessary for site and pedestrian
security, crime prevention and streetlighting.
• All lighting shall be recessed and shielded to prevent off-site glare.
• Site lighting shall conform to the following output standards:
Maximum Site Average Footcandle at
ffootcandle) (footcandle) Property Line
5 2.5 0
E. Storage:
1. All materials, supplies and equipment shall be stored in accordance with Fire Prevention
Standards of the National Board of Fire Underwriters, and shall be screened from view from
public ways and abutting properties.
F. Waste Disposal:
1. Waste disposal shall follow state and town Board of Health regulations.
2. Storage of waste and waste facilities shall be screened from view from public ways and
neighboring properties.
3. Appropriate provisions shall be made for the disposal of trash, which may include, but shall
not be limited to, the provision of trash compactors within the building or on site, as well as
a signed annual contract for rubbish removal.
4. Dumping of clumpsters shall be limited to weekdays between the hours of 7AM and 1 1PM
only. Dumpsters must be fenced, gated and screened from view.
G. Load ing/Un load!ng:
1. The Planning Board may require that operations, including loading and unloading shall be
limited to weekdays between the hours of 7AM and 11 PM only.
2. Loading and unloading platforms and doorways specially designed for loading/unloading
are prohibited on the front side of any building.
H. Walkways:
1. For public convenience, a pedestrian and/or bicycle way or sidewalk system shall connect
all uses on the site, and otherwise provide appropriate circulation or continuity to an
existing pedestrian or bicycle circulation system. These uses include, but are not limited to
residential, parking, transit, bicycling, recreation, and commercial uses.
2. Walkways and sidewalks must conform to requirements of the Americans with Disabilities
Act(ADA) and the Massachusetts Architectural Access Board (MAAB).
3. Sidewalks are required along all town streets. A treebelt is required adjacent to sidewalk
areas. The Planning Board can waive treebelt requirements in situations where they
determine that local conditions warrant.
4, The development should provide internal and/or public pedestrian connections that are
direct, convenient and pleasant with appropriate amenities (e.g. attractive sidewalks and
benches).
1. Vehicular Access, Parking and Loading, and Shared Parking Requirements:
1. Parking shall be located to the side or rear of buildings. In no case shall parking be allowed
in the treebelt adjacent to the sidewalk or within the front setback of any lot.
2. Parking spaces may be located either on or off the lot. Applicant must show proof of space,
dedicated to the use, its location relative to the building, and must indicate if the space is
owned or leased.
3. Buildings that do not have frontage on a street must provIde access for emergency and
service vehicles through the layout and design of driveways, interior service roads, or
pedestrian and bicycle circulation corridors.
4. The Planning Board may allow shared parking in a mixed use development.
5. A parking study shall be required for all new structures within the District. A parking
study is not required for re-use of existing structures, A formal parking study may be
waived for small developments where there is established experience with the land use
mix and its impact is expected to be minimal. If standard rates are not available or
limited, the applicant may collect data at similar sites to establish local parking demand
rates.
J. Alleys:
1. Alleys are permitted to access parking in the rear of structures, with Planning Board
rev�ew. Alleys must be safe, secure and well lit. Alleys must be paved, With a
minimum width of ten (10)feet.
K. Development and Design Standards:
1. Existing buildings shall be re-used for mixed use developments, where feasible, as a
priority over new construction.
2. Buildings or structures that are listed or eligible for inclusion on the National Register of
Historic Places and/or the Massachusetts Register of Historic Places shall be converted,
constructed, reconstructed, restored or altered to maintain or promote the status of the
building or structure on, or eligibility for inclusion on the State or National Register of
Historic Places.
L. Signs:
1. Signs shall conform to the existing ordinances of the Town of Agawam in s. 180-75 through
s. 180-89.
2. Permitted signs include: signs located within the sign band on building facades; awning
signs; hanging signs projecting from building facades; window signs and un-moveable free-
standing signs.
3. Temporary signs permitted include: political signs; special events signs; and for sale or for
lease signs.
4. Prohibited signs include: flashing signs; roof signs; moveable signs; internally lit plastic
signs.
5. Each business may display not more than two permanent signs.
6. Sign materials should be durable and easy to maintain. Signs may be constructed of wood,
metal, stone, gold leaf, glass, canvas, stained glass or encased in a wooden frame.
7. Sign illumination may include external white light illumination, provided it is shaded from
view off the premises, and neon.
8. Sign size: Signs may not exceed sixteen square feet in area.
9. Sign height: Free-standing pole signs shall have a maximum height of ten feet; other free-
standing signs shall have a maximum height of four feet.
M. Landscaping Requirements:
1. Screening of mechanical equipment, trash, and lbading areas shall be provided through the
use of walls, fences, and/or dense, evergreen plant materials,
2. The landscaped perimeter area shall have a minimum width of at least five feet, and can
consist of tree planters, brick pavers, and benches.
3. Landscaping shall be provided for driveways and other vehicular use areas to provide
visual and climatic relief from broad expanses of pavement and to channelize and define
logical areas for pedestrian and vehicular traffic.
4. Interior parking areas shall be landscaped with sufficient shade trees to provide 50%
shade within fifteen (15) years of installation.
5. Completion of the landscaping requirements may be postponed due to seasonal weather
conditions for a period not to exceed six (6) months from the time of project completion.
N. Green Infrastructure and Stormwater Runoff
1. To the extent feasible, Mixed Use Development projects shall recharge all stormwater on
site. The use of green infrastructure strategies for stormwater recharge, such as
permeable pavements, tree box filters, green streets, rain gardens, stormwater infiltration
basins and green roofs, are strongly encouraged. Applicants' site plans shall indicate how
the proposed development addresses green infrastructure and stormwater recharge.
0. Maintenance of Landscaping and Screening:
1. All landscaping and screening shall be maintained by the property owner,
2. Landscaping and screening plant materials shall not encroach on the public walkways or
roadways in a way that impedes pedestrian or vehicular traffic or visibility.
3. Shrubs or trees that die shall be replaced within one growing season.
P. Appearance/Architectural Design
1. Architectural design shall be compatible with the historic character and scale of buildings in
the neighborhood and the Town of Agawam through the use of appropriate building
materials, screening, breaks in roof and wall lines and other architectural techniques.
2. In making its decision, the Planning Board may consider whether the building design is
compatible with the following design guidelines:
a. Exterior facades are faced with stone or brick, or clapboards of wood, aluminum or
vinyl;
b. Exterior facade treatment is compatible on all sides visible from a public way or parking
lot;
c. Facades facing town streets have windows facing the street.
3. Variations in architectural detail, form and siting shall be used to provide visual interest and
avoid monotony.
4. Existing buildings subject to reconstruction or rehabilitation and proposed buildings shall be
compatible with the historic character and scale of contiguous buildings within the
immediate neighborhood vicinity.
5. Proposed buildings should relate harmoniously to each other.
6. Buildings shall be de signed so that retail, restaurant, and personal service establishments
are strongly encouraged to be located on the ground or below grade building levels.
7. The entire building fagade must be odented to front and side street property lines and must
be located within fifteen (15) feet of such property lines, with sidewalks in front of buildings.
8. Public open spaces, such as plazas and pocket parks, are encouraged within the
development;
Q. Outdoor Dining
I. Outdoor dining shall be permitted by right, as an accessory use for any restaurant use,
and must comply with the following standards:
a.Alcohol may be served to and consumed by patrons in outdoor dining areas,'provided
that all necessary licenses are acquired. These licenses are to be gathered through
the Liquor Commission, the Building Department and the Board of Health.
b.The hours of operation of outdoor dining areas may be equal to or less than the hours
of operation of the main restaurant. Dining areas which abut residential areas must
end outdoor dining and seating by 11 pm.
c.Litter must be cleaned up regularly.
181-145 Optional Affordable Housing Bonus
A. A density bonus may be provided by the Planning Board, in return for provision of affordable
housing, if the following criteria are met:
1 At least ten (10%) percent of the total dwelling units in a mixed use development may
be designated as affordable housing. Affordable housing will be defined as those
residential units affordable to a household earning up to eighty percent(80%)of the
median income in Agawam's statistical area.
2. The affordable housing units shall include resale, lease or rental controls that will
ensure continued affordability by future low and moderate income households. Deed
restrictions or similar devices shall be used to limit future sale or rental prices for these
purposes.
3. The affordable units may be located in an existing structure if their construction
constitutes a net increase in the number of dwelling units in the development.
B. The Planning Board shall determine the density bonus, which may consist of both of the
following:
1. An increase in building height to a maximum of 4 stories;
2. An increase in lot coverage to a maximum of 95%.
Dated this day of 02014.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C.Johnson, President
APPROVED AS TO FORM AND LEGALITY
Vincent F. Gioscia,City Solicitor
EXHIBIT A TO TOR-2013-8
ARTICLE XIX
MIXED USE BUSINESS C DISTRICT
180-139Scope
To regulate Mixed Use Development in appropriate areas of the Town and to protect the public
health, safety, and general welfare in the Town of Agawam by establishing controls that will
facilitate flexible development while protecting the public interest.
180-140 Purposes
A. The purpose of this ordinancels to foster a greater opportunity for creative development by
providing guidelines which encourage a mix of uses compatible with existing and neighboring
properties; to provide housing and business uses in locations where a variety of town services
are available; to promote utilization of existing buildings and property, and to encourage the
provision of open areas. The intent, furthermore, is to encourage interaction among activities
located within a Mixed Use Development, to enhance business vitality, reduce vehicular traffic,
provide employment opportunities for residents close to home, ensure the compatibility with
each other of the commercial, and residential uses, ensure that the appearance and effects of
buildings and uses are harmonious with the character of the area in which they are located by:
1. Allowing a diversity of uses in close proximity in the district within a limited area, including
residential, commercial, and office;
2. Accommodating mixed-use buildings with neighborhood-serving retail, service and other
uses on the ground floor and residential units above;
3. Encouraging development that exhibits the physical design characteristics of pedestrian-
oriented storefront-style shopping streets;
4. Promoting the opportunity for people to work, meet, shop and utilize services in the
vicinity of their residences,
5. Providing opportunities for the development of affordable housing;
6. Providing opportunities for a mixture of uses in the same building;
7. Promoting a positive pedestrian environment in the district;
8. Facilitating integrated physical design;
9. Promoting a high level of design quality;
10. Encouraging the development of flexible space for small and emerging businesses;
11. Facilitating development proposals responsive to current and future market conditions;
and
12. Encouraging the development of open spaces and parks within the district to
accommodate workers, residents, pedestrians, and shoppers.
180-141 Establishment and Administration
A. The Agawam Mixed Use Business C District shall include the properties listed below. These
properties are included by reason of their potential to provide a flexible development area
aligned with the purpose of this Article.
Assessor's Map, Block and Lot
114-5-34
115-9-1
J15-1-1
J15-1-2
J 15-1-3
J 15-4-1
J 15-4-2
J 15-4-3
J15-4-4
J 14-3-3
J 14-3-4
J 14-3-5
J 14-3-7
J 14-4-1
J 14-4-2
J 14-4-3
J14-4-5
J 14-4-6
J 14-4-7
J 14-4-8
J14-4-9
B. The provisions of this Section 180-144 shall be administered by the Planning Board, except as
otherwise provided herein.
C. The Planning Board may waive any information requirements it judges to be unnecessary to
the review of a particular plan. Such waiver decisions must be documented in writing by the
Planning Board.
180-142 Definitions
A. The following definitions shall apply to all mixed use applications under these zoning
ordinances:
1. Assisted Living: Housing for adults, with services provided, such as meals, laundry, and
housekeeping.
2� Business Services: Services used in the conducting of business and commerce, including
only:
a. Consumer and mercantile credit reporting;
b. News services;
c. Research, development and testing;
d. Business management and consulting;
e. Insurance company service offices;
f. Real estate offices.
3. CaW A coffee house or small restaurant, often with an enclosed or outdoor section
extending onto the sidewalk
4. Driveway: A space, located on a lot, built for access to a garage or off-street parking or
loading space.
5. Fast Food Restaurant: An establishment whose principal business is the sale of pre-
prepared or rapidly prepared food directly to the customer in a ready-to-consume state for
consumption either within the restaurant building or off the premises. Orders are not
generally taken at the customer's table, and food is generally served in disposable
wrapping or containers,
6. Live-work Units: A live/work unit is defined as a single unit (e.g., studio, loft, or one
bedroom) consisting of both a commercial/office and a residential component that is
occupied by the same resident. The live/work unit shall be the primary dwelling of the
occupant.
7. Lot Coverage: The area of a lot covered by the footprint of all structures, as well as decks,
balconies, porches, and similar architectural features, driveway areas, expressed as a
percentage of the total lot area.
8. Mixed Use Development: The development of a tract of land, building, or structure with two
(2) or more different uses such as, but not limited to, residential, office, commercial,
institutional, or entertainment, in a compact village form, with vehicular access to an
accepted public way. A proposed Mixed Use Development shall demonstrate that the
project shall be served by town water and sewer service upon completion of the proposed
development.
9. Odor: A strong and unpleasant smell, for example, a garbage or chemical smell.
10. Personal Services: Establishments primarily engaged in providing services involving the
care of a person or his/her apparel, including but not limited to.
a. Laundering, dry cleaning and garment services not exceeding 5,000 square feet of
floor area per establishment:
b. Coin operated laundries;
c. Shoe repair',
d, Photographic services:
e. Beauty and barber shops;
f. Apparel repair and alteration;
g. Funeral services;
h. Health clubs�
i. Clothing rental.
11. Professional Services: Services performed by professional persons for business and
personal use, including, but not limited to:
a. Medical and health offices and clinics;
b. Planning;
c. Engineering and architectural�
d. Accounting:
e. Auditing and bookkeeping-,
f. Educational and scientific.
12. Senior and/or Handicapped Housing or Senior Apartments: Age-restricted multi-unit
housing for 55 and older adults, or handicapped persons, with self-contained living units for
older adults who are able to care for themselves. Usually no additional services such as
meals or transportation are provided.
13. Sit Down Restaurant: An eating establishment with turnover rates generally of at least one
hour or longer, serving food intended for consumption on the premises.
14. Treebelt: Can consist of tree planters, brick pavers, and benches with a minimum width of
five feet.
180-143 Use Regulations
A. Uses Allowed by Right with Site Plan Review in a Mixed Use Development
1. Mixed use developments may be constructed in the Mixed Use Development Overlay
District with Site Plan Review by the Planning Board in accordance with s.180-13. The
following uses may be included by right with Site Plan Review within a mixed use structure in a
mixed use development.
a. Retail Uses;
b. Sit Down Restaurants;
c. Cafes and outdoor dining areas;
d. Multi-family Residential uses;
e, Home Occupations;
f. Professional Service Offices;
g. Personal Service Establishments;
h. Municipal Uses;
i. Banks or financial institutions, automated teller machines (ATMs);
1. Health club;
k. Townhouses (single family dwellings connected by one or more walls);
1. Cinema, theatre, or auditorium;
m. Park, recreation or playground;
n. Artist studio/residence-,
o. Assisted living residential uses senior apartments, and senior housing;
p. Artisan manufacturing or production (hand tools only, e.g. jewelry or ceramics);
q. Civic uses;
r. Live/work units;
s. Multiple Uses in the same structure;
t. Bars and cocktail lounges.
The above uses are not allowed as stand-alone structures in this district,
B. Special Permit Uses in a Mixed Use Development
1. The following uses may be included within a mixed use development with the approval of a
Special Permit from the Board of Appeals in accordance with s. 180-11 and 180-12:
a. Hotel/Motel not exceeding 10 guest rooms per establishment;
b. Dry cleaning, linen cleaning, or diaper services which clean clothing articles on site;
c. Animal hospitals',
d. Drive-up service windows associated with banks, pharmacies or cafes;
e. Fast food restaurants.
2. Within a mixed use development, the above listed uses shall not be allowed as free
standing buildings.
C. Prohibited Uses in a Mixed Use Development
1. The following uses shall not be included within a Mixed Use Development:
a. Industrial uses;
b. Motor vehicle sales, maintenance and repair facilities;
c. Gasoline filling stations;
d� Adult entertainment uses;
e, Automobile or truck sales-,
f. Junkyards. -
D. Same-structure/On-site Mixed Use
1. Within an approved Mixed Use Development, there shall be no restriction on combining
different categories of use within the same building except any imposed by the-State
Building Code or other federal, state, or local regulations.
2. No mixed use development shall have more than 75% of the total square footage in
the development used for residential uses, including multi-family uses. assisted living
and senior housing.
E. Special Permit Criteria for All Mixed Use Developments
1. All Mixed Use Developments requiring a Special Permit.in Section 180-143(B) above must
meet the Special Permit requirements in Section 180-11 and the Site Plan Approval
requirements in Section 180-13.
2. All Mixed Use Developments requiring a Special Permit must also meet the following
additional Special Permit criteria:
a. The project complies with the additional Performance Standards for Mixed Use
Developments in Section 180-144 below.
b. The project is consistent with the purposes of this ordinance, as stated in Section 180-
140.
F. Dimensional Requirements
The dimensional requirements applicable to the Mixed Use Overlay District are shown in the
Table of Dimensional and Density Regulations below:
Table of Dimensional and Density Regulations for the Mixed Use, Business C District
Minimum Minimum Minimum Minimum Minimum Maximum Maximum Maximum Setback
LotArea Frontage Front Side Rear Height Lot
Yard Yard Yard Coverage
0 S.f. 25 feet 10 feet 0 feet 20 feet 45 feet/ 75% 15 feet
3 stories
180-144 Performance Standards for Mixed Use Developments
To the extent feasible, all Mixed Use Developments must meet the Performance Standards in
Sections 180-144 A-0 below.
No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes,
excessive odor, noise, vibration or excessive light violating the standards set forth in the
performance criteria in this Section 180-144 A-0.
Any other performance standards of the town shall also apply to uses conducted under this Section
180-144 of the Agawam Zoning Ordinances.
A. Access and Traffic Impacts:
1. Traffic and safety impacts to the existing and proposed roads shall be minimized.
2. Access provided via shared curb cuts shall be encouraged. Curb cuts shall be as narrow
as is feasible, without resulting in traffic safety issues.
3. Pedestrian and vehicular traffic shall be separated and walkways shall be provided for
access to adjacent properties and between businesses.
4. Plans must illustrate provisions for safe automobile, pedestrian and bicycle circulation.
Provisions must be made for motor vehicle, bicycle, and pedestrian circulation connections
to adjacent lots.
