1974-1975 FLOOD PLAIN - ORDINANCE FLOOD PLAIN
ORDINANCE
'Met
P ems, 191 y
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t
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to thq
1 Zoran Gr-dinance3 of theXTo7wn of Agawain
To Prcvide For
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Re ulati.an of-the F-11 od Plain
i he Flood Plain Zone and the regulations herein have been established
for the following purposes:
To protect and preserve the water courses and their adjoining flood
plain; to reduce the hazards of floods upon the public health, safety
and general welfare; to protect flood plain occupants from a flood
that is-o.; may by caused by their o%n land use and that is -or may be
undertaken without full realization of the dangers therein; to protect
the public from the burden of extraordinary financial expenditures for
flood control and relief; to protect the capacity of flood plain; to
absorb, transmit and store run--off; to assure retention 'of sufficient
floodway area to convey flows which can reasonably be expected to occur,
20-63 LOCATION OF FLOOD PLAIN
All land delineated on map entitled "Town of Agawam Mans. Flood Insurance
and Flocd Hazard Map" being part of the Flood Plain Submission to HOO
daied December 22, 1971 , shall be included in the 'Flood' Plain Zone, These
areas are described in general terms as that land adjacent to the kestfield
and Connecticut Rivers which lie at or'below the level of the elevation of
the 100 year flood as dhermined by the Federal Insurance Administrator,
The flood plain zone shall be considered to be superimposed, over the other'
zones shown on the zoning map, as a recognition of the special hazards
which exist in such areas.
20-6L :'ERMITTED USES
Ir, thcaze p, lions cf the Torn so designated in. paragraph -20-63 the
� r
FOR REFEHEN(1F_ NO COPIES TO BE XADE
ARTI.CIE X1 - Flood Plain Zone
20-62 Purpose
The purpose of the Flood Plain Zone is to ensure that develop:aent on land
within the district will. no;, endanger the health', safety and welfare of the
occupants of land within the flood plain or the public, and to encourage the
most appropriate use of the land in the community. The. Flood Plain Zone shall
be considered to be superimposed over the other zones shown on the zoning asap,
as a recognition of the, special hazards which exist in such areas. . _. 4e,
20-63 Location of Flood Plain - "
All lands delineated on map entitled "Town of Agawam Flood Insurance and
Flood Hazard Map" being part of the Flood Plain Submission to HUD dated December 22,
19711, shall be included in the Flood Plain Zone. These areas are described in
general terms as that land adjacent to the Westfield and Connecticut Rivers which
lie at or belaw elevation 60.0 above mean sea level•
20-64 Uses '
in a Flood Plain zone, no new building shall be erected and no. premises shall
be used except for one or "ore of the fo llcwing uses: -
sanitary sewage,,.a. Municipal recreation, public water supply, drainage;/or flood control uses,
orchard, truck garden, nursery, or similar open use of the land for the raising
of agricultural or horitcultural crops; and if authorized by the Board of Appeals,
commercial golf course, or non-profit social, civic or recreational use (but not
including any use the chief activity of which is one customarxl� conducted as a
. .business); and buildings and sheds accessory to any of the above uses, as long
as such use is permitted in the underlying district in which the land is classi-
fied, but no duaping, filling, or earth transfer or relocation operation e:•cept
for Lt.ility trenches, driveways, landscaping, accessory building foundation, or
public facilities enumerated above.
. b. Dwellings lawfully existing; prior .to the adoption of these provisions, but
which shall not thereafter be enlarged or extended except by,the Board
of Appeals.
No structure intended for human occupancy shall be erected and no fill shall
be placed therein unless a permit has been issued by the Board of Appeals
after reasonable notice and a public hearing.
All lands within the Flood Plain zone are included in one or more of the
other districts defined by this Ordinance. The permitted uses specified
herein take precedence in areas so classified. If, however, an exception
under Section 20-65 is granted by the Board- of. Appeals, .then the permitted
-uses of the underlying zoning district shall govern.
There shall' Be no filling within the flood way of any river--or stream-.include'
or )=;iding this zone.
2045 Board of Appeals Permits '
a. Any person desiring a permit under this section.shall submit an -
application to the Board of Appeals, describing in detail'the proposed use
of the property and the work to be performed, accompanied by plans showing
the- following:"(f ) the location, boundaries and dimensions of the lot-and
easements; (2) existing and proposed structures; {3} watercourses and drainage
easements; (4) fill, means of access, and sewage disposal facilities;:(5)
r:ean sea.`. level elevation of existing and proposed land facilities; (6) test
borings- of sufficient depth to show location of impervious material and such
percolation tests as ;,are deemed necessary by Board 'of health or Board of
Appeals. Copies of the application shall be delivered by the applicant to
the following officials: the.-Board of health, the Bui.ldinp Inspector, the
Planning Board, -and the Conservation Coanmissio,n These officials shall ad-
vise the Board of Appeals. No building. pet-nit shall be issued and no f illirg
shall takr, place until the Board has issued a permit under this section or
sixty days has elapsed lifter the receipt of the application without action
thereon.
b. The board :s hall,issue,a .permit tinder this section if it finds 'that
3
the proposed use of the premises will not endanger the health and safety of
the occupants of land *within the flood plain or the pul.lic, or it may issue
a permit with such conditions as it deems necessary to protect health and
safety or provide proper flood control or protection, or it may deny the ap—
plication. The burden of showing that the proposed development will not
endanger health and safety and that it will be an appropriate use of land shall
rest upon the developer, who. shall provide such engineering and h9droi99iS4
data_-ascis reasonably necessary. The Board may, as-.a condition of approval,`
require that effective notice be given to prospective purchasers, by signs•.-
_ ,or •otherwise; of past flooding of said premises, and the steps undertaken by the
petitioner'or his successor in title to alleviate the -effects of the same.
c. Without limiting the generality of the foregoing, the Board shah.
ensure: (1 ) That the top ofconcrete foundation elevation of areas to be•
occupied by hunan beings as living or working space shall be at an elevation
above mean sea level of at least the elevation of "Standard Project Flood
mofified by existing and proposed reservoirs" as shown on Corp of Engineers
map
.and graph for the ,and delineated in the application. Said map shall be
available in the offices of the Board of Health, the Building Inspector, the
Planning Board, the Conservation Committee, and the Board of Appeals. (2)
That furnaces and utilities are protected from the effects of flooding, and
that the structure will withstand the effects of flood in accordance with the
building code. (3) That the proposed construction,use and�or change of grade
..' will-�hot obstruct or divert flood flow, substantially reduce natural flood—
water storage capacity, or increase storm water run off velocity so that water
levels on other land are substantially raised.;or dangerfrom flooding increased.
(4) That safe means of vehicular and pedestrian escape are provided in the
event of flooding. (5)That .the", proposed methods of drainage and sewage dis—
posal will not cause pollution or endanger health, in the event of flooding.
No septic tanks and leach fields shall be permitted. �.
d. A subdivision/filed with the Planning Board under Chapter 41 of the
General Laws of Massachusetts shall meet the Rules and Regulations of.- the
Board as they apply to Flood Plain management. .The subdivision as approved
by the Planning Board shall be considered a sirZle application when submitted
to the Board of Appeals under this Ordinance. The action of the Planning
Board shall in no way limit the Board of Appeals in their decision and setting
of conditions.
e. * nothing contained in this section shall limit the authority of the
Board of health with respect to premises in the Flood Plain zone or affect
the applicability of the building code to any building in the Flood Plain
zone.
f. A site plan approval issued by the Board of Appeals or a building, permit
issued by the.Building Inspector before the effective date of this section
shall be deemed to be a permit hereunder.
�� _r .'^ _. ' . r �. _ . _' ryF.y-,.'^ _ - T ' T , . � �. � . �. , _ ter.• -..1 - -
g Any land in the flood plain district which shall be proven to the satisfaction
of the Board of Appeals as being in fact not subject to flooding or-not unsuitable
because of drainage conditions for any use which would otherwise be permitted if
such land were not in the flood plain district, and also that use of such land
would not interefere with general purposes detrimental to public health, safety
and welfare the Board can issue a permit with or without conditions.
1
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20--66 Enforcement
Because of the critical nature of elevations in the flood plain., no
new construction, alteration, or extension of structures for human occu-
pancy as permitted under section 20-65 shall b'e allowed beyond the foun-
dation stage until the top of foundation elevation has been checked and
certified in writing to the Building Inspector as being the elevation as
_stated on the approved glans or higher. All final grades of any change
in topography shall be checked and certified in writing as being accor-.
�.t ding to the approved. plans.. _ Inspection and certification shall be .made .
by a registered professional engineer or land surveyor. All costs incur--.
red under this section shall be borne by the applicant.
The enforcement of those areas of work under the building code shall
.'.-.-.,be the responsibility of the Building Inspector. who shall make judgments
with regard to flood plain requirements.
20-67 Performance Guarantee
The completion of all earth work not bonded or covenanted under Chap-
ter 41 of the General laws of Massachusetts shall be guaranteed with the
Town of Agawam by securities or bond as required by the Town prior to the
commencement of -any earth work.
0 93 TOWN OF AGAWAM
40
36 MAIN STREET AGAWAM, MASSACHUSETTS 01001
2 Tel. 413-786-0400
1
ATED
Planning Board Nov. 21 , 1974
Mr. Edward Caba
Town Clerk i
Agawam, Mass.
Dear Mr. Caba:
Attached are the amendments, duly voted on October 17, 1974,
to become part of the Rules and Regulations of the Planning
Board as it Refers to Subdivision Control Amended March 7, 1974.
These amendments also refer independently to any land develop-
ment which occurs in the Flood Plain areas as described in the
Agawam Town Code (Ordinances) ,
Very truly yours,
AGAWAM PLANNING BOARD
G/1
MV 22 74 AM
it:, D
9",
-1 UVVN OF AGAWAivi
TOWN CLERK'S OFFICE
M The Planning Board terewith stipulates
ates Rules and Regulations for
the subdivision and/or development of land which lies within the
Flood Plain as described in the Town Ordinance.
Authority for these regulations is derived from the commitment
of the Town of Agawam to the Federal Insurance Administrator
under the Federal Flood Insurance Act. These rules and regulations
shall take priority over any conflicting regulations of the
Planning Board.
