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AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING
ORDINANCES §180-2 "DEFINITIONS AND WORD USAGE"
WHEREAS, the Agawam Planning Board voted to act as Petitioner for proposed zoning amendment
to §180-2 "Definitions and Word Usage"; and
WHEREAS, the new definitions section updates existing definitions and reorganizes definitions that
are presently found in various sections of the Code of the Town of Agawam; and
WHEREAS, it is in the best interest of the Town of Agawam to update and reorganize the definitions
contained in the Code of the Town of Agawam.
NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains, amends and
enacts the following amendments to the Code ofthe Town of Agawam:
I. Delete Section § 180-2 in its entirety and replace it with Exhibit A attached hereto.
2. Delete Section § 180-75 in its entirety and replace it with the following:
§ 180-75 Purpose.
The purpose of this section is to provide for the reasonable regulation and control of the
erection and maintenance of signs and advertising devices within the Town to the end that
the appearance and amenities of the Town may be preserved and enhanced, without
unduly restricting the conduct of lawful enterprise.
3. Delete Section § 180-92 in its entirety and replace it with the following:
§ 180-92 Definitions.
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
ACT The Telecommunications Act of 1996
'7th DATED this _'---__ day of NOJeMjl,C-i<-,2012.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. J1
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Exhibit A
ARTICLE VI, DEFINITIONS
AGAWAM ZONING ORDINANCE
§ 180-2 Definitions and word usage
For the purpose of this Ordinance, certain terms and words shall have the following meaning.
Words used in the present tense include the future; the plural number includes the singular; the
words "used" or "occupied" include the words "designed", "arranged", "intended" or "offered to
be used or occupied"; the words "building", "structure", "lot", "land" or "premise" shall be
construed as though followed by the words "or any portion thereof'; and the word "shall" is
always mandatory and not merely directory.
Terms and words not defined herein but defined in the Building Code or Subdivision Regulations
shall have the meanings given therein unless a contrary intention clearly appears. Words not
defined in either place shall have the meaning given in the most recent edition of Webster's
Unabridged Dictionary.
Definitions
For the purposes of this chapter, the following words and phrases shall have the meanmgs
respectively ascribed to them by this section:
ABANDONMENT: The cessation of a nonconforming use or structure as indicated by the
visible or otherwise indicated intention to discontinue a nonconforming use of a structure or a
lot, or the cessation of a nonconforming use or structure by its replacement with a conforming
use or structure.
ACCESSORY BUILDING: A subordinate building, located on the same lot as the main, or
principal building or principal use, the use of which is customarily incidental to the main or
principal use permitted in the district.
ACCESSORY USE: A use customarily incidental to that of the main or principal building or
use of the land.
ADEQUATE COVERAGE: Coverage is considered to be adequate within that area
surrounding a base station where the predicted or measured median field strength of the
transmitted signal for at least 75% of the covered area is greater than -95 dbm. It is acceptable
for there to be holes within the area of adequate coverage where the signal is less than -95 dbm,
as long as the signal regains its strength to greater than -95 dbm further away from the base
station. For the limited purpose of determining whether the use of a repeater is necessary or
d~sirable, there shall be deemed not to be adequate coverage within said holes. The outer
boundary of the area of adequate coverage, however, is that location past which the signal does
not regain a strength of greater than -95 dbm.
ADEQUATE CAPACITY: Capacity is considered to be adequate if the grade of service is
p.DS or better for a worst case day in a preceding month, based on the Erllang B Tables, prior to
the date of application; or as measured using direct traffic measurement of the personal wireless
service facility in question for existing facilities requesting major modification and where the
call blocking is due to frequency contention at the antenna(s).
ADULT DAY CARE FACILITY: A building or structure where care, protection, and
supervision are provided, on a regular schedule, to adults over the age of 18.
AGRICULTURE: The production, keeping or maintenance, for sale or lease of plants and
animals useful to man, including but not limited to: forages and sod crops; grains and seed crops;
dairy animals and dairy products; poultry and pOUltry products; livestock including beef cattle,
swine, horses, mules, ponies, or goats or any mutations of hybrids thereof, including the breeding
and grazing of any or all such animals, bees, and apiary products, for animals, trees and forest
products; fruits of all kinds, including grapes, nuts and berries, vegetables, floral, nursery,
ornamental and green house products, or lands devoted to a soil conservation or forestry
management program.
ALTERATION: Any construction, reconstruction or other action resulting in a change in the
structural parts, height, nwnber of stories, exits, size, use or location of a building or other
structure.
AMUSEMENT PARK: A commercially operated park with a predominance of outdoor games
and activities for entertainment, including shows or riding devices, games of skill or chance, or
any combination of shows, riding devices, water slides, miniature golf, batting cages or any
combination of several enterprises, such as revolving wheels, merry-go-rounds, giant swings,
panoramas, musical and theatrical entertainments, or riding devices, whether carried on, engaged
in or conducted as one enterprise or by several concessionaries, and whether an admission fee is
charged for admission to all such shows for entertainments, or a separate fee for admission is
charged for each amusement.
ANIMAL CLINIC OR HOSPITAL: A place where animals or pets are given medical or
surgical treatment and the boarding of animals is limited to short term care incidental to the
clinic or hospital use.
ANTENNA: A device which is attached to a tower or other structure for transmitting and
receiving electromagnetic waves.
APARTMENT HOUSE: A building or structure arranged, intended and designed to be
occupied by two to eight families, living independently of each other, and each including its own
separate kitchen and bathroom accommodations. Garden-type apartments shall be considered as
an apartment house.
ATTIC: The unfinished space between the ceiling of the top story of a building and its roof
which is not used for living, sleeping or eating quarters.
BASE STA nON: The primary sending and receiving site in a wireless telecommunications
network.
BUILDING: A structure enclosed within exterior, walls or firewaIls, built, erected and framed
of a combination of any materials, whether portable or fixed, having a roof, to form a structure
for the shelter of persons, animals or property. For the purpose of this definition, "roof' shall
inc! ude an awning or any similar covering, whether or not permanent in nature. The word
"building" shall be constructed, where the context requires, as though followed by words "or part
or parts thereof'. A porch or an attached garage, greenhouse or similar structure is to be
considered as part of a building when considering the requirements of setback, side or rear yards.
BUSINESS: The transacting or carrying on of a trade or commercial enterprise with a view to
profit or for livelihood.
CEMETERY: Land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes including columbarium, crematoriums, mausoleums, and funeral
establishments, when operated in conjunction with and within the boundary of such cemetery
under the care and supervision of the Town or other public authority.
CHANNEL: The segment of the radiation spectrum from an antenna which carries one signal.
An antenna may radiate on many channels simultaneously.
CHILDCARE FACILITY: Facilities that serve children under seven years of age or sixteen
years if the children have special needs, or school-age children (under fourteen years of age or
sixteen years if they have special needs) in programs that are held before or after school hours or
during vacations. A child care facility defined in M.G.L. c.28A, s.9.
CLUB OR LODGE, PRiV ATE: Buildings, structures and premises used by a non-profit social
or civic organization or by a nonprofit organization, catering exclusively to members and their
guests for social, civic, recreation, or athletic purposes which are not conducted primarily for
gain and provided there are no vending stands, merchandising, or commercial activities except as
may be required generally for the membership and purposes of such organization.
COMMERCIAL RECREATION, INDOORS: A structure for recreational, social or
amusement purposes, which may include as an accessory, use the consumption of food and
drink, including all connected rooms or space with a common means of egress and entrance.
Places of assembly shall include theaters, concert halls, dance halls, skating rinks, bowling
alleys, health clubs, dance studios, or other commercial recreational centers conducted for or not
for profit.
COMMERCIAL RECREATION, OUTDOORS: Driving range, bathing beach, sports club,
horseback riding stable, boathouse, marina or other commercial recreation carried on in whole or
in part outdoors, except those activities more specifically designated in this ordinance.
COMMUNICATION EQUIPMENT SHELTER: A structure located at a base station
designed principally to enclose equipment used in connection with personal wireless service
transmissions.
CONVENIENCE STORE: A retail store that sells groceries and may also sell gasoline; does
not include automotive service stations, or vehicle repair shops.
CREMATORY: A building containing a furnace designed and intended to be used for
cremating the dead and owned and controlled by a cemetery corporation or crematory
corporation duly organized under the laws of the state.
DETACHED: Separate from.
DBM: Unit of measure of the power level of an electromagnetic signal expressed in decibels
referenced to I milliwatt.
DWELLING: A building designed and occupied as the living quarters of one (1) or more
families. Single and two-family dwellings shall be designed for and occupied by not more than
one (1) or two (2) families, respectively. A multifamily dwelling shall be one designed for and
occupied by two (2) or more families. Hotels, lodging houses, hospitals, membership clubs, or
dormitories shall not be considered dwellings.
EARTH REMOVAL: Extraction of sand, gravel, top soil, or other earth for sale or for use at a
site removed from the place of extraction exclusive of the grading of a lot preparatory to the
construction of a building for which a building permit has been issued, or the grading of streets
in accordance with an approved definitive plan and exclusive of granite operations.
EDUCATIONAL USE: Use of land or structures for education purposes on land owned or
leased by the Commonwealth or any of its agencies, subdivisions or bodies politic or by a
religious sect or denomination, or by a non-profit education corporation. Educational facilities
not exempted from regulation by M.G.L. 40A, s.3.
EMF: Electromagnetic frequency radiation.
ERECT: To build, construct, reconstruct, move upon, or conduct any physical development of
the premises required for a building; to excavate, fill, drain, and the like preparation for building
shall also be considered to erect.
ESSENTIAL SERVICES: Services provided by a public service corporation or by
governmental agencies through erection, construction, alteration, or maintenance of gas,
electrical, steam, or water transmission or distribution systems and collection, communication,
supply, or disposal systems whether underground or overhead, but not including wireless
communications facilities. Facilities necessary for the provision of essential services include
poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment in connection therewith.
FACILITY SITE: The location within a Wireless Telecommunications Overlay District leased
by one of more personal wireless service providers and upon which one or more personal
wireless service facility(s) and required landscaping are located.
FAMILY: A number of individuals related by blood, marriage and/or adoption or a group of
unrelated individuals not to exceed four (4) who are occupying a dwelling unit and living as a
single nonprofit housekeeping unit. This definition, however, does not apply to non-related
disable persons as defined by any applicable federal and/or state law and/or regulations.
FAMILY DAY CARE FACILITY: Any private residence which on a regular basis receives
for temporary custody and care during part of all of the day, children under seven (7) years of
age or children under sixteen (16) years of age if such children have special needs. Provided,
however, in either case, that the total number of children shall not exceed more than six (6),
excluding participating children living in the residence.
FARMSTAND: A facility for the sale of produce, and wine and dairy products, provided that
during the months of June, July, August, and September of every year, or during the harvest
season of the primary crop raised on land of the owner or lessee, the majority of such products
for sale, based on either gross sales dollars or volume, have been produced by the owner or
lessee of land containing more than five acres on which the facility is located used primarily for
agriculture in conformance with M.G.L. c.40A, s.3.
FCC: Federal Communications Commission. The government agency responsible for regulating
telecommunications in the United States.
FCC 96-326: A report and order which sets new national standards for emissions of radio
frequency emissions from FCC regulated transmitters.
FENCE: An artificially constructed barrier of any material or combination of materials erected
to enclose or screen areas ofland.
FLOOD OR FLOODING: A general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters;
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot.
FLOODWA Y FRINGE: The land in the floodplain within a community subject to a' one
percent or greater chance of flooding in a given year that is located outside of the floodway.
GARAGE, PRIVATE: A building or space used as an accessory to or a part of a main building
permitted in any residential district, and providing for the storage of one or more motor vehicles
and in which no business, occupation or service for profit is in any way conducted.
GARAGE, PUBLIC: A garage, other than a private or storage garage, which is used for the
short-tenn parking of vehicles.
GARAGE, REPAIR: A building or portion thereof, other than a private or storage garage,
designed or used for equipping, servicing, repairing, hiring, selling, and/or storing of motor
vehicles. The tenn repairing shall not include an automobile body repair shop nor the rebuilding,
dismantling, or storage of wrecked or junked vehicles.
GASOLINE SERVICE STATION: A gasoline service station shall include any business
selling or offering for sale any motor fuel, such as gasoline or diesel fuel, to the public, whether
or not the public pennitted or expected to operate the pump to put the fuel into a motor vehicle's
fuel tank or a container, and shall include gasoline filling stations and gasoline self-service
stations. For the purposes of this ordinance gasoline service station shall also include any site
used or operated as a retail refueling site, including the fuels of gasoline, propane, electricity and
hydrogen.
GHZ: Gigahertz: one billion hertz.
GRADE OF SERVICE: A measure of the percentage of calls which are able to connect to the
base station, during the busiest hour of the day. Grade of service is expressed as a number, such
as p. OS, which means that 95% of callers will connect on their first try. A lower number (p. 04)
indicates a better grade of service.
HALF STORY: The space between the ceiling of the top story ofa building and the roof where
the area and height are sufficient for sleeping and living quarters.
HAZARDOUS MATERIAL: Any substance which is listed in, but not limited to, the EPA
priority pollutants as described in section 307 (a) of the Clean Water Act, as amended.
HEIGHT: The vertical distance from the average finished grade of the adjacent ground to the
top of the structure of the highest roof beams of a flat roof, or the mean level of the highest gable
or slope of a hip roof.
HERTZ: One hertz is the frequency of an electric or magnetic field which reverses polarity
once each second or one cycle per second.
HOME OCCUPATION: An occupation, business, trade, service or profession which is
incidental to and conducted in a dwelling unit or in a building or other accessory structure
thereto, by a resident thereof.
HOSPITAL: An institution providing primary health services and medical or surgical care to
persons, primarily in-patients, suffering from illness, disease, injury, defonnity and other
abnonnal physical or mental conditions, and including, as an integral part of the institution
related facilities such as laboratories, outpatient facilities or training facilities, a sanitarium, and
clinic. The tenn "hospital" does not include a rest home, nursing home andlor convalescent
home.
HOUSEKEEPING UNIT: See definition of "family".
JUNK VEHICLES: A wrecked, damaged, destroyed, non-operational, abandoned or
disassembled trailer, house trailer, boat, tractor, automobile, aircraft, or other motor vehicle, or
any parts thereof. A junk vehicle includes apparently inoperable, irnn1obile, disassembled or
extensively damaged vehicles. Evidence of non-operation and damaged includes, but is not
limited to, a buildup of debris that obstructs use, a broken window or windshield, a missing
wheel, a flat tire, a nonfunctional motor or transmission, missing bumpers, or missing plates and
the like.
KENNEL, COMMERCIAL: An establishment licensed to operate a facility housing dogs,
cats, or other household pets and where grooming, breeding, boarding, training or selling of
animals is conducted as a business.
KENNEL, PRIVATE: Any building or land designated or arranged for the care of dogs, cats or
other household pets belonging to the owner of the residential, principal use, kept for purposes of
show, hunting, or as pets.
LODGING HOUSE: A building containing more than five (5) lodging units for semi-
permanent residence (longer than one (I) week) for compensation and which meals may also be
supplied as part of the fee. This shall not include bed and breakfast home uses, congregate
housing, motels, hotels, multi-family dwellings, or nursing homes.
LIGHT MANUFACTURING:
packaging.
Fabrication, assembly, processing, finishing work or
LOADING SPACE, OFF-STREET: Space located on the same lot with principal building, or
contiguous to a group of buildings, for bulk pickups and deliveries, scaled to delivery vehicles
expected to be used, and accessible to such vehicles when required off-street parking spaces are
filled. It shall abut a street, alley, or other appropriate means of ingress or egress.
LOT: A continuous parcel of land with legally definable boundaries.
LOT, AREA: The horizontal area of the lot exclusive of any area in a street or recorded way
open to public use.
LOT, CORNER: A lot located at the intersection of two or more streets.
LOT, DEPTH OF: The mean distance from the street line of the lot to its opposite rear line
measured in the general direction of the side lines of the lot.
LOT, FRONTAGE OF: A lot line coinciding with the sideline of a street which provides legal
rights of vehicular access and actual physical vehicular access to the lot. Frontage shall be
measured continuously along a street and shall be the horizontal distance between the side lot
lines measured at the point where the side lot lines intersect with the front set back line. Lots
adjacent to paper streets may not use any portion of the paper street in calculating frontage or lot
area.
LOT LINE: A line dividing one lot from another, or from a street or any public place.
LOT LINE, REAR: The lot line opposite the street line, except that, in the case of a corner lot,
the rear lot line shall be the line opposite the street line on which the building is numbered or
would be numbered.
MAJOR MODIFICATION OF AN EXSITING FACILITY: Any change or proposed change
in power input or output, number of antennas, change in antenna type or model, repositioning of
antenna (s), change in number of channels per antenna above the maximum number approved
under an existing special permit. Also any increase or proposed increase in dimensions of an
existing and permitted tower or other structure designed to support personal wireless service
transmissions, receiving and/or relaying antennas and/or equipment.
MEDICAL CENTER OR CLINIC: A building designed and used for the diagnosis and
treatment of human patients that does not include overnight care facilities.
MHZ: Megahertz: one million hertz.
MILE: A "mile" (5,280 feet) is to be measured from a point on an imaginary line which is
perpendicular to the vertical line at that point.
MONITORING: The measurement, by the use of instruments in the field, of the radiation from
a site as a whole or from individual personal wireless service facilities, towers or antennas.
MONITORING PROTOCOL: The testing protocol, initially the Cobbs Protocol, which is to
be used to monitor the emissions from existing and new personal wireless service facilities and
towers upon adoption of this article. The SPGA may, as the technology changes, require, by
written regulation, the use of other testing protocols. A copy of the monitoring protocol shall be
on file with the Town Clerk.
MONOPOLE: A single self-supporting vertical pole with below-grade foundations.
MOUNT: The structure or surface upon which antennas are mounted, including the following
four types of mounts:
A. Roof-mounted: mounted on the roof of a building.
B. Side-mounted: mounted on the side of a building.
C. Ground-mounted: mounted on the ground
D. Structure-mounted: mounted on a structure other than a building.
MOTEL: A building or buildings intended and designed for transient overnight or extended
occupancy, divided into separate units within the same building with or without a public dining
facility.
MOTOR VEHICLE COMMERCIAL: Any vehicle used or designed to be used for business
or commercial purposes that infringes on the residential character of residential districts and
includes, but is not necessarily limited to: a bus, cement truck, commercial tree-trimming
equipment, construction equipment, dump truck, garbage truck, panel truck, semi-tractor, semi-
trailer, stake bed truck, step van, tank truck, tar truck, fire truck, or the like, or other commercial
type vehicle licensed by the state as a commercial vehicle or truck.
MOTOR VEHICLE GENERAL OR BODY REPAIR: An establishment, garage or work
area enclosed within a building where repairs are made or caused to be made to motor vehicles
and their bodies, including fenders, bumpers and similar components of motor vehicle bodies,
but does not include the storage of vehicles for the cannibalization of parts or fuel sales.
MUNICIPAL FACILITIES: Facilities owned or operated by the Town of Agawam.
NON-CORNFORMING BUILDING OR STRUCTURE: A building or structure, existing at
the effective date of this ordinance, or any subsequent amendment to, which does not conform to
one or more provisions of this ordinance.
NON-CONFORMING LOT: A lot lawfully existing at the effective date of this ordinance, or
any subsequent amendment to, which is not in accordance with all the provisions of this
ordinance.
NON-CONFORMING USE: A use lawfully existing at the time of adoption of this ordinance,
or any subsequent amendment thereto, which does not conform to one or more provisions of this
ordinance.
NURSING, REST HOME, OR CONVALESCENT HOME: An extended or intermediate
care facility licensed or approved to provide full-time convalescent or chronic care to individuals
who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
OFF-STREET PARKING SPACE: A space of 200 square feet or more plus access and
maneuvering space, whether inside or outside a structure for exclusive use as a parking stall for
one motor vehicle, and further being surfaced with durable pavement.
OPEN SPACE: The space on a lot unoccupied by buildings, structures, driveways, off-street
parking or loading spaces or other impervious surfaces.
ORDINARY HIGH-WATER MARK: The highest point on the bank of a floodway or
floodplain at which the water level has been for a sufficient period of time to leave a definite
mark.
PERSONAL WIRELESS SERVICES: Commercial mobile services, unlicensed wireless
services and common carrier wireless exchange access services, These services include: cellular
services, personal communications services (PCS), specialized mobile radio services and paging
servIces,
PERSONAL WIRELESS SERVICE FACILITY: All equipment (excluding any repeaters)
with which a personal wireless service provider broadcasts and receives the radio frequency
waves which carry their services and all locations of said equipment or any part thereof. This
facility may be sited on one or more towers or structures(s) owned and permitted by another
owner or entity,
PERSONAL WIRELESS SERVICE PROVIDER: An entity licensed by the FCC to provide
personal wireless services to individuals or institutions,
PRINCIPAL BUILDING: A building in which is conducted the principal use of the lot on
which it is located,
PRINCIPAL USE: The main or primary purpose for which a structure or lot is designed,
arranged or intended, or for which it may be used, occupied or maintained under this ordinance,
Any other use within the main structure or the use of any other structure or land on the same lot
and incidental or supplementary to the principal use and permitted under this ordinance shall be
considered an accessory use,
RADIATION PROPAGATION STUDIES OR RADIAL PLOTS: Computer generated
estimates of the radiation emanating from antennas or repeaters sited on a specific tower or
structure, The height above mean sea level, power input and output, frequency output, type of
antenna, antenna gain, topography of the site and its surroundings are all taken into account to
create these simulations, They are the primary tool for determining whether a site will provide
adequate coverage for the personal wireless service facility proposed for that site,
REAR YARD: The required unoccupied space or area within the rear lot line and the part of the
principal building nearest such rear lot line,
RESTAURANT: A building, or portion thereof, which is designed, intended and used for the
indoor sales and consumption of food prepared on the premises, except that food may be
consumed out doors in landscaped terraces, designed for dining purposes, which are adjuncts to
the main indoor restaurant facility, The term "restaurant" shall not include "fast food
establishments",
RESTAURANT, FAST-FOOD: An establishment engaged primarily in the business of
preparing food and purveying it on a self-service or semi self-service basis, Customer orders
andlor service may be by means of a walk-up counter or window designed to accommodate
automobile traffic, Consumption is either on or off the premises,
RESTAURANT, DRIVE-IN AND DRIVE-THROUGH: A restaurant which provides
convenient vehicular access and may provide service to customers while in their vehicles.
SANITARIUM: A hospital used for treating chronic and usually long-term illness.
SEMI-DETACHED DWELLING: A single-family residential unit that is joined on one side
to another single-family residential unit having a party wall between the units.
SERVICES, PROFESSIONAL: Establishments primarily engaged in rendering services by
professional persons on a fee or contract basis, including, but not limited to the following:
accounting, auditing, and bookkeeping; medical, dental or health; planning, engineering and
architectural; education and science; attorneys and notary publics; etc.
SETBACK: The minimum required unoccupied space or area between the street line 'of which
the building is numbered or would be numbered and the part of the building nearest such street
line, such unoccupied space or area extending the entire width or distance across the lot.
SIDE LOT LINE: The line dividing one lot from another.
SIDE YARD: The required unoccupied space and area within the lot between the side lot line
and parts of the building nearest such side lot line. In the case of a comer lot, one of the side
yards shall be the unoccupied space or area between the street line of the side street and the parts
of the building nearest to such street line.
SIGN: Any device, surface or framework on which words, symbols or other designs, are
inscribed or displayed and designed to call attention thereto, including flags, banners and the
like.
SIGN, ACCESSORY: Any sign that advertises or indicates the person occupying the premises
on which the sign is erected or maintained or the business transacted thereon or the products sold
thereon. '
SIGN, AREA OF:
A. Area of the face: The area of the face of a sign shall be considered to include all lettering,
working and accompanying designs and symbols, together with the background on which
they are displayed and any cutouts or extensions.
B. The area of a sign consisting of individual letters or symbols attached to or painted on a
surface, building, wall or window shall be considered to be that of the smallest
quadrangle or triangle which encompasses all the letters and symbols.
c. The area of a sign consisting of a three-dimensional object shall be considered to be the
area of the largest vertical cross section of that object.
D. In computing the area of the signs, both sides of v-shaped signs, but only one (I) side of
the back-to-back signs, shall be counted.
Sign, billboard: Any non-accessory sign greater in face area than 40 square feet.
Sign, color: The color concept of the sign shall be such that it does not violate the purpose of
this Article.
Sign, instructional: Signs indicating "entrance", "exit" or the like, erected on premises for the
direction of persons or vehicles.
Sign, outdoor advertising board: The Outdoor Advertising Board of the Commonwealth or
any board or official which may hereafter succeed to its powers or functions.
Sign, overhanging: A sign or other advertising device which hangs or extends over a sidewalk
or a way in which the public has a right of access. Wall signs and standing signs shall not be
included in this definition.
Sign, real estate: A sign advertising the sale, rental or lease of the premises on which it is
maintained.
Sign, standing: A sign standing or hanging free on its own support; such support may be
attached to a building or fixed in or to the ground. "Standing signs" may have two (2) faces or
sides showing in opposite directions.
Sign, structure: The supports, uprights, bracing and framework of a sign. Any color applied to
the "structure" shall meet the purposes of this Article.
Sign, temporary: Any sign, including its supporting structure, intended to be maintained for a
period less than one hundred eight (180) days for agricultural purposes and sixty (60) days for
any other purposes.
Sign, wall: A sign fastened or affixed parallel to and within twelve (12) inches of the wall of a
building.
Sign, window: A sign painted or placed on the inside or outside of a window.
SINGLE-FAMILY DWELLING: A structure designed exclusively for and occupied
exclusively by one family.
SITE PLAN: A plan, to scale, showing uses and structures proposed for a parcel of land as
required by the zoning regulations, including lot lines, streets, building sites, buildings,
landscape features, traffic circulation, parking, drainage, utilities, signs, topography and lighting
within the parcel.
SPECIAL PERMIT GRANTING AUTHORITY: The Board of Appeals of the Town of
Agawam.
STORAGE CAPACITY OF A FLOODPLAIN: The volume of space above an area of
floodplain that can be occupied by flood water of a given stage at a given time, regardless of
whether the water is moving.
STORY: The horizontal portion through a building between floor and ceiling. The word
"story" shall not include the portion of the basement or cellar of a building above grade or an
attic as defined in this section.
STREET: An accepted city way, or a way established by or maintained under county, state, or
federal authority, or a way established by a subdivision plan approved in accordance with the
subdivision control law actually constructed to specifications or for which adequate security
exists to construct such a way.
STREET LINE: The dividing line between a street and a lot and, in the case of a public way,
the street line established by the public authority laying out such way upon which the lot abuts.
STREET, PAPER: A street shown on a recorded plan but never built on the ground.
STREET RIGHT-OF-WAY: A general term denoting land, property or interest therein,
usually a strip acquired for or devoted to a planned roadway. A street right-of-way should be
sufficient to accommodate the ultimate roadway, including, but not limited to: the street
pavement, shoulder, grass strip, sidewalk, public utility facilities, street trees, and snow storage.
STRUCTURE: A combination of materials assembled at a fixed location to give support or
shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin fence,
sign, flagpole, recreational tramway, and mast for radio antenna or the like. The word
"structure" shall be construed, where the context allows, as though followed by the words "or
part or parts thereof'.
SUBSTANTIAL IMPROVEMENT IN THE FLOODPLAIN: Any repair, reconstruction or
improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the
assessed value of the structure either before the improvement is started or, 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.
TOWER: A monopole that is designed to support personal wireless service transmission,
receiving and/or relaying antennas and/or equipment.
TRAILER: Any so-called automobile trailer, mobile home or trailer coach, including any
portable structure, means of conveyance or vehicle so designed or constructed, altered or
converted in any manner as to permit occupancy thereof for dwelling or sleeping purposes.
TRUCKING TERMINAL:
maintenance facilities.
Terminal facilities for handling freight with or without
UNREGISTERED MOTOR VEHICLES: Any motor vehicle or trailer not registered in
accordance with Massachusetts General Laws Chapter 90, or any motor vehicle which fails to
carry or display its license plate as provided in §6 of said Chapter 90; or any motor vehicle or
trailer owned by a non-resident who has failed to comply with the registration laws of the non-
resident state or country.
USE, SUBST ANTIALL Y DIFFERENT: A use which by reason of its normal operation would
cause readily observable differences in patronage, service, sight, noise, employment or similar
characteristics from the use to which it is being compared.
WIRELESS TELECOMMUNICATIONS OVERLAY DISTRICT (WTOD): Specific
area(s), determined by engineering analysis to contain sites where adequate service may be
provided to the Town of Agawam, which, at the same time, have the potentiiil of reducing or
mitigating negative impacts in accordance with the Overlay District as defined in this article.
YARD: A space open to the sky, located between a building or structure and a lot line,
unoccupied except by fences, walls, poles, paving, and other customary yard accessories.
YARD, FRONT: A yard extending the full width of the lot and situated between the street line
and nearest point of the building.
YARD, REAR: The required unoccupied space or area within the rear lot line and the part of
the principal building nearest such rear lot line.
YARD, SIDE: The required unoccupied space or area within the lot between the side lot line
and parts of the building nearest such side lot line. In the case of a corner lot one (l) of the side
yards shall be the unoccupied space or area between the street line of the side street and the parts
of the building nearest to such street line.
MAYORAL ACTION
Received this ~---,gL-_-/-_"~~_day of f\/ovembu" ,2012 from Council Clerk.
Signed by Council President this ~_~7,--.f1... ____ day of rYavem be (-, 2012.
AFPROV AL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, r hereby approve the passage of the above legislation on this 8~ day of
NOvf0">bg r ,2012 .
...
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby veto the passage of the above legislation on this day of
~~_~ ____ ----" 2012 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this __ =-g-ao ___ day of NOVLm b.t" , 2012.
\
ARTICLE VI, DEFINITIONS
AGAWAM ZONING ORDINANCE
Revised August 2,2012
ARTICLE I, General Provisions
§ 180-1 Purpose (leave)
§ 180-2 Definitions and word usage
For the purpose of this Ordinance, certain terms and words shall have the following meaning.
Words used in the present tense include the future; the plural number includes the singular; the
words "used" or "occupied" include the words "designed", "arranged", "intended", or "offered to
be used or occupied"; the words "building", "structure", "lot", "land", or "premise" shall be
construed as though followed by the words "or any portion thereof"; and the word "shall" is
always mandatory and not merely directory. (Jessica)
Terms and words not defined herein but defined in the Building Code or Subdivision Regulations
shall have the meanings given therein unless a contrary intention clearly appears. Words not
defined in either place shall have the meaning given in the most recent edition of Webster's
Unabridged Dictionary. (Jessica)
§ 180-2 Definitions
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
ABANDONMENT: The cessation of a nonconforming use or structure as indicated by the
visible or otherwise indicated intention to discontinue a nonconforming use of a structure or a lot,
or the cessation of a nonconforming use or structure by its replacement with a conforming use or
structure. (New Jessica)
ACCESSORY BUILDING: A subordinate building, located on the same lot as the main, or
principal building or principal use, the use of which is customarily incidental to the main or
principal use permitted in the district. (Jessica)
ACCESSORY USE: A use customarily incidental to that of the main or principal building or use
of the land. (Mark)
'ojoJ"\
fJ1-'.f ACT: The Telecommunications Act of 1996. (Existing)
ADEQUATE COVERAGE: Coverage is considered to be adequate within that area
surrounding a base station where the predicted or measured median field strength of the
transmitted signal for at least 75% of the covered area is greater than -95 dbm. It is acceptable for
there to be holes within the area of adequate coverage where the signal is less than -95 dbm, as
long as the signal regains its strength to greater than -95 dbm further away from the base station.
For the limited purpose of 4etermining whether the use of a repeater is necessary or desirable,
there shall be deemed not to be adequate coverage within said holes. The outer boundary of the
I
area of adequate coverage, however, is that location past which the signal does not regain a
strength of greater than -95 dbm. (Existing)
ADEQUATE CAPACITY: Capacity is considered to be adequate if the grade of service is
p.05 or better for a worst case day in a preceding month, based on the Erllang B Tables, prior to
the date of application; or as measured using direct traffic measurement of the personal wireless
service facility in question for existing facilities requesting major modification and where the call
blocking is due to frequency contention at the antenna(s). (Existing)
ADULT DAY CARE FACILITY: A building or structure where care, protection, and
supervision are provided, on a regular schedule, to adults over the age of 18. (New Mark)
AGRICULTURE: The production, keeping or maintenance, for sale or lease of plants and
animals useful to man, including but not limited to: forages and sod crops; grains and seed crops;
dairy animals and dairy products; poultry and poultry products; livestock including beef cattle,
swine, horses, mules, ponies, or goats or any mutations of hybrids thereof, including the breeding
and grazing of any or all such animals, bees, and apiary products, for animals, trees and forest
products; fruits of all kinds, including grapes, nuts and berries, vegetables, floral, nursery,
ornamental and green house products, or lands devoted to a soil conservation or forestry
management program. (New Jessica)
ALTERATION: Any construction, reconstruction or other action resulting in a change in the
structural parts, height, number of stories, exits, size, use or location of a building or other
structure. (New Jessi ca)
AMUSEMENT PARK: A commercially operated park with a predominance of outdoor games
and activities for entertainment, including shows or riding devices, games of skill or chance, or
any combination of shows, riding devices, water slides, miniature golf, batting cages or any
combination of several enterprises, such as revolving wheels, merry-go-rounds, giant swings,
panoramas, musical and theatrical entertainments, or riding devices, whether carried on, engaged
in or conducted as one enterprise or by several concessionaries, and whether an admission fee is
charged for admission to all such shows for entertainments, or a separate fee for admission is
charged for each amusement. [Added 2-2-2001 by TOR-2001-1] (Existing)
ANIMAL CLINIC OR HOSPITAL: A place where animals or pets are given medical or
surgical treatment and the boarding of animals is limited to short term care incidental to the clinic
or hospital use. (New Mark)
ANTENNA: A device which is attached to a tower or other structure for transmitting and
receiving electromagnetic waves. (Existing)
APARTMENT HOUSE: A building or structure arranged, intended and designed to be
occupied by ~~f:..ore families, living independently of each other, and each including its own
separate kitchen and bathroom accommodations. Garden-type apartments shall be considered as
an apartment house. (Revised Jessica)
ATTIC: The unfinished space between the ceiling of the top story of a building and its roof
which is not used for living, sleeping or eating quarters. (Revised Jessica)
2
BASE STATION: The primary sending and receiving site in a wireless telecommunications
network. (Existing)
BUILDING: A structure enclosed within exterior, walls or firewalls, built, erected and framed of
a combination of any materials, whether portable or fixed, having a roof, to form a structure for
the shelter of persons, animals or property. For the purpose of this definition, "roof' shall include
an awning or any similar covering, whether or not permanent in nature. The word "building"
shall be constructed, where the context requires, as though followed by words "or part or parts
thereof'. A porch or an attached garage, greenhouse or similar structure is to be considered as
part of a building when considering the requirements of setback, side or rear yards. (Mark)
BUSINESS: The transacting or carrying on of a trade or commercial enterprise with a view to
profit or for livelihood. (Existing)
CEMETERY: Land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes including columbarium, crematoriums, mausoleums, and funeral
establishments, when operated in conjunction with and within the boundary of such cemetery
under the care and supervision of the Town or other public authority. (Jessica and existing)
CHANNEL: The segment of the radiation spectrum from an antenna which carries one signal. An
antenna may radiate on many channels simultaneously. (Existing)
CHILDCARE FACILITY: Facilities that serve children under seven years of age or sixteen
years if the children have special needs, or school-age children (under fourteen years of age or
sixteen years if they have special needs) in programs that are held before or after school hours or
during vacations. (Jessica)
A child care facility defined in M.G.L. c.28A, s.9. (Mark)
CLUB OR LODGE, PRIVATE: Buildings, structures and premises used by a non-profit social
or civic organization or by a nonprofit organization, catering exclusively to members and their
guests for social, civic, recreation, or athletic purposes which are not conducted primarily for gain
and provided there are no vending stands, merchandising, or commercial activities except as may
be required generally for the membership and purposes of such organization. (Mark)
COMMERCIAL RECREATION, INDOORS: A structure for recreational, social or
amusement purposes, which may include as an accessory, use the consumption of food and drink,
including all connected rooms or space with a common means of egress and entrance. Places of
assembly shall include theaters, concert halls, dance halls, skating rinks, bowling alleys, health
clubs, dance studios, or other commercial recreational centers conducted for or not for profit.
(new Mark)
COMMERCIAL RECREATION, OUTDOORS: Driving range, bathing beach, sports club,
horseback riding stable, boathouse, marina or other commercial recreation carried on in whole or
in part outdoors, except those activities more specifically designated in this ordinance. (Zoning
Committee)
3
BASE STATION: The primary sending and receiving site in a wireless telecommunications
network. (Existing)
BUILDING: A structure enclosed within exterior, walls or firewalls, built, erected and framed of
a combination of any materials, whether portable or fixed, having a roof, to form a structure for
the shelter of persons, animals or property. For the purpose of this definition, "roof" shall include
an awning or any similar covering, whether or not permanent in nature. The word "building"
shall be constructed, where the context requires, as though followed by words "or part or parts
thereof". A porch or an attached garage, greenhouse or similar structure is to be considered as
part of a building when considering the requirements of setback, side or rear yards. (Mark)
BUSINESS: The transacting or carrying on of a trade or commercial enterprise with a view to
profit or for livelihood. (Existing)
CEMETERY: Land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes including columbarium, crematoriums, mausoleums, and funeral
establishments, when operated in conjunction with and within the boundary of such cemetery
under the care and supervision of the Town or other public authority. (Jessica and existing)
CHANNEL: The segment of the radiation spectrum from an antenna which carries one signal. An
antenna may radiate on many channels simultaneously. (Existing)
CHILDCARE FACILITY: Facilities that serve children under seven years of age or sixteen
years if the children have special needs, or school-age children (under fourteen years of age or
sixteen years if they have special needs) in programs that are held before or after school hours or
during vacations. (Jessica)
A child care facility defined in M.G.L. c.28A, s.9. (Mark)
CLUB OR LODGE, PRIVATE: Buildings, structures and premises used by a non-profit social
or civic organization or by a nonprofit organization, catering exclusively to members and their
guests for social, civic, recreation, or athletic purposes which are not conducted primarily for gain
and provided there are no vending stands, merchandising, or commercial activities except as may
be required generally for the membership and purposes of such organization. (Mark)
COMMERCIAL RECREATION, INDOORS: A structure for recreational, social or
amusement purposes, which may include as an accessory, use the consumption of food and drink,
including all connected rooms or space with a common means of egress and entrance. Places of
assembly shall include theaters, concert halls, dance halls, skating rinks, bowling alleys, health
clubs, dance studios, or other commercial recreational centers conducted for or not for profit.
(new Mark)
COMMERCIAL RECREATION, OUTDOORS: Driving range, bathing beach, sports club,
horseback riding stable, boathouse, marina or other commercial recreation carried on in whole or
in part outdoors, except those activities more specifically designated in this ordinance. (Zoning
Committee)
3
COMMUNICATION EQUIPMENT SHELTER: A structure located at a base station designed
principally to enclose equipment used in connection with personal wireless service transmissions.
(Existing)
CONVENIENCE STORE: A retail store that sells groceries and may also sell gasoline; does
not include automotive service stations, or vehicle repair shops. (New Zoning Committee)
CREMATORY: A building containing a furnace designed and intended to be used for cremating
the dead and owned and controlled by a cemetery corporation or crematory corporation duly
organized under the laws of the state. (existing)
DETACHED: Separate from. (existing)
DBM: Unit of measure of the power level of an electromagnetic signal expressed in decibels
referenced to I milliwatt (Existing)
DWELLING: A building designed and occupied as the living quarters of one (I) or more
families. Single-and two-family dwellings shall be designed for and occupied by not more than
one (1) or two (2) families, respectively. A multifamily dwelling shall be one designed for and
occupied by three (3) or more families. Hotels, lodging houses, hospitals, membership clubs, or
dormitories shall not be consid~dWellings. (Mark and Jessica)
T~o Z>t!!.-,tYlc.e£
EARTH REMOVAL: Extraction of sand, gravel, top soil, or other earth for sale or for use at a
site removed from the place of extraction exclusive of the grading of a lot preparatory to the
construction of a building for which a building permit has been issued, or the grading of streets in
accordance with an approved definitive plan and exclusive of granite operations. (Mark)
EDUCATIONAL USE: Use of land or structures for education purposes on land owned or
leased by the Commonwealth or any of its agencies, subdivisions or bodies politic or by a
religious sect or denomination, or by a non-profit education corporation. Educational facilities
not exempted from regulation by M.G.L. 40A, s.3. (Jessica)
EMF: Electromagnetic frequency radiation. (Existing)
ERECT: To build, construct, reconstruct, move upon, or conduct any physical development of
the premises required for a building; to excavate, fill, drain, and the like preparation for building
shall also be considered to erect. (New Mark)
ESSENTIAL SERVICES: Services provided by a public service corporation or by
governmental agencies through erection, construction, alteration, or maintenance of gas,
electrical, steam, or water transmission or distribution systems and collection, communication,
supply, or disposal systems whether underground or overhead, but not including wireless
communications facilities. Facilities necessary for the provision of essential services include
poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment in connection therewith. (new Mark)
4
r
FACILITY SITE: The location within a Wireless Telecommunications Overlay District leased
by one of more personal wireless service providers and upon which one or more personal wireless
service facility(s) and required landscaping are located. (Existing)
FAMILY: A number of individuals related by blood, marriage and/or adoption or a group of
unrelated individuals not to exceed four (4) who are occupying a dwelling unit and living as a
single nonprofit housekeeping unit. This definition, however, does not apply to non-related
disable persons as defined by any applicable federal and/or state law and/or regulations. (Jessica)
FAMILY DAY CARE FACILITY: Any private residence which on a regular basis receives for
temporary custody and care during part of all of the day, children under seven (7) years of age or
children under sixteen (16) years of age if such children have special needs. Provided, however,
in either case, that the total number of children shall not exceed more than six (6), excluding
participating children living in the residence. (Mark)
F ARMST AND: A facility for the sale of produce, and wine and dairy products, provided that
during the months of June, July, August, and September of every year, or during the harvest
season of the primary crop raised on land of the owner or lessee, the majority of such products for
sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of
land containing more than five acres on which the facility is located used primarily for agriculture
in conformance with M.G.L. c.40A, s.3. (State law)
FCC: Federal Communications Commission. The government agency responsible for regulating
telecommunications in the United States. (Existing)
FCC 96-326: A report and order which sets new national standards for emissions of radio
frequency emissions from FCC regulated transmitters. (Existing)
FENCE: An artificially constructed barrier of any material or combination of materials erected to
enclose or screen areas of land. (Jessica)
FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation
of normally dry land areas from:
(1) The overflow of inland or tidal waters;
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(existing)
FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot. (existing)
FLOODWAY FRINGE: The land in the floodplain within a community subject to a one percent
or greater chance of flooding in a given year that is located outside of the floodway . (existing)
GARAGE, PRIVATE: A building or space used as an accessory to or apart of a main building
permitted in any residential district, and providing for the storage of one or more motor vehicles
and in which no business, occupation or service for profit is in any way conducted. (zoning
committee)
5
GARAGE, PUBLIC: A garage, other than a private or storage garage, which is used for the
short-term parking of vehicles. (zoning committee)
GARAGE, REPAIR: A building or portion thereof, other than a private or storage garage,
designed or used for equipping, servicing, repairing, hiring, selling, and/or storing of motor
vehicles. The term repairing shall not include an automobile body repair shop nor the rebuilding,
dismantling, or storage of wrecked or junked vehicles. (zoning committee)
GASOLINE SERVICE STATION: A gasoline service station shall include any business selling
or offering for sale any motor fuel, such as gasoline or diesel fuel, to the public, whether or not
the public permitted or expected to operate the pump to put the fuel into a motor vehicle's fuel
tank or a container, and shall include gasoline filling stations and gasoline self-service stations.