5. The Planning Board shall require a detailed traffic study for the following uses:
a. high volume traffic generating uses with a trip generation rate over 700 vehicles/day
(based on Institute of Transportation Engineers rates found in Trip Generation);
b. the construction of a new Mixed Use Development structure of more than 25,000
square feet in gross floor area; and
c. any external enlargement that brings the Mixed Use Development total to 25,000
square feet gross floor area for all structures,
6. The Planning Board may waive any or all requirements for a traffic study for external
enlargements of less than 2,000 square feet of gross floor area in excess of the 25,000
square feet gross floor area threshold. The traffic impact statement shall contain:
a. The projected number of motor vehicle trips to enter or leave the site, estimated fo,r
daily and peak hour traffic levels;
b. The proposed traffic flow pattern for both vehicles and pedestrian access shall be
described and related to the site plan, including vehicular movements at all major
intersections likely to be affected by the proposed use of the site;
c. Traffic flow patterns at the site including entrances and egresses, loading and
unloading areas, and curb cuts on site and within one hundred (100) feet of the site-,
d. A detailed assessment of the traffic safety impacts of the proposed project or use on
the carrying capacity of any adjacent highway or road, including the projected number
of motor vehicle trips to enter or depart from the site estimated for daily hour and peak
hour traffic levels, road capacities and impacts on intersection. Existing daily and peak
hour traffic levels and road capacities shall also be given;
e. A parking lot vehicle traffic and pedestrian circulation plan shall be designed to
minimize conflicts and safety problems,
B. Noise:
1. In order to protect, preserve, and promote the health, safety, welfare, peace, and quiet of
the inhabitants of Agawam through the reduction, control. and prevention of such loud or
raucous noise that unreasonably disturbs, injures, or endangers the comfort, privacy,
repose, health. peace or safety of reasonable persons. all noise levels, measured at a
height of four feet(4') above the ground surface at all property lines, using a sound meter
which meets the most current American National Standards Institute's Specification for
Type 11 Sound Level Meters, must not exceed the following standards:
Time of Day Max. Sound L eve] (dBA)
7:00 a.m. to 7:00 p.m. 65*
7-00 p.m. to 11-.00 p.m. 50
11:00 p.m. to 7:00 a.m. 45
*Note. 65 dba = normal conversation; 50 dba = noise level of a normal working
refrigerator; 45dba = a quiet library
2. These standards shall not apply to power tools and equipment (i.e. lawn mowers, leaf
blowers, sweepers, etc.) used in the normal maintenance of the site's outdoor areas (i.e.
lawn, garden, parking, etc.). Such outdoor maintenance shall be limited to between the
hours of 8:00 am 7:00 pm.
C. Emissions and Odors:
1. Emissions and odors shall be completely and effectively confined within the building, or so
regulated as to prevent any nuisance, hazard, or other disturbance from being perceptible
(without the use of instruments) at any lot line of the premises on which the use is located.
No emissions are permitted which can:
• cause any damage to health of humans, animals or vegetation
• cause excessive soiling
• result in odorous gases or odoriferous matter in such quantities as to be offensive
2. The determination of what emissions are in violation of this provision shall be made by the
Zoning Enforcement Officer or his/her designee taking into consideration all of the
following:
• the level of the odor;
• the nature of the odor is usual or unusual;
• the origin of the odor is natural or unnatural;
• the level of the ambient odor;
• the proximity of the odor to living/sleeping facilities;
• the nature and zoning of the area from which the odor emanates and the area where it
is received;
• the duration of the odor; and whether the odor is recurrent, intermittent, or constant.
D. Lighting:
1. Lighting systems should be designed, constructed, and installed in a manner that controls
glare and light trespass, minimizes obtrusive light, conserves energy and resources while
maintaining safety, visibility, security of individuals and property and curtailing the
degradation of the nighttime visual environment. Evenly distributed lighting throughout a
site will minimize impacts on surrounding neighborhoods and increase efficiency. By
directing light where it is needed and only the intensity necessary to serve the intended
purpose, these standards will prevent glare and its harsh shadows and blind spots. All
lighting shall comply with the following:
• Except for approved exterior lighting, operations producing glare shall be conducted
entirely within an enclosed building. No direct or sky-reflected glare, whether from
floodlights or from high temperature processes such as welding shall be permitted
beyond its lot lines onto neighboring properties, or onto any street.
• Exterior lighting, including but not necessarily limited to lighting of exterior walls of
buildings from an external light source, lighting of parking areas, and lighting of walks
and drives shall be done in such a manner to direct light away from adjacent lots and
public ways.
• All outdoor light fixtures and illuminated signs shall be designed, located, installed and
directed in such a manner as to prevent light trespass beyond the property line, and
light above a ninety-degree horizontal plane. If necessary, an applicant may need to
provide photometric plans and/or manufacturing specification sheets to show
conformance with these standards
• All nonessential lighting, including display, parking, and sign lighting, shall be turned off
after business hours, leaving only the lighting necessary for site and pedestrian
security, crime prevention and streetlighting.
• All lighting shall be recessed and shielded to prevent off-site glare,
• Site lighting shall conform to the following output standards:
Maximum Site Average Footcandle at
(footcandle) (footcandle) Property Line
5 2.5 0
E. Storage:
1. All materials, supplies and equipment shall be stored in accordance with Fire Prevention
Standards of the National Board of Fire Underwriters, and shall be screened from view from
public ways and abutting properties.
F. Waste Disposal:
1. Waste disposal shall follow state and town Board of Health regulations.
2. Storage of waste and waste facilities shall be screened from view from public ways and
neighboring properties.
3. Appropriate provisions shall be made for the disposal of trash, which may include, but shall
not be limited to, the provision of trash compactors within the building or on site, as well as
a signed annual contract for rubbish removal,
4. Dumping of dumpsters shall be limited to weekdays between the hours of 7AM and 11PM
only. Dumpsters. must be fenced, gated and screened from view,
G. Loading/Unloading;
1. The Planning Board may require that operations, including loading and unloading shall be
limited to weekdays between the hours of 7AM and 11 PM only.
2. Loading and unloading platforms and doorways specially designed for loading/unloading
are prohibited on the front side of any building.
H. Walkways:
1. For public convenience, a pedestrian and/or bicycle way or sidewalk system shall connect
all uses on the site, and otherwise provide appropriate circulation or continuity to an
existing pedestrian or bicycle circulation system. These uses include, but are not limited to
residential, parking, transit, bicycling, recreation, and commercial uses.
2. Walkways and sidewalks must conform to requirements of the Americans with Disabilities
Act (ADA) and the Massachusetts Architectural Access Board (MAAB).
3. Sidewalks are required along all town streets. A treebelt is required adjacent to sidewalk
areas. The Planning Board can waive treebelt requirements in situations where they
determine that local conditions warrant.
4. Th e development should provide internal and/or public pedestrian connections that are
direct, convenient and pleasant with appropriate amenities (e.g. attractive sidewalks and
benches).
1. Vehicular Access, Parking and Loading, and Shared Parking Requirements:
1. Parking shall be located to the side or rear of buildings. In no case shall parking be allowed
in the treebelt adjacent to the sidewalk or within the front setback of any lot.
2. PaWng spaces may be located either on or off the lot. Applicant must show proof of space,
dedicated to the use, its location relative to the building, and must indicate if the space is
owned or leased.
3. Buildings that do not have frontage on a street must provide access for emergency and
service vehicles through the layout and design of driveways, interior service roads, or
pedestrian and bicycle circulation corridors.
4. The Planning Board may allow shared parking in a mixed use development.
5. A parking study shall be required for all new structures within the District. A parking
study is not required for re-use of existing structures. A formal parking study may be
waived for small developments where there is established experience with the land use
mix and its impact is expected to be minimal. if standard rates are not available or
limited, the applicant may collect data at similar sites to establish local parking demand
rates.
J. Alleys:
1. Alleys are permitted to access parking 'in the rear of structures, with Planning Board
review. Alleys must be safe, secure and well lit. Alleys must be paved, with a
minimum width of ten (10) feet.
K. Development and Design Standards:
1. Existing buildings shall be re-used for mixed use developments,where feasible, as a
priority over new construction.
2, Buildings or structures that are listed or eligible for inclusion on the National Register of
Historic Places and/or the Massachusetts Register of Historic Places shall be converted,
constructed, reconstructed, restored or altered to maintain or promote the status of the
building or structure on, or eligibility for inclusion on the State or National Register of
Historic Places.
L. Signs:
1. Signs shall conform to the existing ordinances of the Town of Agawam in s. 180-75 through
s. 180-89.
2. Permitted signs include: signs located within the sign band on building facades; awning
signs; hanging signs projecting from building facades; window signs and un-moveable free-
standing signs.
3. Temporary signs permitted include: political signs; special events signs; and for sale or for
lease signs.
4, Prohibited signs include: flashing signs; roof signs; moveable signs; internally lit plastic
signs.
5. Each business may display not more than two permanent signs.
6. Sign materials should be durable and easy to maintain. Signs may be constructed of wood,
metal, stone, gold leaf, glass, canvas, stained glass or encased in a wooden frame.
7. Sign illumination may include external white light illumination, provided it is shaded from
view off the premises, and neon.
8. Sign size: Signs may not exceed sixteen square feet in area,
9. Sign height: Free-standing pole signs shall have a maximum height of ten feet; other free-
standing signs shall have a maximum height of four feet.
M. Landscaping Requirements:
1. Screening of mechanical equipment, trash, and loading areas shall be provided through the
use of walls, fences, and/or dense, evergreen plant materials.
2. The landscaped perimeter area shall have a minimum width of at least five feet, and can
consist of tree planters, brick pavers, and benches,
3. Landscaping shall be provided for driveways and other vehicular use areas to provide
visual and climatic relief from broad expanses of pavement and to channelize and define
logical areas for pedestrian and vehicular traffic.
4. Interior parking areas shall be landscaped with sufficient shade trees to provide 50%
shade within fifteen (115) years of installation.
5. Completion of the landscaping requirements may be postponed due to seasonal weather
conditions for a period not to exceed six (6) months from the time of project completion.
N. Green Infrastructure and Stormwater Runoff
1. To the extent feasible, Mixed Use Development projects shall recharge all stormwater on
s,ite. The use of green infrastructure strategies for stormwater recharge, such as
permeable pavements,tree box filters. green streets, rain gardens, stormwater infiltration
basins and green roofs, are strongly encouraged. Applicants' site plans shall indicate how
the proposed development addresses green infrastructure and stormwater recharge.
0. Maintenance of Landscaping and Screening:
1. All landscaping and screening shall be maintained by the property owner,
2. Landscaping and screening plant materials shall not encroach on the public walkways or
roadways in a way that impedes pedestrian or vehicular traffic or visibility.
3. Shrubs or trees that die shall be replaced within one growing season.
P. Appearance/Architectural Design
1. Architectural design shall be compatible with the historic character and scale of buildings in
the neighborhood and the Town of Agawam through the use of appropriate building
materials, screening, breaks in roof and wall lines and other architectural techniques.
2. In making its decision, the Planning Board may consider whether the building design is
compatible with the following design guidelines:
a. Exterior facades are faced with stone or brick, or clapboards of wood, aluminum or
vinyl;
b. Exterior facade treatment is compatible on all sides visible from a public way or parking
lot;
c. Facades facing town streets have windows facing the street.
3. Variations in architectural detail, form and siting shall be used to provide visual interest and
avoid monotony.
4. Existing buildings subject to reconstruction or rehabilitation and proposed buildings shall be
compatible with the historic character and scale of contiguous buildings within the
immediate neighborhood vicinity.
5. Proposed buildings should relate harmoniously to each other.
6. Buildings shall be designed so that retail, restaurant, and personal service establishments
are strongly encouraged to be located on the ground or below grade building levels.
7. The entire building fagade must be oriented to front and side street property lines and must
be located within fifteen (15) feet of such property lines, with sidewalks in front of buildings.
8. Public open spaces, such as plazas and pocket parks, are encouraged within the
development;
Q. Outdoor Dining
1. Outdoor dining shall be permitted by right. as an accessory use for any restaurant use,
and must comply with the following standards:
a.Alcohol may be served to and consumed by patrons in outdoor dining areas,'provided
that all necessary licenses are acquired. These licenses are to be gathered through
the Liquor Commission, the Building Department and the Board of Health.
b.The hours of operation of outdoor dining areas may be equal to or less than the hours
of operation of the main restaurant, Dining areas which abut residential areas must
end outdoor dining and seating by 11 pm.
c.Litter must be cleaned up regularly.
181-145 Optional Affordable Housing Bonus
A. A density bonus may be provided by the Planning Board, in return for provision of affordable
housing, if the following criteria are met:
1. At least ten (10%) percent of the total dwelling units in a mixed use development may
be designated as affordable housing. Affordable housing will be defined as those
residential units affordable to a household earning up to eighty percent (80%) of the
median income in Agawam's statistical area.
2. The affordable housing units shall include resale, lease or rental controls that will
ensure continued affordability by future low and moderate income households. Deed
restrictions or similar devices shall be used to limit future sale or rental prices for these
purposes.
3. The affordable units may be located in an existing structure if their construction
constitutes a net increase in the number of dwelling units in the development,
B. The Planning Board shall determine the density bonus, which may consist of both of the
following:
1. An increase in building height to a maximum of 4 stories;
2. An increase in lot coverage to a maximum of 95%,
Dated this day of 12014.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C.Johnson, President
APPROVED AS TO FORM AND LEGALITY
Vincent F. Gioscia,City Solicitor
�'A
Tlow' n -of Agawam
36 Main Street Agawam, Massachusetts,01001-1837
Tel. 413-786-0400 Fax 4137786-9927
August 16, 2013
Christopher C. Johnson, President
Dennis J. Perry, Vice President
C:)
George Bitzas, Councilor
Cecilia P. Calabrese, Councilor >n
Paul C. Cavallo, Councilor c)F
James P. Cichetti, Councilor
Gina M. Letellier, Councilor
Robert A. Magovern,'Councilor )>
?
Joseph Mineo,.Councilor -P
Donald M. Rheault, Councilor un F
Robert Rossi, Councilor
Agawam Town Council
36 Main Street
Agawam, MA 01001
Dear Councilors:
On August 15,2013,the Planning Board voted to send a positive recommendation to the Council to
enact an eight(8)month moratorium,on Medical Marijuana Treatment Centers in Agawam. Medical
Marijuana facilities were made legal by the voters in 2012. The Comrnonwealth has recently enacted
regulations for siting such facilities. Up to 35 dispensaries will be allowed across the state with up to
5 per county. The Attorney General has ruled that municipalities may not ban dispensaries,but they
may regulate the siting of dispensaries through zoning ordinances. She has also ruled that tempgrary
moratoria may be adopted to give communities time to draft such zoning ordinances.
If the Council were to adopt the proposed 8 month moratorium, the Planning Department, in
conjunction with the Planning Board, will be able to collaborate with other Commonwealth
communities to draft appropriate regulations to ensure that such facilities will not pose a threat to the
health, safety and-general well-being of the public as well as patients seeking treatment,
Sincerely,
0
DA4-<)Dte,&�
Deborah S. Dachos, Director
Office of Planning and Community Development
Commonwealth of Massachusetts and will be in compliance with
all applicable state laws and regulations;
(3)That the applicant has satisfied all of the conditions and
requirements of this Section and other applicable Sections of this
Ordinance;
(4) That the RMD or OMMD project meets a demonstrated need;
(5) That the R.MD or OMMD facility provides adequate security
measures to ensure that no individual participant will pose a direct
threat to the health or safety of other individuals, and that the
storage and/or location of culfivation is adequately secured; and
(6) That the RMD or OMMD facility adequately addresses issues
of traffic demand, circulation flow,parking and queuing,
particularly at peak periods at the facility, and it impact on
C:)
neighboring uses.
Z
C')
Dated this day of 2014.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. J�hnson, President
S
TrL
PPROVED A TO FORM AND LEGALITY
Vincent cia, City Solicitor
CC
Page 7 of 7
MAYORAL ACTION
Received this �.y of M 2014 from Council Clcrk.
Signed by Council President this jr-411, day of 2014.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the AgawaR?arter, as
amended. I hereby approve the passage of the above legislation on this 10 day of
V T QUIP 2014.
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
) 2014 for the following reason(s):
Richard A. Cohen, Mayor
RETUP-N OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this day of M04 ' 2014.
U
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
LEGAL NOTICE
AGAWAM CITY COUNCIL
The Agawam City Council will hold a public hearing on Monday,December 16, 2013 at 7:00 PM at the
Roberta G. Doering School, 68 Main Street, Agawam, MA. The purpose of this hearing will be to hear the
petition of the Agawam Planning Board on a proposed zoning amendment to Section 180 of the Agawam
Zoning Ordinance by adding a new district entitled "Mixed Use Business C District". A copy of the
proposal can be obtained from the Agawam Planning 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:
Christopher C. Johnson
City Council President
C-)
(Ad to be run 11/28/13 & 12/5/13)
LP
00
TOR - 2013 - 8
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING
ORDINANCES §180; MIXED USE BUSINESS C DISTRICT
Sponsored by the Agawam Planning Board
WHEREAS, the Agawam Planning Board voted to act as petitioner for a proposed
zoning amendment to create a zone "Mixed Use Business C District;" and
WHEREAS, the Planning Board wishes to provide guidelines which encourage a mix of
uses compatible with existing and neighboring properties; and
WHEREAS, a Mixed Use Business C District would provide housing and business uses
in locations where a variety of Town services are available; to promote the use of existing
buildings and property.- and
WHEREAS, Mixed Use Business C District will provide employment opportunities for
residents close to home; and
WHEREAS, Mixed Use Business C District will ensure that the appearance and effects
of buildings and uses are harmonious with the character of the area in which they are located;
and
WHEREAS, the Mixed Use Business C District would be bounded as set forth in the
Map attached hereto with exhibit"A-" and
WHEREAS, it is in the best interest of the Town of Agawam to create a Mixed Use
Business C District 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 section 180 as follows: Add the Following
See exhibit "A" which is attached hereto and incorporated by reference.
DATED THIS OF 2013.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Jo n, President
AR ROVED AS 0 FORM AND LEGALITY
Vincent'Glosel Solicitor
2
ARTICLE XIX
MIXED USE BUSINESS C DISTRICT
180-139Scope
To regulate Mixed Use Development in appropriate areas of the Town and to protect the public
health, safety, and general welfare in the Town of Agawam by establishing controls that will
facilitate flexible development while protecting the public interest.
