FLOOD PLAINS DUPLICATE FILE �'� �.a.�.. �
FA
TOWN OF AGAWAM
01% 36 MAIN S'1'RLl:'1` AGAWAM, MASSACHUSETTS 01001
Tel. 413-786-0400
ATEO
Planning Board Certified Mail #762379
January 19, 1978
Registry of Deeds
50 State Street
Springfield, Mass.
Gentlemen:
At a duly called meeting of the Agawam Planning Board held on
Thursday, January 5 , 1978, the Board voted 4-0 to amend the
Rules and Regulations of the Board by adopting the enclosed
docu%gnt.
LL- Very truly yours,
-. AGAWAM PLANNING BOARD
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.C� e
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TOWN OF AGAWAM
I herewith certify that from records in my custody as Town Clerk,
that the above named and signatures are those of the members of
the Agawam Planning Board.
ATTEST:
L
`7
Edward A. Caba
Town Clerk
*WN OF AGAWAM*
INTER -OFFICE MEMORANDUM
FROM: John P. Stone, Town Engineer DATE. January 6, 1978
Revision of Flood
TO: Edward A. Caba, Town Manager, Planning Board SUBJECT: Plain Ordinance
Enclosed is a redraft of the yroposed Flood Plain Ordinance incorporating
the amendments requested by HUD and approved by the Planning Board at their
meeting on January 5, 1978.
These revisions involve an addition to the first paragraph of Sec. 20-64
indicating that the requirements of Section 20-,66.7 (f) must be met and a
revision of the existing definition of "substantial improvement" changing
from 25% of assessed value to 50% of market value.
May I remind you that certified copies of the adopted ordinance must be
in the hands of HUD by February 1, in order for the Town to meet the
requirements of the Federal Flood Insurance Program.
John P. Stone, Town Engineer
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AKENDMENTS TO SUBDIVISION RULES & REGULATIONS
TO BE ADDED TO PREAMBLE-END OF 2nd PARAGRAPH
The purpose of these rules and regulations is to assure that subdivision
proposals and proposals for other developments, including their utilities
and drainage are located and designed to be consistent with the need to
minimize flood damage.
TO REPLACE RULE !/1
1. The finish grade of land at all aides of any residential building shall be
,get at an elevation above the base flood level as determined by the Planning
Hoard from the Flood Insurance Study.
TO REPLACE RULE #2
2. Within that portion of the flood plain zone located in the floodway fringe
the total area may not be removed from the flood plain storage or be graded
in such a way 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.
W$tbin the floodway, no filling or ivgrading may be done.
TO REPLACE RULE #5
5. All plans and proposals reviewed by this Hoard which lie in the Flood Plain
Zone shall so be stamped or legally noted with the base flood elevation
Indicated 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", Site Plans, as well as Form B/a "Subdivision Control@-,
preliminary and definitive plans.
-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 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.
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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.
Sec. 20-62 Purposes
The 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 or
may be caused by their own 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 runoff;
to assure retention of sufficient floodway area to convey flows which can
reasonably be expected to occur.
Sec. 20-63 Location of Flood Plain
All land delineatedon Me map consisting of two pages entitled "Flood
Insurance Rate Map, Town of Agawam, Massachusetts, Hampden County, Effective
February 1, 1978", as zone A-11, zone A-13, zone A-16, zone A, zone A-2, and
zone B be included in the flood plain zone. This map is part of the Flood
Insurance Study made for the Town of Agawam by the U. S. Dept. of Housing and
Urban Development, Federal Insurance Administration. This Flood Insurance Study,
dated February 1, 1978, with its accompanying Flood Insurance Rate Maps and
Flood Boundary and Floodway Maps and any revision thereto are hereby adopted
by reference and declared to be a part of this ordinance. In general terms
the Flood Plain Zone is that land adjacent to the Westfield River, Connecticut
River and its tributaries and Still Brook which lie at or below the elevation
of the base flood (100 year flood) as determined in the Flood Insurance Study.
The Flood Plain Zone shall be considered to be superimposed over other zones
shown on the zoning map, as a recognition of the special hazards which exist
in such areas.
In Zone A areas where base flood elevation data is not provided by the
Flood Insurance Study other available data from Federal, State, or other sources
shall be utilized as a basis of determining the base flood level for purposes of
enforcing the provision of this ordinance.
Sec. 20-64 Permitted uses
In those portions of the Town so designated in paragraph 20-63 the following
uses of land shall be permitted provided all necessary State and/or Federal Permits
are obtained and the requirements of Sec. 20-66.7(f) are met:
(1) Conservation of water, plants and wild life,
(2) Legally permitted outdoor recreation not requiring development 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.
(4) Dwellings lawfully existing prior to the adoption of these provisions,
however no building permits for substantial improvements or extensions shill be
granted unless a Special Permit is granted by the Hoard of Appeals.
(5) Proper operation and maintenance of dams and other water control devices.
(6) Construction and maintenance of highways, streets, sidewalks, sewers,
water mains, storm drains, utilities and related facilities by governmental
agencies providing that the water and sewer systems and utilities be designed and
constructed to minimize flood damage and to minimize or eliminate infiltration of
flood water into the systems and discharges from the systems into flood waters.
Sec. 20-62 Purposes* y �
The 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 or
may be caused by their own 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 runoff;
to assure retention of sufficient floodway area to convey flows which can
reasonably be expected to occur.
