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8712_ZONE CHANGE - 26 NORTH WESTFIELD STREET.pdf~l\a - Zo(\L thAC't~ - ala ~CAt-Y) wQSt{i~\d StrUt " LEGEND EXISTING ZONE LINE PROPOSED ZONE LINE REVISION: DATE: SCALE: 1" = 40' DATE: 4/24/2013 JOB NO,: 120929 1 ;., -o:i N - 8 00 ci OJ '" OJ LAND N/F CARMEN A. BonA AND EMIDDIO BonA RESIDENCE A -.2 5 74' 32' 46" W 22.37' - EXISTING HOUSE#38 5 6a-14' 19"W 76.52 182,52' -5 B1'16'53" W LAND N/F WILMONT R. TREVALLION I~ I~ ~ I~ S 85'15'35" E 421.69' LAND N/F BRAGARAUS, LLC. - MAP El0 PARCEL 12 AREA = 25,327 SQ. FT, 5 86'36'34" W 427.67' MAP El0 PARCEL 13 AREA = 28,686 SQ. FT. BUSINESS A AGRICULTURAL -5 66'38'34" W 431.61' N 2" 00' 05" E 169.28' 9.01' '\ ::.. ~!'I \!l~ ~~ EXISTING ZONE LINE tl ~ MAP El0 PARCEL 14 ),. ~ AREA = 56,695 SQ. FT. AGRICULTURAL 13B.17' AREA TO BE CHANGED TO "BUSINESS An ZONE 106.94' 5 6032'20' W S Ba-17'J5::.!!-147.1B' BUSINESS A LAND N/F PRIDE CONVENIENCE INC. LAND N/F SPROCKET REALTY LLC £\02 ~O )11V'l 03AI3031:1 . -~ OJ N b o " '" b N ci '" N LAND N/F COYOTE REALTY, LLC, PROPERTY SHOWN IS OWNED BY NWST, LLC SEE H.C.R.D. BOOK 18622 PAGE 69 ALSO PAGE 72 R LEVESQUE ASSOCIATES, INC PLAN FOR PROPOSED .ZONE CHANGE A Land Planning Services Company 40 School Street' P,O. Box 640 ' Westfield, MA 01086 ph: 413,568,0985 fax: 413.568,0986 rlaland,com 26,28, and 32 North Westfield Street (Mal!> EI0 Parcel 12,13 AND 14) FOR NWSTLLC • • ZC-2013-2 WHEREAS, NWST, LLC is the owner of a parcel ofland situated at 26 North Westfield Street, Agawam, Hampden County, Massachusetts; and WHEREAS, NWST, LLC desires to change the zoning from its current classification which falls within two zoning districts, Business A and Agricultural; and WHEREAS, the eastern (rear) portion of the property is zoned Agricultural and the western (front) portion is zoned Business A; and WHEREAS, the petitioner seeks to change the zoning classification to allow the entire parcel to be zoned Business A. WHEREAS, it is in the best interest of the Town of Agawam to change the zoning of26 North Westfield Street to Business A in its entirety. NOW THEREFORE, the AGA W AM CITY COUNCIL hereby resolves to change the zoning on the following parcel of land from Business A District and Agricultural District to Business A District: Current owner: NWST,LLC Property Address: 26 North Westfield Street Assessor's Parcel ID: E10,2,14 which parcel ofland is further described on exhibit "A" which is attached hereto and incorporated herein by reference. v.t+v Dated this __ IJ::....-__ day of_-,~=->:kl"",I ..... · Lt7t"---, 2013. PER ORDER OF THE AGW AM CITY COUNCIL o FORM AND LEGALITY .::. • • MAYORAL ACTION Received this __ r-'-_h ____ day of J LJ:j , 2013 from Council Clerk. '21h d,yof ~2013 Signed by Council President this APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Aga~arter, as de ,I ereby approve the passage ofthe above legislation on this ~ day of . ,2013. Richard A. Cohen, Mayor DISAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 ofthe Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day of ________ ----', 2013 for the following reason(s): Richard A. Cohen, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK Returned to Council Clerk this g11\ day of _('-ov/--"h:.-=,c-,--0j=-+-_, 2 0 13. • • Bk 18622 Pg70 #631 PARCEL 2 -32 North Westfield Street, Feeding Hills, MA Certain real estate in that part of Agawam, known as Feeding Hills, in the County of Hampden and Commonwealth of Massachusetts, on the Easterly side of North Westfield Street, or Westfield Street, bounded and described as follows: Beginning at an iron pipe at the Northwest comer thereof of the Easterly line of North Westfield Street, and running thence EASTERLY SOUTHERLY WESTERLY NORTHERLY by land now or formerly of one Stebbins, about Four Hundred Twenty- Seven (427) feet to an iron pipe at land now or fonnerly of the heirs of Mary A. O'Connor; thence by said O'Connor land, Sixty-Seven (67) feet to an iron pipe; thence by land now or fonnerly of Catherine H. O'Connor, about Four Hundred Twenty-Seven (427) feet to an iron pipe at said North Westfield Street; thence along said North Westfield Street, Sixty-Seven (67) feet to the point of beginning. Containing about Twenty-eight thousand (28,000) square feet of land. Subject to rights of American Telephone and Telegraph Company of Massachusetts under instrument dated December 4, 1905 and recorded in the Registry of Deeds for said Cou~ty of Hampden in Book 691, Page 340, if applicable. Reserving to the grantor and its successors, grantees and assigns the right to drain surface va1er from its remaining real estate located at 1350 Springfield Street, Feeding Hills, Massach1lSetts described as Parcel I in the deed in Book 17352, Page 491, into the wetlands area located to the rear of the grantors remaining real estate and being a portion of the real estate conveyed hlreln. Provided, however, that such drainage does not result in any expansion of the existing wctlalJ.ds areas as delineated in the order of conditions recorded in Book J 8422. Page ~~Q • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 June 7, 2013 Christopher C. Johnson, President Dennis J. Perry, Vice President George Bitzas, Councilor Cecilia P. Calabrese, Councilor Paul C. Cavallo, Councilor James P. Cichetti, Councilor , Gina M. Letellier, Councilor Robert A. Magovem, Councilor Joseph Mineo, Councilor Donald M. Rheault, Councilor Robert Rossi, Councilor Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: Tel. 413-786-0400 Fax 413.-786-9927 RE: Zone Change Requests (3) -26,32 and 38 North Westfield st. -NWST LLC = f At its duly called meeting held onlune 6, 2013, the Agawam Planning Board voted 4-0 to send a positive recommendation on the zone change request by NWST, LLC for 26 North Westfield Street. The Planning Board voted 4-0 to send a positive recommendation on the zone change request by NWST, LLC for 32 North Westfield Street. The Planning Board also voted 4-,0 to send a positive recommendation on the zone change request by NWST, LLC for 38 North Westfield Street. Attached is the report prepared by Deborah Dachos on this zone change request as well as a memo from the Safety Officer. The Planning Board is of the opinion that granting these three zone changes would eliminate a • • "spot zone" in this area; allows for a potential connection from the rear of these parcels to the Fitness First driveway which would provide for safer flow for both vehicles and pedestrians; and will help to address the Planning Department's concerns with designing a commercial development in this potential National Register Historic District. If you have any questions, please contact this office at 786-0400, extension 8738. Travis P. Ward, Chairman AGAWAM PLANNING BOARD cc: Clerk, Solicitor, Board of Appeals, File • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: AGAWAM PLANNING BOARD FROM: DEBORAH S. DACHOS, DIRECTOR OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT SUBJECT: . Zone Changes -NWST LLC -North Westfield Street DATE: May 14, 2013 On April 23, 2013, the Town received three (3) zone change requests from NWST LLC for 26, 32, . and 38 North Westfield Street. The applicant is requesting a zone change for a portion of26 and 32 North Westfield Street from Agriculture to Business A At 38 North Westfield Street, the applicant is requesting a change from Residence A -2 and Agriculture to Business A .. The three parcels consist of approximately 2.34 acres. The Planning Office has conducted a review of this proposal and submits this report for your information. Zoning· As stated above, the property for which the zone change is being requested is currently zoned Residence A-2 and Agriculture. Property to the north, south, east, and west is zoned Business A. Please see the attached zoning map. Under the present Agricultural District the following uses are allowed: (Please refer to 180-37 of the Zoning Ordinance which is attached for a full description.) Any use permitted in a Residence A-lor A-2 District. B. Farms, dairies, nurseries, truck gardens, greenhouses and natural ice-harvesting activities and buildings or structures accessory thereto. C. Buildings or shelters for the sale offanri products, provided that a major portion of the products • • offered for sale at all times are raised on the premises and no advertising of products other than those raised on the premises shall be displayed. D. The processing of forests and wood lots by portable woodworking mills and machinery for processing wood cut on the premises, if approved by the Board of Appeals. E. Airports and landing strips and buildings or structures necessary thereto, if located west of Suffield Street. F. Off-street parking for 24 hours or less for motor vehicles when the use is an accessory to an existing conforming amusement park containing at least three acres ofland adjacent to agriculturally zoned land and by special permit.[Added 2-20-2001 by TOR-2001-1] Under the current Residence A-2 District the following uses are allowed: (( Please refer to 180-23 of the Zoning Ordinance which is attached for a full description.) A. Any use permitted in a Residence A-I District B. A single family residence with a second house keeping unit (Board of Appeals) C. Office or studio of a dentist, artist, architect, professional engineer or teacher D. Renting of room to not more than four (4) boarders E. Schools and community centers F. Colleges, public libraries, museums, churches, parish houses, and Sunday school buildings G. Private kindergartens and day nurseries H. Bus passenger stations and shelters I. Telephone exchange buildings Under the proposed Business A the following uses are allowed: ( Please refer to 180-44 of the Zoning Ordinance which is attached.) A.Any use permitted in a residence district or an Agricultural District. B. The major use of a building or structure in this district shall be to store and display goods for sale at retail on the premises or to furnish a service intended for residents of the immediate vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered as complying with such requirements. C. No building, structure or land shall be used in whole or in part for any fabricating, manufacturing, converting, altering, finishing or assembling. D. One-story public garages for storage or repair of not more than 50 cars. E. A gasoline filling station, which shall include self-service gasoline filling or service stations, provided that not more than 30,000 gallons of gasoline shall be stored on the premises. ' F. Cabins, iflicensed under MGL c. 140, § 32A to 32E, inclusive. • • G. Drive-in restaurants and drive-through restaurants, after a special pennit by the Board of Appeals in conformance with § 180-11. At no time shall fewer than 50 parking spaces be provided on site.