TOR-2014-4 MIXED USE DISTRICT f _
app
TOR-2014
AN ORDINANCE AMENDING THE ZONING CODE OF THE TOWN OF
AGAWAM CREATING THE MIXED USE BUSINESS C DISTRICT
Sponsored by the Planning Board
WHEREAS, the Planning Board voted unanimously to act as petitioner for a.
proposed zoning amendment to create a new zone entitled the "Mixed Use Business C
District';and:
WHEREAS,the Planning Board wishes to provide guidelines to encourage a mix
of uses compatible with existing uses and neighboring properties; and
WHEREAS,a Mixed Use Business C Distfict would provide business and hous-
ing uses in locations where a variety of town services are available,promoting the use of
existing'buildings and properties; and
WHEREAS,a`mi�x ofuses will create employment and housing opportunities that
encourageility while also encouragmg"inm=sed consumer visits, d
WHEREAS, businesses have expressed interest in becoming a part of the new
zoning district and many others as well as many residents support the mixed use zone
and
WHEREAS, the Mixed Use Business C District shall be bounded Tong Walnut
Street Extension and Apwam Shopping Center as set forth in §180-141(A)below;and
WHEREAS, it is in the best interest of the Town of Agawam, its residents and
businesses to date a Mixed Use Business C District.
NOW TIIEREFORE, the Agawam City Council hereby lv o
ends and enacts the following amendments to the Zoning Ordinance ofAgawam:
SECTION 1.The Zoning Ordinance is hereby amended by inserting after article XVM
the following article:-
Article XIX Mixed Use Bus'Businus C District
180-1 9 Scope
To regulate Mixed Use Development. appropriate areas of the Town and to
Protect the public health,safety, and gentral welfare in the'Town of Agawam
y establishing controls that will facilitate flexible development while protect.
ing the public in
aapprvytoL
TOR-20 44
AN ORDINANCE AMENDING THE ZONING CODE OF THE TOWN OF
AWAM CREATING THE MIXED USE BUSINESS C DISTRICT
Sponsored by the Planning Board
WHEREAS, the Planning Board voted unanimously to act as petitioner for
proposed zoning amendment to create a new zone entitled the "Mixed Use Business C.
Ili ce',and
WHEREAS,the Planning Board wishes to provide guidelines to encourage a mix
of uses compatible with existing uses and neighboringproperties;and
WHEREAS, a Mixed Use Business C District would provide business and hous-
ing ing uses in locations where a variety of town services are available, promoting the use of
existing buildings and properties; and
WHEREAS,a mix of uses will create employment and housing opportunities that
encourage walkability while also encouraging increased consumer visits;and
WHEREAS, businesses have expressed interest in becoming a part of the new
zoning district and many others as well as many residents support the mixed use zone;
d
WHEREAS,the Mixed Use Business C District shall be bounded along "walnut
Suva Extension and Agawam Shopping Center as set farth in$180-141(A)below;and
WHEREAS, it is in the best interest of the Town of Agawam, its residents and
businesses to create a Mixed Use Business C Distria
NOW THE WFORE, the w City Comm hereby lees, azul '
amends d enacts the following is to the Zomng Ordineace of Agawam:
SEC rVM
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§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. Afford-
able housing will be defined as those residential units affordable to
a household earning up to eighty percent(801/1 o) of the median in-
come in A,ga 's statistical area.
2. The affordable housing units shall incline 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, 'Me affordable units may be located in an existing structure if their
construction constitutes ar net increase in the number of dwelling
its in the development.
B. The Planning Board shall Bete rmine the density bonus, which:may consist
of both of the following:
1. An increase in building height toes maximum of stories;
2. An increase in lot coverage to a maximum of 95%.
Dated this day of 2014
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher Ctyson, ident
LAPROVE11D 7AS FORM11 AND LEGALITY
Vincent F.CfosYia,City Solicitor
Page 16 of 16
MAYORAL,ACTION
Received this day of , 2015 from Council Clark.
Signed by Council President this 2f day of �� ,201
OFLEGIgATION
By the powers vested in me pursuant to Article 3 Section 3 of the Agawam arter,as
amended, I hereby approve the passage of the above legislation on this day of
" 11 201
Richard A. Cohen,Mayor
DISAPPROV,tI<.L QE LEGISLATION
By the powers vested in me punvant 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
2€D15 for the IbIlo . g n(s
Richard A. Cohen, Mayer
AEUM OF LEGISLATION TO CO ,ILCLERK
Returned to Council Clerk this day of ,200ttO
TOE-2014-
AN ORDINANCE AMENDING Tillie ZONING CODE OF THE TOWN OF
AGAWAM CREATING THE MIXED USE BUSINESS C DISTRICT
Sponsored by the Planning Board
WHEREAS, the Planning ;Board voted unanimously to act as petitioner for a
proposed zoning amendment to create a new zone entitled the `Mixed. Use Business C
District";and
WHEREAS,the Planning Board wishes to provide guidelines to encourage a mix
of uses compatible with existing uses and neighboring properties; and
WHEREAS, a Mixed Use Business C District would provide business and hous-
ing uses in locations where a variety of town services are available, promoting the use of
existing buildings and`properties; and
WHEREAS, a mix of uses will create employment and housing opportunities that
encourage walkability while also encouraging increased consumer visits; and
WHEREAS, businesses have expressed interest in becoming a part of the new
zoning district and many others as well as many residents support the mixed use zone;
and
WHEREAS, the Mixed Use Business C District shall be bounded along Walnut
Street Extension and Agawam Shopping Center as set forth in §180-141(A) below; and
WHEREAS, it is in the best interest of the Town of Agawam, its residents and
businesses to create a Mixed Use Business C District.
NOW THEREFORE, the Agawam City Council hereby resolves, ordains,
amends and enacts the following amendments to the Zoning Ordinance of Agawam;
SECTION 1. The Zoning Ordinance is hereby amended by inserting after article XVIII
the following article:-
Article X X Mixed Use Business C'District
§180-139 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 protect-
ing 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 com-
patible 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 opportuni-
ties 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:
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 with neighborhood-serving re-
tail, service and other uses on the ground floor and residential units
above;
3. Encouraging development that exhibits the physical design character-
istics 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;
S. Facilitating integrated physical design;
9. Promoting a high level of design quality;
10. Encouraging the development of flexible space for small and emerg-
ing 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.
Page 2 of 16
§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 Arti-
cle.
Assessor's Map,Block and Lot
114-5-34
115-9-1
J15-1-1
J1 5-1-2
J15-1-3
J 15-4-1
J 15-4-2
J15-4-3
J15-4-4
J14-3-3
J14-3-4
J14-3-5
J14-3-7
J14-4-1
J 14-4-2
J 14-4-3
J 14-4-5
J 14-4-6
114-4-7
J14-4-8
J 14-4-9
J14-5-8
B. The provisions of this Section 180-144 shall be administered by the Plan-
ning 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.
§1.80-142 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.
Page 3 of 16
2. Business Services: Services used in the conducting of business and
commerce, including only:
a. Consumer and mercantile credit reporting;
b. News services;
c. Researcb,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 prc-prepared or rapidly prepared food directly to the custom-
er in a ready-to-consume state for consumption either within the restau-
rant building or off the prernises. 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., stu-
dio, 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 struc-
tures,as well as decks,balconies,porches, and similar architectural fea-
tures, 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, residentiA 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 chemi-
cal smell.
Page 4 of 16
10. Personal Services: Establishments primarily engaged in providing ser-
vices 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 barbcr 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;
c. 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 gen-
erally of at least one hour or longer, serving food intended for con-
sumption on the premises,
14. Trecbelt: 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 Develop-
ment
1. Mixed use developments may be constructed in the Mixed Use Devel-
opment 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 devel-
opmcnt:
Page 5 of 16-
a. Retail Uses;
b. Sit Down restaurants;;
c, Cafes and outdoor dining areas;
d. Multi-family Residential uses,
e. Horne 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# Town ouses'(single family dwellings connected by one or more
walls);
1. Cinema,theatre, or auditorium,
in. Park, recreation or playground;
n. Artist studio/resid+ence
o. .Assisted living residential uses senior apartments, and senior
housing;
p. Artisan manufacturing or production (hand tools only, e.g.,jewelry
or ceramics),
rl. 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 ac-
cordance 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 cloth-
ing articles on site;
c. Animal hospitals;
d. Drive-up service windows associated with banks, pharmacies or
cafes;
c. Fast food restaurants,
2,. Within a mixed use development, the above listed uses shall not be al-
lowed as free standing buildings.