For the purposes of this ordinance gasoline service station shall also include any site used or
operated as a retail refueling site, including the fuels of gasoline, propane, electricity and
hydrogen. (Approved by Council 5/503)
GHZ: Gigahertz: one billion hertz. (Existing)
GRADE OF SERVICE: A measure of the percentage of calls which are able to connect to the
base station, during the busiest hour of the day. Grade of service is expressed as a number, such as
p. 05, which means that 95% of callers will connect on their first try. A lower number (p. 04)
indicates a better grade of service. (Existing)
HALF STORY: The space between the ceiling of the top story of a building and the roof where
the area and height are sufficient for sleeping and living quarters. (existing)
HAZARDOUS MATERIAL: Any substance which is listed in, but not limited to, the EPA
priority pollutants as described in section 307 (a) of the Clean Water Act, as amended. (Mark)
HEIGHT: The vertical distance from the average finished grade of the adjacent ground to the top
of the structure of the highest roof beams of a flat roof, or the mean level of the highest gable or
slope of a hip roof. (Jessica)
HERTZ: One hertz is the frequency of an electric or magnetic field which reverses polarity once
each second or one cycle per second. (Existing)
HOME OCCUPATION: An occupation, business, trade, service or profession which is
incidental to and conducted in a dwelling unit or in a building or other accessory structure thereto,
by a resident thereof. (Mark)
HOSPITAL: An instimtion providing primary health services and medical or surgical care to
persons, primarily in-patients, suffering from illness, disease, injury, deformity and other
abnormal physical or mental conditions, and including, as an integral part of the institution related
facilities such as laboratories, outpatient facilities or training facilities, a sanitarium, and clinic.
The term "hospital" does not include a rest home, nursing home and/or convalescent horne.
(Jessica)
6
HOUSEKEEPING UNIT: See definition of "family". (Jessica)
JUNK VEHICLES: A wrecked, damaged, destroyed, non-operational, abandoned or
disassembled trailer, house trailer, boat, tractor, automobile, aircraft, or other motor vehicle, or
any parts thereof. A junk vehicle includes apparently inoperable, immobile, disassembled or
extensively damaged vehicles. Evidence of non-operation and damaged includes, but is not
limited to, a buildup of debris that obstructs use, a broken window or windshield, a missing
wheel, a flat tire, a nonfunctional motor or transmission, missing bumpers, or missing plates and
the like. (Zoning Committee)
KENNEL, COMMERCIAL: An establislunent licensed to operate a facility housing dogs, cats,
or other household pets and where grooming, breeding, boarding, training or selling of animals is
conducted as a business. (Jessica)
KENNEL, PRIVATE: Any building or land designated or arranged for the care of dogs, cats or
other household pets belonging to the owner of the residential, principal use, kept for purposes of
show, hunting, or as pets. (Jessica)
LODGING HOUSE: A building containing more than five (5) lodging units for semi-permanent
residence (longer than one (1) week) for compensation and which meals may also be supplied as
part of the fee. This shall not include bed and breakfast home uses, congregate housing, motels,
hotels, multi-family dwellings, or nursing homes. (Jessica)
LIGHT MANUFACTURING: Fabrication, assembly, processing, finishing work or packaging.
(Mark)
LOADING SPACE, OFF-STREET: Space located on the same lot with principal building, or
contiguous to a group of buildings, for bulk pickups and deliveries, scaled to delivery vehicles
expected to be used, and accessible to such vehicles when required off-street parking spaces are
filled. It shall abut a street, alley, or other appropriate means of ingress or egress. (Mark)
LOT: A continuous parcel ofland with legally defmable boundaries. (Mark)
LOT, AREA: The horizontal area of the lot exclusive of any area in a street or recorded way
open to public use. (zoning committee)
LOT, CORNER: A lot located at the intersection of two or more streets. (New Deb)
LOT, DEPTH OF: The mean distance from the street line of the lot to its opposite rear line
measured in the general direction of the side lines of the lot. (Mark)
LOT, FRONTAGE OF: A lot line coinciding with the sideline of a street which provides legal
rights of vehicular access and actual physical vehicular access to the lot. Frontage shall be
measured continuously along a street and shall be the horizontal distance between the side lot
lines measured at the point where the side lot lines intersect with the front set back line. (Jessica)
LOT LINE: A line dividing one lot from another, or from a street or any public place. (Mark)
7
LOT LINE, REAR: The lot line opposite the street line, except that, in the case of a comer lot,
the rear lot line shall be the line opposite the street line on which the building is numbered or
would be numbered. (existing)
MAJOR MODIFICATION OF AN EXSITING FACILITY: Any change or proposed change
in power input or output, number of antennas, change in antenna type or model, repositioning of
antenna (s), change in number of channels per antenna above the maximum number approved
under an existing special permit. Also any increase or proposed increase in dimensions of an
existing and permitted tower or other structure designed to support personal wireless service
transmissions, receiving and/or relaying antennas and/or equipment. (Existing)
MEDICAL CENTER OR CLINIC: A building designed and used for the diagnosis and
treatment of human patients that does not include overnight care facilities. (Mark)
MHZ: Megahertz: one million hertz. (Existing)
MILE: A "mile" (5,280 feet) is to be measured from a point on an imaginary line which is
perpendicular to the vertical line at that point. (Existing)
MONITORING: The measurement, by the use of instruments in the field, of the radiation from
a site as a whole or from individual personal wireless service facilities, towers or antennas.
(Existing)
MONITORING PROTOCOL: The testing protocol, initially the Cobbs Protocol, which is to be
used to monitor the emissions from existing and new personal wireless service facilities and
towers upon adoption of this article. The SPGA may, as the technology changes, require, by
written regulation, the use of other testing protocols. A copy of the monitoring protocol shall be
on file with the Town Clerk. (Existing)
MONOPOLE: A single self-supporting vertical pole with below-grade foundations. (Existing)
MOUNT: The structure or surface upon which antennas are mounted, including the following
four types of mounts:
A. Roof-mounted: mounted on the roof of a building.
B. Side-mounted: mounted on the side of a building.
C. Ground-mounted: mounted on the ground
D. Structure-mounted: mounted on a structure other than a building.
MOTEL: A building or buildings intended and designed for transient overnight or extended
occupancy, divided into separate units within the same building with or without a public dining
facility. (Jessica)
8
MOTOR VEHICLE COMMERCIAL: Any vehicle used or designed to be used for business or
commercial purposes that infringes on the residential character of residential districts and
includes, but is not necessarily limited to: a bus, cement truck, commercial tree-trimming
equipment, construction equipment, dump truck, garbage truck, panel truck, semi-tractor, semi-
trailer, stake bed truck, step van, tank truck, tar truck, fire truck, or the like, or other commercial
type vehicle licensed by the state as a commercial vehicle or truck. (zoning committee)
MOTOR VEHICLE GENERAL OR BODY REPAIR: An establishment, garage or work area
enclosed within a building where repairs are made or caused to be made to motor vehicles and
their bodies, including fenders, bumpers and similar components of motor vehicle bodies, but
does not include the storage of vehicles for the cannibalization of parts or fuel sales. (Mark)
MUNICIPAL FACILITIES: Facilities owned or operated by the Town of Agawam. (Mark)
. NON-CORNFORMING BUILDING OR STRUCTURE: A building or structure, existing at
the effective date of this ordinance, or any subsequent amendment to, which does not conform to
one or more provisions of this ordinance. (Jessica)
NON-CONFORMING LOT: A lot lawfully existing at the effective date of this ordinance, or
any subsequent amendment to, which is not in accordance with all the provisions of this
ordinance. (Jessica)
NON-CONFORMING USE: A use lawfully existing at the time of adoption of this ordinance,
or any subsequent amendment thereto, which does not conform to one or more provisions of this
ordinance. (Jessica)
NURSING, REST HOME, OR CONVALESCENT HOME: An extended or intermediate care
facility licensed or approved to provide full-time convalescent or chronic care to individuals who,
by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
(Jessica)
OFF-STREET PARKING SPACE: A space of 200 square feet or more plus access and
maneuvering space, whether inside or outside a structure for exclusive use as a parking stall for
one motor vehicle, and further being surfaced with durable pavement. (Jessica)
OPEN SPACE: The space on a lot unoccupied by buildings, structures, driveways, off-street
parking or loading spaces or other impervious surfaces. (Jessica)
ORDINARY HIGH-WATER MARK: The highest point on the bank of a floodway or
floodplain at which the water level has been for a sufficient period of time to leave a definite
mark. (existing)
PERSONAL WIRELESS SERVICES: Commercial mobile services, unlicensed wireless
services and common carrier wireless exchange access services. These services include: cellular
services, personal communications services (peS), specialized mobile radio services and paging
services. (Existing)
9
PERSONAL WIRELESS SERVICE FACILITY: All equipment (excluding any repeaters)
with which a personal wireless service provider broadcasts and receives the radio frequency
waves which carry their services and all locations of said equipment or any part thereof. This
facility may be sited on one or more towers or structures(s) owned and permitted by another
owner or entity. (Existing)
PERSONAL WIRELESS SERVICE PROVIDER: An entity licensed by the FCC to provide
personal wireless services to individuals or institutions. (Existing)
PRINCIPAL BUILDING: A building in which is conducted the principal use of the lot on
which it is located. (Jessica)
PRINCIPAL USE: The main or primary purpose for which a structure or lot is designed,
arranged or intended, or for which it may be used, occupied or maintained under this ordinance.
Any other use within the main structure or the use of any other structure or land on the same lot
and incidental or supplementary to the principal use and permitted under this ordinance shall be
considered an accessory use. (Jessica)
RADIATION PROPAGATION STUDIES OR RADIAL PLOTS: Computer generated
estimates of the radiation emanating from antennas or repeaters sited on a specific tower or
structure. The height above mean sea level, power input and output, frequency output, type of
antenna, antenna gain, topography of the site and its surroundings are all taken into account to
create these simulations. They are the primary tool for determining whether a site will provide
adequate coverage for the personal wireless service facility proposed for that site. (Existing)
REAR YARD: The required unoccupied space or area within the rear lot line and the part of the
principal building nearest such rear lot line. (Existing)
RESTAURANT: A building, or portion thereof, which is designed, intended and used for the
indoor sales and consumption of food prepared on the premises, except that food may be
consumed out doors in landscaped terraces, designed for dining purposes, which are adjuncts to
the main indoor restaurant facility. The term "restaurant" shall not include "fast food
establishments". (zoning committee)
RESTAURANT, FAST-FOOD: An establishment engaged primarily in the business of
preparing food and purveying it on a self-service or semi self-service basis. Customer orders
and/or service may be by means of a walk-up counter or window designed to accommodate
automobile traffic. Consumption is either on or off the premises. (zoning committee)
RESTAURANT, DRIVE-IN AND DRIVE-THROUGH: A restaurant which provides
convenient vehicular access and may provide service to customers while in their vehicles.
(existing)
SANITARIUM: A hospital used for treating chronic and usually long-term illness. (Jessica)
SEMI-DETACHED DWELLING: A single-family residential unit that is joined on one side to
another single-family residential unit having a party wall between the units. (existing)
10
SERVICES, PROFESSIONAL: Establishments primarily engaged in rendering services by
professional persons on a fee or contract basis, including, but not limited to the following:
accounting, auditing, and bookkeeping; medical, dental or health; planning, engineering and
architectural; education and science; attorneys and notary publics; etc. (Jessica)
SETBACK: The minimum required unoccupied space or area between the street line of which
the building is numbered or would be numbered and the part of the building nearest such street
line, such unoccupied space or area extending the entire width or distance across the lot.
(existing)
SIDE LOT LINE: The line dividing one lot from another. (existing)
SIDE YARD: The required unoccupied space and area within the lot between the side lot line
and parts of the building nearest such side lot line. In the case of a comer lot, one of the side
yards shall be the unoccupied space or area between the street line of the side street and the parts
of the building nearest to such street line. (existing)
SIGN: Any device, surface or framework on which words, symbols or other designs, are
inscribed or displayed and designed to call attention thereto, including flags, banners and the like.
(existing)
SIGN, ACCESSORY: Any sign that advertises or indicates the person occupying the premises
on which the sign is erected or maintained or the business transacted thereon or the products sold
thereon. (existing)
SIGN, AREA OF:
A. Area of the face: The area of the face of a sign shall be considered to include all lettering,
working and accompanying designs and symbols, together with the background on which
they are displayed and any cutouts or extensions. (existing)
B. The area of a sign consisting of individual letters or symbols attached to or painted on a
surface, building, wall or window shall be considered to be that of the smallest quadrangle
or triangle which encompasses all the letters and symbols. (existing)
C. The area of a sign consisting of a three-dimensional object shall be considered to be the
area of the largest vertical cross section of that object. (existing)
D. In computing the area of the signs, both sides of v-shaped signs, but only one (1) side of
the back-to-back signs, shall be counted. (existing)
Sign, billboard: Any non-accessory sign greater in face area than 40 square feet. (existing)
Sign, color: The color concept of the sign shall be such that it does not violate the purpose of this
Article. (existing)
11
Sign, instructional: Signs indicating "entrance", "exit" or the like, erected on premises for the
direction of persons or vehicles. (existing)
Sign, outdoor advertising board: The Outdoor Advertising Board of the Commonwealth or any
board or official which may hereafter succeed to its powers or functions. (existing)
Sign, overhanging: A sign or other advertising device which hangs or extends over a sidewalk: or
a way in which the public has a right of access. Wall signs and standing signs shall not be
included in this definition. (existing)
Sign, real estate: A sign advertising the sale, rental or lease of the premises on which it is
maintained. (existing)
Sign, standing: A sign standing or hanging free on its own support; such support may be attached
to a building or fixed in or to the ground. "Standing signs" may have two (2) faces or sides
showing in opposite directions. (existing)
Sign, structure: The supports, uprights, bracing and framework of a sign. Any color applied to
the "structure" shall meet the purposes of this Article. (existing) . .
Sign, temporary: Any sign, including its supporting structure, intended to be maintained for a
period less than one hundred eight (180) days for agricultural purposes and sixty (60) days for any
other purposes. (existing)
Sign, wall: A sign fastened or affixed parallel to and within twelve (12) inches of the wall of a
building. (existing)
Sign, window: A sign painted or placed on the inside or outside of a window. (existing)
SINGLE-FAMILY DWELLING: A structure designed exclusively for and occupied
exclusively by one family. (zoning committee)
SITE PLAN: A plan, to scale, showing uses and structures proposed for a parcel of land as
required by the zoning regulations, including lot lines, streets, building sites, buildings, landscape
features, traffic circulation, parking, drainage, utilities, signs, topography and lighting within the
parcel. (Jessica)
SPECIAL PERMIT GRANTING AUTHORITY: The Board of Appeals of the Town of
Agawam. (zoning committee)
STORAGE CAPACITY OF A FLOODPLAIN: The volume of space above an area of
floodplain that can be occupied by flood water of a given stage at a given time, regardless of
whether the water is moving. (existing)
STORY: The horizontal portion through a building between floor and ceiling. The word "story"
shall not include the portion of the basement or cellar of a building above grade or an attic as
defined in this section. (existing)
12
STREET: An accepted city way, or a way established by or maintained under county, state, or
federal authority, or a way established by a subdivision plan approved in accordance with the
subdivision control law actually constructed to specifications or for which adequate security exists
to construct such a way. (Mark)
STREET RIGHT-OF-WAY: A general term denoting land, property or interest therein, usually
a strip acquired for or devoted to a planned roadway. A street right-of-way should be sufficient to
accommodate the ultimate roadway, including, but not limited to: the street pavement, shoulder,
grass strip, sidewalk, public utility facilities, street trees, and snow storage. (Jessica)
STREET LINE: The dividing line between a street and a lot and, in the case of a public way, the
street line established by the public authority laying out such way upon which the lot abuts.
(existing)
STRUCTURE: A combination of materials assembled at a fixed location to give support or
shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin fence,
sign, flagpole, recreational tramway, and mast for radio antenna or the like. The word "structure"
shall be construed, where the context allows, as though followed by the words "or part or parts
thereof". (zoning committee)
SUBSTANTIAL IMPROVEMENT IN THE FLOODPLAIN: Any repair, reconstruction or
improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the
assessed value of the structure either before the improvement is started or, 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. (existing)
TOWER: A monopole that is designed to support personal wireless service transmission,
receiving and/or relaying antennas and/or equipment. (Existing)
TRAILER: Any so-called automobile trailer, mobile home or trailer coach, including any
portable structure, means of conveyance or vehicle so designed or constructed, altered or
converted in any manner as to permit occupancy thereof for dwelling or sleeping purposes.
(existing)
TRUCKING TERMINAL: Terminal facilities for handling freight with or without maintenance
facilities. (Jessica)
UNREGISTERED MOTOR VEHICLES: Any motor vehicle or trailer not registered in
accordance with Massachusetts General Laws Chapter 90, or any motor vehicle which fails to
carry or display its license plate as provided in §6 of said Chapter 90; or any motor vehicle or
trailer owned by a non-resident who has failed to comply with the registration laws of the non-
resident state or country. (Zoning Committee)
USE, SUBSTANTIALLY DIFFERENT: A use which by reason of its normal operation would
cause readily observable differences in patronage, service, sight, noise, employment or similar
characteristics from the use to which it is being compared. (Jessica)
13
•
WIRELESS TELECOMMUNICATIONS OVERLAY DISTRICT (WTOD): Specific
area(s), detennined by engineering analysis to contain sites where adequate service may be
provided to the Town of Agawam, which, at the same time, have the potential of reducing or
mitigating negative impacts in accordance with the Overlay District as defined in this article.
(Existing)
YARD: A space open to the sky, located between a building or structure and a lot line,
unoccupied except by fences, walls, poles, paving, and other customary yard accessories. (Mark)
YARD, FRONT: A yard extending the full width of the lot and situated between the street line
and nearest point ofthe building. (Mark)
YARD, REAR: The required unoccupied space or area within the rear lot line and the part of the
principal building nearest such rear lot line. (Mark)
YARD, SIDE: The required unoccupied space or area within the lot between the side lot line and
parts of the building nearest such side lot line. In the case ofa corner lot one (1) of the side yards
shall be the unoccupied space or area between the street line of the side street and the parts of the
building nearest to such street line. (Mark)
14
.
TOWN OF AGAWAM
PROPOSED REVISIONS TO ARTICLE VI, DEFINITIONS J
ARTICLE I, General Provisions
§ 180-1 Purpose.
For the purpose of this Ordinance certain terms and words shall have the followin~
meaning Words used in the present tense include the future;.The plural number includes .--_
the singular; the words "used" or "occupied" include the words "designed", "arranged",
"jntended" or "offered to be used or occupied", the words "buUding" "stnlctYre" "Jqt"
"land" or "premises" shaH be constrJled as though followed bv the words "Of any portion
thereof: and the world "shaH" is always mandatory and not merely directory.
Terms and words not defined herein but defined in the state BuUdjng Code Of Subdivision
Regulations shan have the meanjDW) Wven therein unless a contrary intention clearly
aDpears. Words not defined in either place shan have the meaning given in the most recent
edjtion of Webster's JJnabddged Djctionaty.y __________________________________ ---
§ 180-2 Definitions
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
ABANDONMENT: The cessation of a nonconformjng use Of structure as jndicated by the
• visible or otherwise indicated intention to discontinue a nonconforming use of a structure
hr a lot or the cessation of a nonconforming use or structure by jts replacement with a
conforining use or structure.
~ ACCESSORY BUILDING --A subordinate building. located on the same Jot as the majn. or
-,' A. The singular
Deleted: number shall include the plural and t
Deleted: the word RIot" Includes .plot,.R the word
"building" includes -structure,-the 'WOrd
"occupied-includes ·deslgJ1ed.arranged or
intended to be OCCIlpied" and die word "used"
includes -designed, arranged or Intended to be
used.M
principal building or principal use !1.!~ ~e_ (~(~l.!i~l}!s customarilY, jncide~tal!~ !h_e_I!l~.!l_OI _ ... '" -1 Deleted: indudinga garage
principal use permitted in the district An accessQry building which js necessary jn
COMedian with the principal building of scientific research, scientific deyelopment or
related production and when the principal use of scientific research and development is
pennitted by right in a zoning-district may be permitted by special permit from the spedal
permit granting authority and does not have to be located on the same IQt as the principal
buUdjng if the special pennjt granting authority finds that the proposed accessory huiJdjng
does not substantially derogate from the pyblic good.
Page 1 of 10 ,
]
1
ADULT DAY CARE FACILITY: A building or structure where care protection. and
supervision are provided. on a regular schedule. to adults over the age of 18.
AGRICULTURE: The pfoduction. keepinl: or maintenance, for sale Of lease of plants and
anjmals useful to man jncluding but not limjted to; foral:es and sad crops' grains and seed
crops; dairy anjmals and dairy products. poultry and poultry products: livestock inc!lldin'l
beef cattle. swine borses mules. ponies. or goats or any mutations of hybrids hereof
includjng the breeding and grazing ofany or all such animals. bees. and apiary products. for
animals trees and forest products: fruits of all kinds includin'i grapes nuts and berries
vegetables. floral nursery ornamental and greenhouse products. Of lands devoted to a soil
conservation or forestey management program.
ALTERATION --Any construction. reconstruction or other action resulting in a chan~e in
the structural parts height nl~mher of stories exits. size, use Of location of a building or
,
III .-~ .. • • ..
III ..
~
~ .. --------1-~C!l:!r~!.. _______________________________________________________ --1 Deleted: A change In or addition to a , •
AMUSEMENT PARK --A commercially operated park with a predominance of outdoor
games and activities for entertainment, including shows or riding devices, games of skill or
chance, or any combination of shows, riding devices, water slides, miniature golf, batting
cages or any combination of several enterprises, such as revolving wheels, merry-go-
rounds, giant Swings, panoramas, musical and theatrical entertainments, or riding devices,
whether carried on, engaged in or conducted as one enterprise or by several
concessionaires, and whether an admission fee is charged for admission to all such shows
for entertainments, or a separate fee for admission is charged for each amusement [Added
2-20-2001 byTOR-2001-1]
• ANIMAL CLINIC OR HOSPITAL --A place where animals or pets are given medical or
• surgical treatment and the boarding of animals is Jjmited to sbort term care jncidental to
the hospital use.
IJ/ ..
!ali .. q ..
aI
APARTMENT HOUSE --A building oPr structure arranged, intended, an~ designed to be 1~~~~~~~~~~~~~;
occupied byJiy~ _oJ' }~Qr_eJ~tp.JI!~sJiying independently pfeach other. and each including its __
own separate kitchen and bathroom accommoQations .Garfl~I!-.ID:1~ !Ip'!m!,-e!l~ shaD be _::'
consjdered asap apartment bouse., -------~--------------- - ---------------'1~~~~~~~~~~~~~
AT]l~ _-: :r!J~ ],I!J6J)jsb~\l sQ,!c,!! _b_ep.y~~1! !l!e_ c_e!l!nlt ~(t!)~!~ ~P!Y Qt'! ~,!i!<!.il!g !I1!<! i~ !"QQt _ :
which is not used for living, sleeping or eating quarters.
BUILDING --A structure enclosed withjn exteriors. walls or firewalls. built erected and
framed of a combination of any materials whether portable or fixed. baving a roof. to form
Page ZollO
a structure for the shelter of persons. animals or property _ gO{;. Jh@ _l{'lrQ9se of this
definition "roof' shall include an awning or any similar covering whether or not
permanent in nature. The word "building" shall be construed, where the context requires,
Deleted: A combination of any materials,
whether portable or 8xed, having a roof to form a
structure for the shelter of persons, animals or
property
as though followed by the words "or part or parts thereof.'~_ c ________________________ -DeIeIa:I: A porch or an attached garage,
greenhouse or similar structure is to be
J3ygl':!l';~S __ -: _ E~\llishments primarily enllP!l;I'd in rendering service§ to busin~
eStabljshments on a fee or contract basis. including but not limited to the following;
advertising and mailjng' building majntenance; employment service' management and
consulting services; prOtective services' equjpment rental and leasing' commercial
considered as part ora building when considering
the requirements of setbacks and side or rear
,.."".
Deleted: BUOYANT MATERIAl. .-A material
which displaces an amountofwater equal to its
weight; capable of floating. 1
researrh,~¥ _________________________________________________________ --Deleted: The transacting or carrying on ora
trade or commercial enterprise with a view to
profit or for livelihood
CEI.I.AR: A portion ofa building partly or entirely below grade. which bas more than oue-
half (1/2) of its height measured from finished floor to finished ceilin!: below the averal:e
establjshed finished grade of the ground adjoinjng the building. A cellar is not deemed a
~
CEMETERY --Land used or intended to be used for the burial oBbe dead and dedicated for
cemetery purposes_ including colymbariurns crematoriums mausoleyms and funeral
establishments. when operated in conjunction With and within the boundary of such
cemete~ ----------------------------------------------------------
CHILD CARE EACILITV---Facilities that serve children under seven years of aee or sixteen
years if the children have special needs or school-age children (under fourteen years of age
or sixteen years jfthey have special needsJ in programs that are held before or after schoo]
hours Of during vacations.
CLUB OR LODGE PRIVATE: Buildings stmctpres and premises lIsed by a noo-profit social
or civic organization Of by a nonprofit organization catering exclusiyely to members and
their euests for social. civic. recreational. or athletic purposes which are not conducted
primarily for ~in and provided there are no vending stands mercbandjsjne or commercial
activities except as may be reqUired 'leneral1y for the membership arid pumoses of such
organization
_ Deleted: A place or area ofland set apart for the
burial of the dead, operated. managed and
controlled under the provisions ofMGL.
Tercentenary Edition, c. 114, ora burial place
under the care and supervision of the Town or
odieI' JnIblic authority
...c~.M~ IQl!Y _ :-_ ~ J!.uJldll1:8. fQl:!~il!.i!.lg 3_ ~~~e_ Q.~sJgI.!~d_ fl~Q J~te.!1!i~l! _tQ J~.e_ ~~~d_ fo]" _ ~ ... -Deleted: CORNER LOT .. A lot bounded on two l,m~·d~.~'b~y~ln~~~ .. ~~~n~'= .. ~.~~~f!_ ________ ~ cremating the dead and owned and controlled by a cemetery corporation or crematory -
corporation duly organized under the Jaws of the state.
DETACHED --Separate from.
Page 3ofl0
DWELLING --A building designed and occupied as the living quarters of one 11) or more
families Single-and two-family dwellings shaH be designed for an occupied by not more
than one (11 or two (2) fumilies respectively. A multifumily dwellinG' shall be one designed
for and occupied by three (3) or more fumilies. Hotels. lodging houses. hospitals.
membership clybs or dQrmitories shaH Dot be considered dwellineStr. ________________ .. " ..
EDUCATIONAL USE: Use of land or structures for educational purposes on land owned or
leased by the commonwealth or any of its agencies subdivisions or hodies politic or by a
religiQus sect or denomination or by a pon-profit educational corporation. Educational
facilities not exempted from regulation by G I. c. 4QA. s. 3
FAMILY --A number of indiyjduals related by blood. mardage and lor adQption or a grouP
of unrelated individuals not to exceed four (4) whQ are Qccupyjng a dwelling unit and living
as a single Donprofit bousekeeping unit This definition. however does not apply to DOD-
related disabled persons as defined by any 3gplicabJe federal and/or state Jaw and/Of
regulations.
Deleted: A building used exclusively as a
residence for one or more families.
.. • • • • • •
• • • • • • ~ _________________________________________________________________ ...... '" Deleted: Apersonora group of persons of
immediate kindred wh.o Dve together as a single
bousekeeping unit under one head. 1 FARM STAND: A facjlity for the sale ofmQ!iuce. and wjne and dairy products. provided that
during the months of June. luly AuIWst. and September of every year. or during the harvest
season of the primary crop the majority of such products for sale based on either gross
sales dollars or volume have been produced by the owner oftbe land containing mQre than
five acres in area 00 which the (acUity is located used primarily for agriculture FacUity for
the sale Qfproduce. wine and dairy products on property not exempted by G.!'. c. 40A. s. 3.
FENCE: An artificially constructed barrier of any material Of combination of materials
erected to enclose or screen areas ofland,, ____________________________________ .........
P"l\M~1l. _-: b!lY _b_uMtn.&, ~!t~tel'! is_ IsE~Jlt _o'!-'~~~teA '!.,!e_ ~t 1l1_0!~ !I!'!.tQ~ Y~l:!if~§,_ i!lfI!l>l!n.&, __ _
among others a public or private garage, motor vehicle repair shop or paint shop, service
station, lubritorium or any building used for similar purposes.
'.
GASOLINE SERVICE STATION --A gaSoline service station shaH include any busjness selling
or offeri02 for sale any motor fuel such as gasoline or diesel fuel. to the Uyblic whether or
not the public is permitteQ or expected to operate the pump to put the fuel jnto a motor
vehjcle's fuel tank or a container and shaU include e-asoline filing stations and gasoline se\f-
.service stations. For the purposes of this ordjnance gasoline service station shall also
include any site used or operated as a retail refueling site including the fuels of gasoline.
propane. electricity and hydrogen. (Approved by CouncilS/S/Q3)
Page4ofl0
• • •
DeletBd: FIR£.RESJSTING CONSTRUCI'ION •• AI
bUilding having exterior wa1ls of solid masonry ,...
incombustible material and a roofcovering of •
fire-resisting materia1s. 1
Deleted: FLOOD or FLOODING -A general an •
temporary condition ofpartlal or-comptete •.
Inundation of normally dry land areas from: 1 .
(1) The overflow ofinland or tidal waterS. II
(2) The unusual and rapid accumulation or
runoff of Sllrface waters from any source. 1
FLOODWAY •• The channel of a river or other J
watercourse cmd the adjacent land areas tbat
must be reserved in orderto discbarge the base
flood without cumulatively increasing the wate~
surface elevation more than one foot. 1 .•
FLOOOWA'i' FRINGE -'The land in the floodplain
within a communU;y subject:to a one-percentor
greater ch.ance of flooding in a given year that isl
lor:ated outside of the 8oodway. 1
1
I
I
I
I
I
I
.HALJ_ ~,!:QI!~ _-: }_h~ _SP.i'£~ p~~e_e-,,_ t}I~ _c.!'!I!nJL ~(t}I~ _tQI? ~ry _of ..a_~'!i~dj,-,g !',-,~!=J1~ !q~f __ --
where the area and height are sufficient for sleeping and living quarters.
HEIGHT --The vertical distance from the average finished grade of the adjacent grmmd to
the top of the structure of the highest roof beams of a flat roof. or the mean leyel-of the
highest gable or slope ofa hjp roofL _______________________________________ '" _'"
HOME OCCUPATION -An occupation. business trade service or profession wbich is
incidental to and conducted in a dwelling ynit or in a building or other accesso(Y structure
thereto. by a resident thereof
HOSPITAL --An jnstitution providing primary health services and medical or surgical care
to persons. primarily in-patients. suffering from illness disease. injury. deformity and other
ahnonnal physical or menta) conditions and includjng as an integral part of the institution.
related facilities such as laboratories outpatient facilities or ttajnjne-facilities a sanitarium
a sanitariym and djnic. The term "hospital" does not include a rest home. nursing home
and/or convalescent home., _______________________________________________ -
HOUSEKEEPING UNIT See definition of "family".
JUNK VEHICLES --Any wrecked damaged. destroyed. non-operational abandoned or
disassembled trailer bouse trajler boat tractor autornobUe aircraft. or oWer motor
yehicle or any parts thereoE A junk yehicle includes apparently inoperable. immobile
disassembled or extenSively damaged yehicles. Eyidence of nOD-operational and damaged
includes. but is not limited to. a buildup of debris that obstructs use a broken window or
windshield a missjn~ wheel. a flat tire, a nonfunctional motor or transmission missing
bumpers or missing license plates and the like
Deleted: GLAZED ENCLOSURE -The end(lsuI"e
of a porch for protection from the weather by a
framework built in ronfonnity with the rest(lfthe
house in which not less than 1/2 of the wall area
is glass. 1
Deleted: In reference to a building. thevertica1
distance between the highest point of the roof
and the average grade ofland Immediately
surrounding the building
Deleted: An institution where skk and disabled
persons are giwn medical.. surgical or
convalescent care
Deleted: HOTEL and MOTEL -AbuildJng
KE~NEL. COMMERCIAL --An establishment licensed to operate a facility housing dogs.
cats. 0fpther housebold pets and wbere grooming breedjng boarding trajnjng or selling
of animals is conducted as a business.
, operated by a duly licensed innbolderwhere
J lodging Is furnished or food is 5enled to transient
, orpermaneittguests which has a public dining
KENNEl, PRIVATE --Any buildjng Of land designed or arranged for the care oidogs cats
Of other household pm beJonging to the owner of the residential. principal use kept for
purposes DEshaw hunting or as pets.
, , , , , , , , ,
room and a genera] kitI:hen. 1 ,
JUNK -Articles sucb as old iron, brass,. copper.
lin, lead or other base metals, cordage, oid bags
and rap. wastepaper, paper clippings. scraps,
clips, rubber, glass. empty bottles, empty cans and
all other articles discarded and no longer used as
a manufactured article composed of anyone or
more of the materials mentioned but which may
be converted intxJ some other product byrneans
ofsorne manufacturing process. 1 .J..o.D_Gl~!,-!:l9)J§!l __ -: A .llJ,lilgjpg cqJ!J:giniqg, more ~!l!' five {!i) tQjl.giqg, u!ll~ for:. semj-:
permanent residence (longer than one 0) week) for compensation and which meals may
also be supplied as part of the fee, This shall not include bed and breakfast home uses
Deleted: A residence where lodglngs are let to
/ five or more persons not within the second
, degree ofklndred to the person conducting the
" house and which does not contain a public dining
congreeate housing motels. hotels. multi-family dwe1Ungs. or nursing homes.~ __________ / ~~:orcooklngradlitieslnanyrentedSleePiOg
Page 5 of 10
LOT _. An area ofland in one ownership. with definite boundaries. used or available for use
as the site of a prindpal building and its 'accessory buildings.
LOT. CORNER --A lot bounded with two (2) adjacent sides abutting upon streets or other
public spaces.
LOT. DEPTH OF --The mean distance from the street line of the lot to its opposite rear line
measured in the ~eneraJ direction of We side lines Qfthe lot
LOT. FRONTAGE OE --A lot line coincidinl: with the sideline of a street which proyjdes
both legal ri~hts of yehicular access and actual physical vehicular access to the lot
Frontage shall be measured continuously gIODe-a street or streets and shall be the
horizontal distance hetween the side lot lines measured at the pOint where the side lot lines
intersect with the front set back line.
LOT LINE --A Jine dividing one lot from another. or from a street Of any public place.
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LOT !.INE . REAR..:-J:h_e)!,~ till~ !,pPQsJ~e_ t)t!' _S!T.e!,~ tiJl~._e-,,~~pt_t)t .. t, jl! 1i!e_ "a§~ pf .. _c!'I1!e! ____ -(r.;""=-=I£d7:, LO=T:-:L'=NE:-------'J..,
lot, the rear lot line shall be the Jine opposite the street Jine on which the building is ..
numbered or would be numbered. Ie
MEDICAl. CENTER OR CLINIC --A bui/din!: desiened and used for the diagnosis and
treatment of human patients that does not include overnight care facilities.
MOTEl,' A building Of bujldjngs intended and designed for transient Overnight or extended
occupancy. divided into separate units within the same building with or without a public
•. dining facility
MOTOR VEHICLE. COMMERCIAL --Any yehicle used or designed to be used for bUSiness or
commercial purposes that infringes ou the residential character ofresjdentiaJ districts and
includes. but is not necessariLY limited to: a bus cement truCk commercia) tree-trimming
equipment construction equipment dump truck garbaie truck. pane] truck. semi-tractor.
semi-trailer, stake bed m1ck step van. tank tOJek. tar truck fire truck Of the lUre. Of other
commercial type vehicle Ucensed by the state as a commercial vehicle Of truck
MUNICIPAL FACILITIES --Facilities owned or operated by tbe Town of Agawam
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NONCONFORMING BUILDING OR STRUCTlJRE n A building or structure, existing at the
effective date afthis ordinance. or any subsequent amendment to. which does not conform
to one Of more provisions oftbis Qrdinance.
NONCONFORMING LOT --A lot lawfully existin~ at the effeCtive date of this ordinance Of
any subseguent amendment to which is not in accQrdance with all the provisions of this
ordinance
NONCONFORMING USE n A use lawfully existing at the time ofadoption ofthjs ordjnance,
or any subsequent amendment thereto which does not ,ourann to ODe or more provisions
Oftbis ordinance
NURSING, REST HOME, OR CONVALESCENT HOME --An extended or intermediate care
facility licensed Of approved to provide fun-time convalescent or chronic care to
indMduals who, by reason of advanced age. chronic jUness Of infinnity are unable to care
for themselves ..
OFF-STREET PARKING SPACE --A space of .w!l..s_q~r~ f~eJ_<?r_ ~_or~ 1ll1!'i ilc<;!:s~ and _ --1c.: .... =-='c:'.:: .. '--______ ----'
maneuvering space. whether inside Of Qut<tide a structure for exclusive use as a parkins
stall for one motor vehicle and further being sudaced with durable navement
OPEN SPACE' The space on a lot unoccupied by buildings structures. driveways off-street
parking or loading spaces or other impervious surfaces.
J'NJII~!?ALJ~glLP)JII9_ ~:A building in which is conducted the prin,\:ipal use of the lot on
which it is located ----------------------------------------------------',"
~ ¥t>lW_ :-_'I:i!.exeB.!'jr~~ .!l.!lp,,-u'pj~«! ~I!'!.c~ _oLar~'!. ~~l'! fue_ ~ei'! 1<?t Jin_e _ a_nA ~~ Jl!Irt,
-Deleted: wlthln a structure or In the open for
the parking of a motor vehicle on any land owned,
rented or leased for sucb purposes.
Deleted: ORDINARY HIGH-WATER MARK -The
highest point on the bank of a Roodway or
floodplain at which the water level has been for a
sufficient period of time to leave a definite mark. 1
DekJtBd: The maIn or most Important building
on a lot Attaclwd structures such as garages,
of~e principal building nearest such rear lot line, ", greenhouses and similar units are to be
considered as part of the ·principal building.·
RESEARCH OFFICE OR ESTAB!.!SHMENT --A facility primarily for scientific or product
research. investigation testing or experimentation along with incidental offices incidental
storage. incidental manufacture and sale of products. and incidental employee-only
facilities.
RESTAURANT --A building, or portion thereof. which is designed, intended and used for
the indoor sales and consumption of food prepared on the premises
Page 70110
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Deleted: PROFESSIONAL ENGINEER -A person
empjoyed in a practice of engineering as defined
in MGt.. Tercentenary Bilidon, C. 112.§81D. 1
REAR LOT LINE ." The IotIine opposite the street
line, except that, in tile case of a comer lot, the
rear lot line shall be the line opposite tile street
line on which tile building Is numbered or would
be numbered. 1
RESTAURANT, DRIVE-IN AND DRIVE-THROUGH --A restaurant which provideS"Convenient
vehicular access and may provide service to customers while in their vehicles. [Added 3-
21-1994 by TOR-94-1l
REST HOME, NURSING HOME or CONVALESCENT HOME --An establishment for the
recuperation or treatment of invalid or convalescent persons.
RETAIL SHOPPING CENTER _. A group of commercial establishments planned, constructed,
and managed as a unified entity under common ownership and management with
customer and employee parking provided on-site, provision for goods delivery separated
from customer access, and aesthetic considerations. Commercial establishments allowed in
retail shopping centers shall not include, as a principal or accessory use, motor vehicle
services, such as new or used motor vehicle sales, "freestanding tire, brake and muffler
shops, automobile repair shops, gasollne stations or any accessory uses or accessory
buildings. Retail shopping centers as defined herein which comprise five acres or more
shall be granted only by special permit. The special permit granting authority shall be the
Agawam City Council. [Added 2-6-2006 by TOR-ZOOS-1Zl
SANITARIUM --A hospital used for treating chronic and usuallY long-term illness.
_ Deleted: An institution fortbe recuperation or
't -- - - - - --- ------------- - - - - - - ---------- ------------------ - ----------treabnentofpersons suffering from physical or ~~~JI?~T~~!f~I? J)_~!'U,!G. ~:~ ..si'!&!e.-~iJy re..si<!e_n_tl_a! !'!l!):.!i>'!tJ~ i~i!l~<! g!l.9!'!' ..sid .. _!:!> _ _ ~m::.:::n;:ta:.:' "':::'::0"':::"'::.:.. _______ _
another single-family residential unit having a party wall between the units. _, SCHOOL .. A boil'in ....... ' to
SERVICES PROFESSIONAL --Establishments primarily engaeed in renderin~ services by
professional persons on a fee or contract basis. including but not limited to the following:
accounting auditing-. and bookkeeping: medical dental or health' planning engineering
andpfchitecturnl: education and science' attorneys and notary puhlics: etc.
instruction oreducadon in primary, elementary
or high school grades on a nonprofit basis. ,
SECONDHAND MATERIAL --Material articles or
machinery which have been used or owned by
some person other thaD the dealer offering the
same for sale and which may again be used
withootalteration. 1
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"t. _________________________________________________________________ ... _-Deleted; SERVICE -Tbe performance orabyact
for the benefit or another wfth a view to p roftt 0 SETBACK --The minimum required unoccupied space or area between the street Jine of fo ... " .. 'lbood. 1 ~~==~----------~ which the building is numbered or would be numbered and the part of the building nearest a
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such street line, such unoccupied space or area extending the entire width or distance
across the lot.
SIDE LOT LINE --The Jine dividing one lot from another.
SIDE YARJ) --The required unoccupied space or area within the lot between the side lot
Jine and parts of the building nearest such side lotline. In the case ofa comer lot, one of the
side yards shall be the unoccupied space or area between the street line of the side street
and the parts of the building nearest to such street line.
PageS of 10
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SINGLE"FAMILY DWELLING A structure designed exclusively for· and occupied
exclusiyely by one family,
SITE PLAN n A plan. to scale showing uses and structures proposed for a parceJ of land as
required by the zoning reguJations jnclyding Jot lines streets building sites buiJdings
Jandscape features traffic circulation parking. drainage. utilities signs. topography and
lighting within the parcel.
SPECIAL PERMIT GRANTING AllTHORITY .. The Board of Appeals ofthe Town of Agawam,
..s:r91lcY_ :"_ Tl!'!. !lQ~~~llt:;I~ p~r:t!.O.!l_1;h!Ql!gh ~ _b!l!19!n_gJ1'!.~-"~!' J10PI _a!19 _c~!ILn.& :r!l~ ~'1.r.9 __ " -
"story" shall not include the portion of the basement or cellar of a bUilding above grade or
an attic as defined in this section,
STREET --An accepted dty way, or a way established by or maintained under county
state Of federal authoritll. or a Wi\¥ e~bU~!wd und.w ~ubdiyj§ioD_ plan gUQroved iD ___ -
accordance with the subdivision control Jaw actually constructed to spedfications or for
which adequate security exists to comi1nlct such way.