[Added 3-21-1994 by TOR-94-1; amended 3-8-2000 by TOR-2000-I] H. Drive-through service windows utilized by any business shall require a special pennit from the Board of Appeals in conformance with § 180-1l.[Added 9-20-1997 by TOR-97-8] J. No more than four automatic amusement devices duly licensed in accordance with § 75-1 of the Code of the Town of Agawam. [Added 9-7-2004 by TOR-2004-5] Land Use The area of land for which the zone change is being sought is land locked. It is the rear of three adjacent lots which were originally occupied by single family dwellings. Two of the residences are still standing. To the east and south of the site are commercial developments (Stop & Shop, Wendy's and Pride). Two of the lots have adequate area and are zoned properly for commercial development. Enyjropmental Considerations According to information provided on Agawam's G.I.S.(Geographic Information System), there is a wetland and stream located at the rear of all three lots. Any work on these lots will require a filing with the Agawam Conservation Commission. Other Considerations Feeding Hills Center was recommended for National Register Historic District Designation in 1984 when the Town was conducting its first historical inventory. In the report prepared by historian Greg Farmer it states: "Commercial development has had a more negative impact on Feeding Hills than in any other historic area of Agawam .... ". Sensitivity to the historic structures on the west side of North Westfield Street and those further north on North Westfield Street is recommended. SummarY The small isolated piece of Agriculturally zoned land is incongruous with the adjacent properties. It is in essence a "spot zone". Rezoning this land to Business A would be in keeping with the surrounding parcels. Sensitively designed commercial development would not detract from the neighborhood. Examples of sensitive design would include: placing the building close to the street line with parking in the rear, maintaining safe pedestrian access and building design that blends with the neighborhood. • • PARCEL MAP 26 12632 SF 24 -n 1St.11 36 15035 SF . " 20 20473 SF 201 - f"=l0 " .. Ii • t; -~ 9 ~ ;: • " • t ~ g z : /I • ~ ~ • • ~ • • 6 11273 SF 125.ll!1 7 • 11273 SF • "'''' ! !J ~ !25 10 I • 11 11213 SF I '.y , ...... 15 ~ 135D"SF "1._ ---- 12 16988 SF 13 2.68' SF GU 14 1.JOAC 141.1' 17 1.31 AC .. 9 1.4IAC ... ...... • 8 2.10AC - 1 •.• 4 20 • ! .. • " l ~ ,"'' The information depicted on this map is for planning purposes only. It is not adequate for legal boundary definition, regulatory interpretation, or parcel-level analyses. NWST LLC . 26, 32, 38 North Westfield Street· Parcel Map eN 5/21/20133:37:20 PM 1:1296 1"=108' : • 21 3.3' AC U<O • • ZONING MAP 36 1m'SF " ..... -'1:,. I .. J ~ Bu&lneuA 1 •• a 15 1< Itt" " 13504 SF. ---J .... .. 9 1 ....... C 12 42:!1.25 141911 SF GU7 13 21611 SF 431.8 AgricuJtl.nl 14 1.10AC ,fl.1' 8 2.10AC 1 •. 1. 20 17500 SF ! ! ~ ~ ~ Bu&lntUA ~ , 20 17 f 20-473 SF The information depicted on this map is for planning purposes only. It is not adequate for legal boundary definition, regulatory interpretation, or parcel-level analyses. 1.31 AC Right of Way NWST LLC -26, 32, 38 North Westfield Street -Zoning Map 5/21 /20133:33:33 PM eN 1 :1296 1"=108' i 21 3.3' AC u"' • • WETLAND MAP 7 I 11273 SF • : ,...,. ! ~ le ". If 10 I • I 112.5l 15 ~ 135045F "Ul I, 12 16911 SF G7.fT 13 11681 SF 411.1 14 1.30AC 147." 17 1.31AC \ 9 1.o4IAC ... ...... i , ..... I'"~ 8 2.10AC , .... 20 17500 SF • ~ The information depicted on this map is for planning purposes only. It is not adequate for legal boundary definition, regulatory interpretation, or parcel-level analyses. DePalma Zone Change - Wetlands Map 5/21 /20131 :14:56 PM 0" 21." 51.11 ~ 4 "170 SF ~ ® 1 :1296 1 "=1 08' .... • • Agawam Zoning Ordinance Section 180-37, Section 180-23 and Section 180-44 ,. • • § 180-22 AGAWAM CODE § 180-23 § 180-22. Lot coverage. No principal building shall be erected or altered so as to cover more than 30% of the area of the lot on which it is located. § 180-23. Pennitted uses. ARTICLEllI Residence A-2 Districts In any Residence A-2 District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one or more of the following: A. Any use permitted in a Residence A-I District. B. A one-family detached dwelling for one housekeeping unit only; provided, however, that the Board of Appeals, upon an appeal from an order or decision made by the Inspector of Buildings and if it deems such action wise and if it shall appear to the Board that such action will tend to preserve . the standard and character of the neighborhood, may authorize a variation in the use of a one-family dwelling existing at the time of the adoption of this Article so that such dwelling may be altered and improved and facilities added for a second housekeeping unit. In all such cases the petitioner, as a condition precedent to the privilege herein granted, shall present adequate plans setting forth the changes and improvements to be made and shall have secured the written consent and approval of at least three of the following property owners: (1) The owner of the lot on either side of the petitioner's property. (2) The owner of the lot adjacent in the rear of the petitioner'S property. (3) The owner of the lot directly across the street therefrom. Where the petitioner is the owner of a lot on either side, in the rear or across from the property for which a variation is requested, such lot shall be omitted, in which case written consent and approval shall be secured from the owner of the property next to that owned by the petitioner. In case there are two or more lots adjacent in the rear or sides of the petitioner's property, the owner of the lot wl\ich abuts the greater length on the petitioner's property shall be deemed the owner of the lot adjacent to the petitioner's property, as used in this section. 180:20 OS· 15·2006 l • • § 180-26 ZONlNG "§ 180-29 § 180-26. Y Ilrds. A. Side yards. (1) There shall be a side yard between a principal building and any side lot line which sball be 15 feet wide in its least dimension. (2) Detached garages or accessory buildings shall be placed at least five feet from -the side lot line if located more than 65 feet from a street line. B. Rear yards. (I) There shall be a rear yard on every lot between the principal building and the rear lot line. It shall be 20 feet deep in its least dimension. (2)-One-story accessory buildings shall be placed at least five feet from the rear lot line, and one-and-one-half-story accessory buildings shall be placed at least 10 feet from the rear lot line. § 180-27. Lot size. No lot shall have afrontage of Jess than 110 feet nor an area of less than 15,000 square feet. § 180-28. Lot coverage. No principal building shall be erected or altered so as to cover more than 40% of the area of the lot on which it is located. I"~ • • § 180-36 AGAWAM CODE § 18G-39 § 180-36. Lot coverage. No principal building shall be erected or altered SO as to cover more than 40% of the area of the lot on which it is located. § 180-37. Pennitted uses. In any Agricultural District as indicated on the Building Zone Map, no building or other structure shall be erected. altered or used and no land shall be used or occupied for a purpose except one or more of the following: A. Any use permitted in a Residence A-lor A-2 District. B. Farms, dairies, nurseries, truck gardens, greenhouses and natural ice-haryesting activities and buildings or structures accessory thereto. C. Buildings or shelters for the sale of farm products, provided that a major portion of the products offered for sale at all times are raised on the premises and no advertising of products other than those raised on the premises shall be displayed. D. The processing of forests and wood lots by portable woodworking mills and machinery for processing wood cut on the premises, if approved by the Board of Appeals. E. Airports and landing strips and buildings or structures necessary thereto, if located west of Suffield Street. F. Off-street parking for 24 hours or less for motor vehicles when the use is an accessory to an existing conforming amusement park containing at least three acres of limd adjacent to agriculturally zoned land and by special permit. {Added 2-20-2001 by TOR·2OO1·1] § 180·38. Height regulations. Buildings or structures permitted in this zone under § l8G-37A shall not exceed the heights permitted in § 180-24 of this chapter. For other buildings permitted by this Article, the height limitation shall be 50 feet. § 180·39. Setback requirements. A. Buildings and shelters for the sille of farm products shall be at least 35 feet from the street line. B. Dwellings with or without attached garages shall be at least 35 feet from the street line. All other buildings of whatever description shall be at least 100 feet from the street line. 180:28 05 -IS -200' I I I I I .'1 • • § 180-40 ZONING § 180-43 § 180-40. Yards. A. Side yards . There shall be a side yard between any building and any side lot line. It shall comply with the side yard requirements of the nearest residence district measured in a director air line. B. Rear yards. For a residence, accessory building or other structure, the rear yard shall comply with the rear yard requirement of the nearest residence district measured in a direct or air line. § 180-41. Lot size. No lot shall be used for residence purposes with a frontage of less than 120 feet on a street or an area of less than 20,000 square feet. § 180-42. Lot coverage. There shall be no lot