C. Prohibited Uses in a Mixed Use Development
1. The following uses shall not be included within a Mixed Use Develop-
ment,
Page 6 of 16
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 re-
striction on combining different categories of use within the same
building except any imposed by the State Building Code of other
federal, state, or local regulations.
, No mixed use development shall have more than 75%of the total
square footage in the development used for residential uses, includ-
ing 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 roust meet the Special Permit requirements in Sec-
tion 180-11 and the Site Plan Approval requirements in Section 180-13,
. All fixed 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, a
stated.in Section 180-1 0.
F. Dimensional Requirements
The dimensional requirements applicable to the Mixed Use Overlay Dis-
trict are shown in the Table of Dimensional and Density Regulations be-
low:
Table of Dimensional and Density Regulations for the Mixed Use
Business C District
Mini- Mini- Mini- Mini-- Mini- maxi- MaximumMaximum Setback
mum Lot mum mums mum mum mum Let Coverage
Area Frontage Front .Side Rear Height
Yard Yard Yard?
0 f.. 25 feet 10feet O feet 20feet 45feet! I5feet
13 stories
Page 7 of 16
§180-144 Performance Standards for Mixed Use Developments
To the extent feasible, all Mixed Use Developments must meet the Perfor-
mance 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 vio-
lating 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 conduct- '
ed 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 is-
sues.
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 bi-
cycle 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 follow-
ing uses:
a. high volume traffic generating uses with a trip generation rate
over 700 vehicles/day(based on Institute of Transportation Engi-
neers rates found in Trip Generation);
b, the construction of a new Mixed Use Development struc-
turc 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.
& 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:
Page 8 of 16
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 ve-
hicular 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 traf-
fic levels, road capacities and impacts on intersection. Existing
daily and peak hour traffic levels and road capacities shall also be
given;
c, 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'
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 out-
door maintenance shall be limited to between the hours of 8:00 am 7:00
pm.
Page 9 of 16
C. Emissions and Odors:
I. Emissions and odors shall be completely and effectively confined with-
in the building, or so regulated as to prevent any nuisance, hazard,or
other disturbance from being perceptible(without the use of instru-
ments) 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 oft e 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 livingisleeping 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, intermit-
tent,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, se-
curity 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-rcflected glare, whether from floodlights or from high tem-
perature 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
Page 10 of 16
parking areas,and lighting of walks and drives shall be done in such
a manner to direct light away from adjacent hits 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 light-
ing, shall be turned off after business hours, Ic ving. my the light-
ing 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,fterag� ��F�avt* dl"coat
S ;p Witwe "'M.rn .1 pine
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 Under-
writers,and shall be screened from view from public ways and abutting
properties,.
F. Waste Disposal:
1Waste 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.
. Appropriate provisions shall be made for the disposal of trash, which
may include,but shall not be limited to, the provision of trash m
pactors within the building or on site, as well as a signed annual con-
tract for rubbish removal.
. Dumping of dumpsters shall be limited to weekdays between the hours
of 7AM and 1 l PM only. Dumpsters roust be fenced, gated and
screened from view.
Page I I of 16
G. L, add g[Unloadi g::
1. The Planning Board may require that operations, including loading and
unloading shall be limited to weekdays between the hours of a,AM and
I I PM only.
2. Loading and unloading platforms and doorways specially designed for
loadi glunloading;are prohibited on the front side of any building.
H. Walkways:
L For public convenience, a pedestrian and/or bicycle way or sidewalk
system shall connect all uses on the site, and otherwise provide appro-
priate circulation or continuity to an existing pedestrian or bicycle cir-
culation system. These cases include,but are not limited to residential,
parking,transit,bicycling,recreation, and commercial uses.
2 Walkways and sidewalks roust conform to requirements of the Ameri-
cans with Disabilities Act( A) and the Massachusetts Architectural.
Access Board (MAAB ,
. Sidewalks are rewired along all town.streets. A treebelt is required ad-
jacent to sidewalk areas. The Planning Board can waive treebelt re-
quircments in situations where they determine that local'conditions
warrant.
4. The development should provide internal and/or public pedestrian con-
nections that are direct, convenient and pleasant with appropriate en-
ities e.g. attractive sidewalks and benches).
1. Vehicular Access, Parking and Loading, and Shared Parking Re-
quirements
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+level
opm cot.
Page 12 of'1+
5_ A parking study shall be required for;all new structures within the Dis-
trict, 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. 1f 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 Sward review. alleys must be safe, secure and well lit, Alleys'
;.oust be paved,with a minimum width of ten (10)feet.
K. Development and Design Standards:
i. 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, re-
stored or altered to maintain or promote the statusof the building or
structure on, or eligibility for inclusion can..the State or National Regis-
ter of Historic Places
L. Signs.-
I. Signs shall conform, to the existing ordinances of the Town of Agawam
in s. 180-75 through s. 1 Q-89.
2. Permitted signs include: signs located within the sign band on lbuil,ding,
facades; awning signs, hanging signs projecting from building facades;
window signs and un-moveablefree-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; in-
ternally lit plastic signs.
5 Each business may display not more than two permanent signs.
6. Sign materials should be durable and Deasy to maintain. Signs~maybe
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,provid-
ed 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.
Page 13 of 16
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 ehannelize 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 (1 ) years of installation.
. 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`
I.. 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 boas 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
storm water recharge:
U. Maintenance of Landscaping and Screening:
l;- 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 ve-
hicular 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
Page 14of16
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 pro-
vide visual interest and avoid monotony.
4. Existing buildings subject to reconstruction or rehabilitation and pro-
posed buildings shall be compatible with the historic character and
scale of contiguous buildings within the immediate neighborhood vicin-
ity.
S. Proposed buildings should relate harmoniously to each other,
6. Buildings shall be designed so that retail, restaurant, and personal ser-
vice establishments are strongly encouraged to be located on the ground
or below grade building levels.
7. The entire building fa+ ade must be oriented to front and side street
property lines and must be located within fifteen (15) feet of such prop-
erty 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 din-
ing 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 arm 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 Ipm,
c. Litter must be cleaned up regularly.
Page 15 of 16
§180145 Optional Affordable Housing, Bonus
A. A density bonus may be provided by the Planning board, in return for
prevision of affordable housing, if the following criteria are met:
1. At least ten (10%) percent of the total d el I ing units in a mixed
use development may be designated as affordable housing. Afford-
able housing will be defined as those residential units affordable to
a household earning up to eighty percent (80%)of the median in-
come in Agawam's statistical area,
. 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.
. 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.
H. The Planning Board shall determine the density bonus, which may consist'
of both of the following:
1. Are increase in building height to maximum of 4 stories;
An increase in lot coverage to a maximum of 5%.
Dated this day of 2014.
PER ORDER OF THE A+GA.WAM CITY COUNCIL
Christopher C. Johnson, President
APPROVED AS TO FORM AND LEGALITY
a tt� Li Clt_�
Vincent F. "rioscia, City Solicitor "
Page 16 of 16
4
Town .of
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413.-786-9927'
May 19, 2014
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. Letell er, Councilor
Joseph Mineo,Councilor
Donald M. Rheault, Councilor
Robert Rossi, Councilor
Anthony Suffriti, Councilor
Agawam Town Council
36 Main Street
Agawam, MA 01001
Dear Councilors:
At its duly called meeting held on May 1, 2014, the Agawam Planning Board voted to send a
positive recommendation to the City Council in favor of'TOR-2014-4 Mixed Use Business C
District:
In supporting the Mixed Use District,the Planning Board believes this is a critical first step towards
the revitalization of the Walnut Street Extension shopping area. By adopting the amendment:
1. The Town will send a positive message to those interested in the Games and Lanes property
that the Town is supportive of its redevelopment. While maximizing the developable area,
the Mixed Use District will eliminate the possibility that an industrial use would be located
on the site. In addition,it sets clear and concise standards for its redevelopment. Continued
private ownership of the property would be in the best interest of the Town of Agawam and
Agawam taxpayers;since the cost of clean-up would be incurred by a private party, not the
taxpayers of the Town.