180-140 Purposes
A. The purpose of this ordinance is to foster a greater opportunity for creative development by
providing guidelines which encourage a mix of uses compatible VAth existing and neighboring
properties; to provide housing and business uses in locations where a variety of town services
are available; to promote utilization of existing buildings and property, and to encourage the
provision of open areas. The intent, furthermore, is to encourage interaction among activities
located within a Mixed Use Development, to enhance business vitality, reduce vehicular traffic,
provide employment opportunities for residents close to home, ensure the compatibility with
each othef of the commercial, and residential uses, ensure that the appearance and effects of
buildings and uses are harmonious with the character of the area in which they are located by:
I. Allowing a diversity of uses in close proximity in the district within a limited area, including
residential, commercial, and office;
2. Accommodating mixed-use buildings vAth neighborhood-serving retail, service and other
uses on the ground floor and residential units above;
3. Encouraging development that exhibits the physical design characterisfics of pedestrian-
oriented storefront-style shopping streets;
4. Promoting the opportunity for people to work, meet, shop and utilize services in the
vicinity of their residences;
5. Providing opportunities for the development of affordable housing;
6. Providing opportunities for a mixture of uses in the same building;
7. Promoting a positive pedestrian environment in the district;
8. Facilitating integrated physical design;
9. Promoting a high level of design quality-,
10. Encouraging the development of flexible space for small and emerging businesses;
11. Facilitating development proposals responsive to current and future market conditions;
and
12. Encouraging the development of open spaces and parks within the district to
accommodate workers, residents, pedestrians, and shoppers.
180-141 Establishment and Administration
A. The Agawam Mixed Use Business C District shall include the properties listed below. These
properties are included by reason of their potential to provide a flexible development area
aligned with the purpose of this Article.
Assessor's Map, Block and Lot
114-5-34
115-9-1
J15-1-1
J15-1-2
J15-1-3
J15-4-1
J15-4-2
J15-4-3
J 15-4-4
J 14-3-3
J 14-3-4
J14-3-5
J14-3-7
J 14-4-1
J14-4-2
J144-3
J14-4-5
J14-4-6
J14-4-7
J144-8
J 14-4-9
B. The provisions of this Section 180-144 shall be administered by the Planning Board,except as
otherwise provided herein.
C. The Planning Board may waive any information requirements it judges to be unnecessary to
the review of a particular plan. Such waiver decisions must be documented in writing by the
Planning Board.
180-142 Definitions
A. The following definitions shall apply to all mixed use applications under these zoning
ordinances:
1. AssistedLiving: Housing for adults, with services provided, such as meals, laundry, and
housekeeping.
2. Business Services: Services used in the conducting of business and commerce, including
only:
a. Consumer and mercantile credit reporting;
b. News services;
c. Research, development and testing;
d. Business management and consulting;
e. Insurance company service offices;
f. Real estate offices.
3. Caf6: A coffee house or small restaurant, often with an enclosed or outdoor section
extending onto the sidewalk
4. Driveway: A space, located on a lot, built for access to a garage or off-street parking or
loading space.
5. Fast Food Restaurant: An establishment whose principal business is the sale of pre-
prepared or rapidly prepared food directly to the customer in a ready-to-consume state for
consumption either within the restaurant building or off the premises. Orders are not
generally taken at the customer's table, and food is generally served in disposable
wrapping or containers.
6. Live-work Units: A live/work unit is defined as a single unit(e.g., studio, loft, or one
bedroom)consisting of both a commercial/office and a residential component that is
occupied by the same resident. The live/work unit shall be the prilmary dwelling of the
occupant.
7. Lot Coverage., The area of a lot covered by the footprint of all structures, as well as decks,
balconies, porches, and similar architectural features, driveway areas, expressed as a
percentage of the total lot area.
8. Mixed Use Development: The development of a tract of land, building, or structure with two
(2)or more different uses such as, but not limited to, residenfial, office, commercial,
institutional, or entertainment, in a compact village form, with vehicular access to an
accepted public way. A proposed Mixed Use Development shall demonstrate that the
project shall be served by town water and sewer service upon completion of the proposed
development.
9. Odor A strong and unpleasant smell, for example, a garbage or chemical smell.
10. Personal Services: Establishments primarily engaged in providing services involving the
care of a person or his/her apparel, including but not limited to:
a. Laundering, dry cleaning and garment services not exceeding 5,000 square feet of
floor area per establishment;
b. Coin operated laundries;
c. Shoe repair;
d. Photographic services;
e. Beauty and barber shops;
f, Apparel repair and alteration;
g. Funeral services;
h. Health clubs;
i. Clothing rental.
11. Professional Services: Services performed by professional persons for business and
personal use, including, but not limited to:
a. Medical and health offices and clinics;
b. Planning-,
c. Engineering and architectural;
d. Accounting;
e. Auditing and bookkeeping;
f. Educational and scientific.
12. Senior and/or Handicapped Housing or Senior Apartments. Age-restricted multi-unit
housing for 55 and older adults, or handicapped persons, with self-contained living units for
older adults who are able to care for themselves. Usually no additional services such as
meals or transportation are provided.
13. Sit Down Restaurant: An eating establishment with turnover rates generally of at least one
hour or longer, serving food intended for consumption on the premises.
14. Treebelt: Can consist of tree planters, brick pavers, and benches with a minimum width of
five feet.
180-143 Use Regulations
A. Uses Allowed by Right with Site Plan Review in a Mixed Use Development
1. Mixed use developments may be constructed in the Mixed Use Development Overlay
District with Site Plan Review by the Planning Board in accordance with s.180-13. The
following uses may be included by right with Site Plan Review within a mixed use structure in a
mixed use development:
a. Retail Uses;
b. Sit Down Restaurants;
c. Cafes and outdoor dining areas;
d. Multi-family Residential uses;
e. Home Occupations;
f. Professional Service Offices;
g. Personal Service Establishments;
h. Municipal Uses;
L Banks or financial institutions, automated teller machines (ATMs);
j. Health club;
k. Townhouses (single family dwellings connected by one or more walls);
1. Cinema, theatre, or auditorium;
m. Park, recreation or playground;
n. Artist studio/residence;
o. Assisted living residential uses senior apartments, and senior housing;
p. Artisan manufacturing or production (hand tools only, e.g. jewelry or ceramics);
q. Civic uses;
r. LiveAvork units;
s. Multiple Uses in the same structure;
t. Bars and cocktail lounges.
The above uses are not allowed as stand-alone structures in this district.
B. Special Permit Uses in a Mixed Use Development
1. The following uses may be included within a mixed use development with the approval of a
Special Permit from the Board of Appeals in accordance with s. 180-11 and 180-12:
a. Hotel/Motel not exceeding 10 guest rooms per establishment;
b. Dry cleaning, linen cleaning, or diaper services which clean clothing articles on site;
c. Animal hospitals;
d. Drive-up service windows associated with banks, pharmacies or cafes;
2. Within a mixed use development, the following uses shall not be allowed as free standing
buildings:
a. Fast food restaurants;
b. Sit down restaurants;
c. Banks and automated teller machines (ATMs).
C. Prohibited Uses in a Mixed Use Development
1. The following uses shall not be included within a Mixed Use Development:
a. Industrial uses;
b. Motor vehicle sales, maintenance and repair facilities;
c. Gasoline filling stations;
d. Adult entertainment uses;
e. Automobile or truck sales;
f. Junkyards.
D. Same-stru ctu re/On-site Mixed Use
1. Within an approved Mixed Use Development, there shall be no res'triction on combining
different categories of use within the same building except any imposed by the State
Building Code or other federal, state, or local regulations.
2. No mixed use development shall have more than 75% of the total square footage in
the development used for residential uses, including multi-family uses, assisted living
and senior housing.
E. Special Permit Criteria for All Mixed Use Developments
1. All Mixed Use Developments requiring a Special Permit in Section 180-143(B)above must
meet the Special Permit requirements in Section 180-11 and the Site Plan Approval
requirements in Section 180-13.
2. All Mixed Use Developments requiring a Special Permit must also meet the following
additional Special Permit criteria:
a. The project complies with the additional Performance Standards for Mixed Use
Developments in Section 180-144 below.
b. The project is consistent with the purposes of this ordinance, as stated in Section 180-
140,
F. Dimensional Requirements
The dimensional requirements applicable to the Mixed Use Overlay District are shown in the
Table of Dimensional and Density Regulations below:
Table of Dimensional and Density Reaulations for the Mixed Use, Business C District
Minimum Minimum Minimum Minimum Minimum Maximum Maximum Maximum Setback
Lot Area Frontage Front Side Rear Height Lot
Yard Yard Yard Coverage
0 S.r 25 Met 10 feet 0 feet 20 feet 45 feet/ 75% 15 feet
stories
180-144 Performance Standards for Mixed Use Developments
To the extent feasible, all Mixed Use Developments must meet the Performance Standards in
Sections 180-144 A-0 below.
No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes,
excessive odor, noise, vibration or excessive light violating the standards set forth in the
performance criteria in this Section 180-144 A-Q.
Any other performance standards of the town shall also apply to uses conducted under this Section
180-144 of the Agawam Zoning Ordinances.
A. Access and Traffic Impacts:
1. Traffic and safety impacts to.the existing and proposed roads shall be minimized.
2. Access provided via shared curb cuts shall be encouraged. Curb cuts shall be as narrow
as is feasible, without resulting in traffic safety issues.
3. Pedestrian and vehicular traffic shall be separated and walkways shall be provided for
access to adjacent properties and between businesses.
4. Plans must illustrate provisions for safe automobile, pedestrian and bicycle circulation.
Provisions must be made for motor vehicle, bicycle, and pedestrian circulation connections
to adjacent lots.
5, The Planning Board shall require a detailed traffic study for the following uses:
a, high volume traffic generating uses with a trip generation rate over 700 vehicles/day
(based on Institute of Transportation Engineers rates found in Trip Generation);
b. the construction of a new Mixed Use Development structure of more than 25,000
square feet in gross floor area, and
c. any external enlargement that brings the Mixed Use Development total to 25,000
square feet gross floor area for all structures.
6. The Planning Board may waive any or all requirements for a traffic study for external
enlargements of less than 2,000 square feet of gross floor area in excess of the 25,000
square feet gross floor area threshold. The traffic impact statement shall contain:
a. The projected number of motor vehicle trips to enter or leave the site, estimated for
daily and peak hour traffic levels;
b. The proposed traffic flow pattern for both vehicles and pedestrian access shall be
described and related to the site plan, including vehicular movements at all major
intersections likely to be affected by the proposed use of the site;
c. Traffic flow patterns at the site including entrances and egresses, loading and
unloading areas, and curb cuts on site and within one hundred (100)feet of the site;
d. A detailed assessment of the traffic safety impacts of the proposed project or use on
the carrying capacity of any adjacent highway or road, including the projected number
of motor vehicle trips to enter or depart from the site estimated for daily hour and peak
hour traffic levels, road capacities and impacts on intersection. Existing daily and peak
hour traffic levels and road capacities shall also be given;
e. A parking lot vehicle traffic and pedestrian circulation plan shall be designed to
minimize conflicts and safety problems.
B. Noise:
1. In order to protect, preserve, and promote the health, safety, welfare, peace, and quiet of
the inhabitants of Agawam through the reduction, control, and prevention of such loud or
raucous noise that unreasonably disturbs, injures, or endangers the comfort, privacy,
repose, health, peace or safety of reasonable persons, all noise levels, measured at a
height of four feet (4') above the ground surface at all property lines, using a sound meter
which meets the most current American National Standards Institute's Specification for
Type 11 Sound Level Meters, must not exceed the following standards:
Time of Day Max. Sound Level (dBA)_
7:00 a.m. to 7:00 p.m. 65*
7:00 p.m. to 11:00 p.m. 50
11:00 p.m. to 7:00 a.m. 45
-*Note: 65 dba =normal conversation; 50 dba noise level of a normal working
refrigerator; 45dba = a quiet library
2. These standards shall not apply to power tools and equipment (i.e. lawn mowers, leaf
blowers, sweepers, etc.) used in the normal maintenance of the site's outdoor areas (i.e.
lawn, garden, parking, etc.). Such outdoor maintenance shall be limited to between the
hours of 8:00 am 7:00 pm.
C. Emissions and Odors:
1. Emissions and odors shall be completely and effecfively confined within the building, or so
regulated as to prevent any nuisance, hazard, or other disturbance from being perceptible
(without the use of instruments) at any lot line of the premises on which the use is located.
No emissions are permitted which can:
• cause any damage to health of humans, animals or vegetation
• cause excessive soiling
• result in odorous gases or odoriferous matter in such quantities as to be offensive
2. The determination of what emissions are in violation of this provision shall be made by the
Zoning Enforcement Officer or his/her designee taking into consideration all of the
following:
• the level of the odor;
• the nature of the odor is usual or unusual;
• the origin of the odor is natural or unnatural;
• the level of the ambient odor;
• the proximity of the odor to living/sleeping facilities;
• the nature and zoning of the area from which the odor emanates and the area where it
is received;
• the duration of the odor; and whether the odor is recurrent, intermittent, or constant.
D. Lighting:
1. Lighting systems should be designed, constructed, and installed in a manner that controls
glare and light trespass, minimizes obtrusive light, conserves energy and resources while
maintaining safety, visibility, security of individuals and property and curtailing the
degradation of the nighttime visual environment. Evenly distributed lighting throughout a
site will minimize impacts on surrounding neighborhoods and increase efficiency. By
directing light where it is needed and only the intensity necessary to serve the intended
purpose, these standards will prevent glare and its harsh shadows and blind spots. All
lighting shall comply with the following:
• Except for approved exterior lighting, operations producing glare shall be conducted
entirely within an enclosed building. No direct or sky-reflected glare, whether from
floodlights or from high temperature processes such as welding shall be permitted
beyond its lot lines onto neighboring properties, or onto any street.
• Exterior lighting, including but not necessarily limited to lighting of exterior walls of
buildings from an external light source, lighting of parking areas, and lighting of walks
and drives shall be done in such a manner to direct light away from adjacent lots and
public ways.
• All outdoor light fixtures and illuminated signs shall be designed, located, installed and
directed in such a manner as to prevent light trespass beyond the property line, and
light above a ninety-degree horizontal plane. If necessary, an applicant may need to
provide photometric plans and/or manufacturing specification sheets to show
conformance with these standards
All nonessential lighting, including display, parking, and sign lighting. shall be turned off
after business hours, leaving only the lighbng necessary for site and pedestrian
security, crime prevention and streetlighting.
All lighting shall be recessed and shielded to prevent off-site glare.
Site lighting shall conform to the following output standards:
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E. Storage:
1. All materials, supplies and equipment shall be stored in accordance with Fire Prevention
Standards of the National Board of Fire Underwriters, and shall be screened from view from
public ways and abutting properties.
F. Waste Disposal:
1. Waste disposal shall follow state and town Board of Health regulations.
2. Storage of waste and waste facilities shall be screened from view from public ways and
neighboring properties.
3. Appropriate provisions shall be made for the disposal of trash, which may include, but shall
not be limited to, the provision of trash compactors within the building or on site, as well as
a signed annual contract for rubbish removal.
4. Dumping of dumpsters shall be limited to weekdays between the hours of 7AM and 11 PM
only. Dumpsters must be fenced, gated and screened from view.
G. Load!ng/U n1loading:
1. The Planning Board may require that operations, including loading and unloading shall be
limited to weekdays between the hours of 7AM and 11 PM only.
2. Loading and unloading platforms and doorways specially designed for loadi ng/un loading
are prohibited on the front side of any building.
H. Walkways:
1. For public convenience, a pedestrian and/or bicycle way or sidewalk system shall connect
all uses on the site, and otherwise provide appropriate circulation or continuity to an
existing pedestrian or bicycle circulation system. These uses include, but are not limited to
residential, parking, transit, bicycling, recreation, and commercial uses.
2. Walkways and sidewalks must conform to requirements of the Americans with Disabilities
Act(ADA)and the Massachusetts Architectural Access Board (MAAB).
3. Sidewalks are required along all town streets. A treebelt is required adjacent to sidewalk
areas. The Planning Board can waive treebelt requirements in situations where they
determine that local conditions warrant.
4. The development should provide internal and/or public pedestrian connections that are
direct, convenient and pleasant with appropriate amenities(e.g. attractive sidewalks and
benches).
1. Vehicular Access, Parking and Loading, and Shared Parking Requirements:
1. Parking shall be located to the side or rear of buildings. In no case shall parking be allowed
in the treebelt adjacent to the sidewalk or within the front setback of any lot.
2. Parking spaces may be located either on or off the lot. Applicant must show proof of space,
dedicated to the use, its location relative to the building, and must indicate if the space is
owned or leased.
3. Buildings that do not have frontage on a street must provide access for emergency and
service vehicles through the layout and design of driveways, intedor service roads, or
pedestrian and bicycle circulation corridors.
4. The Planning Board may allow shared parking in a mixed use development.
5. A parking study shall be required for all new structures within the District. A parking
study is not required for re-use of existing structures. A formal parking study may be
waived for small developments where there is established experience with the land use
mix and its impact is expected to be minimal. If standard rates are not available or
limited, the applicant may collect data at similar sites to establish local parking demand
rates.
J. Alleys:
1. Alleys are permitted to access parking in the rear of structures, with Planning Board
review. Alleys must be safe, secure and well lit. Alleys must be paved, with a
minimum width of ten (10)feet.
K. Development and Design Standards:
1. Existing buildings shall be re-used for mixed use developments, where feasible, as a
priority over new construction.
2. Buildings or structures that are listed or eligible for inclusion on the National Register of
Historic Places and/or the Massachusetts Register of Histohc Places shall be converted,
constructed, reconstructed, restored or altered to maintain or promote the status of the
building or structure on, or eligibility for inclusion on the State or National Register of
Historic Places.
L. Signs:
1. Signs shall conform to the existing ordinances of the Town of Agawam in s. 180-75 through
s. 180-89.
2. Permitted signs include: signs located within the sign band on building facades; awning
signs; hanging signs projecting from building facades; window signs and un-moveable free-
standing signs.
3. Temporary signs permitted include: polibcal signs; special events signs; and for sale or for
lease signs.
4. Prohibited signs include: flashing signs; roof signs; moveable signs; intemally lit plastic
signs.
5. Each business may display not more than two permanent signs.
6. Sign materials should be durable and easy to maintain. Signs may be constructed of wood,
metal, stone, gold leaf, glass, canvas, stained glass or encased in a wooden frame.
7. Sign illumination may include external white light illumination, provided it is shaded from
view off the premises, and neon.
8. Sign size: Signs may not exceed sixteen square feet in area.
9. Sign height: Free-standing pole signs shall have a maximum height of ten feet; other free-
standing signs shall have a maximum height of four feet.