coverage regulations in this district. § 180-43. Special use requirements. A. Landscaped administrative offices, laboratories devoted to research, design or experimentation ' and processing and fabrication incidental thereto and appurtenant buildings consistent with and designed to promote and benefit the value and use of property in residential districts or in areas which are predominantly residential although partly lying in less restricted districts, provided that no materials or finished products shall be manufactured, processed or fabricated on such premises for sale except such as are incidental to such laboratory research, design or experimentation conducted on such premises. B. The special use established must be on plots having a minimum of 20 acres. must have a two-hundred-foot front yard and 100 yards along all other lot 'lines and must provide off-street parking for employees and visitors. Pointed masonry block and cinder block walls with struck joints will be permitted for rear and side walls of buildings. Brick masonry exterior walls. curtain walls of decorated colored aluminum. enameled colored steel. stainless steel walls and glass walls are permitted for exterior uses. If the front yard is on an interior lot line. 200 feet of setback shall apply to this lot line. The only sign pennitted must be in front of the building and subject to Planning Board approval. Traffic directional and parking signs must be not more than four feet high from the ground level. Not over 25% of the land shall be used for building purposes. C. Landscaped rest homes or convalescent homes. except those for contagious diseases. for the care of drug or liquor patients. for correctional purposes or for the care of the insane or feebleminded. Rest homes or convalescent homes must be on plots having a minimum of 10 acres. must have a one-hundred-foot front yard and fifty-foot yards along all other lot lines and must provide off-street parking for employees and visitors. Not over 25% of the land shall be used for building purposes. 180:29 05 -IS -2006 '. • § 180-43 AGAWAM CODE § 180-44 D. Nonprofit golf courses shall be permitted. Golf courses operated for profit shall be permitted with that portion of land covered by a clubhouse to be zoned Business A. All golf courses must be on plots having a minimum of 75 acres. E. To assure that special use structures shall be reasonably attractive in appearance. the builder or his representative shall submit to the Planning Board. in addition to other requirements. an architect's rendering or comparable illustration of the planned construction. including landscaping. prior to applying for a building permit. Unless such a drawing approved by the Planning Board is submitted to the Inspector of Buildings. no permit for a building shall be issued. nor shall an occupancy permit be granted. unless and until the fini shed structure conforms to the drawing submitted. F. Not more than one motor vehicle per 5.000 square feet of lot up to a limit of five motor vehicles shall be kept in accordance with Chapter 91 of the General Laws. only one of which can be an unregistered vehicle. exclusive of farm equipment. § 180-44. Pennitted uses. /'~"".-----------... ,. ARTICLE vrn "-_ , B' An' t • \ \. USJness IS nets \ -.". -' .~",~ ~ ~------/" In any Business A District as indicated on the Building Zone Map. no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one or more of the following: A. Any use permitted in a residence district or an Agricultural District. B. The major use of a building or strucrure in this district shall be to store and display goods for sale at retail on the premises or to furnish a service intended for residents of .the immediate vicinity. Banks. hotels. dining establishments. halls and office buildings shall be considered as complying with such requirements. C. No building. structure or land shall be used in whole or in part for any fabricating. manufacturing, converting. altering. finishing or assembling. D. One-story public garages for storage or repair of not more than 50 cars. Body and fender work and the painting or selling of cars in or out of doors is prOhibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of comp.lete units such as truck bodies. tailgates. road sanders, farm machinery, school buses and ambulances.is permitted. An underground tank of not more than 1.000 gallons' capacity for drain oil is permitted. [Amended 11-1S-2004 by TOR-2004-17] E. A gasoline filling station. which shall include self-service gasoline filling or service stations. provided that not more than 30.000 gallons of gasoline shall be stored on the premises. An enclosed lubritorium for not more than three motor vehicles shall be permitted. Only minor repairing of motor vehicles is permitted. [Amended 12-2-2002 by TR-2002-S3] (I) For the public purpose to promote and protect the health, safety, and welfare of the residents of the Town of Agawam, to prevent and control fires. and to control 180:30 OS· IS • ZOO6 I I § 180-44 (2) ZONING § 18045 traffic, it is deemed to be in the best interests of the Town of Agawam to regulate the number of gasoline filling stations within the Town of Agawam. For the purpose of licensing gasoline service stations under the provIsIons of Massachusetts General Laws Chapter 14S, § 13, there shall be no more than 20 issued at anyone time, and no license shall be issued for a gasoline filling station located within 200 feet of a residence, school or church. F. (Reserved)' G. Cabins, if licensed under MGL c. 140, § 32A to 32E, inclusive. H. Drive-in restaurants and drive-through restaurants, after a special permit by the Board of Appeals in conformance with § ISO-II. At no time shall fewer than 50 parking spaces be provided on site. [Added 3-21-1994 by TOR-94-1; amended. 3-8-2000 by TOR-2000-1] . (1) The parking or loading requirements set forth in this subsection may be reduced as part of the special permit by the Board of Appeals if the Board of Appeals finds that the reduction is not inconsistent with the requirements of the Zoning Bylaws of the Town of Agawam. (2) If a reduction is allowed, a reserve area, to be maintaiIled indefinitely as landscaped open space, must be required sufficient to adequately accommodate the difference between the parking spaces required (i.e., the sum of the parking spaces required for the separate used individually) and the parking spaces provided. The parking/site plan shall show (in dotted outline) the reserve area laid out in full compliance with any parking or loading requirements as set forth in said Chapter ISO, including the required number of spaces. In no event shall the Board of Appeals reduce the parking or loading requirement below 30 spaces. I. Drive-through service windows utilized by any business shall require a special permit from the Board of Appeals in conformance with § 180-11. [Added 9-20-1997 by TOR-97-S] J. No more than four automatic amusement devices duly licensed in accordance with § 75-1 of the Code of the Town of Agawam. [Added 9-7-2004 by TOR-2004-5] § 180-45. Height regulations. A. A business building shall not exceed three stories or 45 feet in height. These provisions shall not apply to chimneys, flag or radio poles, water tanks or hose towers or required bulkheads or elevator penthouses. A residence building shall comply with the height requirements for Residence B Districts. B. Heights of other buildings and structures permitted in this zone under § 180-44A shall not exceed the height permitted in Residence B Districts. 7. Editor's Note: Former Subsection F, which provided for open~air transient parking as a permitted use, was repealed 6-18·2007 by TOR-2007-6. 180:31 07 -01 -2008 • • § 180-46 AGAWAM CODE § 180-48 § 180-46. Setbacks; yards; loading areas. A. Setbacks shall be at least 35 feet. B. Side yards are not required for business buildings. C. Rear yards shall have a minimum of 25 feet. D. Space shall be provided for vehicle parking and for the loading and unloading of all materials, equipment and merchandise on the premises and entirely off the traveled way, with such additional space as may be necessary to provide free and easy access to that portion of the buildings so as not to interfere with traffic on the public way. Loading and unloading platforms and doorways especially designed for loading and unloading goods are prohibited on the front of any building. E. A building devoted in whole or in part to residence or other purposes pet:mitted in § 180-44A shall comply with the requirements prescribed for Residence B Districts. [Amended 4-7-1986 by TOR-86-6] § 180-47. Lot coverage. A. No business building shall be erected or altered so as to cover more than 50% of the area of the lot upon which it is located. [Amended 4-7-1986 by TOR-86-6] B. Notwithstanding any other provision of this section, no building or other structure shall be erected, altered or used for residential purposes which shall accommodate or house more than four families. All four-family buildings or structures used for residential purposes shall be erected on a parcel of land containing not less than one acre in area and having not less than 150 feet of frontage on a street. C. Not more than one unregistered motor vehicle shall be allowed on any . parcel of land used as a gasoline filling station; provided, however, that any such gasoline filling station having an automobile dealer's permit shall be governed by the provisions of such permit. I I I I I I I I i I, I .,. I • -. § 180-43 AGAWAM CODE § 180-44 D. Nonprofit golf courses shall be pennitted. Golf courses operated for profit shall be permitted with that portion of land covered by a clubhouse to be zoned Business A. All golf courses must be on plots having a minimum of 75 acres. E. To assure that special use structures shall be reasonably attractive in appearance, the builder or his representative shall submit to the Planning Board, in addition to other requirements, an architect's rendering or comparable illustration of the planned construction, including landscaping, prior to applying for a building permit. Unless such a drawing approved by the Planning Board is submitted to the Inspector of Buildings, no pennit for a building shall be issued, nor shall an occupancy pennit be granted, unless and until the finished structure conforms to the drawing submitted. F. Not more than one motor vehicle per 5,000 square feet of lot up to a limit of five motor vehicles shall be kept in accordance with Chapter 91 of the General Laws, only one of which can be an unregistered vehicle, exclusive of farm equipment. - I I I I I I I • Mernorandwn To: Planning Board CC: Chief Robert Campbell From: Sergeant Richard Niles Date: 5/20/2013 Re: Zone Change ~ 26 North Westfield St. -Business A & Agricultural to all Business A Petitioner states on the Argument page that the "Zone change requested herein is not detrimental to the public good ". A concern of the Police Department's is the negative impact on pedestrian safety this zone change could create. The sidewalk in front of 26 North Westfield Street provides a route by which students of both the Agawam Junior High School and Granger Elementary School use to travel to and from those schools. Commercial development of this parcel may add vehicular traffic crossing over said sidewalk placing student pedestrians into harms way. Respectfully Submitted 4*>R.