8714_ZONE CHANGE - 32 NORTH WESTFIELD STREET.pdf'6 71Y-
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WHEREAS, NWST, LLC is the owner of a parcel of land situated at 32 North Westfield
Street, Agawam, Hampden County, Massachusetts; and
WHEREAS, NWST, LLC desires to change the zoning from its current classification
which falls within three zoning districts, Business A, Residence A-2 and Agricultural; and
WHEREAS, the eastern (rear) portion of the property is zoned Agricultural and the
western (front) portion is zoned Business A and a small area in front is zoned Residence A·2;
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 of32
North Westfield Street to Business A in its entirety.
NOW THEREFORE, the AGAWAM CITY COUNCIL hereby resolves to change the
zoning on the following parcel of land from Business A. Residence A-2 and Agricultural to
Busiuess A District:
Current owner: NWST.LLC
Property Address: 32 North Westfield Street
Assessor's Parcel ID: EIO-2-13 which parcel of land is further described on exhibit "A" whichis
attached hereto and incorporated herein by reference.
Dated this _R%-CL)_' __ day of >Ault= ,2013.
PER ORDER OF THE AGWAM CITY COUNCIL
M>PROVED S TO FORM AND LEGALITY
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. Gioscia, City Solicitor b n tiUl
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MAYORAL ACTION
Received this __ C1~. ,-~_'\____ -""<".-.f-"--'-'---+----' 2013 from Council Clerk.
Signed by Council President this ___ ""--____ day of III I tr ' 2013.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Aga~harter, as
~!~t rrebY approve the passage of the above legislation on this ~ day of
_~..'>...J--,---=-,lcrrF-'---' 2013.
/2---c~~-
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 ofthe 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 __ ~_I-_'1 __ day of SL0 ~ ,2013.
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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 Hills, 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 formerly of H. Dowd Hastings, Four Hundred Ten (41)
feet, more or less;
by land formerly of the heirs of one Scott, now or formerly of one
Hamilton, One Hundred Thirty-Three (133) feet;
by land formerly of E. A Kellogg, now or lately of James Cleary, in part,
and now or lately of Trevallion, in part, Four Hundred Ten (41) feet, mClre
or less; and
by Westfield Street, One Hundred Thirty-Three (133) feet, more or less.
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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 0 I 00 I
Dear Councilors:
Tel. 413-786-0400 Fax 413-786-9927
RE: Zone Change Requests (3) -26,32 and 38 North Westfield St. -NWSTLLC
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At its duly called meeting held onJune 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
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"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.
Sincerely, ~Y0~~~~
Travis P. Ward, Chairman
AGAWAM PLANNING BOARD
cc: Clerk, Solicitor, Board of Appeals, File
TO:
FROM:
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Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413~786-9927
MEMO
AGAWAMPL~GBOARD
DEBORAH S. DACHOS, DIRECTOR
OFFICE OF P~G AND COMMUNITY DEVELOPMENT
SUBJECT: . Zone Changes -NWST LLC -North Westlield 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 charige for a portion of26 and 32
North Westfield Street from Agriculture to Business A. At 38 North Westlield 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, tru~k gardens, greeilhouses and natural ice-harvesting activities and
buildings or structures aCcessory thereto.
C. Buildings or shelters for the sale offami products, provided that a major portion of the products
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offered for sale at all times are raised on the premises and no advertising of products other than those
raised on the premises shalI be displayed.
D. The processing of forests and wood lots by portable woodworking milIs 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 land 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 Agricultura1 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 filIing 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.
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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-I; amended 3-8-2000 by TOR-2000-I)
H. Drive-through service windows utilized by any business shall require a special permit from the
Board of Appeals in conformance with § 180-1 1. [Added 9-20-1997 by TOR-97-8]
1. 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.
Envirogmental 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 Cogsiderations
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.
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PARCEL MAP
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The informafion 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
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ZONING MAP
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.
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NWST LLC -26, 32, 38 North
Westfield Street -Zoning
Map
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WETLAND MAP
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The information depicted on this map is for
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Agawam Zoning Ordinance
Section 180-37, Section 180-23 and Section 180-44
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§ 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.