1 . The finished grade of land at all sides of any major
building shall be set at a minimum grade above flood
level as determined by the Planning Board from historic
flood data.
2. The total area may not be removed from the flood plain
or graded in such a way as to cause additional hazard
to the remainder of the flood plain areas. No more
than one/third of the total area may be regraded or
filled.
3. More than one exit from the .-total area shall be provided
for emergency evacuations by clearing and suitable grading
and related work, and no obstructions to vehicular passage
shall be allowed within the exit route. This exit may not
require paving or other surfacing. Developer shall so
note any deeds concerning obstructions to passage.
4. Utilities: Town sewer systems shall be constructed to the
specifications of the Department of Public Works and Board
of health to insure safety from flooding. All water lines,
gas, and electric lines shall be constructed with suitable
area master shutoff valves. All above ground utility con-
trol boxes shall be constructed to avoid flood damage and
to elevations as determined by the Planning Board, Elec-
tric and telephone lines shall be underground and all
access to underground utilities shall be constructed to the
specifications of the Department of Public Works. Any
drainage pipes opening into the flood way (river or stream)
shall be constructed to the specifications of the Depart-
ment of Public Works to prevent flooding of the system.
40
y F • •
5. All plans reviewed by this Board which lie in th6 *flood
plain shall be stamped or legally noted so that land
owners and future occupants shall be aware of their
responsibilities. This notation shall be endorsed on
Form A' s, "Subdivision Control Not Required" , as well
as Form B's, "Subdivision Control", preliminary and
definitive plans.
5. All plans reviewed by this Board which lie in the .flood
plain shall be stamped or legally noted so that land
owners and future occupants shall be aware of their
responsibilities. This notation shall be endorsed on
For A's, "Subdivision Control Not Required", as well
as Form B's, "Subdivision Control", preliminary and
definitive plans.
Stanley M. Drewnowski, Jr.
Clerk
COMMONWEALTH OF MASSACHUSETTS
TOWN OF AGAWAM
November 26, 1974
I herewith certify from records in my custody as
Town Clerk, Town of Agawam, that at a meeting of the
Agawam Planning Board held on October 17, 1974, said
Board voted 4 YES 1 ABSENT to amend their Rules and
Regulations as it refers to Sub-Division Control as
amended March 7, 1974.
I further certify that these amendments were
filed in this office by the Agawam Planning Board on
November 22, 1974 and that the foregoing is a true
copy as filed with the signatures of the majority of
the Planning Board members thereunder the cover
letter.
ATTEST: /
Edward A. Caba
Town & Council
Clerk
.z
� y� FA
TOWN OF AGAWAM
-�� 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001
Tel. 413-786-0400
-
August 8, 1974
Town Council ;
It has been brought to our attention that two sets of Masters wore used
to make the copy of the ordinance Regulating Flood Plains for the Council.
The two sets not being identical, we submit a total set to each Councillor
made from the final master. We have' underlined lightly those sections
which do not agree with the superceded copy. We trust this procedure will
clarify the matter.
Very truly yours,
Chairperson,
Agawam Planning Board
gi 1
13 f
2-
IT
Ads to
Flocd -- a temporary rise in stream flow that results in water
topping its banks and intnda ,inc areas adjacent to the
channel, or flood plain.
Flood Plain - the-land adjacent to a body of.eater-which has bean
' or.nay be hereafter covered by-flood Ovate w w
Flocdaay - the charQiel of a stream and .those.potions.o f the. flood:_ -•j' ,,`' r
„n:;, - jq§
plain adjoining the channel_ thalare required:to Airy and ^s.
discharge the flood water or flood floors of' any- rivex- or ,'.
stream..
Flood Fringe - the area of the flood plain outside_•of the floadway ..
where water may stand briefly at the height of a flood, 'but ''-
Foes not _move with Agnii icant current.
Ordinary High Water Mark -. the highest -point c:, the bank of.a.flood%-ay
or flood plain a$, A ch the water level has .been for a su£fi--• -
cient period of time to leave a.def inite nark.
Storage Ca of a Flood Plain - the volume- of space lbo7e an area
of-flacd plain land th t can be occupied by flood, water of a
giver. stage at a given time, regardless of whethei the water : • '
is moving.
Buoyant taterial - A material which displaces an amount of,water- ecual : .,. ;.t:. '.,i'',^•,. _ •
to its weioht', capable of f mating r_._.. -_ .--•- s— -- - -- �.-__. . ____��. ",- ,
"Substantial Imo ovement in the flood plain means any repair, reconstruction;, or .:
improvement of a structure, the cost of which equals or exceeds 25 percent of the .'
assessed value of the structure either (a) before the improvement is started, or-
(b) if the strmcture has been damaged and is being restored, before- the.damage
occuz-_ed. Substantial improvement is started when the first alteration of any
St lic*•,:ural part of the building commences."
I a num;�ering of ..au se�.. ._v. -.: �. 4.. _ . .. .
n:,e.ring will be accomplished by-Town Counsel upon action by the Council)0. PaoPosm AtEMNa-IT
to the
Zoning Ordinances of the Town of Agawam
To Provide For
Regulation of the Flood Plain
20-02 PURPOSES
The Flood Plain Zone and the regulations herein have. been established
for the following purposes: ;F
To protect and preserve the 'water courses and :their•adjoining flood.: A
plain; to reduce the hazards of floods upon the ublic health 'safety
po p i y
•, ,
and general welfare;- to protect flood plain' occupants. from a;:flood
that•is or may be caused by their own land use'and that is or-.may be . ; .�,; •':`.
i .
undertaken without full realization of the dangers 'therein; to 'protect
the public from the burden of extraordinary -financial.expenditures for
r
flood control and relief; to protect the capacity of flood plain; 'to
absorb, transmit and store run-off; to assure retention of sufficient• . '
floodway area to convey flows which can reasonably be expected to' occur. -
20--63 LOCATION OF FL0CD PLAID
All land delineated on map entitled "Town of Agawam Mass. Flood Insurance.
and Flood Hazard Map1° being part of the Flood Plain Submission to Hid
dated December 22, 1571 , shall be included in the Flood Plain Zone. These
areas are described in general terms as that land adjacent to the Westfield
.and Connecticut• Ptivers which lie at or below the level of the elevation of .
the 100 year flood as determined by the Federal. Insurance. Mninistrator-.
The flood plain zone shall be considered to be superimposed over the other
zones shown on the zonirq map, as a recognition of the special hazards
which er_is t in such areas.
in th--se p r tion.s of the Town so designated in paragraph 20-63 the " .
2
the following tses of land shall be permitted;
3 . Conservation of Nater, plants arm wild life.
2. Legally pe=*tted outdoor recreation not recurring develop-
ment or landscape alteration in conflict with the puma ose of
this zone.
3. Grazing, forestry-and other farms or agriculture consistent With
the purposes .of the zone.
4. Dwellings lawfully existing prior to the-adoption of these
i substantJ.a :.provisions, however, no building peimits.for,/alterations
extensions shall-be granted unless a Special Permit"is granted {-
by the Ecard of Appeals.
5. Proper operation and maintenance of dams and other water. control.
devices.
6. The following uses if dete_*nined to be consistent with the our- ..
noses of this zone, said determination to be made .b-r the Board.
of Appeals following petition_ of the lAnabwner-r or'owners
a. Developed recreation, facilities. ,
b, utility lines and facilities. -
c. Des and other water control. facilities -If in an- author-
ized plan by public agency or if'.bui.lt to create ponds:
for recreational or agricultural, use.
d. }Minor buildings incidental to .permitted flood:•control,... •
recreation, agricaltuwal, ,etc: uses, and not exceeding
2CO square feet In ground coverage, or large structures
if constructed as to not obstruct natural hydrological
features. '
e. in the flood fringe the .develoment of stmetures for
.resida-ice use: _enl^ if. the lowest floor, Uncluding
ba nt) is elevated to or above level of the 100 year
flood, the structures for nor.-residence use shall have the
lowest floor including basement elevation to or above the
level of the 100 year flood or the structure 'together,.gith
the attending utility and sanitary facilities is flood-
proofed up to. the level of the . 100
.year. flood.
20-65 PRO'r'IBIT�7 USES _
In those portions of the Torn so specified .in Section 20-63 as -
Flood Plain,. the following uses of land shall be prohibited: t -
1 . Erection, construction or other creation or installation of
any building, darn or other- structure.
2. The bulk storagQ of bouyant c` r�
materials. --
3. The addition; rer;oval, or transfer of such quantities of mater-
ial, including trees, shrubs, and ground cover, teat ,would.re•-
duce the water storage capacity of the flood plain, obstruct the
flow of flood waters in a flood-day, or otherwise adversely-affect
the natural hydrology of the area.
4. The digging or drilling of a well intended as a source of dom-
estic watery �
5. The installation of septic tank or leaching fields
20--66 WARD OF APPEALS -- SPECIAL PF.4ITS
1 . If any land in the Flocd Plain District is found by-the Board
of Appeals -not 'in fact to be 'sub jest- to seasonal. or npricdic.' "
flooding or unsuitable because of drainage conditions, and if . "
the proposed action is consistent with the purpose of this By- r
la,., the Bcard..of Appeals may grant, after a public hearing with
due notice, a supcial per-.it for the use of such-.l.arxi and for the
construction and erection of a building or structure for aby pur-
0.
• lF.
purpose permitted in the underlying district subject to reasonable
coalitions and safeguards.
2. The application for a special permit shall incic:de a plan -prepared
and certified by a professional engineer of land surveyor, registered
in the Commonwealthlof Massachusetts, This.plan will show all proposed ,
and existing buildings, structures, roadyways, drainage facilities, `- -
and Lvidscape features (i.ncluding-wetlands, 'trees, and the like) and
other engineering and hydrological data the;"MO finds necess _ `-The }
. g � � o as'Y: -:: .. _
Von
plan -will show all existing and proposed finished ground. contcurs'ako n x
two foot intervals.
3e The application for aSpecQlAe_- A;shall a3sa include an environmental.
impact statement prepared by an environmentally qualified registered
professional engineer. This statement will describe the impact upon
the physical environment of ,the proposed use.