Sec. 20-63 Location of Flood Plain
All land delineatedon the map consisting of two pages entitled "Flood
Insurance Rate Map, Town of Agawam, Massachusetts, Hampden County, Effective
February 1, 197811, as zone A-11, zone A-13, zone A-16, zone A, zone A-2, and
zone B be included in the flood plain zone. This map is part of the Flood
Insurance Study made for the Town of Agawam by the U. S. Dept. of Housing and
Urban Development, Federal Insurance Administration. This Flood Insurance Study,
dated February 1, 1978, with its accompanying Flood Insurance Rate Maps and
Flood Boundary and Floodway Maps and any revision thereto are hereby adopted
by reference and declared to be a part of this ordinance. In general terms
the Flood Plain Zone is that land adjacent to the Westfield River, Connecticut
River and its tributaries and Still Brook which lie at or below the elevation
of the base flood (100 year flood) as determined in the Flood Insurance Study.
The Flood Plain Zone shall be considered to be superimposed over other zones
shown on the zoning map, as a recognition of the special hazards which exist
in such areas.
In Zone A areas where base flood elevation data is not provided by the
Flood Insurance Study other available data from Federal, State, or other sources
shall be utilized as a basis of determining the base flood level for purposes of
enforcing the provision of this ordinance.
Sec. 20-64 Permitted uses
In those po—r-t-ro-n—s—`37 the Town so designated in paragraph 20-63 the following
uses of land shall be permitted provided all necessary State and/or Federal Permits
are obtained and the requirements of Sec. 20-66.7(f) are met:
(1) Conservation of water, plants and wild life.
(2) Legally permitted outdoor recreation not requiring development 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.
(4) Dwellings lawfully existing prior to the adoption of these provisions,
however no building permits for substantial improvements or 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) Construction and maintenance of highways, streets, sidewalks, sewers,
water mains, storm drains, utilities and related facilities by governmental
agencies providing that the water and sewer systems and utilities be designed and
constructed to minimize flood damage and to minimize or eliminate infiltration of
flood water into the systems and discharges from the systems into flood waters.
Sol
Add to
D rINITIONS
Flood - a temporary rise in stream flow that results in water
topping its banks and inundating areas adjacent to the
channel or flood plain.
- Flood Plain - the-land adjacent to a body of.water-which has been
or.nay be hereafter, covered by floors water.,
FlocgEa - 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 flows of any river or
stream. 4..%.w
Flood Fringe - the area of the flocd plain outside of the fl-oodway
where water may stand briefly at the height of a flood, but
does not move with significant current.
Ordinary High Water Mark - the highest-point on- the bank of a fload--ay
or fl000d plain at which the water level has been for a suffi-
cientperiod of time to leave a.definite mark.
Storage Capacity of a Flood Plain - the volune- of space above an area
of•flood plain land tha-t can be occupied by flood water of a
giver. stage at a given time, regardless of whether the water.
is moving.
Ft;ovant %La.terial -- A material which displaces an amount of water ecual'
to .;is weight; capable of floating.
"Substantial Inmurovement 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 structure has been damaged and is being restored, before the damage
occurred. - Substantial improvement is started when the first alteration of any
structural part of the building commences."
(Not-a-: .' The numbering of the sections is assumed for purposes of study. The actual.
P_cimbering• will be accompl*d by-Town Counsel upon action* the Council).
PROPOSEDz:�.MENDNENT
to the
Zoning Ordinances of the Town of Agawam
To Provide For
Regulation of the Flood Plain
20-62 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.-
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 or may be caused by their own 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 Mass. Flood Insurance
and Flood Hazard Map" being part of the Flood Plain Submission to HUD
dated December 22, 1971 , 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 below the level of the elevation of
the 100 year flood as determined by the Federal Insurance Administrator.
The flood plain zone shall be considered to ba superimposed over the other
zcnes shown on the zoning map, as a recognition of the special hazards
which exist in such areas. '
20-6[L PERMITTED USES
In these pi.ctions of the Torn so designated in paragraph 20-63 the
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the following uses of land shall be permitted; }
1 . Conservation of water, plants and wild life. '
2. Legally permitted outdoor recreation not recuiring 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.
4. Dwellings lawfully existing prior to the-adoption of these
substantial.
provisions, however, no building pewits for/alierations or ,
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 our-
poses of this zone, said determination to he made bar the Board
of Appeals following petition of the Lantbwner.,: 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, .ete. 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 development of structures for
residence use. sonln if the lowest floor {including
Aerrt) is elevated to or above level of the 100 year
r . 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.
. r 2!J-65 PROHIBITED-USES
In those portions of the Town so specified in Section 20-63 as
Flood Plain, the following uses of land shall be prohibited:
1 . Erection, construction or other creation or installation of
.any building, dam or other. structure.
2. The bulk storage_of bouyant, flammable, explosive br toxic ` rf
materials.
3. The addition, removal, or transfer of such quantities of mater-
ial, including trees, shrubs, and ground cover, that t►ould re-
duce the water storage capacity of the flood plain, obstruct the
flow of flood waters in a floodway, or otherwise adversely affect
the natural hydrology of the area.
4. The digging or drilling of a well intended as a source of dam-,
estic waters
5. The installation of septic tank or leaching fields,..
20- 66 FOARD OF APPEALS - SPFCIAL PERMITS
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 By-
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 acid erection of a building or structure for- any pur-
purpose permitted in the underlying district subject to reasonable
conditions and safeguards.