2., The Town will send a positive message to the many businesses that are located within the
proposed Business C District, acknowledging their contribution to the Town in the form of
valuable services, tax revenues ($358 429 in 2013) and jobs. The Mixed Use District.
provides greater flexibility to these business owners/property owners to make improvements
to their properties while protecting them from irresponsible development by others.
3. The Town will be eligible for District Local Technical Assistance offered by the Pioneer
Valley Planning Commission for studying the parking,pedestrian and traffic demands of the
Walnut Street Extension Shopping Area. Preparation of plans and designs to address the
critical lack of necessary parking, will enable the Town to apply for up to $1 million in
MassWorks ;grant funds to construct the necessary improvements to make this area
economically viable,increase tax revenues,increase employment opportunities and make it
a destination for Agawam residents.
4. The Town will show a commitment to zoning reform by replacing regulations drafted over
sixty years ago with comprehensive,well conceived, clearly worded regulations that,when
implemented, will result in quality development.
The Planning Board supports the Mixed Use Business C District because it is an important step in
addressing the issues of blight, contamination, poor parking and traffic flow that have plagued the
Walnut Street Extension area for many years. Adoption will benefit the entire community,while
inaction may result in additional empty storefronts, loss of tax revenues,job loss and more costly
corrective actions in the future.
If you have any questions, please contact the Planning Office at 786-0400, extension 8738
Sincerely,
Mark R. Paleologopoulos, Chairman
AGAWAM PLANNING BOARD
cc: Clerk, Solicitor,File
d
town v--%f Agawam
36Main Street Agawam, Massachus tts 01001- 8 7
Tel. 413-786-0400 Fax 413-.786-9927
May 19, 014
Christopher C.Johnsen, 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
Joseph Mineo, Councilor
Donald M: Rheault, Councilor
Robert Rossi, Councilor
Anthony Sulfriti,Councilor
Agawam Town Council
36
Main Street: — "
Agawam,MA 01001
Dear Councilors:
At its duly called meeting,held on May 1, 2014, the Agawam Planning Board voted to send a-
positive recommendation to the City Council in favor of TOR-2014-4 Mined Use Bus Hess C`
District.-
In supporting the Mixed Use District,the Planning Board believes this is a critical first step towards;
the revitalization of the Walnut Street Extension shopping area. By adopting the amendment:
1. The Town will send a positivemessage to those interested in the Games and Lanes property
that the Town is supportive of its redevelopment. While maximizing the developable area,
the Mixed Use District will eliminate the possibility that an industrial use would be located
on the site. In addition,it sets clear and concise standards for its redevelopment. Continued
private ownership of the property would be in the best interest of the Town of Agawam and
Agawam taxpayers since the cost of clean-up would be incurred by a private party,not the
taxpaYers of the Town.
2. The Town will send a positive message to the many businesses that are located within the
proposed Business C District,acknowledging their contribution to the Town in the forth of
valuable services, tax revenues($3$8,429 in 2013) and jobs. The Mixed Use District-
provides greater flexibility to these business owners/property owners to make improvements
to their properties while protecting them from irresponsible development by others.
3. The Town will be eligible for District Local Technical Assistance offered by the Pioneer
Valley Planning Commission for studying the parking,pedestrian and traffic demands of the
Walnut Street Extension Shopping Area. Preparation of plans and designs to address the
critical lack of necessary parking, will enable the Town to apply for up to $1 million in
MassWorks grant funds to construct the necessary improvements to make this area
economically`viable,increase tax revenues,increase employment opportunities and make it
a destination for Agawam residents.
4 The Town will show a commitment to zoning reform by replacing regulations drafted over
sixty years ago with comprehensive, well conceived, clearly worded regulations that,when
implemented, will result in quality development.
The Planning Board supports the Mixed Use Business C District because it is an important step in,
addressing the issues of blight, contamination,poor parking and traffic flow that have plagued the
Walnut Street Extension area for many years. ,Adoption will benefit the entire community, while
inaction may result in additional empty storefronts, loss of tax revenues,job lass and more costly
corrective actions in the future.
If you have any questions,please contact the Planning Office at 786-04+00, extension 8738
Sincerely,
Mark R. Paleologopoulos,Chairman
AGAWAM PLANNING BOARD
cc. Clerk, Solicitor, File
M'
N ' i ,own vf Agawam
! °
Main Street AgawamlVlCassachuctt 01-1837
Tel. 413-7 6-0400 Fax 13.,7 6-9
May 1 9,20 14
Christopher C.Johnson, President
Tennis J. Perry, Vice President
George Bitzas, Councilor
Cecilia P. Calabrese, Councilor
Paul C. Cavalio, Councilor
James P. Cichetti, Councilor
Gina M. Letellier, Councilor
Joseph Mineo, Councilor
Donald M°. Rheault, Councilor
Robert Rossi, Councilor
Anthony Sufftiti, Councilor
Agawam Town Council
36 Main Street
Agawam, 01001
Dear+Councilors.
At its duly called meeting held on May 1, 2414, the Agawam Planning Board voted to send a
positive recommendation to the City Council in favor of'TOR- 014-4 Mixed Use Business C
District.
In supporting the Mixed Use District,the Planning Board believes this is a critical first step towards
the revitalization of the Walnut Street Extension shopping area. By adopting the amendment:
1. The Town will send a positive message to those interested in the Games and Lapes property
that the Toni is supportive of its redevelopment. While maximizing the developable area,
the Mixed Use District will eliminate the possibility that an industrial use would be located
on the site. In addition,it sets clear and concise standards for its redevelopment. Continued
private ownership of the property would be in the best interest of the To of Agawam and
Agawam taxpayers since the cost of clean-up would be incurred by a private party, not the
taxpayers of the Town.
2. The Town will send a positive message to the many businesses that are located within the
proposed Business C District, acknowledging their contribution to the Town in the form of
valuable services, tax revenues ($358,429 in 2013) and jobs. The Mixed Use District
provides greater flexibility to these business owners/property owners to make improvements
to their properties while protecting them from irresponsible development by others.
3. The Town will be eligible for District Local Technical Assistance offered by the Pioneer
Valley Planning Commission for studying the parking,pedestrian and traffic demands of the
Walnut Street Extension Shopping Area, Preparation of plans and designs to address the
critical lack of necessary parking, will enable the Town to apply for up to $1 million in
MassWorks grant funds to construct the necessary improvements to make this area
economically viable,increase tax revenues,increase employment opportunities and make it
a destination for Agawam residents,
4. The Town will show a commitment to zoning reform by replacing regulations drafted over
sixty years ago with comprehensive, well conceived,clearly worded regulations that,when
implemented, will result in quality development.
The Planning Board supports the Mixed Use Business C District because it is an important step in
addressing the issues of blight, contamination,poor parking and traffic flow that have plagued the
Walnut Street Extension area for many years. Adoption-will benefit the entire community, while
inaction may result in additional empty storefronts, loss of tax revenues,job loss and more costly
corrective actions in the future.
If you have any questions,please contact the Planning Office at 786-0400, extension 8738.
Sincerely,
Mark R. Paleologopoulos, Chairman
AGAWAM PLANNING BOARD
cc: Clerk, Solicitor, File
private ownership of the property would be in the best interest of the To of Agawam and
Agawam taxpayers since the cost of clean-up would be incurred by a private party,not the
taxpayers of the Town.
1 The Town will send a positive message to the many businesses that are located within the
proposed Business C District, acknowledging their contribution to the Town in the form of
valuable services, tax revenues ($358,429 in 2013) and jobs. The Mixed Use District
provides greater flexibility to these business owners/property owners to make improvements
to their properties while protecting them from irresponsible development by others.
1 The Town will be eligible. for District Local.Techrlical Assistance offered by the Pioneer
Valley Planning Commission for studying the parking,pedestrian and traffic demands ofthe f
Walnut Street Extension Shopping Area. Preparation of plans and designs to address the
critical lack of necessary parking, will enable the Town to apply for up to $1 million in
Mass 'arks grant funds to construct the necessary improvements to make this area
economically viable,increase tax revenues,increase employment opportunities and make it
a destination for Agawam residents,
4. The Town will show a commitment to zoning reform by replacing regulations drafted over
sixty years ago with comprehensive,well conceived, clearly worded regulations that,when
implemented, will result in quality development.