4. The Board of Appeals may waive the requirements of paragraph• 3 if 'it
.-determines that the probable impact upon the physical environment of the
proposed use is to be minimal and that environmental impact statement''is
not. necessary to its consideration of the application,
5. The applicant shall provide the Board with an original and seven copies .
of the request and.of any plan and/or environmental impact statement
required under paragraphs 2 and 3 above. The Board of :4ppeals shall within
seven days forward one cony of each to the..,Building Inspector, Planning -
Board, Board of Pealth, and Conservation Commission. These agencies ma� - filej
written recommendations with the Board of Appeals -within thirty days of
receipt of notification... The Board of Appeals shall not grant approval
of an application for anSpecial Permit #til these rec6mmendations have ,
been received or until expiration of the said thirty day period.
The Board of Appeals may issue a perni.t under this Section if it finds that:
The proposed use of the premises will not endanger the health and
safety of the occupants of lxnd within -the-flood plain or the
public, or it map issue a permit with such conditions as it'deems ;
necessary to protect health and safety of the.occupaats and the
public or provide proper-flood control,or protection, ,or it may ; =
deny the application. The burden of 'shorw than -the proposed development
will not endanger health and safety an4. that it will be- an a • ro,riate �
use of -the land shall rest upon the developer, who shall provide. such
additional 'engineer and H olo ical data as the Board of Appeals
g
deems necessary. The Board shall, as a,condition of approval, recui.re
that effective notice be given to prospective purchasers or existing
landowners by signs, notation on plans and permits, or other4ise, OF
past fl6oding' of said premises, and the steps undertaken by the petitioner,
or his - successor in title to alleviate the effects of' the same.
kOithout limiting, the generality of the foregoing, the Board shall insure: '
1. That_new construction or st�ostantial improvements of residential
structures within the flood slain zone will have the lowest floor
(including basement) elevated to' or above the'-level of the 100 year
flood.
2. That new construction,or substantial improvements of'nan-residential'
structures intended for huma._n occupancy or employment, excluding {
open-walled shelters, far temrorary use by outdoor- recreationists,,
within the flood plain zone grill have-the lowest floor (including
basement) elevated to or above the level of the 100 year flood or.,
together with attendant utility and sanitary facilities, he flood-
.
rf!' l
proofed up to the level of the 100 year flood.
3. That new or replacement water supply systems and/or sanitary '
sewerage systems to be located in the flood Plain zone shall
be designed to minimize or eliminate infiltration of flood
waters into the systems and discharges from the systems into
flood waters, and on-site waste disposal systems.'shall be
located so -as to.- avoid impai=ent-of them or'contanination,i fraa
them during 'flooding
4. That no use or structure sha11 be.,located in the designated;
floodway which'would raise the level of ,the'100 year .flood more, j
than 1 foot at any point.
No fill or encroachments within the designated floodway shall
be permitted that would impair its ability to carry and dis-
charge the Haters resulting from t}e 100 year flood, extent
where the effect on flood heights is fully offset by stream
improvements.
Any existing nonconforming uses or structures in the designated'
floodway shall not beex^_anded, b4 may be modified, ,altered, . . .
repaired, or-reconstiructed, subject to. regulations. rertaining
to nonconforming uses, to incorporate flood proofing maasures, .
provided'such-measures or such modification, alteration.. 'rerair,.
or reconstruction do not raise the level of the-:1C0; year flood at' �•
-- - - any point.
_ -- -- -- _ — - =,.�- - 7.
-- ---- --- - -
20-67 General Stipulations
1 . A suba'i.vision, filed with the Planning Board under Chapter 41 of the
General Laws of :•1assachusett,s,shall meet-the Rules and Regulations 'of
the PLnning Board as they apply to Flood Plain management. The
subdivision as approved by the Planning Board may be considered a
single application when submitted Itz the Board of Appeals under this --
ordinance. . (The action of the Planning Board. shall.in no way limit
the Board. of Appeals in their decision and setting of conditions.)
2.Nothing contained in' this ordinance. shall li=it 'the'authority'of the.,
-Board of Health with respect to premises in the Flood Plain zones
- . affect the applicability of the building code to any building in
the Flood Plain zone.
3.A building permit issued by the Building inspector before the =
. effective date of this ordinance shall be deemed to.be a permit
hereunder.
!{ Any plans or applications submitted to any Board, Agent, or Authority••
of the Town which concerns land within the Flood Plain shall be noted:' . '
"This proposal is for land which lies in the Flood Plain.and meets :
the requirements of the Flood Plain Ordinance. ; .
5. No new construction, alteration, or extension of structures for human
occupancy as permitted under Section 20-66 shall be allowed beyond the
foundation stage, until the elevation of the lowest floor (including
basement) has been :bhp^^kL-d ,arid certified in writing to the Building•,
inspector as being the elevation as stated on the approved plans or '
higher. All final grades or any change in topography shall be checked
and certified in writing as being according to the approved plans. Inspec-'
tion and certification shall be made by a registered professional engineer o1
land surveyor. All costs incurred under this- section' shall be.-borne by :
the applicant.
8
20-6$ ARJORYANCB GUAR-UNI FE
The completion_ of all earth iork not bcnded or covenanted under Chapter 41
of the General. Lews df Massachusetts shall be guaranteed with the Town of
Pgawam by securities or bond as required- by the Town prior to commencement
of any earth work.
20-69 BILITY
The invalidity of any section, or provision of this Ordinaince shall not":`
Anvalidate any other section or provision hereof,
�►� FA
• i
�O 9
�' _'•loll TOWN OF A G AWA M
� h
y�. 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001
1
o9P�AA7ED MPy` Tel. 413-786-0400
June 6, 1974
Mr. Edward Caba
Council Clerk
Agawam, Mass.
Re: Flood Plain Ordinance #1037
Dear Mr. Caba:
In compliance with the extension of time granted by the Council in
memorandum dated April 19, 1974, the Planning Board herewith submits
their final recommendation for an Ordinance to control development
of the flood plain.
Very truly yours,
AGAWAM PIANNING BOARD
JUN 14 '74 AM
F.
`SOWN, QF NIT'„ y
G/1
cc Mr. Westman
//1 L
Add to
DF.FIhITICN5
Flood - a temporary rise in stream flow that results in water.
topping its banks and inmda;,ing areas adjacent to the
channel or flood plain.
Flood- P3airi - the land adjacent to a body of water which has been
or may be hereafter covered by flood water.
Floodway -' the channel of a stream and those portions of the flood _
.` plain adjoining the channel that are required to .carry and
discharge the flood water or. flood flora.of any river.. or..
_ stream.
Flood Frin tie - the area of the flood plain_outside of the floodyay = _
cohere water may stand briefly at the height of a flood, but
does not move with significant 66=ent.
Ordinary High Water hark --the highest paint on the bank of a floodway ,
or flood plain at which the .water level has been for a :suffi
-..-- ,cient period of time to leave-a,definite mark:
Storage- Capacity of a Flood Plain - the vo1=!!�• of space above•an area
of flood plain land that can be ,occupied by.flood water,.'of a ;
given 'stage at a given time, regardless of whether the water
is moving. „ `>
u.r u r• ....,.v ....J.J........I...,� V.. V„ . � _ � .I..r l..r _.r I..ri .J.- u. ..N.. • u. ..r u r .• r V.. •r • .. . I...i Ju.1.Lr•
nu*nbering will be accomplished by Town Counsel upon action by the Council.)
PROPOSED A �`1MEN PEiI
to the
Zoning Ordinances of the To-nm of Agawam
To Provide For
Regulation of the.Flood Plain
20-62 PURPOSE `
The Flood Plain Zone and the regulations herein 'have •been;established
for the following purposes:
To protect and preserve the water courses and their adjoininp flood
py Inito reduce the hazards of floods upon the public health, safety,
f and general welfare;. to protect flood plain occupants from a flood
that is or may be caused by their own land use and that is or may be
undertaken without full realization of the dangers therein;- to rrotect
the public from the burden of extraordinary financial expenditures for.
flood control and relief; to protect the capacity of flood plait,;
-]to absorb, transit and stare run-off to
assure retention of sufficient floodway area to convey flows which can
reasonablyb� expected to occur.
20_63 LOCAT'I0N OF FLOOD PLAIN _
All land delineated on map entitled "Town of Agawam Mass. FL.I: A. Flood
Insv..rance and Flood hazard Boundary Map" designated by YUD shall bp
included in the Flood Plain zone. 7-hese areas are described in Renrral
terms as that land adjacent to the Westfield and Connecticut Rivers which
lie at or below the level of the elevation of the 100 year flood -as -
The flood plain zone shall he 'considered
determined by the Federal-Insurance Achinistratort/to be supeririposed '
over the other zones shorn on the zoning man, as a recognition of the
special hazards which exist in such areas.
20--64 PEF i41TTED USES
In those portions of the Town so designated,in .parag7aah.20--63 the.
• 2 •
the followring u : uses of land shall be nernitted:
i . Conservation of water, plants and wild life.
2. Legally permitted outdoor recreation not reeuiring develop-
ment or landscape alteration in conflict with the purpose, of
this zone.
3. Grazing, forestry and other farms or agriculture consistent with
the purposes of the zone.
40 Dwellings lawfully existing prior to the adoption of these
provisions, however, no building permits for alterations or
i extensions shall be granted unless a Special Permit is granted
by 'the Board of Appeals. _ . .'.
5. Proper operation and maintenance of dams and other water control
devices.
6. The following uses if determined to be consistent. with the vur-'
poses of this zone, said determination to be made' by the P.oard
• of Appeals following petition of the land owner or owners:'
a. Developed recreation facilities.-*
b. utility lines and facilities. .
c. Dams and other water control facilities if in an author-' '
ized plan by public agency or if built to create ponds
-for recreational or agricultural use.
d. Minor buildings incidental to permitted flood control,
recreation, agricultural, etc. uses, and not exceeding
200 square feet in ground coverage, or large structures
if constructed as to not obstruct natural hydrological
features.
e. In the flood fringe the develop-ent of structures for
reslderici use- !only if the lowest floor (including
' ba cement) is elevated to or above te level ,of the 100 year
flood, the structures for non-residence use shall have the
lowest floor including basement elevation to' or above the
level .of the 100 year flood or ,the structure together with
the attending utility and sanitary facilities is flood-
proofed up to the level of the-100 year- flood.