STREET RIGHT·QF-WAY --A general term denoting land. property or interest therejn
usually a strip acquired for or devoted to a planned roadway. A street right-of-way should
be sufficient to accommodate the ultimate roadway including but not limited to' the street
pavement shoulder grass strip. sidewalk public utility facilities. street trees and snow
stora~·
~------------------------------------------------------------------STRUCTURE "" A combination of materials assembled at a fixed location to give support or
shelter, such as a building, framework or retaining wall, tent reviewing stand, platform,
bin, fence sjgn. flagpole recreational tramway mast for radjo antenna or the Wee. The
Deleted: STORAGE CAPACITY OF A
FLOODPLAIN II The volume of space above an
area of tloodplain that cap be occupJed by
fIoodwa~r of a given stage at a gtwn time.
regardless of whether the water is moving. 1
Deleted: wbether public or private, setaslde for
the passage of persons. animals or vehicles and
including streets, avenues. boulevards, parkways,
roads, alleys, lanes and viaducts.
Deleted: STREET LINE -Thedividingline
between a street and a lot and, In the case of a
public way, the street line established by the
public authority laying olltsum way upon which
the lot abuts. 1
word "structure" shall be construed, where the context allows, as though followed by the Del ..... : SUBOMSION -Th.divl,'onofa'ot.
words nor part or parts thereof. n " tractor parcel oflarad into two or more lots. sites
J or divisions ofland In such a manner as to require
I I provision for a street for the purpose. whetber
"-" immedIate or future. ofsale or buDding .]~~~~ _-: ~!lY _S2:~!1~~ ~.!l!'!I!.1QQi!~ !fE.H~1j .!l!'!bjle_ i!~~~ 9!' ~aj~!, J:Qi!~h.l !I!CJl!«!i!tg~.!lY _I development The word ·sltbdivision-shall
bl f h' I d' d d, I d inc!ude"resubdivislon-inreladngtotne porta e structure, means a conveyance or ve Ie e so eSlgne or constructe a tere or processes ofsubdividingor to land already
converted in any manner as to permit occupancy thereof for dwelling or sleeping purposes, "bdmd.d, whoo appropriate to th. ",.text. 1
SUBSTANTIAL IMPROVEMENT IN THE
TRIlCK TERMINAl. n Termjnal facilities for handling freight with or without maintenance
facilities.
UNREGISTERED MOTOR YEHICLES "" Any motor yehicle or traiJer not registered in
aCCQrdance with Massachusetts General laws Chapter 90 or any motor vehicle which fails
Page 9 of 10
FLOODPLAIN -Any repair, reconstruction or
improvement of a structure. the cost of which
equals or exceeds 50% of the assessed value of
the structure either before rhe improvement is
started or, If the structure bas been damaged and
is being restored. before the damage occurred.
Substantial Improvement is started wben the first
alteration ofanystrucwral part of the building
commences. [Amended 5·20-2002 byTOR-2002-
151 1
to car!}' or display its license plate as provided in § 6 of said Chapter 90; Of any motor
vehicle Of trailer owned by a non-resident who has failed to comply with the reflistratjon
laws oftbe non-fesident state or country.
lISE ACCESSORY --A use incidental and subordinate to the principal use of a structure or
lot. or a use. not the principal structure. When the principal use is permitted by rjght in a
zoning distrjct an accessory use for scientific research deyelopment or related production
may be pennitt;ed by spedal permit from the special permit granting authority and the use
does not have to be located on the same lot as the principal permitted use if the special
permit granting authority finds that the proposed accessory use does not derogate from the
public &ood.
USE. NONCONFORMING --A use lawfully existing at the time of adoption of this ordinance
Of any subsequent amendment thereto wbich does Dot conform to one Of mQre proYisjons
afthis ordinance.
!JSE PRINCIPAl.-The main or prjmary purpose for whicb a structure or lot is designed,
arranged or intended Of for which it may be used. occupied oc maintained ynder this
ordinance. Any other use within the main structure or the use of any other structure Of
land on the same lot and incidental or supplementary to the principal use and permitted
under this ordinance shall be considered an accessory use.
JJSE SUBSTANTIALLY DIFFERENT: A use which by reason of its normal operation would
cause readily obseryabJe differences in patronage service sidJt. noise employment or
similar characteristiCS from the use to which it is being compared .
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.¥1\RI1:_ltJ?2rnQJ1.Qf lL19!_UD21L~.bicJLth~_~Jj1J£i-pglj;H:dlgjllgJ.§_:aiw~ecL, u_n.9b~tI:Y~fL ~ _ -Deleted: VEHICLE -Anything ill or on which
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\ person or dUlig is or may be camed, or any artificially from the ground to the sky except as otherwise provided herein. A court shan \, moving support or container for the conveyance
not be considered to be a yard or any part thereof. "}"Of"'b .. Ui;;;ky..;O"'b):::_:"" _______ ...... .,,,.
YARD. FRONT: A yard extending for the full width of the lot between the front line of the
nearest building waU and the front lot line.
YARD REAR: A yard. except by a necessary sm1ctYre Of accessory use as herein permitted
extendjnll for the fun width ofthe lot between the rear !jne of the building wall and the rear
lot line.
YARD. SIDE: Yard extending for the full length of a building between the nearest building
wan and the side lot line.
Page 100110
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ARTICLE VI. DEFINITIONS (August 1, 2003 revised with input from Zoning"
Review Committee meeting 7/21) .
In this ordinance, the following terms and constructions shall apply unless a contrary
meaning is required by the context or is specifically prescribed in the text of the ordinance.
Words used in the present tense include the future. The singular includes the plural and
the plural includes the singular. The word "shall" is mandatory and "may" is permissive
or discretionary. The word "and" includes "or" unless the contrary is evident from the
text. The word "includes" or "including" shall not limit a term to specified examples, but
is intended to extend its meaning to all other instances, circnmstances, or items of like
character or kind. The word "lot" includes "plot"; the word "used" or "occnpied" shall be
considered as thongh followed by the words "or intended, arranged, or designed to be used
or occupied". The words "building," "structure," "lot," or "parcel," shall be construed as
being followed by the words "or any portion thereof." The word "person" includes a firm,
association, organization, partnership, company, or corporation, as well as an individual.
Accessory building: A subordinate building, including a garage, located on the same lot as the
main, or principal building or principal use, the use of which is customarily incidental to that
of the principal building or use of the land.
Accessory use: A use customarily incidental to that of the main or principal building or use
of the land contained in the principal building.
Adequate coverage: Coverage is considered to be "adequate" within that area surrounding a base
station where the predicted or measured median field strength of the transmitted signal for at
least 75% of the covered area is greater than -95 dbm. It is acceptable for there to be holes
within the area of adequate coverage where the signal is less than -95 dbm, as long as the signal
regains its strength to greater than -95 dbm further away from the base station. For the limited
purpose of determining whether the use of a repeater is necessary or desirable, there shall be
deemed not to be adequate coverage within said holes. The outer boundary of the area of
adequate coverage, however, is that location past which the signal does not regain a strength of
greater than -95 dbm.
Adequate capacity: Capacity is considered to be "adequate" if the grade of service is p.05 or
better for a worst case day in a preceding month, based on the Erllang B Tables, prior to the date
of application; or as measured using direct traffic measurement of the personal wireless service
facility in question for existing facilities requesting major modification and where the call
blocking is due to frequency contention at the antenna(s).
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Adult day care facility: A building or structure where care, protection, and supervision are
provided, on a regular schedule, to nonresident adults over the age of 18.
Adult entertainment establishments: Shall include and be defined as follows:
ADUL T ENTERTAINMENT USES -Include the following uses:
A. Adult bookstores, as defined in MGL c. 40A, § 9A.
B. Adult motion-picture theaters, as defined by MGL c. 40A, § 9A.
C. Adult paraphernalia store, as defined by MGL c. 40A, § 9A.
D. Adult video store, as defined by MGL c 40A, § 9A.
E. Establishment which displays live nudity for its patrons, as dermed by MGL c.
40A, § 9A.
Agriculture: Primary use of land for agriculture, horticulture, floriculture, or viticulture
on a parcel of more than five acres in area ..
Agricultural use, nonexempt: Agricultural use of property not exempted by G.L c. 40A, s.
3.
Alteration: As applied to a building or structure, a change or rearrangement in the
structural parts or in the existing facilities, or an enlargement whether by extending on a
side or by increasing in height, or the moving from one (1) location or position to another.
Amusement Park: A commercially operated park with a predominance of outdoor games and
activities for entertainment including shows or riding devices, games of skill or chance, or any
combination of shows, riding devices, water slides, miniature golf, batting cages or any
combination of several enterprises, such as revolving wheels, merry-go-rounds, giant swings,
panoramas, musical and theatrical entertainments, or riding devices, whether carried on, engaged
in or conducted as one enterprise or by several concessionaires and whether an admission fee is
charged for admission to all such shows for entertainments, or separate fee for admission is
charged for each amusement.
Animal hospital: A place where animals or pets are given medical or surgical treatment
and the boarding of animals is limited to short term care incidental to the hospital use.
Antenna: A device which is attached to a tower, or other structure for transmitting and receiving
electromagnetic waves.
Apartment House: A building of fire-resisting construction as dermed in this section arranged
and having accommodations for five or more families with separate or joint entrances, services
or facilities; "apartment house" shall include garden-type apartments and all similar residences.
Attached: Connected to or united with.
-2-
Attic: The space between the ceiling of the top story of a building and its roof which is not used
for living, sleeping or eating quarters.
Automobile Repair Service: General repair, rebuilding or reconditioning of engines, motor
vehicles or trailers, including body work, framework, welding and major painting service.
Base station: The primary sending and receiving site in a wireless telecommunications network.
Bill Board: Any non-accessory sign greater in face area than forty (40) square feet.
Building: A combination of any materials, whether portable or fixed, having a roof to form a
structure for the shelter of persons, animals or property. The word ''building'' shall be construed,
where the context requires, as though followed by the words "or part or parts thereof'. A porch
or an attached garage, greenhouse or similar structure is to be considered as part of a building
when considering the requirements of setback and side or rear yards.
Building height: The vertical distance from the average grade ofland immediately surrounding
the building to the highest point of the roof. When a building faces more than one street, the
height shall be measured from the average of the grade at the center line of each street front. Not
included are spires, cupolas, antennae, or similar parts of structures which do not enclose
potentially habitable floor space.
Building, principal: A building in which is conducted the main or principal use ofthe lot on
which said building is situated.
Buoyant material: A material which displaces an amount of water equal to its weight; capable of
floating.
Business: The transacting or carrying on of a trade or commercial enterprise with a view to profit
or for livelihood.
Business or professional office: A building or part thereof, for the transaction of business
or the provision of services exclusive of the receipt, sale, storage, or processing of
merchandise.
Cemetery: A place or area ofland set apart for the burial of the dead, operated, managed and
controlled under the provisions ofMGL, c. 114, or a burial place under the care and supervision
of the town or other public authority.
Channel: The segment of the radiation spectrum from an antenna which carries one signal. An
antenna may radiate on many channels simultaneously.
Child care facility: A child care facility as defined in G.L. c. 28A, s. 9.
-3-
Club or lodge, private: Buildings, structures and premises used by a non-profit social or civic
organization or by a nonprofit organization catering exclusively to members and their guests for
social, civic, recreational, or athletic purposes which are not conducted primarily for gain and
provided there are no vending stands, merchandising, or commercial activities except as may be
required generally for the membership and purposes of such organization.
Commercial recreation, indoors: A structure for recreational, social or amusement
purposes, which may include as an accessory use the consumption of food and drink,
including all connected rooms or space with a common means of egress and entrance.
Places of assembly shall include theaters, concert halls, dance halls, skating rinks, bowling
alleys, health clubs, dance studios, or other commercial recreational centers conducted for
or not for profit.
Commercial recreation, outdoors: Driving range, bathing beach, sports club, horseback
riding stable, boathouse, marina or other commercial recreation carried on in whole or in
part outdoors, except those activities more specifically designated in this ordinance.
Communication equipment shelter: A structure located at a base station designed principally to
enclose equipment used in connection with personal wireless transmissions.
Convenience store: A retail store that sells groceries and may also sell gasoline; does not
include automotive service stations, or vehicle repair shops.
Crematory: A building containing a furnace designed and intended to be used for cremating the
dead and owned and controlled by a cemetery corporation or crematory corporation duly
organized under the laws of the state.
DBM: Unit of measure of the power level of an electromagnetic signal expressed in decibels
referenced to I milliwatt.
Detached: Separate from.
Dwelling: A building designed and occupied as the living quarters of one (I) or more
families. Single-and two-family dwellings shall be designed for an occupied by not more
than one (1) or two (2) families, respectively. A multifamily dwelling shall be one designed
for and occupied by three (3) or more families.
EMF: Electromagnetic frequency radiation.
Earth removal: Extraction of sand, gravel, top soil, or other earth for sale or for use at a
site removed from the place of extraction exclusive of the grading of a lot preparatory to
the construction of a building for which a building permit has been issued, or the grading
of streets in accordance with an approved definitive plan.
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Educational use: Use ofland or structures for educational purposes on land owned or
leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a
religious sect or denomination, or by a non-profit educational corporation. Educational
facilities not exempted from regulation by G.L. c. 40A, s. 3.
Erect: To build, construct, reconstruct, move upon, or conduct any physical development
of the premises required for a building; to excavate, fill, drain, and the like preparation for
building shall also be considered to erect.
Essential services: Services provided by a public service corporation or by governmental
agencies through erection, construction, alteration, or maintenance of gas, electrical, steam,
or water transmission or distribution systems and collection, communication, supply, or
disposal systems whether underground or overhead, but not including wireless
communications facilities. Facilities necessary for the provision of essential services
include poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call
boxes, traffic signals, hydrants and other similar equipment in connection therewith.
FCC: Federal Communications Commission. The government agency responsible for regulating
telecommunication in the United States.
FCC 96-326: A report and order which sets new national standards for emissions of Radio
Frequency emissions from FCC-regulated transmitters.
Facility site: The location within a Wireless Telecommunications Overlay District leased by
one or more personal wireless service provider and upon which one or more personal
wireless service facility(s) and required landscaping are located.
Family: Any number of individuals living and cooking together on the premises as a single
housekeeping unit.
Family day care facility: Any private residence which on a regular basis receives for
temporary custody and care during part or all of the day, children under seven (7) years of
age or children under sixteen (16) years of age if such children have special needs.
Provided, however, in either case, that the total number of children shall not exceed more
than six (6), excluding participating children living in the residence.
Farm stand: A facility for the sale of produce, and wine and dairy products, provided that
during the months of June, July, August, and September of every year, or during the
harvest season of the primary crop, the majority of such products for sale, based on either
gross sales dollars or volume, have been produced by the owner of the land containing
more than five acres in area on which the facility is located used primarily for agriculture.
Facility for the sale of produce, wine and dairy products on property not exempted by G.L.
c. 40A, s. 3.
-5-
Fire-resisting construction: A building having exterior walls of solid masonry or incombustible
material and a roof covering of fire-resisting materials.
Flood or flooding: A general and temporary condition of partial or complete inundation of
normally dry land areas from:
(I) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Floodway: The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one (l) foot.
Floodway fringe: The land in the floodplain within a community subject to a one-percent or
greater chance of flooding in a given year that is located outside ofthe floodway.
Funeral home: Facility for the conducting of funerals and related activities such as
embalming.
GHZ or Gigahertz: One billion hertz.
Garage, Private: A building or space used as an accessory to or a part of a main building
permitted in any residential district, and providing for the storage of one or more motor
vehicles and in which no business, occupation or service for profit is in any way conducted.
Garage, Public: A garage, other than a private or storage garage, which is used for the
short-term parking of vehicles.
Garage, Repair: A building or portion thereof, other than a private or storage garage,
designed or used for equipping, services, repairing, hiring, selling, and/or storing of motor
vehicles. The term repairing shall not include an automobile body repair shop nor the
rebuilding, dismantling, or storage of wrecked or junked vehicles.
Gasoline Service Station: A gasoline service station shall include any business selling or
offering for sale any motor fuel, such as gasoline or diesel fuel, to the public, whether or not
the public is permitted or expected to operate the pump to put the fuel into a motor
vehicle's fuel tank or a container, and shall include gasoline filing stations and gasoline
self-service stations. For the purposes of this ordinance gasoline service station shall also
include any site used or operated as a retail refueling site, including the fuels of gasoline,
propane, electricity and hydrogen. (Approved by Council 5/5/03)
Glazed enclosure: The enclosure of a porch for protection from the weather by a framework built
in conformity with the rest of the house in which not less than one-half(1I2) of the wall area is
glass.
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Grade of service: A measure of the percentage of calls which are able to connect to the base
station, during the busiest hour of the day. Grade of service is expressed as a number, such as
p. 05 which means that 95% of callers will connect on their first try. A lower number (p. 04)
indicates a better grade of service.
Half story: The space between the ceiling of the top story of a building and the roof where the
area and height are sufficient for sleeping and living quarters.
Hazardous material: Any substance which is listed in, but not limited to, the EPA priority
pollutants as described in section 307(a) of the Clean Water Act, as amended.
Height: In reference to a building, the vertical distance between the highest point of the roof and
the average grade ofland immediately surrounding the building.
Hertz: One hertz is the frequency of an electric or magnetic field which reserves polarity once
each second, or one cycle per second.
Home occupation: An occupation, business, trade, service or profession which is incidental
to and conducted in a dwelling unit or in a building or other structure accessory thereto, by
a resident thereof.
Hospital: An institution where only sick and disabled persons are given medical, surgical or
convalescent care.
Junk: Articles such as old iron, brass, copper, tin, lead or other base metals, cordage, old bags
and rags, wastepaper, paper clippings, scraps, clips, rubber, glass, empty bottles, empty cans and
all other articles discarded and no longer used as a manufactured article composed of anyone (I)
or more of the materials mentioned but which may be converted into some other product by
means of some manufacturing process.
Junk Vehicles: Any wrecked, damaged, destroyed, non-operational, abandoned or
disassembled trailer, house trailer, boat, tractor, automobile, aircraft, or other motor
vehicle, or any parts thereof. A junk vehicle includes apparently inoperable, immobile,
disassembled or extensively damaged vehicles. Evidence of non-operational and damaged
includes, but is not limited to, a buildup of debris that obstructs use, a broken window or
windshield, a missing wheel, a flat tire, a nonfunctional motor or transmission, missing
bumpers, or missing license plates and the like.
Junkyard or automobile graveyard: The use of any area or any lot, whether inside or
outside of a building, for the storage, keeping, or abandonment of junk, scrap or discarded
materials, or the dismantling, demolition, or abandonment of automobiles, other vehicles,
machinery, or parts thereof.
Kennel: Premises used for the harboring and/or care of more than three (3) dogs or other
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domestic, non-farm animals (three (3) months old or over). Use shall be so classified
regardless of the purpose for which the animals are maintained, whether fees are charged
or not, and whether the use is a principal or accessory one.
Light manufacturing: Fabrication, assembly, processing, finishing work or packaging.
Loading space, off-street: Space located on the same lot with principal building, or
contiguous to a group of buildings, for bulk pickups and deliveries, scaled to delivery
vehicles expected to be used, and accessible to such vehicles when required off-street
parking spaces are filled. It shall abut a street, alley, or other appropriate means of ingress
or egress.
Lodging House: A residence where lodgings are let to five (5) or more persons not within the
second degree of kindred to the person conducting the house and which does not contain a public
dining room or cooking facilities in any rented sleeping room.
Lot: An area ofland in one (1) ownership, with definite boundaries, used or available for use as
the site of a principal building and its accessory buildings.
Lot, area of: The horizontal area of the lot exclusive of any area in a street or recorded way
open to public use.
Lot, corner: A lot with two (2) adjacent sides abutting upon streets or other public spaces.
Lot, depth of: The mean distance from the street line of the lot to its opposite rear line
measured in the general direction of the sidelines of the lot.
Lot, Frontage of: A lot line coinciding with the sideline of a street which provides both
legal rights of vehicular access and actual physical vehicular access to the lot Frontage
shall be measured continuously along a street or streets and shall be the horizontal
distance between the side lot lines measured at the point where the side lot lines intersect
with the front set back line. At the rear lot line, the width shall be no less than 25% ofthe
required lot frontage in that District.
Lot line: A line dividing one lot from another, or from a street or any public place.
The rear lot line shall be the lot line opposite the street line, except that, in the
case of a corner lot, the rear lot line shall be the line opposite the street line on
which the building is numbered or would be numbered.
The side lot line shall be the line dividing one lot from another.
Lot, width of: The horizontal distance between side lot lines, measured parallel to the
frontage at the front yard setback line.
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MHZ or Megahertz: One million hertz.
Major modification of an existing facility: Any change or proposed change in power input or
output, number of antennas, change in antenna type or model, repositioning of antenna(s),
change in number of channels per Antenna above the maximum number approved under an
existing special permit. Also any increase, or proposed increase in dimensions of an existing and
permitted tower or other structure designed to support personal wireless service transmissions,
receiving and/or relaying antennas and/or equipment.
Medical center or clinic: A building designed and used for the diagnosis and treatment of
human patients that does not include overnight care facilities.
Mile: A "mile" (5,280 feet) is to be measured from a point on an imaginary line which is
perpendicular to the vertical line at that point.
Monitoring: The measurement, by the use of instruments in the field, of the radiation from a Site
as a whole or from individual personal wireless service facilities, towers or antennas.
Monitoring protocol: The testing protocol initially the Cobbs Protocol which is to be used to
monitor the emissions from existing and new personal wireless service facilities and towers upon
adoption of this Ordinance. The SPGA may, as the technology changes, require, by written
regulation, the use of other testing protocols. A copy of the monitoring protocol shall be on file
with the Town Clerk.
Monopole: A single self-supporting vertical pole with below grade foundations.
Motel: A building or buildings intended and designed for transient overnight or extended
occupancy, divided into separate units within the same building with or without a public
dining facility. If motel has independent cooking facilities, such unit shall not be occupied
by any guest for more than four (4) continuous months, nor may the guest reoccupy any
unit within thirty (30) days of a continuous four month stay, nor may the guest stay more
than six (6) months in any calendar year. No occupant of such motel may claim residency
at such location.
Motor vehicle, commercial: Any vehicle used or designed to be used for business or
commercial purposes that infringes on the residential character of residential districts and
includes, but is not necessarily limited to: a bus, cement truck, commercial tree-trimming
equipment, construction equipment, dump truck, garbage truck, panel truck, semi-tractor,
semi-trailer, stake bed truck, step van, tank truck, tar truck, fire truck, or the like, or other
commercial type vehicle licensed by the state as a commercial vehicle or truck.
Motor vehicle general or body repair: An establishment, garage or work area enclosed
within a building where repairs are made or caused to be made to motor vehicles and their
bodies, including fenders, bumpers and similar components of motor vehicle bodies, but
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does not include the storage of vehicles for the cannibalization of parts or fuel sales.
Motor vehicle light service: Premises for the supplying of fuel, oil, lubrication, washing, or
minor repair services, but not to include body work or painting.
Mount: The structure or surface upon which antennas are mounted, including the following four
types of mounts:
(1) Roof-mounted: mounted on the roof of a building.
(2) Side-mounted: mounted on the side of a building.
(3) Ground-mounted: mounted on the ground.
(4) Structure-mounted: mounted on a structure other than a building.
Municipal facilities: Facilities owned or operated by the Town of Agawam.
Non-conforming use: A use that was valid when brought into existence, but by subsequent
regulation becomes no longer conforming. Non-conforming use is a generic term and
includes: (1) non-conforming structures (by virtue of size, type of construction, location on
land, or proximity to other structures); (2) non-conforming use of a conforming building;
(3) non-conforming use of a non-conforming building; and (4) non-conforming use of land.
Non-conforming building: A structure or building, the size, dimensions, or location of that
was lawful prior to the adoption of, revision, or amendment to a zoning ordinance, but
which fails by reason of such adoption, revision, or amendment to conform to the present
requirements ofthe zoning district.
Non-conforming Lot: A lot that lawfully existed prior to the enactment of the requirements
of this chapter, but which does not meet the minimum lot size or frontage requirements of
the zoning district in which it is located.
Nursing, rest home, or convalescent home: Any building with sleeping rooms where persons
are housed or lodged and furnished with meals and nursing care for hire.
Off-street parking space: A space of one hundred forty-four (144) square feet or more within a
structure or in the open for the parking of a motor vehicle on any land owned, rented or leased
for such purposes.
Ordinary high-water mark: The highest point on the bank of a floodway or floodplain at which
the water level has been for a sufficient period of time to leave a definite mark.
Outdoor advertising board: The Outdoor Advertising Board of the Commonwealth or any board
or official which may hereafter succeed to its powers or functions.
Person: Includes an individual, corporation, society, association, partnership, trust or other
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entity, public or private.
Personal wireless services: Commercial mobile services, unlicenced wireless services, and
common carrier wireless exchange access services. These services include: cellular services,
personal communications services (PCS), specialized mobile radio services, and paging services.
Personal wireless service facility: All equipment (excluding any repeaters) with which a personal
wireless service provider broadcasts and receives the radio frequency waves which carry their
services and all locations of said equipment or any part thereof. This facility may be sited on
one or more towers or structure(s) owned and permitted by another owner or entity.
Personal wireless service provider: An entity, licensed by the FCC to provide personal wireless
services to individuals or institutions.
Principal building: The main or most important building on a lot. Attached structures such as
garages, greenhouses and similar units are to be considered as part of the "principal building".
Professional Engineer: A person employed in a practice of engineering as defined in MGL,
Tercentenary Edition, C.l12, § 810.
Radiation propagation studies or radial plots: Computer generated estimates of the radiation
emanating from antennas or repeaters sited on a specific tower or structure. The height above
mean sea level, power input and output, frequency output, type of antenna, antenna gain,
topography of the site and its surroundings are all taken into account to create these simulations.
They are the primary tool for determining whether a site will provide adequate coverage for the
personal wireless service facility proposed for that site.
Rear lot line: See Lot Line
Rear yard: The required unoccupied space or area within the rear lot line and the part of the
principal building nearest such rear lot line.
Restaurant: A building, or portion thereof, which is designed, intended and used for the
indoor sales and consumption of food prepared on the premises, except that food may be
consumed outdoors in landscaped terraces, designed for dining purposes, which are
adjuncts to the main indoor restaurant facility. The term "restaurant" shall not include
"fast food establishments".
Restaurant, fast-food: An establishment engaged primarily in the business of preparing
food and purveying it on a self-service or semi self-service basis. Customer orders and/or
service may be by means of a walk-up counter or window designed to accommodate
automobile traffic. Consumption is either on or off the premises.
Restaurant, drive-in and drive-through: A restaurant which provides convenient vehicular access
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and may provide service to customers while in their vehicles.
Sanitarium: An institution for the recuperation or treatment of persons suffering from physical or
mental disorders.
School: A building devoted to instruction or education in primary, elementary or high school
grades on a non-profit basis.
Secondhand material: Material articles or machinery which have been used or owned by some
person other than the dealer offering the same for sale and which may again be used without
alteration.
Semidetached dwelling: A single-family residential unit that is joined on one (I) side to another
single-family residential unit having a party wall between the units.
Service: The performance of any act for the benefit of another with a view to profit or for a
livelihood.
Setback: The minimum required unoccupied space or area between the street line of which the
building is numbered or would be numbered and the part of the building nearest such street line,
such unoccupied space or area extending the entire width or distance across the lot.
Side lot line: The line dividing one lot from another.
Sign: Any device, surface or framework on which words, symbols or other designs, are inscribed
or displayed and designed to call attention thereto, including flags, banners and the like.
Sign, accessory: Any sign that advertises or indicates the person occupying the premises on
which the sign is erected or maintained or the business transacted thereon or the products sold
thereon.
Sign, area of:
F. Area of the face. The area ofthe face of a sign shall be considered to include all
lettering, working and accompanying designs and symbols, together with the background
on which they are displayed and any cutouts or extensions.
G. The area of a sign consisting of individual letters or symbols attached to or painted on a
surface, building, wall or window shall be considered to be that of the smallest
quadrangle or triangle which encompasses all the letters and symbols.
H. The area of a sign consisting of a three-dimensional object shall be considered to be the
area ofthe largest vertical cross section of that object.
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I. In computing the area of the signs, both sides of v-shaped signs, but only one (I) side of
the back-to-back signs, shall be counted.
Sign, color of: The color concept of the sign shall be such that it does not violate the purpose of
this Article.
Sign, instructional: Signs indicating "entrance", "exit" or the like, erected on premises for the
direction of persons or vehicles.
Sign, overhanging: A sign or other advertising device which hangs or extends over a sidewalk or
a way in which the public has a right of access. Wall signs and standing signs shall not be
included in this definition.
Sign, real estate: A sign advertising the sale, rental or lease of the premises on which it is
maintained.
Sign, standing: A sign standing or hanging free on its own support; such may be attached to a
building or fixed in or to the ground. "Standing signs" may have two (2) faces or sides showing
in opposite directions.
Sign, structure: The supports, uprights, bracing and framework of a sign. Any color applied to
the "structure" shall meet the purposes of this Article.
Sign, temporary: Any sign, including its supporting structure, intended to be maintained for a
period less than one hundred eighty (180) days for agricultural purposes and sixty (60) days for
any other purposes.
Sign, wall: A sign fastened or affixed parallel to and within twelve (12) inches of the wall ofa
building.
Sign, window: A sign painted or placed on the inside or outside of a window.
Single-family dwelling: A structure designed exclusively for and occupied exclusively by one
family.
Site plan: A plan, to scale, showing uses and structures proposed for a parcel ofland as
required by the regulations. Includes lot lines, streets, building sites, buildings, landscape
features, traffic circulation, parking, drainage, utilities, signs, topography and lighting.
Special permit granting authority: The Board of Appeals ofthe Town of Agawam.
Storage capacity of a floodplain: The volume of space above an area of floodplain that can be
occupied by floodwater of a given stage at a given time, regardless of whether the water is
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moving.
Story: The horizontal portion through a building between floor and ceiling. The word "story"
shall not include the portion of the basement or cellar of a building above grade or an attic as
defined in this section.
Street: A way, whether public or private, set aside for the passage of persons, animals or vehicles
and including streets, avenues, boulevards, parkways, roads, alleys, lanes and viaducts.
Street line: The dividing line between a street and a lot and, in the case of a public way, the street
line established by the public authority laying out such way upon which the lot abuts.
Structure: A combination of materials assembled at a fixed location to give support or shelter,
such as a building, framework, retaining wall, tent, reviewing stand, platform, bin, fence, sign,
flagpole, recreational tramway, mast for radio antenna or the like. The word "structure"
shall be construed, where the context allows, as though followed by the words "or part or parts
thereof'.
Subdivision: The division of a lot, tract or parcel of land into two or more lots, sites or divisions
ofland in such a manner as to require provision for a street for the purpose, whether immediate
or future, of sale or building development. The word "subdivision" shall include "resubdivision"
in relating to the processes of subdividing or to land already subdivided, when appropriate to the
context.
Substantial improvement in the floodplain: Any repair, reconstruction or improvement of a
structure, the cost of which equals or exceeds fifty percent (50%) of the assessed value of the
structure either before the improvement is started or, 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.
Tower: A monopole that is designed to support personal wireless service transmission, receiving
and/or relaying antennas and/or equipment.
Trailer: Any so-called automobile trailer, mobile home or trailer coach, including any portable
structure, means of conveyance or vehicle so designed or constructed, altered or converted in any
manner as to permit occupancy thereof for dwelling or sleeping purposes.
Transport terminal: Terminal facilities for handling freight with or without maintenance
facilities.
Unregistered motor vehicles: Any motor vehicle or trailer not registered in accordance
with Massachusetts General Laws Chapter 90, or any motor vehicle which fails to carry or
display its license plate as provided in § 6 of said Chapter 90; or any motor vehicle or
trailer owned by a non-resident who has failed to comply with the registration laws of the
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non-resident state or country.
Vehicle: Anything in or on which a person or thing is or may be carried, or any moving support
or container for the conveyance of bulky objects.'
Warehouse: A building used primarily for the storage of good and materials, for
distribution, but not for sale on the premises.
Wireless telecommunications overlay district (WTOD): Specific area(s), determined by
engineering to contain sites where adequate service may be provided to the Town of Agawam,
which, at the same time, have the potential of reducing or mitigating negative impacts in
accordance with the Overlay District as defined in this Article.
Yard: A space open to the sky, located between a building or structure and a lot line,
unoccupied except by fences, walls, poles, paving, and other customary yard accessories.
Yard, front: A yard extending the fuJI width of the lot and situated between the street line
and the nearest point of the building.
Yard, rear: A yard the full width of the lot and situated between the rear line of the lot and
the nearest part ofthe main building projected to the side line of the lot.
Yard, side: A yard situated between the nearest point of the building and the side line ofthe
lot and extending from the front yard to the rear yard. Any lot line not a rear line or a
front line shall be deemed a side line.
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ARTICLE VI. DEFINITIONS
Where you have an existing definition, it follows
italics.
RECEIVED
APR 291999
my ~f1WAMiBUILDING DEPT
In this ordinance, the following terms and constructions shall
apply unless a contrary meaning is required by the context or is
specifically prescribed in the text of the ordinance. Words used
in the present tense include the future. The singular includes
the plural and the plural includes the singular. The word
"shall" is mandatory and '''may'' is permissive or discretionary.
The word "and" includes "or" unless the contrary is evident from
the text. The word "includes" or "including" shall not limit a
term to specified examples, but is intended to extend its meaning
to all other instances, circumstances, or items of like character
or kind. The word "lot" includes "plot"; the word "used" or
"occupied" shall be considered as though followed by the words
"or intended, arranged, or designed to be used or occupied". The
words "building," "structure," "lot," or "parcel," shall be
construed as being followed by the words "or any portion
thereof." The word "person" includes a firm, association,
organization, partnership, company, or corporation, as well as an
individual. Terms and words not defined herein but defined in
the Commonwealth of Massachusetts state building code shall have
the meaning given therein unless a contrary intention is clearly
evident in this ordinance.
Accessory building: A subordinate building located on the same
lot as the main, or principal building or principal use, the use
of which is customarily incidental to that of the principal
building or use of the land.
Accessory use: A use customarily incidental to that of the main
or principal building or use of the land.
ACCESSORY BUILDING -A subordinate building, including a garage,
the use of which is incidental to the main or principal use
permitted in the district.
Adult day care facility: A building or structure where care,
protection, and supervision are provided, on a regular schedule,
to adults over the age of 18.
Adult entertainment establishments: Shall include and be defined
as follows:
Adult bookstore: An establishment having as a substantial
or significant portion of its stock in trade printed matter,
books, magazines, picture periodicals, motion picture films,
video cassettes, computer compact disks, computer disks or
diskettes, or coin-operated motion picture machines for
sale, barter or rental which are distinguished or
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characterized by their emphasis on matters depicting,
describing or relating to "sexual conduct" as that term is
defined in Chapter 272, section 31 G,L., "sexual devices" or
an establishment having for sale sexual devices which shall
mean any artificial human penis, vagina or anus or other
device primarily designed promoted or marketed to physically
stimulate or manipulate the human genitals, pubic area or
anal area, including dildos, penisators, vibrators, penis
rings, erection enlargement or prolonging creams or other
preparations or an establishment with a segment or section
devoted to the sale or display of such materials.
Adult live entertainment establishments: Establishments
which feature live entertainment which consists of
entertainers engaging in "sexual conduct" or "nudity" as
defined in Chapter 272, section 31, G.L.
Adult motion picture theater: An enclosed building with a
capacity of fifty (50) or more persons used for presenting
material distinguished or characterized by an emphasis on
matter depicting, describing or relating 'sexual conduct" as
defined in Chapter 272, section 31, G.L., for observation by
patrons therein.
Adult mini motion picture theater: An enclosed building
with a capacity for less than fifty (50) persons used for
presenting material distinguished or characterized by
emphasis on matter depicting, describing or relating to
'sexual conduct" as defined in Chapter 272, section 31,
G.L., for observation by patrons therein.
Substantial or significant portion shall mean at least that
portion of:
(i) retail slaes accounting for at least twenty-five
percent of gross sales; or
(ii) merchandise accounting for at least twenty-five
percent of total merchandise available for sales; or
(iii) shelf space and display space which when combined
is in excess of eighty (80) square feet.
Agricultural use, nonexempt: Agricultural use of property not
exempted by G.L. c. 40A, s. 3.
Alterations: As applied to a building or structure, a change or
rearrangement in the structural parts or in the existing
facilities, or an enlargement whether by extending on a side or
by increasing in height, or the moving from one (1) location or
position to another.
ALTERATION -A change in or addition to a structure.
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Animal clinic or hospital: A place where animals or pets are
given medical or surgical treatment and the boarding of animals
is limited to short term care incidental to the clinic or
hospital use.
APARTMENT HOUSE -A building of fire-resisting construction as
defined in this section arranged and having accommodations for
five (5) or more families with separate or joint entrances,
services or facilities: "apartment house" shall include garden-
type apartments and all similar residences.
ATTACHED -Connected to or untied with.
ATTIC -The space between the ceiling of the top story of a
building and its roof which is not used for living, sleeping or
eating quarters.
Boarding house: A dwelling or part thereof in which lodging is
provided by the owner or operator to more than four (4) boarders.
Building: A structure enclosed within exterior walls or
firewalls, built, erected, and framed of a combination of any
materials, whether portable or fixed, having a roof, to form a
structure for the shelter of persons, animals, or property. For
the purposes of this definition, "roof" shall include an awning
or any similar covering, whether or not permanent in nature.
BUILDING -A combination of any materials. whether portable or
fixed. having a roof to form a structure for the shelter of
persons. animals or property. The word "building" shall be
construed. where the context requires, as though followed by the
words "or part or parts thereof." A porch or an attached garage,
greenhouse or similar structure is to be considered as part of a
building when considering the requirements of setbacks and side
or rear yards.
Building height: The vertical distance from the grade to the
highest point of the roof. When a building faces more than one
street, the height shall be measured from the average of the
grade at the center line of each street front. Not included are
spires, cupolas, antennae, or similar parts of structures which
do not enclose potentially habitable floor space.
Building, principal: A building in which is conducted the main
or principal use of the lot on which said building is situated.
BUOYANT MATERIAL -A material which displaces an amount of water
equal to its weight capable of floating.
BUSINESS -The transacting or carrying on of a trade or
commercial enterprise with a view to profit or for livelihood.
Business or professional office: A building or part thereof, for
the transaction of business or the provision of services
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exclusive of the receipt, sale, storage, or processing of
merchandise.
CEMETERY -A place or area of land set apart for the burial of
the dead, operated, managed and controlled under the provisions
of MGL Tercentenary Edition, C. 114, or a burial place under the
care and supervision of the town or other public authority.
Child Care Facility: A child care facility defined in G.L. c.
28A, s. 9.
Commercial recreation, indoors: A structure for recreational,
social or amusement purposes, which may include as an accessory
use the consumption of food and drink, including all connected
rooms or space with a common means of egress and entrance.
Places of assembly shall include theatres, concert halls, dance
halls, skating rinks, bowling alleys, health clubs, dance
studios, or other commercial recreational centers conducted for
or not for profit.
Commercial recreation, outdoors: Drive-in theatre, golf
course/driving range, bathing beach, sports club, horseback
riding stable, boathouse, game preserve, marina or other
commercial recreation carried on in whole or in part outdoors,
except those activities more specifically designated in this
ordinance.
Club or lodge, private: Buildings, structures and premises used
by a nonprofit social or civic organization, or by a nonprofit
organization catering exclusively to members and their guests for
social, civic, recreational, or athletic purposes which are not
conducted primarily for gain and provided there are no vending
stands, merchandising, or commercial activities except as may be
required generally for the membership and purposes of such
organization.
Contractor's yard: Premises used by a building contractor or
subcontractor for storage of equipment and supplies, fabrication
of subassemblies, and parking of wheeled equipment.
CREMATORY -A building containing a furnace designed and intended
to be used for cremating the dead and owned and controlled by a
cemetery corporation or crematory corporation duly organized
under the laws of the state.
DETACHED -Separate from.
Dwelling: A building designed and occupied as the living
quarters of one (1) or more families. Single-and two-family
dwellings shall be designed for and occupied by not more than one
(1) or two (2) families, respectively. A mulitfamily dwelling
shall be one designed for and occupied by three (3) or more
families.
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DWELLING -A building used exclusively as a residence for one (1)
or more families.
Earth removal: Extraction of sand, gravel, top soil, or other
earth for sale or for use at a site removed from the place of
extraction exclusive of the grading of a lot preparatory to the
construction of a building for which a building permit has been
issued, or the grading of streets in accordance with an approved
definitive plan, and exclusive of granite operations.
Educational use, nonexempt: Educational facilities not exempted
from regulation by G.L. c. 40A, s. 3.
SCHOOL -A building devoted to instruction or education in
primary, elementary or high school grades on a nonprofit basis.
Erect: To build, construct, reconstruct, move upon, or conduct
any physical development of the premises required for a building;
to excavate, fill, drain, and the like preparation for building
shall also be considered to erect.
Essential services: Services provided by a public service
corporation or by governmental agencies through erection,
construction, alteration, or maintenance of gas, electrical,
steam, or water transmission or distribution systems and
collection, communication, supply, or disposal systems whether
underground or overhand, but not including wireless
communications facilities. Facilities necessary for the
provision of essential services include poles, wires, drains,
sewers, pipes, conduits, cables, fire alarm boxes, police call
boxes, traffic signals, hydrants and other similar equipment in
connection therewith.
Family: Any number of individuals living and cooking together on
the premises as a single housekeeping unit.
FAMILY -A person or a group of persons of immediate kindred who
live together as a single housekeeping unit under one (1) head.
Family day care: Any private residence which on a regular basis
receives for temporary custody and care during part or all of the
day, children under seven (7) years of age or children under
sixteen (16) years of age if such children have special needs.
Provided, however, in either case, that the total number of
children shall not exceed more than six (6), excluding
participating children living in the residence.
Farm stand, nonexempt: Facility for the sale of produce, wine
and dairy products on property not exempted by G.L. c. 40A, s. 3.
FIRE-RESISTING CONSTRUCTION -A building having exterior walls of
solid masonry or incombustible material and a roof covering of
fire-resisting materials .
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FLOOD or FLOODING -A general and temporary condition of partial
or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface
waters from any source.
FLOODWAY -The channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the wafer surface
elevation more than one (1) foot.
FLOODWAY FRINGE -The land in the floodplain within a community
subject to a one-percent or greater chance of flooding in a given
year that is located outside of the floodway.
Funeral home: Facility for the conducting of funerals and
related activities such as embalming.
GARAGE -Any building wherein is kept or stored one (1) or more
motor vehicles, including among others a public or private
garage. motor vehicle repair shop or paint shop, service station,
lubritorium or any building used for similar purposes.
GLAZED ENCLOSURE -The enclosure of a porch for protection from
the weather by a framework built in conformity with the rest of
the house in which not less than one-half (U) of the wall area is
glass.
HALF STORY -the space between the ceiling of the top story of a
building and the roof where the area and height are sufficient
for sleeping and living quarters.
Hazardous material:
limited to, the EPA
307(a) of the Clean
Any substance which is listed in, but not
priority pollutants as described in section
Water Act, as amended.
HEIGHT -In reference to a building, the vertical distance
between the highest point of the roof and the average grade of
land immediately surrounding the building.