The Planning Board supports the Mixed Use Business C District because it is an important step in
addressing the issues of blight,contamination, poor parking and traffic flow that have plagued the
Walnut Street Extension area for many years. Adoption will benefit the entire community, while
inaction may result in additional empty storefronts', loss of tax revenues,job loss and more costly
corrective actions in the future.
If you have any questions,please contact the Planning Office at 786-0400, extension 8739
Sincerely, A#
Mark R. Paleologopoulos, Chairman
AGAWAM PLANNING BOARD
cc: Clerk, Solicitor,File
d---hf Agawam
Town'
36 Main ,Street Agawam, Massachusetts 01001-18 7`
"Tel. 413-786-4440°t ax 413 '786-9927
May 9,12014
Christopher C. Johnson, President ,
Dennis J. Perry,Vice President
George Bitzas, Councilor
Cecilia P. Calabrese,Councilor
Paul C.>Cavallo,Councilor
Jaynes P. Cichetti,Councilor
Gina M. Letellier, Councilor '"
Joseph Mineo, Councilor
Donald M. Rheault,Councilor
Robert Rossi, Councilor
Anthony Suffriti, Councilor
, gaw Town Council
36 Main Street
Agawam, MA 01€ 01
Dear Councilors:
t its,duly called meeting held on May 1, 2014, the Agawam Planning Board voted to send a
positive recommendation to the City Council in favor of TOR 2a 13-8 Mixed Use Business C'
District.
In supporting the Mixed Use District,the Planning Board believes this is a critical first step towards
the revitalization of the Walnut Street Extension shopping.area. By adopting the amendment:
1. The Town will send a positive message to those interested in the Gaines and Lanes property
that the Town is supportive of its redevelopment. While maximizing the developable area,
the Mixed Use District will eliminate the possibility that an industrial use would be located
on the site. In addition,it sets chat and concise standards for its redevelopment. Continued
.. w
private ownership of the property would be in the best interest of the Town of Agawam and
Agawam taxpayers since the cost of clean-up would be incurred;by a private party,not the=
taxpayers of the Town.
2. The Town will send a positive message to the many businesses that are located within the
proposed Business C District, acknowledging their contribution to the Town in the form of
valuable services, tax revenues ($358429 in 2013) and jobs. The Mixed Use District
provides greater flexibility to these business owners/property owners to make improvements
to their properties while protecting them from irresponsible development by others.
3. The 'Town will be eligible for District Local°Technical Assistance offered by the Pioneer
Valley Planning Commission for studying the parking,pedestrian and traffic demands of the
Walnut Street Extension Shopping Area. Preparation of plans and designs to address the
critical lack of necessary parking, will enable the Town to apply for up to $1 million in
MassWorks grant funds to construct the necessary improvements to make this area
economically viable,increase tax revenues,increase employment opportunities and make it
a destination for Agawam residents.
4. The Town will show a commitment to zoning reform by replacing regulations drafted over
sixty years ago with comprehensive,well conceived,clearly worded regulations that,when
implemented, will result in quality development.
The Planning Board supports the Mixed Use Business C District because it is an important step in
addressing the issues of blight, contamination,poor parking and traffic flow that have plagued the
Walnut Street]Extension area for many years. Adoption will benefit the entire community, while
inaction may result in additional empty storefronts, loss of tax revenues,job loss and more costly
corrective actions in the future.
If you have any questions, please contact the Planning Office at 786-0400, extension'8738
Sincerely,
Mark R. Paleologopoulos,Chairman
AGAWAM PLANNING BOARD
cc: Clerk, Solicitor,File'
t
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COMPARISON OF USES REGULATED BY ZBA
EXISTING ZONING VS BUSINESS C
USES DISTRICT
SPECIAL PERMIT(SP)
YIN`
Business A Business B Industrial A Business-C
Drive-in/Drive SP/ZBA SP/ZBA SP/ZBA SPIZBA
Through Restaurant
Drive-through Service SP/ZBA SPIZBA SPIZBA SP/ZBA
Windows
Trucking Terminals NA SP/ZBA SP/ZBA NA
Retail Shopping NA SP/TC* SP/TC NA
Centers (as defined in
180-481)
Hotels/Motels By Right By Right By Right SP/ZBA
DEy Cleaners By Right B; Right By Right SP/ZBA
Animal Hos itals SPIZBA SP/ZBA SP/ZBA SPIZBA
Sit Down Restaurants By Right By Right By Right By Ri t
ATM SPIZBA SP/ZBA SPIZBA SP/ZBA
Industrial Uses NA NA By Right unless NA
hazardous or
offensive, then ZBA
Motor Vehicle Sales NA NA NA NA
Gasoline Filling, By Right By Right By Right NA
Stations
Adult Entertainment SP/ZBA SP/ZBA SPIZBA NA:
Junkyard NA NA SP/ZBA NA
* There are no parcels in the proposed Business District that can meet the dimension requires for Retail Shopping Centers.
Town f Agawam
6 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
May 19, 2014
Christopher C. Johnsen, 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
Joseph Minio, Councilor
Donald M'. Rheault, Councilor
Robert Rossi,Councilor
Anthony Suffriti, Councilor
Agawam Town Council '
6 Main Street
Agawam, MA 01001
Dear Councilors:
At its .duly called meeting held on May 1, 2014, the Agawam Planning Board voted to send a
positive recommendation to the City Council in favor of TOR-2014-4 Mixed Use Business C
District.
In supporting the Mixed Use District,the Planning Board believes this is a critical first step towards
the revitalization of the Walnut Street Extension shopping area. By adoptixig the amendment:
1. The Town will send a positive message to those interested in the Carries and Lanes property
that the Town is supportive of its redevelopment.' While maximizing the developable area,
the Mixed Use District will eliminate the possibility that an industrial use would be located
on the site. In addition,it sets clear and concise standards for its redevelopment. Continued
private ownership of the property would be in the best interest of the Town of Agawam and
Agawam taxpayers since the cost of clean-up would be incurred by a private party, not the
taxpayers of the Town.
2. The Town will send a positive message to the many businesses that are located within the
proposed Business C District, acknowledging their contribution to the Town in the form of
valuable services, tax revenues ($358,429 in 2013) and jobs. The Mixed Use District
provides greater flexibility to these business ownerstproperty owners to make improvements
to their properties while protecting them from irresponsible development by others.
1 The Town will be eligible for District Local Technical Assistance offered by the Pioneer
Valley Planning Conunission for studying the parking,pedestrian and traffic demands of the
Walnut Street Extension Shopping Area. Preparation of plans and designs to address the
critical lack of necessary parking, will enable the Town to apply for up to $1 million in
Mass' orks grant funds to construct the necessary improvements to make this area
economically viable,increase tax revenues,increase employment opportunities and make it
a destination for Agawam residents.
4. The Town will show a commitment to zoning reform by replacing regulations drafted over
sixty years ago with comprehensive,well conceived,clearly worded regulations that,when
implemented, will result in quality development.
The Planning Board supports the Mixed Use Business C District because it is an important step in
addressing the issues of blight, contamination,poor parking and traffic flow that have plagued the
Walnut Street Extension area for many years, Adoption will benefit the entire community, while
inaction may result in additional empty storefronts, loss of; revenues,job loss and more costly
corrective actions in the future.
If you have any questions,please contact the Planning Of at 786-0400, extension 8738.
Sincerely,
X� '0
Mark R. Paleologopoulos, Chairman
AGAWAM PLANNING BOARD
cc: Clerk, Solicitor, File
TO wn of Agawam
Interoffice Memorandum
To Christopher C. Johnson, President Agawam City Council
CC: Law Department, Planning Department
From: Mayor Richard A. Cohen
Date: April 30, 2014
Subject: Games and Lanes Redevelopment
Thank you for meeting with the City Solicitor Vince Gioscia; Law Clerk, Will Reichelt
Planning Director, Deb Dachos and me on April 16, 2014 to discuss the next steps for
the Games and Lanes property.