Residence 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 Qr 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 wl1ich 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 05 -15 • 2006
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§ 180-26 ZONlNG .§ 180-29
§ 180-26. Yards.
A. Side yards.
(1) There shall 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 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 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.
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§ 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.
§ 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 an.d 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 Suffteld 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-ZOOt-I]
§ 180-38. Height regulations.
Buildings or structures pennitted in this zone under § 180-37 A shall not exceed the heights
permitted in § 180--24 of this chapter. For other buildings pennitted 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 3S 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
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§ 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 stieet 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 I ()() 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 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 alDng 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 os -IS· 2006
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§ 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.
§ 180-44. Pennitted uses.
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./ ARTICLE vm "'\
'" Business A Districts \ ~"'o~__ / -----_/
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, haIls 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 .. 2002-53j
(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 05· IS • 2006
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§ 180-44
(2)
ZONING § 180-45
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 pUIpose 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)'
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 § 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] .
(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) the 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 parlcing or loading requirement below 30 spaces.
1. Drive-through service windows utilized by any business shall require a special pennit
from the Board of Appeals in conformance with § 180-1 I. [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·2004-5j
§ 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 o~n~air transient parking as a penniued use, was repealed
6-18·2007 by TOR·2007-6.
180:31 07·01 • 2008
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§ 180-46 AGAWAM CODE § 180-48
§ 180-46. SetbackS; yanls; 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 premi ses 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 s.o 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 pelJIlitted 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 penni!.
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§ 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
cotlstructiotl, 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
I
••
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 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
.icy.R,.~
Sergeant Richard Niles
Safety Officer
Agawam Police Department
Revie ~proved by
...: ~-
ieuten Eric Gillis
Traffic Bureau Commander
Agawam Police Department
• t
Memorandum
To: Planning Board
CC : Chief Robert Campbell
From: Sergeant Richard Niles
Date: 5/20/201 3
•
Re: Zone Change -32 North Westfield' SI. -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 eoncem of the Police Department's is the negative impact on pedestrian safety
this zone change could create. The sidewalk in front of 32 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
J4.-g .~
Sergeant Richard Niles
Safety Officer
Agawam Police Department
raffic Bureau Commander
Agawam Police Department
RECE\VED
Mf;.'i ~ 8 'LOn
A.GA.WA.M 0
PLAtunNG aOA.R
1
•
~
Memorandum
To: Planning Board
. cc: Chief Robert Campbell
From: Sergeant Ri cnard Niles
Date: 5/20/20 13
•
Re: Zone Change -38 N0l1h 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 concem 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 ofboth the Agawam Junior High School and
Granger Elementary School use to travel to and from those schools. Commercial
development of this parcel may add vehicu lar traffic crossing over said sidewalk
placing student pedestrians into harms way.
Respectfully Submitted
-W -A .~
Sergeant Richard Niles
Safety Officer
Ag~wam Police Department
Traffic Bureau Commander
Agawam Police Department
RECE\VED
1,\f~~2 S 20n
(>'GAN~~"RO 1 p\..(>.NN\
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 Mineo
Donald M Rheault
Robert E. Rossi
ADMINISTRATIVE
ASSISTANf
Barbara A. Bard
TELEPHONE
(413) 726-9716
FAX
(4/3) 726-9717
EMAIL
bbard@agawam.ma.us
• • AGAWAM CITY COUNCIL
36 MAIN STREET
AGAWAM, MASSACHUSETTS 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 ofthe 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-20 \3-9 (TOR-2013,6) -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-2013-9 (ZC-2013-2)-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-2013-11 (ZC-2013-4) -A Petition for Zone Change fOT Parcel
Owned by NWST, LLC located at 38 North Westfield Street
If you have any questions, please do not hesitate to contact me.
Sincerely,
,.f qQ-J.:::-x)
\ "----Christopher C. J nson, President
Agawam City uncil
CCJlbb
cc: Full. Council
Mayor
Solicitor
RECEIVED
MAY 30 zan
AGAWAM
PLANNING BOARD
•
Memorandum
To: Planning Board
CC: Chief Robert Campbell
From: Sergeant Richard Niles
Date: 5/20/2013
•
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
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 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 this parcel may add vehicular traffic crossing over said sidewalk
placing student pedestrians into harms way.