M. Landscaping Requirements:
1. Screening of mechanical equipment, trash, and loading areas shall be provided through the
use of walls, fences, and/or dense, evergreen plant materials.
2. The landscelped perimeter area shall have a minimum width of at least five feet, and can
consist of tree planters, brick pavers, and benches.
I Landscaping shall be provided for driveways and other vehicular use areas to provide
visual and climatic relief from broad expanses of pavement and to channelize and define
logical areas for pedestrian and vehicular traffic.
4. 1 nterior parking areas shall be landscaped with sufficient shade trees to provide 50%
shade within fifteen (15)years of installation.
5. Completion of the landscaping requirements may be postponed due to seasonal weather
conditions for a period not to exceed six (6) months from the time of project completion.
N. Green Infrastructure and Stormwater Runoff
1, To the extent feasible, Mixed Use Development projects shall recharge all stormwater on
site. The use of green infrastructure strategies for stormwater recharge, such as
permeable pavements, tree box filters, green streets, rain gardens, stormwater infiltration
basins and green roofs, are strongly encouraged. Applicants' site plans shall indicate how
the proposed development addresses green infrastructure and stormwater recharge.
0. Maintenance of Landscaping and Screening:
1. All landscaping and screening shall be maintained by the property owner.
2. Landscaping and screening plant materials shall not encroach on the public walkways or
roadways in a way that impedes pedestrian or vehicular traffic or visibility.
3. Shrubs or trees that die shall be replaced within one growing season.
P. Appearance/Architectural Design
1. Architectural design shall be compatible Wth the historic character and scale of buildings in
the neighborhood and the Town of Agawam through the use of appropriate building
materials, screening, breaks in roof and wall lines and other architectural techniques.
2. In making its decision, the Planning Board may consider whether the building design is
compatible with the following design guidelines:
a, Exterior facades are faced with stone or brick, or clapboards of wood, aluminum or
vinyl;
b. Exterior facade treatment is compabble on all sides visible from a public way or parking
lot;
c. Facades facing town streets have windows facing the street.
3. Variations in architectural detail, form and siting shall be used to provide visual interest and
avoid monotony.
4. Existing buildings subject to reconstruction or rehabilitation and proposed buildings shall be
compatible vAth the historic character and scale of contiguous buildings within the
immediate neighborhood vicinity.
5. Proposed buildings should relate harmoniously to each other.
6. Buildings shall be designed so that retail, restaurant, and personal service establishments
are strongly encouraged to be located on the ground or below grade building levels.
7. The entire building fagade must be oriented to front and side street property lines and must
be located within ten feet of such property lines, with sidewalks in front of buildings.
8- - Public open spaces, such as plazas and pocket parks, are encouraged within the
development;
Q. Outdoor Dining
1- Outd'oor dining shall be permitted by right,as an accessory use for any restaurant use,
and must comply with the following standards:
a.Alcohol may be served to and consumed by patrons in outdoor dining areas, provided
that all necessary licenses are acquired. These licenses are to be gathered through
the Liquor Commission, the Building Department and the Board of Health,
b.The hours of operation of outdoor dining areas may be equal to or less than the hours
of operation of the main restaurant. Dining areas which abut residential areas must
end outdoor dining and seating by 11 pm.
c.Litter must be cleaned up regularly.
181-145 Optional Affordable Housing Bonus
A. A density bonus may be provided by the Planning Board, in return for provision of affordable
housing, if the following criteria are met:
I. At least ten (10%) percent of the total dwelling units in a mixed use development may
be designated as affordable housing, Affordable housing will be defined as those
residential units affordable to a household eaming up to eighty percent(80%)of the
median income in Agawam's statistical area.
2, The affordable housing units shall include resale, lease or rental controls that will
ensure continued affordability by future low and moderate income households. Deed
restrictions or similar devices shall be used to limit future safe or rental prices for these
purposes.
3. The affordable units may be located in an existing structure if their construction
constitutes a net increase in the number of dwelling units in the development.
B. The.Planning Board shall determine the density bonus, which may consist of both of the
following:
1. An increase in building height to a maximum of 4 stories;
2. An increase in lot coverage to a maximum of 95%.
181-146 Mixed Use Business C District Location
A. This district includes the properties listed below.
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Business C District Agawam Mixed Use Development, Business C, District N
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Wetland
0 125 250 500 nvn r
Town -of Agawam
-.01 36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413�-784-9927
October 9, 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 Cli
Gina M. Letellier, Councilor
Robert A. Magovern, Councilor
Joseph Mineo.'Councilor
Donald M. Rheault, Councilor
2S
Robert Rossi, Councilor -Z::-
.. :b�
Agawam Town Council
36 Main Street
Agawam, MA 01001
Dear Councilors:
At its duly called meeting held on October 3, 2013, the Agawam Planning Board voted to be the
petitioner on the attached Zoning Amendment"Mixed Use Business C District".
If you have any questions, please'contact ihis office at 786-0400, extension 8738.
Sincerely,
Travis P. Ward, Chairman
AGAWAM PLANNING BOARD
cc: Clerk, Solicitor, File
Agawam Mixed Use Development Ordinance
Pa8e 11
Propos ed Agawam Mixed Use Development Ordinance
(Prepared by PVPC and Agawam Mixed Use Committee, updated 10-3-13)
6.6 MIXED USE BUSINESS C DISTRICT
6.61 Scope
To regulate Mixed Use Development in appropriate areas of the Town and to protect the public
health, safety, and general welfare in the Town of Agawam by establishing controls that will
facilitate flexible development while protecting the public interest.
6.62 Purposes
A. The purpose of this ordinance is to foster a greater opportunity for creative development by
providing guidelines which encourage a mix of uses compatible with existing and neighboring
properties; to prov-ide housing and business uses in locations where a variety of town services
are available;.to promote utilization of existing buildings and property, and to encourage the
provision of open areas. The intent, furthermore, is to encourage.interaction among activities
located within a Mixed Use Development, to enhance business vitality, reduce vehicular traffic,
provide employment opportunities for residents close to home,'ensure the compatibility with
each other of t"he.commercial, and residential uses, ensure that the appearance and effects of
buildings and uses.are harmonious with the character of the area in which they are located by:
1. Allowing.a diversity of uses in close proximity in the district within a limited area, including
residential, commercial , and office;,
2. Accommodating mixed-use buildings with neighborhood-serving retail, service and other
uses on the ground floor and residential units above;
3. Encouraging development that exhibits the physical design characteristics of peclestrian-
oriented storefront-style shopping streets;
4. Promoting the opportunity for people to work, meet, shop and utilize services in the
vicinity of their residences,
5. Providing.opportunities for the development of affordable housing,
6. Providing opportunities for a mixture of uses in the same building,
7. Promoting a positive pedestrian environment in the district,
8. Facilitating'integrated physical design,
9. Promoting a high level of design quality,
10. Encouraging the development of flexible space for small and emerging businesses,
11. Facilitating development proposals responsive to current and future market conditions,
and
12, Encouraging the development of open spaces and parks within the district to
accommodate workers, residents, pedestdans, and shoppers.
Agawam Mixed Use Development Ordinance
P a B e 12
6.63 Establishment and Administration
A. The Agawam Mixed Use Business C District is shown on the Zoning Map as set forth on the
map entitled "Agawam Mixed Use Business C District", da ted , prepared by
Pioneer Valley Planning Commission, This map is hereby made a part of the Zoning Ordinance
and is on file in the Office of the Town Clerk,
B. The provisions of this Section 6.6 shall be administered by the Planning Board, except as
otherwise provided herein.
C. The Planning Board may waive any information requirements it judges to be unnecessary to
the review of a particular plan. Such waiver decisions must be documented in writing by the
Planning Board.
6.64 Definitions
A. The following definitions shall apply to all mixed use applications under these zoning
ordinances:
1. Assisted Living: Housing for adults, with services provided, such as meals, laundry, and
housekeeping.
2. Business Services: Services used in the conducting of business and commerce, including
only-
a. Consumer and mercantile credit reporting;
b, News services;
c. Research, development and testing;
d. Business management and consulting;
e. Insurance company service offices;
f. Real estate offices.
3. Cafd: a coffee house or small restaurant, often with an enclosed or outdoor section
extending onto the sidewalk
4. Driveway: A space, located on a lot, built for access to a g arage or off-street parking or
loading space.
5, Fast Food Restaurant: An establishment whose principal business is the sale of pre-
prepared or rapidly prepared food directly to the customer in a ready-to-consume state for
consumption either within the restaurant building or off the premises, Orders are not
generally taken at the customer's table, and food is generally served in disposable
wrapping or containers.
6. Live-work Units: A livetwork unit is defined as a single unit(e.g., studio, loft, or one
bedroom) consisting of both a commercial/office and a residential component that is
occupied by the same resident. The live/work unit shall be the primary dwelling of the
occupant.
Agawam Mixed Use Development Ordinance
P a g e 3
7. Lot Coverage: means the area of a lot covered by the footprint of all structures, as well as
decks, balconies, porches, and similar architectural features, driveway areas, expressed as
a percentage of the total lot area.
8. Mixed Use Development: The development of a tract of land, building, or structure with two
(2) or more different uses such as, but not limited to, residential, office, commercial,
institutional, or entertainment, in a compact village form, with vehicular access to an
accepted public way. A proposed Mixed Use Development shall.demonstrate that the
project shall be served by town water and sewer service upon completion of the proposed
development.
9. Odor: A strong and unpleasant smell, for example, a garbage or chemical smell:
10. Personal Services. Establishments primarily engaged in providing services involving the
care of a person or his/her apparel, including but not limited to:
a. Laundering, dry cleaning and garments services not exceeding 5,000 square feet of
floor area per establishment;
b. Coin operated laundries;
c. Shoe repair;
d. Photographic services;
e. Beauty and-barber shops;
f. Apparel repair and alteration;'
g. Funera'I services;
h. Health clubs;
i. Clothing rental.
11. Professional Services: Services performed by professional persons for business and
personal use, i'ncluding, but not limited to:
a. Medical and health offices and clinics not exceeding 5,000 feet of floor area per office
or group of offices;
b. Planning;
c. Engineedng and architectural;
d. Accounting;
e. Auditing and bookkeeping;
f. Educational and scientific.
12. Senior and/or Handicapped Housing or Senior Apartments: Age-restricted multi-unit
housing for 55 and older adults, or handicapped-persons, with self-contained living units for
older adults who are able to care for themselves. Usually no additional services such as
meals or transportation are provided.
13. Sit Down Restaurant: An eating establishment with turnover rates generally of at least one
hour or longer, serving food intended for consumption on the premises.
14. Treebelt: Can consist of tree planters, brick pavers, and benches with a minimum width of
five feet.
6.65 Use Regulations
A. Uses Allowed by Right with Site Plan Review in a Mixed Use Development
Agawam Mixed Use Development Ordinance
Page 14
1. Mixed use developments may be constructed in the Mixed Use Development Overlay
District with Site Plan Review by the Planning Board in accordance with S.180-13, The
following uses may be included by right with Site Plan Review within a mixed use structure in a
mixed use development:
a. Retail Uses;
b. Sit Down Restaurants;
c. Cafes and outdoor dining areas;
d. Multi-family Residential uses;
e. Home Occupations;
f. Professional Service Offices;
g. Personal Service Establishments;
h. Municipal Uses;
i. Banks or financial institutions, automated teller machines (ATMs);
j. Health club;
k. Townhouses (single family dwellings connected by one or more walls);
1. Cinema, theatre, or auditorium;
m. Park, recreation or playground;
n. Artist studio/residence;
o. Assisted living residential uses senior apartments, and senior housing;
p. Artisan manufacturing or production (hand tools only, e.g.jewelry or ceramics);
q. Civic uses;
r. Livetwork-units;
s. Multiple Uses in the same structure;
t. Bars and cocktail lounges.
The above uses are not allowed as stand-alone structures in this district.
B. Special Permit Uses in a Mixed Use Development
1. The following uses may be included within a mixed use development with the approval of a
Special Permit from the Board of Appeals in accordance with s. 180-11 and 180-12:
a.. Hotel/Motel not exceeding 10 guest rooms per establishment;
b. Dry cleaning, linen cleaning, or diaper services which-clean clothing articles on site.
c. Animal hospitals;
d. Drive-up service windows associated with banks, pharmacies or cafes;
2. Within a mixed use development, the following uses shall not be allowed as free standing
buildings, and shall not provide drive through service windows:
a. Fast food restaurants;
b. Sit down restaurants;
c. Banks and automated teller machines (ATMs) .
C. Prohibited Uses in a Mixed Use Development
1. The following uses shall not be included within a Mixed Use Development:
a. Industrial uses;
b. Motor vehicle sales, maintenance and repair facilities;
c. Gasoline filling stations;
d. Adult entertainment uses;
e. Automobile or truck sales;
f. Junkyards.
D. Same-structure/On-site Mixed Use
1. Within an approved Mixed Use Development, there shall be no restriction on combining
different categories of use within the same building except any imposed by the State
Building Code or other federal, state, or local regulations.
Agawam Mixed Use Development Ordinance
P a S e 5
2. No mixed use development shall have more than 75% of the total square footage in
the development used for residential uses, including multi-family uses, assisted living
and senior housing.
E. Special Permit Criteria for All Mixed Use Developments
1. All Mixed Use Developments requiring a Special Permit in Section 6.65(B) above must
meet the Special Permit requirements in Section 180-11 and the Site Plan Approval
requirements in Section 180-13.
2. All Mixed Use Developments requiring a Special Permit must also meet the following
additional Special Permit criteria:
a. The project complies with the additional Performance Standards for Mixed Use
Developments in Section 6.66 below.
b. The project is consistent with the purposes of this ordinance, as stated in Section 6.62.
F. Dimensional Requirements
The dimensional requirements applicable to the Mixed'Use Overlay District are shown in the
Table of Dimensional and Density Regulations below:
Table of Dimensional and Densily Regulations for the Mixed Use, Business C District
Minimum Minimum Minimum Minimum Minimum Maximum Maximum Maximum
LotArea Frontage Front Side Rear Height Lot Setback
Yard Yard Yard Coverage _
0 s.f 25 feet 10 feet 0 feet 20 feet 45 feet/ 75% 15 feet
3 stories
6.66 Performance Standards for Mixed Use Developments
To the extent feasible,all Mixed Use Developments must meet the Performance Standards in
Sections 6.66 A-0 below.
No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes
excessive odor, noise, vibration or excessive light violating the standards set forth in the
performance criteria in this Section 6.66 A-0 .
Any other performance standards of the town shall also apply to uses conducted under this Section
6.6 of the Agawam Zoning Ordinances.
A. Access and Traffic Impacts:
1- Traffic and safety impacts to the existing and proposed roads shall be minimized.
2. Access provided via shared curb cuts shall be encouraged, Curb cuts shall be as narrow
as is feasible, without resulting in traffic safety issues.
3. Pedestrian and vehicular traffic shall be separated and walkways shall be provided for
access to adjacent properties and between businesses.
Agawam Mixed Use Development Ordinance
Page 16
4. Plans must illustrate provisions for safe automobile, pedestrian and bicycle circulation.
Provisions must be made for motor vehicle, bicycle, and pedestrian circulation connections
to adjacent lots.
5. The Planning Board shall require a detailed traffic study for the following uses:
a. high volume traffic generating uses with a trip generation rate over 700 vehicles/day
(based on Institute of Transportation Engineers rates found in Trip Generation)
b. the construction of a new Mixed Use Development structure of more than 25,000
square feet in gross floor area; and
c. any external enlargement that brings the Mixed Use Development total to 25,000
square feet gross floor area for all structures.
6. The Planning Board may waive any or all requirements for a traffic study for external
enlargements of less than 2,000 square feet of gross floor area in excess of the 25,000
gross floor area threshold. The traffic impact statement shall contain:
a. The projected number of motor vehicle trips to enter or leave the site, estimated for
daily and peak hour traffic levels;
b. The proposed traffic flow pattern for both vehicles and pedestrian access shall be
described and related to the site plan, including vehicular movements at all major
intersections likely to be affected by the proposed use of the site;
c. Traffic flow patterns at the site including entrances and egresses, loading and
unloading areas, and curb cuts on site and within one hundred (100)feet of the site;
d. A detailed assessment of the traffic safety impacts of the Proposed project or use on
the carrying capacity of any adjacent highway or road, including the projected number
of motor vehicle tdps to enter or depart from the site estimated for daily hour and peak
hour traffic levels, road capacities and impacts on intersection. Existing daily and peak
hour traffic levels and road-capacities shall also be given;
e. A parking lot vehicle traffic and pedestrian circulation plan shall be designed to
minimize conflicts and safety problems. -
B. Noise:
1.1 In order to protect, preserve, and promote the health, safety, welfare, peace, and quiet of
the inhabitants of Agawam through the reduction, control, and prevention of such loud or ,
raucous noise that unreasonably disturbs, injures, or endangers the comfort, privacy,
repose, health, peace or safety of reasonable persons, all noise levels, measured at a
height of four feet(4') above the ground surface at all property lines, using a sound meter
which meets the most current American National Standards Institute's Specification for
Type 11 Sound Level Meters, must not exceed the following standards:
U
Ma' k,"SO, I
49
7:00 a.m. to 7:00 p.m. 65*
7:00 p.m. to 11:00 P.M. 50
11:00 p.m. to 7:00 a.m. 45
*Note: 65 dba = normal conversation; 50 dba noise level of a normal working
refrigerator; 451dba = a quiet library
2. These standards shall not apply to power tools and equipment (i.e. lawn mowers, leaf
blowers, sweepers, etc.) used in the normal maintenance of the site's outdoor areas (i.e.
lawn, garden, parking, etc.). Such outdoor maintenance shall be limited to between the
hours of 8:00 am 7:00 pm.
Agawam Mixed Use Development Ordinanoe
P a g e 7
C. Emissions and Odors:
1. Emissions and odors shall be completely and effectively confined within the building, or so
regulated as to prevent any nuisance, hazard, or other disturbance from being perceptible
(without the use of instruments) at any lot line of the premises on which the use is located.
No emissions are permitted which can:
• cause any damage to health of humans, animals or vegetation
• cause excessive soiling
• result in odorous gases or odoriferous matter in such quantities as to be offensive
2. The determination of what emissions are in violation of this provision shall be made by the
zoning Enforcement Officer or his/her designee taking into consideration all of the following:
the level of the odor;
the nature of the odor is usual or unusual;
the origin of the odor is natural or unnatural;
the level of the ambient odor;
the proximity of the odor to living/sleeping facilities;
the nature and zoning of the area from which the odor emanates and the area where it
is received;
the duration of the odor; and whether the odor is recurrent, intermittent, or constant.