Property History
In 1989 while investigating a spill of gasoline at the site, it was determined that the
groundwater was contaminated with;chlorinated volatile organic compounds (CVQCs),
found in dry cleaning solvents. Between September 1989 and October 1995, 18
groundwater wells were installed on the property. In 1997, 66 torus of soil contaminated
with CV?C was removed from the site, a pump-and-treat system was installed, and ef-
forts to bioremediate the groundwater were initiated. The pump-and-treat system was
in operation for three to four years. In 2001, the system was terminated based upon
the conclusion that it had operated to its fullest capacity and that no substantial de-
crease in contamination would result from continued operation. From 2002 through
2004, other methods to remediate the site were employed. Testing of the 'monitoring
wells continued until 2008 when the property owner obtained Financial Inability Status
from MassDEP which protected him from further remediationfmonitori'ng responsibility.
The property owner has reported that he has spent approximately $1 million attempting
the clean the Site.
Given that there are CVOCs in the groundwater, the contamination has migrated off site
generally in a;northeasterly direction. CVOC and its related bi-products have been de-
tected at properties located on Walnut Street Extension and Suffield Street,
Town Initiated Activities
Since 2000, the Town has actively worked with the property owner to identify potential
buyer who could both remediate the contamination and redevelop the site. In
2007, the Town applied for and received "Exceptional Opportunity Area" status, from the
Commonwealth for the Games and Lanes site and the former Food Mart site. Such a
designation enables the Town to negotiate Tax Increment Financing (TIF} agreements
with prospective tenants/owners. TIF's enhance the desirability of a property. Early on
a party with extensive experience with Brownfields was in negotiations with the owner.
However, the economic conditions at that time deterred the prospective buyer from pro-
ceeding with the purchase. Since then, a few developers have shown interest in the
site, but have been dissuaded due to the uncertainty over the extent of the contamina-
tion and the expense of remediation. MassDEP had also wished to know the full extent
and direction of the plume of contaminated groundwater.
In an attempt to define the extent of the contamination and establish realistic remedia-
tion costs, the Town retained the services of a Licensed Site Profession (LSP), O'Reilly,
Talbot and Okun (OTO), with a $50,000 grant from MassDevelopment. As you are
aware, OTO's Phase 11 Comprehensive Site Assessment and Phase III Remedial Ac-
tion Plan was completed at the end of March 2014. In summary, the report finds that
the actions which must be taken including additional air and groundwater testing and
remediation at off site properties will cost approximately $400,000. This figure does not
include demolition of the Games and Lanes building.
Currently, there are four parties interested in purchasing the property, All four have
been provided with the OTO report, All four have also been in conversations with the
property owner.
Next Steps:
As we discussed, the Town would like to pursue the following course of action with the
final goal being the redevelopment of the Games and Lanes property.
1. The Town will give the private, interested parties 6 to 8 months to perform their
due diligence. A private party taking on the expense and liability associated with
the Games and Lanes site would be the most desirable outcome and in the best
interest of the Town of Agawam,
2. The Planning Board continues to support the adoption of the Mixed Use C Dis-
trict. If the zoning amendment is adopted, the possibility of using the site for in-
dustrial purposes would be prevented. Adoption will also ensure that the future
development of the site would be in keeping with the overall development plan
for the Walnut Street Extension area.
3. During the 6 to 8 month period, the Town will begin the necessary steps to cre-
ate a Redevelopment Authority. This will involve developing a Redevelopment
Plan, receiving approval of said plan from the Department of Housing and Com-
munity Development and then seeking state funding to provide for the clean-up
of the property. This would be far less preferable in terms of cost to the Town
than encouraging private development, but would provide a viable solution if a
private sale does not take place.
4. The Town may also file a petition to obtain a court order to enter and secure the
site.
I look forward to working with the Council to achieve an acceptable solution to the diffi-
cult issues posed by the Games and Lanes site. The above plan will ultimately result in
the remediation/redevelopment of the site.
If you have any questions, please do not hesitate to contact me.
West of the
Diver Chamber
Agawam West Springfield`
cd
CD
May 6, 2014
r-
00
4 rj;
Re: Mixed Use Zoning District u�
"D
.}o
To Christopher C. Johnson
President, Agawam City Council
The West of the River Chamber of Commerce would like to express our support of the proposed
Zoning Amendment to create the Mixed Use Business C District. The Chamber believes that
the addition of the proposed Mix Use Business C District will encourage the redevelopment and
revitalization of areas suitable for this zoning such as Walnut Street Extension Business District.
The West of the River Chamber applauds the Agawam Planning Board and Town Planner in
their efforts to enhance the Agawam business community with this zoning amendment, and we
ask' the City Council to favorably consider the proposal.
Respectfully,
�--e�/
Kenneth P. Vineunas
Chairman:
West of the River Chamber of Commerce
PO Box 48
West Springfield,MA 01090-0048'
Telephone—413-426-3880 Fax(B88)649-7077
Support Mixed Use business C Zone Change:
Dear Agawam City Councilors.
We, the undersigned,strongly ask you to vote in FAVOR of the Mixed ed Use Zoning Ordinance in
an effort to improve the Walnut Street business area, We sign this petition in hope you, will
support this endeavor set that the Town of Agawam would be eligible for District Local
Technical Assistance to help business owners in the vicinity and provide much needed incentives;
for redevelopment-
Thank you.
Name Si Mare Address
n �.
, !°
a �
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77
A.
`I,.-Sill-
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at 6(1
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West of the
River Chamber
Agowam - West Springfield
May 6, 2014
Re-, Mixed Use Zoning District
To: Christopher C. Johnson
President, Agawam City Council
The West of the River Chamber of Commerce would like to express our support of the proposed
Zoning Amendment to create the Mixed Use Business C District. The Chamber believes that
the addition of the proposed Mix Use Business C District will encourage the redevelopment and
revitalization of areas suitable for this zoning such as Walnut Street Extension Business District.
The West of the River Chamber applauds the Agawam Planning Board and Town Planner in
their efforts to enhance the Agawam business community with this zoning amendment, and we
ask the City Council to favorably consider the proposal,
Respectfully,
Kenneth P, Vineunas
Chairman
West of the River Chamber of Commerce
PO ROX 48
West SprI*icId,MA G1090oO048
Tticphonr-413-426-MO Rcx(888)649.7077
SANDER FAmmy LLC
COMMERCIAL REAL EIrATE 1NVFff1'MENTS
34213EAcoN&tRFFT
CAEsT,Nu'i'HiLL,MA 02467
February 25,2014
Mayor Richard A. Cohen
36 Main Street
Agawam,MA 01001
Dear Mayor Cohen-
As the property owner of 51-79 Springfield Street, Agawam Towne Square, I wish to express my
support for the proposed Mixed Use District, Business C. I understand that the Agawam City Council
did not have the necessary votes to adopt the Zoning Amendment the first time it came before them. I
also understand that the Planning Board has voted to repetition the City Council,
The proposed Business C District would be a positive asset for the Town in its efforts to redevelop the
Walnut Street Extension Shopping 'Arm As most, if not all, of the buildings are currently non-
conforming,, the new zoning would provide the property owners with the opportunity to invest in their
buildings to increase their marketability.
The Business C District is a great opportunity to enhance the shopping center and bring jobs and
additional tax revenues to Agawam.
Sincerely,,,
Marcel Sander
FA
AGAWAM CITY COUNCIL
36 MAIN STREET
AGAWA.M, MASSACHUSETTS 01001
®�paRRT 1:4 MPS
LEGAL NOTICE LEGAL NOTICE
PUBLIC HEARING
AGAWAM CITY COUNCIL
PRESIDENT
Christopher C. Johnson
VICE PRESIDENT The Agawam City Council will conduct a public hearing on Monday,,
Dennis J. Perry May 19, 2014, at 7:00pm, at the Roberta G. Doering School, 68 Main
COUNCILORS Street, Agawam, MA on TOR.:-2014-4 which is a proposed Ordinance
George Bitzas amending the Zoning Code of the Town of Agawam creating the
Cecilia P. Calabrese Mixed Use Business C District as submitted to the Agawam City
Paul C. Cavallo Council by the Planning Board. TOR-2014-4 is available for public
Janes P. Cichoui inspection at the City Clerk's Office and the Planning Department, 36'
Gina M. Letellier
Joseph Mineo Main Street, Agawam, MA between the hours of 8:30am to-4:30pm,
DonaldM. Rheoull` Monday through Friday.