~ Sergeant Richard Niles Safety Officer Agawam Police Department 3evie ~proved by -= ~, ieuten Eric Gillis Traffic Bureau Commander Agawam Police Department •• I Memorandum To: Planning Board CC: Chief Robert Campbell From: Sergeant Richard Niles Date: 5/20/2013 e , I Re: Zone Change -32 North Westfield' St. -Business A & Agricultural to all Business A Petitioner states on the Argument page that the "Zone change requested herein is no[ detrimen[ai [0 the public good", A concern of the Police Department's is the negative impact on pedestrian safety this zone change could create, The sidewalk in front of32 North Westfield Street provides a route by which students of both the Agawam Junior High School and Granger Elementary School use to travel to and from those schools, Commercial development of thi s parcel may add vehicular traffic crossing over said sidewalk placing student pedestrians into harms way, Respectfully Submitted ~.ft~ Sergeant Richard Niles Safety Officer Agawam Police Department raffie Bureau Commander Agawam Police Department RECE\VED M~'t 2 S 'LU\) AGAWAM D PLANN\NG BOAR 1 Memorandum To: Planning Board . CC: Chief Robert Campbell From: Sergeant Richard Niles Date: 5/20/2013 Re: Zone Change -38 North Westfield St. -Business A & Agricultural to all Business A Petitioner states on the Argument page that the "Zone change requested herein is not detrimental to the public good". A concern of the Police Department's is the negative impact on pedestrian safety this zone change could create. The sidewalk in front of 38 North Westfield Street provides a route by which students of both the Agawam Junior High School and Granger Elementary School use to travel to and from those schools. Commercial development of this parcel may add vehicular traffic crossing over said sidewalk placing student pedestrians into harms way. Respectfully Submitted Jc) A.~ Sergeant Richard Niles Safety Officer Ag~wam Police Department Traffic Bureau Commander Agawam Police Department 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. Magavern Joseph Mineo Donald M Rheault Robert E. Rossi ADMINISTRATIVE ASSISTANT Barbara A. Bard TELEPHONE (413) 726-9716 FAX (413) 726-9717 EMAIL bbard@agawam.ma.us • • AGAWAM CITY COUNCIL 36 MAIN STREET AGAWAM, MASSACHUSETIS 01001 May 30, 2013 Agawam Planning Board Town Hall 36 Main Street Agawam, MA. 01001 Re: TOR-2013-6, ZC-2013-2, ZC-2013-3, ZC-2013-4 Dear Members of the Agawam Planning Board: At its regularly scheduled City Council meeting of May 20, 2013, the Agawam City Council referred the following items to the Agawam Planning Board for them to hold respective public hearings and make a recommendation. The City Council also set a date of July 8, 2013 on which to hold their public hearings on the same. . • PH-2013-9 (TOR-20!3c6) -An Ordinance to Amend the Code of the Town of Agawam Zoning Ordinances by § 180 Article XVI (Residence A-6; Low Density Multi-Family Community • PH-20 13-9 (ZC-20 13-2)-A Petition for Zone Change for Parcel Owned by NWST, LLC located at 26 North Westfield Street • PH-2013-10 (ZC-2013-3) -A Petition for Zone Change for Parcel Owned by NWST, LLC located at 32 North Westfield Street • PH-20I3-11 (ZC-2013-4) -A Petition for Zone Change for Parcel Owned by NWST, LLC located at 38 North Westfield Street If you have any questions, please do not hesitate to contact me. Sincerely, ,/ =:;:......,.=---. AI ' ....... _y"''--( Christopher C. J nson, President Agawam City uncil CCJlbb cc: Full Council Mayor Solicitor RECEIVED MAY 30 l013 AGAWAM PLANNlNG BOARD • Memorandum To: Planning Board CC: Chief Robert Campbell From: Sergeant Richard Niles Date: 5/20/2013 • Re: Zone Change -26 North Westfield St. -Business A & Agricultural to all Business A Petitioner states on the Argument page that the "Zone change requested herein is not detrimental 10 the public good ", A concern of the Police Department's is the negative impact on pedestrian safety this zone change could create. The sidewalk in front of 26 North Westfield Street provides a route by which students of both the Agawam Junior High School and Granger Elementary School use to travel to and from those schools. Commercial development of this parcel may add vehicular traffic crossing over said sidewalk placing student pedestrians into harms way. Respectfully Submitted ¥R.~ Sergeant Richard Niles Safety Officer Agawam Police Department 3evie ~proved by ~ 'd.£.' ieuten Eric Gillis Traffic Bureau Commander Agawam Police Department • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: AGAWAMPLA~GBOARD FROM: DEBORAH S. DACHOS, DIRECTOR OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT SUBJECT: . Zone Changes -NWST LLC -North Westfield Street DATE: May 14, 2013 On April 23, 2013, the Town received three (3) zone change requests from NWST LLC for 26,32, and 38 North Westfield Street. The applicant is requesting a zone change for a portion of26 and 32 North Westfield Street from Agriculture to Business A. At 38 North Westfield Street, the applicant is requesting a change from Residence A-2 and Agriculture to Business A. The three parcels consist of approximately 2.34 acres. The Planning Office has conducted a review of this proposal and submits this report for your information. Zoning As stated above, the property for which the zone change is being requested is currently zoned Residence A-2 and Agriculture. Property to the north, south, east, and west is zoned Business A. Please see the attached zoning map. Under the present Agricultural District the following uses are allowed: (Please refer to 180-37 of the Zoning Ordinance which is attached for a full description.) Any use permitted in a Residence A-lor A-2 District. B. Farms, dairies, nurseries, truck gardens, greenhouses and natural ice-harvesting activities and buildings or structures accessory thereto. C. Buildings or shelters for the sale offarni products, provided that a major portion of the products • • offered for sale at all times are raised on the premises and no advertising of products other than those raised on the premises shall be displayed. D. The processing of forests and wood lots by portable woodworking mills and machinery for processing wood cut on the premises, if approved by the Board of Appeals. E. Airports and landing strips and buildings or structures necessary thereto, if located west of Suffield Street. F. Off-street parking for 24 hours or less for motor vehicles when the use is an accessory to an existing conforming amusement park containing at least three acres ofland adjacent to agriculturally zoned land and by special permit.[Added 2-20-2001 by TOR-200l-1] Under the current Residence A-2 District the following uses are allowed: (( Please refer to 180-23 of the Zoning Ordinance which is attached for a full description.) A. Any use permitted in a Residence A -I District B. A single family residence with a second house keeping unit (Board of Appeals) C. Office or studio of a dentist, artist, architect, professional engineer or teacher D. Renting of room to not more than four (4) boarders E. Schools and community centers F. Colleges, public libraries, museums, churches, parish houses, and Sunday school buildings G. Private kindergartens and day nurseries H. Bus passenger stations and shelters 1. Telephone exchange buildings Under the proposed Business A the following uses are allowed: ( Please refer to 180-44 of the Zoning Ordinance which is attached.) A.Any use permitted in a residence district or an Agricultural District. B. The major use of a building or structure in this district shall be to store and display goods for sale at retail on the premises or to furnish a service intended for residents of the immediate vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered as complying with such requirements. C. No building, structure or land shall be used in whole or in part for any fabricating, manufacturing, converting, altering, finishing or assembling. D. One-story public garages for storage or repair of not more than SO cars. E. A gasoline filling station, which shall include self-service gasoline filling or service stations, provided that not more than 30,000 gallons of gasoline shall be stored on the premises. F. Cabins, iflicensed under MGL c. 140, § 32A to 32E, inclusive. • • G. Drive-in restaurants and drive-through restaurants, after a special permit by the Board of Appeals in conformance with § 180-11. At no time shall fewer than 50 parking spaces be provided on site.[Added 3-21-1994 by TOR-94-1; amended 3-8-2000 by TOR-2000-1] H. Drive-through service windows utilized by any business shall require a special permit from the Board of Appeals in conformance with § 180-II.