D. Lighting:
1. Lighting systems should be designed, constructed, and installed in a manner that controls
glare and light trespass, minimizes obtrusive light, conserves energy and resources while
maintaining safety, visibility, security of individuals and property and curtailing the
degradation of the nighttime visual environment. Evenly distributed lighting throughout a
site will minimize impacts on surrounding neighborhoods and increase efficiency. By
directing light where it is needed and only the intensity necessary to serve the intended
purpose, these standards will prevent glare and its harsh shadows and blind spots. All
lighting shall comply with the following:
• Except for approved exterior lighting, operations prod ucing glare shall be conducted
entirely within an enclosed building. No direct or sky-reflected glare, whether from
floodlights or from high temperature processes such as welding shall be permitted
beyond its lot lines onto neighboring properties, or onto any street.
• Exterior.lighting, including but not necessarily limited to lighting of exterior walls of
buildings from an external light source, lighting of parking areas, and lighting of walks
and drives shall be done in such a manner to direct light away from adjacent lots and
public ways.
• All outdoor light fixtures and illuminated signs shall be designed, located, installed and
directed i'n such a manner as to prevent light trespass beyond the property line, and
light above a ninety-degree horizontal plane. If necessary, an applicant may need to
provide photometric plans and/or manufacturing specification sheets to show
conformance with these standards
• All nonessential lighting, including display, parking, and sign lighting, shall be turned off
after business hours, leaving only the lighting necessary for site and pedestrian
security, crime prevention and streetlighting.
Agawam Mixed Use Development Ordinance
Page IS
• All lighting shall be recessed and shielded to prevent off-site glare.
• Site lighting shall conform to the following output standards:
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E. Storage:
1. All matedals, supplies and equipment shall be stored in accordance with Fire Prevention
Standards of the National Board of Fire Underwriters, and shall be screened from view from
public ways and abutting propertieSL
F. Waste Disposal:
I- Waste disposal shall follow state and town Board of Health regulations.
2. Storage of waste and waste facilities shall be screened from view from public ways and
neighboring properties,
3L Appropriate.provisions shall be made for the disposal of trash, which may include, but shall
not be limited to, the provision of trash compactors within the building or on site, as well as
a signed annual contract for rubbish removal.
4. Dumping of dumpsters shall be limited to weekdays between the hours of 7AM and 11PM
only. Dumpsters must be fenced, gated and screened from view.
G. Loading/Unloaiding:
1. The Planning Board may require that operations, including loading and unloading shall be
limited to weekdays between the hours of 7AM and 11 PM only.
2. Loading and unloading platforms and doorways specially designed for load ing/u nloadi ng
are prohibited on'the front side of any building.
H. Walkways:
1. For public convenience, a pedestrian and/or bicycle way or sidewalk system shall connect
all uses on the site, and otherwise provide appropriate circulation or continuity to an
existing pedestrian or bicycle circulation system. These uses include, but are not limited to
residential, parking, transit, bicycling, industrial, recreation, and commercial uses.
2. Walkways and sidewalks must conform to requirements of the.American with Disabilities
Act(ADA) and the Massachusetts Architectural Access Board (MAAB).
3. Sidewalks are required along all town streets. A treebelt is reguired adjacent to sidewalk
areas. The Planning Board can waive treebelt requirements in situations where they
determine that local conditions warrant.
Agawam Mixed Use Development Ordinance
Page 19
4. The development should provide internal and/or public pedestrian connections that are
direct, convenient and pleasant with appropriate amenities (e.g. attractive sidewalks and
benches).
1. Vehicular Access, Parking and Loading, and Shared Parking Requirements:
1. Parking shall be located to the side or rear of buildings. In no case shall parking be allowed
in the treebelt adjacent to the sidewalk or within the front setback of any lot.
2. Parking spaces may be located either on or off the lot. Applicant must show proof of space,
dedicated to the use, its location relative to the building, and must indicate if the space is
owned or leased.
3. Buildings that do not have frontage on a street must provide access for emergency and
service vehicles through the layout and design of driveways, interior service roads, or
pedestrian and bicycle circulation corridors,
4. The Planni i ng Board may allow shared parking in a mixed use development.
5. A parking study shall be required for all new structures within the District. A parking
study is not required for re-use of existing structures. A formal parking study may be
waived for small developments where there is established,experience with the land use
mix and its impact is expected to be minimal.' If's' tandard rate's are not available or
limited, the applicant may collect data at similar sites to establish local parking demand
rates.
J. Alleys:
1. Alleys are permitted to access parking in the rear of.structures, with Planning Board
review. Alleys must be safe, secure and well lit., Alleys must be paved, with a
minimum width of 10 feet.
K. Development and Design Standards:
1- Existing buildings shall be re-used for mixed use.developments, where feasible, as a
priority over new construction.
2. Buildings or structures that are listed or eligible for inclusion on the National Register of
Historic Places and/or the Massachusetts Register of Historic Places or within a local
historic district as established by M.G.L. Chapter 40C, shall be converted, constructed,
reconstructed, restored or altered to maintain or promote the status of the building or
structure on, or eligibility for inclusion on the State or National Register of Historic Places.
3. Applicants shall consult the Agawam Design Guidelines Handbook for guidance regarding
design issues for mixed used development. Applicants' site plans shall indicate how the
proposed development addresses the design issues referenced in the Agawam Design
Guidelines Handbook.
L. Signs:
1. Signs shall conform to the existing ordinances of the Town of Agawam ins. 180-75 through
s. 180-89.
Agawam Mixed Use Development Ordinanoe
Page 110
2. Permitted signs include: signs located within the sign band on building facades; awning
signs; hanging signs projecting from building facades; window signs and un-moveable free-
standing signs.
I Temporary signs permitted include: political signs; special events signs; and for sale or for
lease signs.
4. Prohibited signs include: flashing signs; roof signs; moveable signs; internally lit plastic
signs.
5. Each business may display not more than two permanent signs.
6. Sign materials should be durable and easy to maintain. Signs may be constructed of wood,
metal, stone, gold leaf, glass, canvas, stained glass or encased in a wooden frame.
7. Sign illumination may include external white light illumination, provided it is shaded from
view off the premises, and neon.
8. Sign size: Signs may not exceed sixteen square feet in area.
9. Sign height: Free-standing pole signs shall have a maximum height of ten feet; other free-
standing signs shall have a maximum height of four feet.
M. Landscaping Requirements:
1. Screening of mechanical equipment, trash, and loading areas shall be provided through the
use of walls, fences, and/or dense, evergreen plant materials.
2. The landscaped perimeter area shall have'a minimum width of at least five feet, and can
consist of tree planters, brick pavers, and benches.
3. Landscaping shall be provided for driveways and other vehicular use areas to provide
visual and climatic relief from broad expanses of pavement and to channelize and define
logical areas for pedestrian and vehicular traffic.
4. Interior parking areas shall be landscaped with sufficient shade1rees to provide 50%
shade within fifteen (15)years of installation.
5. Completion of'the landscaping requirements may be postponed due to seasonal weather
conditions for a period not to exceed six(6) months from the time of project completion.
6. Applicants shall reference the landscaping re commendations of the Agawam Design
Guidelines Handbook when preparing a proposed landscape plan.
N. Green Infrastructure and Stormwater Runoff
1. To the extent feasible, Mixed Use Development projects shall recharge all stormwater on
site. The use of green infrastructure strategies for stormwater recharge, such as
permeable pavements, tree box filters, green streets, rain gardens, stormwater infiltration
basins and green roofs, are strongly encouraged.. Applicants' site plans shall indicate how
the proposed.development addresses green infrastructure and stormwater recharge,
0. Maintenance of Landscaping and Screening:
1. All landscaping and screening shall be maintained by the property owner,
2. Landscaping and screening plant materials shall not encroach on the public walkways or
roadways in a way that impedes pedestrian or vehicular traffic.
3. Shrubs or trees that die shall be replaced Within one growing season.
Agawam Mixed Use Development Ordinance
P a g e 111
P. Appearance/Architectural Design
1. Architectural design shall be compatible with the historic character and scale of building in
the neighborhood and the Town of Agawam through the use of appropriate building
materials, screening, breaks in roof and wall lines and other architectural techniques.
Applicants should consult the Agawam Design Guidelines Handbook for specific guidance
on design issues.
2. In making its decision, the Planning Board may consider whether the building design is
compatible with the following design guidelines:
a. Exterior.facades are faced with stone or brick, or clapboards of wood, aluminum or
vinyl;
b. Exterior facade treatment is compatible on all sides visible from a public way or parking
lot;
c. Facades facing town streets have windows facing the street.
3. Variations in architectural detail, form and siting shall be used to provide visual interest and
avoid monotony.
4. Existing buildings subject to reconstruction or rehabilitation and proposed buildings shall be
compatible with the historic character and scale of contiguous buildings within the
immediate neighborhood vicinity.
5. Proposed buildings should relate harmoniously to each other.
6. Buildings shall be designed so that retail, restaurant, and personal service establishments
are strongly encouraged to be located on the ground or below grade building levels,
7. The-entire building fagade must be oriented to front and side street property lines and must
be located within ten feet of such property lines, with sidewalks in front of buildings.
8. Public open spaces, such as plazas and pocket parks, are encouraged within the
development;
Q. Outdoor Dining
1. Outdoor dining shall be permitted by right, as-an accessory use for any restaurant use,
and must comply with the following standards:
a. Alcohol may be served to and consumed by patrons in outdoor dining areas,
provided that all necessary licenses are acquired. These licenses are to be
gathered through the Liquor Commission, the Building Department and the
Board of Health.
b.The hours of operation of outdoor dining areas may be equal to or less than the hours
of operation of the main restaurant. Dining areas which abut residential areas must
end outdoor dining and seating by 11 pm.
c.Litter must be cleaned up regularly.
6.67 Optional Affordable Housing Bonus
A. A density bonus may be provided by the Planning Board, in return for provision of affordable
housing, if the following criteria are met.,
Agawam Mixed Use Deveiopment Ordinance
P a g e 12
1. At least ten (10%) percent of the total dwelling units in a mixed use development may
be designated as affordable housing. Affordable housing will be defined as those
residential units affordable to a household earning up to eighty percent (80%) of the
median income in Agawam's statistical area.
2. The affordable housing units shall include resale, lease or rental controls that will
ensure continued affordability by future low and moderate income households. Deed
restrictions or similar devices shall be used to limit future sale or rental prices for these
purposes.
3. The affordable units may be located in an existing structure if their construction
constitutes a net increase in the number of dwelling units in the development.
B. The Planning Board shall determine the density bonus, which may consist of both of the
following:
1. An increase in building height to a maximum of 4 stories;
2. An increase in lot coverage to a maximum of 95%.
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MIXED USE DEVELOPMENT DISTRICT
-Proposed Agawam Zoning Bylaw
What is the objective of Mixed Use Development Districts?
Mixed use districts foster well-planned, mixed-use, compact developments within downtown and
village areas, in keeping with the character of traditional New England villages. They can create
places with unique and positive local identities' and to provide development opportunities for
expanding a community's economic diversity and vitality.
Why are Mixed Use Development Districts needed?
Low-density urban sprawl has become the Pioneer Valley's dominant form of growth, consuming
open land at an accelerated pace. Smart growth principals promote the mixing of commercial and
residential uses to help create more interesting, functional, and environmentally sensitive built
environments. Mixed-use developments integrate housing, shops, offices, schools, parks, and civic
facilities into compact areas to make biking, walking, and using transit easier. They can help limit
sprawl and lessen air pollution.
How do Mixed Use Development Districts work?
Communities can adopt mixed use village center zoning to provide for pedestrian-friendly "Main
Street" shopping districts with attractive facades, parking on the street or behind buildings, tree-lined
streets and human scale buildings with offices/apartments above first-floor shops. Mixed-use projects
can combine residential, retail, office, and public institutional uses in compact villages or clusters to
provide opportunities for people to live close to work and services.
The Agawam Mixed Use Development District is an overlay district, which is superimposed over
several underlying zoning districts. It does not create any new zoning restrictions, but rather allows
new opportunities for economic development. The overlay district will be established in the Walnut
Street Extension Area, a district roughly bounded by Springfield Street, Suffield Street, Ramah Circle
North, Shopping Court and Columbus Street(see zoning map for additional details).
The bylaw will allow mixed use developments to be constructed with the approval of a Special Permit
with Site Plan Approval granted by the Planning Board. The following uses may be included within
a mixed use development: retail uses; quality restaurants; multi-family residential uses; home
occupations; professional service offices; personal service establishments; municipal uses; banks or
financial institutions; health club; small hotel or motel; bed-and-breakfast establishments; townhouses;
theatre; park; artist studio/residence; assisted living residential uses; parks and recreation; artisan
manufacturing;civic uses; live/work units; multiple uses in the same structure.
The bylaw prohibits certain uses in Mixed Use developments, such as industrial uses, gas stations,
auto sales, and adult uses.
To protect the community and neighborhoods, the bylaw contains detailed performance standards for
such issues as: access and traffic impacts; noise; vibration; odors; lighting; storage; waste disposal;
loading; vehicular access; parking; architectural design;signs; and landscaping.
Finally, the bylaw provides a density bonus for Mixed Use developments that include affordable
housing.
DID YOU KNOW. . .
In a Seatfie study, authors found that by mixing land uses and enhancing the relative convenience
on non-auto travel, 12.2% of all trips were non-motorized, compared to 3.9% in single-use residential
neighborhoods.
MIXED USE DEVELOPMENT EXAMPLES FROM THE PIONEER VALLEY
South Hadley Village Commons
The Village Commons is an outstanding example of a mixed use development in South Hadley
center, which includes retail shops and restaurants, a movie theater, as well as a residential
component. It is designed to fit compactly on a small site on the town common, with a well-defined
street line, pedestrian-friendly features and parking in the rear.
Pomeroy Commons,Amherst
Pomeroy Commons is a mixed—use development in Pomeroy Village Center of Amherst. Five
townhouse-style residential units occupy the top two floors, with commercial space on the street
level. The site is located in the center of south Amherst, within walking distance of many amenities.
The building features a front porch and balcony in the style of a grand old Berkshires hotel, parking
in the rear, and secure bicycle storage in a shed at the end of the building.
FPRIORITY AREA 1 Walnut-Street Extension-
A& -A,
Aw
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AO -7
7
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Total Acreage:24.70 Total number of Parcelso 17
Current Zoning: Business A, Industrial A and Residence A-2
Site VescriRtiont The Walnut Street Extension area is the main commercial shopping district for the
town.Located just over the bridge from West Springfield,this area is also a key gateway to the
community.There is a mix of existing commercial businesses and large underutilized/vacant
buildings. Public transit service is availabte during weekdays and Saturdays,
Water:Yes, 12" water main, provided by Town Sewe : Yes, provided by Town
Accessibility: Excellent Building Types-Commercial and residential
Access to Local Amenities: Banks, fast-food,fine- Number of vacant/undem1tilized grogerties:
dining, pharmacies/drugstores,retail,personal Nineteen
services,and day care establishments within or in
close proximity to target area,
Adjacent Land Uses and Zoning:Commercial,light industrial,goverrunent,and residential (mobile
home and single family)land uses.Adjacent zoning includes Business A,Business B,Industrial A and
Residence A-2 Districts.
Site Constraints: None Soil Limitations: None
Brownfields: Three ToRography MaR:At Engineering Department
Traffic: High Public Transit Availablg:Yes
Development Strat Redevelopment of vacant and underutilized properties for retail,commercial,
and mixed-use. Encourage design standards that address architectural design,landscaping,pedestrian
movement,and traffic flow. Create a village/town center for residents. Consider"green" technology,
such as green roofs,as part of redevelopment plan.
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180-141 Establishment and Administration
A. The Agawam Mixed Use Business C District shall include the properties listed below. These
properties are included by reason of their potential to provide a flexible development area
aligned with the purpose of this Article.
Assessor's Map, Block and Lot
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114-3 7
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B. The provisions of this Section 180-144 shall be administered by the Planning Board, except as
otherwise provided herein.
C. The Planning Board may waive any information requirements it judges to be unnecessary to
the review of a particular plan. Such waiver decisions must be documented in writing by the
Planning Board.
180-142 Definitions
A. The following definitions shall apply to all mixed use applications under these zoning
ordinances:
1. Assisted Living: Housing for adults, with services provided, such as meals, laundry, and
housekeeping.
2. Business Services* Services used in the conducting of business and commerce, including
only:
a. Consumer and mercantile credit reporting;
b. News services;
c. Research, development and testing;
d. Business management and consulting;
e. Insurance company service offices;
f. Real estate offices.
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36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
TED
LEGAL NOTICE
AGAWAM CITY COUNCIL
The Agawarn City Council will hold a public hearing on Mmiday, December 16, 2013 at 7:00 PM at the
Roberta G. Doering School, 68 Main Street, Agawarn, MA. The purpose of this hearing will be vo hear the
petition of the Agawarn Planning Board on a proposed zoning arnendi-nent to Section 180 of the Agawarn
Zoning Ordinance by adding a new district entitled "Mixed Use Business C District". A copy ofthe
proposal can be obtained frorn the Agawam Planning 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:
Christopher C. Johnson
City Council President
(Ad to be run 11/28/13 & 12/5/13)
Town -of Agawam
36 Main Street Agawam,,Massac'husetts 01001-1837
Tel. 413-786-0400 Fax 413:-.786-9927
October 9, 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,'Counc'ilot.
Donald M. Rheault, Councilor
Robert Rossi, Councilor
Agawam Town Council
36 Main Street
Agawam, MA 01001
Dear Councilors:
At its duly called meeting.-held on October 3, 2013, the Agawam Planning Board voted to be the
petitioner on the attached Zoning Amendment"Mixed Use Business C District". -
If you have any questions, please contact this office at 786-04.00�extension 8738.
Sincerely,
Travis P. Ward, Chairman
AGAWAM PLANNING BOARD
cc: Clerk, Solicitor, File
Agawam Mixed Use Development Ordinance
Page I I
Proposed Agawam Mixed Use Development Ordinance
(Prepared by PVPC and Agawam Mixed Use Committee, updated 10-3-13)
6.6 MIXED USE BUSINESS C DISTRICT
6.61 Scope
To regulate Mixed Use Development in appropriate areas of the Town and to protect the public
health, safe�y, and general welfare in the Town of Agawam by establishing controls that will
facilitate flexible development while protecting the public interest.