/7) Home occupation: An occupation~ business, trade, service or
, unit or in a building or other structure accessory thereto, by a
1) )tAo!, . profession which is incidental to and conducted in a dwelling
f (p. resident thereof.
° \ J. •
HOSPITAL -An institution where only sick and disabled persons
are given medical, surgical or convalescent care.
HOTEL and MOTEL -A building operated by a duly licensed
innholder where lodging is furnished or food is served to
transient or permanent guests which has a public dining room and
a general kitchen.
\
•
Junk: Any article or material or collection thereof which is
worn out, cast off or discarded and which is ready for
destruction or has been collected or stored for salvage or
conversion. Any article or material which, unaltered or
unchanged and without further reconditioning can be used for its
original purpose as readily as when new shall be considered junk.
JUNK -Articles such as old iron, brass, copper, tin, lead or
other base metals, cordage, old bags and rags, wastepaper, paper
clippings, scraps, clips, rubber, glass, empty bottles, empty
cans and all other articles discarded and no longer used as a
manufactured article composed of anyone (1) or more of the
materials mentioned but which may be converted into some other
product by means of some manufacturing process.
Junkyard or automobile graveyard: The use of any area or any
lot, whether inside or outside of a building, for the storage,
keeping, or abandonment of junk, scrap or discarded materials, or
the dismantling, demolition, or abandonment of automobiles, other
vehicles, machinery, or parts thereof.
Kennel: Premises used for the harboring and/or care of more than
three (3) dogs or other domestic, non-farm animals (three (3)
months old or over). Use shall be so classified regardless of
the purpose for which the animals are maintained, whether fees
are charged or not, and whether the use is a principal or
accessory one.
Light manufacturing: Fabrication, assembly, processing,
finishing work or packaging.
Loading space, off-street": Space located on the same lot with
principal building, or contiguous to a group of buildings, for
bulk pickups and deliveries, scaled to delivery vehicles expected
to be used, and accessible to such vehicles when required off-
street parking spaces are filed. It shall abut a street, alley,
or other appropriate means of ingress or egress.
LODGING HOUSE -A residence where lodgings are let to five (5) or
more persons not within the second degree of kindred to the
person conducting the house and which does not contain a public
dining room or cooking facilities in any rented sleeping room.
Lot: A continuous parcel of land with legally definable
boundaries.
LOT -An area of land in one (1) ownership, with definite
boundaries, used or available for use as the site of a principal
building and its accessory buildings.
Lot area: The horizontal area of the lot exclusive of any area
in a street or recorded way open to public use. At least eighty
(80) percent of the lot area required for zoning compliance shall
be contiguous land other than that under any water body, bog,
•
•
•
swamp, wet meadow, marsh, or other wetland, as defined in section
40, Chapter 131, G.L, as amended.
Lot, corner: A lot with two (2) adjacent sides abutting upon
streets or other public spaces.
CORNER LOT -A lot bounded on two (2) sides by intersecting
streets.
Lot, depth of: The mean distance from the street line of the lot
to its opposite rear line measured in the general direction of
the side lines of the lot.
Lot, frontage of: A lot line coinciding with the sideline of a
street which provides both legal rights of vehicular access and
actual physical vehicular access to the lot, said line to be
measured continuously along a single street.
Lot line: A line dividing one lot from another, or from a street
or any public place.
REAR LOT LINE -The lot line opposite the street line, except
that, in the case of a corner lot, the rear lot line shall be the
line opposite the street line on which the building is numbered.
or would be numbered.
SIDE LOT LINE -The line dividing one lot from another.
Lot, width of: The horizontal distance between side lot lines,
measured parallel to the lot frontage at the front yard setback
line.
Medical center or clinic: A building designed and used for the
diagnosis and treatment of human patients that does not include
overnight care facilities.
Mobile home: A dwelling built upon a chassis, containing
complete electrical, plumbing and sanitary facilities, and
designed without necessity of a permanent foundation for
year-round living, irrespective of whether actually attached to a
foundation or otherwise permanently located.
Motel or hotel: A building or buildings intended and designed
for tr , overnight or extended occupancy, divided into
separate units within the same building with or without a public
dining facility. If such hotel or motel has independent cooking
facilities, such unit shall not be occupied by any guest for more
than four (4) continuous months, nor may the guest reoccupy any
unit within thirty (30) days of a continuous four-month stay, nor
may the guest stay more than six (6) months in any calendar year.
No occupant of such hotel or motel may claim residency at such
location.
•
•
•
Motor vehicle general or body repair: An establishment, garage
or work area enclosed within a building where repairs are made or
caused to be made to motor vehicle and their bodies, including
fenders, bumpers and similar components of motor vehicle bodies,
but does not include the storage vehicles for the cannibalization
of parts or fuel sales.
Motor vehicle light service: Premises for the supplying of fuel,
oil, lubrication, washing, or minor repair services, but not to
include body work, painting, or major repairs. ~
~--
Municipal facilities: Facilities owned or operated by the City
of Agawam.
Nursing or convalescent home: Any building with sleeping rooms
where persons are housed or lodged and furnished with meals and
nursing care for hire.
NURSING HOME or CONVALESCENT HOME -An establishment for the
recuperation or treatment of invalid or convalescent persons.
OFF-STREET PARKING SPACE -A space of one hundred forty-four
(~44) square feet or more within a structure or in the open for
the parking of a motor vehicle on any land owned, rented or
leased for such purposes.
ORDINARY HIGH-WATER MARK -The highest point on the bank of a
floodway or floodplain at which the water level has been for a
sufficient period of time to leave a definite mark.
PRINCIPAL BUILDING -The main or most important building on a
lot. Attached structures such as garages, greenhouses and similar
units are to be considered as part of the "principal building."
PROFESSIONAL ENGINEER - A person employed in a practice of
engineering as defined in MGL, Tercentenary Edition, C. ~~2, § 8~
D.
Restaurant: A building, or portion thereof, containing tables
and/or booths for at least two-thirds (2/3) of its legal
capacity, which is designed, intended and used for the indoor
sales and consumption of food prepared on the premises, except
that food may be consumed outdoors in landscaped terraces,
designed for dining purposes, which are adjuncts to the main
indoor restaurant facility. The term "restaurant" shall not
include "fast food establishments."
Restaurant, fast-food: An establishment whose principal business
is the sale of pre-prepared or rapidly prepared food directly to
the customer in a ready to consume state for consumption either
within the restaurant building or off premises and usually
requires ordering food at a counter .
RESTAURANT, DRIVE-IN AND DRIVE-THROUGH -A restaurant which
provides convenient vehicular access and may provide service to
~ customers while in their vehicles. [Added 3-21-1994 by TOR-94-1)
~
~
Retail: A facility selling goods but not specifically listed in
2230, the Table of Use Regulations.
/? Salvage yard: property where motor vehicles are junked,
dismantled or stored for later dismantling or distribution.
SANITARIUM -An institution for the recuperation or treatment of
persons suffering from physical or mental disorders.
SECONDHAND MATERIAL-Material articles or machinery which have
been used or owned by some person other than the dealer offering
the same for sale and which may again be used without alteration.
SEMIDETACHED DWELLING -A single-family residential unit that is
joined on one (I) side to another single-family residential unit
having a party wall between the units.
SERVICE -The performance of any act for the benefi t of another
with a view to profit or for a livelihood.
SETBACK-The minimum required unoccupied space or area between
the' street line of which the building is numbered or would be
numbered and the part of the building nearest such street line,
such unoccupied space or area extending the entire width or
distance across the lot,
Sign: Any device designed to inform or attract the attention of
persons not on the premises on which the device is located. Any
building surfaces other than windows which are internally
illuminated or decorated with gaseous tube or other lights are
considered "signs." The following, however, shall not be
considered signs within the context of this ordinance:
(a) Flags and insignia of any government except when displayed in
connection with commercial promotion.
(b) Legal notices, or informational devices erected or required
by public agencies.
(c) Temporary devices erected for a charitable or religious
cause, provided they are removed within seven (7) days of
erection.
(d) Temporary displays inside windows, covering not more [than]
thirty (30) percent of window area, illuminated by building
illumination only.
(e) Standard gasoline pumps bearing thereon in usual size and
form the name, type, and price of gasoline.
(f) Integral decorative or architectural features of a building,
except letters, trademarks, moving parts, or parts internally
illuminated or decorated with gaseous tube or other lights.
(g) Devices identifying a building as distinct from one (~) or
more of its occupants, such device being carved into or attached
in such a way as to be an integral part of the building, not
•
•
•
illuminated separate from building illumination, without color
contrasting with sign background, and not exceeding four (4)
square feet in area.
(h) Address identification through numerals or letters not
exceeding three (3) inches in height.
STORAGE CAPACITY OF A FLOODPLAIN -The volume of space above an
area of floodplain that can be occupied by floodwater of a given
stage at a given time, regardless of whether the water is moving.
STORY -The horizontal portion through a building between floor
and ceiling. The word "story" shall not include the portion of
the basement or cellar of a building above grade or an attic as
defined in this section.
Street: An accepted city way, or a way established by or
maintained under county, state, or federal authority, or a way
established by a subdivision plan approved in accordance with the
subdivision control law actually constructed to specifications or
for which adequate security exists to construct such way.
STREET -A way, whether public or private, set aside for the
passage of persons, animals or vehicles and including streets,
avenues, boulevards, parkways, roads, alleys, lanes and viaducts.
STREET LINE -The dividing line between a street and a lot and,
in the case of a public way, the street line established by the
public authority laying out such way upon which the lot abuts.
Structure: A combination of materials assembled at a fixed
location to give support or shelter, such as a building,
framework, retaining wall, tent, reviewing stand, platform, bin,
fence, sign, flagpole, recreational tramway, mast for radio
antenna or the like.
STRUCTURE -A combination of materials assembled at a fixed
location to give support or shelter, such as a building,
framework or retaining wall. The word 'structure" shall be
construed, where the context allows, as though followed by the
words "or part or parts thereof."
SUBSTANTIAL IMPROVEMENT IN THE FLOODPLAIN -Any repair,
reconstruction or improvement of a structure, the cost of which
equals or exceeds twenty-five percent (25%) of the assessed value
of the structure either before the improvement is started or, 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.
TRAILER -Any so-called automobile trailer, mobile home or
trailer coach, including any portable structure, means of
conveyance or vehicle so designed or constructed. altered or
..
•
•
•
converted in any manner as to permit occupancy thereof for
dwelling or sleeping purposes.
Transport terminal: Terminal facilities for handling freight
with or without maintenance facilities.
VEHICLE -Anything in or on which a person or thing is or may be
carried, or any moving support or container for the conveyance of
bulky objects.
Warehouse: A building used primarily for the storage of goods
and materials, for distribution, but not for sale on the
premises.
Wireless communications facility: Monopoles, satellite dish(es)
over three (3) feet in diameter, antennas, and accessory
structures which facilitate the provision of wirless
communication service.
Wireless communication service: The provision of cellular
telephone service, personal communication service and enhanced
mobile radio service.
Yard: A space open to the sky, located between a building or
structure and a lot line, unoccupied except by fences, walls,
poles, paving, and other customary yard accessories.
Yard, front: A yard extending the full width of the lot and
situated between the street line and the nearest point of the
building.
Yard, rear: A yard the full width of the lot and situated
between the rear line of the lot and the nearest part of the main
building projected to the side line of the lot.
REAR YARD -The required unoccupied space or area within the rear
lot line and the part of the principal building nearest such rear
lot line.
Yard, side: A yard situated between the nearest point of the
building and the side line of the lot and extending from the
front yard to the rear yard. Any lot line not a rear line or a
front line shall be deemed a side line.
SIDE YARD -The required unoccupied space or area within the lot
between the side lot line and parts of the building nearest such
side lot line. In the case of a corner lot, one (1), of the side
yards shall be the unoccupied space or area between the street
line of the side street and the parts of the building nearest to
such street line.
A ~front yardH is a required open unoccupied space, within and
extending the full width of the lot, between the street line and
the front of a building.
",
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(9) A ~side yardH is a required open unoccupied space within the
lot between a side lot line, not a street line, and the parts of
the building nearest to such lot line. Such a side yard shall
extend for its required width from the street line or the front
yard to the rear yard or its equivalent or to another street.
(~O) A ~rear yardH is a required open unoccupied space, the full
width of the lot, lying between the extreme rear wall of the
building and the rear line of the lot or the middle line of a
public street or private way in case the lot borders on such
street or way, except as hereinafter provided. In the case of a
triangular lot with only one side fronting on a street, the rear
yard is the open unoccupied space between the extreme rear wall
of the building and a line half way between it and the point of
intersection of the side lines of the lot, except as hereinafter
provided.
• ~{ Q joA· i. rJ l
\ ( \
\ D I Se T R I , T S
• .'
PRINCIPAL USE \ RA1 RA2 RA3 RA4 RB AG BA BB IA IB
A. RESIDENTIAL USES \
l. Single-family dwelling y y N N Y Y Y \,Y N N
2. Two-Family dwelling I'N SP, N N ;
r'y SP I ¥ I""; N N
~
3. Apartment/Garden N N Y N ~ N N ~ N N
apartment
4. Multi-family dwelling N N Y N Y N iiY frJ .-N N
with four dwelling units
N~ t /)/10 41
5. ti!Bdgi'19iOE1r boarding house N "y N N Y IIY .Y lilY N Y N
6. Group Residence • ~ ?
7. Facilitated and N 11/ !l/ III sf '$(> sf 5'P II! rv' Independent Senior Living
y. i . .I. . N N IV tv Y ,A/ r IV AI rV
B. EXEMPT AND INSTITUTIONAL
USES
1. Use of land or structures Y Y Y Y Y Y Y Y Y Y
for religious purposes
1 See by-law.
• • •
2 . Use of land or structures Y Y Y Y Y Y Y Y Y Y
for educational purposes on
land owned or leased by the
commonwealth or any of its
agencies, subdivisions or
bodies politic or by a
religious sect or
denomination, or by a
nonprofit educational
corporation
3 . Licensed day care ~ facility for the day care of V V y yl Y Y Y r six or fewer nonresident
children
4. Adult day care facility 7 7 y y "I Y Y Y V Y
'""
Z .L Z. C Y "-a.... ~ 2-yT 5. Child care facility y y y y y y y Y
6. Use of land for the Y Y Y Y Y Y Y Y Y Y
primary purpose of
agriculture, horticulture,
floriculture, or viticulture
on a parcel of more than
five acres in area
•
7. Facilities for the sale
of produce, and wine and
dairy products, provided
that during the months of
June, July, August, and
September of every year, or
during the harvest season of
the primary crop, the
majority of such products
for sale, based on either
gross sales dollars or
volume, have been produced
by the owner of the land
containing more than five
acres in area on which the
1---1 facility is liLcated
8 . cemeteri7s2 )
• ~
9 . Municipal facilities
10. Airport
:/<' ll. Essential services
12. Hospital
C. COMMERCIAL USES
1. Nonexempt agricultural
use
2. Nonexempt farm stand for
wholesale or retail sale of
products
2 See by-law.
• ;J'I~: • ,;;.J I If.:; !l J 11'1 R 13 Ili1 '84 i3 1) f;J J 8
Y y Y Y Y Y Y
y y N N Y Y Y
y y N N Y Y Y
N N N N N Y J Y ~
N Y N N Y Y Y
N N N N Y N ~V
Y Y
Y Y
Y Y
Y '3 Y :3
Y Y
1'f Y .. y'
Y
Y
Y I
? ~,
Y ~ l-
rJJ
Y
.V
~Jr ~1
--
-~ /
,/'
•
3. Nonexempt educational use
4. Animal cl~r
hospital; ken el'
-1--_."---~ .. --i"rlvate club or lodge
6. Nursing or convalescent
home
7. Funeral home
8. Motel or hotel
9. Retail stores and
services not elsewhere set
forth
10. :~r vehicle sales and
rent l'
--ii. Motor vehicle ~il .~al
I~ body repair
12. Motor vehicle ~
service
13 . Restaurant
14. Restaurant, drive-in
15. Business or professional
office, including medical
16. Bank, financial agency
,
,
See by-law.
See by-law.
•
N N N N
N N N N
N N N N
N N N N
N N N N
N N N N
N N N N
N N N N
N N N N
N N N N
N N N N
N N N N
N N N N
• ,-
~(S ~ 4u' II -P ~ f j} "8
N N ~r 1fV NY " V
N SP N SP SP SP
" Y) -11Y 'III ( Jl Y py N
~ 4;'y Iffy 6y ~y ~y ~ ..:.
Vlr
y y' y' r
N N Y Y Y Y
N N Y Y Y Y
N N -14 '-::" Y Y Y
::a}
N N N'-~1 y y' ~r I-
t.J tv! N eX-'
~I;AJ~
N N Y Y Y Y
N N Y Y Y Y
N N SP SP SP SP
N ~i y .~ y y /;J AI
N N Y Y Y Y
• • • 'RB , < -• .....,. # Iv' -
20. Indoor commercial N N N N N N $' Y Y Y Y
recreation .
21. Out~oor commercial;t!"' ...... ?J N N N N N N 'SP SP..! SP SP
bZ-7
recreat~on I
22. Golf course N N N N N I~( -BY.. ~ Y u>Y 8P'y ~
23. Service establsihment N N N N N N Y Y Y Y
24. Adult entertainment N N N N N N 1£ If -fir J:(
establishment"}/' :5 f s PSi'
25. Wireless Communications N M( N N JfR ~ ~ 8k 1!1r .oM
Facility :sp sf sP 5P J5P sP SP
26.
D. INDUSTRIAL USES ~~
1. Earth removal sf --------~ 7
2. Light manufacturing N N N N N SP'~ N SP SP SP
3. Wholesale, warehouse, N N N N N N N Y Y Y
self-storage mini-warehouse, ~
or distribution facility ~
4. Manufacturing N N N N N N NY' (ysf Y
5. Manufacturing, hazardous N N N N N N N N SP SP
materials produced, used or
stored on premises
6 . Contractor's yard~ _________ _
5 See by-law.
~
~
?
7
• • ~~{ Not •
,
7 . Junkyard or automobile N N N N N N N N "If-l ~
graveyard 5'f 5P
8. ~~c fl6!t terminal N N N N: N N N SP SP SP
E. OTHER USES
l. Jk Private garag 6 Y Y N N Y Y Y Y Y Y
2. Commercial outd or N N N N N N SP SP SP SP
parking
7
I
6 See by-law.
Town of Agawam
Interoffice Memorandum
To:
CC:
From:
Date:
Subject:
Agawam Town Council
Mayor Cohen, Planning Board
Deborah S. Dachos, Director of Planning and Community Development
10/10/12
Zoning Definition Revisions
During the Planning Board's meeting held on October 4, 2012, it was discussed that the
proposed Definitions of "Apartment House" and "Dwelling" sent to the Council should be
revised to reflect the intent of the Board to define multifamily as all structures containing
two or more dwelling units. This is consistent with the trend to have two-family units
in condominium developments. Allowing the construction of two family units results in a
lower density development. Please accept the revised definitions as follows:
APARTMENT HO or structure arranged, intended and designed to be
occupied by tw or more fam·· , iving independently of each other, and each
includin· wn se arate kitchen and bathroom accommodations. Garden-type
ents shall be considered as an apartment house.
WELLING: A building designed and occupied as a living quarters of one (1) or more
families. Single-and two-family dwellings shall be designed for and occupied by not
more than one (1) or two (2) families, respectively. A multifamily dwelling shall be
one designed for and occupied by two (2) or more families. Hotels, lodging
houses, hospitals, membership clubs, or dormitories shall not be considered dwellings.
FROM THE DESK OF •••
DEBORAH s. DACHOS
DIRECTOR OF PLANNING AND COMMUNITY DEVELOPEMENT
TOWN OF AGAWAM
36MAINST
AGAWAM. MA 01 001
Email addressplanning@agawam.ma.us
413-786-0400 X 8738
Fax: 413-786-9927
• •
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
. Tel. 413-786-0400 Fax 413-786-9927
September 10, 2012
Christopher C. Johnson, President
Dennis J. Perry, Vice President
George Bitzas, Councilor
Cecilia P. Calabrese, Councilor
Paul C. Cavallo, Councilor
James P, Cechetti, Councilor
Gina M. Letellier, Councilor
Robert A. Magovem, Councilor
Joseph Mineo, Councilor
Donald M. Rheault, Councilor
Robert Rossi, Councilor
Agawam Town Council
36 Main Street
Agawam, MA 01001
Dear Councilors:
RE: TOR-2012-3 -
At its duly called meeting held on September 6, 2012, the Agawam Planning Board voted to send
a positive recommendation to the Town Council regarding the Proposed Zoning Amendment
entitled "Definitions and Word Usage".
SincereJy,
/--1-... # :...., r? D~~
Travis P. Ward, Chairman
AGAWAM PLANNING BOARD
cc: Clerk, Solicitor, Board of Appeals, File
-::;.-,....
-, :.:t
:;;~
~;:?? . -_ ...
:-{: u
• • •
TOR-2012-3
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING
ORDINANCES §180-2 "DEFINITIONS AND WORD USAGE."
WHEREAS, the Agawam Planning Board voted to act as petitioner for proposed zoning
amendment to § 180·2 "Definitions and word Usage;" and
WHEREAS, the new definitions section updates existing definitions and reorganizes
definitions that are presently found in various sections of the Town Code; and
WHEREAS, it is in the best interest of the Town of Agawam to update and reorganize
the definitions contained in the Agawam Town Code.
NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and
amends and enacts the following amendments to the Code of the Town of Agawam:
Delete Section § 180-2 in its entirety.
Delete Section § 180-92 in its entirety.
Delete Section § 180-75 in its entirety.
Add .the following:
§ 180-75 Purpose.
The purpose of this section is to provide for the reasonable regulation and control of the erection
and maintenance of signs and advertising devices within the Town to the end that the appearance
and amenities of the Town may be preserved and enhanced, without unduly restricting the
conduct of lawful enterprise.
Add the following:
§ 180-92. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
ACT The Telecommunications Act of 1996.
Add the Following: See exhibit A attached.
• •
DATED THIS __ OF _______ ,2012.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, President
S TO' FORM AND LEGALITY
\ ,
Vincent Solicitor
• •
Exhibit A
ARTICLE VI, DEFINITIONS
AGAWAM ZONING ORDINANCE
§ 180-2 Definitions and word usage
For the purpose of this Ordinance, certain terms and words shall have the following meaning.
Words used in the present tense include the future; the plural number includes the singular; the
words "used" or "occupied" include the words "designed", "arranged", "intended", or "offered to
be used or occupied'" the words "building" "structure" "lot" "land" or "premise" shall be , " , ,
construed as though followed by the words "or any portion thereof"; and the word "shall" is
always mandatory and not merely directory.
Terms and words not defined herein but defined in the Building Code or Subdivision Regulations
shall have the meanings given therein unless a contrary intention clearly appears. Words not
defined in either place shall have the meaning given in the most recent edition of Webster's
Unabridged Dictionary.
Definitions
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
ABANDONMENT: The cessation of a nonconforming use or structure as indicated by the
visible or otherwise indicated intention to discontinue a nonconforming use of a structure or a
lot, or the cessation of a nonconforming use or structure by its replacement with a conforming
use or structure.
ACCESSORY BUILDING: A subordinate building, located on the same lot as the main, or
principal building or principal use, the use of which is customarily incidental to the main or
principal use permitted in the district.
ACCESSORY USE: A use customarily incidental to that of the main or principal building or
use of the land.
ADEQUATE COVERAGE: Coverage is considered to be adequate within that area
surrounding a base station where the predicted or measured median field strength of the
transmitted signal for at least 75% of the covered area is greater than -95 dbm. It is acceptable
for there to be holes within the area of adequate coverage where the signal is less than -95 dbm,
as long as the signal regains its strength to greater than -95 dbm further away from the base
station. For the limited purpose of determining whether the use of a repeater is necessary or
desirable, there shall be deemed not to be adequate coverage within said holes. The outer
• •
boundary of the area of adequate coverage, however, is that location past which the signal does
not regain a strength of greater than -95 dbm.
ADEQUATE CAPACITY: Capacity is considered to be adequate if the grade of service is
p.05 or better for a worst case day in a preceding month, based on the Erllang B Tables, prior to
the date of application; or as measured using direct traffic measurement of the personal wireless
service facility in question for existing facilities requesting maj or modification and where the
call blocking is due to frequency contention at the antenna(s).
ADULT DAY CARE FACILITY: A building or structure where care, protection, and
supervision are provided, on a regular schedule, to adults over the age of 18.
AGRICULTURE: The production, keeping or maintenance, for sale or lease of plants and
animals useful to man, including but not limited to: forages and sod crops; grains and seed crops;
dairy animals and dairy products; poultry and poultry products; livestock including beef cattle,
swine, horses, mules, ponies, or goats or any mutations of hybrids thereof, including the breeding
and grazing of any or all such animals, bees, and apiary products, for animals, trees and forest
products; fruits of all kinds, including grapes, nuts and berries, vegetables, floral, nursery,
ornamental and green house products, or lands devoted to a soil conservation or forestry
management program.
ALTERATION: Any construction, reconstruction or other action resulting in a change in the
structural parts, height, number of stories, exits, size, use or location of a building or other
structure.
AMUSEMENT PARK: A commercially operated park with a predominance of outdoor games
and activities for entertainment, including shows or riding devices, games of skill or chance, or
any combination of shows, riding devices, water slides, miniature golf, batting cages or any
combination of several enterprises, such as revolving wheels, merry-go-rounds, giant swings,
panoramas, musical and theatrical entertainments, or riding devices, whether carried on, engaged
in or conducted as one enterprise or by several concessionaries, and whether an admission fee is
charged for admission to all such shows for entertainments, or a separate fee for admission is
charged for each amusement. [Added 2-2-200 I by TOR-200 1-I]
ANIMAL CLINIC OR HOSPITAL: A place where animals or pets are given medical or
surgical treatment and the boarding of animals is limited to short term care incidental to the
clinic or hospital use.
ANTENNA: A device which is attached to a tower or other structure for transmitting and
receiving electromagnetic waves.
APARTMENT HOUSE: A building or structure arranged, intended and designed to be
occupied by five or more families, living independently of each other, and each including its own
separate kitchen and bathroom accommodations. Garden-type apartments shall be considered as
an apartment house.
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ATTIC: The unfinished space between the ceiling of the top story of a building and its roof
which is not used for living, sleeping or eating quarters.
BASE STATION; The primary sending and receiving site in a wireless telecommunications
network.
BUILDING: A structure enclosed within exterior, walls or firewalls,built, erected and framed
of a combination of any materials, whether portable or fixed, having a roof, to form a structure
for the shelter of persons, animals or property. For the purpose of this definition, "roof' shall
include an awning or any similar covering, whether or not permanent in nature. The word
"building" shall be constructed, where the context requires, as though followed by words "or part
or parts thereof'. A porch or an attached garage, greenhouse or similar structure is to be
considered as part of a building when considering the requirements of setback, side or rear yards.
BUSINESS: The transacting or carrying on of a trade or commercial enterprise with a view to
profit or for livelihood.
CEMETERY: Land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes including columbarium, crematoriums, mausoleums, and funeral
establishments, when operated in conjunction with and within the boundary of such cemetery
under the care and supervision of the Town or other public authority.
CHANNEL; The segment of the radiation spectrum from an antenna which carries one signal.
An antenna may radiate on many channels simultaneously.
CHILDCARE FACILITY: Facilities that serve children under seven years of age or sixteen
years if the children have special needs, or school-age children (under fourteen years of age or
sixteen years if they have special needs) in programs that are held before or after school hours or
during vacations.
A child care facility defined in M.G.L. c.28A, s.9.
CLUB OR LODGE, PRIVATE: Buildings, structures and premises used by a non-profit social
or civic organization or by a nonprofit organization, catering exclusively to members and their
guests for social, civic, recreation, or athletic purposes which are not conducted primarily for
gain and provided there are no vending stands, merchandising, or commercial activities except as
may be required generally for the membership and purposes of such organization.
COMMERCIAL RECREATION, INDOORS: A structure for recreational, social or
amusement purposes, which may include as an accessory, use the consumption of food and
drink, including all connected rooms or space with a common means of egress and entrance.
Places of assembly shall include theaters, concert halls, dance halls, skating rinks, bowling
alleys, health clubs, dance studios, or other commercial recreational centers conducted for or not
for profit.
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COMMERCIAL RECREATION, OUTDOORS: Driving range, bathing beach, sports club,
horseback riding stable, boathouse, marina or other commercial recreation carried on in whole or
in part outdoors, except those activities more specifically designated in this ordinance.
COMMUNICATION EQUIPMENT SHELTER: A structure located at a base station
designed principally to enclose equipment used in connection with personal wireless service
transmissions.
CONVENIENCE STORE: A retail store that sells groceries and may also sell gasoline; does
not include automotive service stations, or vehicle repair shops.
CREMATORY: A building containing a furnace designed and intended to be used for
cremating the dead and owned and controlled by a cemetery corporation or crematory
corporation duly organized under the laws of the state.
DETACHED: Separate from.
DBM: Unit of measure of the power level of an electromagnetic signal expressed in decibels
referenced to I milliwatt.
DWELLING: A building designed and occupied as the living quarters of one (1) or more
families. Single-and two-family dwellings shall be designed for and occupied by not more than
one(l) or two (2) families, respectively. A multifamily dwelling shall be one designed for and
occupied by three (3) or more families. Hotels, lodging houses, hospitals, membership clubs, or
dormitories shall not be considered dwellings.
EARTH REMOVAL: Extraction of sand, gravel, top soil, or other earth for sale or for use at a
site removed from the place of extraction exclusive of the grading of a lot preparatory to the
construction of a building for which a building permit has been issued, or the grading of streets
in accordance with an approved definitive plan and exclusive of granite operations.
EDUCATIONAL USE: Use of land or structures for education purposes on land owned or
leased by the Commonwealth or any of its agencies, subdivisions or bodies politic or by a
religious sect or denomination, or by a non-profit education corporation. Educational facilities
not exempted from regulation by M.G.L. 40A, s.3.
EMF: Electromagnetic frequency radiation.
ERECT: To build, construct, reconstruct, move upon, or conduct any physical development of
the premises required for a building; to excavate, fill, drain, and the like preparation for building
shall also be considered to erect.
ESSENTIAL SERVICES: Services provided by a public service corporation or by
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govemmental agencies through erection, construction, alteration, or maintenance of gas,
electrical, steam, or water transmission or distribution systems and collection, communication,
supply, or disposal systems whether underground or overhead, but not including wireless
communications facilities. Facilities necessary for the provision of essential services include
poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment in connection therewith.
FACILITY SITE: The location within a Wireless Telecommunications Overlay District leased
by one of more personal wireless service providers and upon which one or more personal
wireless service facility(s) and required landscaping are located.
FAMILY: A number of individuals related by blood, marriage and/or adoption or a group of
unrelated individuals not to exceed four (4) who are occupying a dwelling unit and living as a
single nonprofit housekeeping unit. This definition, however, does not apply to non-related
disable persons as defined by any applicable federal and/or state law and/or regulations.
FAMILY DAY CARE FACILITY: Any private residence which on a regular basis receives
for temporary custody and care during part of all of the day, children under seven (7) years of
age or children under sixteen (16) years of age if such children have special needs. Provided,
however, in either case, that the total number of children shall not exceed more than six (6),
excluding participating children living in the residence.
FARMST AND: A facility for the sale of produce, and wine and dairy products, provided that
during the months of June, July, August, and September of every year, or during the harvest
season of the primary crop raised on land of the owner or lessee, the majority of such products
for sale, based on either gross sales dollars or volume, have been produced by the owner or
lessee of land containing more than five acres on which the facility is located used primarily for
agriculture in conformance with M.O.L. c.40A, s.3.
FCC: Federal Communications Commission. The government agency responsible for regulating
telecommunications in the United States.
FCC 96-326: A report and order which sets new national standards for emissions of radio
frequency emissions from FCC regulated transmitters.
FENCE: An artificially constructed barrier of any material or combination of materials erected
to enclose or screen areas afland.
FLOOD OR FLOODING: A general and temporary condition of partial or complete
inundation of normally dry land areas from:
(I) The overflow of inland or tidal waters;
(2) The unusual and rapid accumulation Dr runoff of surface waters from any source.
FLOODWA Y: The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
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surface elevation more than one foot.
FLOODWA Y FRINGE: The land in the floodplain within a community subject to a one
percent or greater chance of flooding in a given year that is located outside of the tloodway.
GARAGE, PRIVATE: A building or space used as an accessory to or a part of a main building
permitted in any residential district, and providing for the storage of one or more motor vehicles
and in which no business, occupation or service for profit is in any way conducted.
GARAGE, PUBLIC: A garage, other than a private or storage garage, which is used for the
short-term parking of vehicles.
GARAGE, REPAIR: A building or portion thereof, other than a private or storage garage,
designed or used for equipping, servicing, repairing, hiring, selling, and/or storing of motor
vehicles. The term repairing shall not include an automobile body repair shop nor the rebuilding,
dismantling, or storage of wrecked or junked vehicles.
GASOLINE SERVICE STATION: A gasoline service station shall include any business
selling or offering for sale any motor fuel, such as gasoline or diesel fuel, to the public, whether
or not the public permitted or expected to operate the pump to put the fuel into a motor vehicle's
fuel tank or a container, and shall include gasoline filling stations and gasoline self-service
stations. For the purposes of this ordinance gasoline service station shall also include any site
used or operated as a retail refueling site, including the fuels of gasoline, propane, electricity and
hydrogen. (Approved by Council 5/5/03)
GHZ: Gigahertz: one billion hertz.
GRADE OF SERVICE: A measure of the percentage of calls which are able to connect to the
base station, during the busiest hour of the day. Grade of service is expressed as a number, such
as p. 05, which means that 95% of callers will connect on their first try. A lower number (p. 04)
indicates a better grade of service.
HALF STORY: The space between the ceiling of the top story of a building and the roof where
the area and height are sufficient for sleeping and living quarters.
HAZARDOUS MATERIAL: Any substance which is listed in, but not limited to, the EPA
priority pollutants as described in section 307 (a) of the Clean Water Act, as amended.
HEIGHT: The vertical distance from the average finished grade of the adjacent ground to the
top of the structure of the highest roof beams of a flat roof, or the mean level of the highest gabJe
or slope of a hip roof.
HERTZ: One hertz is the frequency of an electric or magnetic field which reverses polarity
once each second or one cycle per second.
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HOME OCCUPATION: An occupation, business, trade, service or profession which is
incidental to and conducted in a dwelling unit or in a building or other accessory structure
thereto, by a resident thereof.
HOSPITAL: An institution providing primary health services and medical or surgical care to
persons, primarily in-patients, suffering from illness, disease, injury, deformity and other
abnormal physical or mental conditions, and including, as an integral part of the institution
related facilities such as laboratories, outpatient facilities or training facilities, a sanitarium, and
clinic. The term "hospital" does not include a rest home, nursing home andlor convalescent
home. (Jessica)
HOUSEKEEPING UNIT: See definition of "family".
JUNK VEHICLES: A wrecked, damaged, destroyed, non-operational, abandoned or
disassembled trailer, house trailer, boat, tractor, automobile, aircraft, or other motor vehicle, or
any parts thereof. A junk vehicle includes apparently inoperable, immobile, disassembled or
extensively damaged vehicles. Evidence of non-operation and damaged includes, but is not
limited to, a buildup of debris that obstructs use, a broken window or windshield, a missing
wheel, a flat tire, a nonfunctional motor or transmission, missing bumpers, or missing plates and
the like.
KENNEL, COMMERCIAL: An establishment licensed to operate a facility housing dogs,
cats, or other household pets and where grooming, breeding, boarding, training or selling of
animals is conducted as a business.
KENNEL, PRIVATE: Any building or land designated or arranged for the care of dogs, cats or
other household pets belonging to the owner of the residential, principal use, kept for purposes of
show, hunting, or as pets.
LODGING HOUSE: A building containing more than five (5) lodging units for semi-
permanent residence (longer than one (l) week) for compensation and which meals may also be
supplied as part of the fee. This shall not include bed and breakfast home uses, congregate
housing, motels, hotels, multi-family dwellings, or nursing homes.
LIGHT MANUFACTURING: Fabrication, assembly, processing, finishing work or
packaging.
LOADING SPACE, OFF-STREET: Space located on the same lot with principal building, or
contiguous to a group of buildings, for bulk pickups and deliveries, scaled to delivery vehicles
expected to be used, and accessible to such vehicles when required off-street parking spaces are
filled. It shall abut a street, alley, or other appropriate means of ingress or egress.
LOT: A continuous parcel of land with legally definable boundaries.
LOT, AREA: The horizontal area of the lot exclusive of any area in a street or recorded way
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open to public use.
LOT, CORNER: A lot located at the intersection of two or more streets.
LOT, DEPTH OF: The mean distance from the street line of the lot to its opposite rear line
measured in the general direction of the side lines of the lot.
LOT, FRONTAGE OF: A lot line coinciding with the sideline of a street which provides legal
rights of vehicular access and actual physical vehicular access to the lot. Frontage shall be
measured continuously along a street and shall be the horizontal distance between the side lot
lines measured at the point where the side lot lines intersect with the front set back line. Lots
adjacent to paper streets may not use any portion of the paper street in calculating frontage or lot
area.
LOT LINE: A line dividing one lot from another, or from a street or any public place.
LOT LINE, REAR: The lot line opposite the street line, except that, in the case of a comer lot,
the rear lot line shall be the line opposite the street line on which the building is numbered or
would be numbered.
MAJOR MODIFICATION OF AN EXSITING FACILITY; Any change or proposed change
in power input or output, number of antennas, change in antenna type or model, repositioning of
antenna (s), change in number of channels per antenna above the maximum number approved
under an existing special permit. Also any increase or proposed increase in dimensions of an
existing and permitted tower or other structure designed to support personal wireless service
transmissions, receiving and/or relaying antennas andlor equipment.
MEDICAL CENTER OR CLINIC: A building designed and used for the diagnosis and
treatment of human patients that does not include overnight care facilities.
MHZ; Megahertz: one million hertz.
MILE: A "mile" (5,280 feet) is to be measured from a point on an imaginary line which is
perpendicular to the vertical line at that point.
MONITORING: The measurement, by the use of instruments in the field, of the radiation from
a site as a whole or from individual personal wireless service facilities, towers or antennas.
MONITORING PROTOCOL: The testing protocol, initially the Cobbs Protocol, which is to
be used to monitor the emissions from existing and new personal wireless service facilities and
towers upon adoption of this article. The SPGA may, as the technology changes, require, by
written regulation, the use of other testing protocols. A copy of the monitoring protocol shall be
on file with the Town Clerk.
MONOPOLE: A single self-supporting vertical pole with below-grade foundations.
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MOUNT: The structure or surface upon which antennas are mounted, including the following
four types of mounts:
A. Roof-mounted: mounted on the roof of a building.
B. Side-mounted: mounted on the side of a building.
C. Ground-mounted: mounted on the ground
D. Structure-mounted: mounted on a structure other than a building.
MOTEL: A building or buildings intended and designed for transient overnight or extended
occupancy, divided into separate units within the same building with or without a public dining
facility.
MOTOR VEHICLE COMMERCIAL: Any vehicle used or designed to be used for business
or commercial purposes that infringes on the residential character of residential districts and
includes, but is not necessarily limited to: a bus, cement truck, commercial tree-trimming
equipment, construction equipment, dump truck, garbage truck, panel truck, semi-tractor, semi-
trailer, stake bed truck, step van, tank truck, tar truck, fire truck, or the like, or other commercial
type vehicle licensed by the state as a commercial vehicle or truck.
MOTOR VEHICLE GENERAL OR BODY REPAIR: An establishment, garage or work
area enclosed within a building where repairs are made or caused to be made to motor vehicles
and their bodies, including fenders, bumpers and similar components of motor vehicle bodies,
but does not include the storage of vehicles for the cannibalization of parts or fuel sal es.
MUNICIPAL FACILITIES: Facilities owned or operated by the Town of Agawam,
NON-CORNFORMING BUILDING OR STRUCTURE: A building or structure, existing at
the effective date of this ordinance, or any subsequent amendment to, which does not conform to
one or more provisions of this ordinance.
NON-CONFORMING LOT: A lot lawfully existing at the effective date of this ordinance, or
any subsequent amendment to, which is not in accordance with all the provisions of this
ordinance.
NON-CONFORMING USE: A use lawfully existing at the time of adoption of this ordinance,
or any subsequent amendment thereto, which does not conform to one or more provisions of this
ordinance.
NURSING, REST HOME, OR CONVALESCENT HOME: An extended or intermediate
care facility licensed or approved to provide full-time convalescent or chronic care to individuals
• •
who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
OFF-STREET PARKING SPACE: A space of 200 square feet or more plus access and
maneuvering space, whether inside or outside a structure for exclusive use as a parking stall for
one motor vehicle, and further being surfaced with durable pavement.
OPEN SPACE: The space on a lot unoccupied by buildings, structures, driveways, off-street
parking or loading spaces or other impervious surfaces.
ORDINARY HIGH-WATER MARK: The highest point on the bank of a f100dway or
floodplain at which the water level has been for a sufficient period of time to leave a definite
mark.
PERSONAL WIRELESS SERVICES: Commercial mobile services, unlicensed wireless
services and common carrier wireless exchange access services. These services include: cellular
services, personal communications services (PCS), specialized mobile radio services and paging
servlCes.
PERSONAL WIRELESS SERVICE FACILITY: All equipment (excluding any repeaters)
with which a personal wireless service provider broadcasts and receives the radio frequency
waves which carry their services and all locations of said equipment or any part thereof. This
facility may be sited on one or more towers or structures( s) owned and permitted by another
owner or entity.
PERSONAL WIRELESS SERVICE PROVIDER: An entity licensed by the FCC to provide
personal wireless services to individuals or institutions.
PRINCIPAL BUILDING: A building in which is conducted the principal use of the lot on
which it is located.
PRINCIPAL USE: The main or primary purpose for which a structure or lot is designed,
arranged or intended, or for which it may be used, occupied or maintained under this ordinance.
Any other use within the main structure or the use of any other structure or land on the same lot
and incidental or supplementary to the principal use and permitted under this ordinance shall be
considered an accessory use.
RADIATION PROPAGATION STUDIES OR RADIAL PLOTS; Computer generated
estimates of the radiation emanating from antennas or repeaters sited on a specific tower or
structure. The height above mean sea level, power input and output, frequency output, type of
antenna, antenna gain, topography of the site and its surroundings are all taken into account to
create these simulations. They are the primary tool for determining whether a site will provide
adequate coverage for the personal wireless service facility proposed for that site.
REAR YARD: The required unoccupied space or area within the rear lot line and the part of the
principal building nearest such rear lot line.
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RESTAURANT: A building, or portion thereof, which is designed, intended and used for the
indoor sales and consumption of food prepared on the premises, except that food may be
consumed out doors in landscaped terraces, designed for dining purposes, which are adjuncts to
the main indoor restaurant facility. The term "restaurant" shall not include "fast food
establishments" .
RESTAURANT, FAST-FOOD: An establishment engaged primarily in the business of
preparing food and purveying it on a self-service or semi self-service basis. Customer orders
andlor service may be by means of a walk-up counter or window designed to accommodate
automobile traffic. Consumption is either on or off the premises.
RESTAURANT, DRIVE-IN AND DRIVE-THROUGH: A restaurant which provides
convenient vehicular access and may provide service to customers while in their vehicles.
SANITARIUM: A hospital used for treating chronic and usually long-term illness.
SEMI-DETACHED DWELLING: A single-family residential unit that is joined on one side
to another single-family residential unit having a party wall between the units.