2. The application for a special permit shall include a plan 'prepared ;
and certified by a professional engineer of land surveyor, registered
in the Ccmmonwealth%of Massachusetts. This plan will show all proposed . _
and existing buildings, structures, roads.,-.ways., drainage• facilities;
and landscape features Un' cluding•wetlands, trees, and the like) and ` +
other engineering and hydrological data the Board finds necessary: .:The
plan will show all existing and proposed finished ground contours.'at
two foot intervals.
3. The application for a:.Specialipermit-shall also 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.
�+. 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. r_ecpssary 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 Appeals shall, within -
seven days forward one copy of each to the Building Inspector, Planning
Board, board of Health, and Conservation Commission. These agencies may- file
Written recommendations with the Board of Appeals within thitty days of
receipt of notification.. The Board of Appeals shall not grant approval
of an application for a,3pecial Permit until these recommendations have
5.
been received or until expiration of the said thirty 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
necessary to protect health and safety of the occupants and the
public or provide proper flood control.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 the land shall rest upon the developer, who shall provide such s
additional engineering and hydrological data as the Board of Appeals
deems necessary. The Board shall, as a.condition of approval, require
that effective notice be given to prospective purchasers or existing .
landowners by signs, notation on plans and permits, 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: t
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 improvements of non-residential
structures intended for human occupancy or employment, excluding
S'
w j
open walled shelters for temporary use by outdoor recreationists,
within the flood plain zone will 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, be flood-
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C CO �
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
r
flood waters, and on-site waste disposal systemsshall be
located so as to, avoid impairment=of them or contamination frcm`,$L s -
-
them during flooding. '
4. That no use or structure shall be. located in the designated'
floodway,which would raise the :level. of the ,.100 year- flood more•
than 1 foot at any point.
INo fill or encroachments within the designated floodway shall •
be permitted that would impair its ability to carry and dis-
charge the waters resulting from the 100 year flood, except
where the effect on flood heights is fully offset by stream
improvements.
Any existing nonconforming uses or structures in the designated
' floodway shall not bekexcpaaded, b may be modified, altered, -
repaired, or reconstructed, subject to' regulations pertaining
to nonconforming uses, to incorporate,floodproofing measures, •
provided'such measures or such modification, alteration; 'rerair,
or reconstruction do not raise- the level of the-.100- year flood
any point. ..... .._... . = :
_ tt -S. - le,.t .K.- Ali + j•:
- .. _ ' •tie :._ - ° _ 'rt . p,Xy.-..�...- - j'`• __ -._... `.... -..^!R.0.
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7, i
20-67 General Stipulations
1 . A subdivision, filed with the Planning Board under Chapter 41 of the
General Laws of Massachusetts shall meet:-the Rules and Regulations of
the Planning Board as they apply to Flood Plain management. The
subdivision as approved by the Planning Board may be considered a
single application when submitted itc 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.Nothzng contained in' this ordinance shall lirAit the authority of the f
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.
3.A building permit issued by the Building Inspector before the
effective date of this ordinance shall be deemed, to be a permit
hereunder.
k.Any plans or applications subnitted 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.11
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 :chs'ckecl and 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 a;
land surveyor. All costs incurred under this section' shall be borne by
the applicant.
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20-68 PERFOEMAIIN10E GUANUITEE
The completion of all earth work not bonded or covenanted Under Chapter 41
of the General. Laws 6f Massachusetts shall be gt:aranteed with the Town of
Agawam By securities or bond as required by the Town prior to corLmencement
of any earth work.
20-69 5EVEIRABILITY
The invalidity of any section. or provision of- this Ordinance shall not .
-invalidate any other section or provision hereof.
FOR,.REFERENCE jo NO OOPIES TO DE MADE
A1?TIC1.E X - Flood Plain Zone
20-62 Purpose
The purpose of the Flood Plain Zone is to ensure that development on ]and
within the district will not 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 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
Floodffazard Map" being part of the Flood Plain Submission to HUD dated December 22,
1971 , 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 below elevation 60.0 above mean sea level.
20-64 Uses '
Fri'a tlood Plain zone, -no new buildinE 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,?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 customaril7 conducted as a
' r busine.ss); and buildings and sheds accessory to any of the above uses, as long
as such use is. permitted in the ureerlying district in which the land is classi-
fied, bu.t no dimping, filling, or earth transfer or relocation operation a-cept
for utility trenches,. driveways, landscaping, accpssory building foundation, cr
public facilities enumerated above.
V. Dwellings• lawfully existing, prior to -the adoption of these provisions, but
C, 0
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 ,thee underlying zoning district shall govern.
There shall 6e no filling within the flood way of. any river or stream,.3.ncludedM„ . .
.- in or boujidinR tjiis•zone,. ;
20-65 Board of Appeals -- Permit s
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: (1 ) the location, boundaries and-dimensions of the lot and
easements; (2) existing and proposed structures-,
.(3) watercourses and drainage
easements-, (4) fill, weans 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 location of impervious material and .such. . :'.•
percolation tests as -,fare deemed necessary by Board of Health or Beard of
Appeals. Copies of the application shall be delivered by the applicant to
the following officials: the -Board of health, the-BuildinF Inspector, the
Planning Board, and the Conservation Commission. These officials shall ad-
vise the Board of Appeals. No bull ing, permit shall be issued and no filling
shall take place until the Board has issued a pemit under this section or
sixty days has elapsed after the receipt of the application without action
thereon.
b. The Board shall 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 pu; 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 shah provide such engineerirv- 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:
•. ..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. a-i 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 land delineated in the application. Said pap 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 constructioa,use and "or change of grade
will .not obstruct or divert flood flow, substantially reduce natural flood-
water storage capacity, or inn-rease storm water, run off velocity so that water
levels on,other land are substantially raised- or dangerfrom flooding increased.