Robert E. Rossi
Anthony R. Suffrii
ADMINISTRATIVE BY ORDER OF:
ASSISTANT
Barbara A. Bard Christopher C. Johnson
President of the Agawam City Council
TO BE ADVERTISED ON 4/24/14 and 5/1/14
ray
V
TELEPHONE
(413) 726-9716 ko
FAX
(413) 726-9717
EMAIL
bbard@agawam,ma.us
Hof
AGAWAM CITY COUNCIL
ff MAIN tt17
April 1,4. 2014
A arvvam PlanninyO Board
'born 11a111
86 Main Strect
VICE PRESIDENT Kc: TOR-2014-4
11;rr ns,I Perr':,
Dear "McMillin• of lrc Auawatnt Pimmim, Board.
COUNCILORS t,
(;cor " f11r° "'y At its rcimlarrl4r scheduled C it\, Crrtrrrcil, tt cctin+g rrl'April 7, 2014, Ilrc rot-zw,,r€rr C 6
°�a�r1:(" C`rzv!rrltar Council r•eferrecl lilt: f0llirwritr�.� ilcm to Ole Agarr ain Planning 13ararrcl Itrr tlrcrtt 10, llrlicl
lCrrrr s d C`rclarttrr it lrarlrlic hearing and make a reccrlttl1acra(l:iticarr. The city Council is sctiin{ti a clime of
t;rer<�tt"1 L rrflr Fr May 19, 2014 on which it)hold their public Ircarrin�g,aril the satrrie.
Jcjs��lrlr.t°Jrrrt{
1)u�r.rltllll hltr�crrrlt * 1111-2014-2 ('1'111t-21114-4) — An Ordinance tar Amend [lie Zoning t'odc
R,iherr E Raysa arftlrc:`l own cif Agawam creatim,, the ;NIiwd 11,e 13trsinc,;s C" 1. islrict
.1 rr�lrr���v!"�. .`irr/fi•r�t
If v=crrr havc any questions. lalearsc(10 not 1tv;ilarlc to contact tric.
-1 Bard
,.chi "�;:[-�.,��• a t;�.�
C`Itr"isloplicr C'Johnson, Presiticr)l
Ag-awam City Comicil
cc. I"till COnrrcil
NI at vor
Solicitor
k.P1ION
r-Wl 72f,471 o
FAX
1�1ft1C�
hhtrr�I:r�trQir.r r rri:tit a Ifs
barbara bard
From: Chris Johnson <chrisJlaw@comcast.net>
Sent Wednesday, March 12, 2014 2:34 PM
To: barbara bard
Cc: Dennis J. Perry
Subject: RE*mixed use
Barbara,
Please be advised as follows:
M.G.L.c4OA§ 5 provides: "No proposed zoning ordinance or by-law which has been unfavorably acted upon by a city
council or town meeting shall be considered by the city council or town meeting within two years after the date of such
unfavorable action unless the adoption of such proposed ordinance or by-law is recommended in the final report of the
planning board."
The Supreme Judicial Court in Kitty v. City of Springfield 343 Mass. 321,325, 178 N.E.2d 580, 582 (1961) said: "By the
common council's twelve to five vote on May 1,1, 1959,the ordinance then failed of passage.Concerning the further
proceedings on May 11, the record says only that 'a motion for immediate reconsideration was made and lost.'There is
no suggestion that any notice was given on May 11 of intention to seek reconsideration at the next meeting.Upon a
strict application of the written rules,when the May 11 meeting dissolved,the proposed ordinance was no longer
pending before the common council because it had been defeated, Under usual parliamentary procedure, it would have
been too late to move for reconsideration after the May 11 meeting had adjourned."
I am not sure that the ordinance in its same form can come back on our agenda since it was unfavorably acted upon by
the Council and since it is too late for the Council to reconsider its vote. Clarification from the Law Department is
necessary. Until that clarification is received and reviewed by me, the item will not go back on our agenda.
Chris
From: barbara bard (mafltg:BBard@agawam.ma.g
Sent: Wednesday, March 12, 2014 2:14 PM
To: Christopher C. Johnson
Subject: mixed use
Hi Chris—
Quick question regarding the Mixed Use Ordinance. The Planning Board voted to repetition the
Council to adopt TOR-2013-8 Mixed Use Business C District. Debbie is out and Pam wasn't-sure if
she had spoken to you already, Everything is included in the letter with whatever changes were
made however it seems they are saying it's up to us to put it back on but they are still calling it TOR-
2013-8. Doesn't it need a new Agenda item number? Will said you have to decide whether or not
you will allow it back on the Agenda and I'm not sure if you were aware of any of this.
Please let me know what you'd like me to do. Thanks!
Make it a great day!
Mao"
LEGAL NOTICE
TOWN OF AGAWAM
PLANNING BOARD
The Agawam Planning Board will hold a public hearing on Thursday, May 1, 2014 at 6:30 PM in
the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will
be to hear the petition of the Agawam Planning;Board 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:
Mark R. Paleo ogopoulos, Chairman
Agawam Planning Board
(Ad to be run-4/17/14 & 4/24/14)
z
F
cr-
>C
-,
-T
Town of Agawam
t 36 Main Street Agawam, Massachusetts 01001-1837
-ly TeL 413-786-040 Fax 13.7 + -' ' 27
March 7, 2014
r
Christopher C. Johnson, President
Dennis J. Perry, Vice President
George Bitzas,'Councilor'
Cecilia P. Calabrese,Councilor
Paul C. Cavallo,Councilor '
James Pt Cichtti, Councilor Ln
Gina M. Letellier,Councilor
Joseph Mineo, Councilor
Donald M. Rheault,Councilor
Robert Rossi, Councilor
Anthony Suffiiti, Councilor
Agawam Town Council
36 Main Street
.Agawam, MA 01001
Dear Councilors.
At its,duly called meeting held on February 20, 2014, the Agawam Planning Bayard voted t
repetition the Town Council to adopt TOR 201 -8—Mixed Use Business C District. At its meeting
held on January 21,2014,the City Council defeated the proposed Zoning Amendment with a 6(in
favor) and 4 (opposed) vote. Since that date, Michael Beaudry, owner of 378-384 'Walnut Street
Extension has asked that his property,be included in the proposed Business C District. His request
d letter of support is attached. The attached Mixed Use zoning amendment has been revised to
include his property.
During the City Council public hearing,those who vetted, against the amendment indicated that it
should be delayed until after the Games and Lanes building, has been demolished and the site
cleaned. On November 25,2013,the City Council met with the Mayor, City Solicitor, Fire Chief, `
Health Director, building Inspector, Director of Planning and Community Development and the
Town's consultant, O'Reilly, Talbot and Qkun(QTO)to discuss the activities which are currently
underway to identify the extent of the contamination at the site and the cost to clean the affected
properties. Council members were informed that the projected cost was approximately$600,000.
This figure does not include the demolition of the building which is estimated to cost approximately
$200,000. The current assessed value of the property is$146,300. Though the purchase,cleaning
and redevelopment will be challenging,the Planning Director has informed the Planning Board that
there are two parties who are currently interested in the property. The adoption of the Mixed Use
District will encourage such a private investment.
The proposed Mix Use Business C District is intended to encourage the redevelopment and
revitalization of the Walnut Street Extension Business District, not only the Games and Lanes
property. The area is tired and needs incentives to boost private investment. The nineteen properties
that are included in the proposed district deserve the opportunity to more fully utilize their properties.
Their contributions to Agawam are many including:$358,429 in annual taxes and jobs. By adopting
the Mixed Use District, the Town will show appreciation for their contributions to the Town and
would encourage them to remain in the District to act as a catalyst for its redevelopment.
In addition to the above listed opportunity to encourage the redevelopment of the Walnut Street
Extension shopping district,the adoption of the Mixed Use District will enable the Town to compete
for up to $1 million in MassWorks Infrastructure Program grant funds. The MassWorks Program
provides grant funding for construction, reconstruction and expansion of streets, roads, curbcuts,
parking facilities and pedestrian and bicycle access in order for new growth to take place. Top
among the requests of the property owners is the need for additional parking and better circulation.