SERVICES, PROFESSIONAL: Establishments primarily engaged in rendering services by
professional persons on a fee or contract basis, including, but not limited to the following:
accounting, auditing, and bookkeeping; medical, dental or health; planning, engineering and
architectural; education and science; attorneys and notary publics; etc.
SETBACK: The minimum required unoccupied space or area between the street line of which
.the building is numbered or would be numbered and the part of the building nearest such street
line, such unoccupied space or area extending the entire width or distance across the lot.
SIDE LOT LINE: The line dividing one lot from another.
SIDE YARD: The required unoccupied space and area within the lot between the side lot line
and parts of the building nearest such side lot line. In the case of a comer lot, one of the side
yards shall be the unoccupied space or area between the street line of the side street and the parts
of the building nearest to such street line.
SIGN: Any device, surface or framework on which words, symbols or other designs, are
inscribed or displayed and designed to call attention thereto, including flags, banners and the
like.
SIGN, ACCESSORY: Any sign that advertises or indicates the person occupying the premises
on which the sign is erected or maintained or the business transacted thereon or the products sold
thereon.
SIGN, AREA OF:
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A. Area of the face: The area of the face ofa sign shall be considered to include all lettering,
working and accompanying designs and symbols, together with the background on which
they are displayed and any cutouts or extensions.
B. The area of a sign consisting of individual letters or symbols attached to or painted on a
surface, building, wall or window shall be considered to be that of the smallest
quadrangle or triangle which encompasses all the letters and symbols.
C. The area of a sign consisting of a three-dimensional object shall be considered to be the
area of the largest vertical cross section of that object.
D. In computing the area of the signs, both sides of v-shaped signs, but only one (I) side of
the back-to-back signs, shall be counted.
Sign, billboard: Any non-accessory sign greater in face area than 40 square feet.
Sign, color: The color concept of the sign shall be such that it does not violate the purpose of
this Article.
Sign, instructional: Signs indicating "entrance", "exit" or the like, erected on premises for the
direction of persons or vehicles.
Sign, outdoor advertising board: The Outdoor Advertising Board of the Commonwealth or
any board or official which may hereafter succeed to its powers or functions.
Sign, overhanging: A sign or other advertising device which hangs or extends over a sidewalk
or a way in which the public has a right of access. Wall signs and standing signs shall not be
included in this definition.
Sign, real estate: A sign advertising the sale, rental or lease of the premises on which it is
maintained.
Sign, standing: A sign standing or hanging free on its own support; such support may be
attached to a building or fixed in or to the ground. "Standing signs" may have two (2) faces or
sides showing in opposite directions.
Sign, structure: The supports, uprights, bracing and framework of a sign. Any color applied to
the "structure" shall meet the purposes of this Article.
Sign, temporary: Any sign, including its supporting structure, intended to be maintained for a
period less than one hundred eight (180) days for agricultural purposes and sixty (60) days for
any other purposes.
• •
Sign, wall: A sign fastened or affixed parallel to and within twelve (12) inches of the wall of a
building.
Sign, window: A sign painted or placed on the inside or outside of a window.
SINGLE-FAMILY DWELLING: A structure designed exclusively for and occupied
exclusively by one family.
SITE PLAN: A plan, to scale, showing uses and structures proposed for a parcel of land as
required by the wning regulations, including lot lines, streets, building sites, buildings,
landscape features, traffic circulation, parking, drainage, utilities, signs, topography and lighting
within the parcel. .
SPECIAL PERMIT GRANTING AUTHORITY: The Board of Appeals of the Town of
Agawam.
STORAGE CAPACITY OF A FLOODPLAIN: The volume of space above an area of
floodplain that can be occupied by flood water of a given stage at a given time, regardless of
whether the water is moving.
STORY: The horizontal portion through a building between £loor and ceiling. The word
"story" shall not include the portion of the basement or cellar of a building above grade or an
attic as defined in this section.
STREET: An accepted city way, or a way established by or maintained under county, state, or
federal authority, or a way established by a subdivision plan approved in accordance with the
subdivision control law actually constructed to specifications or for which adequate security
exists to construct such a way.
STREET LINE: The dividing line between a street and a lot and, in the case of a public way,
the street line established by the public authority laying out such way upon which the lot abuts.
STREET, PAPER: A street shown on a recorded plan but never built on the ground.
STREET RIGHT-OF-WAY: A general term denoting land, property or interest therein,
usually a strip acquired for or devoted to a planned roadway. A street right-of-way should be
sufficient to accommodate the ultimate roadway, including, but not limited to: the street
pavement, shoulder, grass strip, sidewalk, public utility facilities, street trees, and snow storage.
STRUCTURE: A combination of materials assembled at a fixed location to give support or
shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin fence,
sign, flagpole, recreational tramway, and mast for radio antenna or the like. The word
"structure" shall be construed, where the context allows, as though followed by the words "or
part or parts thereof'.
, • •
SUBSTANTIAL IMPROVEMENT IN THE FLOODPLAIN: Any repair, reconstruction or
improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the
assessed value of the structure either before the improvement is started or, 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.
TOWER: A monopole that is designed to support personal wireless service transmission,
receiving and/or relaying antennas and/or equipment.
TRAILER: Any so-called automobile trailer, mobile home or trailer coach, including any
portable structure, means of conveyance or vehicle so designed or constructed, altered or
converted in any manner as to permit occupancy thereof for dwelling or sleeping purposes.
TRUCKING TERMINAL: Terminal facilities for handling freight with or without
maintenance facilities.
UNREGISTERED MOTOR VEHICLES: Any motor vehicle or trailer not registered in
accordance with Massachusetts General Laws Chapter 90, or any motor vehicle which fails to
carry or display its license plate as provided in §6 of said Chapter 90; or any motor vehicle or
trailer owned by a non-resident who has failed to comply with the registration laws of the non-
resident state or country.
USE, SUBST ANTIALL Y DIFFERENT: A use which by reason of its normal operation would
cause readily observable differences in patronage, service, sight, noise, employment or similar
characteristics from the use to which it is being compared.
WIRELESS TELECOMMUNICATIONS OVERLAY DISTRICT (WTOD): Specific
area(s), determined by engineering analysis to contain sites where adequate service may be
provided to the Town of Agawam, which, at the same time, have the potential of reducing or
mitigating negative impacts in accordance with the Overlay District as defined in this article.
YARD: A space open to the sky, located between a building or structure and a lot line,
unoccupied except by fences, walls, poles, paving, and other customary yard accessories.
YARD, FRONT: A yard extending the full width of the lot and situated between the street line
and nearest point of the building.
YARD, REAR: The required unoccupied space or area within the rear lot line and the part of
the principal building nearest such rear lot line.
YARD, SIDE: The required unoccupied space or area within the lot between the side lot line
and parts of the building nearest such side lot line. In the case of a corner lot one (1) of the side
yards shall be the unoccupied space or area between the street line of the side street and the parts
of the building nearest to such street line.
PRESIDENT
Christopher C. Johnson
VICE PRESIDENT
Dennis J Perry
COUNCILORS
George Bitzas
Cecilia P. Calabrese
Paul C. Cavallo
James P. Cichetti
Gina M Letellier
Robert A. Magovern
Joseph 1'vfineo
Donald M Rheault
Robert E. Rossi
ADMINISTRATIVE
ASSISTANT
Barbara A. Bard
TELEPHONE
(413) 786-0400 Ext. 8716
FAX
(4/3) 726-9717
EMAIL
bbard@agawam.ma.us
!GA W AM CITf-COUNCIL
36 MAIN STREET
AGAWAM, MASSACHUSETTS 01001
September 6, 2012
Agawam Planning Board
Town Hall
36 Main Street
Agawam, MA. 0100 I
Re: TOR-2012-3 (Zoning Definitions and Word Usage Ordinance)
Dear Members of the Agawam Planning Board:
At its regularly scheduled City Council meeting of September 4,2012, the Agawam
City Council referred TOR-20 12-3 which is a proposed Ordinance to Amend the
Code of the Town of Agawam Zoning Ordinances § 180-2 "Definitions and Word
Usage" (a copy of which is attached hereto) to the Agawam Planning Board for them
to hold a public hearing. The City Council also set a date of October 15,2012 on
which to hold their public hearing on the same.
If you have any questions, please do not hesitate to contact me.
Sincerely,
~;~
Agawam City Council
CCJ/bb
cc: Full Council
Mayor
Solicitor
I • •
TOR-2012-3
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING
ORDINANCES §180-2 "DEFINITIONS AND WORD USAGE."
WHEREAS, the Agawam Planning Board voted to act as petitioner for proposed zoning
amendment to § 180-2 "Definitions and word Usage;" and
WHEREAS, the new definitions section updates existing definitions and reorganizes
definitions that are presently found in various sections of the Town Code; and
WHEREAS, it is in the best interest of the Town of Agawam to update and reorganize
the definitions contained in the Agawam Town Code.
NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves, ordains and
amends and enacts the following amendments to the Code of the Town of Agawam:
Delete Section § 180-2 in its entirety.
Delete Section § 180-92 in its entirety.
Delete Section § 180-75 in its entirety.
Add the following:
§ 180-75 Purpose.
The purpose of this section is to provide for the reasonable regulation and control of the erection
and maintenance of signs and advertising devices within the Town to the end that the appearance
and amenities of the Town may be preserved and enhanced, without unduly restricting the
conduct oflawful enterprise.
Add the following:
§ 180-92. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
ACT The Telecommunications Act of 1996.
Add the Following: See exhibit A attached.
• •
DATED THIS __ OF _______ , 2012.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, President
.S TO FORM .AND LEGALITY
\ ,
Vincent . ,Solicitor
• •
Exhibit A
ARTICLE VI, DEFINITIONS
AGAWAM ZONING ORDINANCE
§ 180-2 Definitions and word usage
For the purpose of this Ordinance, certain terms and words shall have the following meaning.
Words used in the present tense include the future; the plural number includes the singular; the
words "used" or "occupied" include the words "designed", "arranged", "intended", or "offered to
be used or occupied"; the words "building", "structure", "lot", "land", or "premise" shall be
construed as though followed by the words "or any portion thereof'; and the word "shall" is
always mandatory and not merely directory.
Terms and words not defined herein but defined in the Building Code or Subdivision Regulations
shall have the meanings given therein unless a contrary intention clearly appears. Words not
defined in either place shall have the meaning given in the most recent edition of Webster's
Unabridged Dictionary.
Definitions
F or the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
ABANDONMENT: The cessation of a nonconforming use or structure as indicated by the
visible or otherwise indicated intention to discontinue a nonconforming use of a structure or a
lot, or the cessation of a nonconforming use or structure by its replacement with a conforming
use or structure.
ACCESSORY BUILDING: A subordinate building, located on the same lot as the main, or
principal building or principal use, the use of which is customarily incidental to the main or
principal use permitted in the district.
ACCESSORY USE: A use customarily incidental to that of the main or principal building or
use of the land.
ADEQUATE COVERAGE: Coverage is considered to be adequate within that area
surrounding a base station where the predicted or measured median field strength of the
transmitted signal for at least 75% of the covered area is greater than -95 dbm. It is acceptable
for there to be holes within the area of adequate coverage where the signal is less than -95 dbm,
as long as the signal regains its strength to greater than -95 dbm further away from the base
station. For the limited purpose of determining whether the use of a repeater is necessary or
desirable, there shall be deemed not to be adequate coverage within said holes. The outer
• •
boundary of the area of adequate coverage, however, is that location past which the signal does
not regain a strength of greater than -95 dbm.
ADEQUATE CAPACITY; Capacity is considered to be adequate if the grade of service is
p.05 or better for a worst case day in a preceding month, based on the Erllang B Tables, prior to
the date of application; or as measured using direct traffic measurement of the personal wireless
service facility in question for existing facilities requesting major modification and where the
call blocking is due to frequency contention at the antenna(s).
ADULT DAY CARE FACILITY: A building or structure where care, protection, and
supervision are provided, on a regular schedule, to adults over the age of 18.
AGRICULTURE: The production, keeping or maintenance, for sale or lease of plants and
animals useful to man, including but not limited to: forages and sad crops; grains and seed crops;
dairy animals and dairy products; poultry and poultry products; livestock including beef cattle,
swine, horses, mules, ponies, or goats or any mutations of hybrids thereof, including the breeding
and grazing of any or all such animals, bees, and apiary products, for animals, trees and forest
products; fruits of all kinds, including grapes, nuts and berries, vegetables, floral, nursery,
ornamental and green house products, or lands devoted to a soil conservation or forestry
management program.
ALTERATION: Any construction, reconstruction or other action resulting in a change in the
structural parts, height, nwnber of stories, exits, size, use or location of a building or other
structure.
AMUSEMENT PARK: A commercially operated park with a predominance of outdoor games
and activities for entertainment, including shows or riding devices, games of skill or chance, or
any combination of shows, riding devices, water slides, miniature golf, batting cages or any
combination of several enterprises, such as revolving wheels, merry-go-rounds, giant swings,
panoramas, musical and theatrical entertainments, or riding devices, whether carried on, engaged
in or conducted as one enterprise or by several concessionaries, and whether an admission fee is
charged for admission to all such shows for entertainments, or a separate fee for admission is
charged for each amusement. [Added 2-2-2001 by TOR-2001-I]
ANIMAL CLINIC OR HOSPITAL: A place where animals or pets are given medical or
surgical treatment and the boarding of animals is limited to short term care incidental to the
clinic or hospital use.
ANTENNA: A device which is attached to a tower or other structure for transmitting and
receiving electromagnetic waves.
APARTMENT HOUSE: A building or structure arranged, intended and designed to be
occupied by five or more families, living independently of each other, and each including its own
separate kitchen and bathroom accommodations. Garden-type apartments shall be considered as
an apartment house.
• •
ATTIC: The unfinished space between the ceiling of the top story of a building and its roof
which is not used for living, sleeping or eating quarters.
BASE STATION: The primary sending and receiving site in a wireless telecommunications
network.
BUILDING: A structure enclosed within exterior, walls or firewalls, built, erected and framed
of a combination of any materials, whether portable or fixed, having a roof, to form a structure
for the shelter of persons, animals or property. For the purpose of this definition, "roof' shall
include an awning or any similar covering, whether or not permanent in nature. The word
"building" shall be constructed, where the context requires, as though followed by words "or part
or parts thereof'. A porch or an attached garage, greenhouse or similar structure is to be
considered as part of a building when considering the requirements of setback, side or rear yards.
BUSINESS: The transacting or carrying on of a trade or commercial enterprise with a view to
profit or for livelihood.
CEMETERY: Land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes including columbarium, crematoriums, mausoleums, and funeral
establishments, when operated in conjunction with and within the boundary of such cemetery
under the care and supervision of the Town or other public authority.
CHANNEL: The segment of the radiation spectrum from an antenna which carries one signa!.
An antenna may radiate on many channels simultaneously.
CHILDCARE FACILITY: Facilities that serve children under seven years of age or sixteen
years if the children have special needs, or school-age children (under fourteen years of age or
sixteen years if they have special needs) in programs that are held before or after school hours or
during vacations.
A child care facility defined in M.G.L. c.28A, s.9.
CLUB OR LODGE, PRIVATE: Buildings, structures and premises used by a non-profit social
or civic organization or by a nonprofit organization, catering exclusively to members and their
guests for social, civic, recreation, or athletic purposes which are not conducted primarily for
gain and provided there are no vending stands, merchandising, or commercial activities except as
may be required generally for the membership and purposes of such organization.
COMMERCIAL RECREATION, INDOORS: A structure for recreational, social or
amusement purposes, which may include as an accessory, use the consumption of food and
drink, including all connected rooms or space with a common means of egress and entrance.
Places of assembly shall include theaters, concert halls, dance halls, skating rinks, bowling
alleys, health clubs, dance studios, or other commercial recreational centers conducted for or not
for profit.
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COMMERCIAL RECREATION, OUTDOORS: Driving range, bathing beach, sports club,
horseback riding stable, boathouse, marina or other commercial recreation carried on in whole or
in part outdoors, except those activities more specifically designated in this ordinance.
COMMUNICATION EQUIPMENT SHELTER: A structure located at a base station
designed principally to enclose equipment used in connection with personal wireless service
transmissions.
CONVENIENCE STORE: A retail store that sells groceries and may also sell gasoline; does
not include automotive service stations, or vehicle repair shops.
CREMATORY: A building containing a furnace designed and intended to be used for
cremating the dead and owned and controlled by a cemetery corporation or crematory
corporation duly organized under the laws of the state.
DETACHED: Separate from.
DBM: Unit of measure of the power level of an electromagnetic signal expressed in decibels
referenced to I milliwatt.
DWELLING: A building designed and occupied as the living quarters of one (1) or more
families. Single-and two-family dwellings shall be designed for and occupied by not more than
one (1) or two (2) families, respectively. A multifamily dwelling shall be one designed for and
occupied by three (3) or more families. Hotels, lodging houses, hospitals, membership clubs, or
donnitories shall not be considered dwellings.
EARTH REMOVAL: Extraction of sand, gravel, top soil, or other earth for sale or for use at a
site removed from the place of extraction exclusive of the grading of a lot preparatory to the
construction of a building for which a building pennit has been issued, or the grading of streets
in accordance with an approved defmitive plan and exclusive of granite operations.
EDUCATIONAL USE: Use of land or structures for education purposes on land owned or
leased by the Commonwealth or any of its agencies, subdivisions or bodies politic or by a
religious sect or denomination, or by a non-profit education corporation. Educational facilities
not exempted from regulation by M.G.L. 40A, s.3.
EMF: Electromagnetic frequency radiation.
ERECT: To build, construct, reconstruct, move upon, or conduct any physical development of
the premises required for a building; to excavate, fill, drain, and the like preparation for building
shall also be considered to erect.
ESSENTIAL SERVICES: Services provided by a public service corporation or by
• •
governmental agencies through erection, construction, alteration, or maintenance of gas,
electrical, steam, or water transmission or distribution systems and collection, communication,
supply, or disposal systems whether underground or overhead, but not including wireless
communications facilities. Facilities necessary for the provision of essential services include
poles, wires, drains, sewers, pipes, conduits, cables, fire alann boxes, police call boxes, traffic
signals, hydrants and other similar equipment in connection therewith.
FACILITY SITE: The location within a Wireless Telecommunications Overlay District leased
by one of more personal wireless service providers and upon which one or more personal
wireless service facility(s) and required landscaping are located.
FAMILY: A number of individuals related by blood, marriage andlor adoption or a group of
unrelated individuals not to exceed four (4) who are occupying a dwelling unit and living as a
single nonprofit housekeeping unit. This definition, however, does not apply to non-related
disable persons as defined by any applicable federal andlor state law andlor regulations.
FAMILY DAY CARE FACIqTY: Any private residence which on a regular basis receives
for temporary custody and care during part of all of the day, children under seven (7) years of
age or children under sixteen (16) years of age if such children have special needs. Provided,
however, in either case, that the total number of children shall not exceed more than six (6),
excluding participating children living in the residence.
FARMSTAND: A facility for the sale of produce, and wine and dairy products, provided that
during the months of June, July, August, and September of every year, or during the harvest
season of the primary crop raised on land of the owner or lessee, the maj ority of such products
for sale, based on either gross sales dollars or volume, have been produced by the owner or
lessee of land containing more than five acres on which the facility is located used primarily for
agriculture in conformance with M.G.L. cAOA, s.3.
FCC: Federal Communications Commission. The government agency responsible for regulating
telecommunications in the United States.
FCC 96-326: A report and order which sets new national standards for emissions of radio
frequency emissions from FCC regulated transmitters.
FENCE: An artificially constructed barrier of any material or combination of materials erected
to enclose or screen areas of land.
FLOOD OR FLOODING: A general and temporary condition of partial or complete
inundation of normally dry land areas from:
(I) The overflow of inland or tidal waters;
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
• •
surface elevation more than one foot.
FLOODWA Y FRINGE: The land in the floodplain within a community subject to a one
percent or greater chance of flooding in a given year that is located outside of the floodway.
GARAGE, PRIVATE: A building or space used as an accessory to or a part of a main building
permitted in any residential district, and providing for the storage of one or more motor vehicles
and in which no business, occupation or service for profit is in any way conducted.
GARAGE, PUBLIC: A garage, other than a private or storage garage, which is used for the
short-term parking of vehicles.
GARAGE, REPAIR: A building or portion thereof, other than a private or storage garage,
designed or used for equipping, servicing, repairing, hiring, selling, and/or storing of motor
vehicles. The term repairing shall not include an automobile body repair shop nor the rebuilding,
dismantling, or storage of wrecked or junked vehicles.
GASOLINE SERVICE STATION: A gasoline service station shall include any business
selling or offering for sale any motor fuel, such as gasoline or diesel fuel, to the public, whether
or not the public permitted or expected to operate the pump to put the fuel into a motor vehicle's
fuel tank or a container, and shall include gasoline filling stations and gasoline self-service
stations. For the purposes of this ordinance gasoline service station shall also include any site
used or operated as a retail refueling site, including the fuels of gasoline, propane, electricity and
hydrogen. (Approved by Council 5/5/03)
GHZ: Gigahertz: one billion hertz.
GRADE OF SERVICE: A measure of the percentage of calls which are able to connect to the
base station, during the busiest hour of the day. Grade of service is expressed as a number, such
as p. 05, which means that 95% of callers will connect on their first try. A lower number (p. 04)
indicates a better grade of service.
HALF STORY: The space between the ceiling of the top story of a building and the roof where
the area and height are sufficient for sleeping and living quarters.
HAZARDOUS MATERIAL: Any substance which is listed in, but not limited to, the EPA
priority pollutants as described in section 307 (a) of the Clean Water Act, as amended.
HEIGHT: The vertical distance from the average finished grade of the adjacent ground to the
top of the structure of the highest roof beams of a flat roof, or the mean level of the highest gable
or slope of a hip roof.
HERTZ: One hertz is the frequency of an electric or magnetic field which reverses polarity
once each second or one cycle per second.
• •
HOME OCCUPATION: An occupation, business, trade, service or profession which is
incidental to and conducted in a dwelling unit or in a building or other accessory structure
thereto, by a resident thereof.
HOSPITAL: An institution providing primary health services and medical or surgical care to
persons, primarily in-patients, suffering from illness, disease, injury, deformity and other
abnormal physical or mental conditions, and including, as an integral part of the institution
related facilities such as laboratories, outpatient facilities or training facilities, a sanitarium, and
clinic. The term "hospital" does not include a rest home, nursing home and/or convalescent
home. (Jessica)
HOUSEKEEPING UNIT: See defmition of "family".
JUNK VEIDCLES: A wrecked, damaged, destroyed, non-operational, abandoned or
disassembled trailer, house trailer, boat, tractor, automobile, aircraft, or other motor vehicle, or
any parts thereof. A junk vehicle includes apparently inoperable, immobile, disassembled or
extensively damaged vehicles. Evidence of non-operation and damaged includes, but is not
limited to, a buildup of debris that obstructs use, a broken window or windshield, a missing
wheel, a flat tire, a nonfunctional motor or transmission, missing bumpers, or missing plates and
the like.
KENNEL, COMMERCIAL: An establishment licensed to operate a facility housing dogs,
cats, or other household pets and where grooming, breeding, boarding, training or selling of
animals is conducted as a business.
KENNEL, PRIVATE: Any building or land designated or arranged for the care of dogs, cats or
other household pets belonging to the owner of the residential, principal use, kept for purposes of
show, hunting, or as pets.
LODGING HOUSE: A building containing more than five (5) lodging units for semi-
permanent residence (longer than one (I) week) for compensation and which meals may also be
supplied as part of the fee. This shall not include bed and breakfast home uses, congregate
housing, motels, hotels, multi-family dwellings, or nursing homes.
LIGHT MANUFACTURING: Fabrication, assembly, processing, finishing work or
packaging.
LOADING SPACE, OFF -STREET: Space located on the same lot with principal building, or
contiguous to a group of buildings, for bulk pickups. and deliveries, scaled to delivery vehicles
expected to be used, and accessible to such vehicles when required off-street parking spaces are
filled. It shall abut a street, alley, or other appropriate means of ingress or egress.
LOT: A continuous parcel ofland with legally definable boundaries.
LOT, AREA: The horizontal area of the lot exclusive of any area in a street or recorded way
• •
open to public use.
LOT, CORNER: A lot located at the intersection of two or more streets.
LOT, DEPTH OF: The mean distance from the street line of the lot to its opposite rear line
measured in the general direction of the side lines of the lot.
LOT, FRONTAGE OF: A lot line coinciding with the sideline of a street which provides legal
rights of vehicular access and actual physical vehicular access to the lot. Frontage shall be
measured continuously along a street and shall be the horizontal distance between the side lot
lines measured at the point where the side lot lines intersect with the front set back line. Lots
adjacent to paper streets may not use any portion of the paper street in calculating frontage or lot
area.
LOT LINE: A line dividing one lot from another, or from a street or any public place.
LOT LINE, REAR: The lot line opposite the street line, except that, in the case of a corner lot,
the rear lot line shall be the line opposite the street line on which the building is numbered or
would be numbered.
MAJOR MODIFICATION OF AN EXSITING FACILITY: Any change or proposed change
in power input or output, number of antennas, change in antenna type or model, repositioning of
antenna (s), change in number of channels per antenna above the maximum number approved
under an existing special permit. Also any increase or proposed increase in dimensions of an
existing and permitted tower or other structure designed to support personal wireless service
transmissions, receiving andlor relaying antennas and/or equipment.
MEDICAL CENTER OR CLINIC: A building designed and used for the diagnosis and
treatment of human patients that does not include overnight care facilities.
MHZ: Megahertz: one million hertz.
MILE: A "mile" (5,280 feet) is to be measured from a point on an imaginary line which is
perpendicular to the vertical line at that point.
MONITORING: The measurement, by the use of instruments in the field, of the radiation from
a site as a whole or from individual personal wireless service facilities, towers or antennas.
MONITORING PROTOCOL: The testing protocol, initially the Cobbs Protocol, which is to
be used to monitor the emissions from existing and new personal wireless service facilities and
towers upon adoption of this article. The SPGA may, as the technology changes, require, by
written regulation, the use of other testing protocols. A copy of the monitoring protocol shall be
on file with the Town Clerk.
MONOPOLE: A single self-supporting vertical pole with below-grade foundations.
• •
MOUNT: The structure or surface upon which antennas are mounted, including the following
four types of mounts:
A. Roof-mounted: mounted on the roof of a building.
B. Side-mounted: mounted on the side of a building.
c. Ground-mounted: mounted on the ground
D. Structure-mounted: mounted on a structure other than a building.
MOTEL: A building or buildings intended and designed for transient overnight or extended
occupancy, divided into separate units within the same building with or without a public dining
facility.
MOTOR VEHICLE COMMERCIAL: Any vehicle used or designed to be used for business
or commercial purposes that infringes on the residential character of residential districts and
includes, but is not necessarily limited to: a bus, cement truck, commercial tree-trimming
equipment, construction equipment, dump truck, garbage truck, panel truck, semi-tractor, semi-
trailer, stake bed truck, step van, tank truck, tar truck, fire truck, or the like, or other commercial
type vehicle licensed by the state as a commercial vehicle or truck.
MOTOR VEHICLE GENERAL OR BODY REPAIR: An establishment, garage or work
area enclosed within a building where repairs are made or caused to be made to motor vehicles
and their bodies, including fenders, bumpers and similar components of motor vehicle bodies,
but does not include the storage of vehicles for the cannibalization of parts or fuel sales.
MUNICIPAL FACILITIES: Facilities owned or operated by the Town of Agawam.
NON-CORNFORMING BUILDING OR STRUCTURE: A building or structure, existing at
the effective date of this ordinance, or any subsequent amendment to, which does not conform to
one or more provisions of this ordinance.
NON-CONFORMING LOT: A lot lawfully existing at the effective date of this ordinance, or
any subsequent amendment to, which is not in accordance with all the provisions of this
ordinance.
NON-CONFORMING USE: A use lawfully existing at the time of adoption of this ordinance,
or any subsequent amendment thereto, which does not conform to one or more provisions of this
ordinance.
NURSING, REST HOME, OR CONVALESCENT HOME: An extended or intermediate
care facility licensed or approved to provide full-time convalescent or chronic care to individuals
• •
who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
OFF-STREET PARKING SPACE: A space of 200 square feet or more plus access and
maneuvering space, whether inside or outside a structure for exclusive use as a parking stall for
one motor vehicle, and further being surfaced with durable pavement.
OPEN SPACE: The space on a lot unoccupied by buildings, structures, driveways, off-street
parking or loading spaces or other impervious surfaces.
ORDINARY HIGH-WATER MARK: The highest point on the bank of a floodway or
floodplain at which the water level has been for a sufficient period of time to leave a definite
mark.
PERSONAL WIRELESS SERVICES: Commercial mobile services, unlicensed wireless
services and common carrier wireless exchange access services. These services include: cellular
services, personal communications services (PCS), specialized mobile radio services and paging
servICes.
PERSONAL WIRELESS SERVICE FACILITY: All equipment (excluding any repeaters)
with which a personal wireless service provider broadcasts and receives the radio frequency
waves which carry their services and all locations of said equipment or any part thereof. This
facility may be sited on one or more towers or structures( s) owned and permitted by another
owner or entity.
PERSONAL WIRELESS SERVICE PROVIDER: An entity licensed by the FCC to provide
personal wireless services to individuals or institutions.
PRINCIPAL BUILDING: A building.in which is conducted the principal use of the lot on
which it is located.
PRINCIPAL USE: The main or primary purpose for which a structure or lot is designed,
arranged or intended, or for which it may be used, occupied or maintained under this ordinance.
Any other use within the main structure or the use of any other structure or land on the same lot
and incidental or supplementary to the principal use and permitted under this ordinance shall be
considered an accessory use.
RADIATION PROPAGATION STUDIES OR RADIAL PLOTS: Computer generated
estimates of the radiation emanating from antennas or repeaters sited on a specific tower or
structure. The height above mean sea level, power input and output, frequency output, type of
antenna, antenna gain, topography of the site and its surroundings are all taken into account to
create these simulations. They are the primary tool for determining whether a site will provide
adequate coverage for the personal wireless service facility proposed for that site.
REAR YARD: The required unoccupied space or area within the rear lot line and the part of the
principal building nearest such rear lot line.
• •
RESTAURANT: A building, or portion thereof, which is designed, intended and used for the
indoor sales and consumption of food prepared on the premises, except that food may be
consumed out doors in landscaped terraces, designed for dining purposes, which are adjuncts to
the main indoor restaurant facility. The term "restaurant" shall not include "fast food
establishments" .
RESTAURANT, FAST-FOOD: An establishment engaged primarily in the business of
preparing food and purveying it on a self-service or semi self-service basis. Customer orders
andlor service may be by means of a walk-up counter or window designed to accommodate
automobile traffic. Consumption is either on or off the premises.
RESTAURANT, DRIVE-IN AND DRIVE-THROUGH: A restaurant which provides
convenient vehicular access and may provide service to customers while in their vehicles.
SANITARIUM: A hospital used for treating chronic and usually long-term illness.
SEMI-DETACHED DWELLING: A single-family residential unit that is joined on one side
to another single-family residential unit having a party wall between the units.
SERVICES, PROFESSIONAL: Establishments primarily engaged in rendering services by
professional persons on a fee or contract basis, including, but not limited to the following:
. accounting, auditing, and bookkeeping; medical, dental or health; planning, engineering and
architectural; education and science; attorneys and notary publics; etc.
SETBACK: The minimum required unoccupied space or area between the street line of which
the building is numbered or would be numbered and the part of the building nearest such street
line, such unoccupied space or area extending the entire width or distance across the lot.
SIDE LOT LINE: The line dividing one lot from another.
SIDE YARD: The required unoccupied space and area within the lot between the side lot line
and parts of the building nearest such side lot line. In the case of a corner lot, one of the side
yards shall be the unoccupied space or area between the street line of the side street and the parts
of the building nearest to such street line.
SIGN: Any device, surface or framework on which words, symbols or other designs, are
inscribed or displayed and designed to call attention thereto, including flags, banners and the
like.
SIGN, ACCESSORY: Any sign that advertises or indicates the person occupying the premises
on which the sign is erected or maintained or the business transacted thereon or the products sold
thereon.
SIGN, AREA OF:
• •
A. Area of the face: The area of the face of a sign shall be considered to include all lettering,
working and accompanying designs and symbols, together with the background on which
they are displayed and any cutouts or extensions.
B. The area of a sign consisting of individual letters or symbols attached to or painted on a
surface, building, wall or window shall be considered to be that of the smallest
quadrangle or triangle which encompasses all the letters and symbols.
C. The area of a sign consisting of a three-dimensional object shall be considered to be the
area of the largest vertical cross section of that object.
D. In computing the area of the signs, both sides of v-shaped signs, but only one (1) side of
the back-to-back signs, shall be counted.
Sign, billboard: Any non-accessory sign greater in face area than 40 square feet.
Sign, color: The color concept of the sign shall be such that it does not violate the purpose of
this Article.
Sign, instr~ctional: Signs indicating "entrance", "exit" or the like, erected on premises for the
direction of persons or vehicles.
Sign, outdoor advertising board: The Outdoor Advertising Board of the Commonwealth or
any board or official which may hereafter succeed to its powers or functions.
Sign, overhanging: A sign or other advertising device which hangs or extends over a sidewalk
or a way in which the public has a right of access. Wall signs and standing signs shall not be
included in this definition.
Sign, real estate: A sign advertising the sale, rental or lease of the premises on which it is
maintained.
Sign, standing: A sign standing or hanging free on its own support; such support may be
attached to a building or fixed in or to the ground. "Standing signs" may have two (2) faces or
sides showing in opposite directions.
Sign, structure: The supports, uprights, bracing and framework of a sign. Any color applied to
the "structure" shall meet the purposes of this Article.
Sign, temporary: Any sign, including its supporting structure, intended to be maintained for a
period less than one hundred eight (180) days for agricultural purposes and sixty (60) days for
any other purposes.
• •
Sign, wall: A sign fastened or affixed parallel to and within twelve (12) inches of the wall of a
building.
Sign, window: A sign painted or placed on the inside or outside of a window.
SINGLE-FAMILY DWELLING: A structure designed exclusively for and occupied
exclusively by one family.
SITE PLAN: A plan, to scale, showing uses and structures proposed for a parcel of land as
required by the zoning regulations, including lot lines, streets, building sites, buildings,
landscape features, traffic circulation, parking, drainage, utilities, signs, topography and lighting
within the parcel. .
SPECIAL PERMIT GRANTING AUTHORITY: The Board of Appeals of the Town of
Agawam.
STORAGE CAPACITY OF A FLOODPLAIN: The volume of space above an area of
floodplain that can be occupied by flood water of a given stage at a given time, regardless of
whether the water is moving.
STORY: The horizontal portion through a building between floor and ceiling. The word
"story" shall not include the portion of the basement or cellar of a building above grade or an
attic as defined in this section.
STREET: An accepted city way, or a way established by or maintained under county, state, or
federal authority, or a way established by a subdivision plan approved in accordance with the
subdivision control law actually constructed to specifications or for which adequate security
exists to construct such away.
STREET LINE: The dividing line between a street and a lot and, in the case of a public way,
the street line established by the public authority laying out such way upon which the lot abuts.
STREET, PAPER: A street shown on a recorded plan but never built on the ground.
STREET RIGHT-OF-WAY: A general term denoting land, property or interest therein,
usually a strip acquired for or devoted to a planned roadway. A street right-of-way should be
sufficient to accommodate the ultimate roadway, including, but not limited to: the street
pavement, shoulder, grass strip, sidewalk, public utility facilities, street trees, and snow storage.
STRUCTURE: A combination of materials assembled at a fixed location to give support or
shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin fence,
sign, flagpole, recreational tramway, and mast for radio antenna or the like. The word
"structure" shall be construed, where the context allows, as though followed by the words "or
part or parts thereof'.
• •
SUBSTANTIAL IMPROVEMENT IN THE FLOODPLAIN: Any repair, reconstruction or
improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the
assessed value of the structure either before the improvement is started or, 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.
TOWER: A monopole that is designed to support personal wireless service transmission,
receiving andlor relaying antennas and/or equipment.
TRAILER: Any so-called automobile trailer, mobile homt; or trailer coach, including any
portable structure, means of conveyance or vehicle so designed or constructed, altered or
converted in any manner as to permit occupancy thereof for dwelling or sleeping purposes.
TRUCKING TERMINAL: Terminal facilities for handling freight with or without
maintenance facilities.
UNREGISTERED MOTOR VEHICLES: Any motor vehicle or trailer not registered in
accordance with Massachusetts General Laws Chapter 90, or any motor vehicle which fails to
carry or display its license plate as provided in §6 of said Chapter 90; or any motor vehicle or
trailer owned by a non-resident who has failed to comply with the registration laws of the non-
resident state or country.
USE, SUBST ANTIALL Y DIFFERENT: A use which by reason of its normal operation would
cause readily observable differences in patronage, service, sight, noise, employment or similar
characteristics from the use to which it is being compared.
WIRELESS TELECOMMUNICATIONS OVERLAY DISTRICT (WTOD): Specific
area(s), determined by engineering analysis to contain sites where adequate service may be
provided to the TOVvn of Agawam, which, at the same time, have the potential of reducing or
mitigating negative impacts in accordance with the Overlay District as defined in this article.
YARD: A space open to the sky, located between a building or structure and a lot line,
unoccupied except by fences, walls, poles, paving, and other customary yard accessories.
YARD, FRONT: A yard extending the full width of the lot and situated between the street line
and nearest point of the building.
YARD, REAR: The required unoccupied space or area within the rear lot line and the part of
the principal building nearest such rear lot line.
YARD, SIDE: The required unoccupied space or area within the lot between the side lot line
and parts of the building nearest such side lot line. In the case of a corner lot one (1) of the side
yards shall be the unoccupied space or area between the street line of the side street and the parts
of the building nearest to such street line.
• •
TOR-2012-_
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING
ORDINANCES §180-2 "DEFINITIONS AND WORD USAGE."
WHEREAS, the Agawam Planning Board voted to act as petitioner for proposed
zoning amendment to § 180-2 "Definitions and word Usage;" all,Q
WHEREAS, the new definitions section updates existing definitions and reorganizes
definitions that are presently found in various sections £lithe T<>wn Code; and
WHEREAS, it is in the best interest of'1he,Town of Aga. to update and reorganize
the definitions contained in the Agawam TownC<>:de.
NOW THEREFORE, THE AGAWAM Cl'fY COUNCIL hereby res01\!$:s, ordains and
amends and enacts the following amen<:lments to theC()lj~9fthe Town of Agawam; .
Delete Section § 180-2 in its entirety.
Delete Section § 180-92 iljc its entirety.
Delete Section § 180-7$ itt ltseJ!ltirl!ty.
Add the following:
§ 180-75 Purpose.
The ~se of this section is to provide for the reascmable regulation and control of the erection
and maift~nance of signs and advertising devices wit\1in the Town to the end that the appearance
and amenities. of the Town may be preserved and enhanced, without unduly restricting the
conduct of lawful enterprise.
Add the following:
§ 180-92. Defmitions.
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them by t\1is section:
ACT The Telecommunications Act of 1996.
Add the Following: See exhibit A attached.
• •
DATED THIS __ OF _______ , 2012.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, President
APPROVED AS TO FORM AND LEGALITY
Vincent Gioscia, Solicitor
• •
Exhibit A
ARTICLE VI, DEFINITIONS
AGAWAM ZONING ORDINANCE
§ 180-2 Definitions and word usage
For the purpose of this Ordinance, certain terms and words ~Il have the following meaning.
Words used in the present tense include the future; the plUf!\l'$mber includes the singular; the
words "used" or "occupied" include the words "designecf',"artanged", "intended", or "offered to
be used or occupied"; the words "building", "struct~';, "I~t',', "land", or "premise" shall be
construed as though followed by the words "or an;\( portion th~eof'; and the word "shall" is
always mandatory and not merely directory. . .
Terms and words not defined herein but defined in the Building Code or~~ivision Regulations
shall have the meanings given therein unless a contrary intention clearly~ars. Words not
defined in either place shall have the meaning givclm in~~st recent ed~~ of Webster's
Unabridged Dictionary."
Definitions
For the purposes of thi$ cl\apt¢r, the following words and phra$es shall have the meanings
respectively ascribed to them by this.section:
ABANDONMENT: The cessationd)f a noncOnforming use {it structure as indicated by the
visible or othety{ise indicated intentioo to discontu:me a nonconforming use of a structure or a
lot, or the cessation of a noneomorming.l,ISeor structure by its replacement with a conforming
useot~e. '"
ACCESSt'lltY BUILDING: A suooroinate building, located on the same lot as the main, or
principal bu1lding or principal use, the' nse of which is customarily incidental to the main or
principal use permitted in the diS~~t.
ACCESSORY USE: A use custollllarily incidental to that of the main or principal building or
use of the land.
ADEQUATE COVERAGE: Coverage is considered to be adequate within that area
surrounding a base station where the predicted or measured median field strength of the
transmitted signal for at least 75% of the covered area is greater than -95 dbm. It is acceptable
for there to be holes within the area of adequate coverage where the signal is less than -95 dbm,
as long as the signal regains its strength to greater than -95 dbm further away from the base
station. For the limited purpose of determining whether the use of a repeater is necessary or
desirable, there shall be deemed not to be adequate coverage within said holes. The outer
• •
boundary of the area of adequate coverage, however, is that location past which the signal does
not regain a strength of greater than -95 dbm.
ADEQUATE CAPACITY: Capacity is considered to be adequate if the grade of service is
p.05 or better for a worst case day in a preceding month, based on the Erllang B Tables, prior to
the date of application; or as measured using direct traffic measurement of the personal wireless
service facility in question for existing facilities requesting major modification and where the
call blocking is due to frequency contention at the antenna(s).
ADULT DAY CARE FACILITY: A building or s~ where care, protection, and
supervision are provided, on a regular schedule, to adults~~'fhe age of 18.
AGRICULTURE: The production, keeping or maintehanc~;;iot sale or lease of plants and
animals useful to man, including but not limited tm"forages and sod,ctpps; grains and seed crops;
dairy animals and dairy products; poultry and poUltry products; livestock including beef cattle,
swine, horses, mules, ponies, or goats or any mutations of hybrids thereof,including the breeding
and grazing of any or all such animals, bees, llUIi. apiary prqducts, for ani~, trees and forest
products; fruits of all kinds, inclUding grapes, rI'!Its an4(~es, vegetablt¥S;;tiporal, nursery,
ornamental and green house prod\lCts, or lands de:vot~to a soil conservati. or forestry
management program.
ALTERATION: Any construction, recol1$tructiOll>1)r otherae.(ion resulting in a change in the
structural parts, height, numool'/pf stories, exits, sizlt,).Ise or'~ation of a building or other
structure.
AMUSEMENT PARK: A commerc;:i!i1ly operat¢<!, park with a predominance of outdoor games
and activiti!,sJpf entertainment, indjlding shows orriding devices, games of skill or chance, or
any co~~on of silows,riding. de:vice$, water slides, miniature golf, batting cages or any
com~n of severalenterprislls, such as rev<)lvingwheels, merry-go-rounds, giant swings,
panor~, musical and t~tricalell1:ertaiuments, ouiding devices, whether carried on, engaged
in or cond1tcied as one enterp!'i$e or]:,y several concessionaries, and whether an admission fee is
charged for admission to all stroh shoWlJ for entertainments, or a separate fee for admission is
charged for each amusement. [Added 2-2-200 I by TOR-200l-I]
ANIMAL CLINIC OR HOSPITAL: A place where animals or pets are given medical or
surgical treatment and the boarding of animals is limited to short term care incidental to the
clinic or hospital use.