Respectfully Submitted
J4.-g~J
Sergeant Richard Niles
Safety Officer
Agawam Police Department
raffic Bureau Commander
Agawam Police Department
RECE\VED
\oAA'i 'L S 2\1\3
AGAWAM
PLANtUNG BOARD
1
• • Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1831
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 charige for a portion of 26 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 offami 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 land 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 ofroom 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, if licensed 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-2oo0-I]
H. Drive-through service windows utilized by any business shall require a special permit from the
Board of Appeals in conformance with § ISO-l 1. [Added 9-20-1997 by TOR-97-S]
J. No more than four automatic amusement devices dilly 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.
Enyironmental 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 Copsiderations
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 t; '01 ---9 6 ~ ~ 1t273 SF
" .. J 24 • g ......
•
7 • 11273 SF • 8
S J2S,,25 ! 2.10AC
11
II ...... --'25 "
•• 10 • • a
9
• • 11 ,.'" AC . ' 11213 SF ;:: a :
/ ,. '.M ...
-12 ...... ......
16911 SF
36
427.17 lS035 SF
13 ~
;
21611 SF ~ •. 32 • 'I:., .au
14 • ~ 1.30 AC
. ..., 141.1' 101.1"
15 ~ 20
135CM Sf' 17500 SF
1tl.Oe
20 17 : • 20473 SF .. :
111.44 ~ .,
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
,. .....
21S.'t.
sP'llMGf(fLO S1'
NWST LLC -26, 32, 38 North
Westfield Street -Parcel
Map
5/21/20133:37:20 PM
.....
eN
1 :1296
1"=108'
• !
21
3.3' AC
.".
,,~
-57.11
• •
ZONING MAP
36
15035 SF
..... -I:-
Bu&ln .. '"
20
20473 SF
----',
,---e
12
118.1 SF
Q7.e7
13 , " ~ 21681 Sf
431.6
"
14
1.30AC
11l.U 147.1'
..
Bus.JneuA
15 "
13504 SF
Right ofW"
17
1.31 AC
..
9
1.41 AC
"'-"
AOrlc~br.al
j
I uoo
8
2.10AC
......
20
17500 SF
• •
..-l
!
!
• 5
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 -Zoning
Map eN
5/21/20133:33:33 PM
1 :1296
1"=108'
21
3.31 AC
o.
• •
WETLAND MAP
• •
7
I 112n Sf
S
" ~
" ~
:' I I
[.
I,..,
"US
".
'1U2
• f
10
I
11
11273 Sf
•
15
12
HI'" SF
4I1.t7
13
2.11. SF
"' ..
14
1.30AC
141.11
9
1 ..... AC
... ......
>
8
2.10AC
, ....
135045'"
20
1nooSF
flU.
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.
17
1.31 AC
" .....
11111
.,.-
,,,.
DePalma Zone Change -
Wetlands Map
5/21/20131:14:56 PM
• t
"." ~
• !
1 :1296
1 "=1 08'
57.11
4
15170 sF
• •
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.
ARTICLEm--
'. Residence A-2 Districts . -.
§ 180-23. Pennitted 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 pennitted 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 priviJegeherein 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:
(I) 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 05·15·2006
I
:'.
I
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§ 180-26 ZONING § 180-29
§ 180-26. Yards.
A. Side yards.
(I) There shall 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 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 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
!he 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.
§ 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 wpod 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 land adjacent to
agriculturally zoned land and by special permit. [Added 2·20·2001 by TOR.2001·1]
§ 180·38. Height regulations.
Buildings or structures permiited in this zone under § 180-37A 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 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 -IS -2006
•
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§ 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 stieet 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 labcratory 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 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 dtug 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 bu ilding purposes.
180:29 os -IS • 200/i
------1.~-•
§ 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
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I
I
t
•• •
§ 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, eltciusive of farm equipment .
§ 180-44. Permitted uses.
. ~ .. -----
/' ARTICLE ~~
!, Business A Districts \
"\-.... -~ .. -~_.../)
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 fumish 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, altenng, 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.!ete
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]
(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 .1S • 2006
I
I
§ .180-44
(2)
ZONING § 180-45
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)'
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 § 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-2000-1J .