(k) That safe means of vehicular and pedestrian escape are provided in the
event of flooding. (5)That tha proposed methods of drainage and sewage dis-
posal will not cause pollutior, or endanger health, in the event of flooding.
No septic tanks and leach fields shall be permitted.
f. 4
d. A subdivision/filed with the =Iz:-In in Board under Chapter 41 of the
General Laws of Massachusetts shall meet the Rules and Regulations of.- the
Board as they apply to Flood Dlaii management. .The subdivision as approved
by the Planning Board shall be considered a single application when submitted
to.',the Board of Appeals under this Ordinance. ` he action of the Planning
- Board shall in no way Urait the Ord of Appeals in their decision and setting
of conditions.
e. Nothing contained in this section shall limit the authority of the
r 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.
� : 'I '• � . . _.k '`,--- . - -- - - . : : .--, _. .- -�•- •- r' � ^ -
g. -Any land in the flood plain district which shall be proven t o 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.
• 5
20-66 Enforcement
Because of the critical nature of elevations in the flood plai3n, ' no
new construction, alteration, 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 nigher. 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 .
r
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.
Q
- TOWN OF AGAWAM
36 MAIN STREET AGAWAM, MASSACHUSETTS 01001
���RATED r��y Tel. 413-786-0400
i
June 6, 1974
�AeS..a. �-T -_ ry...�, ..-..0—�- -.r._e w;a.:� J -•-"i-�^".-n-;7� •u' --��_--"a.'•'.. ...«t�.-w..-...�•-�..
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 subraits
their final recommendation for an Ordinance to control development
of the flood plain:
Very truly yours, _ • _.
AGAWAM PLANNING BOARD .. ., •- . . - .... ..- - . , - :. •:,
_ ._ . . . .. -. . - _ . '\-� �'�L:C_t.- ��f...F-ram-• . • •
G/1
cc tLr. "Westman
f
Add to
DF,FINITICNS
8
Flood - a tempom-7 rise in strewn flow that results in water-
topping its banks and intmdating areas adjacent to the
channel or flood plain. - - y
Flood Pizid i - the lard adjacent to a body of water which has been
or may be hereafter co7ersd by flood water.
F'I�od�,:av - -he cha=.-1 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..flows.of any river_.cr:_ : .. ..
_. ..-strew. ." - - - - -• - .::- .-_-----� _:._.. ='_. .r•_ _- = .+- -- :}�e;;::-��.
Flood Frinze the area of the flobd plain outside of the flood-way `
where water may stand briefly at the"height of a flood, but
• _•cues'not move with significant current
Qrdirar7 Hizh Water Hark --the'highest..point on the-bank 'of. a fl.00di ay
or flood plain at which the water level has been for
..
:• -cienr period of time to leave-a definite mark.-.
Stv--a--e Cam-acst7- of a Flood Plain -= the volt& of space above.an area .-
of f mod plain land that can be occupied by,flood water."of a
given stage at a given time, regardless of whether,the water _ea
1
(Note: The nuntering of the sections is assumed for purposes of study. - The actual
numbering will be accomplishIfy Town Counsel upon action bp�,he Council.)
FROPOSEO X-E!M SENT
to the
Zoning Ordinances of the Town of Agawam
To Provide For
Regulatiom of the. Flood..Plain ..r - '= - -
nn
2042
The Flood Plain Zone and the regulations herein lave been:established
Gin the following"purposes;
To protect and preserve•the water courses and their ad joining flood
plain1to reduce the hazards of floods upon the public health, safety .
and general welfare; to.protect flood pl.a-in, occupants:f ran-a f.laod.. _
that is or may be caused by their cwn land use and that is or may be
undertaken without full railization 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,:
Ito absorb, transmit 'and' stare 'run-offt.. to
assure retention of sufficient flood::ay area to convey flows which can
reasonably!bg expected to occur.
20-63 110CA'TIC*i OF FLXD PLAIN
All land delineated on map entitled "Torn of Agawam Mass. FEE A. Flood
TnZaTance, and F'_ood hazard loundar7 Map" designated by-HUD, shall be
eluded in the Flood Plain Zone. These areas are described in Feneral
terms as that land ►adjacent to the Westfield Ad Connecticut Rivers which
lie- at or below the level of the elevaticn of. the 100 year flood -as
The flood plain zone shall he considered
determined by the Federal Insurance Ad niristratordto be superkposed
over the other zones shorn on the zoning map, as a recognition of the
l
special hazards which exist in such areas, _
20-64 PER"fITTEI} LT5E5 - -. .. __.� _ ..--_ .. . .._._ _. ._. :. . --- •• _ - -[---._... •---- ---_
T'1
2
the foLla�ring uses of Land shall be Dermittyd;
1 . Conservation of ;cater, plants and wild life.
s 2. Legally permitted outdoor recreation not requiring develop—
ment or landscape alteration in conflict with the purpose of p 3. Grazing, forestry and other fauns or agriculture consistent with
the purposes of the zone.