[Added 9-20-1997 by TOR-97-8] J. No more than four automatic amusement devices duly licensed in accordance with § 75-1 of the Code of the Town of Agawam. [Added 9-7-2004 by TOR-2004-5] Land Use The area of land for which the zone change is being sought is land locked. It is the rear of three adjacent lots which were originally occupied by single family dwellings. Two ofthe residences are still standing. To the east and south of the site are commercial developments (Stop & Shop, Wendy's and Pride). Two of the lots have adequate area and are zoned properly for commercial development. Environmental Considerations According to information provided on Agawam's G.I.S.(Geographic Information System), there is a wetland and stream located at the rear of all three lots. Any work on these lots will require a filing with the Agawam Conservation Commission. Other Considerations Feeding Hills Center was recommended for National Register Historic District Designation in 1984 when the Town was conducting its first historical inventory. In the report prepared by historian Greg Farmer it states: "Commercial development has had a more negative impact on Feeding Hills than in any other historic area of Agawam .... ". Sensitivity to the historic structures on the west side of North Westfield Street and those further north on North Westfield Street is recommended. Summary The small isolated piece of Agriculturally zoned land is incongruous with the adjacent properties. It is in essence a "spot zone". Rezoning this land to Business A would be in keeping with the surrounding parcels. Sensitively designed commercial development would not detract from the neighborhood. Examples of sensitive design would include: placing the building close to the street line with parking in the rear, maintaining safe pedestrian access and building design that blends with the neighborhood. , • • PARCEL MAP " 26 12&32 Sf '" 24 , ... , 36 15035 SF 20 20473 SF -.I: .. .' • I I ~ [. """ 1'1.111 " The information depicted on this map is for planning purposes only. It is not adequate for legal boundary definition, regulatory interpretation, or parcel-level analyses. 11 11273 SF : 12 189" SF 427.17 13 2.611 Sf 01.1 14 1.30Ae 9 1.41 AC ... • 8 2.10AC NWST LLC -26, 32, 38 North Westfield Street -Parcel Map 5/21/20133:37:20 PM • N l ~ eN 1 :1296 1"=108' • • • 21 3.3' AC • • ZONING MAP _e 12 169111 SF GUT 13 , " .... :: -21681 SF 431.1 " 14 : ! 1.'OAC , .... 141.1' 15 " ,. 13504 SF , .... .. 9 1.41 AC 42:S.J'$ AgfiClAnnl • B 2.1QAC , .... 20 17500 SF ! ! ~ • ~ 20 20473 SF Bull",," A 17 j ,,>0 • • The information depicted on this map is for planning purposes only. It is not adequate for legal boundary definition, regulatory interpretation, or parcel-level analyses. • 1.31 AC Rlghl ~W~ NWST LLC ·26, 32, 38 North Westfield Street -Zoning Map 5/21 /20133:33:33 PM ® 1 :1296 1"=108' • • • 21 3.31 AC " .. • • WETLAND MAP Sf U"'J 2 " ... 1=, I I ,. ; ,; • I, • I 12'.., 12' ,...., , .... 7 11213 SF ! 10 • 11 11273 SF I 15 13504 SF .... ' :14'1.1' 12 , •• , SF 427.17 13 21611 SF 431.' 14 1.30AC 147.tI ~ 17 1..31 AC 9 1."'AC '" "'25 i I ".02 ,1 .• 0 .. "" • 8 2.10AC ,"-0< 20 1nooSF • ~ The information depicted on this map is for planning purposes only. It is not adequate for legal boundary definition. regulatory interpretation. or parcel-level analyses. DePalma Zone Change· Wetlands Map 5/21/20131 :14:56 PM 3.3' .I.e 0 .. , ... ..... 51'.11 ~ 4 g 15770 SF ~ ® 1 :1296 1"=108' " .. • • Agawam Zoning Ordinance Section 180-37, Section 180-23 and Section 180-44 • • § 180-22 AGAWAM CODE § 180-23 § 180-22. Lot coverage. No principal building shall be erected or altered so as to cover more than 30% of the area of the lot on which it is located. .~ ARTICLEID ( •. ~~esidence A· 2 Districts § 180·23. Permitted uses. In any Residence A-2 District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one or more of the following: A. Any use permitted in a Residence A-I District. B. A one-family detached dwelling for one housekeeping unit only; provided, however, that the Board of Appeals, upon an appeal from an order or decision made by the Inspector of Buildings and if it deems such action wise and if it shall appear to the Board that such action will tend to preserve ,the standard and character of the neighborhood, may authorize a variation in the use of a one-family dwelling existing at the time of the adoption of this Article so that such dwelling may be altered and improved and facilities added for a second housekeeping unit. In all such cases the petitioner, as a condition precedent to the priVilege herein granted, shall present adequate plans setting forth the changes and improvements to be made and shall have secured the written consent and approval of at least three of the fOllowing property owners: (1) The owner of the lot on either side of the petitioner's property. (2) The owner of the lot adjacent in the rear of the petitioner's property. (3) The owner of the lot directly across the street therefrom. Where the petitioner is the owner of a lot on either side, in the rear or across from the property for which a variation is requested, such lot shall be omitted, in which case written consent and approval shall be secured from the owner of the property next to that owned by the petitioner. In case there are two or more lots adjacent in the rear or sides of the petitioner's property, the owner of the lot which abuts the greater length on the petitioner's property shall be deemed the owner of the lot adjacent to the petitioner's property, as used in this section. 180:20 os -15 -2006 l • • § 180-26 ZONING § 180-29 § 180-26. Yards. A. Side yards. (I) There shaH be a side yard between a principal building and any side lot line which shall be 15 feet wide in its least dimension. (2) Detached garages or accessory buildings shaH be placed at least five feet from ·the side lot line if located more than 65 feet from a street line. B. Rear yards. (I) There shall be a rear yard on every lot between the principal building and the rear lot line. It shall be 20 feet deep in ils least dimension. (2)' One-story accessory buildings shall be placed at least five feet from Ihe rear 101 line, and one-and-one-half-story accessory buildings shall be placed al least 10 feel from the rear lot line. § 180·27. Lot size. No lot shall have a frontage of less than 110 feet nor an area of less than 15,000 square feet. § 180·28. Lot coverage. No principal building shall be erected or altered so as to cover more than 40% of the area of the lot on which it is located. • • § 180-36 AGAWAM CODE § 180-39 § 180-36. Lot coverage. No principal building shall be erected or altered so as to cover more than 40% of the area of the lot on which it is located. ARTICLE vn /' ~~ ~eulhH'al.Districts § 180-37. Permitted uses. In any Agricultural District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for a purpose except one or more of the following: A. Any use permitted in a Residence A-lor A-2 District. B. Farms, dairies, nurseries, truck gardens, greenhouses and natural ice-haryesting activities and buildings or structures accessory thereto. C. Buildings or shelters for the sale of farm products, provided that a major portion of the products offered for sale at all times are raised on the premises and no advertising of products other than those raised on the premises shall be displayed. D. The processing of forests and wood lots by portable woodworking mills and machinery for processing wood cut on the premises. if approved by the Board of Appeals. E. Airports and landing strips and buildings or structures necessary thereto. if located west of Suffield Street. F. Off-street parking for 24 hours or less for motor vehicles when the use is an accessory to an existing confonning amusement park containing at least three acres of limd adjacent to agricultumUy wned land and by special permit. [Added 2-20-2001 by TOR-2001-I] § 180-38. Height regulations. Buildings or structures permitted in this wne under § 180-37 A shall not exceed the heights permitted in § 180-24 of this chapter. For other buildings permitted by this Article, the height limitation shall be 50 feet. § 180-39. Setback requirements. A. Buildings and shelters for the sale of farm products shall be at least 35 feet from the street line. B. Dwellings with or without attached garages shall be at least 35 feet from the street line. All other buildings of whatever description shall be at least 100 feet from the street line. 180:28 05· 15 • 2006 I i I I I I I i I ~ I ;,. I , , " ;!~ i' t t , , • • § 180-40 ZONING § 180-43 § 180-40. Yards. A. Side yards. There shall be a side yard between any building and any side lot line. It shall comply with the side yard requirements of the nearest residence district measured in a direct .or air line. B. Rear yards. For a residence, accessory building or other structure, the rear yard shall comply with the rear yard requirement of the nearest residence district measured in a direct or air line. § 180-41. Lot size. No lot shall be used for residence purposes with a frontage of less than 120 feet on a street or an area of less than 20,000 square fee\. § 180-42. Lot coverage. There shall be no lot coverage regulations in this district. § 180-43. Special use requirements. A. Landscaped administrative offices, laboratories devoted to research, design or experimentation and processing and fabrication incidental thereto and appurtenant buildings consistent with and designed to promote and benefit the value and use of property in residential districts or in areas which are predominantly residential although partly lying in less restricted districts, provided that no materials or finished products shall be manufactured, processed or fabricated on such premises for sale except such as . are incidental to such laboratory research, design or experimentation conducted on such premises. B. The special use established must be on plots having a minimum of 20 acres, must have a two-hundred-foot front yard and 100 yards along all other lot lines and must provide off-street parking for employees and visitors. Pointed masonry block and cinder block walls with struck joints will be permitted for rear and side walls of buildings. Brick masonry exterior walls, curtain walls of decorated colored aluminum, enameled colored steel, stainless steel walls and glass walls are permitted for exterior uses. If the front yard is on an interior lot line, 200 feet of setback shall apply to this lot line. The only sign permitted must be in front of the building and subject to Planning Board approval. Traffic dir~ctional and parking signs must be not more than four feet high from the ground level. Not over 25% of the land shall be used for building purposes. C. Landscaped rest homes or convalescent homes, except those for contagious diseases, for the care of drug or liquor patients, for correctional purposes or for the care of the insane or feebleminded. Rest homes or convalescent homes must be on plots having a minimum of 10 acres, must have a one-hundred-foot front yard and fifty-foot yards along all other lot lines and must provide off-street parking for employees and visitors. Not over 25% of the land shall be used for building purposes. 