PRO141BITED USES
.In those portions of the Town so specified in Section 20-6, as
- Flood Plain, the following uses of land shall-be prohibited.
: .
1. Erection, construction or other creation or installation of
any building, darn or other. structure. -..: .
2.. The storage of bouyant, fla=able, explosive or toxic mat.erials;•.�-'..
3. . The addition, removal, or transfer of such buan stitie of mater=
- ial, including trees, shrubs, and ground cover, -that' would re-
duce the water storage capacity of the flood plain, obstruct the
:flow of flood craters in a floedway; or 'otherwise.adversely affect
the natural hydrology of the area.'-
=, The.digging or d of a welI:.intended as a source of yd --- k gg g ri�lznx. -
-
5., The installation of septic tank or leaching-fields _. j
20-65 f-0A.RD -OF APPEALS - SPECIAL PE ENI'i S
1 . If any land in the Flood Plain District is -found by the Board
of Appeals not in fact to be subject to seasonal or periodic
flooding or unsuitable because of drainage conditions , and if
the proposed action is consistent with the purpose of this P,7-
law, the Board of Appeals may grant, after a public hearing with .
due notice, a special permit for the use of such land and for the
construction and erection of a building or structure for any pur-
k
pose per AN in-the underlying district sweet to reasonable
conditions and safeguards.
2. The application for a special permit shall include a plan pre-
pared and certified by a registered professional engineer or a
land su_mreyor registered in the Commonwealth of Massachusetts
This plan will show 'a11 ,proposed, aril existing build in>:s,. structures,.
roads, ways, drainage ,facilities, a:xi landscape' features (incli.•ding '
wetlands, trees, and the like) and other engineering 'and hydrolOFical
data the-Board finds necessary; The plan will show all existing and
proposed finished ground contours at 2 foot intervals. '
. The an for .an-exception shall also- include an environ-
mental impact statement prepared by an environmentally rualified .
registered professional engineer. . This' statement will describe
the impact upon the' physical environment of the proposed use.
k. The Board of Appeals may waive the recuirements' of paragraph 3 if
:. 'it determines that 'the probable impact upon the physical 'environ= y 1'
_ :raeat`of�ther�pased use is tv=be_r�intimaT arid' that _ = li .:,F4
M .._..=_. *viror=ental impact statement -is not nieces.
sary to its consideration of the application.
5, ' The applicant shall provide the Board with an original and 7
copies of the request and of any plan azidlor envirortmental
. , impact statement required under paragraphs 2, 3 above. 'The
Board of Appeals will promptly forward one copy of each to the
Building inspector, Planning Board, Board of Health, and Cons Qr-
vation Corrmission. These agencies may file written recommendations
with the Board of Appeals within 30 days. The Board of Appeals
shall not Prant approval of an application for an exception
until these rec=erdations have been received or until expir-
ation of the said 30 day period.'
The Board of Appeals may issue a permit under this Section if it finds
that:
The proposed Use of the premises will not endanger the health .and
safety' of the occupants of land within the flood plain or the
public, or it may issue a permit with such conditions as it deems
of the occupants and the public
necessary to protect health and safety/or provfde proper flood con-
trol or .protection, or it may deny the application. The burden of
showing that the proposed development will not endanger health and
safety and that it will be an appropriate use of land shall rest
upon the developer, who shall provide such additional engineering
and hydrological data as the Board of Appeals deems necessary. The
Board shall, as a condition of a^prolral, re-ITIre that offac-tivn no4-Ana
be" given to proapecti.ve purchasers or existing laislowners or by signs
notation on plans and perrmits or otherwise, of past flooding of said
premises, and the steps undertaken by the petitioner or'his successor
in title to alleviate the effects of the same.
Without limiting the generality of the foregoing, the Board shall insure:
1.. That new construction or substantial improvements of residential
structures within the flood plain zone will have the lowest floor _
(including basement) elevated to or above the level of the 100 year
flood.
2. That new construction or substantial irm- provements of non-residential
structures intended for h=an occupancy or employment, excluding
open-;walled shelters for temporary use.by outdoor recreationists,
within the flood plain zone will ha-re the lowest floor (including: 'f
basement) elevated to or above t; e level of the 100 ,year flood or,
together Frith attendant utility and s-anitary facilities, be flood-
. _
4 .t
t
proofed up to the level of the 100 year flood.
3. What new or replacement water supply systems and/or'sanitary -
sewerage systems to be located in the flood Plain zone shall"-
-
be designed to minimize or eliminate-infiltration of flood
- - waters -into' the systems -arid discharges from the systems into.-:: `=� •
flood waters, and on-site waste disposal systems shall be
located so as to avoid impairment of them or contamination fresi
- them during flooding.- .,.. '_`• ,.L_.
k. , That no use or structure shall be located in the designated
: floodwap which would raise the level of the 100 year flood more
than 1 foot at any point. _
No fill or encroachments within-the designated floodway shall
be permitted that would impair its ability to carry and dis-
charge the waters resultine from the 100 year flood, except -
where the effect on flood heights is fully offset by 'streaia .. ;
improvements.
- Any ,existing nonconforming -uses or structures in the designated
floodway'shall not be exp&id6d but may be modified, altered,
repaired, or reconstructed, subject to regulations pertaining
to nonconforming uses, to incorporate floodpraofing measures,
provided such measures or such modification, alteration, re^air,
or reconstruction do not raise the level of the 100 year flood at
any point.
3. A subdivision, filed with tha Planning Roard -undPr Chapter 141 of
the General laws of Massachusetts shall meet the Rules and Regu-
lations of the t`.:ard as they ap7l1--y to Flood Plain management.
TheL,sucdivision as approved by the Planning Board may be consid-
ered a SIA application when submitted toe Board of Appeals
under this Ordinance. (The action of the Planning Board shall in
no way limit the Board of Appeals in their decision and setting of
conditions.)
6. Nothing contained in this section shall limit the authority of
the Board of Health with respect to premises in the Flood Plain
zone or affect the appli.ca�ility of the building code to any
building in the- Flood Plain zone.
7.
A building permit issued by the Building Inspector before the '
effective date of this section shall be deemed to" be a permit,-. J
hereuader.: ;. : ;'• iF.
-� No new construction, alteration, or extension of structures for human
occupancy as .permitted under Section 20-65 shall be.allowed beyond the
foundation stage, until the elevation of lowest fl,noi.. (including base-
went) has been checked and certified in writing-:to'the- Building Inspector•
as being the elevation as stated on the approved plans orbhigher. All,1 '
final grades or any change iri topography shall be cttecksd an3 certified
in writing as being- according to the approved plans. Inspection arid ''.;'
certification shall be made by a registered professional engineer or
Land Surveyor. -All costs incurred under thi.s'section,shall- be•.borrie,
the applicant.
? a _ ' '_�• {`Ati.;off^ 'Y•ei.'�i'
20-67 P'r'PMMANGE GU RMTEE -.. . .. _"� `• :_.: ;^µ
The completi.oa of all earth work not bonded or covenanted under Chppter 41
of the General Laws of Massachusetts shall be guaranteed with the Town of >s'
Agawam by securities or bond as required by the Town prior to commencement .
of any earth work.
;,0�
2t?-68 � SEVERABILiTY .._ . _ . . . _._ _ ._ - - - - .--. :_:_ '.... --.- .---- ^._;_,.. -_, - •,' - .- -•T:_ -_
The invalidity of any section or provision of this Ordinance shall' not
invalidate• anyother section or proA'sion hereof,
• • job
FA 1c N
3
_ TOWN OF AGAWAM
36 MAIN STREET AGAWAM, MASSACHUSETTS 01001
�p�RgTEQ spy Tel. 413-78&0400
April 2, 1974
APR 4 '74 AM
t{D6 �
!0:`Mr. Edward Caba ;Council Cler Agawam, Mass.
Re. Flood Plain ordinance #1037 TOOM OF AGAWAM
1'0'0!N CLERK'S OFFICE
Dear Mr. Caba:
The Planning Board held its public hearing on the proposed ordinance to
regulate development within the flood plain on Thursday, February 28,
1974, at a duly called hearing advertised in the Springfield Daily News
according to Massachusetts General Law.
Subsequently, we are advised by Mr. Westman that the Council must now
meet new requirements with HUD as a result of the town's change-'of status
under the flood insurance program.
Therefore, we respectfully -request that the Board be allowed to continue
its study with the Council's Ordinance Committee and report back to the
Council with a document which will meet the requirements under the insur-
ance act as well as the proposed ordinance in a more complete form.
At this time under Massachusetts General Law the Council can take its own
action on this ordinance. However, we feel it is in the best interest of
the community's development that we may be allowed to study this matter
further.
Respectfully submitted,
v '
cMr. Westman T
FA
74
TOWN OF AGAWAM
��► .. d :. ,�� 36 MAIN STREET AGAWAM, MASSAC14USETTS 01001
ED Tel. 413-786-0400
April 2, 1974
Mr. Edward Caba
Council Clerk
Agawam, Mass.
Re: Flood Plain Ordinance #1037
Dear Mr. Caba:
The Planning Board held its public hearing on the proposes{ ordinance to
. regulate development within the flood plain on Thursday, February 28.,
1974, at a duly called hearing advertised in the Springfield Daily dews
according to Massachusetts General Law.
Subsequently, we are advised by Mr. Westman that the Council must now
meet new requirements with hUD as a result of the town's change of status
under the flood insurance program.
Therefore, we respectfully request that the Board be allowed to continue
its study with the Councilts Ordinance Committee and report back to the
Council with a document which will meet the requirements under the insur—
ance act as well as the proposed ordinance in a more complete form. .
At this time under Massachusetts General Law the Council can take its own
action on this ordinance. however, we feel it is in the best interest of
the community's development that we may be allowed to study this matter
further.