.1:. Dwellings lawfully existing prior to the adoption of these
provisions, however, no building permits for alterations or .
extensions shall be granted unless a Special Permit is- granted,
1 Y by the Heard- of Appeals.
5. Proper operation and maintenance of dams and other water control
devices.
b. The following uses if determined to be consistent" with the pur—
poses of this zone, said determination to he made b., the Hoard
of Appeals following petition of the Land owner or owners: '
a. Developed-recreation' facilities.
b. Utility lines and facilities.
C. Daml 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, agricultu al, ,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 development of structures for
residence use only if the lowest floor (including
3
bz&ert) is elevated to.or move • level. of the 100 yr�ar
, flood, the structures for non-residence- Use shall have the
A .lowest::flow=incic:d'=a••basement. elevat.ioa- to or~above• the: .
' Xe�l of"the�100. 3 r`f'rood- or-the" structure,tad ether Nl tYr
the attending utility and sanitary facilities is flood-
proofed up to the l e rel of the_100 year flood.
P!�C'r'IBITE€� USES '.
Iri-those 'Cqr ors ofu k.�eET-"wf sq-bF •, � t in...�e
-- - ram
- - ' Flood Plain- the following uses of.. land shall-be-prohibited: , r.
_ -
1 . Erection, construction or other creation or installation of
any building, dam or other structure.
2. The storage of bouyant, f linable, explosive or toxic materials.
,The addition, removal, or transfer, of such cuantitiea�of. safer- :u =
i.al, 'ihc1Wino trees, shru-s, and mound cover, that would re-
duce the water storage capacity of the flood plain, obstruct the
flo,+ of flocd waters in a flccdwa7, or otherwise adversely affect .-
- the natural hydrology of the area.
4; The digging or drilling: of a well .irtendGd as .a -source of..dau--- -
estic vat_ er::._
5. .The installation ate.septic,tam,ar,Lactriag•field zi _ - M _. r
20-05 zC-03 Cr APPEALS - SPS'CIAL PERM1 S
1 . If any land in the Flood Plain District is •found by the Board
of ADreals not in fact to to subject to seasonal or periodic
' t '
flooding or unsuitable because of drainage conditions , and if
the proposed action is consistent vd.th the purpose of this E,y•-
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 ark erection cf a building or structure for an,, pur-
1 4
pose permitted in-the u derlginc district subject to reasonable
conditions and sajegnards. -
2. The application for a special permit shall include a plan pre-
pared and certified by a registered professional engineer or a
land surveyor registered in the Commonwealth of Massacrusetts
- - TYiis pL:n frill show"all- proposed"ark-="szistzng .buildings, str�xcturea =`..
roads, ways, drainage,facilities, and 'landscape features (inchding
wetlands, trees, and the like) and other engineering and hydrological
data the Board finds necessary. The plan will show all existing and
proposed finished ground contours at 2- foot intervals. '
3. - the appJlcation for an_exception shall also, inc2uda_ an_environ-
_,.._..-._ .• ` »-: .-.... a ._. _ .. —. i �7-. ._ ::y'_ 0
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, +
4. The Board of Appeals may waive the 'requirements of paragraph 3 if
it determines that the probable impact upon the physical environn , y '
heproFa� s .o'Ee m 1 d"
FS' t sed lz B is inima an
1 environmental impact statement is not neces-
sar7 to its consideration of the application. _
5. The applicant shall provide the Board with an original and 7
copfes of the request and of any plan aid/or environmental
Opact statement required under paragraphs 2, 3 above, 'The
Ward of Appeals will promptly forward one copy of each to the
MOW Aspector, Planning Board, Board of Health, and Conser-
vation Commission. These agencies may file written recommendations
with the Board of Appeals within 30 days. The Board of Appeals
shall not grant approval of an anplication for an exception
until these reecr-meradations 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
pub Lc, 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 provide proper flood con-
trol or protection, or it may deny the application. The burden of
shoring 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 approval, re4vire that p FFRnti vn nnt.•i ee .. •".
be given to prospective purchasers or existing landowners or by signs
rotation on plans and permits or otherwise, of past flooding of said
promises, and the steps undertaken by the petitionar 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 n" 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 improvements of non-residential
structures intended for human occupancy or employment, excluding
open--,called shelters for temporary use by outdoor recreationists,
within the flood plain zone will have the lowest floor (including
basamert) elevated to or above the level of the 100 year flood or;'
together with attendant. utility and sanitary faMlities, b¢ flood-
:
�. _ proofed up to the level of the 100 year flood.
3. That ne•A or*replacement water supply syste-asp 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 systemsand discharges from the .systems inta:-'`'. -
' flood waters, and on-site waste disposal systems •shall be
located so as to avoid impairment of them or contamination from
them during flooding,
1.. That no use or structure shall be located in the desiRnated
floodway which would raise the level of the 100 year flood More
than 1 foot at any point.
No fill or encroachments within the designated fl.00dway shall
be permitted that would impair its ability to carry and dis
charge the waters resulting from the 100 year flood, except
where the effect on flood heights is fully offset by stream..
imp ro vements.
- Any existinz nonconforming uses or structures in the designated
floodway.shall not be expa"ndad but may be modified, altered,
repai�~ed, or reconstructed, subject to regulations pertaining
to nonconforming uses, to incorporate floodproofing measures,
provided such measizres or such modification, alteration, rera,ir,
or reconstruction do not raise the lever of the 100 year flood at
any point.