6.62 Purposes
A. The purpose of this ordinance is to foster a greater oppprtunity,for'dreative development by
providing guidelirleswhich encourage a.mix of uses compatible with existing and neighboring
properties; to.pro'V ide housing and business uses in locations where a variety of town services
are available; to promote utilization of existing buildings and property, and to encourage the
provision of open areas. The intent, furtheirmore,'.is to-encourage interaction among acbvifies
located within a Mixed Use Development, to enhan'ce,,,business vitality,-reduce vehicular traffic,
provide employment opportunities for residents close to hom' e,.iansure'thb.compatibility with
each other of th6.commercial, and residential uses, ensure that the'appearance and effects of
buildings and uses.are harmonious With-the character of the area in which they are located by:
1 Allowing.a diversity of uses in close proximity in the district within a limited area, including
residential, commercial and office;
2. Accommodating mixed-use buildings with neighborhood-serving retail, service and other
uses on the ground floor and residential units above;
3. Encouraging development that exhibits the physical design characteristics of pedestrian-
orientedstorefront-style shopping streets;
4. Promoting the opportunity for people to work, meet, 'Shop.and.-utilize-services in the
vicinity of their�residences,
5. Providing opportunities for the.development of affordable housing,
6. Providing opportunities for a mixture.of uses in the.same building,
7. Promoting popositive pedestrian environment in the district,
8. Facilitating,integrated physical design,
9. Promoting a high level of design quality,
10. Encouraging the development of flexible space for small and emerging businesses,
11. Facilitating development proposals responsive to current and future market conditions,
and
12. Encouraging the development of open spaces'and parks within the district to
accommodate workers, residents, pedestrians, and shop'pers.
Agawam Mixed Use Development Ordinanoe
P a g e 12
6.63 Establishment and Administration
A. The Agawam Mixed Use Business C District is shown on the Zoning Map as set forth on the
map entiUed "Agawam Mixed Use Business C District", dited , prepared by
Pioneer Valley Planning Commission. This map is hereby made a part of the Zoning Ordinance
and is on file in.the Office of the Town Clerk.
B. The provisions of this Section 6.6 shall be administered by the Planning Board, except as
otherwise provided herein.
C. The Planning Board may waive any information requirements it judges to be unnecessary to
the review of a particular plan. Such Waiver decisions must be documented in writing by the
Planning Board..
6.64 Definitions
A. The following definitions shall apply to all mixed use applications under these zoning
ordinances:
1. Assisted Living: Housing for adults, with services provided, such as meals, laundry, and
h6usekeeping.
2. Business Services: -Services used in the conducting of business and commerce, including
only:
a. Consumer and mercantile credit reporting;
b. News.services;
c. Research, development and testing;
d. Business management and consulting;
e. Insurance.company service offices;
f. Real estate offices.
3. Caf& a coffee h ouse or small restaurant, often with an enclosed or outdoor section
extending onto the sidewalk '
4. Driveway: A space, located on a lot, built for access to a'garag6 or off-street parking or
loading space.
5. Fast Food Restaurant: An establishment whose principal business is the sale of pre-
prepared L or rapidly prepared food directly to the'customer in a ready-to-consume state for
consumption either within the restaurant building or off-the:premises. Orders are not
generally taken at the custome�s table, and food is'ge inerally served in disposable
wrapping or'containers.
6. Live-work Units: A live/Work unit is defined as a si'ngI'e unit (e.g., studio, loft, or one
bedroom) consisting of both a commercial/office.an'd a residential component that is
occupied by the same resident. The live/work unit shall be the prim.ary dwelling of the
occupant.
Agawam Mixed Use Development Ordinance
P a S e 13
7. Lot Coverage: means the area of a lot covered by the footprint of all structures, as well as
decks, balconies, porches, and similar architectural features, driveway areas, expressed as
a percentage of the total lot area.
8, Mixed Use Development: The development of a tract of land, building, or structure with two
(2) or more different uses such as, but not limited to, residential, office, commercial,
institutional, or entertainment, in a compact villagpform, with,vehicular.access to an
accepted public way. A proposed Mixed Use Development shall..demonstrate that the
project shall be served by town water and sewer service upon completion of the proposed
development,
9. Odor: A strong and unpleasant smell,.for example, a garbage or chemical smell:
10. Personal Services: Establishments primarily engaged in'providing services involving the
care of'a person or his/her apparel, including but not limited to:
a. Laundering;dry cleaning and garments services not exceeding 5,000 square feet of
floor area per establishment;
b. Colh operated.laundries;
c. Shoe repair;
d. Photographic services;
e. Beauty.and,barber shops;
f. -Apparel repair and alteration;'
g. Funeral services;
h. Health clubs;
i. Clothing rental.
11. Professional Ser'vices: Services performed by professional persons for business and
pers onal us6,"'i'ncluiding, but not limited to:
a. Me"dical alld'health offices and,clinics not exceeding 5,000 feet of floor area per office
or group,of offices;
b. Planning;
c. Engineering and architectural;
d. Accounting;
e. Auditing and bookkeeping;
f. Educational and scientific.
12. Senior and/or Handicapped Housing or Senior Apartments: Age-restricted multi-unit
housing for 55 and older adults, or handicapped'-pdrs6ns, with self-contained living units for
older adults who are able to carefor themselves. Us ually no additional-services such as
meals or transportation are provided.
13. Sit Down Restaurant: An eating establishment with turnover rates generally of at least one
hour or longer, serving food'intended for consumption on the premises.
14. Treebelt: Can:consist of tree planters, brick pavers, and benches with a minimum width of
five feet.
6.65 Use Regulations
A. Uses Allowed by Right with Site Plan Review in a Mixed Use Development
Agawam Mixed Use Development Ordinance
Page 14
1. Mixed use developments may be constructed in the Mixed Use Development Overlay
District with Site Plan Review by the Planning Board in accordance with s.180-13. The
following uses.may be included by right with Site Plan Review within a mixed use structure in a
mixed use development:
a. Retail Uses;
b. Sit Down Restaurants;
c. Cafes and outdoor dining areas;
d. Multi-family Residential uses;
e. Home Occupations;
f. Professional Service Offices;
g. Personal Service Establishments;
h. Municipal Uses;
i. Banks or financial institutions, automated teller machines (ATMs);
j. Health club;
k. Townhouses(single family dwellings connected by one or more walls);
1. Cinema, theatre, or auditorium;
m. Park, recreation,or playground;
n. Artist studio/residence;
o. Assisted living residential uses senior apartments, and ' senior.h6using;
p. Artisan manufactuHng or production (hand tools only, e.g.jewelry or ceramics);
q. Civic uses;
r. Live4o' rk-units;
s. Multiple Uses in.the same structure;
t, Bars and cocktail lounges.
The above uses are not allowed as stand-alone structures-in this distdct.
B. Special Permit Utes in a Mixed Use Development
1. The'following uses may be included within a mixed use development with the approval of.a
Special Permit from the Board of Appeals in. accordance with s. 180-11 and 180-12:
a. Hotel/Motel not exceeding 10 guest:roorni; pe'r.�stablishment;
b.' Dry cleaningjinen cleaning, or diaper service's which'clea n'clothing articles on site.
c. Animal hospitals;
d. Drive-up.service windows associated with banks, pharmacies or cafes;
2. Within a mi,�ed use'development, the following uses shall not be allowed as free standing
buildings, and shall not provide drive'through,serv,ice windows:
a. Fast food restaurants;
b. Sit down restaurants;
c. Banks.and automated teller machines (ATMs)
C. Prohibited Uses in a Mixed Use Development
1 The following uses shall not be included within a,Mixed-Use Development:
a. Industdal uses;
b. Motor vehicle sales, maintenance and repair facilities;
c. Gasoline.filling stations;
d. Adult entertainment uses;
e. Automobile or truck sales;
f. Junkyards,
D. Sam e-stru ctu re/On-site Mixed Use
1. Within.an approved Mixed Use Development, there shall be no restriction on combining
different categories of use within the same building except any imposed by the State
Building Code or other federal, state, or local regulabons.
Agawarn Mixed Use Development Ordinance
Page 15
2. No mixed use development shall have more than 75% of the total,square footage in
the development used for residential uses, including multi-family uses, assisted living
and senior housing.
E. Special Permit Criteria for All Mixed Use Developments
1- All Mixed Use Developments requiring a Special Permit in Section 6.65(B) above must
meet the Special Permit requirements in Section 180-11 and the Site Plan Approval
requirements in Section 180-13.
2. All Mixed Use Developments requiring a Special Permit must also meet the following
additional Specia.1 Permit criteria:
a. The project complies with the additional Performance Standards for Mixed Use
Developments in Section 6.66 below.
b. The project is consistent with the purposes of this ordinance,.as stated in Section 6.62.
F. Dimens lonall Re4uirements
The dimensional requirements applicable to the Mixed'Use.-Oved.ay District are shown in the
Table of Dimensional and Density Regulations below:
Table of Dimensional and Density Reaulations for the Mixed Use, Business C District
Minimum Minimum Minimum Minimum -MiniMUM Maximum Maximum Maximum
Lot Area Frontage Front Side Rear' Heig,6t'. Lot Setback
Yard Yard Yard Coverage -
0 S.f. 25 feet 10 feet 0 feet .20 feet 45 feetl 75%. 15 feet
3 stoiles
6.66 Performance Standards for Mixed Use Developments..:' r
To the extent feas.ible,..all Mixed Use Developments must meet the'Performance Standards in
Sections 6.66 A-O'below.
No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes
excessive odor, noise, vibration or excessive light -vio lating-the standards set forth in the
performance criteda in this Section 6.66 A-0 .
Any other performance standards of the town shall also apply to uses conducted under this Section
6.6 of the Agawam.Zohing Ordinances.
A. Access and Traffic Impacts:
1. Traffic and safety impacts to the existing and proposed roads shall be minimized.
2. Access provided via shared curb cuts shall be encouraged. Curb cuts shall be as narrow
as is feasible, without resulting in traffic safety issues.
3. Pedestrian and vehicular traffic shall be separated and walkway� shall be provided for
access to adjacent properties and between businesses".
Agawam Mixed Use Development Ordinance
Page 16
4. Plans must illustrate provisions for safe automobile, pedestrian and bicycle circulation.
Provisions must be made for motor vehicle, bicycle, and pedestrian circulation connections
to adjacent lots.
5. The Planning Board shall require a detailed traffic study for the fo'Ilowing uses:
a. high volume traffic generating uses with a trip generation rate over 700 vehicles/day
(based on Institute of Transportation Engineers rates found in Trip Generation)
b. the construction of a new Mixed Use Development structure of more than 25,000
square feet in gross floor area; and
c. any external enlargement that bdngs the Mixed Use Development total to 25,000
square feet gross floor area for all structures.
6. The Planning Board may waive any or all requirements for a traffic study for external
enlargements of less than 2,000 square feet of gross floor area in excess of the 25,000
gross floor are'a threshold. The traffic impact statement shall contain:
a. The projected number of motor vehicle trips to enter or leave the site, estimated for
daily and peak hour traffic levels;
b. The proposed traffic flow pattern for both'vehicles and,pede§trian access shall be
described and,related to the site plan, including vehicular movements at all major
intersecfions likely to be affected by the proposed use of the site;
C. Traffic flo;w patterns at the site including entrances and egresses, loading and
unloading areas, and curb cuts on site.and w!,thin one hundred (100)feet of the site;
d. A detailed assessment of the traffic safety irii0acts-of thelpr6posed project or use on
the carrying capacity of any adjacent highway or road,.'including the projected number
of motor vehicle trips to enter or depart from the site estimated for daily hour and peak
hourt'raffic levels, road'capa'citi.es and impacts on intersection. Existing daily and peak
hour traffic levels and road,c apacities shall also be given;
e. A parking lot vehicle traffic and pedestrianbirculati6n.plan shall be designed to
minimize conflicts and safety problems.-
B. Noise:
1.. In order to protect, preserve, and promote the health,.safety,.welfare, peace, and quiet of
the inhabitants of Agawam through the reduction;'control,-and prbvention of such loud or ,
raucous noise-that unreasonably disturbs, injures, or endangers the comfort, privacy,
repose, health" peace or safety of reasonable persons, all noise levels, measured at a
height of four feet(4') above the ground surface at all property lines, using a sound meter
which meets the most current American National Standards Institute's Specification for
Type 11 Sound Level Meters, must not exceed the following standards:
Max.
-N
Z
WI
7:00 a.m'. to 7:00 p.m. 65*
7:00 p.m. to 11:00 P.M. 50
11:00 p.m. to 7:00 a.m. .45
*Note: 65 dba = normal conversation; 50 dba = noise level of a normal working
refrigerator; 451dba = a quiet library
2. These standards shall not apply to power tools and equipment (i.e. lawn mowers, leaf
blowers, sweepers, etc.) used in the normal maintenance of the site's outdoor areas (i.e.
lawn, garden, parking, etc.). Such outdoor maintenance shall be limited to between the
hours of 8:00 am 7:00 pm.
Agawam Mixed Use Development Ordinance
Page 17
C. Emissions and Odors:
1 Emissions and odors shall be completely and effectively confine6within the building, or so
regulated as to prevent any nuisance, hazard, or other disturbance from being perceptible
(without the use of instruments) at any lot line of the premises on which the use is located.
No emissions are permitted which can:
• cause any damage to health of humans, animals or vegetation
• cause excessive soiling
• result in odorous gases or odoriferous matt&rin such quantities as to be offensive
2. The determination-of what emissions are in violation of this provision shall be made by the
zoning Enf'orcement Officer or his/her designee taking into consideration all of the following:
• the level of the odor;
* the nature of the odor is usual or unusual;
• the origin of the odor is natural or unnatural;'-.
• the level of the ambient odor;
• the proximity of the odor to living/sleeping facilities;
• the nature'and toning of the are.a.from which the odor emanates and the area where it
is-rebeivEid;
• the duration of.the odor; and whether the odor:is recurrent, intermittent, or constant.
D. Lighting:
1. Ligh.ting systems should be designed, constructed, and installed in a manner that controls
glare and light trespass, minimizes obtrusive light, conserves energy and resources-while
maintaining'.safet y, visibility, security of individuals and. property and curtailing the
degradation' of the nighttime visual environment,.Evenly distribu lighting throughout a
Aed
site will minimize impacts on surrounding neidhbo rh66dsand inc,rease efficiency. By
directing light'where it is needed and only the intensity necessWy to serve the intended
purpose,-these' standards will prevent glare and its harsh shadows and blind spots. All
lighting shall coomply with the-followin;g:
• Except for approved exterior lighting, op6rations'prpducirig glare shall be conducted
entirely within an enclosed building. No direct or sky-refiect6d glare, whether from
floodlights,or from high temperature processes such as'welding shall.be permitted
beyond its lot lines onto neighboring properties, or onto any.street.
• Exterior,lighting, including but not necessarily limited to lighting of exterior walls of
buildings from an external light source, lighting of parking areas, and lighting of walks
and drives shall be done in such a manner10 direct light away from adjacent lots and
public ways.
• All outdoor light Wures and illuminated signs shall be designed, located, installed and
directed i'n such a manner as to prevent light trespass beyond the property line, and
light above a ninety-degree horizontal plane. If necessary, an applicant may need to
provide photometric plans and/or manufacturing specification sheets to show
conformance with these standards
• Alt nonessential lighting, including display, parking, and sign lighting, shall be turned off
after business hours, leaving only the lighting necessary for site and pedestrian
security, crime prevention and streetlighting.
Agawam Mixed Use Development Ordinance
P a g e 18
• All lighting shall be recessed and shielded to prevent off-site glare.
• Site lighting shall conform to the following output standards:
A
T
"Xigmt
On rJQ PA 1.1 R lam
0 t a --"M,111100
25. . 0
E. Storage:
1. All materials, supplies and equipment shall be stored in accordance with Fire Prevention
Standards of the National Board of Fire Underwrit6m, and.shallL be screened from view from
public ways and abutting properties.
F. Waste Disposal-
1 Waste disposal s hall follow state,and town Board of Health regulations.
2. Storage of waste and waste facilities shall be L Sor6 L ened frorn-Vie'W from public ways and
neighboring.properties.
3. Appropriate.pr ovisions shall be made for the disposal of trash, which may include, but shall
not be limited to, the provision'of trash compactors within the building or on site, as well as '
a signed annual contract for rubbish removal.
4. Dumping of dumpsters shall be limited to weekdays between the hours of 7AM and 11PIVI
only. Dumpste.rs must be fenced, gated and screened from view.
G. Load ing/Un loadl ng:
1. The Planning Board may require that operatio' ns, including.loading and unloading shall be
limited to weekdays between the hours of 7AM and 11 PM only..
2. Loading and uhloading.plafforms and doorways specially designed for loading/unloading
are prohibited on'the-front side of any building.
H. Walkways:
1. For public convenience, a pedestrian and/or bicycle way or sidewalk system shall connect
all uses on th'6 site, and otherwise provide appropriate circulation or continuity to an
existing pedestrian or bicycle circulation system. These uses include, but are not limited to
residential, parking, transit, bicycling, industrial, recreation, and commercial uses.
2. Walkways and sidewalks must conform to requirements of the American with Disabilities
Act (ADA) and the Massachusetts Architectural Access Board (MAAB).
3. Sidewalks are.required along all town streets, A treebelt is reguired adjacent to sidewalk
areas. The*Planning Board can waive treeb elt requirements in situations where they
determine that local conditions warrant.
Agawam Wxed Use Development Ordinance
P a g e 19
4. The development should provide internal and/or publi c pedestrian connections that are
direct, convenient and pleasant with appropriate amenities (e.g. attractive sidewalks and
benches).
I. Vehicular Access, Parking and Loading, and Shared Parking Requirements:
1. Parking shall be located to the side or rear of buildings. In no case shall parking be allowed
in the treebel.t adjacent to the sidewalk or within the front setback of any lot.
2. Parking sp.aces may be located either on or off the lot, Applicant must show proof of space,
dedicated to the use, its location relative to the building, and must indicate if the space is
owned or leased.
3. Buildings that do not have frontage on a street M'ust provide access for emergency and
service vehicles through the layout and design of driveways, interior service roads, or
pedestrian and-bicycle circu latio n corridors.
4. The Plannipg,Board.may allow shared parking in a mixed use development.
5. A parkingstudy shall be required:f6r all new structures within the District. A parking
study is not.required for re-use.of existing structures. A formal parking study may be
waivdd for small developments where there'.is es.tablis.hed.experience with the land use
mix and its impact is expected to be minimal.. If.standard rate*.are not available or
limited, the applicant may collect data at similar sites to'e' stablis' h local parking demand
rates.