Respectfully submitted,
• yy �fir,` � � / t ' /
cc Mr. Westman
^.d!l to
f? I?�I`f I iS 0 r Z) 7��
i
C
r1^cal -- a t�nporary rise in strewn .flow th4t results in water
topping its banks a.^:i inundating areas adjacent to the
channel or flood plain.
Flood Plain - the land adjacent- to a body of water which has been
or may be hereafter covered by flood water.
Flocs',:+ay -- the channel of a.stream and-those. portions of -the flood.
plain adjoining the channel that are recuired to carry and
discharge the flood Water or flood flaws of any river or
stream. :
Flr. d Fringe - the area of the flood plain outside'of the floodway
where water Tay stand briefly at the height of a ,flood, tut
does not move with significant current.
Ordinary Nish Water Mark - the highest point on the bank of a f0odv:ay
or flocd plain at which the eater level has been for a suffi-
cient period of time to leave a.definite mark.
Storage Capacity of a Flood Plain - the valune of space above an area•
of flood plain lard that can be occupied by flood water of a
givei stage at a given time, regardless of whether the, water
is moving.
Buo rantMaterial - A material which displaces' an amount of,water equal
to its WASH; capable of floating. _
"Substantial 7mpro mment in the flood plain means any repair, recdnstruction, or
ir:ip:^ovement. of a structure, the cost of which,equals or exceeds 25'percent of the
assessed value of the structuxe either (a) before the improviment is started, or
' (b) if the structure has been dalaged and is be Ng restored, before the damage
occurred. Substantial improvement is started when the first alteration of any
structural part of the buildinb co,:,mences,tt
of A� • •
TOWN OF AGAWAM
36 MAIN STREET AGA`rVAM, MASSACHUSETTS 01001
1
��p�RATED 'Tel.. 413-786-0400
January 22, 1974
Mrs . Natalie C . George, Chairman,
Agawam Planning Board
Town Hall
Agawam, Mass ,
Re: Flood' Plain Ordinance
#1037 your 1tr under
date of' January 10, 1974
Dear Mrs . George
Please be advised that the Agawam Town Council , at a
regular meeting held on January 21 , 1974 voted unanimously
to refer the above matter to your Board for action as pro-
vided fcr in Chapter 40A Section 6. of the Mass . General Laws.
as amended.
This action is in compliance with your request outlined
in the petition submitted by your Board 'to the Council Clerk,
dated January 10, 1974.
Very truly yours
L.f
Edward A. Caba
Toi.,n & Council
Clerk.
cc : Town ManaCD JAN. 2 3 '74 AM
Bldg & Zoning Office
File �� G�
8% 4/
TOWN OF AU:'XA[Vi
TnWN rl_ERK'S OFF16;
FA
� 3
_ TOWN OF AGAWAM
36 MAIN STREET AGAWAM, MASSACHUSETTS 01001
.0 Mpy Tel. 413-786-0400
January 10, 1974
Mr. Edward Caba
Council Clerk
Agawam, Mass.
Re: Flood Plain Ordinance #1037
Dear Mr. Caba:
At a duly called meeting of the Planning Board on Tuesday, January 8, 1974,
the Board moved to send to the Council the attached draft of a "Flood Plain
Ordinance" to be incorporated into Section 20 of the Town Ordinances -
Zoning.
Because of the critical nature of development in that area we petition
the Council to move as soon as possible on this matter.
Very truly yours,
r
(Mrs.) Natalie C. George
g/l Chairman
JAM 10 '74 AD
,Q „,�,,,,,,,,,
• PART 1 POWERS AYD PURPOSES
r la`s 1, 2, 3, S, 5A; 7A, 10 Am) 11
Srcrtox 1. This chapter shall be known and may be cited as "The Zoning Enabling Act'.
5Eeriox 2. For the purpose of promoting the health, safe[!, convenience, morals or welfare of its inhab- w
_itants, any city, except Boston, and any town, may by a zoning ordinance or by-law regulate and restrict
the height, number of stories, and size of buildings and,structures, the size and width of lots, the per-
centage of lot that may be occupied, the size of yards, courts and. other open spaces, the density of Opula-
tion, and the location and use of buildings, structures and land for trade, industry, agriculture, residence
--or other pum2ses; provided, however, that no ordinance or by-law' which prohibits or limits the use of
land for any church or other religious purpose or for any educational purpose which is religious,w.tarian,
denominational or public shall be valid; and provided, further, that in regulating or restricting the size "
Of such buildings or structures no provision of any ordinance or by-law shall be valid which requires the
i floor area of the living space of a single-family residential building to be greater than seven hundred and
sixty-eight square feet.
For any 'or all of suchEurpo_es a zoning ordinance or by-law may divide the municipality into districts of
such number, shy and area as may be deemed best suited to carry out the purposes of this chapter, and^
within such districts it may regulate and restrict the erection, construction, reconstruction alteration.or
use of buildings, and structures, or use of lan and may prop xt�o ous trades within the municipality
or any, specified part thereof. all suc renu arsons and restrictions shall be uniform for each class or kind
of buildings, structures or land, and for each class or kind of use, throuahout the district, but the ren la•
tions and restrictions in one trict may differ from those in other districts. Due regard shall be paid
to the characteristics of the different parts of the city or town, and the zoning regulations'in any city or
town shall be the same for zones, districts or streets having substantially the same character. A zoning
ordinance or by-la* may provide that lands deemed subject to seasonal or periodic flooding shall not be
used for residence or other u - in such a manner as to endanger the health or safety of the occupants
thereof. ,
Chapter 40A Section la, provides for exceptions to the regulations -and restr—
ictions contained in the ordinance. "Such exceptions shall be in harmony with
the general purpose and intent of the ordinance and may be subject to general
or .specific rules therein contained. The board of appeals .. .. . . .may in appro-
priate cases and subject to appropriate conditions and safeguards, grant to an
applicant a special permit to make use of his land or to erect and maintain
buildings or other s4ructures thereon in accordance with such an exemption."
Chapter 40 A Section 12 "The inspector of buildings .in a city ..... ..shall with-
hold a permit for the construction or alteration of any building or structure
if the building or structure as constructed or altered Would be in violation
of any zoning ordinance. . . . . ." . There does not appear to be an enforcement
regulation in general laws for land development without a structure. Therefore,
the zoning ordinance provides for the enforcement of land use for other. than
i
structures under the "local ordinance" power.
The. drafting of this ordinance. was based upon "Suggested Flood Plain Zoning By-
law" from "Open Space and Recreation Program for Metropolitan Boston" Volume 4
Massachusetts Open Space Law, by Mr.. Stephen Ells, Equine, Deputy Commissioner,
Massachusetts Department of Natural Resources. Also "Flood Plain Zoing By-law,
Tawn of Reading, Massachusetts". It was intended to comply with 'the following
stipulations of the Agawam Town Council "Resolution-Flood Insurance " Part A -
(1 ) Appoints the Town ;tanager with the responsibility, authority,- and means to
(c) Maintain for public inspection and furnishing upon request, with respect to
each area having special flood hazards, information on elevations (in relation to
mean sea level) of the lowest floors of all new or substantially improved structures;
and (d) Cooperate with"Federal, State, and local agencies and private firms which
undertake to study, survey, map, a.nd' identify flood plain or mudslide areas, and-
cooperate with neighboring oommunities with respect to management of adjoining
flood plain and/or mudslide areas in order to prevent aggravation of existing
hazards. The adoption of this zoning ordinance should also provide sufficient
notice and information to owners and developers of flood plain land that they may
meet the requirements of the Building Inspector and the' Planning Board as directed
to review submissions under "Resolution - Flood Insurance" Part B.
A copy of the landmark court case on flood plain zoning "Turnpike Realty Company
Inc. v. Town of. Deedham, heard in the Supreme Judicial Court of Massachusetts"
in April 1972 is enclosed. Especially, note the keyed sections 1 .through 17 in
that they contain most of the arguments relative to flood plain zoning. "The
Turnpike case gave approval to three basic public policy objectives: (1 ) pro-
tection of occupants of a flood plain; (2) protection of other Landowners from
damages resulting from development of the flood plain and consequent obstruction
of 'flood flow; and (3) protection of the entire community from individual choices
of land use which require subsequent public expenditures for public works or dis-
aster relief. An additional purpose of preserving open spaces and wildlife will.
not make the law invalid if the public purposes are made primary." Massachusetts
Conservation Commission. Handbook" 1973 Edition.
ARTICLE ICI -- Flood Plain Zone
2042 Purpose
The purpose of ;.he Flood Plain Zone is to ensure that development on land
within the district will not endanger the health, safety are welfare of the
occupants of land within the flood plain or the public, and to encourage the
most appropriate use of the ]and in the community. 'The Flood Plain Zone shall
be considered to be superimposed over the other zones sho,.m on the zoning map, .
as a recognition of the special hazards which exist in such areas. ..
20-63 Location of Flood Plain
All lands delineated on map entitled "Town of Agawam Flood Insurance and
Flood Hazard Map" being part of -Lhe Flood Plain Submission to HUD dated December 22,
1971 , shall be included in the Flood Plain Zone. These areas are described in
general te=s as that land adjacent to the Westfield and Connecticut Fivers which
-lie at or below elevation 60.0 above mean sea level.
20-64 Uses
In a Flood Plain zone, no new building shall be erected and no premises shall
be used except for one or more of the following uses:
sanitary sewage,
a. Municipal recreation, public water supply, drainage for flood control uses,
orchard, truck garden, nursery, or siimilar open use of the land for the raising
of agricultural or horitcultural crops; and if authorized by the Board of Appeals, '
commercial golf course, or non-profit social, civic or recreational use (but not
including any use the chief activity of which is one customaril,, conducted as a
-business); and buildings and sheds accessory to any of the above uses, as long
as such use is per:zitted in the unierlying district.in tirhi.ch the land is, class:-
fled, but no du.ioing, filling, or earth transfer or relocation operation, e vcc.pt
for utzlity trenches, driveways, landscaping, acc-ssor'. 'cuilding foundation, cr
public facilities enumerated above.
b. Dwell..iu s lawfully exist-infi prior to the adoption of these provisions, but
{� 4
which shall not thereafter be enlarged or extended except by the Board
'+ of Appeals.