(I) The parking or loading requirements set forth in this subsection may be reduced as
part of the speci81 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) the 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.
1. 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-S]
§ 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 permilled in Residence B Districts.
7. Editor's Note~ Former Subsection F~ which provided for open-air transient parking as a permjUed use, was repealed
6-18·2007 by TOR-2007-6.
180:31 07. OJ • 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 s,o 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 pevrutted 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-86·6j
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
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.1
• Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
May 20, 2013
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,
A~ ;: tDu.~ u~
Travis P. Ward, Chairman
AGAWAM PLANNING BOARD
TPW IDSD:prk
BRAGARAUS LLC"
c/o FITNESS FIRST INC.
60 NORTH WESTFIELD ST
FEEDING HILLS, MA 01030-
BEAN DANIEL C JR v "
BEAN MICHAEL R
136 MARSDEN ST
SPRINGFIELD, MA 01109-
GUA Y TIMOTHY M
GUAYHEIDIA
•
45 NORTH WESTFIELD STREET
FEEDING HILLS, MA 01030-
NWSTLLC·
267 HILLSIDE RD
SOUTHWICK, MA 01077
NWSTLLC l
267 HILLSIDE RD
SOUTHWICK, MA 01077
/ SPROCKET REALTY LLC"
4 LEXINGTON CIR
SOUTHWICK, MA 01077
MURPHY BARBARA V
35 NORTH WESTFIELD
FEEDING HILLS, MA 01030
/ COYOTE REALTY LLC HJ AGAWAMREALTf/
PARTNERSHIP
7 MOSHER ST 98 CUTTER MILL RD
WEST SPRINGFIELD, MA GREAT NECK, NY 11021-
DAMON E STEVEN ~. BRAGARAUS LLC i
C/O FITNESS FIRST INC.
64 PALOMBA DR 60 NORTH WESTFIELD ST
ENFIELD, CT 06082-3844 FEEDING HILLS, MA 01030-
SLOSEK ROSE-MARIE "
54 NO WESTFIELD ST
FEEDING HILLS, MA 01030-
FEEDING HILLS l/
CONGREGATIONAL CHURCH
21 NO WESTFIELD ST
FEEDING HILLS, MA 01030-
/
WILLIAMS LYNETTE )(
14 NO WESTFIELD ST
FEEDING HILLS, MA 01030-
GRAND RUN HOLDINGS 1, LLe
ATTN JAMES D. JEPEAL CPA
15 WINTHROP ST
TARIFFVILLE, CT 06081
BOTTA CARMEN A 1.-./
BOTTA EMIDDIO
44 NO WESTFIELD ST
FEEDING HILLS, MA 01030-
NWSTLLC""
267 HILLSIDE RD
SOUTHWICK,MA 01077
PRIDE CONVENIENCE INa>"
246 COTTAGE STREET
SPRINGFIELD, MA 01104-
! GRAND RUN HOLDINGS 1, LLt
ATTN JAMES D JEPEAL CPA
15 WINTHROP ST
TARIFFVILLE, CT 06081
•
LEGAL NOTICE
TOWN OF AGAWAM
PLANNING BOARD
•
The Agawam Planning Board will hold a public hearing on Thursday, June 6, 2013 at 7:10 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 32 North Westfield Street
from Business A, Residence A-2 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 5123/13 & 5/30/13)
cc: Planning Boards of:
PVPC
Southwick
Springfield
West Springfield
Westfield
Suffield, CT
Dept. Of Housing & Community Development
UGAL NOI'ICE
TOWNOFAGA~
PLANNING BOARD
The Agawam Planning
Board will hold a · public
hearing on Thursday, June
6, 2013 at 7:10 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 32
North Westfield Street from
Business A, Residence A-2 .
and Agricultural to all Buti-.
ness A. Copies of the-pro-
posed 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, Aga-
wam.MA.