If successful, MassWorks hiftastructure funds can be used to address these needs.
Repeatedly over many decades,elected officials have decried Agawam's Zoning Ordinance pointing
to the need for updating. This is an opportunity to support a new, clearly defined and carefully
conceived update which can serve as an example for future revisions. The: Planning Board
respectfully requests your support of this amcndment.
If you have any questions,please contact the Planning Office at 786-0400, extension 8738.
Sincerely,
o
Mark R. Paleologopoulos, Chairman
AGAWAM PLANNING BOARD
cc: Clerk, Solicitor,File
Page I of I
Deborah Dachos
From: Mike Beaudry [mike beaudrysr@gma i Lcom]
Sent: Tuesday, February 25, 2014 3.54 PM
To: Mayor Richard Cohen, Deborah Dachos; barbara bard
Subject: Business C District I Support Letter and Request for inclusion
Attachments: Support Letter Business C District.docx
Dear Mayor Cohen, Deb Dachos, and all Agawam City Councilors,
I am writing to express my support for the proposed Business C District in the Walnut Street
Ext area. Please see my attached letter of support.
I would also like my property located at 378-384 Walnut Street Ext to be included in this
Business C District.
The vision of a downtown shopping area is great. Several people walk between my building
and the EB's building on a daily basis. Including my property and maybe even a cross walk
would be helpful to support this future vision.
I can be reached anytime if further feedback or support is needed.
Thanks,
Mike
Mike Beaudry
413-330-8928
2/26/2014
February 25, 2014
Mayor Richard A. Cohen
36 Main Street
Agawam, MA 01001
Dear Mayor Cohen.
As the ;property owner of 378-384, Walnut Street Ex , I wish to
express my support for the proposed Mixed Use District,
Business C. 1 understand that the Agawam City Council did not
have the necessary votes to adopt the Zoning Amendment the
first time it came before them. 1 also understand that the
Planning Board has voted to repetition the City Council.
The proposed Business C District would be a positive asset for
the Town in its efforts to redevelop the Walnut Street Extension
Shopping Area. As most, If not all, of the buildings are currently
non-conforming,. the new zoning would provide the property
owners with the opportunity to invest In their buildings to
increase their marketability.
The Business C District is a great opportunity o enhance the
shopping center and bring jobs and additional tax revenues to
Agawam.
Sincerely,
Michael Beaudry
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 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 to 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,
1804411 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
JIS-1-3
J 15-4-1
J15-4-2
J 15-4-3
J 15-4-4
J14-3-3
J14-3-4
J14-3-5
J 14-3-7
J144-1
J 14-4-2
J14-4-3
J14-4-5
J14-4-6
J 14-4-7
J 14-4-8
J14-4-9
J1458
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 A 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. Cafe: 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 customers 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 fixed Use Development shall demonstrate that the
project shall be served by town water and sewer service upon completion of the proposed
development
g. 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_ Corn operated laundries;
c. Shoe repair;
ad. Photographicservices;
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.
180-143Use 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. Horne Occupations;
f. Professional Service Offices;
g. Personal Service Establishments
h. Municipals Uses
. Banks or financial institutions, automated teller machines (ATMs);
j. Health club;
k. Townhouses (single family dwellings connected by one or more walls);
I. 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 maybe 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-structurefOn-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 CO!TTRO
0 S.f 25 feet 10 feet 0 feet 20 feet 45 feet/ 75% 15 feet
-----------------L-- -L I- 3 stcaris -- -1
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);
bw 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;
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
(!qptcandle) (footcandle) Pro = LLihe
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.
1 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`TAM and 11'PM
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 11PM only.
2. Loading and unloading platforms and doorways specially designed for loadinglun oading
are prohibited on the front aide 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 most conform to requirements of the Americans with Disabilities
Act(ADA)and the Massachusetts Architectural Access Board (MAB).
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 perking 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: fleshing 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 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.
Q. 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 root and wall lines and other architectural techniques.
Z 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 (1 a '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 servedto 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.
181-146 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 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 gaming up to eighty percent(€30%)of the
martian income in Agaram's statistical area.
. 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 2014.
PER GIRDER OF THE AGAWAM CITY COUNCIL
Christopher C.' Johnson, President
APPROVED AS TO FORM AND LEGALITY
Vincent F. Giocia, City Solicitor
Februarys 25, 2014
Mayor Richard A. Cohen
36 Main Street >�
Agawam, MA 01001
>
Dear Mayor Cohen:
Cr
As the property owner of 378-384 Walnut Street Ext, l wish to
express my support for the proposed Mixed Use District,
Business C. 1 understand that the Agawam City Council did not
have the necessary votes to adopt the Zoning Amendment the
first time it cane before therm. l also understand that the
Planning Board has voted to repetition the City Council.
The proposed Business C District would be a positive asset for°
the Town in its efforts to redevelop the Walnut Street Extension
Shopping Area. As most, if not all, of the buildings are currently
non-conforming, the new zoning would provide; the property
owners with the opportunity to invest in their buildings t ►
increase their marketability.
The Business C District is a great opportunity to enhance the
shopping center and bring jobs and additional tax revenues to
Agawam
Sincerely,
Michael Beaudryr
�1 F AGa
~+ '~ TOWN F AGAWAM
LAW DEPARTMENT
1
36 MAIN STREET,AGAWAM, MASSACHUSETTS 01001
TEL. (413) 786-0400, Ext. 8728 or 786-5400 FAX(413)786-9927
Vincent F. Gioscia, Solicitor t�
C=
To: City Council '
From: Law Department n
�r-
CC: Planning Board :KE:'
D
Date: 1 April 2014o
1�T
Re Mixed Use Business C (TOR-2014-4) r'
Question Presented
Can the Mixed Use Business C petition be placed back before the City Council
for another vote after having been defeated at a prior meeting within two years?
Brief Answer
Yes, as the original petition was positively recommended by the Planning Board
in their report to the City Council.
Discussion
The Zoning Act makes clear the legislatures intent to allow for reconsideration of
a zoning ordinance that was positively recommended by a planning board in its report to
a city council or town meeting. The full text in question from G. L. c. 40A, s. 5 states:
No proposed zoning ordinance or bylaw which has been unfavorably acted upon
by a city council or town meeting shall be considered by the city council or town
meeting within two years after the date of such unfavorable action unless the
adoption of such proposed ordinance or by-law is recommended in the final re-
port of the planning board (emphasis added).
Reconsideration of an ordinance is only prevented when the Planning Board does not;
recommend approval in their report to the City Council after a public hearing. The Mixed
Use Business C ordinance can again be placed before the City Council, as if for the first
time, in the same form as originally presented.
No changes need be made to the text of the proposed ordinance. The only pre-
requisite for reconsideration is a positive recommendation from the Planning Board in
their original report. TOR-2014-4 is legally permitted to be placed on your agenda.
TOR- 1 4
AN ORDINANCE AMENDING THE ZONING CODE OF THE TOWN OF
AGA 'AM CREATING THE MIXED USE BUSINESS C DISTRICT'
Sponsored by the Planning Board
WHEREAS, the Planning Board voted unanimously to act as petitioner for a
proposed zoning;amendment to create a new zone entitled the "Mixed. Use Business C
District"; and
WHEREAS,the Planning Beard wishes to provide guidelines to encourage a mix r
of uses compatible with existing uses and neighboring properties; and c
WHEREAS, a Mixed Use Business C District would provide business and hqu
ing uses in locations where a variety of town services are available, promoting the ure of
existing buildings and properties; and
p
WHEREAS, a mix of uses will create employment and housing opportunitic ;that :
encourage walkability while also encouraging increased consumer visits; and -�-
WHEREAS, businesses have expressed interest in Becoming a part of the new
zoning district and many others as well as many residents support the mixed use zone,
d
WHEREAS, the Mixed Use Business C District shall be bounded along Walnut
Street Extension and Agawam Shopping Center as set forth in §180-141(A) below; and
WHEREAS, it is in the best interest of the Town of Agawam, its residents and
businesses to create a Mixed Use Business C .District.