No structure intended for hunan occupancy shall be erected and no fill shall-
be placed therein unless a permit has been issued by the Eoard of Appeals
after reasonable notice and a public hearing.
# All lands within the Flood Plain zone are included in 'one or more of the
other districts defined by this Ordinance. The permitted uses specified
herein take precedence in areas so classified. If,.,however, an exception'
under Section 20-65 is granted by the Board of Appeals, then the permitted•
uses of the underlying zoning district shall govern.
There shall be no filling within the flood way of any river or stream included•;•-'
in-or boupdinz this zone..
20--65 Board of Appeals -- Permits
a. Any person desiring a permit under this section.shall submit an
application to the Board of Appeals, describing in detail the proposed use
.of the property and the work to be performed, accanpanied by' plans showing
the following: (1 ) the location, boundaries and dimensions of the lot and
easements; (2) existing and proposed structures; (3) watercourses and drainage . -
easements; (4) fill, means of access, and sewage disposal facilities: _(5)
mean sea . level elevation of existing and proposed land facilities; (6) test , .
borings of sufficient depth to show locatzon' of impervious material and such
percolation tests as ;,are deemed necessary by Board of Health or Board of
Appeals. Copies of the application shall be delivered by the applicant to
the following officials: the -Board of health, the Buildinp Inspector, the
Planning Board, and the Conservation Commission. These officials shall ad-
vise the Board of Appeals. No building permit shall be issued .and no filling
shall take place until the Ecard has issued a permit under this section or
si-xty- days has elapse.d after the receipt of the application without action
thereon.
b_ The Board shall issue a permit under this section -if it finds that
• • 3
the proposed use of the premises will not endanger the health and safety of
the occupants of land within the flood plain or' the public, or it may issue
a.permit with such conditions as it deems necessary to protect health and
safety or provide proper flood control or protection, or it may deny the ap-
plication. The burden of showing that the proposed development will not
endanger health and safety and that it will be an appropriate use of land shall
rest upon the developer, who .shall provide such engineering and hydrological
data as..is reasonably necessary. The Board may, as a condition of approval,
require that effective notice be given to prospective purchasers, by signs•.i
F .-.or otherwise, of past flooding of said premises, and the steps undertaken by the
petitioner or his successor in title to alleviate the effects of the same.'
c. Without limiting the generality of the foregoing, the Board shall
ensure: (1 ) That the top of- concrete foundation elevation of areas to be
occupied by human beings as living or working space shall be at an elevation
above mean sea level of at least the elevation of "Starrlard Project Flood
mofified by existing and proposed reservoirs" as shown on Corp of Engineers
r -map and graph for the lam delineated in the application. Said map shall be
available in the offices of the Board of- health, the Building Inspector, the
Planning Board, the Conservation Committee, and the Board of Appeals. (2)
That furnaces and utilities are protected from the effects of flooding, and
that the structure will withstand the effects of flood in accordance with the
building code. (3) That the proposed con§truction,use and 'or change of grade
: . will .not obstruct or divert flood floe, substantially .reduce natural flood-
water storage capacity, or increase storm water run off velocity so that water
levels on- other land are substantially raised-or dangerfrom flooding increased,
(4) That safe means of vehicular and pedestrian escape are provided in -the
event of flooding. (5)That the, proposed methods of drainaf,7e and sewage dis-
posal will not cause pollution or endanger health, in the esrent of flooding.
No septic tanks and leach fields stall be permitted, t
d, A subdivision/riled with the Planning Board uneer Chapter 41 of the
General lames of Massachusetts shall meet. the Mules and Regulations of. the
Board as they apply to Flood Plain management. ..The subdivision as approved
bj the Planning Board shall be considered a single application when submitted
to the Board of Appeals •under this Ordinance, The action of the .Planning
i
Board shall in no way limit the Board of Appeals in their decision and setting
of conditions.
e. Nothing contained in this section shall limit the authority of the
Board of health with respect to premises in the Flood Plain zone or affect
the applicability of the building code to any building in the Flood Plain
zone.
f. A site plan approval issued by the Board of Appeals or a building permit
. issued by the Building Inspector before the effective date of this section
shall be deemed to be a Permit hereunder.
g. Any land in the flood plain district which shall be proven to the satisfaction
of the Board of Appeals as being in fact not subject to flooding or not unsuitable
because of drainage conditions for any use which would otherwise be permitted if
such land were not in the flood plain district, and also that use of such land
would not interefere with general purposes detrimental to public health, safety
and welfare the Board can issue a permit with or without conditions.
r
r
20-66 Enforcement
Because of the, critical nature of elevations in the flood plain, no
new construction, altQration, or extension of structures for human 'occu-
pancy as permitted under section 20-65 shall be allowed beyond the foun-
dation stage until the top of foundation elevation has been checked and
certified in writing to the Building Inspector as being the elevation as
__stated on the approved plans or higher. All final grades of any change
in topography shall be checked and certified in writing as being accor-
ding to the approved plans. Inspection and certification shall, be made
by a registered professional engineer or land surveyor. All costs incur-
red Under this section shall. be borne by the applicant.
The enforcement of those areas of work under the building code shall
be the .responsibility of the Building Inspector who shall make judgments
with regard to flood plain requirements.
20-67 Performance Guarantee
The completion of all earth work not bonded or covenanted under Chap-
ter 41 of the General laws of Massachusetts shall be guaranteed with the
Town of Agawam by securities or bond as required ,by the Town prior to the
commencement of any earth work. -
. _
The .Planning Board herewith stipulates Rules and Regulations for
the subdivision and/or development of land which lies within the
Flood Plain as described in the mown Ordinance.
Authority for these regulations is derived from the commitment
of the Town of Agawam to the Federal Insurance Administrator
under the Federal Flood Insurance Act. These rules and regulations
shall take priority -over any conflicting regulations of the
Planning Board.
1 . The finished grade of land at all sides of any. major
building shall be sat at a minimum grade above flood
level as 'determined. by the Planning Board from historic
flood data. `
2. The total area may not be removed from the flood plain
or graded in such a way as to cause additional hazard
to the remainder of the flood plain areas. No more
than one/third of the total area may be regraded or -
filled.
3. More than one exit from the total area shall be provided
for emergency evacuations by clearing and suitable grading
and related work, and no obstructions to vehicular passage
shall be allowed within the exit route. This exit may not
require paving or other surfacing. Developer shall so
note any deeds concerning obstructions to passage.
4. Utilities: Town sewer systems. 3hall be constructed to the
specifications of the Department of Public Works and Board
of.-Health to insure safety from flooding. All water lines,
gas, and electric lines shall be constructed with suitable
area master shutoff valves. All above ground utility con-
trol boxes shall be constructed to avoid flood damage and
to elevations as determined by the Planning Board! Elec-
tric and telephone lines shall be underground and all
access to underground utilities shall be constructed to the
specifications of the Department of Public Works. Any
drainage pipes opening into the flood way (river or stream)
shall be constructed to the specifications of the Depart-
ment of Public Works to prevent flooding of the system.
40
5. All plans reviewed by this Board which lie in the:flood
plain shall be:-:stamped or legally noted so that land
owners and future occupants shall be aware of their
responsibilities. This notation shall be endorsed on
Form A' s, "Subdivision Control Not Required" , as well .
as Form B's, "Subdivision Control" , preliminary and
definitive plans,
AGAWAM
Proposed Zoning By-Law Amendment
SECTION 16--A. SPECIAL PROV23100 YLOOD
PVAI S/;rlE'{`LHIS DIS'i`V:iOM
(a) PURPOSES. The purposes of the Flood Plains/
Wetlands Districts are :
(1 ) To provide that lands in the mown of ngamem
wb e3t to saasonal or periodic flooding as delimited
hereinafter shall not bo usad for residence cr .lade
purposes in such a manor as to endanger the health or
,safe t7 of the occupy-c-ts th:3r. oof.
(2 ' To protect, preserve, and maintain the water tab la
a.E'?c} wa_tor recharge areae within the Town so E8 to pr ooe: ve
preeent and potential water supply for the public health and
:safety of the Town of Agawam,
(3 ) To assure the cGntinuation of the natural flog
pattern of the water courses within the Town of Agawam V
order to provide adequate and safe floodwater atoraga capacity
to protect; persons and property against; the hazards of flood
inundation.
(b) DISTRICT DELIMITATION. The Flood Plains/Wetlands
Districts are dofined as all areas delimited as Flood/Plains
Districts on the hood Plains/'Wetlands Zoning Map, made a part
of this By-Law.
The Flood Plains/Wetlands Districts shall be considered
as overlying other zoning districts, Any uses permitted in
the portions of the other zoning districts so cv orl din shall
be permitted subje3t to all the provisions of this section.
(c ) PERMITTED USES.
(1 ) In any Flood Plains/Wetlands District, a.s indicated
on the Flood Plains/wetlands Zoning :dap, no building or
structure shall be opected, constructed, altered, enlarged,
or moved, and no dumping, filling, or earth transfer or
relocation shall be permitted, and no land, building, o{
structure shall be used or occupied for any purposo except
one or more of the following:
(a) Conservation of water, plants, and wildlife.
(b) Wildlife management areas. Fishing and hunting are
permitted where otherwise legally permitted.
(c ) Outdoor recreations including play a: eas, nature study,
and boating. Foot, bicycle, and horse paths and bridges are
permitted if they o not affect the naturalow pattern of
any waterway.
(d) Non-commercial signs as permitted in the Residence
A-1 Districts.
(e ) Grazing and farming, includitg truck gs, dening and
harvesting of crops.
(f ) Forestry and Nurseries,
(g) Any of the follq�Wing uses if a spacial permit, in
each case, is obtained from the Board of Appeals :
Commercial golf courses.
Private rifle clubs .
Temporary refreshment stands or stands for the sale of
produce grown on the premises.
Pony rides, circus fairs, carnivals, and sinitlar events.
but not including any permanent structures, and subject
to all other applicable Town By-Laws and regulations.
(h) Dwellings lawfully existing prior to the adoption of
these provisions, but not including; any enlargement and/or
extension thereof where additional filling into the flood plains
or wetlands area is necessary to complete the project.