ANTENNA: A device which is attached to a tower or other structure for transmitting and
receiving electromagnetic waves.
APARTMENT HOUSE: A building or structure arranged, intended and designed to be
occupied by five or more families, living independently of each other, and each including its own
separate kitchen and bathroom accommodations. Garden-type apartments shall be considered as
an apartment house.
• •
ATTIC: The unfinished space between the ceiling of the top story of a building and its roof
which is not used for living, sleeping or eating quarters.
BASE STATION: The primary sending and receiving site in a wireless telecommunications
network.
BUILDING: A structure enclosed within exterior, walls or firewalls, built, erected and framed
of a combination of any materials, whether portable or fixed, having a roof, to form a structure
for the shelter of persons, animals or property. For the p~il'J of this definition, "roof' shall
include an awning or any similar covering, whether Qr'~permanent in nature. The word
"building" shall be constructed, where the context require$, as th,pugh followed by words "or part
or parts thereof'. A porch or an attached garag~, greenhouS(!,or similar structure is to be
considered as part of a building when considering the;requirementsof;$etback, side or rear yards.
BUSINESS: The transacting or carrying on of a trade or commercial entwprise with a view to
profit or for livelihood. . .
CEMETERY: Land used or inte~~. to be used fQt;thePurial of the dead ailii:~dicated for
cemetery purposes including colurnbarium, cremaj;&iums, mausoleums, and funeral
establishments, when operated in conjunction with and witkin the boundary of such cemetery
under the care and supervision of the ToWn or otherllublic authority.
CHANNEL: The segl;llent of the.ra4iation spectr!,RllkOlu.jlll antenna which carries one signal.
An antenna may radiate on many chaimels simultaneously. .
CHILDCAREFACILlTY: Facilities that serve Children under seven years of age or sixteen
years if the children have s~ial needll,W $Chool-age children (under fourteen years of age or
sixteertj'~s if they have speciaJ .needs) in programs that are held before or after school hours or
during ~tions.
A child care facility defined in M.G.L. c.2SA, s.9.
CL VB OR LODGE, YRIV A TE:!luildings, structures and premises used by a non-profit social
or civic organization wby a nonptrQ!it organization, catering exclusively to members and their
guests for social, civic, rtlereatltlFl,Or athletic purposes which are not conducted primarily for
gain and provided there arel10vending stands, merchandising, or commercial activities except as
may be required generally for the membership and purposes of such organization.
COMMERCIAL RECREATION, INDOORS: A structure for recreational, social or
amusement purposes, which may include as an accessory, use the consumption of food and
drink, including all connected rooms or space with a common means of egress and entrance.
Places of assembly shall include theaters, concert halls, dance halls, skating rinks, bowling
alleys, health clubs, dance studios, or other commercial recreational centers conducted for or not
for profit.
• •
COMMERCIAL RECREATION, OUTDOORS: Driving range, bathing beach, sports club,
horseback riding stable, boathouse, marina or other commercial recreation carried on in whole or
in part outdoors, except those activities more specifically designated in this ordinance.
COMMUNICATION EQUIPMENT SHELTER: A structure located at a base station
designed principally to enclose equipment used in connection with personal wireless service
transmissions.
CONVENIENCE STORE: A retail store that sells grJ)C~ri.esand may also sell gasoline; does
not include automotive service stations, or vehicle repait~g. '
CREMATORY: A building containing a ~ designedatild intended to be used for
cremating the dead and owned and contn.>lled by a cemetery C0Jjloration or crematory
corporation duly organized under the laws of the state.
DETACHED: Separate from.
~' ", ',', ;<;'~<:'"
DBM: Unit of measure of the powel:!evel of an eleet:tPnlagnetic signal expressed in decibels
referenced to I milliwatt.
DWELLING: A buildiI!gdesigned andoccupied,a&'1P.e livi~9uarters of one (\) or more
families. Single-andtWo-farnily dwellings shall he;;designe~for ~>occupied by not more than
one (1) or two (2) fiuIlilies, respectiv.ely. A mUlt!f~ily dwe~~shall be one designed for and
occupied by three (3)0): more famil~, Hotels, lQ!lging houses, hospitals, membership clubs, or
dormitories~not be cOl:1Sideredd~lJings.
EARTIil~EMOV AL:Extracti~n of sand, grwel,top soil, or other earth for sale or for use at a
site rem~<:d from the place of extraction exclusiV<t of the grading of a lot preparatory to the
constructi~.of a building for which .~building permit has been issued, or the grading of streets
in accordance with an approved definitive plan and exclusive of granite operations.
EDUCATIONAL USE: Use of land or structures for education purposes on land owned or
leased by the CommQl:\M'ealth or ,any of its agencies, subdivisions or bodies politic or by a
religious sect or denomi~tion, Of by a non-profit education corporation. Educational facilities
not exempted from regulatioJ;l by M.G.L. 40A, s.3.
EMF: Electromagnetic frequency radiation.
ERECT: To build, construct, reconstruct, move upon, or conduct any physical development of
the premises required for a building; to excavate, fill, drain, and the like preparation for building
shall also be considered to erect.
ESSENTIAL SERVICES: Services provided by a public service corporation or by
• •
governmental agencies through erection, construction, alteration, or maintenance of gas,
electrical, steam, or water transmission or distribution systems and collection, communication,
supply, or disposal systems whether underground or overhead, but not including wireless
communications facilities. Facilities necessary for the provision of essential services include
poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment in connection therewith.
FACILITY SITE: The location within a Wireless Telecommunications Overlay District leased
by one of more personal wireless service providers and uJll}n which one or more personal
wireless service facility(s) and required landscaping are loc~,
FAMILY: A number of individuals related by bloo<j:; ~ge andlor adoption or a group of
unrelated individuals not to exceed four (4) who are occupying a dwelling unit and living as a
single nonprofit housekeeping unit. This defUljtion, however, d<illlli not apply to non-related
disable persons as defined by any applicable f~fal andlor state lawandlQr regulations.
FAMILY DAY CARE FACILITY: Any private residenc~which on a 9ar basis receives
for temporary custody and care during part of all ·()f the ~,;¢children under~~n (7) years of
age or children under sixteen (16) ¥~s of age if such clHtdren have special neu.s. Provided,
however, in either case, that the totalnumQer of children shall not exceed more than six (6),
excluding participating children living in the residence.
FARMSTAND: A f!lCi~fortbe sale ofproduce,liIp<l:wine ~dairy products, provided that
during the months of June, July, August, and Septemberer every year, or during the harvest
season of the primary crop raised o~ land of the. ('lwer or Jesse<:, the majority of such products
for sale, based on either gross sale$dollars or volume, have been produced by the owner or
lessee of 1<l.il!i;eQutainingrnore than.five acres on which the facility is located used primarily for
agricul~iilC<lnfollnJjnce withb4,G.L. cAOA, s.3.
FCC: F~ral Communications COlJWlission. The government agency responsible for regulating
telecommunications in the United states.
FCC 96-326: A report and order which $ets new national standards for emissions of radio
frequency emissionStD;Om FCC regulated transmitters.
FENCE: An artificially~ns~ barrier of any material or combination of materials erected
to enclose or screen areas oHand.
FLOOD OR FLOODING: A general and temporary condition of partial or complete
inundation of normally dry land areas from:
(I) The overflow of inland or tidal waters;
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODWA Y: The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
• •
surface elevation more than one foot.
FLOODWAY FRINGE: The land in the floodplain within a community subject to a one
percent or greater chance of flooding in a given year that is located outside of the floodway.
GARAGE, PRIVATE: A building or space used as an accessory to or a part of a main building
permitted in any residential district, and providing for the storage of one or more motor vehicles
and in which no business, occupation or service for profit is in any way conducted.
GARAGE, PUBLIC: A garage, other than a private or ~ garage, which is used for the
short-term parking of vehicles.
GARAGE, REPAIR: A building or portion the~of;other th@a private or storage garage,
designed or used for equipping, servicing, repa:iJiing, hiring, sell lng, and/or storing of motor
vehicles. The term repairing shall not include an automobile body repair shop nor the rebuilding,
dismantling, or storage of wrecked or junked vehicles.
GASOLINE SERVICE STATION: A gasoli~ $ervice'sfation shall in(!~ any business
selling or offering for sale any motet fuel, such as g!l$0JUa.~;9r diesel fuel, to the~lic, whether
or not the public permitted or expected to operate the p~ to put the fuel into a motor vehicle's
fuel tank or a container, and shall include gllSoline fim1\!: stations and gasoline self-service
stations. For the purposes.Qf this ordinance gasoline service station shall also include any site
used or operated as a retaiLrefuelitlg site, in!iiluding tIre.~ls of ~Iine, propane, electricity and
hydrogen. (ApprovedbyCouncilS1S/03)
GHZ: Gigahertz: one billion hertz ..
GRAD)i;;QESERV:l!;E: Atn~ of the percentage of calls which are able to connect to the
base ~!:)n, during the'lwsiest .fw.\JT of the day; Ora,deof service is expressed as a number, such
as p. 6S,;~hich means thaf95% Ofcallers will connect on their first try. A lower number (p. 04)
indicates a·better grade of service.
HALF STORY: The space betW~n the ceiling of the top story of a building and the roof where
the area and height are sufficient f<>rsleeping and living quarters.
HAZARDOUS MATEIYAL; .Any substance which is listed in, but not limited to, the EPA
priority pollutants as described in section 307 (a) of the Clean Water Act, as amended.
HEIGHT: The vertical distance from the average finished grade of the adjacent ground to the
top of the structure of the highest roof beams of a flat roof, or the mean level of the highest gable
or slope of a hip roof.
HERTZ: One hertz is the frequency of an electric or magnetic field which reverses polarity
once each second or one cycle per second.
• •
HOME OCCUPATION: An occupation, business, trade, service or profession which is
incidental to and conducted in a dwelling unit or in a building or other accessory structure
thereto, by a resident thereof.
HOSPITAL: An institution providing primary health services and medical or surgical care to
persons, primarily in-patients, suffering from illness, disease, injury, deformity and other
abnormal physical or mental conditions, and including, as an integral part of the institution
related facilities such as laboratories, outpatient facilities or training facilities, a sanitarium, and
clinic. The term "hospital" does not include a rest home, nursing home andlor convalescent
home. (Jessica)
HOUSEKEEPING UNIT: See defmition of "family'],,;
JUNK VEHICLES: A wrecked, darnage!f"clestroyed, nO~li'erational, abandoned or
disassembled trailer, house trailer, boat, tractor, :!Il1tomobile, aircrafi,{}f other motor vehicle, or
any parts thereof. A junk vehicle includes apparently inoperable, illllliobile, disassembled or
extensively damaged vehicles. Evidence of llQlroperation .;.jJld damaged.inl,:ludes, but is not
limited to, a buildup of debris that ,obstructs use,;4/i, bro~<~ndow or win' :~Id, a missing
wheel, a flat tire, a nonfunctional m~.or transmissio~.~$iltng bumpers, or • plates and
the like.
KENNEL, COMMERCML; An establishment licensed Wloperate a facility housing dogs,
cats, or other househQIclpets aucl where groomin~~ding'<~o<!fding, training or selling of
animals is conducted l\Il:.abusiness.
KENNEL, PRIV ATE:,Any buildiq~or land desili11llted or arranged for the care of dogs, cats or
other housllhoid ,Pets belol1lPng to*~'Owner of thetesidential, principal use, kept for purposes of
show, h~;braspets.
LODG~ HOUSE: A buildintcontaining lOOre than five (5) lodging units for semi-
permanent'tellidence (longertban ortelfl) week) for compensation and which meals may also be
supplied as ~ .. of the fee. This shall1Wt include bed and breakfast home uses, congregate
housing, motels,.~otels, multi-fanrily dweHings, or nursing homes.
LIGHT MANUFACI'.PRING:
packaging.
Fabrication, assembly, processing, finishing work or
LOADING SPACE, OFF-STREET: Space located on the same lot with principal building, or
contiguous to a group of buildings, for bulk pickups and deliveries, scaled to delivery vehicles
expected to be used, and accessible to such vehicles when required off-street parking spaces are
filled. It shall abut a street, alley, or other appropriate means of ingress or egress.
LOT: A continuous parcel ofland with legally definable boundaries.
LOT, AREA: The horizontal area of the lot exclusive of any area in a street or recorded way
• •
open to public use.
LOT, CORNER: A lot located at the intersection of two or more streets.
LOT, DEPTH OF: The mean distance from the street line of the lot to its opposite rear line
measured in the general direction of the side lines of the lot.
LOT, FRONTAGE OF: A lot line coinciding with the sideline ofa street which provides legal
rights of vehicular access and actual physical vehicular acc~ to the lot. Frontage shall be
measured continuously along a street and shall be the hor~t~ distance between the side lot
lines measured at the point where the side lot lines interl!ectwitb the front set back line. Lots
adjacent to paper streets may not use any portion ofthe.~r$~et in calculating frontage or lot
area.
LOT LINE: A line dividing one lot from anoth~,or from a street ora:nypublic place.
LOT LINE, REAR: The lot line opposite thestteet line, exc.ept that, in thell;iSe of a comer lot,
the rear lot line shall be the line opposite the street line 011 which the buiJdi.:~s numbered or
would be numbered.'!";;
MAJOR MODIFICATION OF AN EXSITING FACILIT¥: Any change or proposed change
in power input or output,. number of antennas, ch~e. in antetll!)lj. type or model, repositioning of
antenna (s), change in:nnmher X3f channels per ante~iabove Iim.maximum number approved
under an existing special permit also anyincre~9rpr{lJlQseditjprease in dimensions of an
existing and permitted tower or otll\:r structured~igned tos\l'Pport personal wireless service
transmissions, receivingcand/or relay:itlg antennas~d/or equipment
,~ , --,
MEDI(;AtCENTEB. ORi€L~e: . A building designed and used for the diagnosis and
trea~~M human patlents that does not inchtdeovemight care facilities.
MHZ: Megahertz: one million hertz.
MILE: A "mile" (5,280 feet) is to be rn¢asured from a point on an imaginary line which is
perpendicular to the vertical line afthat point.
MONITORING: The measur~t, by the use of instruments in the field, of the radiation from
a site as a whole or from individual personal wireless service facilities, towers or antennas.
MONITORING PROTOCOL: The testing protocol, initially the Cobbs Protocol, which is to
be used to monitor the emissions from existing and new personal wireless service facilities and
towers upon adoption of this article. The SPGA may, as the technology changes, require, by
written regulation, the use of other testing protocols. A copy of the monitoring protocol shall be
on file with the To~n Clerk.
MONOPOLE: A single self-supporting vertical pole with below-grade foundations.
• •
MOUNT: The structure or surface upon which antennas are mounted, including the following
four types of mounts:
A. Roof-mounted: mounted on the roof of a building.
B. Side-mounted: mounted on the side of a building.
C. Ground-mounted: mounted on the ground
D. Structure-mounted: mounted on a structure other,thm;'!1 building.
MOTEL: A building or buildings intended anti,,Qeslgned for traIlSient overnight or extended
occupancy, divided into separate units within$esame building witharwithout a public dining
facility.
MOTOR VEHICLE COMMERClAL: Any vehicle uS~01;tiesigned to b6~d for business
or commercial purposes that infri~~on the residetll.i@lH~aracter of residentf~rirlistricts and
includes, but is not necessarily lirt$tld II}: a bus, cement truck, commercial tree-trimming
equipment, construction equipment, dump truck, garbage truck, panel truck, semi-tractor, semi-
trailer, stake bed truck, step¥ljJ1, tank truc~ tar truck~ fire tru~pr the like, or other commercial
type vehicle licensed ~y$e state Q$ a commercial vehicil}or truck •.
MOTOR VEHICLE GENERAL t,lR BOD¥.PAIR:An:.~~tablishment, garage or work
area enclosed within a.building whetl}Tepairs are. made or caused to be made to motor vehicles
and theirbo~> including fenders'1lmnpers and similar components of motor vehicle bodies,
but does~tineludethe stotllgi;lQfvehiclesf!lf the canujbalization of parts or fuel sales.
MUNt~AL FACILITIES: Facilities owned ot0Perated by the Town of Agawam.
NON-CO}{/lffiORMING BUItDING~ STRUCTURE: A building or structure, existing at
the effective date of this ordinance, Of any subsequent amendment to, which does not conform to
one Of more provisions of this ordinance.
NON-CONFORMING LQT; AtI)t lawfully existing at the effective date of this ordinance, or
any subsequent amendment to, which is not in accordance with all the provisions of this
ordinance. .
NON-CONFORMING USE: A use lawfully existing at the time of adoption of this ordinance,
or any subsequent amendment thereto, which does not conform to one or more provisions of this
ordinance.
NURSING, REST HOME, OR CONVALESCENT HOME: An extended or intermediate
care facility licensed or approved to provide full-time convalescent or chronic care to individuals
• •
who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
OFF-STREET PARKING SPACE: A space of 200 square feet or more plus access and
maneuvering space, whether inside or outside a structure for exclusive use as a parking stall for
one motor vehicle, and further being surfaced with durable pavement.
OPEN SPACE: The space on a lot unoccupied by buildings, structures, driveways, off-street
parking or loading spaces or other impervious surfaces.
ORDINARY HIGH-WATER MARK: The highest ~;!)n the bank of a floodway or
floodplain at which the water level has been for a sufUGkmt.·.'.pe.· riod of time to leave a definite ?~< ,,' /
mark.
PERSONAL WIRELESS SERVICES: Co_tWtial mobilesecrvices, unlicensed wireless
services and common carrier wireless exch~iaecess services. These:services include: cellular
services, personal communications services (peS), specialized mobile njdi9 services and paging
services.
PERSONAL WIRELESS SERVIt:Jll FACILITY:Ail/~Uipment (eXclUdi~~~y repeaters)
with which a personal wireless serVice provider broad<i~ts and receives the radio frequency
waves which carry their services and allioeatiops of said:~uipment or any part thereof. This
facility may be sited on one or more towers or Siructures(s~,?wned and permitted by another
owner or entity.
PERSONAL WIRELESS SERV),~ PROvm.: An enti~;liFensed by the FCC to provide
personal wireless servi<les. to individWlls or institt#i:lms. . .
PRINC~~BUlLnlNG: A \>uiltling .inwhich is.conducted the principal use of the lot on
which,iti!lbcated.
PRINClJi~ USE: The main or jrirnary purpose for which a structure or lot is designed,
arranged or intended, or for which it maybe used, occupied or maintained under this ordinance.
Any other use within the main structure or the use of any other structure or land on the same lot
and incidental or supplementary to. the principal use and permitted under this ordinance shall be
considered an accessoryuse.
RADIATION PROPAGAUON STUDIES OR RADIAL PLOTS: Computer generated
estimates of the radiation emanating from antennas or repeaters sited on a specific tower or
structure. The height above mean sea level, power input and output, frequency output, type of
antenna, antenna gain, topography of the site and its surroundings are all taken into account to
create these simulations. They are the primary tool for determining whether a site will provide
adequate coverage for the personal wireless service facility proposed for that site.
REAR YARD: The required unoccupied space or area within the rear lot line and the part of the
principal building nearest such rear lot line.
• •
RESTAURANT: A building, or portion thereof, which is designed, intended and used for the
indoor sales and consumption of food prepared on the premises, except that food may be
consumed out doors in landscaped terraces, designed for dining purposes, which are adjuncts to
the main indoor restaurant facility. The term "restaurant" shall not include "fast food
establishments" .
RESTAURANT, FAST-FOOD: An establishment engaged primarily in the business of
preparing food and purveying it on a self-service or semi sell""service basis. Customer orders
andlor service may be by means of a walk-up counter or V\!indow designed to accommodate
automobile traffic. Consumption is either on or off the premises.
RESTAURANT, DRIVE-IN AND DRIVE-T1mOUGH:~ restaurant which provides
convenient vehicular access and may provide serv~to customers ~le in their vehicles.
SANITARIUM: A hospital used for treatingcbronic and usually long-termillness.
SEMI-DETACHED DWELLING: A single-fa!!l!i:Ly res~l:Wl unit that is J<ll~\!d on one side
to another single-family residentiaillriithaving a Partyi:w~!~tween the units.>,
SERVICES, PROFESSIONAL: Establislnn¢nts primal'ly.engaged in rendering services by
professional persons onll.t:~ or contractbasis, ittcluding, but. not limited to the following:
accounting, auditing,. ana~eeping; medical, ~. or he~;. planning, engineering and
architectural; education and science; attomeysand~taryPIi\h4CS; e~,
SETBACK: The min:lnlum requirel!iunoccupiedspace or areagetween the street line of which
the buildill$iisnumberedorwouki;~I).1.Iffibered ana the part of the building nearest such street
line, sucb:~(c)Ccupied space o£;areaeXtending the entire width or distance across the lot.
: ...... ~ '".
SIDE'n@;I' LINE: The line dividiIlg one lot fromamther.
SIDE YARD: The required unoccupied space and area within the lot between the side lot line
and parts of the building neare~t&\lch siue lot line. In the case of a comer lot, one of the side
yards shall be the unoccupied space' or area behveen the street line of the side street and the parts
of the building nearest to. such streerline.
SIGN: Any device, surf~e or framework on which words, symbols or other designs, are
inscribed or displayed and designed to call attention thereto, including flags, banners and the
like.
SIGN, ACCESSORY: Any sign that advertises or indicates the person occupying the premises
on which the sign is erected or maintained or the business transacted thereon or the products sold
thereon.
SIGN, AREA OF:
• •
A. Area of the face: The area of the face of a sign shall be considered to include all lettering,
working and accompanying designs and symbols, together with the background on which
they are displayed and any cutouts or extensions.
B. The area of a sign consisting of individual letters or symbols attached to or painted on a
surface, building, wall or window shall be considered to be that of the smallest
quadrangle or triangle which encompasses all the letters and symbols.
C. The area of a sign consisting of a three-dimensi~:ob]ect shall be considered to be the
area of the largest vertical cross section of that~~;,
D. In computing the area of the signs, both.lOOel; of v-shapedsigllS, but only one (1) side of
the back-to-back signs, shall be count~:.
Sign, billboard: Any non-accessory sign greater/in face area than 40 squa~&~t. ~',' ~","<, o';J",">
Sign, color: The color concept of~sign shall beSUcltjhatit does not viol=~~ purpose of
this Article.
Sign, instructional: Sign$in4icating "entrance",'~e¥it" or ~'¥ke, erected on premises for the
direction of persons orvehie!es, .
Sign, outdoor advertising board:~lhe OutaOOl:Advertising llQafd of the Commonwealth or
any board or official wlrl\;h may her~r succeed>tp its powers otfunctions.
Sign, OV~ngmg:.A, sign Ol'otl):er!fdverti$ingde~. which hangs or extends over a sidewalk
or a vtt.:!;tn which thecfRj.blic lu\s.a right of aoo~!\,$. Wall signs and standing signs shall not be
includ~d:jn this definition.
"",,', <> ,
Sign, real e~~: A sign adver:tisingth¢ sale, rental or lease of the premises on which it is
maintained.
Sign, standing: A sign, standing IJr hanging free on its own support; such support may be
attached to a building 01" fucedin(!tto the ground. "Standing sign$" may have two (2) faces or
sides showing in opposite dir~s.
Sign, structure: The supports, uprights, bracing and framework of a sign. Any color applied to
the "structure" shall meet the purposes of this Article.
Sign, temporary: Any sign, including its supporting structure, intended to be maintained for a
period less than one hundred eight (180) days for agricultural purposes and sixty (60) days for
any other purposes.
• •
Sign, wall: A sign fastened or affixed parallel to and within twelve (12) inches of the wall of a
building.
Sign, window: A sign painted or placed on the inside or outside of a window.
SINGLE-FAMILY DWELLING: A structure designed exclusively for and occupied
exclusively by one family.
SITE PLAN: A plan, to scale, showing uses and structures;j>!oposed for a parcel of land as
required by the zoning regulations, including lot line~8lfiets, building sites, buildings,
landscape features, traffic circulation, parking, drainage'il;J1llities, signs, topography and lighting
within the parcel. .
SPECIAL PERMIT GRANTING AUTHOrum The Boa:CF~Appeals of the Town of
Agawam.
STORAGE CAPACITY OF A FLOODPLAIN: The volume of spa~!lIbove an area of
floodplain that can be occupied by flood water ot:~ giv;lli~e at a givenfi.;:l regardless of
whether the water is moving. .; ./. '}fi
STORY: The horizontal portion thrc$gh abuilding~~~en floor and ceiling. The word
"story" shall not include the.portion of the basen).ellt or celYa;r: of a building above grade or an
attic as defined in this s~ ..
STREET: An accepted city way, ota way estl\b~ed by Jr~tained under county, state, or
federal authority, or aw<\y established by a subd;l:vision plan approved in accordance with the
subdivisioJ;J,~trol law actually ~):ructed to spe,cifications or for which adequate security
exists to~t such a way.
STrui~~LINE: The dividing li1).ebetween a stroot and a lot and, in the case of a public way,
the street I~established by the public;authority laying out such way upon which the lot abuts.
STREET, PAPER: A street shOWll on a reeorded plan but never built on the ground.
STREET RIGHT -OF;.W A Y :i\:.general term denoting land, property or interest therein,
usually a strip acquired for .or d,voted to a planned roadway. A street right-of-way should be
sufficient to accommodate th~;ultimate roadway, including, but not limited to: the street
pavement, shoulder, grass strip, sidewalk, public utility facilities, street trees, and snow storage.
STRUCTURE: A combination of materials assembled at a fixed location to give support or
shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin fence,
sign, flagpole, recreational tramway, and mast for radio antenna or the like. The word
"structure" shall be construed, where the context allows, as though followed by the words "or
part or parts thereof'.
• •
SUBSTANTIAL IMPROVEMENT IN THE FLOODPLAIN: Any repair, reconstruction or
improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the
assessed value of the structure either before the improvement is started or, 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.
TOWER: A monopole that is designed to support personal wireless service transmission,
receiving and/or relaying antennas and/or equipment.
TRAILER: Any so-called automobile trailer, mobile h~dr trailer coach, including any
portable structure, means of conveyance or vehicle ~,~igned or constructed, altered or
converted in any manner as to permit occupancy thereQli",f~tdw~lling or sleeping purposes.
TRUCKING TERMINAL: Terminal facililleS for handliflg':dreight with or without
maintenance facilities.
UNREGISTERED MOTOR VEIDCLES: Any motor vehicle or trailer not registered in
accordance with Massachusetts General Laws Chapter 90, m;any motor vehili,llil.which fails to
carry or display its license plate asprpvided in §6 of~Chapter 90; or any ~r vehicle or
trailer owned by a non-resident who n,.sfailed to comply with the registration laws of the non-
resident state or country.
USE, SUBSTANTIALLY DIFFERENT: A use which by reasQT;hlf its normal operation WQuld
cause readily observable differences in patronage.service,,~ght, ndille, employment or similar
characteristics from the use to which itis being comJlared. .
WIRELESS ... l',ELEC()M,MUNI~ktIONS O~AY DISTRICT (WTOD): Specific
area( s), d~inedby engineeriug analysi~ to coJ'll:a,in sites where adequate service may be
provi~J0 the Town··Qf Agawam, which, atthe's,arrW time, have the potential of reducing or
mitigafil}$'.uegative impacts in accol;'dance with theCWeriay District as defined in this article.
YARD: A~e open to the sky, located between a building or structure and a lot line,
unoccupied except by fences, walts; poles, paving, and other customary yard accessories.
YARD, FRONT: A yard extem\mgthe full width of the lot and situated between the street line
and nearest point of the buildin,g.
YARD, REAR: The required' unoccupied space or area within the rear lot line and the part of
the principal building nearest such rear lot line.
YARD, SIDE: The required unoccupied space or area within the lot between the side lot line
and parts of the building nearest such side lot line. In the case of a comer lot one (I) of the side
yards shall be the unoccupied space or area between the street line of the side street and the parts
of the building nearest to such street line.
TO:
FROM:
• •
INTEROFFICE MEMORANDUM
PAMELA KERR, ADMINISTRi\ TIVE ASSISTANT
BARBARA BARD, COUNCIL ADMINISTRATIVE ASST.
SUBJECT: PROPOSED ZONING AMENDMENT
DATE: 8/23/2012
The Council office is in receipt of your memo dated August 6, 2012 where the
Agawam Planning Board voted to act as the petitioner for a proposed zoning
amendment to Section 180-2 "Definitions and Word Usage". It is my
understanding that the City Solicitor is working on an Ordinance for you to
place on the City Council Agenda and that it must appear on our Agenda prior
to your public hearing on September 6, 2012. Our next meeting is September
4th.
Once it is on our Agenda, it will be referred to the Planning Board. The City
Council will also set our public hearing date for October 1". If you need
further information, please contact me. Thank you.
cc: Full Council, Mayor, Solicitor, Deborah Dachos, Planning Board
.
kids
Don't
home
you by
es with
.portant
!ate $40).
__ <rip ..... GlW>ll
09110fUl12. Thi. is NOT a heat·
ing date, but a deadline by
which YOll mu~t file a writ~
ten appearance and objec-.
.~-< ------I
I
August23.2012 AGAWAM ADvrnTISrn NI-WS Ptlge21
Obituaries & Church News
BARBARA WRIGHT
Barbara (Miner) Wright, 88, of Agawam, died Tuesday,
Aug. 14, 2012 in the East Longmeadow Skilled Nursing
Home, surrounded by her loving family. Mrs. Wright was
born in Springfield, Jan. 10, 1924, one of six children born
to the late Marian and Charles Miner. She graduated from
Commerce High School and was employed by the former
Shawinigan Resins in Chicopee as an executive secretary,
Third National Bank in the accounting department and the
Worcester Federal Savings as a teller and safe deposit man-
ager. Mrs. Wright was predeceased by her husband of 62
years, Harold S. Wright Sr. She leaves a daughter, Barbara
Elsner and her husband George of Longmeadow; and a son,
Harold S. Wright,)r., and his wife Paula, of Broad Brook,
Conn. She leaves three grandchildren, Elizabeth Ruggiero
of Columbia, Conn., Christy Banley of Bloomfield, Conn.,
and James Wright of East Granby, Conn. and their partners.
She also leaves a brother, George Miner, of North Carolina.
Services were held at Agawam Curran-Jones Funeral Home
with interment in the Agawam Center Cemetery. Dona-
tions may be made to the Alzheimer's Association Massa-
chusetts Chapter, P.O. Box 408, Watertown, MA 02471.
MELODY BAND TO PERFORM AT
ANNIVERSARY CONCERT
HOLYOKE -Celebrating its lOOth
chapel concert within the Byzantine ar-
chitectural Chapel, Providence Place at
Ingleside has selected the Pioneer Valley
Chordsmen, an "acapella" chorus of 30
men with an orchestral accompaniment
along with the Agawam Melody Band to
perform this special anniversary concert.
The performance will take place Sun-
day, Sept. 9 at 2:30 p.m. The chapel con-
cert series has had a long tradition of pre-
senting a wide range of international and
national talent with an array of musical
genres. Performances have a wide follow-
ing from audiences who enjoy the music
but also the surroundings of the chapel.
"During OUT chapel concerts the sound
reverberates in this sacred space and
transports the listener, a great respite for
an houT' on a Sunday afternoon;' stared
Runa Skar, director of Marketing at Prov-
idence Place. In designing the chapel, the
builders were attentive to the chapel as a
~hole, the religious 'and musical compo-
nents.
Admission to the two-hour perfor-
mance is free and open to the public but
seating is limited to the first 375 guests.
For more information, contact Runa
Skar al (413) 534-9700.
The 100th anniversary concert
of the Chapel Concert Series at
Providence Place is scheduled
for Sept. 9 and will include a per-
formance by the Agawam Melo-
dy Band.
CHURCH DIRECTORY-----
AGAWAM CONGREGATIONAL
CHURCH
745 Main St., Agawam
78~711l
AgawamJ@verizon.net
www.agawamcongregational-
church.com
Pastor Earl E. Eisenbach
SUNDAY SERVICES at 10 a:m.
Church school is in session and fel-
lowship coffee hour follows the ser-
vice. Pastor Earl and his wife Bar-
bara are always available for prayer
after the service.
"A place to call home -A people to
call family"
AGAWAM UNITED MErHODIST
CHURCH
459 Mills St., Feeding Hills
413-786-4174
Pastor:'Ken Blanchard
email agawamumc@gmail.com
agawamworship.org
WORSHIP SERVICES
Sunday Worship 9:30 a.m.
Communion on the first Sunday of
the month .
Coffee and fellowship hour immedi-
atelyafter
worship. Handicap accessible at
front entrance.
Worship At Country Estates Nursing
Home:
2nd and 5th Thursdays each month
at 11 a.m.
AUMC cooks and serves dinner for
the Samaritan Inn
homeless shelter on the second Sat-
urday of the month.
BETHANY ASSEMBLY
OF GOD
580 Main St., Agawam
(413) 789-2930
www.bethany-ag.org
Senior Pastor: Rev. Richard E. Ad-
ams
WORSHIP SERVICES
Sunday 9 a.m. and 10:45 a.m.
Celebration of Praise: Sunday 6
p.m.
Wedoesday Mid-Week Service
(Family Night): 7 p.m.
Sunday Evening ContemporarY Ser-
vice: 6 p.m.
CHURCH OF REDEMVITON
50 Maple St, Agawam
(413) 304-2313
churchofredemptionministries.org
WORSHIP SERVICES
Summer Schedule
Sunday Service at 10 am.
Wednesday Bible Study at 7:30
p.m.
Sunday school for children and nurs-
ery for younger children
FAITH BIBLE CHURCH
370 Shoemaker Lane
Agawam
(413) 786-1681
www.jesussaves.7@comcast.com
Church Website: www.faithbible -
church.org
Pastor: Rick Donofrio
SERVICES
Sunday School for all ages 9:30
a.m.
Worship Service 10:30 am.
Wednesday Night Prayer
Meeting and Bible Study -6:30
p.m.
FEEDING HIU..S
CONGREGATIONAL CHURCH
UCC
''An Open and Affirming Congrega-
tion."
21 N. Westfield St., Feeding Hills
P.O. Box 264
(413) 786-5061
fhcuceoffice@verizon.net
Pastor: The Rev. Robert C. Donald-
son
SUNDAY MORNING WORSHIP
Church School 9 a.m.
Worship Service 10 a.m.
Infant and child care provided.
Handicap accessible.
ARST BAPTIST CHURCH
760 Main St., Agawam
Agawambc@Jocalnetcom
www.firstbaptistagawam.org
SUNDAY SERVICES
Worship 9:30 a.m.
Sunday School (grades K -5)
following Children's Message until
10:45
Youth Study time (grades 6+)
following sermon until 10:45
Coffee & Conversation following
worship every Sunday
HOPE COMMUNITY CHURCH
152 South Westfield St.
Feeding Hills
789-2026
SUNDAY SERVICES
Men's & Women's Bible Study
Groups and Children's Sunday
School Worship Service at 10 a.m.
. Children's Church for age 3 to high
school takes place after the service.
Nursery available for younger chil-
dren. A time for fellowship after the
service.
MARANATHA BAVITST
CHURCH
522 Springfield St., Feeding Hills
Feeding Hills, MA
478-9484
David L. Short, Pastor
Sunday Familly Bible Study Hour,
9:45 a.m.
Sunday Morning Service, 11 a.m.
Sunday Night Service, 6 p.m.
Wedoesday Bible Study & Prayer, 7
p.m.
SACRED HEART CHURCH
1103 Springfield St., Feeding Hills
(413) 786-8200
www.SacredHeartFeedingHills.org
Fr. Steven Aruo
WEEKLY SERVICES
Lord's Day Masses: Saturday, 4
p.m.;
Sunday, 7: 15 a.m., 8:30 a.m., 11
am.
Confessions: Saturdays, 3:15 p.m.
Weekday Masses: Monday, Tues-
day,
Friday and Saturday, 9 am.
Special Devotions: Perpetual No-
vena to the
Sacred Heart following the Friday 9
a.m. Mass
ST. DAVID'S EPISCOPAL
CHURCH
699 Springfield St., Feeding Hills.
786-6133
saintdavids@comcast.net.
www.stdavidsagawam.org.
SCHEDULE OF SERVICES
.Sunday, 8 a.m. and 10 a.m. -Holy
Euchanst
ST. JOHN'S CHURCH
823 Main St., Agawam
786-8105
inf<>@stjohnevangelistchurch.org.
www.stjohnevangelistchurch.org.
SCHEDULE OF MASSES
Saturdays: 4 p.m. & 6 p.m. (Labor
Day to Memorial Day)
Saturdays: 5 p.m. (Memorial Day to
Labor Day)
Sundays: 8 a.m. & 10:30 a.m.
Reconciliation: Saturdays, 3: 15 p.m.
to 3:45 p.m.
Weekdays -Mon., Tues., Wed. &
Fri., 8 a.m.
Thursday -Communion Service
Hearing
Test Set
for Senior
Citizens
Announcement-
Free electronic hearing
tests will be given from
Monday-Friday 9am -5pm
al Avada Hearing Care
Centers at 9 locations in
Western Mass. Call to find
the location nearest to you.
The test has bet:n arranged
for anyone who suspects they
are not hearing clearly.
People who usually say they
can hear but have trouble
with understanding words are
encouraged to come in for the.
tests. The testing includes
newly.<feveloped tests that
determine your ability to hear
speech in noisy environ-
ments. Everyone, especially
those over 55 who have
trouble hearing words clearly,
should have a test annually.
Demonstrations of the latest
devices to improve clarity of
speech win be available, on
the spo~ after the tests. You
can HEAR for you""lf if the
latest methods of correction
will help you understand
words better.
Call for your Appointment
1-888-798-8528
C2()12 HHM, IDe. 304
,
~.
-
Page 22
Legal Notices
LEGAL NOTICE
TOWN OF AGAWAM
PLANNING BOARD
The Agawam Planning
Board will hold a pub-
lic hearing on Thursday,
September 6, 2012 at 7:00
PM in the Agawam Pub1ic
Library, 750 Cooper Street,
Agawam, MA. The pur-
pose of this hearing will be
to hear the petition of the
Agawam Planning Board on
a proposed. zoning amend-
ment to Section 180-2 of the
.Agawam Zoning Ordinance
entitled "Definitions and
Word Usage". A copy of
the proposal can be obtained
from the Agawam Planning
Office between the hours of
8:30 AM and 4:30 PM in the
Agawam Town Hall, 36 Main
Slree~ Agawam, MA.
BY ORDER OF:
Travls P, Ward, Chrurman
Agawam Planning Board
8123,8/30112
Commonwealth of
Massaebusetts
Tbe Trial Court
Hampden Probate and
Family Court
SO State Street
Springfield, MA 01103
(413)748-7758
Docket No, HD12P1S03EA
Estate of:
Joseph Raymond Gny
Date of Death: 0510912012
CITATION ON
PETITION FOR
. FORMAL
ADJUDICATION
To all interested persons:
A Petition has been filed
by: Robert Gny of Aurora
CO requesting that the Court
enter a formal Decree and
Order of testacy am~ for such
other relief as requested in
the Petition.
And also requesting that: '
Robert Guy of Aurora CO
be appointed as Personal
Representative(s) of said
estate to serve Without
SU'rety on the bond.
You have the right to
{)btain a copy of the Petition
from the Petitioner or at the
Court. You have a right to
object to this proceeding. To
do so, you or· your attorney
must file a written appear-
ance and objection at this
Court befote: 10:00 a.m. on
09/12112.
This is NOT a hear-
ing date, but a deadline by
which you must ftle a writ-
ten appearance and objec-
tion if you object to this pro-
ceeding. If you fail to fIle a
timely written appearance
and objection followed by
an Affidavit of Objections
within thirty (30) days of the
return date; action may be
taken without further notice
to you.
The estat-e is being
administered under formal
procedure by the Personal
Representative under the
Massachusetts Uniform
Probate Code without
supervision by the Court.
Inventory and accounts are
You've been together since you were kids
-and now you're taking off to school. Don't
leave everything behind, Keep in touch with home
and take the Agawam Adverliser News with you by
subscribing today! You'll get weekly updates with
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YES! I want a year subscription to the
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Exp.Date _______ CWNo. ____ --.,. ____ _
PlEASE SEND TO: D Same as above D Recipient below
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....... ArIrfIrfIS8f' NeIlS Is publlsHII wt8IIIJ bY
TluIQ PlbHcall_. PleaSe send IIQ11elllllf1lmlallln
..... address ballW. call HlOo-lI2W5U.
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Printers & Publishers Since 1962
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"In slak!-'$35, oul of state $40, ~ a one yeaF.suhscription. GRAD12
AGAWAM ADWJlnSrn NI::WS
not required to be filed with
the Court, but recipients are
entitled to notice regard-
ing the administration from
the Personal Representative
and can petition the Court
in any matter relating to the
estate, including distribution
of assets and expenses of
administration.
WITNESS, Han. Anne
M Geoffrion, First Justice of
this Court.
Date:August 15.2012
Thomas P Moriarty Jr,
Register of Probate
8/23/12
Commonwealth of
MassaChusetts
The Trial Court
Hampden Probate and
Family Court
SO State Street
Spring6eld, MA 01103
(43)748-7758
Docket No. HDllP0726EA
Estate Qf:
Pntricia A Schebel
. Date of Death: 0312012011
CITATION ON PETITION
. FOR ORDER OF
COMPLETE
SETTLEMENT
OF ESTATE
To all interested persons:
A Petition has been filed
by: Lanrie Ann Schebel of
Agawam, MA requesting
that an Order of Complete
Settlement of the estate
issue including to approve
an accounting and other such
relief as may be requested in
the Petition.
You h~ve the right to
Qbtain a copy oflhe Petition
from the Petitioner or at the
Court. You have a right to
object to this proceeding. To
do so, you or your attorney
must file a written appear-
ance and objection at this
Court before 10:00· a.m. on
09/1012012.
This is NOT a hear-
ing date, but a deadline by
which you must file a writ-
ten appearance and objec-
tion if you object to this pro-
: ceeding. If you fail to file a
. timely written appearance
and objection foHowed by
an Affidavit of Objections
within thirty (30) days of the
return date, action may be
taken without further notice
to you.
WITNESS, . Hon. Anne
M Geoffrion, First Justice of
this Court
Date: August 13, 2012
Thomas P. Moriarty, Jr.
Register of Probate
8123/12
Commonwealth of
Massachusetts
The Trial Court
Prohateand
Family Court
50 State Street
Springfield, MA 01103
Docket No. HDI0P254IPM
In the matter of:
Marilyn Coates
Of: Chicopee, MA .
Protected Person!
Disabled Person
CITATION GIVING
NOTICE OF
CONSERVATOR·S
ACCOUNT
To the named Respondent
and all other interested per-
sons, you are hereby noti-
fied pursuant to Mass. R.
Civ. P. Rule 72, that the First
account(s) of Dennis Coates
of Chicopee, MA as Conser-
vator of the property of said
Respondent has Of have been
presented to the Court for
allowance.
You have the right to
object to the account(s). If
you wish to do so, you or
your attorney must file a
written appearance at this
court on or before 10:00
a.m. on the return date of
09/13/2012. This day is NOT
a hearing date, but a deadline
date by which you have to
file the written appearance if
you object to the account(s).
If you fail to file the writ-
ten appearance by the return
date, action may be taken in
this matter without further
notice to you, including the
allowance 'of the account(s).