180:29 05 -IS· 2006 • • § 180-43 AGAWAM CODE § 180-44 D. Nonprofit golf courses shall be permitted. Golf courses operated for profit shall be permitted with that portion of land covered by a clubhouse to be zoned Business A. All golf courses must be on plots having a minimum of 75 acres. E. To assure that special use structures shall be reasonably attractive in appearance, the builder or his representative shall submit to the Planning Board, in addition to other requirements, an architect's rendering or comparable illustration of the planned construction, including landscaping, prior to applying for a building permit. Unless such a drawing approved by the Planning Board is submitted to the Inspector of Buildings, no permit for a building shall be issued, nor shall an occupancy permit be granted, unless and until the finished structure conforms to the drawing submitted. F. Not more than one motor vehicle per 5,000 square feet of lot up to a limit of five motor vehicles shall be kept in accordance with Chapter 91 of the General Laws, only one of which can be an unregistered vehicle, exclusive of farm equipment. - • I I I I I • I • § 180-43 AGAWAM CODE § 180-44 D. Nonprofit golf courses shall be permitted. Golf courses operated for profit shall be permitted with that portion of land covered by a clubhouse to be zoned Business A. All golf courses must be on plots having a minimum of 75 acres. E. To assure that special use structures shall be reasonably attractive in appearance, the bui Ider or his representative shall submit to the Planning Board, in addition to other requirements, an architect's rendering or comparable illustration of ' the planned construction, including landscaping, prior to applying for a building permit. Unless such a drawing approved by the Planning Board is submitted to the Inspector of Buildings, no permit for a building shall be issued, nor shall an occupancy permit be granted, unless and until the finished structure conforms to the drawing submitted. F. Not more than one motor vehicle per 5,000 square feet of lot up to a limit of five motor vehicles shall be kept in accordance with Chapter 91 of the General Laws, only one of which can be an unregistered vehicle, exclusive of farm equipment. /' /._----- I ARTICLE vrn \ Business A Districts >~,. § 180-44. Pennitted uses. In any Business A District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one or more of the following: A. Any use permitted in a residence district or an Agricultural District. B. The major use of a building or structure in this district shall be to store and display goods for sale at retail on the premises or to furnish a service intended for residents of .the immediate vicinity. Banks. hotels, dining establishments. halls and office buildings shall be considered as complying with such requirements. C. No building. structure or land shall be used in whole or in part for any fabricating, manufacturing. converting. altering. finishing or assembling. D. One-story public garages for storage or repair of not more than 50 cars. Body and fender work and the painting or selling of cars in or out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck bodies. tailgates. road sanders, farm machinery, school buses and ambulances.is permitted. An underground tank of not more than 1.000 gallons' capacity for drain oil is permitted. [Amended 11·15·2004 by TOR-2004-17] E. A gasoline filling station, which shall include self-service gasoline filling or service stations. provided that not more than 30,000 gallons of gasoline shall be stored on the premises. An enclosed lubritorium for not more than three motor vehicles shall be permitted. Only minor repairing of motor vehicles is permitted. [Amended 12·2·2002 by TR·2002-53] (1) For the public purpose to promote and protect the health, safety, and welfare of the residents of the Town of Agawam. to prevent and control fires, and to control 180:30 05· IS • 2006 I I I I 1 I I § IBO-44 (2) ZONING § 1B0-45 traffic, it is deemed to be in the best interests of the Town of Agawam to regulate the number of gasoline filling stations within the Town of Agawam. For the purpose of licensing gasoline service stations under the provisions of Massachusetts General Laws Chapter 148, § 13, there shall be no more than 20 issued at anyone time, and no license shall be issued for a gasoline filling station located within 200 feet of a residence, school or church. F. (Reserved)1 G. Cabins, if licensed under MGL c. 140, § 32A to 32E, inclusive. H. Drive-in restaurants and drive-through restaurants, after a special permit by the Board of Ap~als in confonnance with § lBO-I I. At no time shall fewer than 50 parking spaces be provided on site. [Added 3-21-1994 by TOR-94-1; amended 3-8-2000 by TOR-2000-1] (l) The parking or loading requirements set forth in this subsection may be reduced as part of the special permit by the Board of Appeals if the Board of Appeals finds that the reduction is not inconsistent with the requirements of the Zoning Bylaws of the Town of Agawam. (2) If a reduction is allowed, a reserve area, to be maintained indefinitely as landscaped open space, must be required sufficient to adequately accommodate the difference between the parking spaces required (i.e., the sum of the parking spaces required for the separate used individually) and the parking spaces provided. The parking/site plan shall show (in dotted outline) tbe reserve area laid out in full compliance with any parking or loading requirements as set forth in said Chapter 180, including the required number of spaces. In no event shall the Board of Appeals reduce the parking or loading requirement below 30 spaces. I. Drive-through service windows utilized by any business shall require a special permit from the Board of Appeals in conformance with § 180-11. [Added 9-20-1997 by TOR-97-8] J. No more than four automatic amusement devices duly licensed in accordance with § 75-1 of the Code of the Town of Agawam. [Added 9-7-2004 by TOR-2004-5] § 180-45. Heighi regulations. A. A business building shall not exceed three stories or 45 feet in height. These provisions shall not apply to chimneys, flag or radio poles, water tanks or hose towers or required bulkheads or elevator penthouses. A residence building shall comply with the height requirements for Residence B Districts. B. Heights of other buildings and structures permitted in this zone. under § 180-44A shall not exceed the height permitted in Residence B Districts. 7. [(mor's Note: Former Subsection F, which provided for open-air transient parking as a permitted use, wlS repealed 6·18-2007 by TOR-2007·6. 180:31 07·01 • 2008 • § 180-46 AGAWAM CODE § 180-46. Setbacks; yards; loading areas. A. Setbacks shall be at least 3 5 f~t. B. Side yards are not required for business buildings. C. Rear yards shall have a minimum of 25 feet. • § 180-48 D. Space shall be provided for vehicle parking and for the loading and unloading of all materials, equipment and merchandise on the premises and entirely off the traveled way, with such additional space as may be necessary to provide free and easy access to that portion of the buildings so as not to interfere with traffic on the public way. Loading and unloading platforms and doorways especially designed for loading and unloading goods are prohibited on the front of any building. E. A building devoted in whole or in part to residence or other purposes pevnitted in § 180-44A shall comply with the requirements prescribed for Residence B Districts. [Amended 4-7-1986 by TOR-86-6] § 180-47. Lot coverage. A. No business building shall be erected or altered so as to cover more than 50% of the area of the lot upon which it is located. [Amended 4-7-1986 by TOR-86-6] B. Notwithstanding any other provision of this section, no building or other structure shall be erected, altered or used for residential purposes which shall accommodate or house more than four families. All four-family buildings or structures used for 'residential purposes shall be erected on a parcel of land containing not less than one acre in area and having not less than 150 feet of frontage on a street. C. Not more than one unregistered motor vehicle shall be allowed on any parcel of land used as a gasoline filling station; provided, however, that any such gasoline filling station having an automobile dealer's permit shall be governed by the provisions of such permit. I I • • • • • • • --I • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1831 Tel . .413-786-0400 Fax 413-786-9927 May 20, 2M3 Dear Abutter: NWST, LLChas submitted to the Town three (3) separate zone change requests for 26,32 and :38 North Westfield Street. The properties are currently zoned as follows: 26 North Westfield . . Street is currently zoned Business A and Agricultural; 32 North Westfield Street is currently zoned Business A, Residence A-2 and Agricultural; and 38 North Westfield Street is currently zoned Residence A-2 and Agricultural. The requests are to zone all three parcels entirely Business A. The Assessors Office lists you as an abutter and therefore must be notified of the upcoming . public hearings. The Planning Board will be holding three separate public hearings on these requests on Thursday, June 6, 2013 at 7:00 PM, 7:10 PM and 7:20 PM, respectively. The meeting will be held at the Agawam Public Library, 750 Cooper Street, Agawam. You are encouraged to attend and comment. Sincerely, u~;: (;)v..