3. A subdivision, filed with the Planning Board under Chapter hl of
the General Lars of Massachusetts shall meet the Piles and Regu-
lations of the &:ard as they as^1_f to Flood Plain managemfsnt.
The. subdivisicn as approved by the Pl�nai.ng Board may be consid-
y ( Bred a s applicaiiaa when stioitt8d toe Board of Appeals
under this Ordinance. Gibe action of the Funning Board shall in '
no way limit the Board of Appeals in their decision and setting of
conditions.)
b. R-othing contained in this section shall bait the authority of
the Board of Bealth with respect to premises in the Flood. Plain
zone or affect the ap +Lcability of the building code to any
bui3dLice in. the Flood_P]a zone.-
7. A building perrat i.ssced by the Building Inspector before the
effective date of this section shall be deemd to be a -permit.
No'new construction, alteration, or extension of structures for hunan
occupancy as .permitted under Section 20-65 shall he allowed beyond the-
foundation stage, until the elevation of lowest floor (including base-
ment) has been checked and c er-tif ied 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 arr3•-certified
in writing as being' according to the approved plans. . Inspection and
certification shall be made by a registered -professional engineer or
" • I.ar-c: -Burvega:: All costs. in tired-order this section shall be borne.by-.,':-,
the a .. .--rf
_ ,-... _ - • . .. ,'�,'� .-T _•�t,~� is-�.��. .� .�}� �,�.
,
hey ti= of all earth Work not boomed or covenanted u der Chapter 10
of t- Genera? I-ds of 'Massachusetts shall be guaranteed with the Town of
Agawam by securities or bond as required by the Town prior to commencement :
of any earth -work.
The invalidity of any section or ::ro7isi on of this Ordinance' shalom= note
invalidate- anyother section or pro*risi on hereof. - . .;
AGAWAM
Proposed Zoning._PyrLaw Arne .d.mon4
SECTION 16--A. S RCIAL PROVISIOAS - FLOOD
D.i.S` R i CT
(a) PURPOSES., The purposes of the Flood Plains,
Wetlands Districts arc:
(1) To prcvide that lands in the Fawn of Agawam
sup:,je& to season al or periodic flooling as delimited
hero=n,after shall not be used for residence or other
purposes in such a manner as to endanger the health or
safety cf the oecu pacts th. roof.
(2) To protect, preserve, and maintain the water t2bla
and water recharge areas within the Town so as to prooerve
p eeert and potential water supply for the public health aad
safety of the Town of Agawam.
(3) To assure the continuation of the natural flow
pattern of the ;cater ccur ea within the Town of Agawam in
order to provide adequate and safe floodwater s tava.ga capacity
to protect persons and property against the hazards of flood
inundation,
(b) DISTRICT DE'C.IMITATION. The Flood Plains/Wetlands
Districts are defined as all areas delimited as F lood/Plains
Districts cn the Ficrd Plains/Wetlaods 'Zoning Map, made a part
of this Bo Law,
The Flood liaias/Wetlands Districts shalt be considered
as overlying other zoning districts, Any uses permitted in
the portions of the gather zoning distpic is so cvor:; nin shall
be permitted subject to all the provisions of this section.
(c) PERMITTED USES.
(1) In any Flood Plains/Wetlands District, as indicated
on the Flood Plains/Wetlands Zoning :dap, no building or
structure shall be Erected, constructed, altered, en?argod,
or moved; and no dumt;l.ng, filling, or earth transfer or
relocation shall be permitted, and no land, building, or
structure shall be used or occupied for any purpose 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, n- ture study,
and boating. Foot, bicycle, and horse paths and bridges are
permitted if th4to not affect the natura10ow pattern of
any waterway.
(d) Non-commercial signs as permitted it. talc; Residence
A-1 Districts.
(e ) Grazing and farming, including truck ga.;°dening and
harvesting of crops.
(f ) Forestry and Nurseries.
(g) Any of the follpwing uses if a special 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 similar 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 includin, any enlarg.oment and/or
extension thereof where addit`z_onal filling into the flood plains
or wetlands area is necessary to complete the project.
(2) The portion of any lot within the area delimited by
Section lb-A (b) above may b=., used to meet tho area and yard
requirements for the District or Districts in which the romainder
of the lot is situated, provided that portion does not exceed
twenty-five percent of tho minimum lot area.
(d) BOARD OF RPPE.��S. In the Flood Plains/Wetlands
Districts, the Board of Al.peals may grant a special permit
for any use and/or structure, subject to the following:
(1 ) The request has boon referred to the Planning Board,
the Conservation Commission, and tho Board of Health, and
roported upon favorably by all those boards, or thirty days
shall have elapsed following such referral without receipt of
such reports.
(2) The land is shown to be neither subject to flooding
nor unsuitable for the proposed use bocause of hydrological
and/or topographic conditions.
(3) The proposed use will not be detrimental to the
public health, safety, and welfare.
(4) The proposed use will comply in all respects to the
provisions of the underlying District or Districts 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.
C�N
January 10, 1974
Mr. Edward Cabs
Council Clerk
Agawam.. Mass.. -
P,e: Flood. Plain Ordinance. 41037
Dear Mr. Caba: ;
At a duly called meeting of the P3annin board on Tuesday, January 8, 1974,
the 8oarc, moved to send to the Council the attached draft of a "Flood Plain Y
Ordinance" to be incorporated into Section 20 of the Town Ordinances.