(2) The portion of any lot within the ar'eti delimited by
Section 16-A (b) above may br, used to meet the area and yard
requirements for the District or Districts in which the remainder
of the -lot is situutod, provided that portion does not exceed
-twenty-five percent of the minimum lot area.
(d) BOARD OF APPEx�,S. In the Flood Plains/Wetlands
Districts, the Board of Al.peals may grant a spacial permit
for any use and/or structure, subject to the following: .
(1) The request has been referred to the Planning Board,
the Conservation Commission, and the Board of Health, and
reported upon favorably by all those boards, or thirty days
shall have elapsed following such referral without roceipt of
such reports.
(2) The 'land- is shown to be neither subject to flooding
nor unsuitable for the proposed use because of hydrological
and/or topographic conditions.
(3) The proposed use will not be detrimental to the
public health, safety, and welfare.
(!�) The proposed use will comply in all respects to the
provisions' of the underlying District or District's within '
which the land is located.
(5) Any dredging, filling, or earth transfer or relocation
shall be expressly limited as a part of any special permit issued
under the provisions of this section.
1
RESOLUTION - FLOOD INSURANCE
Part B
WHEREAS, The Town of Agawam had adopted and is enforcing the Commonwealth
of Massachusetts Board of Standards Building Code; and
.WHEREAS, Section STD-10 of the Commonwealth of Massachusetts Board of
Standards Building Code as adopted by the Town of Agawam prohibits
any person, firm or corporation from erecting, constructing, enlarging,
altering, repairing, improving, moving or demolishing any building.
or structure without first obtaining a separate building permit for each
building or structure from the Building Inspector; and
WHEREAS, The Building Inspector must examine all plans and specifications for
the proposed construction when application is made to him for a
building permit; and
NOW, THEREFORE, BE IT RESOLVED by the Agawam Town Council of the Town
of Agawam as follows:
1. That the Building Inspector for the Town of Agawam when
reviewing applications for building permits, including the
plans and specifications for the proposed construction,
will review all building permit applications to determine
if the proposed construction is consistent with the need to
minimize flood damage.
2. That the Building Inspector shall review all building permit
applications to determine if the site of the proposed con-
struction is reasonably safe from flooding and to make
recommendations for construction in all locations which
have flood hazards.
3. That the Building Inspector in reviewing all applications
for construction in flood hazard locations within the Town
of Agawam shall require that any such proposed construction
must:
(a) Be designed and anchored to prevent the flotation,
collapse or lateral movement of the structure or
portions of the structure due to flooding.
Resolution - Flood Insurance -- Continued - Part B Page 2
R
(b) Use of construction materials and utility equipment
that are resistant to flood damage.
(c) Use of construction methods and practices that will
minimize flood damage.
(d) Provide adequate drainage in order to reduce exposure
to flood hazards.
(e) .Locate public utilities and facilities on the site in
such a manner as to be elevated and constructed to
minimize or eliminate flood damage, such utilities
and facilities including sewer, gas, electrical and
water systems,
4. It is further resolved that the Planning Board in reviewing all
subdivision applications shall make findings of fact and determine if:
(a) All such proposed developments are consistent with the
need to minimize flood damage.
(b) Adequate.drainage. is provided so as to reduce exposure
to flood hazards.
(c) Adequate drainage is provided so as not to increase the
exposure to flood hazards of adjacent lands.
(d) All public utilities and facilities are located, elevated
and constructed so as to minimize or eliminate flood
damage, these utilities and facilities to include sewer,
gas, electrical and water systems.
_,,;T/Dat ` ` Edward A. Caba
Town & Council Clerk
May 29, 1973 I
r I herewith', certify. this to-be' a true copy of the RESOL'['TION
'a's w45, passed a i16'QNATN?1MOUSLY v.b�ed on by the AG*IAM TOWN C01-INC1L
af•• a -,'meeting he on 1,16y 21 , 1973:
ATTEST: Edward A. Cad
;,` Town & Council- Clerk
RESOLUTION - FLOOD INSURANCE
Part A
WHEREAS, certain areas of the Town of Agawam are subject to periodic flooding
and/or mudslides from the streams and Connecticut River causing
serious damages to residential properties within these areas; and— " ,
WHEREAS, relief is available in the form of flood insurance as authorized by. the ,
National Flood Insurance Act of 1968 as amended; and
WHEREAS, it is the intent of the Agawam Town Council to comply with land use
and management criteria regulations as required in said act; and
WHEREAS, it is also the intent of the Agawam Town Council to recognize and
duly evaluate flood and/or mudslide hazards in all official actions
relating to land use in the flood plain and/or mudslide areas having
special flood and/or mudslide hazards; and
WHEREAS, the Code Citation of any State enabling legislation and of any resulting
county, city, town or village ordinance that authorizes the Town of
Agawam to adopt land use and control measures are State Law;
NOW, THEREFORE, BE IT RESOLVED, that the Agawam Town Council hereby
assures the Federal Insurance Administration that it takes the following
legislative action:.
(1) Appoints the Town Manager with the responsibility, authority,
and means to:
(a) Delineate or assist the Administrator, at his request, in
delineating the limits of the areas having special flood
and/or mudslide hazards on available local maps of
sufficient scale to identify the location of building sites.
(b) Provide such information as the Administrator may re
quest concerning present uses and occupancy of the
flood plain and/or mudslide area.
(c) Maintain for public inspection and furnishing upon re-
quest, with respect to each area having special flood
hazards, information on elevations (in relation to mean
sea level) of the lowest floors of all new or substantially
improved structures; and
Resolution - Flood Insurance - Continued - Part A Page 2
(d) Cooperate with Federal, State, and local agencies
and private firms which undertake to study, survey,
map, and identify flood. plain or mudslide areas,
and cooperate with neighboring communities with
respect to management of adjoining flood plain
and/or mudslide areas in order to prevent aggra-
vation of existing hazards.
(e) Submit on the anniversary date of the community's
initial eligibility, an annual report to the Administrator"
on the progress made during the past year within the
community in the development and implementation of
flood plain and/or mudslide area management measures.
(2) Take such other official action as may be reasonably necessary
to carry out the objectives of the program.
BE IT FURTHER RESOLVED, that the Agawam Town Council hereby appoints the
Town Manager with the overall responsibility, authority and means to
implement all commitments made herein.
r // ate -.Edward A. Caba
Town & Council Clerk
May 29$ 1973
I herewith certify this to be a true copy of the RESOLUTION
as was passed- and UNANIMOUSLY voted on by the AGAWAM TOWN COUNCIL
at a eet:thgOi�eld on May 21 , 1973 .
Edward A. Caba
Town & Council Clerk
•� r -,
till h�-y•,� "y_-S:
j;: .:� : i�� TOWN OF AGAWAM
f. 36 MAIN STREET AGAWAM, MASSACHUSETTS;.01001
Tel. 413-786-0400
June 6, 1973
Mr . George K. Bernstein
Federal Insurance Administrator
Department of Housing & Urban Development
Federal Insurance Administration
t Washington, D. C . 20410
Dear Mr . Bernstein : •
I enc Qsed for your information certified copy of
the resolutions concerning flood insurance adopted
by the Town Council of the Town of Agawam .
I trust that these items , as adopted by the Council ,
will complete our application for Federal Flood
Insurance, thereby , making the Town of Agawam eligible
to participate in this program .
Very truly yours,
A9 . �G
James D. Westman
Town Manager
JDW/mr
Encl .
' C�QTER 131, SECTION 40 OF TH ENERAL LAWS
AN ACT RELATING TO THE PROTECTION OF FLOOD PLAINS
Section 40, A person shall not remove, fill or dredge any bank,
flat, marsh, meadow or swamp bordering on any inland waters without
filing written notice of his intention to so remove, fill or dredge,
including such plans as may be necessary to describe such proposed
activity, with the board of selectmen in a town or the mayor of a ci�7
and with the state departments of public works and natural resources.
Such notice shall be sent by registered mail at least thirty days
prior to any such removing, filling, or dredging. The selectmen or
-,tayor, as the case may be, shall hold a public hearing on said proposal
� ithin fourteen days of the receipt of said notice, and shall notify
by mail the person intending to do such removing, filling or dredging,
and the said state departments of the time and place of said hearing.
The selectmen or mayor may recommend such protective measures as may
protect the public interest. The selectmen or mayor, within seven
days thereafter, shall transmit such recommendations to the commission-
er of natural resources, but the failure to do so shall not delay the
issuance of an order by the commissioner. The department of public
works shall determine whether the proposed activity would violate any
provisions of chapter ninety-one and shall take such action as may be
necessary to enforce such provisions , If the area on which the pro-
posed work is to be done is determined by the department of natural
resources to be essential to public or private water supply or to
proper flood control, the department shall by written order signed by
the commissioner impose such conditions as may be necessary to protect
-1yie ,interests described herein, and the work shall be done in accord-
ance therewith. The provisions of this section shall not apply to
areas established by tho water resources commission as flood plain
hones. Land used for agrlcl.iltural purposes shall be exempt from the
provisions of this section. The provisions of this section shall not
apply to any work done under the provisions of clause (36) of
section five of chapter forty, chapter two hundred and fifty-two,
or any special act. The commissioner may, by rule or regulation,
exempt from this section such other use as he may deem not incon-
sistant with the purposes of this section. The superior court shall
have jurisdiction in equity to restrain a continuing violation of
this section.
EFFECTIVE DATE: December 20, 1966
G2AERAL LAWS CHAPTER 131 - SECTION li0
COMPLIANCE INFORkATION SHEET
APPLICATION BY STATUTE
1. Thirty days prior to starting work on project submit :
A. One set of plans and one notice to the Department
of Public Works, 100 Nashua Street, Boston.
B. One set of plans and one notice to the Selectmen
of the Town or the Mayor of the City.
C. Two sets of plans and one notice to the Depart-
ment of Natural Resources, 100 Cambridge Street,
� Boston.
D. PLEASE NOTE: These plans must, by law, be sub-
mitted to all three agencies by REGISTERED OR
CERT IF IED i1A IL.
The exact same information must be submitted
to all agencies.
2. The plans must :
A. Be drawn to scale.
B. Indicate the area/areas of fill, removal or
dredging.