Additionally, within thir-
ty days after said return day
(or within such other time as
the Court upon motion may
order), you must file a writ-
ten affidavit of objections
stating the specific facts
and grounds upon which
each objection is based and
a copy shall be served upon
the Conservator pursuant to
Mass. R. Civ. P. 5
You have the right to send
to the Conservator, by reg-
istered or certified-mail, a
-written request to receive a
copy of the account(s) at no
cost to you.
August 23, 2012
IMPORTANT NOTICE
The outcome of this proceed-
ing may limit or completely
take away the above-named
person's right to make deci-
sions about personal affairs
or financial affairs or both.
Tbe above-named person
has the right to ask for a
lawyer. Anyone may make
this request on behalf of the
above-named person. If the
above-named person cannot
afford a lawyer, one may be
ap(X)inted at State expense.
WITNESS, Han. Anne
M Geoffrion, First JUstice of
this Court.
Date: August 15, 2012
Thomas. P. Moriartv, Jr.
Register of Pr~bate
8123112
Rusiecki joins Park
Square Realty
Ted Cassell, pres-
ident of Park Square
Realty, announced
that Krista Rusiecki
has joined Park
Square Realty's
Feeding Hills office
as a sales associate.
She will specialize
in residential list-
ings and sales.
Before entering
the ",al estate field,
Rusiecki worked as
a preschool teacher
in Granby, Conn,
and teacher's aide
at the elementary
school level in West
Springfield,
She resides in Turley Publications courtesy photo
Agawam with her
husband and her Krista Rusiecki
three sons, ages 5,7
and 10.
Park Square Realty is a locally owned residential
real estate company with offices in Westfield and
Feeding Hills and can be seen online' at parksquare-
realty.com.
•
LEGAL NOTICE
TOWN OF AGAWAM
PLANNING BOARD
The Agawam Planning Board will hold a public hearing on Thursday, September 6, 2012 at 7:00
PM in the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this
hearing will be to hear the petition of the Agawam Planning Board on a proposed zoning
amendment to Section 180-2 of the Agawam Zoning Ordinance entitled "Definitions and Word
Usage". A copy of the proposal can be ohtained from the Agawam Planning Office between the
hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA.
BY ORDER OF:
Travis P. Ward, Chairman
Agawam Planning Board
(Ad to be run 8/23/12 & 8/30112)
cc: Planning Boards in:
Westfield
West Springfield
Suffield
Southwick
Springfield
Pioneer Valley Planning Commission
Department of Housing & Community Development, Boston
• • Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400
MEMO
TO: Building Inspector
FROM:
DATE:
Safety Officer '
Fire Department
Health Department
Conservation Commission
Engineering DepartmentlDPW
Board of Appeals
School Committee
Assessors
Planning Board ?.,y
August 6, 2012
Fax 413-786-9927
SUBJECT: Zoning Amendment -Definitions -Planning Board
The Planning Board has voted to be petitioner on the attached proposed zoning amendment
regarding Definitions,
The Board will be holding its public hearing on this proposal on Thursday, September 6, 2012.
We would appreciate any comments you may have prim to this hearing.
Sincerely,
~ . -r~-l.. I~. lIS~
Travis P. Ward, Chairman ,
AGAWAM PLANNING BOARD
r • • Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
August 6, 2012
Christopher C. Johnson, President
Dennis J. Perry, Vice President
George Bitzas, Councilor
Cecilia P. Calabrese, Councilor
Paul C. Cavallo, Councilor
James P. Cichetti, Councilor
Gina M. Letellier, Councilor·
Robert A. Magovem, Councilor
Joseph Mineo, Councilor
.,"
Donald M. Rheault, Councilor
Robert E. Rossi, Councilor ~~~
,'-:-':.l ;.:~
Agawam Town Council
36 Main Street
Agawam, MA 01001
...;;~. (I)
j>o
Dear Councilors:
At its duly called meeting held on August 2,2012, the Agawam Planning Board voted to act as
the petitioner for a proposed zoning amendment to Section 180-2 "Definitions and Word Usage".
The new definition section updates existing definitions, reorganizes definitions that are presently
found in other sections of the Zoning Ordinance and adds definitions for terms presently not
defmed in the Ordinance.
The Planning Board will be holding its public hearing on this zoning amendment on September
6,2012.
~incerely, . ~ 0 ..A
L~~'~' A...A
Travis P. Ward, Chairman ,~,!)
AGAWAM PLANNING BOARD
cc: Mayor, Clerk, Solicitor, Board of Appeals, Building Inspector, File
-j7
-'1 ".., ..,
•
ARTICLE VI, DEFINITIONS
AGAWAM ZONING ORDINANCE
August 2,2012
ARTICLE I, General Provisions
§ 180-1 Purpose (leave)
§ 180-2 Defmitions and word usage
•
For the purpose of this Ordinance, certain terms and words shall have the following meaning.
Words used in the present tense include the future; the plural number includes the singular; the
words "used" or "occupied" include the words "designed", "arranged", "intended", or "offered to
be used or occupied"; the words "building", "structure", "lot", "land", or "premise" shall be
construed as though followed by the words "or any portion thereof'; and the word "shall" is
always mandatory and not merely directory. (Jessica)
Terms and words not defined herein but defined in the Building Code or Subdivision Regulations
shall have the meanings given therein unless a contrary intention clearly appears. Words not
defined in either place shall have the meaning given in the most recent edition of Webster's
Unabridged Dictionary. (Jessica)
§ 180-2 Definitions
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
ABANDONMENT: The cessation of a nonconforming use or structure as indicated by the
visible or otherwise indicated intention to discontinue a nonconforming use of a structure or a lot,
or the cessation of a nonconforming use or structure by its replacement with a conforming use or
structure. (New Jessica)
ACCESSORY BUILDING: A subordinate building, located on the same lot as the main, or
principal building or principal use, the use of which is customarily incidental to the main or
principal use permitted in the district. (Jessica)
ACCESSORY USE: A use customarily incidental to that of the main or principal building or use
of the land. (Mark)
ACT: The Telecommunications Act of 1996. (Existing)
ADEQUATE COVERAGE: Coverage is considered to be adequate within that area
surrounding a base station where the predicted or measured median field strength of the
transmitted signal for at least 75% of the covered area is greater than -95 dbm. It is acceptable for
there to be holes within the area of adequate coverage where the signal is less than -95 dbm, as
long as the signal regains its strength to greater than -95 dbm further away from the base station.
For the limited purpose of determining whether the use of a repeater is necessary or desirable,
there shall be deemed not to be adequate coverage within said holes. The outer boundary of the
1
• •
area of adequate coverage, however, is that location past which the signal does not regain a
strength of greater than -95 dbm. (Existing)
ADEQUATE CAPACITY: Capacity is considered to be adequate if the grade of service is
p.OS or better for a worst case day in a preceding month, based on the Erllang B Tables, prior to
the date of application; or as measured using direct traffic measurement of the personal wireless
service facility in question for existing facilities requesting major modification and where the call
blocking is due to frequency contention at the antennae s). (Existing)
ADULT DAY CARE FACILITY: A building or structure where care, protection, and
supervision are provided, on a regular schedule, to adults over the age of 18. (New Mark)
AGRICULTURE: The production, keeping or maintenance, for sale or lease of plants and
animals useful to man, including but not limited to: forages and sod crops; grains and seed crops;
dairy animals and dairy products; poultry and poultry products; livestock including beef cattle,
swine, horses, mules, ponies, or goats or any mutations of hybrids thereof, including the breeding
and grazing of any or all such animals, bees, and apiary products, for animals, trees and forest
products; fruits of all kinds, including grapes, nuts and berries, vegetables, floral, nursery,
ornamental and green house products, or lands devoted to a soil conservation or forestry
management program. (New Jessica)
ALTERATION: Any construction, reconstruction or other action resulting in a change in the
structural parts, height, number of stories, exits, size, use or location of a building or other
structure. (New Jessica)
AMUSEMENT PARK: A commercially operated park with a predominance of outdoor games
and activities for entertainment, including shows or riding devices, games of skill or chance, or
any combination of shows, riding devices, water slides, miniature golf, batting cages or any
combination of several enterprises, such as revolving wheels, merry-go-rounds, giant swings,
panoramas, musical and theatrical entertainments, or riding devices, whether carried on, engaged
in or conducted as one enterprise or by several concessionaries, and whether an admission fee is
charged for admission to all such shows for entertainments, or a separate fee for admission is
charged for each amusement. [Added 2-2-2001 by TOR-2001-1] (Existing)
ANIMAL CLINIC OR HOSPITAL: A place where animals or pets are given medical or
surgical treatment and the boarding of animals is limited to short term care incidental to the clinic
or hospital use. (New Mark)
ANTENNA: A device which is attached to a tower or other structure for transmitting and
receiving electromagnetic waves. (Existing)
APARTMENT HOUSE: A building or structure arranged, intended and designed to be
occupied by five or more families, living independently of each other, and each including its own
separate kitchen and bathroom accommodations. Garden-type apartments shall be considered as
an apartment house. (Revised Jessica)
ATTIC: The unfinished space between the ceiling of the top story of a building and its roof
which is not used for living, sleeping or eating quarters. (Revised Jessica)
2
• •
BASE STATION: The primary sending and receiving site in a wireless telecommunications
network. (Existing)
BUILDING: A structure enclosed within exterior, walls or firewalls, built, erected and framed of
a combination of any materials, whether portable or fixed, having a roof, to form a structure for
the shelter of persons, animals or property. For the purpose of this definition, "roof' shall include
an awning or any similar covering, whether or not permanent in nature. The word "building"
shall be constructed, where the context requires, as though followed by words "or part or parts
thereof'. A porch or an attached garage, greenhouse or similar structure is to be considered as
part of a building when considering the requirements of setback, side or rear yards. (Mark)
BUSINESS: The transacting or carrying on of a trade or commercial enterprise with a view to
profit or for livelihood. (Existing)
CEMETERY: Land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes including columbarium, crematoriums, mausoleums, and funeral
establishments, when operated in conjunction with and within the boundary of such cemetery
under the care and supervision of the Town or other public authority. (Jessica and existing)
CHANNEL: The segment of the radiation spectrum from an antenna which carries one signal. An
antenna may radiate on many channels simultaneously. (Existing)
CHILDCARE FACILITY: Facilities that serve children under seven years of age or sixteen
years if the children have special needs, or school-age children (under fourteen years of age or
sixteen years if they have special needs) in programs that are held before or after school hours or
during vacations. (Jessica)
A child care facility defined in M.O.L. c.28A, s.9. (Mark)
CLUB OR LODGE, PRIVATE: Buildings, structures and premises used by a non-profit social
or civic organization or by a nonprofit organization, catering exclusively to members and their
guests for social, civic, recreation, or athletic purposes which are not conducted primarily for gain
and provided there are no vending stands, merchandising, or commercial activities except as may
be required generally for the membership and purposes of such organization. (Mark)
COMMERCIAL RECREATION, INDOORS: A structure for recreational, social or
amusement purposes, which may include as an accessory, use the consumption of food and drink,
including all connected rooms or space with a common means of egress and entrance. Places of
assembly shall include theaters, concert halls, dance halls, skating rinks, bowling alleys, health
clubs, dance studios, or other commercial recreational centers conducted for or not for profit.
(new Mark)
COMMERCIAL RECREATION, OUTDOORS: Driving range, bathing beach, sports club,
horseback riding stable, boathouse, marina or other commercial recreation carried on in whole or
in part outdoors, except those activities more specifically designated in this ordinance. (Zoning
Committee)
3
• •
COMMUNICATION EQUIPMENT SHELTER: A structure located at a base station designed
principally to enclose equipment used in connection with personal wireless service transmissions.
(Existing)
CONVENIENCE STORE: A retail store that sells groceries and may also sell gasoline; does
not include automotive service stations, or vehicle repair shops. (New Zoning Committee)
CREMATORY: A building containing a furnace designed and intended to be used for cremating
the dead and owned and controlled by a cemetery corporation or crematory corporation duly
organized under the laws of the state. (existing)
DETACHED: Separate from. (existing)
DBM: Unit of measure of the power level of an electromagnetic signal expressed in decibels
referenced to 1 milliwatt. (Existing)
DWELLING: A building designed and occupied as the living quarters of one (1) or more
families. Single-and two-family dwellings shall be designed for and occupied by not more than
one (l) or two (2) families, respectively. A multifamily dwelling shall be one designed for and
occupied by three (3) or more families. Hotels, lodging houses, hospitals, membership clubs, or
dormitories shall not be considered dwellings. (Mark and Jessica)
EARTH REMOVAL: Extraction of sand, gravel, top soil, or other earth for sale or for use at a
site removed from the place of extraction exclusive of the grading of a lot preparatory to the
construction of a building for which a building permit has been issued, or the grading of streets in
accordance with an approved definitive plan and exclusive of granite operations. (Mark)
EDUCATIONAL USE: Use of land or structures for education purposes on land owned or
leased by the Commonwealth or any of its agencies, subdivisions or bodies politic or by a
religious sect or denomination, or by a non-profit education corporation. Educational facilities
not exempted from regulation by M.G.L. 40A, s.3. (Jessica)
EMF: Electromagnetic frequency radiation. (Existing)
ERECT: To build, construct, reconstruct, move upon, or conduct any physical development of
the premises required for a building; to excavate, fill, drain, and the like preparation for building
shall also be considered to erect. (New Mark)
ESSENTIAL SERVICES: Services provided by a public service corporation or by
governmental agencies through erection, construction, alteration, or maintenance of gas,
electrical, steam, or water transmission or distribution systems and collection, communication,
supply, or disposal systems whether underground or overhead, but not including wireless
communications facilities. Facilities necessary for the provision of essential services include
poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment in connection therewith. (new Mark)
4
• •
FACILITY SITE: The location within a Wireless Telecommunications Overlay District leased
by one of more personal wireless service providers and upon which one or more personal wireless
service facility( s) and required landscaping are located. (Existing)
FAMILY: A number of individuals related by blood, marriage andlor adoption or a group of
unrelated individuals not to exceed four (4) who are occupying a dwelling unit and living as a
single nonprofit housekeeping unit. This definition, however, does not apply to non-related
disable persons as defined by any applicable federal andlor state law andlor regulations. (Jessica)
FAMILY DAY CARE FACILITY: Any private residence which on a regular basis receives for
temporary custody and care during part of all of the day, children under seven (7) years of age or
children under sixteen (16) years of age if such children have special needs. Provided, however,
in either case, that the total number of children shall not exceed more than six (6), excluding
participating children living in the residence. (Mark)
FARMSTAND: A facility for the sale of produce, and wine and dairy products, provided that
during the months of June, July, August, and September of every year, or during the harvest
season of the primary crop raised on land of the owner or lessee, the majority of such products for
sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of
land containing more than five acres on which the facility is located used primarily for agriculture
in conformance with M.G.L. c.40A, s.3. (State law)
FCC: Federal Communications Commission. The govemment agency responsible for regulating
telecommunications in the United States. (Existing)
FCC 96-326: A report and order which sets new national standards for emissions of radio
frequency emissions from FCC regulated transmitters. (Existing)
FENCE: An artificially constructed barrier of any material or combination of materials erected to
enclose or screen areas of land. (Jessica)
FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation
of normally dry land areas from:
(l) The overflow of inland or tidal waters;
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(existing)
FLOODW A Y: The channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot. (existing)
FLOODW AY FRINGE: The land in the floodplain within a community subject to a one percent
or greater chance of flooding in a given year that is located outside of the floodway. (existing)
GARAGE, PRIVATE: A building or space used as an accessory to or a part of a main building
permitted in any residential district, and providing for the storage of one or more motor vehicles
and in which no business, occupation or service for profit is in any way conducted. (zoning
committee)
5
• •
GARAGE, PUBLIC: A garage, other than a private or storage garage, which is used for the
short-tenn parking of vehicles. (zoning committee)
GARAGE, REPAIR: A building or portion thereof, other than a private or storage garage,
designed or used for equipping, servicing, repairing, hiring, selling, andlor storing of motor
vehicles. The tenn repairing shall not include an automobile body repair shop nor the rebuilding,
dismantling, or storage of wrecked or junked vehicles. (zoning committee)
GASOLINE SERVICE STATION: A gasoline service station shall include any business selling
or offering for sale any motor fuel, such as gasoline or diesel fuel, to the public, whether or not
the public pennitted or expected to operate the pump to put the fuel into a motor vehicle's fuel
tank or a container, and shall include gasoline filling stations and gasoline self-service stations.
For the purposes of this ordinance gasoline service station shall also include any site used or
operated as a retail refueling site, including the fuels of gasoline, propane, electricity and
hydrogen. (Approved by Council 5/503)
GHZ: Gigahertz: one billion hertz. (Existing)
GRADE OF SERVICE: A measure of the percentage of calls which are able to connect to the
base station, during the busiest hour of the day. Grade of service is expressed as a number, such as
p. OS, which means that 95% of callers will connect on their first try. A lower number (p. 04)
indicates a better grade of service. (Existing)
HALF STORY: The space between the ceiling of the top story of a building and the roof where
the area and height are sufficient for sleeping and living quarters. (existing)
HAZARDOUS MATERIAL: Any substance which is listed in, but not limited to, the EPA
priority pollutants as described in section 307 (a) of the Clean Water Act, as amended. (Mark)
HEIGHT: The vertical distance from the average finished grade of the adjacent ground to the top
of the structure of the highest roof beams of a flat roof, or the mean level of the highest gable or
slope of a hip roof. (Jessica)
HERTZ: One hertz is the frequency of an electric or magnetic field which reverses polarity once
each second or one cycle per second. (Existing)
HOME OCCUPATION: An occupation, business, trade, service or profession which is
incidental to and conducted in a dwelling unit or in a building or other accessory structure thereto,
by a resident thereof. (Mark)
HOSPITAL: An institution providing primary health services and medical or surgical care to
persons, primarily in-patients, suffering from illness, disease, injury, defonnity and other
abnonnal physical or mental conditions, and including, as an integral part of the institution related
facilities such as laboratories, outpatient facilities or training facilities, a sanitarium, and clinic.
The tenn "hospital" does not include a rest home, nursing home and/or convalescent home.
(Jessica)
6
• •
HOUSEKEEPING UNIT: See definition of "family". (Jessica)
JUNK VEIDCLES: A wrecked, damaged, destroyed, non-operational, abandoned or
disassembled trailer, house trailer, boat, tractor, automobile, aircraft, or other motor vehicle, or
any parts thereof. A junk vehicle includes apparently inoperable, immobile, disassembled or
extensively damaged vehicles. Evidence of non-operation and damaged includes, but is not
limited to, a buildup of debris that obstructs use, a broken window or windshield, a missing
wheel, a flat tire, a nonfunctional motor or transmission, missing bumpers, or missing plates and
the like. (Zoning Committee)
KENNEL, COMMERCIAL: An establishment licensed to operate a facility housing dogs, cats,
or other household pets and where grooming, breeding, boarding, training or selling of animals is
conducted as a business. (Jessica)
KENNEL, PRIVATE: Any building or land designated or arranged for the care of dogs, cats or
other household pets belonging to the owner of the residential, principal use, kept for purposes of
show, hunting, or as pets. (Jessica)
LODGING HOUSE: A building containing more than five (5) lodging units for semi-permanent
residence (longer than one (1) week) for compensation and which meals may also be supplied as
part of the fee. This shall not include bed and breakfast home uses, congregate housing, motels,
hotels, multi-family dwellings, or nursing homes. (Jessica)
LIGHT MANUFACTURING: Fabrication, assembly, processing, finishing work or packaging.
(Mark)
LOADING SPACE, OFF-STREET: Space located on the same lot with principal building, or
contiguous to a group of buildings, for bulk pickups and deliveries, scaled to delivery vehicles
expected to be used, and accessible to such vehicles when required off-street parking spaces are
filled. It shall abut a street, alley, or other appropriate means of ingress or egress. (Mark)
LOT: A continuous parcel ofland with legally definable boundaries. (Mark)
LOT, AREA: The horizontal area of the lot exclusive of any area in a street or recorded way
open to public use. (zoning committee)
LOT, CORNER: A lot located at the intersection of two or more streets. (New Deb)
LOT, DEPTH OF: The mean distance from the street line of the lot to its opposite rear line
measured in the general direction of the side lines of the lot. (Mark)
LOT, FRONTAGE OF: A lot line coinciding with the sideline of a street which provides legal
rights of vehicular access and actual physical vehicular access to the lot. Frontage shall be
measured continuously along a street and shall be the horizontal distance between the side lot
lines measured at the point where the side lot lines intersect with the front set back line. (Jessica)
LOT LINE: A line dividing one lot from another, or from a street or any public place. (Mark)
7
• •
LOT LINE, REAR: The lot line opposite the street line, except that, in the case of a comer lot,
the rear lot line shall be the line opposite the street line on which the building is numbered or
would be numbered. (existing)
MAJOR MODIFICATION OF AN EXSITING FACILITY: Any change or proposed change
in power input or output, number of antennas, change in antenna type or model, repositioning of
antenna (s), change in number of channels per antenna above the maximum number approved
under an existing special permit. Also any increase or proposed increase in dimensions of an
existing and permitted tower or other structure designed to support personal wireless service
transmissions, receiving and/or relaying antennas and/or equipment. (Existing)
MEDICAL CENTER OR CLINIC: A building designed and used for the diagnosis and
treatment of human patients that does not include overnight care facilities. (Mark)
MHZ: Megahertz: one million hertz. (Existing)
MILE: A "mile" (5,280 feet) is to be measured from a point on an imaginary line which is
perpendicular to the vertical line at that point. (Existing)
MONITORING: The measurement, by the use of instruments in the field, of the radiation from
a site as a whole or from individual personal wireless service facilities, towers or antennas.
(Existing)
MONITORING PROTOCOL: The testing protocol, initially the Cobbs Protocol, which is to be
used to monitor the emissions from existing and new personal wireless service facilities and
towers upon adoption of this article. The SPGA may, as the technology changes, require, by
written regulation, the use of other testing protocols. A copy of the monitoring protocol shall be
on file with the Town Clerk. (Existing)
MONOPOLE: A single self-supporting vertical pole with below-grade foundations. (Existing)
MOUNT: The structure or surface upon which antennas are mounted, including the following
four types of mounts:
A. Roof-mounted: mounted on the roof of a building.
B. Side-mounted: mounted on the side of a building.
C. Ground-mounted: mounted on the ground
D. Structure-mounted: mounted on a structure other than a building.
MOTEL: A building or buildings intended and designed for transient overnight or extended
occupancy, divided into separate units within the same building with or without a public dining
facility. (Jessica)
8
• •
MOTOR VEmCLE COMMERCIAL: Any vehicle used or designed to be used for business or
commercial purposes that infringes on the residential character of residential districts and
includes, but is not necessarily limited to: a bus, cement truck, commercial tree-trimming
equipment, construction equipment, dump truck, garbage truck, panel truck, semi-tractor, semi-
trailer, stake bed truck, step van, tank truck, tar truck, fire truck, or the like, or other commercial
type vehicle licensed by the state as a commercial vehicle or truck. (zoning committee)
MOTOR VEHICLE GENERAL OR BODY REPAIR: An establishment, garage or work area
enclosed within a building where repairs are made or caused to be made to motor vehicles and
their bodies, including fenders, bumpers and similar components of motor vehicle bodies, but
does not include the storage of vehicles for the cannibalization of parts or fuel sales. (Mark)
MUNICIPAL FACILITIES: Facilities owned or operated by the Town of Agawam. (Mark)
NON-CORNFORMING BUILDING OR STRUCTURE: A building or structure, existing at
the effective date of this ordinance, or any subsequent amendment to, which does not conform to
one or more provisions of this ordinance. (Jessica)
NON-CONFORMING LOT: A lot lawfully existing at the effective date of this ordinance, or
any subsequent amendment to, which is not in accordance with all the provisions of this
ordinance. (Jessica)
NON-CONFORMING USE: A use lawfully existing at the time of adoption of this ordinance,
or any subsequent amendment thereto, which does not conform to one or more provisions of this
ordinance. (Jessica)
NURSING, REST HOME, OR CONVALESCENT HOME: An extended or intermediate care
facility licensed or approved to provide full-time convalescent or chronic care to individuals who,
by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
(Jessica)
OFF-STREET PARKING SPACE: A space of 200 square feet or more plus access and
maneuvering space, whether inside or outside a structure for exclusive use as a parking stall for
one motor vehicle, and further being surfaced with durable pavement. (Jessica)
OPEN SPACE: The space on a lot unoccupied by buildings, structures, driveways, off-street
parking or loading spaces or other impervious surfaces. (Jessica)
ORDINARY mGH-WATER MARK: The highest point on the bank of a floodway or
floodplain at which the water level has been for a sufficient period of time to leave a definite
mark. (existing)
PERSONAL WIRELESS SERVICES: Commercial mobile services, unlicensed wireless
services and common carrier wireless exchange access services. These services include: cellular
services, personal communications services (PCS), specialized mobile radio services and paging
services. (Existing)
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PERSONAL WIRELESS SERVICE FACILITY: All equipment (excluding any repeaters)
with which a personal wireless service provider broadcasts and receives the radio frequency
waves which carry their services and all locations of said equipment or any part thereof. This
facility may be sited on one or marc towers or structures(s) owned and permitted by another
owner or entity. (Existing)
PERSONAL WIRELESS SERVICE PROVIDER: An entity licensed by the FCC to provide
personal wireless services to individuals or institutions. (Existing)
PRINCIPAL BUILDING: A building in which is conducted the principal use of the lot on
which it is located. (Jessica)
PRINCIPAL USE: The main or primary purpose for which a structure or lot is designed,
arranged or intended, or for which it may be used, occupied or maintained under this ordinance.
Any other use within the main structure or the use of any other structure or land on the same lot
and incidental or supplementary to the principal use and permitted under this ordinance shall be
considered an accessory use. (Jessica)
RADIATION PROPAGATION STUDIES OR RADIAL PLOTS: Computer generated
estimates of the radiation emanating from antennas or repeaters sited on a specific tower or
structure. The height above mean sea level, power input and output, frequency output, type of
antenna, antenna gain, topography of the site and its surroundings are all taken into account to
create these simulations. They are the primary tool for determining whether a site will provide
adequate coverage for the personal wireless service facility proposed for that site. (Existing)
REAR YARD: The required unoccupied space or area within the rear lot line and the part of the
principal building nearest such rear lot line. (Existing)
RESTAURANT: A building, or portion thereof, which is designed, intended and used for the
indoor sales and consumption of food prepared on the premises, except that food may be
consumed out doors in landscaped terraces, designed for dining purposes, which are adjuncts to
the main indoor restaurant facility. The term "restaurant" shall not include "fast food
establishments". (zoning committee)
RESTAURANT, FAST-FOOD: An establishment engaged primarily in the business of
preparing food and purveying it on a self-service or semi self-service basis. Customer orders
andlor service may be by means of a walk-up counter or window designed to accommodate
automobile traffic. Consumption is either on or off the premises .. (zoning committee)
RESTAURANT, DRIVE-IN AND DRIVE-THROUGH: A restaurant which provides
convenient vehicular access and may provide service to customers while in their vehicles.
(existing)
SANITARIUM: A hospital used for treating chronic and usually long-term illness. (Jessica)
SEMI-DETACHED DWELLING: A single-family residential unit that is joined on one side to
another single-family residential unit having a party wall between the units. (existing)
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SERVICES, PROFESSIONAL: Establishments primarily engaged in rendering services by
professional persons on a fee or contract basis, including, but not limited to the following:
accounting, auditing, and bookkeeping; medical, dental or health; planning, engineering and
architectural; education and science; attorneys and notary publics; etc. (Jessica)
SETBACK: The minimum required unoccupied space or area between the street line of which
the building is numbered or would be numbered and the part of the building nearest such street
line, such unoccupied space or area extending the entire width or distance across the lot.
(existing)
SIDE LOT LINE: The line dividing one lot from another. (existing)
SIDE YARD: The required unoccupied space and area within the lot between the side lot line
and parts of the building nearest such side lot line. In the case of a comer lot, one of the side
yards shall be the unoccupied space or area between the street line of the side street and the parts
of the building nearest to such street line. (existing)
SIGN: Any device, surface or framework on which words, symbols or other designs, are
inscribed or displayed and designed to call attention thereto, including flags, banners and the like.
(existing)
SIGN, ACCESSORY: Any sign that advertises or indicates the person occupying the premises
on which the sign is erected or maintained or the business transacted thereon or the products sold
thereon. (existing)
SIGN, AREA OF:
A. Area of the face: The area of the face ofa sign shall be considered to include all lettering,
working and accompanying designs and symbols, together with the background on which
they are displayed and any cutouts or extensions. (existing)
B. The area of a sign consisting of individual letters or symbols attached to or painted on a
surface, building, wall or window shall be considered to be that of the smallest quadrangle
or triangle which encompasses all the letters and symbols. (existing)
C. The area of a sign consisting of a three-dimensional object shall be considered to be the
area of the largest vertical cross section of that object. (existing)
D. In computing the area of the signs, both sides of v-shaped signs, but only one (I) side of
the back-to-back signs, shall be counted. (existing)
Sign, billboard: Any non-accessory sign greater in face area than 40 square feet. (existing)
Sign, color: The color concept of the sign shall be such that it does not violate the purpose of this
Article. (existing)
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Sign, instructional: Signs indicating "entrance", "exit" or the like, erected on premises for the
direction of persons or vehicles. (existing)
Sign, outdoor advertising board: The Outdoor Advertising Board of the Commonwealth or any
board or official which may hereafter succeed to its powers or functions. (existing)
Sign, overhanging: A sign or other advertising device which hangs or extends over a sidewalk or
a way in which the public has a right of access. Wall signs and standing signs shall not be
included in this definition. (existing)
Sign, real estate: A sign advertising the sale, rental or lease of the premises on which it is
maintained. (existing)
Sign, standing: A sign standing or hanging free on its own support; such support may be attached
to a building or fixed in or to the ground. "Standing signs" may have two (2) faces or sides
showing in opposite directions. (existing)
Sign, structure: The supports, uprights, bracing and framework of a sign. Any color applied to
the "structure" shall meet the purposes of this Article. (existing)
Sign, temporary: Any sign, including its supporting structure, intended to be maintained for a
period less than one hundred eight (180) days for agricultural purposes and sixty (60) days for any
other purposes. (existing)
Sign, wall: A sign fastened or affixed parallel to and within twelve (12) inches of the wall of a
building. (existing)
Sign, window: A sign painted or placed on the inside or outside of a window. (existing)
SINGLE-FAMILY DWELLING: A structure designed exclusively for and occupied
exclusively by one family. (zoning committee)
SITE PLAN: A plan, to scale, showing uses and structures proposed for a parcel of land as
required by the zoning regulations, including lot lines, streets, building sites, buildings, landscape
features, traffic circulation, parking, drainage, utilities, signs, topography and lighting within the
parcel. (Jessica)
SPECIAL PERMIT GRANTING AUTHORITY: The Board of Appeals of the Town of
Agawam. (zoning committee)
STORAGE CAPACITY OF A FLOODPLAIN: The volume of space above an area of
floodplain that can be occupied by flood water of a given stage at a given time, regardless of
whether the water is moving. (existing)
STORY: The horizontal portion through a building between floor and ceiling. The word "story"
shall not include the portion of the basement or cellar of a building above grade or an attic as
defined in this section. (existing)
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STREET: An accepted city way, or a way established by or maintained under county, state, or
federal authority, or a way established by a subdivision plan approved in accordance with the
subdivision control law actually constructed to specifications or for which adequate security exists
to construct such a way. (Mark)
STREET RIGHT-OF-WAY: A general term denoting land, property or interest therein, usually
a strip acquired for or devoted to a planned roadway. A street right-of-way should be sufficient to
accommodate the ultimate roadway, including, but not limited to: the street pavement, shoulder,
grass strip, sidewalk, public utility facilities, street trees, and snow storage. (Jessica)
STREET LINE: The dividing line between a street and a lot and, in the case of a public way, the
street line established by the public authority laying out such way upon which the lot abuts.
(existing)
STRUCTURE: A combination of materials assembled at a fixed location to give support or
shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin fence,
sign, flagpole, recreational tramway, and mast for radio antenna or the like. The word "structure"
shall be construed, where the context allows, as though followed by the words "or part or parts
thereof". (zoning committee)
SUBSTANTIAL IMPROVEMENT IN THE FLOODPLAIN: Any repair, reconstruction or
improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the
assessed value of the structure either before the improvement is started or, 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. (existing)
TOWER: A monopole that is designed to support personal wireless service transmission,
receiving and/or relaying antennas and/or equipment. (Existing)
TRAILER: Any so-called automobile trailer, mobile home or trailer coach, including any
portable structure, means of conveyance or vehicle so designed or constructed, altered or
converted in any manner as to permit occupancy thereof for dwelling or sleeping purposes.
(existing)
TRUCKING TERMINAL: Terminal facilities for handling freight with or without maintenance
facilities. (Jessica)
UNREGISTERED MOTOR VEHICLES: Any motor vehicle or trailer not registered in
accordance with Massachusetts General Laws Chapter 90, or any motor vehicle which fails to
carry or display its license plate as provided in §6 of said Chapter 90; or any motor vehicle or
trailer owned by a non-resident who has failed to comply with the registration laws of the non-
resident state or country. (Zoning Committee)
USE, SUBSTANTIALLY DIFFERENT: A use which by reason of its normal operation would
cause readily observable differences in patronage, service, sight, noise, employment or similar
characteristics from the use to which it is being compared. (Jessica)
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WIRELESS TELECOMMUNICATIONS OVERLAY DISTRICT (WTOD): Specific
area( s), detennined by engineering analysis to contain sites where adequate service may be
provided to the Town of Agawam, which, at the same time, have the potential of reducing or
mitigating negative impacts in accordance with the Overlay District as defined in this article.
(Existing)
YARD: A space open to the sky, located between a building or structure and a lot line,
unoccupied except by fences, walls, poles, paving, and other customary yard accessories. (Mark)
YARD, FRONT: A yard extending the full width of the lot and situated between the street line
and nearest point of the building. (Mark)
YARD, REAR: The required unoccupied space or area within the rear lot line and the part of the
principal building nearest such rear lot line. (Mark)
YARD, SIDE: The required unoccupied space or area within the lot between the side lot line and
parts of the building nearest such side lot line. In the case of a corner lot one (1) of the side yards
shall be the unoccupied space or area between the street line of the side street and the parts of the
building nearest to such street line. (Mark)
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Pamela Kerr • • Page 1 of 1
From: Deborah Dachos
Sent: Tuesday, July 17, 2012 2:04 PM
To:
Cc:
barbara bard; David Chase; David Chase; Mark Paleologopoulos; Michael Morassi; Travis Ward; Vi Baldwin
Pamela Kerr; Barbara Brizzolari
Subject: Zoning Definitions
Attachments: zoning definitions. doc
Hi All,
Attached please find the definitions that I have been working on for the last week. As I mentioned in my
earlier e-mail, I have used the existing definitions, Jessica's draft, the Zoning Review Committee's draft
(2003) and Mark Brobowski's draft (1999) to develop this version. There was some editorial license
employed. For instance, if there were multiple definitions for the same word, I pick the simplest, most
understandable of the versions. I relied on Mark and Jessica's definitions when there were legal issues.
didn't use Jessica's when I thought she was adding too much. Anyway, I looked at each and every word
and picked what appeared to be the most concise and understandable definition. There are a couple that
I highlighted for your input. One thing I didn't do was consolidate definitions found in other sections of the
Ordinance into the Definitions. I thought the Resolution would be too confusing and I'm of mixed mind
about what would be more user friendly.
Deborah S. Dachos, Director
Agawam Office of Planning and Community Development
36 Main Street
Agawam, MA 0 100 I
(413) 786-0400, ext. 8738
planning@agawam.ma.us
7/19/2012
•
ARTICLE VI, DEFINITIONS
AGAWAM ZONING ORDINANCE
ARTICLE I, General Provisions
§ 180-1 Purpose (leave)
§ 180-2 Definitions and word usage
•
For the purpose of this Ordinance, certain terms and words shall have the following meaning.
Words used in the present tense include the future; the plural number includes the singular; the
words "used" or "occupied" include the words "designed", "arranged", "intended", or "offered to
be used or occupied"; the words "building", "structure", "lot", "land", or "premise" shall be
construed as though followed by the words "or any portion thereof'; and the word "shall" is
always mandatory and not merely directory. (Jessica)
Terms and words not defined herein but defined in the Building Code or Subdivision Regulations
shall have the meanings given therein unless a contrary intention clearly appears. Words not
defined in either place shall have the meaning given in the most recent edition of Webster's
Unabridged Dictionary. (Jessica)
§ 180-2 Definitions
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
ABANDONMENT: The cessation of a nonconforming use or structure as indicated by the
visible or otherwise indicated intention to discontinue a nonconforming use of a structure or a lot,
or the cessation of a nonconforming use or structure by its replacement with a conforming use or
structure. (New Jessica)
ACCESSORY BUILDING: A subordinate building, located on the same lot as the main, or
principal building or principal use, the use of which is customarily incidental to the main or
principal use permitted in the district. (Jessica)
ACCESSORY USE: A use customarily incidental to that of the main or principal building or use
of the land. (Mark)
ADULT DAY CARE FACILITY: A building or structure where care, protection, and
supervision are provided, on a regular schedule, to adults over the age of 18. (New Mark)
AGRICULTURE: The production, keeping or maintenance, for sale or lease of plants and
animals useful to man, including but not limited to: forages and sod crops; grains and seed crops;
dairy animals and dairy products; poultry and poultry products; livestock including beef cattle,
swine, horses, mules, ponies, or goats or any mutations of hybrids thereof, including the breeding
and grazing of any or all such animals, bees, and apiary products, for animals, trees and forest
products; fruits of all kinds, including grapes, nuts and berries, vegetables, floral, nursery,
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ornamental and green house products, or lands devoted to a soil conservation or forestry
management program. (New Jessica)
ALTERATION: Any construction, reconstruction or other action resulting in a change in the
structural parts, height, number of stories, exits, size, use or location of a building or other
structure. (New Jessica)
AMUSEMENT PARK: A commercially operated park with a predominance of outdoor games
and activities for entertainment, including shows or riding devices, games of skill or chance, or
any combination of shows, riding devices, water slides, miniature golf, batting cages or any
combination of several enterprises, such as revolving wheels, merry-go-rounds, giant swings,
panoramas, musical and theatrical entertainments, or riding devices, whether carried on, engaged
in or conducted as one enterprise or by several concessionaries, and whether an admission fee is
charged for admission to all such shows for entertainments, or a separate fee for admission is
charged for each amusement. [Added 2-2-2001 by TOR-2001-1] (Existing)
ANIMAL CLINIC OR HOSPITAL: A place where animals or pets are given medical or
surgical treatment and the boarding of animals is limited to short term care incidental to the clinic
or hospital use. (New Mark)
APARTMENT HOUSE: A building or structure arranged, intended and designed to be
occupied by five or more families, living independently of each other, and each including its own
separate kitchen and bathroom accommodations. Garden-type apartments shall be considered as
an apartment house. (Revised Jessica)
ATTIC: The unfinished space between the ceiling of the top story of a building and its roof
which is not used for living, sleeping or eating quarters. (Revised Jessica)
BUILDING: A structure enclosed within exterior, walls or firewalls, built, erected and framed of
a combination of any materials, whether portable or fixed, having a roof, to form a structure for
the shelter of persons, animals or property. For the purpose of this definition, "roof' shall include
an awning or any similar covering, whether or not permanent in nature. The word "building"
shall be constructed, where the context requires, as though followed by words "or part or parts
thereof'. A porch or an attached garage, greenhouse or similar structure is to be considered as
part of a building when considering the requirements of setback, side or rear yards. (Mark)
BUSINESS: The transacting or carrying on of a trade or commercial enterprise with a view to
profit or for livelihood. (Existing)
CEMETERY: Land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes including columbarium, crematoriums, mausoleums, and funeral
establishments, when operated in conjunction with and within the boundary of such cemetery
under the care and supervision ofthe Town or other public authority. (Jessica and existing)
CIDLDCARE FACILITY: Facilities that serve children under seven years of age or sixteen
years if the children have special needs, or school-age children (under fourteen years of age or
sixteen years if they have special needs) in programs that are held before or after school hours or
during vacations. (Jessica)
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A child care facility defined in M.G.L. c.Z8A, s.9. (Mark)
CLUB OR LODGE, PRIVATE: Buildings, structures and premises used by a non-profit social
or civic organization or by a nonprofit organization, catering exclusively to members and their
guests for social, civic, recreation, or athletic purposes which are not conducted primarily for gain
and provided there are no vending stands, merchandising, or commercial activities except as may
be required generally for the membership and purposes of such organization. (Mark)
COMMERCIAL RECREATION, INDOORS: A structure for recreational, social or
amusement purposes, which may include as an accessory, use the consumption of food and drink,
including all connected rooms or space with a common means of egress and entrance. Places of
assembly shall include theaters, concert halls, dance halls, skating rinks, bowling alleys, health
clubs, dance studios, or other commercial recreational centers conducted for or not for profit.
(new Mark)
COMMERCIAL RECREATION, OUTDOORS: Driving range, bathing beach, sports club,
horseback riding stable, boathouse, marina or other commercial recreation carried on in whole or
in part outdoors, except those activities more specifically designated in this ordinance. (Zoning
Committee)
CONVENIENCE STORE: A retail store that sells groceries and may also sell gasoline; does
not include automotive service stations, or vehicle repair shops. (New Zoning Committee)
CREMATORY: A building containing a furnace designed and intended to be used for cremating
the dead and owned and controlled by a cemetery corporation or crematory corporation duly
organized under the laws of the state. (existing)
DETACHED: Separate from. (existing)
DWELLING: A building designed and occupied as the living quarters of one (1) or more
families. Single-and two-family dwellings shall be designed for and occupied by not more than
one (I) or two (Z) families, respectively. A multifamily dwelling shall be one designed for and
occupied by three (3) or more families. Hotels, lodging houses, hospitals, membership clubs, or
dormitories shall not be considered dwellings. (Mark and Jessica)
EARTH REMOVAL: Extraction of sand, gravel, top soil, or other earth for sale or for use at a
site removed from the place of extraction exclusive of the grading of a lot prepllIatory to the
construction of a building for which a building permit has been issued, or the grading of streets in
accordance with an approved definitive plan and exclusive of granite operations. (Mark)
EDUCATIONAL USE: Use of land or structures for education purposes on land owned or
leased by the Commonwealth or any of its agencies, subdivisions or bodies politic or by a
religious sect or denomination, or by a non-profit education corporation. Educational facilities
not exempted from regulation by M.G.L. 40A, s.3. (Jessica)
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ERECT: To build, construct, reconstruct, move upon, or conduct any physical development of
the premises required for a building; to excavate, fill, drain, and the like preparation for building
shall also be considered to erect. (N ew Mark)
ESSENTIAL SERVICES: Services provided by a public service corporation or by
governmental agencies through erection, construction, alteration, or maintenance of gas,
electrical, steam, or water transmission or distribution systems and collection, communication,
supply, or disposal systems whether underground or overhead, but not including wireless
communications facilities. Facilities necessary for the provision of essential services include
poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment in connection therewith. (new Mark)
FAMILY: A number of individuals related by blood, marriage and/or adoption or a group of
unrelated individuals not to exceed four (4) who are occupying a dwelling unit and living as a
single nonprofit housekeeping unit. This definition, however, does not apply to non-related
disable persons as defined by any applicable federal and/or state law and/or regulations. (Jessica)
FAMILY DAY CARE FACILITY: Any private residence which on a regular basis receives for
temporary custody and care during part of all of the day, children under seven (7) years of age or
children under sixteen (16) years of age if such children have special needs. Provided, however,
in either case, that the total number of children shall not exceed more than six (6), excluding
participating children living in the residence. (Mark)
FARMSTAND: A facility for the sale of produce, and wine and dairy products, provided that
during the months of June, July, August, and September of every year, or during the harvest
season of the primary crop raised on land of the owner or lessee, the majority of such products for
sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of
land containing more than five acres on which the facility is located used primarily for agriculture
in conformance with M.G.L. c.40A, s.3. (State law)
FENCE: An artificially constructed barrier of any material or combination of materials erected to
enclose or screen areas of land. (Jessica)
FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation
of normally dry land areas from:
(I) The overflow of inland or tidal waters;
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(existing)
FLOODW A Y: The channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot. (existing)
FLOODW AY FRINGE: The land in the floodplain within a community subject to a one percent
or greater chance of flooding in a given year that is located outside of the floodway. (existing)
GARAGE, PRIVATE: A building or space used as an accessory to or a part of a main building
permitted in any residential district, and providing for the storage of one or more motor vehicles
4
• •
and in which no business, occupation or service for profit is in any way conducted. (zoning
committee)
GARAGE, PUBLIC: A garage, other than a private or storage garage, which is used for the
short-term parking of vehicles. (zoning committee)
GARAGE, REPAIR: A building or portion thereof, other than a private or storage garage,
designed or used for equipping, servicing, repairing, hiring, selling, and/or storing of motor
vehicles. The term repairing shall not include an automobile body repair shop nor the rebuilding,
dismantling, or storage of wrecked or junked vehicles. (zoning committee)
GASOLINE SERVICE STATION: A gasoline service station shall include any business selling
or offering for sale any motor fuel, such as gasoline or diesel fuel, to the public, whether or not
the public permitted or expected to operate the pump to put the fuel into a motor vehicle's fuel
tank or a container, and shall include gasoline filling stations and gasoline self-service stations.