~j)~ Travis P. Ward, Chairman AGAWAM PLANNING BOARD TPWIDSD:prk COYOTE REALTY LLeY 7MOSHERST WEST SPRINGFIELD, MA GUAY TIMOTHY Me GUAYHEIDIA • 45 NORTH WESTFIELD STREET FEEDING HILLS, MA OlO30- NWSTLLC 267 HILLSIDE RD SOUTHWICK, MA OlO77 NWSTLLC 267 HILLSIDE RD SOUTHWICK, MA OlO77 SPROCKET REALTY LLC ', 4 LEXINGTON CIR SOUTHWICK, MA OlO77 TOWN OF AGAW ANlj AGAWAM JR HIGH 36 MAIN STREET AGAWAM, MA 01001-1825 PALATIUM REALTY INC 1050 HALLADAY AVE SUFFIELD, CT 06078 TOWN OF AGAWAM GRANGER ELEM SCHOOL 36MAINST AGAWAM, MA OlOOI-1825 vi J+J AGAWAM REALTY PARTNERSHIP 98 CUTTER MILL RD GREAT NECK, NY 11021- SLOSEK ROSE-MARIE 54 NO WESTFIELD ST FEEDING HILLS, MA 01030- FEEDING HILLS J CONGREGATIONAL CHURCH 21 NO WESTFIELD ST FEEDING HILLS, MA OlO30- WILLIAMS LYNETTE Av 14 NO WESTFIELD ST FEEDING HILLS, MA OlO30- GRAND RUN HOLDINGS 1, LLC ATTN JAMES D. JEPEAL CPA 15 WINTHROP ST TARIFFVILLE, CT 06081 I COYOTE REALTY LLei 7 MOSHER STREET WEST SPRINGFIELD, MA PALATIUM REALTY INC lO50 HALLADAY AVE SUFFIELD, CT 06078 MURPHY BARBARA L 35 NORTH WESTFIELD FEEDING HILLS, MA OlO30 BRAGARAUS LLC C/O FITNESS FIRST INC. 60 NORTH WESTFIELD ST FEEDING HILLS, MA OlO30- BOTTA CARMEN A BOTTA EMIDDIO 44 NO WESTFIELD ST FEEDING HILLS, MA OlO30- NWSTLLC 267 HILLSIDE RD SOUTHWICK, MA 01077 PRIDE CONVENIENCE INC l 246 COTTAGE STREET SPRINGFIELD, MA OIlO4- GRAND RUN HOLDINGS 1, LLCI ATTN JAMES D JEPEAL CPA 15 WINTHROP ST TARIFFVILLE, CT 06081 PALATIUM REALTY INC lO50 HALLADAY AVE SUFFIELD, CT 06078 F L ROBERTS AND COMPANY 93 WEST BROAD ST SPRINGFIELD, MA 01105 • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: Building Inspector Safety Officer Fire Department Health Department Conservation Commission Engineering DepartmentlDPW Board of Appeals School Committee Assessors FROM: Planning Board DATE: May 14,2013 SUBJECT: Zone Change--26 North Westfield St.-Business A & Agricultural to all Business A The Planning Board will be holding its public hearing on a Zone Change request for 26 North Westfield Street on Thursday, June 6, 2013. The property is currently zoned Business A and Agricultural and the request is for all Business A. We would appreciate any comments you may have prior to this hearing. Sincerely, ,~ '-LJ _, 2l / ~T?Wij~r' Travis P. Ward, Chairman AGAWAM PLANNING BOARD ' • • INTEROFFICE MEMORANDUM TO: PAM KERR, PLANNING DEPARTMENT FROM: BARBARA BARD, CITY COUNCIL OFFICE SUBJECT: ZONE CHANGE SUBMITTED BY NWST, LLC AND R. LEVESQUE ASSOCIATES, INC. DATE: 5/1/2013 This office is in receipt of the attached petitions for a zone change for Parcels E102 14, E10 2 13 and E10 2 12 located on North Westfield Street, Feeding Hills as submitted by NWST, LLC and R. Levesque Associates, Inc. Please give me a call when you have a change to coordinate public hearing dates. Thank you. cc: Full Council, Mayor, Solicitor RECEIVED MA'( 02 2013 AGAWAM PLANNING BOARD • LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD • The Agawam Planning Board will hold a public hearing on Thursday, June 6, 2013 at 7:00 PM at the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition ofNWST, LLC for a zone change request on 26 North Westfield Street from Business A and Agricultural to all Business A. Copies of the proposed zone change can be obtained from the Agawam Planning Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA. BY ORDER OF: Travis P. Ward, Chairman Agawam Planning Board (Ad to be run 5/23/13 & 5/30/13) cc: Planning Boards of: PVPC Southwick Springfield West Springfield Westfield Suffield, CT Dept. Of Housing & Community Developn Page 18 Legal Nc LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planni~g , Board will hold a pubhc hearing on Thursday, June 6 2013 at 7:00 PM at the Agawam Public Library, 750 Cooper Street. Agawam. MA. The purpose of this hearing will be to· hear the petition of NWST, LLC for a zone change request on 26 North Westfield Street from Business A and Agricultural to at1 Business A. Copies of the proposed zone change can· be obtained from ~he Agawam Planning Office between the hOUfS 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 ApftfD ~ BOIId 5I23,5/3Q113 LEGAL N01'ICE TOWN OF AGAWAM pLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, June 6, 2013 at 7:00 PM at the Agawam Public Library, 750 Cooper Street, Agawam, MA. The, purpose of this hearing will be to hear the petition of NWST, LLC for a rone change request on 26 North Westfield Street from Business A and Agricultural to all Business A, Copies of the proposed zone change can be obtained from the Agawam Planning Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main. Street, Agawam, MA. BY ORDER OF: . 1hmtP. W...-d.~hairman ,."".-. n . i g 11.-1 ~IJ '!? c- UI ~ ~ ~ ... ( • •• • Zone Chang e Pe t ition Application, Narrative & Supporting Documents April 20 13 Subject Property: 26 North Westfield Street Parcel E10 2 14, Agawam, MA RLA Project # 1 20929 Applicant: NWST, LLC 267 Hillside Road Southwick, MA RECE~VED w: 01 2013 t<GAWAI'Ji PLAN N~i ~U DOARD R LEVESQUE ASSOCIATES, IN C A LAND PLANNING SERVICES COMPANY 40 School StrEEt, P.O. BOX 640, WEstfiEld, MA 0 lOBS p 4 I 3 .568.0985 . f 41 3.568.0986 . www.rlaland.com ITEM Title Page • TABLE OF CONTENTS Zone Change Petition • North Westfield Street (parcel E10214) Agawam, MA 01001 SECTION Zone Change Petition Letter ............................................................................... I Locus Map ......................................................................................................... 2 Deeds ................................................................................................................. 3 Copy of Filing Fee Check ................................................................................... 4 Proposed Zone Change Plan dated 4/23 /13 ............................. , .......................... 5 • • SECTION 1 ZONE CHANGE PETITION LETTER R L~VESQUE ASStIATES, INC. 40 School Street, P.O. BOX 640, Westfield, MA 01085 p 413.56B.098S . f 413.568.0986 . www.r-Ialand.com April 23, 2013 Mr. Donald M. Rheault -President Agawom Town Council 36 Main Street Agawam, MA 01001 RE: Petition for Zone Change North Westfield Street (Parcel E10 2 14) Agawam, MA01001 RIA Project # 120929 Dear Mr. Rheault & Councilors: • On behalf of NWST, LLC, the owner of the obove referenced property, R Levesque Associates, Inc is herein respectfully petitioning the Agawam Town Council for a Zoning Map Amendment (Zone Change) for Parcel E10 2 14 on North Westfield Street in Agawam, MA. Properly Designation: The subject property is known as Parcel E10 2 14 on the Agawam Assessors Mapping. The parcel address is 26 North Westfield Street, Agawam, MA. The subject property falls within two zoning districts: Business A and Agricultural. The eastern (rear) portion of the property is zoned Agricultural and the western (front) partion is zoned Business A. Zoning Map Amendment (Zone Change) Sought: The petitioner seeks an amendment (Zone Change) to the Town of Agawam Zoning Map for parcel E10 2 14 and, as set forth in section 180-3 of the Town of Agawam Zoning Regulations, to allow the entirety of the parcel ta be rezoned to Business A. Reason for the Zoning Map Amendment: The aforementioned Zane Change is being requested to allow for a proposed retail develapment ta be constructed within A LAND PLANNING SERVICES COMPANY R LEVESQUE ASSctATES, INC. • 40 School Str'ut, P.O. BOX 640, Wt':stfft':ld, MA 01085 P 413.568.0 985 f 413.568.0986 . www.rlal.Jnd.com ~-------, ~ RLA the subject properly. By gronting the of ore mentioned lone Change, the Council will be allowing the applicant to pursue on economically viable and historically sensitive retail development within the subject parcels. Argument: a. Facls to support a finding that the Zone Change will be desirable and without substantial delrimentto the public good: 1. Please see the attached Preliminary Site Plan of the proposed project. Said Plan illustrates the character of the proposed project. 2. The subject site is well suited to commercial retail development. The required Town services are all available at the properly frontage and the traffic adjacent to the parcel provides a healthy market for potential retailers. 3. The surrounding properties are commercial uses to the south, east and west. To the north, residential uses and a fitness center properties. Petitioner: Rolph DePalma Understanding the aforementioned, the Zoning Map Amendment (Zone Change) requested herein is not detrimental to the public good, and does not substantially derogate from the intent of and purpose of said Zoning Ordinance. Based on the foregoing, and on the Exhibits attached hereto, the applicant respectfully requests that the Town Council grant the aforementioned Zoning Mop Amendment under the Town of Agawam Zoning Ordinance Section 180-44 allowing the entirely of the subject properties to be zoned Business A. Should you hove any questions or comments regarding this Application, please do not hesitate to contact our office at your convenience. Sincerel\,-" (I!MJ> ___ , I~_ ~ 1/ Robert M. levesque, RlA, ASLA President A LAND PLANNING SERVICES COMPANY • • SECTION 2 Locus MAP 7 ,t/ ~J > • " , I I , I , : i ! ! , ,,, 'i 'I 'I , liL\ 1\ .\ ~ " , . ;'.1- ,11 :I ". 4l l' _~ ;"~'i _~ ,.il ... U~~_ SOul~t:OI Sf .. ; i ·" I. I ., . , ----~ " ',' ,i ". , . '. 'J % 'I . 1 ,-, ~ I , ,I i , , i I j '1': i ' , ' : .,: ~I\ ! ' The information depicted on this map is for planning purposes only. It is not adequate for legal boundary definition, regulatory interpretation, or parcel-level analyses. -"-J .... A"",.li. So • ... ! '¥I -.. ~~,;;.