NOW THEREFORE, the Agawam City Council hereby resolves,: ordains;
..ends and enacts the fallowing amendments to the Zoning Ordinance of Agawam.,
SECTION I. The Zoning Ordinance is hereby amended by inserting after article XVIII
the following article:
Article XIX Mixed'Use Business C ,District
180-139 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
y establishing controls that will facilitate flexible development while protect-
ing 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 com-
patible 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 opportuni-
ties 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 re-
tail,service and other uses on the ground floor and residential units
above;
3. Encouraging development that exhibits the physical design character-
istics 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 ernerg-
ing 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.
Page 2 of 16
§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 Arti-
cle.
Assessor's Map, Block and Lot
114-5-34
115-9-1
J15-1-1
J 15-1-2
J15-1-3
J 15-4-1
J 15-4-2
J 15-4-3
J 15-4-4
J14-3-3
J14-3-4
J14-3-5
J 14-3-7
J 14-4-1
J 14-4-2
J 14-4-3
J 14-4-5
J 14-4-6
J14-4-7
J 14-4-8
J144-9
J14-5-8
B. The provisions of this Section 180-144 shall be administered by the Plan-
ning 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 Defimitions
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.
Page 3 of 16
1 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. Cafi: 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 custom-
er in a ready-to-consume state for consumption either within the restau-
rant 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 it is defined as a single'unit(e.g., stu-
dio, 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 struc-
tures,as well as decks,balconies, porches, and similar architectural fea-
tures, 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 chemi-
cal smell.
Page 4 of 16
10. Personal Services: Establishments primarily engaged in providing ser-
vices 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;
c. 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 gen-
erally of at least one hour or longer, serving food intended for con-
sumption 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 Develop-
ment
1. Mixed use developments may be constructed in the Mixed Use Devel.
open Overlay District with Site Plan Review by the Planning Board in
accordance with s.180-13. The following uses maybe included by right
with Site Plan Review within a mixed use structure in a mixed use devel-
opment:
Page 5 of 16
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 re-
striction 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, includ-
ing 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(8) above must meet the Special Permit requirements in Sec-
tion 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 Dis-
trict are shown in the Table of Dimensional and Density Regulations be-
low:
Table of Dimensional and Density Regulations for the Mixed Use,
Business C District
Mini- mini- Mini_ Mini- mini_ maxi- Maximum Maximum Setback
mum of mum mum mum mum mum Lot Coverage
Area Frontage Front Side Rear Height
Yard Yard Yard
0 N.f. 25feet 10feet Ofeet 20feet 45 feet l 75% 15feet
3 stories
Page 7 of 16
180-144 Performance Standards for Mixed Use Developments
To the extent feasible, all Mixed Use Developments must meet the Perfor-
mance Standards in Sections 1 -144 A-G below.
No use shall be permitted that causes or results in dissemination of dust,
smoke, gas or fumes, excessive odor, noisc, vibration or excessive light vio-
lating 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 conduct-
ed 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 marrow as is feasible, without resulting in traffic safety is-
sues.
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 d bi-
cycle circulation. Provisions must be made for motor vehicle,bicycle,
and pedestrian circulation connections to adjacent lots:
5. The Planning ing Board shall require a detailed traffic study for the follow-
ing uses:
a, high volume traffic generating uses with a trip generation rate
over 700 vehicles/day(based on Institute of Transportation Engi-
neers rates found in Trip Generation),
b. the construction of new Mixed Use Development struc-
ture 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:
Page 8 of 1,6
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 vc-
hieular 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 traf-
fic levels, road capacities and impacts on intersection. Existing .
daily and peak hour traffic levels and road capacities shall also be
given;
c. 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(W)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 I 1:00 p.m. 50
11:00 pm. to 7:00 a.m. 45
*Note: 65 dba=normal conversation; 50 dba=noise level of a
normal working reffigerator; 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 out-
door maintenance shall be limited to between the hours of 8:00 am 7:00
pm.
Page 9 of 16
C. Emissions and Odors:
I. Emissions and odors shall be completely and effectively confined with-
in the building, or so regulated as to prevent any nuisance, hazard, or
other disturbance from being perceptible(without the use of instru-
ments) 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 oft is 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, intermit
tent, 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, se-
curity 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 tem-
perature 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
Page 10 of 16
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 light-
ing, shall be turned off after business hours, leaving only the light-
ing necessary for site and pedestrian security, crime prevention and
streetlighting.
• All lighting shall be recessed and shielded to prevent of glare.
• Site lighting shall confonn to the following output standards:
Maximum Site Average Footeandle at
foots
(footcandl e) 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 Under-
writers, and shall be screened from view from public ways and abutting
properties.
F. Waste Disposal:
I. to 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 com-
pactors within the building or on site, as well as a signed annual con-
tract for rubbish removal.
4. Dumping of dumpsters shall be limited to weekdays between the hours
of 7AM and I I PM only, Dumpsters must be fenced, gated and
screened from view,
Page I I of 16
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
l l PM only.
2. Loading and unloading platforms and doorways specially designed for
loading/unloadingmre 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 appro-
priate circulation or continuity to an existing pedestrian or bicycle cir-
culation 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 Ameri-
cans with Disabilities.Act ADA) and the Massachusetts Architectural
Access Board (M B).
3 Sidewalks are required along all town streets. A treebclt is required ad-
jacent to sidewalk areas. The Planning Board can waive treebelt re-
quirements in situations where they determine that local conditions
warrant..
4. The development should provide internal and/or public pedestrian con-
nections that are direct, convenient and pleasant with appropriate amen-
ities;(e.g. attractive sidewalks and benches).
L Vehicular.Access,Parking and Loading, and Shared Parking Re-
quirements:
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 trust 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 devel-
opment.
Page 12 of 16
5. A parking study shall be required for all new structures within the Dis-
trict 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 limits
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 often (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, re-
stored or altered to maintain or promote the status of the building or
structure on, or eligibility for inclusion on the Mate or National Regis-
ter of Historic Places:.
L. Signs.
L 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 isigns 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; in-
ternally 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�rnay be
constructed ofwood,metal, stone, gold leaf, glass,canvas, stained glass
or encased in a wooden frame.
7. Sign illumination may include external white light illumination,provid-
ed 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 pule signs shall have a maximum height of
ten feet; other free-;standing signs shall have a maximum height of four
feet.
Page 13 of 16
M. LandscapingRequirements:
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 t
seasonal weather conditions for a period not to exceed six (6)months
from the time of project completion.
N. Green Infrastructure and Storm water Runoff
1. To the extent feasible, Mixed Use:Development projects shall recharge
all stormwater on site. The use of green infrastructure strategies for
storm ater`recharg+e, 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
storm water recharge.
!. Maintenance of Landscaping and Screening.
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 ve-
hicular 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 Torn of Agawam
Page 14 of 16
through the use of appropriate building materials, screening, breaks in
roof and wall lines and other architectural techniques.
. 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 of 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.
Variations in architectural detail, form and siting shall be used to pro-
vide visual interest and avoid monotony.
4. Existing buildings,subject to reconstruction or rehabilitation and pro-
posed buildings shall be compatible with the historic character and
scale of contiguous buildings within the immediate neighborho6d vicin-
ity.
. Proposed buildings should relate harmoniously to each other:.
6. Buildings shall be designed so that retail, restaurant, and personal ser-
vice establishments are strongly encouraged to be located on the ground
or below grade building levels.
7. The entire building facade must be oriented to front and side street
property lines and must be located within fifteen (ls) feet of such prop-
erty lines, with sidewalks in front of buildings.
g. 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 din-
ing 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 train restaurant. Dining areas
which abut residential areas must end outdoor dining and seating by
I l pm.
c. Litter must be cleaned up regularly.
Page 15 of 1
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.. Afford-
able housing will be defined as these residential units affordable to
a household earning up to nighty percent (g(l%) of the median in-
come 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. heed restrictions or similar devices
shall be used to limit future sale or rental prices for these purposes.
. 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 Beard 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 , 2014.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, President'
APPROVED AS TO FORM LEGALITY
`'c 1L�-i
Vincent F. Gioscia., City Solicitor s
Page 16 of 16