BY ORDER OF:
Travis P. Ward, Chainnan
Ai.warn P1annin& Board
5123,5I3(WI3
N
-""--
• • 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
Heal th Department
Conservation Commission
Engineering DepartmentlDPW
, Board of Appeals
School Committee
Assessors
FROM: Planning Board
,DATE: May 14,2013
SUBJECT: Zone Change--32 North Westfield St.-Business A, Residence A-2 & Agricultural
to all Business A
The Planning Board will be holding its public hearing on a Zone Change request for 32 North
, Westfield Street on Thursday, June 6, 2013. The property is currentlyzoned Business A,
Agricultural and Residence A-2 and the request is for all Business A. We would appreciate any
comments you may have prior to this hearing.
Sincerely, ,
---.;Jl .' f ~ I U./c.-.L? ~ .,:.('
Travis P. Ward, Chairman
AGA W AM 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
E 10 2 14, El0 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
MAY 0 2 2013
AGA.wAM
PI 4NII.i'IUt': &::11'\ A Oft
•
Zone Change Petition
Application, Norrative & Supporting Documents
April 20 13
Subject Property:
32 North Westfield Street
Parcel E10 2 13, Agawam, MA
RLA Project # 1 20929
Applicant:
NWST, LLC
267 Hillside Rood
Southwick, MA
•
R LEVESQUE ASSOCIATES, INC
A LAND PLANNING SERVICES COMPANY
40 School Street, P.O. BOX 640, Westfield, MA 0 I 085
P 41 3.568.0985 . f 4 I 3.568.0986 . www.rlaland.com
ITEM
Title Page
•
TABLE OF CONTENTS
Zone Change Petition
•
North Westfield Street (parcel EIO 2 13)
Agawam, MA 01001
SECTION
Zone Change Petition Letter ............................................................................... 1
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
~ LE~ESQUE ASS"IATES, INC. • 40 SchooIStrf:lEt, P.O. BOX 640, WEstfield, MA 01085
P 413.569.0985 . f 413.568.0986 Ulww.rliltiOmd.com
April 23, 2013
Mr. Donold M. Rheoult . President
Agowam Town Council
36 Ma i n Street
Agawam, MA 01001
RE: Petition for Zone Change
North Westfield Street (Parcel E 1 0 2 13)
Agawam, MA 01001
RLA Proiect # 1 20929
Dear Mr. Rheault & Councilors:
On behalf of NWST, LLC, the owner of the above 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 13 on North
Westfield Street in Agawam, MA.
Prooerty Designation:
The subiecl property is known as Parcel E10 2 13 on the Agawam Assessors Mapping. The parcel address is 32 North
Westfield Street, Agawam, MA. The subiect property falls within three zoning districts: Business A, Residence A-2 and
Agricultural. The eastern (rear) portion of the property is zoned Agricultural. The maiority of the western (front) portion is
zoned Business A. A small area of the front portion is zoned Residence A-2.
Zoning Map Amendment (Zone Change) Sought:
The petitioner seeks an amendment (Zone Change) to the Town of Agawam Zoning Map for parcel E10 2 13 and, as set
forth in section 1 BO-3 of the Town of Agawam Zoning Regulations, to allow the entirety of the parcel to be rezoned to
Business A.
A LAND PLANNING SERVICES COMPANY
R Le~eSQUe ASS~ATES, INC. • 40 School StrEEt, P.O. BO)( 640, WEstfield, MA 0 1085
P 413568.0995 . f 413.568 .0986 . WWW.l.laland.com
Reason for the Zoning Mop Amendment:
The aforementioned Zone Change is being requested to allow for a proposed retail development to be constructed within
the subject property. By granting the aforementioned Zone Change, the Council will be allowing the applicant to pursue an
economically viable and historically sensitive retail development within the subject parcels.
Argument:
a. Facts to support a finding that the Zone Change will be desiroble and without substantial detriment to 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 property frontage and the traffic adjacent to the porcel provides a healthy market for
potential retailers.
3. The surrounding properties are commercial uses to the south, eost and west. To the north, residential uses
and a fitness center make u th a ing pr erties.
Petitione . "-,-;=£~~~'.L....t!l~z.:E[L~::J::-:::!"
Understanding the aforementioned, the Zoning Map Amendment (Zone Change) requested herein is not detrimental to the
public good, and does nat substantially derogate from the intent of and purpose of said Zoning Ordinance.