~ .. !;I ~ ~ .... AU_ A'V[ • : '" t. > .' LOCUS MAP 4/29/2013 11 :10:58 AM \'\~ r't$ '" ~ .. '11 •• ~ , .. ® 1:7200 1"=600' '-.. , \, " .... ~ .. , ... " • • SECTION 3 DEEDS • Bk 18641 Ps69 ~631 01-05-2011 a 11:530 WARRANTY DEED MASSACHUSETTS STATE EXCISE TAX HAMPDEH COUNTY REGISTRY OF DEEDS Date: 01-05-2011 a 11:53aM Ctl~: 323 Doc~: 631 Fee: $1.710.00 Cons: $375.000.00 KNOW ALL MEN BY mESE PRESENTS THAT, SPROCKET REALTY LLC, a Massachusetts limited liability company, having a principal place of business of 4 Lexinglon Circle, Southwick, Hampden County, Massachusetts, In consideration of THREE HUNDRED SEVENTY-FIVE THOUSAND AND 00/100 ($375,000.00) DOLLARS hereby grant and sell to NWST, LLC a Massachusetts limited Hability company, having a principal place of business of267 Hillside Road, Southwick, Hampden County, Massachusetts, with WARRANTY COVENANTS the land in that part of Agawam, Hampden County, Massachusetts, known as Feeding Hills, being more particularly bounded and described as follows: PARCEL 1 -26 North Westfield Street, Feeding RiDs, MA The land in that part of Agawam, Hampden County, Massachusetts known as Feeding Hills, bounded and described as follows: NORTHERLY EASTERLY SOUTHERLY WESTERLY by land now or fonnerly of H. Dowd Hastings, Four Hundred Ten (41) feet, more or less; by land fonnerly of the heirs of one Scott, now or formerly of one Hamilton, One Hundred Thirty-Three (133) feet; by land fonnerly of E. A. Kellogg, now or lately of James Cleary, in part, and now or lately ofTrevallion, in part, Four Hundred Ten (41) feet, more Or less; and by Westfield Street, One Hundred Thirty·Three (133) feet, more or less. • ~8622 Pg70 #631 PARCEL 2 -32 North Westfield Street, Feeding Hills, MA Certain real estate in that part of Agawam, known as Feeding Hills, in the County of Hampden and Commonwealth of Massachusetts, on the Easterly side of North Westfield Street, or Westfield Street, bounded and described as follows: Beginning at an iron pipe at the Northwest comer thereof of the Easterly line of North Westfield Street, and running thence EASTERLY SOUTHERLY WESTERLY NORTHERLY by land now or formerly of one Stebbins, about Four Hundred Twenty- Seven (427) feet to an iron pipe at land now or formerly of the heirs of Mary A. O'Connor; thence by said O'Connor land, Sixty-Seven (67) feet to an iron pipe; thence by land now or formerly of Catherine H. O'Connor, about Four Hundred Twenty-Seven (427) feet to an iron pipe at said North Westfield Street; thence along said North Westfield Street, Sixty-Seven (67) feet to the point of beginning. Containing about Twenty-eight thousand (28,000) square feet of land. Subject to rights of American Telephone and Telegraph Company of Massachusetts under instrument dated December 4, 1905 and recorded in the Registry of Deeds for said County of Hampden in Book 691, Page 340, if applicable. Reserving to the grantor and its successors, grantees and assigns the right to drain surface water from its remaining real estate located at 1350 Springfield Street, Feeding Hills, Massachusetts described as Parcel I in the deed in Book 17352, Page 491, into the wetlands area located to the rear of the grantors remaining real estate and being a portion of the real estate conveyed herein. Provided, however, that such drainage does not result in any expansion of the existing wetlands areas as delineated in the order of conditions recorded in Book 18422, Page 539. The sale of26 and 31 North Westfield Street. Feeding Hill. Hampden Count¥. Massachasetts. does not constitute the sale of all or substantially all of the assets of Sprocket Realty, LLC. Being a portion of the premises conveyed to the Grantor herein by deed of SI. Marie Enterprises, Inc. dated June 18,2008 and at the Hampden County Registry of Deeds in Book 17352, Page 491. • ~8622 Pg71 #631 Executed as a sealed instrument this 13th day of December. dOl () COMMONWEALTH OF MASSACHUSETTS Hampden, ss. 8,0.0 On this 13 th day ofDecember~before me, the undersigned notary public, personally appeared Spero J. Phillips, Manager of Sprocket Realty LLC, proved to me through satisfactory evidence of identification, which was ~PhotOgraPhiC identification with signature issued by a federal or state governmental agency, personal knowledge of the undersigned, 0 oath or affirmation of a credible witness, to be e person whose names is signed on the preceding or attached document and acknowledged to me that he signed i 01 'ly for its stated purpose. Phil . Smith, Notary Public My commission expires: 8/12116 DONALD E. ASHE, REGISTER HAMPDEN COUNTY REGISTRY OF DEEDS / • • SECTION 4 COpy OF FILING FEE CHECK • • "" ' .. ' .Z ...................... ~.,~· .... ~·_·7~·I~·,·8 .......... 1·3·5 .. • NWST LLC 1050 HALLADAY AVENUE SUFRELD, CT 06078 DATE 4-2 2. -1..3 ~ __________ ~ ______ s_cw ___ ·~. ______________________ .. ______ __ . . .. • • SECTIONS PROPOSED ZONE CHANGE PLAN DATED 4/23/2013 • • Hi John, The newer plan is a significant improvement over the original, however, it is still the Planning Department's desire to place the parking in the rear of the building. Placing a parking lot in the front of the building will further detract from what was once one of Agawam's historic centers. An attractive building facing the street would be an asset to Feeding Hills Center and will serve as a model for future commercial development. I have spoken to Mr. DePalma about this previously and know that he is opposed to that concept. The Historical Commission also asked that the parking be place in the rear. The Planning Board's Guidelines for parking (1.5 spaces for every 200 square feet of gross floor area) are for guidance. Therefore, a slight reduction in the amount of spaces should not present a problem. I will forward this e-mail to both the Planning Board and the Conservation Commission to seek their input and will let you know if I have any support for rear parking. I will contact you as soon as I have received a general consensus. Deb Deborah S. Dachos, Director Agawam Office of Planning and Community Development 36 Main Street Agawam, MA 01001 (413) 786-0400, ext. 8738 planning@agawam.ma.us From: John Tomaszewski [mailto:johnt@rlaland.com] Sent: Thursday, April 04, 2013 11:34 AM To: Deborah Dachos Cc: 'Rob Levesque'; gwecotec@verizon.net; Michelle Chase Subject: 28, 32, 38 North Westfield Street -Proposed Retail Building -Depalma Debbie, I am writing today in hopes that you can provide us with some guidance as we move forward with the above-referenced project. In December of last year you reviewed a preliminary site plan prepared by D.l. Bean (now part of R Levesque Associates). The plan showed the proposed building centrally located on the lots and a fully paved parking lot to the front with 73 parking spaces. Said plan is attached to this email. As you are aware, the project will fall under the Conservation Commission's jurisdiction as there will be some disturbance to the wetland buffer area on the site. In an effort to provide for a more environmentally friendly project we are looking to revise the design slightly. A second plan, also attached to this email, provides for a rain garden/bio-retention basin to be centrally located within the parking lot. The building location will remain the same. As a result, there will be a reduction in the number of parking spaces; a total of approximately 46 spaces. In our experience for projects such as this (retail building), 1 space/200 sq. ft. of gross floor area provides for an adequate amount of parking. So for an 8,700 sq. ft. building, the minimum amount of parking required would be 44 spaces. The 46 spaces shown under the revised layout would be sufficient. We'd like to consider this new layout/rain garden option as we move forward, but don't want to get ahead of ourselves if the reduced amount of parking will be an obstacle to gaining approval from the Planning Board. Any input would be appreciated. Please call with any questions. Regards, John A. Tomaszewski Project Engineer • R. Levesque Associates, Inc. D.L. Bean & Ecotec Environmental Associate. P.O. Box 640, 40 School Street Westfield, MA 01086 p.413.568.0985 f.413.568.0986 rl;J1and.com facebook.coro/da1and • • Deborah Dachos From: Sent: To: John Tomaszewski Uohnt@rlaland.cc.m] Thursday, April 04, 2013 11 :34 AM Deborah Dachos Cc: 'Rob Levesque'; gwecotec@verizon.net; Michelle Chase • Subject: 28, 32, 38 North Westfield Street -Proposed Retail Building -Depalma Page 1 of 1 Attachments: 2012-11-14 -North Westfield St -DL Bean.pdf; 2013-04-04 -North Westfield St - R Levesque.pdf Debbie, I am writing today in hopes that you can provide us with some guidance as we move forward with the above-referenced project. In December of last year you reviewed a preliminary site plan prepared by D.l. 8ean (now part of R Levesque Associates). The plan showed the proposed building centrally located on the lots and a fully paved parking lot to the front with 73 parking spaces. Said plan is attached to this email. As you are aware, the project will fall under the Conservation Commission's jurisdiction as there will be some disturbance to the wetland buffer area on the site. In an effort to provide for a more environmentally friendly project we are looking to revise the design slightly. A second plan, also attached to this email, provides for a rain garden/bio-retention basin to be centrally located within the parking lot. The building location will remain the same. As a result, there will be a reduction in the number of parking spaces; a total of approximately 46 spaces. In our experience for projects such as this (retail building), 1 space/200 sq. ft. of gross floor area provides for an adequate amount of parking. So for an 8,700 sq. ft. building, the minimum amount of parking required would be 44 spaces. The 46 spaces shown under the revised layout would be sufficient. We'd like to consider this new layout/rain garden option as we move forward, but don't want to get ahead of ourselves if the reduced amount of parkin~ will be an obstacle to gaining approval from the Planning Board. Any input would be appreciated. P ease call with any questions. Regards, John A. Tomaszewski Project Engineer R. Levesque Associates, Inc. D.L. Bean & Ecotec Environmental Associates P.O. Box 640, 40 School Street Westfield, MA 01086 p. 413.568.0985 f. 413.568.0986 rlaland.com facebook.com/ rlaland 4/4/2013 THESE flAGS HAVE 8EEN MOVED NEW LOCATION Of flAGS LAND N/f SRAGAR.o.US. LLC lAND N/F CAR~EN A. BOnA "'0 D,jIODlO BonA 21.11" LANO N/F CO'r'OTE: R£ALTT. W:. S O\·2.·.~· W :UO.20' ,~. 61.00' • '\'&\ ;~ . ~ • ·~6 ~,,-~ r: ~ \ . ~UIollTSOF ~ ~D "-... \ , \ DETENTION "-... , • U-l B,l.SIN ~ '.~ \ '" 'jG. 0 ~~ ~ - --t~UFFER .f. 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