C. Indicate the extent (existing and final elevation)
of filling, removal or dredging.
D. Include a small locus for location purposes. (a cut-
out of the appropriate portion of a U.S. Geological
Survey Sheet is ideal for this purpose. )
3. The notice must:
A. Describe the projject►
B. Be signed b the otianer i� Au Y 07'kR9d &g 'n i
COM1,1ONWEALTH OF KASSACH-iJSETTS
Department of Natural Resources
REGULATIONS
Adopted Under Authority of
CHAPTER 220, ACTS of 1965
By virtue of the authority granted in Chapter 220 in the Acts
of 1965 the following regulations are hereby adopted.
Private Lands
In order to provide an alternative means of compliance with
the statute, proposed uses of areas of land subject to the said
:statute shall be exempt from its provisions upon the following
terms and condidions:
1. The owner, or his authorized agent or attorney, at least
twenty (20) days prior to initiating the proposed work, shall file
by registered mail with the Selectmen or Mayor, the Massachusetts
Department of Public Works, and tie Commissioner of the Massachusetts
Department of Natural Resources a petition containing:
(a) A descriut-ion of the proposed project.
(b) Written evidence of the concurrence of the Planning Board,
Board of Health, and Conservation Commission, if one exists.
(c) An agreement signed by or in behalf of the applicant indicat-
ing acceptance of any terms required by said Boards and Commission.
2. Subject to #3 below, the proposed work may be commenced
upon the expiration of twenty (20) days after the filing of the pet-
ition unless the Commissioner of Natural Resources shall, prior to
the expiration of said time, issue to the applicant, with copies
to the said Boards and Commission, a modifying order which shall be
final and binding upon all the parties.
3. Nothing in these regulations shall interfere with the
authority of the Massachusetts Department of 'Public IVorks under any
General Laws or Special Act,
40' The procedure outlined in this regulation must be strict-
ly observed in order to exempt a proposal and such exemption shall
pertain so long as the proposed work is carried out according to
the terms of the order in effect and within one year of the filing
of the initial petition.
Projects By Public Agencies
Proposed work on areas of land subject to the said statute
shall be exempt from its provisions upon the following terms
and conditions.
1. The agency shall file with the Seloctmen of Mayor, the Depart-
ment df Natural Resources and the Department of Public works a
registered notice of intent at least thirty (30 ) days prior to the
start of the project.
2. The proposed work may commence upon the expiration of said
term unless prior thereto the Commissioner of Natural Resources shall
issue to said agency an order imposing conditions according to
the statute and such wore shall be done in accordance therewith.
September 2, 196� Isl Robert L. Yasi
Date OIvV 5 OI i ER
Department of Natural
Resources
A true copy attest : /s/ John E. Sullivan
Notary Public Ply commission expires : May 1.4
1971
GENR2&L LAWS CHAPTER 131 SLCT I0�0
� __14W,
COMPLIANCE INPORKA`i'ION SHEET
APPLICATION BY REGULATION
(1) Prior to submission to any State Agency the Petitioner must
first submit plans and intention to:
(A) Planning Board
(B) Board of Health
( C) Conservation Commission ( if such exists ) in the town or
city where the project will take place.
(2) Obtain concurrences from both Boards and the Commission
indicated in step #1 (A through C)
Prepare Petition containing:
(A) The concurrences of the three Municipal Agencies.
(B) A statement of agreement to any term or conditions set
by the Agencies in rendering their concurrences.
(C ) A notice of intention describing the project.
(D) The name and signature of the owner of the land or his
authorized agent.
(E) Flans drawn to scale conta ining:
(1 ) Indications of the area (s ) of filling, removing, or
dredging.
(2) Indications of tho extent (existing and final eleva-
tions ) of filling, removing or dredging.
(3) A small locus for location purposes.
(A cut- out of the appropriate portion of a U.S. Geological Survey
sheet is ideal for this purpose. )
(4) File the petition by registered or certified mail 20 days prior
to initiating any work with:
(A) The Selectmen of a town or the Mayor of a city.
(B) The Department of Public ?Forks, Division of Waterways,
100 Nashua Street, Boston, Mass.
(C) The Department of Natural Resources, 100 Cambridge Street
Boston, Mass. with two sets of plans of the proposed project.
COM&WEALTH OF MASSACHUSETTS
DEPARTMENT OF NATURAL RESOURCES
100 CAMBRIDGE STREET
BOSTON, MASSACHUSETTS 02202
OFFICE OF RESOURCE REVIEW
NOTICE OF INTENT
DATE
1. Notice is hereby given in accordance with the provisions of G, L,,
Chapter 131, Section 40, that the undersigned intends to dred;rP .
fill or remove land which falls within the jurisdiction of said
statute.
<� This notice is filed under the statute or regulations_
( Indicate by marking X in proper spacer
f, The proposed work is described in plans and specifications filed
herewith and made part hereof. (File two sets with the Depart-
ment of Natural Resources. )
K,, The estimated completion date is:
The name and addresses of owners are:
NAME ADDRESS
b. The purpose of the project is : (describe in detail)
7. If this notice is filed in accordance with regulations made under
authority of the statute, I attach attested votes of concurrence by
the municipal agencies and a signed agreement of acceptance of terms
and conditions required by said agencies. If filina by statutes
the results of the Public Hearigg must be sent to the Department of
Natural Resources.
8. I will file identical notices with the:
Massachusetts Department of Public Works (date )
100 Nashua Street, Boston
Mayor/Selectmen (date }
g. Subdivision Control Law does/does not apply (circle) . If applic-
able, I have/have not final approval (circle) .
10, Name, Address, Phone Number, of
Attorney
Engineer
efil.no. ner s signature
REGISTERED MAIL ONLY
COMCEALTH OF MASSACHUSETTS •
DEPARTMENT OF NATURAL RESOURCES
100 CAMBRIDGE STREET
BOSTON, MASSACHUSETTS 02202
OFFICE OF RESOURCE REVIEW
NOTICE OF INTENT
DATE
�.. Notice is hereby given in accordance with the provisions of G, T,.,
Chapter 131, Section 409 that the undersigned intends to dred:re. ,
fill or remove land which falls within the jurisdiction of sai�z
statute.
This notice is filed under the statute or regulations--
( Indicate by marking X in proper spacer
The proposed work is described in plans and spacifications filed
herewith and made part hereof. (File two sets with the Depart-
ment of Natural Resources, )
;. , The estimated completion date is:
�* The name and addresses of owners are:
NAME ADDRESS
6. The purpose of the project is: (describe in detail)
7. If this notice is filed in accordance with regulations made under
authority of the statute, I attach attested votes of concurrence by
the municipal agencies and a signed agreement of acceptance of terms
and conditions required by said agencies. If filing b statute
the results of the Public Hearing _m-ust be sent to the Department of
Natural Resources.
8. I will file identical notices with the:
Massachusetts Department of Public Works (date )
100 Nashua Street, Boston
Mayor/Selectmen (date )
9. Subdivision Control Law does/does not apply (circle ) , If applic-
able, I have/have not final approval (circle).
10. Name, Address, Phone Number, of
Attorney
Engineer
Tel, noe ner s signature
REGISTERED MAIL ONLY
CO "WEALTH OF MASSACEUSETTS .
DEPAR 91ENT OF NATURAL RESOURCES
100 CAMBRIDGE STREET
BOSTONO MASSACIUSETTS 02202
OFFICE OF RESOURCE REVIEW
NOTICE OF INTENT
DATE
'_ . Notice is hereby given in accordance with the provisions of G, L,,
Chapter 131, Section 40, that the undersigned intends to dredLrF ,
fill or remove land which falls within the jurisdiction of saiO
statute.
r , This notice is filed under the statute or regulations
( Indicate by marking X in proper spacer_
The proposed work is described in plans and spacif ications filed
herewith and made part hereof. (File two sets with the Depart-
ment of Natural Resources. )
i,. The estimated completion date is:
�. The name and addresses of owners are:
NAME ADDRESS
b. The purpose of the project is : (describe in detail)
7. If this notice is filed in accordance with regulations made under
authority of the statute, I attach attested votes of concurrence by
the municipal agencies and a signed agreement of acceptance of terms
and conditions required by said agencies. If filing by statute,
the results of the Public Heari must be sent to the Department of
Natural Resources,
8. I will file identical notices with the:
Massachusetts Department of Public Works (date )
100 Nashua Street, Boston
Mayor/Selectmen (date }
g. Subdivision Control Law does/does not apply (circle ) . If applic-
able, I have/have not final approval (circle) .
10. Name, Address, Phone Number, of
Attorney
Engineer
Tel. no. Owners signature
REGISTERED MAIL ONLY
COl IWEALTH OF MASSACEJSETTS •
DEPAR i NT OF NATURAL RESOURCES
100 CAMBRIDGE STREET'
BOSTON, MASSACHUSETTS 02202
OFFICE OF RESOURCE REVIEW
NOTICE OF INTENT
DATE
1. Notice is hereby given in accordance with the provisions of G., T,.,
Chapter 131, Section 40, that the undersigned intends to dred e_
fall or remove land which falls within the jurisdiction of said
statute.
t, This notice is filed under the statute or regulations
; Indicate by marking X in proper spacej_
The proposed work is described in plans and spacifications filed
herewith and made part hereof. (File two scats with the Depart-
ment of Natural Resources. )
The estimated completion date is:
�. The name and addresses of owners are :
NAME ADDRESS
6. The purpose of the project is : (describe in detail)
7. If this notice is filed in accordance with regulations made under
authority of the statute, I attach attested votes of concurrence by
the municipal agencies and a signed agreement of acceptance of terms
and conditions required by said agencies. If filing by statute
the results of the Public_ Hearing must be sent to the Department of
Natural Resources.
8. I will file identical notices with the:
Massachusetts Department of Public Works (date )
100 Nashua Street, Boston
Mayor/Selectmen (date )
9. Subdivision Control Law does/does not apply (circle ) . If applic-
able, I have/have not final approval (circle) .
10. Name, Address, Phone Number, of
Attorney
Engineer
Tel. no. owner's signature
REGISTERED MAIL ONLY