J. Alleys:
1 Alleys are permitted to access parking in'th6:-fear 6f.structur.es, with Planning Board
review. Alleys must be safe, secure and well-I it..'.A.11bys must'be.paved, with a
minimum Mdth of 10 feet,
K. Development'and'D.esign Standards:'
1 Existing buildings shall be're-used for mixed use developments,where feasible, as a
priority over new construction.
2. Buildings or structures that are lis ted or eligible for inclusion on the National Register of
Historic Places and/or the Massachusetts Register of Historic Places or within a local
historic district as established by M.G.L. Chapter 40C,,shall be converted, constructed,
reconstructed, restored or altered to maintain or promote the:staitus of the building or
structure on, or eligibility for inclusion on the State or National Register of Historic Places.
3, Applicants shall consult the Agawam Design Guidelines Handbook for guidance regarding
design issues for.mixed used development. Applicants' site plans shall indicate how the
proposed development addresses the design issues referenced in the Agawam Design
Guidelines Handbook,
L. Signs:
1. Signs shall con'fo.rm to the existing ordinances of the Town of Agawam in s, 180-75 through
s. 180-89.
Agawam Mlxed Use Development Ordinance
P a g e 10
2. Permitted signs include: signs located within the sign band on building facades; awning
signs; hanging signs projecting from building facades; window signs and un-moveable free-
standing signs.
3. Temporary signs permitted include: political signs; special events signs; and for sale or for
lease signs.
4. Prohibited signs include: flashing signs; roof signs; moveable signs; internally lit plastic
signs.
5. Each business may display not more than two permanent signs.
6. Sign materials should be durable and easy to maintain. Signs may be constructed of wood,
metal, stone, gold leaf, glass, canvas, stained glass or encased in a wooden frame.
7. Sign illumination may include external white light illumination, provided it is shaded from
view off the premises, and neon.
8. Sign size: -Signs may not exceed sixteen square feet in area.
9. Sign height Free-standing pole signs shall have a maximum height of ten feet; other free-
standing signs shall have a maximum height offour feet.
M. Landscaping Requirements:
1. Screening of'mechanical equipment, trash, and loading are'as-shall be provided through the
use of walls,fences, and/or dense', evergreen plant materials.
r
2. The landscaped perimeter area shall have'a mini'murn Width of-at least five feet, and can
consist of tree planters, brick pavers, and befiche;s.-
3. Landscaping �hall'be provided for driveways and other vehicular use areas to provide
visual and clirriadc relief from broad expanses of pavement and to channelize and define
logical area's for pedestrian and vehicular traffic.
4. Interior parking areas shall be landscaped wi th sufficient sbadd-trees to provide 50%
shade within fifteen (115) years of installation.
5. Complebon.of the landscaping requirements may be postponed due to seasonal weather
conditions for-a period not to.exceed six.(6) months from the time of project completion.
6. Applicants shall reference the landscaping recommendations df-the'Agawarn Design
Guidelines Handbook when preparing a proposed landscape plan.
N. Green Infrastructure and Stormwater Runoff
1- To the extent feasible, Mixed Use Development projects shall recharge all stormwater on
site. The use of green infrastructure strategies for stormwaier-r6charge, such as
permeable pavements, tree box filters, green streets, rain gardens, stormwater infiltration
basins and green roofs, are strongly encouraged. Applicants' site plans shall indicate how
the proposed,development addresses green infrastructure and stormwater recharge.
0. Maintenance o f Landscaping and Screening:
1. All landscaping and screening shall be maintained by the property owner.
2. Landscaping and screening plant materials shall not encroach on the public walkways or
roadways in a-way that impedes pedestrian or vehicular traffic.
3. Shrubs or trees that die shall be replaced within one growing'-season.
Agawam Mixed Use Development,Ordinance
Page ill
P. Appearance/Architectural Design
1. Architectural design shall be compatible with the historic character and scale of building in
the neighborhood and the Town of Agawam through the use of appropriate building
materials, screening, breaks in roof and wait lines and other architectural techniques.
Applicants should consult the Agawam Design Guidelines Handbook for specific guidance
on design issues.
2. In making its decision, the Planning Board may consider whether the building design is
compatible with the following.design guidelines:
a. Exterior.-facades are faced with stone or brick, or clapboards of wood, aluminum or
vinyl;
b. Exterior facade treatment is compatible on'all'sides visible from a public way or parking
lot;
c. Facades.facing town streets have windows facing the street.
3. Variations in architectural detail, form and:siting shall be used to provide visual interest and
avoid:monotony.
4, Existing buildings subject to reconstruction or rehab!litatio n,a nd proposed buildings shall be
compatible with the historic character and scale of contiguous.buildings within the
immediate neighborhood vicinity..
5. Proposed buildings should relate harmoni6usly-to each other.
6. Buildings shall be designed so that retail, restaurant,"and personal service establishments
are strongly encouraged to be located on the grod!nd or' below grade.building levels.
7. The.enfire.building fagade must be oriented to front and side street property lines and must
be located wiihin-ten.feet of such property lines, with sidewalks in front of buildings.
8. Public open spaces, such as plazas and pocket.'pirks, a'r'e encouraged within the
development;
Q. Outdoor Dining
1 Outdoor dining shall be permitted by right, as-�n accessory.use.f6r any restaurant use,
and must comply with the following standards-
a. Alcohol may be served to and consumed by patrons in outdoor dining areas,
provided that all necessary licenses are acquired. These licenses are to be
gathered through the Liquor Commission, the Building Department and the
Board of Health.
b.The hours of operation of outdoor dining areas rnay be equ al to or less than the hours
of operation of the main restaurant. Dining areas which abut residential areas must
end'outdoor dining and seating by 11 pm.
c.Litter must be cleaned up regularly.
6.67 Optional Affordable Housing Bonus
A. A density bonus may be provided by the Planning Board, in return for provision of affordable
housing, if the following criteria are met:
Agawam MLxed Use Development Ordinanoe
Page 112
I At least ten (10%) percent of the total dwelling units'in a mixed use development may
be designated as affordable housing. Affordable housing will be defined as those
residential units affordable to a household earning up to eighty percent(80%) of the
median income in Agawam's statistical area.
2. The affordable housing units shall'include resale,'leas'e or rental controls that will
ensure continued affordability by future low and moderate income households. Deed
restrictions or similar devices shall be used'to limit future sale or rental prices for these
purpo'ses..
I The affordable-units may be located in an existing structure if their construction
constitutes a net increase in the number of dwelling Units in the development.
B. The Planning Board shall determine the density bonus, which'may consist of both of the
following:
1 An increase in building height to a maximum of 4 stories;
2. AnAncrease in.lot coverage to a maximum of 95%.
MIXED USE DEVELOPMENT DISTRICT
Proposed Agawam Zoning Bylaw
What is the objective of Mixed Use Development Districts?
Mixed use districts foster well-planned, mixed-use, compact developments within downtown and
village areas, in keeping with the character of traditional New England villages. They can create
places with unique and positive local identities, and to provide development opportunities for
�xpanding a community's economic diversity and vitality.
Why are Mixed Use Development Districts needed?
Low-density urban sprawl has become the Pioneer Valley's dominant form of growth,consuming
open land at an accelerated pace.Smart growth principals promote the mixing of commercial and
residential uses to help create more interesting, functional, and environmentally sensitive built -
environments. Mixed-use developments integrate housing,shops, offices, schools, parks, and civic
facilities into compact areas to make biking, walking, and using transit easier.They can help limit
sprawl and lessen air pollution.
How do Mixed Use Development Districts work?
Communities can adopt mixed use village center zoning to provide for pedestrian-friendly "Main
Street" shopping districts with attractive facades, parking on the street or behind buildings, tree-lined
streets and human scale buildings with offices/apartments above first-floor shops. Mixed-use projects
can combine residential, retail, office, and public institutional uses in compact villages or clusters to
provide opportunities for people to live close to work and services.
The Agawam Mixed Use Development District is an overlay district, which is superimposed over
several underlying zoning districts. It does not create any new zoning restrictions, but rather allows
new opportunities for economic development. The overlay district will be established in the Walnut
Street Extension Area, a district roughly bounded by Springfield Street, Suffield Street, Ramah Circle
North, Shopping Court and Columbus Street(see zoning map for additional details).
The bylaw will allow mixed use developments to be constructed with the approval of a Special Permit
with Site Plan Approval granted by the Planning Board. The following uses may be included within
a mixed use development: retail uses; quality restaurants; multi-family residential uses; home
I
occupations; professional service offices; personal service establishments; municipal uses; banks or
financial institutions; health club; small hotel or motel; bed-and-breakfast establishments; townhouses;
theatre; park; artist stud io/resid ence; assisted living residential uses; parks and recreation; artisan
manufactu ring;civic uses; live/work units; multiple uses in the same structure.
The bylaw prohibits certain uses in Mixed Use developments, such as industrial uses, gas stations,
auto sales, and adult uses.
To protect the community and neighborhoods, the bylaw contains detailed performance standards for
such issues as: access and traffic impacts; noise; vibration; odors; lighting; storage; waste disposal;
loading; vehicular access; parking; architectural design;signs;and landscaping.
Finally, the bylaw provides a density bonus for Mixed Use developments that include affordable
housing.
DID YOU KNOW. . .
In a Seattle study, authors found that by mLxing land uses and enhancing the relative convenience
on non-auto travel, 12.2% of all trips were non-motorized, compared to 3.9%in single-use residential
neighborhoods.
.MIXED USE DEVELOPMENT EXAMPLES FROM THE PIONEER VALLEY
South Hadley Village Commons
The Village Commons is an outstanding example of a mixed use development in South Hadley
center, which includes retail shops and restaurants, a movie theater, as well as a residential
component. It is designed to fit compactly on a small site on the town common, with a well-defined
street line, pedestrian-friendly features and parking in the rear.
Pomeroy Commons,Amherst
Pomeroy Commons is a mixed—use development in Pomeroy Village Center of Amherst. Five
townhouse-style residential units occupy the top two floors, with commercial space on the street
level. The site is located in the center of south Amherst, within walking distance of many amenities.
The building features a front porch and balcony in the style of a grand old Berkshires hotel, parking
in the rear,and secure bicycle storage in a shed at the end of the building.
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AGAWAM CITY COUNCIL
36 MAIN STREET
AGAWAM,M-A 01001
02 1A $ 00-46"
0004625591 DEC06 2013
MAILED FROM ZIPCODE 0 1 152
JASMIN NORMAN F
JASMIN SOPHIE F
82 SPRINGFIELD ST
AGAWAM, MA 01001-1506
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6.1 7 1 e'o'9 0012/1,0j.13
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NOT DE.L.IVERABLE AS ADDRESSED
UNABLE TO FORWARD
a cl. 016314.183136 2'2244-
0 100 11 506i3-7
0# Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
TED
LEGAL NOTICE
AGAWAM CITY COUNCIL
The-Agawarn City Council will hold a public hearing, on Monday, December J6, 2013 at 7:00 I'M at the
Roberta G. Doering School, 68 Main Street, Agawam, MA. The purpose of this hearing will be to hear the
petition of the Agawarn Planning Board on a proposed zon ing amendment to Section 180 of the Agawarn
Zoning Ordinance by adding a new district entitled "'Mixed Use Business C District". A copy of the
proposal can be obtained from the Agawam Planning Office between the hours of 8:30 AM and 4:30 PM In
the Agawarn Town Hall, 36 Main Street, Agawam, MA.
BY ORDER OF:
Christopher C. Johnson
City Council President
(Ad to be run H/28/13 & 12/5/1-3))
Town of Agawam
A
-1837
36 Main Street Agawam, Massachusetts 01001
N Tel. 413-786-0400 Fax 413-786-9927
Decerfiber 6, 2013
Christopher C. Johnson, President
Dennis J. Perry, Vice President
George Bitzas, Councilor
Cecilia P. Calabrese, Councilor r77
C-1
Paul C. C.avallo, Councilor C'>
James P. Cichetti, Councilor
Gina M. Letellier, Councilor
Robert A. Magovern, Councilor.
Joseph Mineo, Councilor
Donald M. Rheault, Councilor Cn
RobertRossi, Councilor
Agawam Town Council
36 Main Street
Agawam, MA 01001
Dear Councilors.
At itsduly called meeting*held on December 5, 2013, the Agawam Planning Board voted to send a
positive recommendation to the Town Council with regard to TOR?-2013-8—Mixed Use Business C
District and asks that the Council reconsider section 180-44 B (Noise) to address the issue of
potential entertai nment from the hours of 7:00 PM to 11:00-PM.
The proposed Mix Use Business C District is intended to encourage the redevelopment and
revitalization of the Walnut Street Extension Business District. The current zoning for this area is
Business A,Business B and Industrial A. These Districts present obstacles to the redevelopment of
the area by requiring unattainable dimensional requirements. The proposed Business C District
relakes these standards while seeking consistency of design and pedestrian,parking and streetscape
improvements.
The proposed Business C District is the second in a three phase approach to recognize the potential
of this 1940's-1950's commercial area and encourage private investment to realize its full economic
development potential.
If you have any questions, please contact this office at 786-0400, extension 8738.
Sincerely,
Mark R' Paleologopoulos, Chairman
AGAWAM PLANNING BOARD
cc: Clerk, Solicitor, File
ARTICLE XIX
MIXED USE BUSINESS C DISTRICT
180-139Scope
To regulate Mixed Use Development in appropriate areas of the Town and to protect the public
health, safety, and general welfare in the Town of Agawam by establishing controls that will
facilitate flexible development while protecting the public interest.
180-140 Purposes
A. The purpose of this ordinance is to foster a greater opportunity for creative development by
providing guidelines which encourage a mix of uses compatible with existing and neighboring
properties; to provide housing and business uses in locations where a variety of town services
are available; to promote utilization of existing buildings and property, and to encourage the
provision of open areas. The intent, furthermore, is to encourage interaction among activities
located within a Mixed Use Development, to enhance business vitality, reduce vehicular traffic,
provide employment opportunities for residents close to home, ensure the compatibility with
each other of the commercial, and residential uses, ensure that the appearance and effects of
buildings and uses are harmonious with the character of the area in which they are located by'.
1. Allowing a diversity of uses in close proximity in the district within a limited area, including
residential, commercial, and office;
2. Accommodating mixed-use buildings with neighborhood-serving retail, service and other
uses on the ground floor and residential units above;
3. Encouraging development that exhibits the physical design charactehstics of pedestrian-
oriented storefront-style shopping streets;
4. Promoting the opportunity for people to wbrk, meet, shop and utilize services in the
vicinity of their residences;
5. Providing opportunities for the development of affordable housing;
6. Providing opportunities for a mixture of uses in the same building;
7. Promoting a positive pedestrian environment in the district;
8. Facilitating integrated physical design;
9. Promoting a high level of design quality;
10. Encouraging the development of flexible space for small and emerging businesses;
11. Facilitating development proposals responsive to current and future market conditions;
and
12. Encouraging the development of open spaces and parks within the district to
accommodate workers, residents, pedestrians, and shoppers.
180-141 Establishment and Administration
A. The Agawam Mixed Use Business C District shall include the properties listed below. These
properties are included by reason of their potential to provide a flexible development area
aligned with the purpose of this Article.
Assessor's Map, Block and Lot
114-5-34
115-9-1
J15-1-1
J15-1-2
J15-1-3
J 15-4-1
J 15-4-2
J 15-4-3
J 15-4-4
J 14-3-3
J 14-3-4
J14-3-5
J 14-3-7
J 14-4-1
J 14-4-2
J14-4-3
J 14-4-5
J 14-4-6
J 14-4-7
J 14-4-8
J 14-4-9
B. The provisions of this Section 180-144 shall be administered by the Planning Board, except as
otherwise provided herein.
C. The Planning Board may waive any information requirements it judges to be unnecessary to
the review of a particular plan. Such waiver decisions must be documented in writing by the
Planning Board.
180-142 Definitions
A. The following definitions shall apply to all mixed use applications under these zoning
ordinances:
1. Assisted Living., Housing for adults, with services provided, such as meals, laundry, and
housekeeping.
2, Business Services: Services used in the conducting of business and commerce, including
only:
a. Consumer and mercantile credit reporting;
b. News services;
c. Research, development and testing;
d. Business management and consulting;
e. Insurance company service offices;
f. Real estate offices.
3. CaW A coffee house or small restaurant, often with an enclosed or outdoor section
extending onto the sidewalk
4. Driveway: A space, located on a lot, built for access to a garage or off-street parking or
loading space.
5. Fast Food Restaurant: An establishment whose principal business is the sale of pre-
prepared or rapidly prepared food directly to the customer in a read y-to-cons u me state for
consumption either within the restaurant building or off the premises. Orders are not
generally taken at the customer's table, and food is generally served in disposable
wrapping or containers.
6. Live-work Units: A livetwork unit is defined as a single unit (e.g., studio, loft, or one
bedroom) consisting of both a commercial/office and a residential component that is
occupied by the same resident. The livetwork unit shall be the primary dwelling of the
occupant.
7. Lot Coverage.- The area of a lot covered by the footprint of all structures, as well as decks,
balconies, porches, and similar architectural features, driveway areas, expressed as a
percentage of the total lot area.
8. Mixed Use Development: The development of a tract of land, building, or structure with two
(2) or more different uses such as, but not limited to, residential, office, commercial,
institutional, or entertainment, in a compact village form, with vehicular access to an
accepted public way. A proposed Mixed Use Development shall demonstrate that the
project shall be served by town water and sewer service upon completion of the proposed
development.
9. Odor: A strong and unpleasant smell, for example, a garbage or chemical smell.
10. Personal Services: Establishments primarily engaged in providing services involving the
care of a person or his/her apparel, including but not limited to:
a. Laundering, dry cleaning and garment services not exceeding 5,000 square feet of
floor area per establishment;
b. Coin operated laundries;
c. Shoe repair;
d. Photographic services;
e. Beauty and barber shops;
f. Apparel repair and alteration;
g. Funeral services;
h. Health clubs;
i. Clothing rental,
11 Professional Services. Services performed by professional persons for business and
personal use, including, but not limited to.-
a. Medical and health offices and clinics;
b. Planning;
c. Engineering and architectural;
d. Accounting;
e. Auditing and bookkeeping;
f. Educational and scientific.
12. Senior and/or Handicapped Housing or Senior Apartments: Age-restricted multi-unit
housing for 55 and older adults, or handicapped persons, with self-contained living units for
older adults who are able to care for themselves. Usually no additional services such as
meals or transportation are provided.