Zoning• .,
=:
£eeduse of the critical nature of develotment in that area we petition
the Council to move as soon as possible on this matter.
Very truly yours,
(Mrs.) Natalie C.!.George
Chairman
9 1 - :a-` jy`r.
• 2 T I POWERSA:�D PURP05ES
St oss1, 2, 3, 5, oA, 7A, 10AiD11
SE:mox 1. This chapter shall be'knov;-d and may be cited as "The Zoning Enabling Act'.
• ;Szcrto.r 2. For the purpose of promoting the health, safety, convenience, morals or welfare of its inhab• �, t
itants, any city, except Boston, and any tovrn, may by a zoning ordinance or by-law regulate and restrict
lthe height' number of stories, and size of buildings and structures, the size and tividth of lots, the per-
centage of lot that may be occupied, the size of yards, courts and other open spaces, the density of popula.
tion, and the location and use of•buildingj, structures and land for trade, indus!Z , agriculture, residence_ _
or other purposes: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 relio ous,sentarian,
denominational or public shall be valid; and provided, furiher, 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
-•floor area of the living space of a single-family residential building to be greater than seven hundred and
sixty-eight square feet.
For an 'or all of such u osfls a zoning ordinance or b law ma - divide the munici all into districts of
such numb er shy and area as may be deemed best suited to carry out the urposes of this chapter, and
within such districts it ma regulate and restrict the erection, construction, reconstruction, alteration,or
--use of buildings, and structures, or u_e of land, and may prohibit no�ious trades within the municipality =
or any specified part thereof. All suc M-97F Ions and.restrictions shall be uniform for each class or kind
of building,'structures or land, and for each class or kind of use, e-o hout th district, but the regula-
tions and restrictions in one district 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 samts for zones, district; or streets having substantially the same character. A zoningi
ordinance or by-law may Rrovide that lands'deemed subject to seasonal or periodic flooding shall not be
used for residence or other purposes in such a manr er as to endanger the health or safety of the occupants
thereof. f
Chapter ." A Section 4, provides for exceptions to the regulations -and restr-
ictions contained in the ordinance. "Such exceptions shall be in harmony with
the general purpose andintert 'of the ordinance and may be subject to general
or specific rules therein contained. The board ofappeals .. .. ...may in appro-
priate cases arid subject to appropriate conditions and safeguards, grant to an
applicant a special permit to make use of his sand or to erect and maintain
buildings or other s,ructures 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 .,;ithout a structure. therefore,
the zoning ordinance provides for the enforcement of land use for other than
.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, F.quire, Deputy Commissioner,
Massachusetts Department of Natural Resources. Also "Flood Plain Zoing By-law,
Torn 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 Manager with. the responsibility,' authoxity,- and 'meaasrto
(c) Ma" tain-for public inspection and _furnishing. upon reouest,_with respect' to .c-
y ,
each=.area=.having;special.-flaod'-.hazards,;',information-on-elevatio's-an_.relation -to,'..-_:y. _-.
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, 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 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 consecuent obstruction
of flood flow; and (3) protection of the entire community from individual choices
of 'and use which require subsequent public expenditures for public works or dis-
aster relief. An additional purpose of preserving open spaces and wildlife will
rot make the law invalid if the public purposes are made primary." Massachusetts.
Conservation Co=ission Fendbook" 1973 tdition. .
AR:1CLE X - Flood Plain zone
00-62 Purpose
The p*_,rpose of the Flood Plain Zone is to ensure that development on land
,aithin the district will not endanger the health, safety and welfare of the
occKanth of land within the flood plain or the public, and to encourage the
v J f most appropriate use of the land in the community. The Flood Plain lone sha11
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. :
20-63 Location of Flood Plain
All lands dellpeated on snap entitled. "Town of Agawan Flood Insurance and
Flood Kazard :dap" being part of the Flood Plain Submission to HUD dated Bec !aber 22,
1971 , shall be included in the Flood Plain Zone. . These -areas .are described in
general terns 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 Milding shall be erected and no pre,nises .shall
be used except for one or :core of the following uses:
sanitary sewage,
a. I-Ifunicipal, recreation, public water supply, draiz;age for flood control 'uses,
orchard, truck garden, nursery, or similar open use of the lard for the raising
of agricultural or horitcultura] crops; and if authorized by the Board of Appeals,
commercial golf course, or non-profit social, civic or recreational use (but not
i;clWing any use the chief activity of which is one custcmaril;y cc_ajucted 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, b;lt no du7pinl, fiiiRE2 or earth, transfer or relccation operation e:•'cept
for Vil_t;y trenches, driveways, lan".scaping, acc—ssory :uilding fo;;Wation, cr
Public .1anilities enumerated nho e,
b. 1!weiiings lawfully exist.inE pric7 to the adoption of these provi sio1'.3 .; but
which shall nct thereafter be enlarged or extended except by the Hoard Ii
of Appeals. 1
No structure intended for h m n occupancy shall be erected and go-fill shall
be placed therein unless a permit has been issued by the- Ecard of -Appeals
after reasonable notice and a public hearing.