Bosed on the foregoing, and on the Exhibits attached hereto, the applicant respectfully requests that the Town Council grant
the aforementioned Zoning Map 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 have any questions or comments regarding this Application, please do not hesitate to contact our office at your
convenience.
Robert M. Levesq ue, RLA, ASLA
President
A LAND PLANNING SERVICES COMPANY
• •
SECTION 2
Locus MAp
7
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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.
• , ..
'" •
. ~ •
LOCUS MAP
4/29/201311:10:58AM
®
1:7200
1"=600'
• .-" .-,
co.
•
• •
SECTION 3
DEEDS
r • Bk 18641 Pg69 ~631
01-05-2011 & 11=53a
WARRANTY DEED
MASSACHUSETTS STATE EXCISE TAX HAMPDEN COUNTY REGISTRY OF DEEDS
Dnte: 01-05-2011 a 11'53aM
Ctl~l 323 Doc~' 631 fee: $1.710.00 Cons: $375.000.00
KNOW ALL MEN BY THESE PRESENTS THAT, SPROCKET REALTY LLC, a
Massachusetts limited liability company, having a principal place of business of 4 Lexington
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 liability company, having a
principal place of business of 267 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 Hills, 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 formerly of H. Dowd Hastings, Four Hundred Ten (41)
feet, more or less;
by land formerly of the heirs of onc Scott, now or formerly of one
Hamilton, One Hundred Thirty-Three (133) feet;
by land formerly of E. A. Kellogg, now or lately of James Cleary, in part,
and now or lately of Trevallion, 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 0/26 and 32 North Westfield Street, Feeding Hill, Hampden County, Massachusetts,
does IIOt constitute the sale 0/ all or substantially all 0/ the assets 0/ Sprocket Realty, LLC.
Being a portion of the premises conveyed to the Grantor herein by deed of St. 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. aO l Q
COMMONWEALTH OF MASSACHUSETTS
Hampden, ss.
/l,ao
On this 13110 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 bl 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 llie person whose names is signed on the preceding or
attached document and acknowledged to me that he signed i olu 'Iy 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
•
.'i . .. ':. -. ,,'
•
...................... ~.,~· .... 5·3-7·2w·2·,,·8 .......... 1·3·5 .. •
NWSTLLC
1050 HALLADAY AVENUE
SUFFIELD, CT 06078
MEMO
.......
...
-
-•
SECTIONS
PROPOSED ZONE CHANGE PLAN DATED 4/24/2013
g
Co d OJ Ol
f
LEGEND
EXISTING ZONE LINE
PROPOSED ZONE LINE
REVISION: DATE:
SCALE: I" = 40' DATE: 4/2412013 JOB NO,: 120929 ·
LAND N/F
CARMEN A. BOlTA
AND
EMIDDIO BOlTA
RESIDENCE A-2
EXISTING
HOUSE#38
S 74' 32' 46· W
22.37'
S 88'17 19"W
76.52
1 82.52' -S 87' 16'53· W
LAND N/F
WILMONT R. TREVALLION
S 85'15'.35" E 421.69'
I~
LAND N/F
BRAGARAUS, LLC.
-
~ MAP E10 PARCEL 12 1;5 AREA = 25,327 SQ. FT. ~ I ~
'<: 7' S 86'38'34" W 427.6
MAP El0 PARCEL 13
AREA = 28,686 SQ. FT.
BUSINESS A
AGRICUl ruRAL
r"-"-' , , ,i
-S 86'38'34" W 431.61'
N 2' 00' 05" E
169.28'
9.01' "
tn:>"
5:: !\l ~c:)
EXISTING ZONE LINE
~~ "i S! MAP El0 PARCEL 14
:>.. ~ AREA = 56,695 SQ. FT.
AGRICULTURAL 138.17'
AREA TO BE CHANGED TO
"BUSINESS A" ZONE
108.94'
BUSINESS A S 88'17'352 147.18' -5 86'32'20" W
LAND N/F
PRIDE CONVENIENCE INC.
LAND N/F
SPROCKET REALlY LLC
b
{'oj o '" ('oj
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f"
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Vl
LAND N/F
COYOTE REALlY, 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 (Mapi E10 Parcel 12,13 AND 14)
FOR
NWSTLLC