13. Sit Down Restaurant: An eating establishment with turnover rates generally of at least one
hour or longer, serving food intended for consumption on the premises.
14. Treebelt. Can consist of tree planters, brick pavers, and benches with a minimum width of
five feet.
180-143 Use Regulations
A. Uses Allowed by Right with Site Plan Review in a Mixed Use Development
1. Mixed use developments may be constructed in the Mixed Use Development Overlay
District with Site Plan Review by the Planning Board in accordance with s.180-13. The
following uses may be included by right with Site Plan Review within a mixed use structure in a
mixed use development:
a. Retail Uses;
b. Sit Down Restaurants;
c. Cafes and outdoor dining areas;
d. Multi-family Residential uses;
e. Home Occupations;
f, Professional Service Offices;
g. Personal Service Establishments;
h. Municipal Uses;
i. Banks or financial institutions, automated teller machines (ATMs);
j. Health club;
k. Townhouses (single family dwellings connected by one or more walls);
1. Cinema, theatre, or auditorium;
m. Park, recreation or playground,
n. Artist stud io/resid en ce;
o. Assisted living residential uses senior apartments, and senior housing;
p. Artisan manufacturing or production (hand tools only, e,g. jewelry or ceramics);
q. Civic uses;
r. Livetwork units;
s. Multiple Uses in the same structure;
t. Bars and cocktail lounges.
The above uses are not allowed as stand-alone structures in this district,
B. Special Permit Uses in a Mixed Use Development
1. The following uses may be included within a mixed use development with the approval of a
Special Permit from the Board of Appeals in accordance with s. 180-11 and 180-12:
a. Hotel/Motel not exceeding 10 guest rooms per establishment;
b. Dry cleaning, linen cleaning, or diaper services which clean clothing articles on site;
c. Animal hospitals;
d. Drive-up service windows associated with banks, pharmacies or cafes;
2. Within a mixed use development, the following uses shall not be allowed as free standing
buildings:
a. Fast food restaurants;
b. Sit down restaurants;
c. Banks and automated teller machines (ATMs).
C. Prohibited Uses in a Mixed Use Development
1. The following uses shall not be included within a Mixed Use Development:
a. Industdal uses;
b. Motor vehicle sales, maintenance and repair facilities;
c. Gasoline filling stations;
d. Adult entertainment uses;
e. Automobile or truck sales;
f. Junkyards.
D. Sam e-structu re/On-s ite Mixed Use
1. Within an approved Mixed Use Development, there shall be no restriction on combining
different categories of use within the same building except any imposed by the State
Building Code or other federal, state, or local regulations.
2. No mixed use development shall have more than 75% of the total square footage in
the development used for residential uses, including multi-family uses, assisted living
and senior housing.
E. Special Permit Criteria for All Mixed Use Developments
1. All Mixed Use Developments requiring a Special Permit in Section 180-143(B) above must
meet the Special Permit requirements in Section 180-11 and the Site Plan Approval
requirements in Section 180-13.
2. All Mixed Use Developments requiring a Special Permit must also meet the following
additional Special Permit criteria:
a. The project complies with the additional Performance Standards for Mixed Use
Developments in Section 180-144 below.
b. The project is consistent with the purposes of this ordinance, as stated in Section 180-
140.
F. Dimensional Requirements
The dimensional requirements applicable to the Mixed Use Overlay District are shown in the
Table of Dimensional and Density Regulations below:
Table of Dimensional and-Density Re I
-gulations for the Mixed Use Business C Q stELct
Minimum Minimum Minimum Minimum Minimum Maximum Maximum Maximum Setback
LotArea Frontage Front Side Rear Height Lot
Yard Yard Yard ge
0 SJ. 25 feet 10 feet 0 feet 20 feet 45 feet/ 75% 15 feet
1 3 stories I I
180-144 Performance Standards for Mixed Use Developments
To the extent feasible, all Mixed Use Developments must meet the Performance Standards in
Sections 180-144 A-0 below.
No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes,
excessive odor, noise, vibration or excessive light violating the standards set forth in the
performance criteria in this Section 180-144 A-Q.
Any other performance standards of the town shall also apply to uses conducted under this Section
180-144 of the Agawam Zoning Ordinances.
A. Access and Traffic Impacts:
I- Traffic and safety impacts to the existing and proposed roads shall be minimized.
2. Access provided via shared curb cuts shall be encouraged. Curb cuts shall be as narrow
as is feasible, without resulting in traffic safety issues.
3. Pedestrian and vehicular traffic shall be separated and walkways shall be provided for
access to adjacent properties and between businesses.
4. Plans must illustrate provisions for safe automobile, pedestrian and bicycle circulation.
Provisions must be made for motor vehicle, bicycle, and pedestrian circulation connections
to adjacent lots.
5. The Planning Board shall require a detailed traffic study for the following uses:
a. high volume traffic generating uses with a trip generation rate over 700 vehicles/day
(based on Institute of Transportation Engineers rates found in Trip Generation);
b. the construction of a new Mixed Use Development structure of more than 25,000
square feet in gross floor area; and
c. any external enlargement that brings the Mixed Use Development total to 25,000
square feet gross floor area for all structures.
6. The Planning Board may waive any or all requirements for a traffic study for external
enlargements of less than 2,000 square feet of gross floor area in excess of the 25,000
square feet gross floor area threshold. The traffic impact statement shall contain:
a. The projected number of motor vehicle trips to enter or leave the site, estimated for
daily and peak hour traffic levels;
b. The proposed traffic flow pattern for both vehicles and pedestrian access shall be
described and related to the site plan, including vehicular movements at all major
intersections likely to be affected by the proposed use of the site;
c. Traffic flow patterns at the site including entrances and egresses, loading and
unloading areas, and curb cuts on site and within one hundred (100) feet of the site;
d. A detailed assessment of the traffic safety impacts of the proposed project or use on
the carrying capacity of any adjacent highway or road, including the projected number
of motor vehicle trips to enter or depart from the site estimated for daily hour and peak
hour traffic levels, road capacities and impacts on intersection. Existing daily and peak
hour traffic levels and road capacities shall also be given;
e. A parking lot vehicle traffic and pedestrian circulation plan shall be designed to
minimize conflicts and safety problems,
B. Noise:
1. In order to protect, preserve, and promote the health, safety, welfare, peace, and quiet of
the inhabitants of Agawam through the reduction, control, and prevention of such loud or
raucous noise that unreasonably disturbs, injures, or endangers the comfort, privacy,
repose, health, peace or safety of reasonable persons, all noise levels, measured at a
height of four feet(4') above the ground surface at all property lines, using a sound meter
which meets the most current American National Standards Institute's Specification for
Type 11 Sound Level Meters, must not exceed the following standards:
lj��A�eof fli MINN
6
7:00 a.m. to 7:00 p.m. 65*
7:00 p.m. to 11:00 p.m. 50
11:00 p.m. to 7:00 a.m. 45
*Note: 65 dba = normal conversation; 50 dba = noise level of a normal working
refrigerator; 45dba = a quiet library
2. These standards shall not apply to power tools and equipment(i.e. lawn mowers, leaf
blowers, sweepers, etc.) used in the normal maintenance of the site's outdoor areas (i.e.
lawn, garden, parking, etc,). Such outdoor maintenance shall be limited to between the
hours of 8:00 am 7:00 pm.
C. Emissions and Odors:
I- Emissions and odors shall be completely and effectively confined within the building, or so
regulated as to prevent any nuisance, hazard, or other disturbance from being perceptible
(without the use of instruments) at any lot line of the premises on which the use is located,
No emissions are permitted which can:
• cause any damage to health of humans, animals or vegetation
• cause excessive soiling
• result in odorous gases or odoriferous matter in such quantities as to be offensive
2. The determination of what emissions are in violation of this provision shall be made by the
Zoning Enforcement Officer or his/her designee taking into consideration all of the
following:
• the level of the odor;
• the nature of the odor is usual or unusual;
• the origin of the odor is natural or unnatural;
• the level of the ambient odor;
• the proximity of the odor to living/sleeping facilities;
• the nature and zoning of the area from which the odor emanates and the area where it
is received;
• the duration of the odor; and whether the odor is recurrent, intermittent, or constant.
D. Lighting:
1. Lighting systems should be designed, constructed, and installed in a manner that controls
glare and light trespass, minimizes obtrusive light, conserves energy and resources while
maintaining safety, visibility, security of individuals and property and curtailing the
degradation of the nighttime visual environment. Evenly distributed lighting throughout a
site will minimize impacts on surrounding neighborhoods and increase efficiency. By
directing light where it is needed and only the intensity necessary to serve the intended
purpose, these standards will prevent glare and its harsh shadows and blind spots. All
lighting shall comply with the following:
• Except for approved exterior lighting, operations producing glare shall be conducted
entirely within an enclosed building. No direct or sky-reflected glare, whether from
floodlights or from high temperature processes such as welding shall be permitted
beyond its lot lines onto neighboring properties, or onto any street.
• Exterior lighting, including but not necessarily limited to lighting of exterior walls of
buildings from an external light source, lighting of parking areas, and lighting of walks
and drives shall be done in such a manner to direct light away from adjacent lots and
public ways.
All outdoor light fixtures and illuminated sigrra shall be designed, located, installed and
directed in such a manner as to prevent light trespass beyond the property line, and
light above a ninety-degree horizontal plane. If necessary, an applicant may need to
provide photometric plans and/or manufacturing specification sheets to show
conformance with these standards
• All nonessential lighting, including display, parking, and sign lighting, shall be turned off
after business hours, leaving only the lighting necessary for site and pedestrian
security, crime prevention and streetlighting.
• All lighting shall be recessed and shielded to prevent off-site glare.
• Site lighting shall conform to the following output standards:
RX,i gerage a
a d _1p -5 e i
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Lal-
5 2.5 0
E. Storage:
1. All materials, supplies and equipment shall be stored in accordance with Fire Prevention
Standards of the National Board of Fire Underwriters, and shall be screened from view from
public ways and abutting properties.
F. Waste Disposal:
1. Waste disposal shall follow state and town Board of Health regulations.
2. Storage of waste and waste facilities shall be screened from view from public ways and
neighboring properties,
3. Appropriate provisions shall be made for the disposal of trash, which may include, but shall
not be limited to, the provision of trash compactors within the building or on site, as well as
a signed annual contract for rubbish removal.
4. Dumping of dumpsters shall be limited to weekdays between the hours of 7AM and 11PM
only. Dumpsters must be fenced, gated and screened from view.
G. Load ing/Un loading:
1. The Planning Board may require that operations, including loading and unloading shall be
limited to weekdays between the hours of 7AM and 11 PM only.
2. Loading and unloading platforms and doorways specially designed for loading/u n loading
are prohibited on the front side of any building.
H. Walkways:
1. For public convenience, a pedestrian and/or bicycle way or sidewalk system shall connect
all uses on the site, and otherwise provide appropriate circulation or continuity to an
exisfing pedestrian or bicycle circulation system. These uses include, but are not limited to
residential, parking, transit, bicycling, recreation, and commercial uses.
2. Walkways and sidewalks must conform to requirements of the Americans with Disabilities
Act(ADA) and the Massachusetts Architectural Access Board (MAAB).
3. Sidewalks are required along all town streets. A treebelt is required adjacent to sidewalk
areas. The Planning Board can waive treebelt requirements in situations where they
determine that local conditions warrant.
4. The development should provide internal and/or public pedestrian connections that are
direct, convenient and pleasant with appropriate amenities (e.g. attractive sidewalks and
benches).
1. Vehicular Access, Parking and Loading, and Shared Parking Requirements:
I. Parking shall be located to the side or rear of buildings. In no case shall parking be allowed
in the treebelt adjacent to the sidewalk or within the front setback of any lot.
2. Parking spaces may be located either on or off the lot. Applicant must show proof of space,
dedicated to the use, its location relative to the building, and must indicate if the space is
owned or leased.
3. Buildings that do not have frontage on a street must provide access for emergency and
service vehicles through the layout and design of driveways, interior service roads, or
pedestrian and bicycle circulation corridors.
4. The Planning Board may allow shared parking in a mixed use development.
5. A parking study shall be required for all new structures within the District. A parking
study is not required for re-us i e of existing structures. A formal parking study may be
waived for small developments where there is established experience with the land use
mix and its impact is expected to be minimal. If standard rates are not available or
limited, the applicant may collect data at similar sites to establish local parking demand
rates.
J. Alleys:
1. Alleys are permitted to access parking in the rear of structures, with Planning Board
review. Alleys must be safe, secure and well lit. Alleys must be paved, with a
minimum width of ten (10)feet.
K. Development and Design Standards:
1. Existing buildings shall be re-used for mixed use developments, where feasible, as a
priority over new construction.
2. Buildings or structures that are listed or eligible for inclusion on the National Register of
Historic Places and/or the Massachusetts Register of Historic Places shall be converted,
constructed, reconstructed, restored or altered to maintain or promote the status of the
building or structure on, or eligibility for inclusion on the State or National Register of
Historic Places.
L. Signs:
1. Signs shall conform to the existing ordinances of the Town of Agawam in s. 180-75 through
s. 180-89.
2. Permitted signs include: signs located within the sign band on building facades; awning
signs; hanging signs projecting from building facades; window signs and un-moveable free-
standing signs.
3. Temporary signs permitted include: political signs; special events signs; and for sale or for
lease signs.
4. Prohibited signs include: flashing signs; roof signs; moveable signs; internally lit plastic
signs.
5. Each business may display not more than two permanent signs.
6. Sign materials should be durable and easy to maintain. Signs may be constructed of wood,
metal, stone, gold leaf, glass, canvas, stained glass or encased in a wooden frame.
7. Sign illumination may include external white light illumination, provided it is shaded from
view off the premises, and neon,
8. Sign size: Signs may not exceed sixteen square feet in area.
9. Sign height: Free-standing pole signs shall have a maximum height of ten feet; other free-
standing signs shall have a maximum height of four feet.
M. Landscaping Requirements:
1. Screening of mechanical equipment, trash, and loading areas shall be provided through the
use of walls, fences, and/or dense, evergreen plant materials.
2. The landscaped perimeter area shall have a minimum width of at least five feet, and can
consist of tree planters, brick pavers, and benches.
3. Landscaping shall be provided for driveways and other vehicular use areas to provide
visual and climatic relief from broad expanses of pavement and to channelize and define
logical areas for pedestrian and vehicular traffic.
4. Interior parking areas shall be landscaped with sufficient shade trees to provide 50%
shade within fifteen (15)years of installation.
5. Completion of the landscaping requirements may be postponed due to seasonal weather
conditions for a period not to exceed six(6) months from the time of project completion,
N. Green Infrastructure and Stormwater Runoff
1- To the extent feasible, Mixed Use Development projects shall recharge all stormwater on
site. The use of green infrastructure strategies for stormwater recharge, such as
permeable pavements, tree box filters, green streets, rain gardens, stormwater infiltration
basins and green roofs, are strongly encouraged. Applicants' site plans shall indicate how
the proposed development addresses green infrastructure and stormwater recharge.
0. Maintenance of Landscaping and Screening:
1. All landscaping and screening shall be maintained by the property owner,
2. Landscaping and screening plant materials shall not encroach on the public walkways or
roadways in a way that impedes pedestrian or vehicular traffic or visibility.
3. Shrubs or trees that die shall be replaced within one growing season.
P. Appearance/Architectural Design
I. Architectural design shall be compatible with the historic character and scale of buildings in
the neighborhood and the Town of Agawam through the use of appropriate building
materials, screening, breaks in roof and wall lines and other architectural techniques.
2, In making its decision, the Planning Board may consider whether the building design is
compatible with the following design guidelines:
a. Exterior facades are faced with stone or brick, or clapboards of wood, aluminum or
vinyl;
b. Exterior facade treatment is compatible on all sides visible from a public way or parking
lot;
c. Facades facing town streets have windows facing the street.
3. Variations in architectural detail, form and siting shall be used to provide visual interest and
avoid monotony.
4. Existing buildings subject to reconstruction or rehabilitation and proposed buildings shall be
compatible with the historic character and scale of contiguous buildings within the
immediate neighborhood vicinity.
5. Proposed buildings should relate harmoniously to each other.
6. Buildings shall be designed so that retail, restaurant, and personal service establishments
are strongly encouraged to be located on the ground or below grade building leve�s.
7. The entire building fagade must be oriented to front and side street property lines and must
be located within ten feet of such property lines, with sidewalks in front of buildings.
8. Public open spaces, such as plazas and pocket parks, are encouraged within the
development;
0. Outdoor Dining
1. Outdoor dining shall be permitted by right, as an accessory use for any restaurant use,
and must comply with the following standards:
a.Alcohol may be served to and consumed by patrons in outdoor dining areas, provided
that all necessary licenses are acquired. These licenses are to be gathered through
the Liquor Commission, the Building Department and the Board of Health.
b3he hours of operation of outdoor dining areas may be equal to or less than the hours
of operation of the main restaurant. Dining areas which abut residential areas must
end outdoor dining and seating by I I pm.
c1itter must be cleaned up regularly.
181-146 Optional Affordable Housing Bonus
A. A density bonus may be provided by the Planning Board, in return for provision of affordable
housing, if the following criteria are met:
1. At least ten (10%) percent of the total dwelling unitsin a mixed use development may
be designated as affordable housing, Affordable housing will be defined as those
residential units affordable to a household earning up to eighty percent(80%) of the
median income in Agawam's statistical area.
2. The affordable housing units shall include resale, lease or rental controls that will
ensure continued affordability by future low and moderate income households. Deed
restdctions or similar devices shall be used to limit future sale or rental prices for these
purposes.
3. The affordable units may be located in an existing structure if their construction
constitutes a net increase in the number of dwelling units in the development.
B. The Planning Board shall determine the density bonus, which may consist of both of the
following:
1. An increase in building height to a maximum of 4 stories;
2. An increase in lot coverage to a maximum of 95%.
181-146 Mixed Use Business C District Location
A. This district includes the properties listed below.
-PRI. GFIEL 14 7
IDISTREE
6
J1513 J15
0 42
0 J1511 J15 41
11591
9 U1543
Co
.11�'l 2:
0 J1544 CIO
SHOPPING COUR
J1449
J14 3 7 J14 35 A 4 4A
J1442 J1448
114534 J1433 J143 4 1447
A 4 4,3
J14 4 6
J1445
Vw ,
DIV
Lon Business C District
Wetland Agawam Mixed Use Development Business C, District w E
0 125 250 500 4) nvnr