All*lands within the Flood Florin zone are included in one or ,.core of the
other districts defined by this Ordinance. - The permitted -uses specified'
,
herein Lake precedence- in areas so classified. - If, however, an exception
under Section 2D-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.inaluded
in_or baundjnQ 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, " acccmpanied 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 location of impervious material and such
percolation tests as -are deemed necessary by Board of Health or Baird of .
Appeals. Copies of the application shall be delivered by the applicant to
the following officials: the -Board of health, the Building 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 tak place until the ,:,card has issued a permit under this section or
sixty days has elapsed after the receipt of the application without action
• thereon..
b. The Board shall issue a permit under this section if it funds that
the proposed use'of premises will not endanger-tb health a'ad safety of
the occupants of land within the flood plain or the pullic, 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 developement 'will not
jendanger health and safety and that it will be an appropriate use of land shall
rest, upon the developer, who shall provide such en ineerinr. and hydrolagical
data a,-.is reasonably necessary. The Board may, as a condition of approval,
require that effective notice be given to prospective purchasers, by signs.,. .
- or.vtherwlse; .of pest flooding of said premises, and the steps undertaken by the
petitioner or his successor in title to alleviate the effects of the 'same.
c. 11ithoat limiting the generality of the £oregaing, 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 aA elevation
• above mean sea level of at least the elevation of "Standard Project Flood ;
mofified by existing and proposed reservoirs" as shorn on Corp of Engineers
map and graph for the land delineated in the application. Said map shall be. ,
available in the offices of the Board of Health.. the Building. Inspector, the' ,
Planning Eoard, 'the, Conservation Committee, and the Board of Appeals.. (2).
That furnaces and utilities are protected from thel effects•of flooding, 'and
that the structure will withstand the affects of flood in accordance with the . .
building code. (3) That the proposed construction,use 'and nor change of grade
will:-not obstruct or divert flood fines, substantially reduce natural flood—
water storage capacity, or inzrease storm water run off velocity so that water
levels on other land are substanitiai.ly raised?or dangerfrom flooding increased. .
(4) That safe means of vehicular and pedestrian escape are provided in the
eVent of flooding. (What the! proposed methods of draina a and sewage dis—
posal will not cause pollution or endanger health, in the evert of flooding-
No septic tanks and leach fields shall be permitted.
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/* !
d. A subdivision/filed pith the Planning Board under Chapter 41 of the �
General laws of Massachusetts shall meet the Rul
es and Regclations of. the ,
Eoard as they apply to Flood Plain ma_agement. The subdivision as approved
by the Planning Board shall be considered a single application when su mitted
to -the Board of Appeals under this Crrdinance. The action of the Planning :
Board "s ell 'in" no way limit the Board of I peals in their decision and setting
of conditions.
e. Nothing contained in this section shall licait the authority of the .-
Board of stealth 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 ba ueemed to he 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 ]arid were•not in the f lood 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.
0 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- ;
i panty' as permitted under section 20-65 shall be allowed beyond the •faun-
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 actor-
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 aU 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 band as required by the Town prior to the.
commencement of any earth work.
LOWER PIONEER VALLEY
i REGIONAL PLANNING COMMISSION
i;l .' 1499 Memorial Ave., West Springfield, Massachusetts 01089, Tel. 413-739-5383
K. M-MUNNICH janik'1rY I , 1973
i Planning Director
j
Mr. John Westman, Town Manager
Town Hall
Agawam, Mass. 01001
Dear Mr. Westman:
I should like to extend to you an invitation to attend a meeting to discuss the
implications of a new state law, Chapter. #l14l G.L., which provides for the es- '
tablishment of regional transit authorities in the Commonwealth. The meeting
will be held on Thursday, J 31 1974 at 4:00 P.M. at the offices of -the
Lower Pioneer Valle �Regional Planning Commission, 1499 Memorial Avenue, West
Spryfield, MA 01089. _ _ ,.
iThe new state law provides an effective vehicle for the improvement of public
transit and should assist municipalities in our region in their efforts to give
the public the essential transportation services with a maximam degree of finan-
cial support from both the state and federal levels. In order to take advantage
of the new law, ,joint action by municipalities is necessmpy and X would hope that
the meeting will initiate such action.which will lead to the •implementation of the......._...._. .,_.
district proposals at an early date.
As you may know,- during the past year, the Lower Pioneer Valley Regional. Planning
Commission has been involved in the preparation of plans for an adequate'public
transportation system and a short range plan is now being finalized with recom-
mendations which should lead to the improvement of the existing bus services.
This study .should also help in the consideration of- steps to be 'taken under the
provisions of the new state law.
In addition to the*Mayors, Selectmen and Town Managers of the municipalities
directly effected by the provisions of the state legislation, the meeting will be '
attended by Mr. Robert Murphy, Assistant Secretary of Transportation and Construc-
tion, Dr. Paul Shuldiner, Chairman of the Regional.Joint �ansportation, Mr. Herbert
Levinson, Senior Vice-President, Wilbur-Smith Associates, Consultants and members of
the Commission staff who will provide you with information on state -legislation and
----the regional transit plan and answer questions. In advance of the meeting, you will
receive an' information package with the relevant background material.
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I trust that you will be able to attend this important meeting which, in the
light of the current energy crisis and fuel shortages, should provide the necessary
impetus for joint action by the area camarzdties in the interest of all the citizens
of the region.
Very truly yours.,
Theodore S. Bacon, Jr.
Chairman
TSB/HI4Vbs
cc: 5 Mayors
2 Town Managers
9 Chairmen of Boards of Selectmen