For the purposes of this ordinance gasoline service station shall also include any site used or
operated as a retail refueling site, including the fuels of gasoline, propane, electricity and
hydrogen. (Approved by Council 5(503)
HALF STORY: The space between the ceiling of the top story of a building and the roof where
the area and height are sufficient for sleeping and living quarters. (existing)
HAZARDOUS MATERIAL: Any substance which is listed in, but not limited to, the EPA
priority pollutants as described in section 307 (a) of the Clean Water Act, as amended. (Mark)
HEIGHT: The vertical distance from the average fmished grade ofthe adjacent ground to the top
of the structure of the highest roof beams of a flat roof, or the mean level of the highest gable or
slope of a hip roof. (Jessica)
HOME OCCUPATION: An occupation, business, trade, service or profession which is
incidental to and conducted in a dwelling unit or in a building or other accessory structure thereto,
by a resident thereof. (Mark)
HOSPITAL: An institution providing primary health services and medical or surgical care to
persons, primarily in-patients, suffering from illness, disease, injury, deformity and other
abnormal physical or mental conditions, and including, as an integral part of the institution related
facilities such as laboratories, outpatient facilities or training facilities, a sanitarium, and clinic.
The term "hospital" does not include a rest home, nursing home and/or convalescent home.
(Jessica)
HOUSEKEEPING UNIT: See definition of "family". (Jessica)
JUNK VEHICLES: A wrecked, damaged, destroyed, non-operational, abandoned or
disassembled trailer, house trailer, boat, tractor, automobile, aircraft, or other motor vehicle, or
any parts thereof. A junk vehicle includes apparently inoperable, immobile, disassembled or
extensively damaged vehicles. Evidence of non-operation and damaged includes, but is not
limited to, a buildup of debris that obstructs use, a broken window or windshield, a missing
5
• •
wheel, a flat tire, a nonfunctional motor or transmission, missing bumpers, or missing plates and
the like. (Zoning Committee)
KENNEL, COMMERCIAL: An establishment licensed to operate a facility housing dogs, cats,
or other household pets and where grooming, breeding, boarding, training or selling of animals is
conducted as a business. (Jessica)
KENNEL, PRIVATE: Any building or land designated or arranged for the care of dogs, cats or
other household pets belonging to the owner of the residential, principal use, kept for purposes of
show, hunting, or as pets. (Jessica)
LODGING HOUSE: A building containing more than five (5) lodging units for semi-permanent
residence (longer than one (1) week) for compensation and which meals may also be supplied as
part of the fee. This shall not include bed and breakfast home uses, congregate housing, motels,
hotels, multi-family dwellings, or nursing homes. (Jessica)
LIGHT MANUFACTURING: Fabrication, assembly, processing, finishing work or packaging.
(Mark)
LOADING SPACE, OFF-STREET: Space located on the same lot with principal building, or
contiguous to a group of buildings, for bulk pickups and deliveries, scaled to delivery vehicles
expected to be used, and accessible to such vehicles when required off-street parking spaces are
filled. It shall abut a street, alley, or other appropriate means of ingress or egress. (Mark)
LOT: A continuous parcel of land with legally defmable boundaries. (Mark)
LOT, AREA: The horizontal area of the lot exclusive of any area in a street or recorded way
open to public use. (zoning committee)
LOT, CORNER: A lot located at the intersection of two or more streets. (New Deb)
LOT, DEPTH OF: The mean distance from the street line of the lot to its opposite rear line
measured in the general direction of the side lines of the lot. (Mark)
LOT, FRONTAGE OF: A lot line coinciding with the sideline of a street which provides legal
rights of vehicular access and actual physical vehicular access to the lot. Frontage shall be
measured continuously along a street and shall be the horizontal distance between the side lot
lines measured at the point where the side lot lines intersect with the front set back line. (Jessica)
LOT LINE: A line dividing one lot from another, or from a street or any public place. (Mark)
LOT LINE, REAR: The lot line opposite the street line, except that, in the case of a comer lot,
the rear lot line shall be the line opposite the street line on which the building is numbered or
would be numbered. (existing)
MEDICAL CENTER OR CLINIC: A building designed and used for the diagnosis and
treatment of human patients that does not include overnight care facilities. (Mark)
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MOTEL: A building or buildings intended and designed for transient overnight or extended
occupancy, divided into separate units within the same building with or without a public dining
facility. (Jessica)
MOTOR VEmCLE COMMERCIAL: Any vehicle used or designed to be used for business or
commercial purposes that infringes on the residential character of residential districts and
includes, but is not necessarily limited to: a bus, cement truck, commercial tree-trimming
equipment, construction equipment, dump truck, garbage truck, panel truck, semi-tractor, semi-
trailer, stake bed truck, step van, tank truck, tar truck, fire truck, or the like, or other commercial
type vehicle licensed by the state as a commercial vehicle or truck. (zoning committee)
MOTOR VEHICLE GENERAL OR BODY REPAIR: An establishment, garage or work area
enclosed within a building where repairs are made or caused to be made to motor vehicles and
their bodies, including fenders, bumpers and similar components of motor vehicle bodies, but
does not include the storage of vehicles for the cannibalization of parts or fuel sales. (Mark)
MUNICIPAL FACILITIES: Facilities owned or operated by the Town of Agawam. (Mark)
NON-CORNFORMING BUILDING OR STRUCTURE: A building or structure, existing at
the effective date of this ordinance, or any subsequent amendment to, which does not conform to
one or more provisions of this ordinance. (Jessica)
NON-CONFORMING LOT: A lot lawfully existing at the effective date of this ordinance, or
any subsequent amendment to, which is not in accordance with all the provisions of this
ordinance. (Jessica)
NON-CONFORMING USE: A use lawfully existing at the time of adoption of this ordinance,
or any subsequent amendment thereto, which does not conform to one or more provisions of this
ordinance. (Jessica)
NURSING, REST HOME, OR CONVALESCENT HOME: An extended or intermediate care
facility licensed or approved to provide full-time convalescent or chronic care to individuals who,
by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
(Jessica)
OFF-STREET PARKING SPACE: A space of 200 square feet or more plus access and
maneuvering space, whether inside or outside a structure for exclusive use as a parking stall for
one motor vehicle, and further being surfaced with durable pavement. (Jessica)
OPEN SPACE: The space on a lot unoccupied by buildings, structures, driveways, off-street
parking or loading spaces or other impervious surfaces. (Jessica)
ORDINARY mGH-WATER MARK: The highest point on the bank of a floodway or
floodplain at which the water level has been for a sufficient period of time to leave a defmite
mark. (existing)
PRINCIPAL BUILDING: A building in which is conducted the principal use of the lot on
which it is located. (Jessica)
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PRINCIPAL USE: The main or primary purpose for which a structure or lot is designed,
arranged or intended, or for which it may be used, occupied or maintained under this ordinance.
Any other use within the main structure or the use of any other structure or land on the same lot
and incidental or supplementary to the principal use and permitted under this ordinance shall be
considered an accessory use. (Jessica)
REAR YARD: The required unoccupied space or area within the rear lot line and the part of the
principal building nearest such rear lot line. (Existing)
RESTAURANT: A building, or portion thereof, which is designed, intended and used for the
indoor sales and consumption of food prepared on the premises, except that food may be
consumed out doors in landscaped terraces, designed for dining purposes, which are adjuncts to
the main indoor restaurant facility. The term "restaurant" shall not include "fast food
establishments". (zoning committee)
RESTAURANT, FAST-FOOD: An establishment engaged primarily in the business of
preparing food and purveying it on a self-service or semi self-service basis. Customer orders
and/or service may be by means of a walk-up counter or window designed to accommodate
automobile traffic. Consumption is either on or off the premises. (zoning committee)
RESTAURANT, DRIVE-IN AND DRIVE-THROUGH: A restaurant which provides
convenient vehicular access and may provide service to customers while in their vehicles.
(existing)
SANITARIUM: A hospital used for treating chronic and usually long-term illness. (Jessica)
SEMI-DETACHED DWELLING: A single-family residential unit that is joined on one side to
another single-family residential unit having a party wall between the units. (existing)
SERVICES, PROFESSIONAL: Establishments primarily engaged in rendering services by
professional persons on a fee or contract basis, including, but not limited to the following:
accounting, auditing, and bookkeeping; medical, dental or health; planning, engineering and
architectural; education and science; attorneys and notary publics; etc. (Jessica)
SETBACK: The minimum required unoccupied space or area between the street line of which
the building is numbered or would be numbered and the part of the building nearest such street
line, such unoccupied space or area extending the entire width or distance across the lot.
(existing)
SIDE LOT LINE: The line dividing one lot from another. (existing)
SIDE YARD: The required unoccupied space and area within the lot between the side lot line
and parts of the building nearest such side lot line. In the case of a corner lot, one of the side
yards shall be the unoccupied space or area between the street line of the side street and the parts
of the building nearest to such street line. (existing)
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SINGLE-FAMILY DWELLING: A structure designed exclusively for and occupied
exclusively by one family. (zoning committee)
SITE PLAN: A plan, to scale, showing uses and structures proposed for a parcel of land as
required by the zoning regulations, including lot lines, streets, building sites, buildings, landscape
features, traffic circulation, parking, drainage, utilities, signs, topography and lighting within the
parcel. (Jessica)
SPECIAL PERMIT GRANTING AUTHORITY: The Board of Appeals of the Town of
Agawam. (zoning committee)
STORAGE CAPACITY OF A FLOODPLAIN: The volume of space above an area of
floodplain that can be occupied by flood water of a given stage at a given time, regardless of
whether the water is moving. (existing)
STORY: The horizontal portion through a building between floor and ceiling. The word "story"
shall not include the portion of the basement or cellar of a building above grade or an attic as
defined in this section. (existing)
STREET: An accepted city way, or a way established by or maintained under county, state, or
federal authority, or a way established by a subdivision plan approved in accordance with the
subdivision control law actually constructed to specifications or for which adequate security exists
to construct such a way. (Mark)
STREET RIGHT-OF-WAY: A general term denoting land, property or interest therein, usually
a strip acquired for or devoted to a planned roadway. A street right-of-way should be sufficient to
accommodate the ultimate roadway, including, but not limited to: the street pavement, shoulder,
grass strip, sidewalk, public utility facilities, street trees, and snow storage. (Jessica)
STREET LINE: The dividing line between a street and a lot and, in the case of a public way, the
street line established by the public authority laying out such way upon which the lot abuts.
(existing)
STRUCTURE: A combination of materials assembled at a fixed location to give support or
shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin fence,
sign, flagpole, recreational tramway, and mast for radio antenna or the like. The word "structure"
shall be construed, where the context allows, as though followed by the words "or part or parts
thereof". (zoning committee)
SUBSTANTIAL IMPROVEMENT IN THE FLOODPLAIN: Any repair, reconstruction or
improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the
assessed value of the structure either before the improvement is started or, 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. (existing)
TRAILER: Any so-called automobile trailer, mobile home or trailer coach, including any
portable structure, means of conveyance or vehicle so designed or constructed, altered or
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converted in any manner as to permit occupancy thereof for dwelling or sleeping purposes.
(existing)
TRUCKING TERMINAL: Terminal facilities for handling freight with or without maintenance
facilities. (Jessica)
UNREGISTERED MOTOR VEIDCLES: Any motor vehicle or trailer not registered in
accordance with Massachusetts General Laws Chapter 90, or any motor vehicle which fails to
carry or display its license plate as provided in §6 of said Chapter 90; or any motor vehicle or
trailer owned by a non-resident who has failed to comply with the registration laws of the non-
resident state or country. (Zoning Committee)
USE, SUBST ANTIALL Y DIFFERENT: A use which by reason of its normal operation would
cause readily observable differences in patronage, service, sight, noise, employment or similar
characteristics from the use to which it is being compared. (Jessica)
YARD: A space open to the sky, located between a building or structure and a lot line,
unoccupied except by fences, walls, poles, paving, and other customary yard accessories. (Mark)
YARD, FRONT: A yard extending the full width of the lot and situated between the street line
and nearest point of the building. (Mark)
YARD, REAR: The required unoccupied space or area within the rear lot line and the part of the
principal building nearest such rear lot line. (Mark)
YARD, SIDE: The required unoccupied space or area within the lot between the side lot line and
parts of the building nearest such side lot line. In the case of a comer lot one (1) of the side yards
shall be the unoccupied space or area between the street line of the side street and the parts of the
building nearest to such street line. (Mark)
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Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
MEMO
TO: Planning Board Members
FROM: Deborah S. Dachos, Director
Office of Planning & Community Development
SUBJECT: Zoning Amendment -Definitions
DATE: July 3, 2012
Attached please find a draft version of the proposed zoning amendment for definitions. Some of
the definitions will need to be discussed by the members. Your next agenda includes an item for
you to vote to be the petitioner on this proposal. I believe this is sufficient fOT July 19th and a
fmalized version will be prepared prior to your public hearing.
DSD:prk
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PROPOSED REVISIONS TO ARTICLE VI, DEFINITIONS
TOWN OF AGAWAM
ARTICLE I. General Provisions
§ 180-1 Purpose.
•
For the purpose of this Ordinance. certain terms and words shall have the fQllowin~
meaning. Words used in the present tense inc1ude the future;,,-The plural number inc1udes ___
the singular; the words "used" or "occupied" inc1ude the words "designed" "arranged".
"intended" Of "offered to be used Of occupied"· the words "buUding" "stnlctyre" "lot",
"land" Of "premises" shall be construed as though followed by the words "Of any portion
thereof: and the world "shall" is always mandatorY and not merely directory,
Terms and words not defined herein but defined in the state Building Code or Subdivision
Regulations shall have the meanings given therein unless a contrary intention clearly
appears. Words not defined in either place shall have the meaning given in the most recent
edition of Webster's Unabridged Dictionary.,, ___________________________________ --
§ 180-2 Definitions
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
ABANDONMENT: The cessation Of a nonconforming use Of structure as indicated by the
visible or otherwise indicated intention to discontinue a nonconforming use of a structure
br a lot Of the cessation of a nonconforming lise Of structure by its replacement with a
conforming use or structure.
ACCESSORY BUILDING --A subordinate building, loeated on the same lot as the wain or
Deleted: 1
A. The singular
Deleted: number shall include the plural and t
Deleted: the word ~Jot" includes ~pJot." the word
"building" includes "structure; the word
~occupied" includes "desIgned. arranged or
intended to be occupied" and the word ·used"
includes "designed, arranged or intended to be
used."
principal buildjng or principal USB the use of which is customarilY incidental to the main or __ -1 ~eted: inc1udingagarage
Q ----------------------------principal use permitted in the district. An accessory building which js necessary in
connection with the principal bUilding of scientific research. scientific development Of
related production, and when the principal use of scientific research and development is
permitted by right in a zoning district. may be permitted by special permit from the special
pennit granting authority and does Dot have to he located on the same lot as the principal
buildjng if the spedal permjt granting authority finds that the proposed accessory huUding
does not substantiaJ1y derogate from the public good
Page 1 of 10
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ADULT DAY CARE FACILITY: A building or structure where care. protection. and
supervision are provided on a regular schedule to adults over the age of 18
AGRICULTURE: The production. keeping Of maintenance. for sale Of lease of plants and
animals useful to man includin~ but not limited to: forages and sod crops' grajns and seed
CTOPS; dairy animals and dairy products poultry and poultry products' livestock including
beef cattle swine horses mules ponies or goats Of any mutations of hybrids hereof.
including the breeding and grazine ofaDY Of all such animals bees and apiary products for
animals trees and forest products' fruits of all kinds. including grapes, nuts and berries.
vegetables floral nursery ornamental and greenhouse products. or lands devoted to a soil
conservation or forestry management program.
ALTERATION --Any construction reconstruction or other action reslllting in a change in
the structural parts height. number of stories exjts. size use or location of a building Of
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~ ~~C!l!r~.:. _______________________________________ ~ __________ ~ _____ --{ Deieted:Achangeinoradditiontoa ".---,----~b
AMUSEMENT PARK --A commercially operated park with a predominance of outdoor
games and activities for entertainment, including shows or riding devices, games of skill or
chance, or any combination of shows, riding devices, water slides, miniature golf, batting
cages or any combination of several enterprises, such as revolving wheels, merry-go-
rounds, giant swings, panoramas, musical and theatrical entertainments, or riding devices,
whether carried on, engaged in or conducted as one enterprise or by several
concessionaires, and whether an admission fee is charged for admission to all such shows
for entertainments, or a separate fee for admission is charged for each amusement [Added I 2-20-2001 by TOR-2001-1]
• ANIMAL CLINIC OR HOSPITAL --A place where animals or pets are given medical or
~ surgical treatment and the boarding of animals is limited to short term care incidental to
the hospital use.
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APARTMENT HOU~iJding W structure arranged intemjed, ,,-nd design~d to be Del ..... , off .... ",."". ""'truction "d,fln,.1:i
in this section arranged J . ; occupied byJiy"~_.O!_~~t::~J~~ll!~.s.J.iYju.g indep@pdently QL~_~ch other and each including its ... Deleted: and having accommodations for own separate kitchen and bathroom accommodations Gard~I]-.tYQ~ ~p~r:.tgl_e!1!S_ shall b~ _ " ... ~==:.:::;:.;::::.;::.:.;::====;;::;-Deleted: With considered as an apartment bouse. _____ ~ __________________________________ ," ,?:"7-=::";;;;;;'--~----~-.~ Deleted: separate or joint entrances, services 0
ATTIC --The unfinished s2"-c~ _b.!'!>V~~,! ~e_ c_eil!n.K '!.f!:!J~!0J'. ~ol)' Qt:.". I:!,!i!dJl1g !'11t!!t<; !QQt:._
which is not used for living. sleeping or eating quarters.
BUILDING --A structure enclosed within exteriors, walls or firewalls, built erected and
framed of a combination of any materials. whether portable or fixed haying a roof to form
Page 2oflo
,,}:fu~d~li~~·~~,~·~~~._rtm~'n_t7ho_~_'~"'7h_"_li_n'_'"~d~'~' __ ~
Deleted: and all similar residences.
-Deleted: ATTACHED -Connected to or united
With. '"
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a structure for the shelter of persons. animals or property _ for thfl pUJpg~e of _tl1is ___ -
definition, "roof' shall include an awning or any similar CQvering whether or not
permanent in nature. The word "building" shall be construed, where the context requires,
as though followed by the words "or part or parts thereof:; __________________________ -
.1lU§~t'!E.~S_.:: Establishments prima rill' enll.92ed in r_enderin~ services to business_
establishments on a fee or contract basis induding but not limited to the foJlowing:
advertising and mailing' building maintenance' emplQyD1ent service' management and
consulting services' protective services' equipment rental and leasing-commercial
research etc" __________________________________________________________ -
CELI oAR: A portion of a building. partly Of entirely below grade. which has more than one-
half (1/21 of its height measured from finished floor to finished ceiling below the average
established finished grade of the ground adjoining the building. A cellar is not deemed a
~
CEMETERY --Land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes induding co]umbariuIDs crematoriums mausQleums. and funeral
establishments when operated in conjunction with and within the boundary of such
cemetery,. __ , __________________________________________________________ -
CHILD CARE FACILITY --Facilities that serve children under seven years of age or sixteen
years if the children have special needs or school-age children (under fourteen years ofa~
or sixteen years if they have special needs) in programs that are held before Of after school
hours or during vacations.
CLUB OR LODGE PRIVATE: Buildings, structures and premises used by a non-profit social
or civic organization or by a nonprofit organization catering exclusively to members and
their guests for social. civic recreational. or athletic purposes which are not conducted
primarily for gain and prOvided there are DO vending stands merchandising or commercial
activities except as may be required generally for the membership and purposes of such
organization
.c.!lJ'.M~ ~Q~Y _ :-J} J~ujLdlllg .c211t;l!njl!g a_l'u_rIl~"e_ 9~signe_d_ ~rl(:1 jll~e!l9~9 _tQ _~e_ \J~e_d_ [OS-_ --
cremating the dead and owned and controlled by a cemetery corporation or crematory
corporation duly organized under the laws of the state.
DETACHED --Separate from.
Page 3 of to
Deleted: A combination of any materials,
whether portable or fixed, having a roof to form a
structure for the shelter of persons, animals or
property
Deleted: A porch or an attached garage,
greenhouse or similar SD"Ucture is to be
considered as part of a building when considering
the requirements of setbacks and side or rear
",nIs.
Deleted: BUOYANT MATERIAL --A material
which displaces an amount of water equal to its
weight: capableoffloating. V
Deleted: The transacting or carrying on ofa
trade or commercial enterprise with a view to
profit or for livelihood
Deleb!d: ApJace or area of land set apart (or the
burial of the dead, operated, managed and
controlled under the proviSions ofMGL"
Tercentenary Edition, c. 114, or a burial place
under the care and sllpervision of the Town or
other publlc authority
Deleted: CORNER WT --A lot bounded on two
sides by intersecdngstreets. 11
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DWELLING --A building designed and occupied as the living quarters of one (1) or more
families. Single-and two-family dwellings shall be designed for an occupied by pot more
than one (1) or two (2) families respectively. A multifamily dwellipg shall be one desjgned
for and occupied by three (3) or more families. Hotels lodging houses. hospitals,
membership dubs Of dormitories shall not be consjdered dwellings. ________________ ~ ~ ~
EDUCATIONAL USE: Use of land or structures for educational purposes on land owned or
leased by the commonwealth Of any of its agencies, subdiyisjons Of bodies politic Of by a
religious sect or denomination or by a non-profit educational corporation. EdUcational
facilities not exempted from regulation by G.L. c. 4DA s. 3.
FAMILY --A number of individuals related by blood. marriage and/or adoption or a group
of unrelated individuals not to exceed four (4) who are occupying a dwelling unit and living
as a single nonprofit housekeeping ynit. This definition. however does not apply to nop-
related djsabled ;persons as defined by any applicable federal and/or state law and/or
regulations.
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Deleted: A building used exdusiyely as a lIZ ~'~"=id='="'='~fu='~O"~,~o='=m=O'='=fu=m=ili=~=. ______ -c~
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I: • 'l. __________________________________________________________________ --Deletecl:Apersonoragroupofpersonsof
immediate kindred who Uye together as a single FARM STAND: A facility for the sale of produce. and wine and dairy products. proVided that housekeeping unit under one head. "I
during the months of lune. luly. August. and September of every year. or during the harvest
season of the primary crop. the majority of such products for sale based on either gross
sales dollars Of volume. have been produced by the owner of the land containing more than
five acres in area on which the facility is located llsed primarily for allriculture Facility for
the sale of produce. wine and dairy products on propertY not exempted by G.L. c. 4QA. s. 3.
• • •
FENCE: An artificially cQnstrJH;!Ed barrier of any material Of comblnation of materials _.1
erected to enclose Of screen areas ofland, ____________________________________ --Deleted: F1RE·RES(ST1NGCONSTRUCTION ··A
building having exterior walls of solid masonry "II
incombustible material and a roof covering of •
JiA~G.~ _-: h'!JY _b.!lll~inlt ~!:t~t:ell! is_ ~~J _OI _S!Q~eft_ ~I!e_ Qr_ ~.9!"~ !J!OJQ~ Y~1!i~~~,J!l~I!l!l.inK-_ _ fire-resisting materials. 1
I I h h -Deleted~ FLOOD or Fl.OODlNG •• A -general an • amung others a pub ic or private garage, motor vehic e repair s op or paint sop, service temporaryconditionofpartialorromplete.
station, lubritorium or any building used for similar purposes. inundation of nonnally dry Jand areas from: 1 ,~ (1) The overflow of in land or tidal waters. "J
(2) The unusual and rapid accumulation or
GASOLINE SERVlCE STAT10N -~ A gasoline service statiOD shaH include any business selling
or Qffering for sale any motor fuel such as gasoline or diesel fnel. to the public whether or
not the pyblic is permjtterl or expected to operate the pnmp to put the f11el into a motor
vehicle's fuel tank Of a container and shall include gasoline fiUng stations and gasoline self-
service stations. For the purposes of this ordinance gasoline service station shall also
include any site used or operated as a retail refueling site induding the fuels of gasoline
propane. electriCity and hydrogen. fAllProved by Counci1S/S/03)
Page 4 otl0
runoff of surface waters from any source. 1
FLOODWAY _,.he<.:hannelmar[veroromer J
watercourse and the adjacent laild areas that
must be reserved in order to discharge the base
flood withoutcumulatiyely increasing the wateta
surface elevation more than one foot. ,. ~
FLOODWAY FRINGE -The land in the floodplaIn
within a l;ommunity subjectto a one·pen:ent or
greater chance of flooding in a given year that i&1
located outside of the floodway. 1
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JetALJ'_ ~1Q~Y _ -: }_h~ _sp!,~e. t>~t\\'ee!1_ t_h~ _c_e!linK of)l>~ _tQ[l s!ory_o!_a_llllild}l1g !,I1<1_tlte. ,gqf _ --
where the area and height are sufficient for sleeping and living quarters.
HEIGHT n The ve11ica] distance from the average finished grade of the adjacent ground tc
the top Of the structure of the highest roof beams of a flat roof Of the mean leyel of the
highest gable Of slope of a hip roof'L __________________________________________ -
HOME OCCUPATION -An occupation business. trade service or profession which is
incidental to and conducted in a dwelling unit or in a building Of other accessory structure
thereto, hy a resident thereof.
HOSPITAL --An institution providing primary health services and medical or surgical care
to persons. primarily in-patients. suffering from illness disease. injUly. deformity and other
abnormal physjcal or menta] conditions. and including. as an jntegral part of the institution.
related facilitjes such as laboratories Dlltpapent facilities or trainjng facilities a sanitarium.
a sanitarjum and clinic. The term "hospital" does not include a rest home nursjng home
and/or conyalescent home, _______________________________________________ -
HOUSEKEEPING UNIT -See definition of "family".
JUNK VEHICLES --Any wrecked. damaged destroyed. non-operational abandoned or
disassembled trailer house trailer boat tractor. automobile. aircraft or other motor
vehicle. or any parts thereof, A junk vehicle includes apparently inoperable. immobile.
disassembled or extensively damaged vehicles. Evidence of non-operational and damaged
includes. but is not limited to. a buildup of debris that obstructs use. a broken window or
windshield a missing wheel a flat tire. a nonfunctional motor or transmission missing
bumpers or missing license plates and the like:
Deleted: GLAZED ENCLOSURE -The enclosure
of a porth for protettion from the weather by a
framework built ill conformity with the rest of the
house in which not less than 1/2 of the wall area
is glass. ,.
Deleted: In reference to a building. the vertical
distance between the highest point of the roof
and the average grade of land immediately
surrounding the building
Deleted: An Institution where skk and disabled
persons are given medical, surgical or
convalescent care
KENNEL. COMMERCIAL --An establishment licensed to operate a facility housing dogs.
cats or other household pets and where grooming breeding boarding. training Of selling
ofanimals is conducted as a business.
Deleted: HOTEL and MOTEL - A building
I operated by a duly licensed innholder where
I lodging is furnished or food Is served to transient
I or permanent guests which has a public dining
KENNEL PRIVATE --Any buHding or land designed or arranged for the care of dogs cats
or other household pets be,looging to the owner of the residenpal. principal use kept for
purposes ofshow. hunting or as pets.
permanent residence (longer than one (1) week) for compensation and which meals may
also be suuplied as part of the fee. This shall Dot include bed and breakfast home uses
congregate housing motels hotels. multi-family dwellings or nursing homes ~ __________ /
Page 5 of 10
,
I room and a generalldtchen. ,. ,
JUNK .s Articles such as old iron, brass, copper,
tin, lead or other base metals, cordage, old bags
and rags, wastepaper, paper clippings, scraps,
clips, rubber, glass, empty bottles, empty cans and
all other articles discarded and no longer used as
a manufactured article composed of anyone or
more of the materials mentioned but which may
be converted into some other prod\Jctby means
of some manufacturing process. V
Deleted: A residence where lodgings are let to
five or more persons notwltbin the second
degree ofldndred to the person conducting the
house and which does not contain a public dining
room or cooking facliities in any rented sleeping
roo~
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LOT --An area of land in one ownership, with definite boundaries, used or available for use
as the site of a principal building and its accessory buildings.
LOT, CORNER --A lot bounded with two (2) adjacent sides ab"ttiPIl upon streets or other
public spaces.
LOT. DEPTH OF·-The mean distance from the street line of the lot to its opposjte rear Jine
measured in the general direction of the side lines of the lot.
LOT, FRONTAGE OF --A lot line coinciding with the sideline of a street which provides
both legal rights of vehicular access and actual physical yehicular access to the lot
Frontage shall be measured continuously along a street or streets and shall be the
horizontal distance between the side lot lines measured at the point where the si.de lot Hnes
intersect with the front set back line.
LOT LINE -. A ljpg dividing ODe lot from another Of from a street Of any public place.
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LOT LINE, REAR.:-)J,-e)o! lin~ 9Pp~s)te_ tJl~ 5!re.e! lil1~,e-"~~l'tJ!,a~ it! the_ ~as~ 51f a _c9,",e_r ____ -/rDel-.-.... -c-, -W-T-L-'N-'----------C
lot, the rear lot line shall be the line opposite the street line on which the building is
numbered or would be numbered m:
MEDiCAL CENTER OR CLINIC --A building designed and used for the diagnOSis and
treatment of human patients that does not include overnight care facilities.
MOTEl,; A building Of buildings intended and designed for transient overnight or extended
occupancy. diVided jnto separate units within the same building with Of wjthout a public
< • dining facility.
MOTOR VEHICLE COMMERCIAL --Any vehicle used or designed to be used for business or
commercial purposes that infringes on the residential character of residential districts and
includes but is not necessarily limited to: a bus. cement truck commercial tree-trimming
eQuipment construction equipment. dump truck. garbage truck panel truck. semi-tractor.
semi-trailer. stake bed truck step van. tank truck. tar truck fire truck Of the like or other
COmmercial type vehicle licensed by the state as a commercia) yehicle Of truck.
MUNICIPAL FACILITIES --Facilities owned or Qverated by the Town of Agawam·
Page 6 of 10
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NONCONFORMING BUILDING OR STRUCTURE --A building or structure. existing at the
effective date of this ordinance Of any subseQuent amendment to which does not conform
to one or more provisions of this ordinance.
NONCONFORMING LOT --A lot lawfully existing at the effective date of this ordinance or
any subsequent amendment to which is not in accordance with all the provisions of this
ordjnance.
NONCONFORMING lJSE --A use lawfully existing at the time ofadoption of this ordinance
Of any subsequent amendment thereto, which does not conform to one or more prOvisions
of this ordinance.
NURSING. REST HOME. OR CONVALESCENT HOME --An extended or intermediate care
facility licensed Of approved to proyjde full-time convalescent Of chronic cafe to
individuals who by reason of advanced age. chronic illness or jnfirmity are unable to care
for themselves.
OFF-STREET PARKING SPACE --A space of ,69Q.s.QtJ?r,,-[ee.L<cr. rn.or~ jlIus ac,,-ess an>! _ / iL""""""Oeted=':..-l_"" ________ --'
maneuvering space whether inside Of outside a structure for exclusive use as a parking
stall for one motor vehicle, and fiuther being surfaced with durable pavement... _________ ... _ ...
OPEN SPACE· The space on a lot unoccupied by buildings stDlctures driveways off-street
parking or loading spaces or other impervious surfaces.
'p.!'1r1~IPAL.r~!1!LPJtI!i. ~-A building,in which is conducted the p!,incipal u~e of the lot on
which it is located,
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JlollA~ YbJl.P. :-JJce.~e.<lU!re<i _u_np,cuJll~<! ~~"-c!, .or i'I~a :"'l~hll! !he.,:e.ar l<ctJ!n.e. ,,-nA th!' Jl.art of~e principal building nearest such rear lot line. ""
RESEARCH OFFICE OR ESTABLISHMENT --A facility primarily for scientific or product
research investigation testing or experimentation along with incidental offices incidental
storace incidental mannfacblre and sale of prod1!cts and incjdental employee-ooly
facilities.
RESTAURANT --A bUilding. or portion thereof. which is designed. intended and used for
the indoor sales and consumption offood prepared on the premises.
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Deleted: within a structure or in the open for
the parking of a motor vehicle on any land owned.
rented or leased for suen purposes,
Deleted: ORDINARY HIGH-WATER MARK -The
highest point on the bank ofa floodway or
floodplain at which the water level has been for a
sufficient peMod of time to leave a definite mark ,
Deleted: The maIn or most important building
on a lot. Attached structures such as garages,
greenhouses and similar units are to be
consIdered as part of the 'principal building. ~
Deleted: PROFESSIONAL ENGINEER .-A person
employed in a practice of engineering as defined
in MGL, Tercentenary Edition, C. 112, § 8iD, 1
REAR LOT UNE -The lot line opposite the street
line, except that, in the case of a corner lot, the
rear lot line shalt be the line opposite the street
line on which the buildil\gts numbered 01' would
be numbered. 1
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RESTAURANT, DRIVE-IN AND DRIVE-THROUGH --A restaurant which provides convenient
vehicular access and may provide service to customers while in their vehicles. [Added 3-
21-1994 by TOR-94-il
REST HOME, NURSING HOME or CONVALESCENT HOME
recuperation or treatment of invalid or convalescent persons.
--An establishment for the
RETAIL SHOPPING CENTER --A group of commercial establishments planned, constructed,
and managed as a unified entity under common ownership and management with
customer and employee parking provided on-site, provision for goods delivery separated
from customer access, and aesthetic considerations. Commercial establishments allowed in
retail shopping centers shall not include, as a principal or accessory use, motor vehicle
services, such as new or used motor vehicle sales, "freestanding tire, brake and muffler
shops, automobile repair shops, gasoline stations or any accessory uses or accessory
buildings. Retail shopping centers as defined herein which comprise five acres or more
shall be granted only by special permit The special permit granting authority shall be the
Agawam City Council. [Added 2-6-2006 by TOR-200S-i2l
SANITARIUM --A hospital used for treating chronic and usually long-term illness.
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,s1l!,!]])jlT ~~!:Ill]) _DW~!-!A~<i:: ~ .si'!!\!'!.-faJllUy ~'!.si(le_np_al !l!l~t J:11"t.i§ l,<i!l~<! "n !1!1!' .sid.e.1!>.
another Single-family residential unit having a party wall between the units.
SERVICES PROFESSIONAL --Establishments primarily engaged in rendering services by
professional persons on a fee or contract basis, including. but not limited to the following:
accounting. auditing and bookkeeping; medical. dental or health' planning engineering
and 'architectural: education and science: attorneys and notary publics' etc.
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Deleted: An institution for the recuperation or
treatment of persons suffering from physical or
mental disorders
Deleted: SCHOOL --A building devoted to
instruction or education in primary, elementary
or high school grades on a nonprofit basis. 1
SECONDHAND MATERIAL --Material articles or
machinery which have been used or owned by
some person other than the dealer offering the
same for sale and which may again be used
without alteration. ,-
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~ __________________________________________________________________ ---Deleted: SERVICE --The performance of any act
for the benefit of another with a view to profit 0 SETBACK --The minimum required unoccupied space or area between the street line of fora livelihood. 1 ~~~~----------~ which the building is numbered or would be numbered and the part of the building nearest Il
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SUCIT street line, such unoccupied space or area extending the entire width or distance
across the lot.
SIDE LOT LINE --The line dividing one lot from another.
SIDE YARD --The required unoccupied space or area within the lot between the side lot
line and parts of the building nearest such side lot line. In the case ofa corner lot, one ofthe
side yards shall be the unoccupied space or area between the street line of the side street
and the parts of the building nearest to such street line.
Page 8 of 10
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SINGLE-FAMILY DWELLING --A structure designed exclusively for and occupied
exclusively by one family.
SITE PLAN ~-A plan. to scale showing uses and structures proposed for a parcel ofland as
reqllired by the zoning regulations induding lot lines. streets buildjng sites buildin~s,
landscape features traffic circulation, parkin~. drainage, utilities. signs. topography and
lighting wjthin the parcel
SPECIAL PERMIT GRANTING AUTHORITY --The Board ofApD.als of the Town of Agawam.
~J9.RY. c-. I~" j191i~Q"-tal P9~o.n. th!9lJgi! ~ .b.!'ild!n~ ~,,~.e .. !, .fl.o.!'! .a!'£l. c.e!l!n,& Jj1~ ~,,-rd. _ --
"story" shall not include the portion of the basement or cellar of a building above grade or
Deleted: STORAGE CAPACITY OF A
FLOODPLAIN --The volume of space above an
area of floodplain that can be occupied by
floodwater of a given stage at a given time,
regardless of whether the water js moving. 1 an attic as defined in this section.
STREET --An accepted city way, or a way established by Of maintained ynder county
state, Of federal authority"}! Of a ~ established ygder sllqdiyision plan aQl1rct..yed in ___ ... Deleted: whether public Dr private, set aside for
the passage of persons. animals orvehides and
including sO'eets. avenues, boulevards, parkways,
roads, alleys. lanes and viaducts.
accordance with the subdivision control law actually constructed to specifications or for
which adequate security exists to construct such way.
STREET RIGHT-OF-WAY --A general term denoting land. property or interest therein
usually a strip acquired for or devoted to a planned roadway. A street right-of-way should
be sllfficientto accommodate the ultimate roadway. induding. but not limited to· the street
pavement shoulder. grass strip. sidewalk. public utility facilities street trees. and snow
storage.
~-----------------~-------------------------------------------------STRUCTURE --A combination of materials assembled at a fixed location to give support or
shelter, such as a building, framework or retaining wall. tent. reviewing stand. platform.
bin fence sign. flagpole. recreational tramway. mast for radio antenna or the like. The
word "structure" shall be construed, where the context allows, as though followed by the
words "or part or parts thereof."
Deleted: STREET LINE -The diViding line
between a street and a lot and. in the case ora
public way. the street line established by the
public authority laying out such way upon which
the lotabut5. 11'
Deleted: SUBDIVISION --The division of a Jot,
/' tractor parcel of land into two or more [ots, sites
, or divisions of land in such a manner as to require
I provision for a street for the purpose. whether -
;r!.lblIe~R _-: b.!lY .s.!':9'!I.!'~ .a.!""-1!l9I:!i[" !r"D~r, .!'!,,-I~Ile. I!"-I!l~ 2! J:I:aj~!: -,o~,,-h21I!cllJ(jI!,g-"!,y J
portable structure, means of conveyance or vehicle so designed or constructed, altered or
converted in any manner as to permit occupancy thereof for dwelling or sleeping purposes.
TRUCK TERMINAL --Terminal facilities for handling freight with or without maintenance
facilities.
UNREGISTERED MOTOR VEHICLES _. Any motor vehicle or trailer not registered in
accordance with Massachusetts General lews Chapter 90 or any marDr yehicle whjch fails
Page 9 of 10
immediate or future, of sale or building
development The word ·subdivision" shall
indude -resubdivision" in relating to the
processes of SUbdividing Dr to land already
subdMded, when appropriate to the context 1
SUBSTANTIAL IMPROVEMENT IN THE
FLOODPLAIN -Any repair, reconstruction or
improvement ofa structure. the cost ofwhkh
equals or exceeds 50% of the assessed value of
the structure either b!;fore the improvement is
started or, If the structure has been damaged and
Is being restored, before the damage occurred..
Substantial Improvement is started when the first
alteration c{any structural partofthe building
commences. [Amended 5-20-2002 by TOR-2002-
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to carry or display its license plate as provided in § 6 of said Chapter 90; or any motor
yehicle or trailer owned by a non-resident who has failed to comply with the registration
laws of the DOD-resident state Of country.
lISE ACCESSORY n A use incidental and subordinate to the prjncipal use of a structure O[
lot, or a use. not the principal structure. When the principal use is permitted by right in a
zoning district. an accessory use for scientific research development or related production
may be permitted by special permit from the special permit granting authority and the use
does not have to be located on the same lot as the principal permitted use if the special
permit granting authority finds that the proposed accessory use does not derogate from the
public good.
liSE. NONCONFORMING n A use lawfully existing at the time of adoption of this ordinance
or any subsequent amendment thereto which does not conform to one Of more prOvisions
oftbis ordinance.
USE PRINCIPAL: The main or primary purpose for which a structure Of lot is designed
arranged or intended Of for which it may be used occupied Of maintained under this
ordinance. Any other use within the main structure or the use of any other structure or
land on the same lot and incidental Of supplementary to the prinCipal use and permitted
under this ordinance shaH be considered an acceSSQry use.
USE. SUBSTANTIALLY DIFFERENT: A use which by reason of its normal operation would
cause readilY observable differences in patrgnage. service. si~t. noise employment O[
similar characteristics from the use to which it is being compared.
.¥1\RP: A portion of a lot upon .whj~h the llrincipal 1?uildin,g)s situated. unobstructed
artificially from the ground to the sky. except as otherwise provided herein. A court shall
not be considered to be a yard Of any part thereof.
Y MD. FRONT: A yard extending for the full "idth of the lot between the front line of the
nearest building wall and the front lot line.
YARD. REAR: A yard except by a necessary structure Of accessory use as herein permitted.
extending for the full wjdth of the lot between the rear line of the building wall and the rear
l21..!i!lli.
YARD. SIDE: Yard extending for the full length of a building between the nearest building
wall and the side Jot line
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Deleted: VEHICLE -Anything In or on which.ll "
\ person or thing is or may be tarried, or any . ..
\ \ moving support or c:ontainer for the conveyance_
, .~Of..::b::;uJ:;;ky..::O::bj;;;""'=-. ---------'1' U:!'
Deleted: JEN
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