8715_ZONE CHANGE - 38 NORTH WESTFIELD STREET.pdf'67 \ s-
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LEGEND
EXISnNG ZONE LINE
PROPOSED ZONE LINE
REVISION: DATE:
SCALE: I" = 40' DATE: 4/24/2013 JOB NO,: 120929
'0 o Co d Cl Cl
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,
LAND N/F
CARMEN A. BOTTA
AND
EMIDDIO BOTTA
RESIDENCE A-2
S 74' 32' 46" W
22 . .37'
EXISTING
HOUSE#.38
S 88"17 19"W
76.52
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S 85'15'.35" E 421.69'
LAND N/F
BRAGARAUS, LLC.
-
MAP El0 PARCEL 12
AREA = 25,327 SQ. FT.
S 86'38'34" W 427.67'
MAP El0 PARCEL 13
AREA = 28,686 SQ. FT.
BUSINESS A
AGRICULTURAL
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in ~ a .. ~ ,..,: '" ~~r~----------------~=i~~~~'-----:~~~::~~;-~~ _ S 86'38'34" W 431.61 ~ :'
AREA TO BE CHANGED TO ~
"BUSINESS A" ZONE ~
182.52' -S 87'16'53" W
LAND N/F
WILMONT R. TREVALLION
N 2' 00' OS" E
169.28'
9.01'~
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EXISnNG ZONE LINE
~~ Vi ~ MAP El0 PARCEL 14
:.. ~ AREA = 56,695 SQ. FT.
AGRICULTURAL 138.17'
BUSINESS A S 88'17'35::,,!-147.18'
LAND N/F
PRIDE CONVENIENCE INC.
108.94' -S 86'32'20· W
LAND N/F
SPROCKET REALTY LLC
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LAND N/F
COYOTE REALTY, LLC,
PROPERTY SHOWN IS OWNED BY
NWST,LLC
SEE H.C.R.D. BOOK 18622 PAGE 69
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ALSO PAGE 72
""" .... ~~t-J\ 1I11r--R:LE~Qtffi~~mEs~:-lPI~Fcm~wrn~Uffl~~~" ~ R LEVESQUE ASSOCIATES, INC PLAN FOR PROPOSED ,ZONE CHANGE
A Land Planning Services Company ,tV ,
. '>: r '"
40 School Street· P.O, Box 640 . Westfield, MA 01086
ph: 413.568.0985 fax: 413.568.0986 rlalaod.com
26,28, and 32 North Westfield Street (Mall> EI0 Parcel 12,13 AND 14)
FOR
NWSTLLC
, •
ZC-2013-4
WHEREAS, NWST, LLC is the owner of a parcel of land situated at 38 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, Residence A-2 and Agricultural; and
WHEREAS, the eastern (rear) portion of the property is zoned Agricultural and the
western (front) portion 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 of 3 8
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 Residence A-2 and Agricultural to Business A
District:
Current owner: NWST,LLC
Property Address: 38 North Westfield Street
Assessor's ParcellD: EIO-2-12 which parcel ofland is further described on exhibit "A" which is
attached hereto and incorporated herein by reference.
Dated this ~~ dayof 0CUtr
PER ORDER OF THE AGWAM CITY COUNCIL
60 :t; :.(j
,2013.
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MAYORAL ACTION
Received this Q-/'h day of CIIA..\ If) ,2013 from Council Clerk.
Signed by Council President this 3-th day of (f u.... \';1 ,2013.
APPROVAL OF LEGISLA nON
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby approve the passage of the above legislation on this CJ'I'h. day of
J\.'u'j ,2013.
;{2/~d'£L /
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby veto the passage of the above legislation on this day of
_________ , 2013 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this __ Cfh--l.-___ day of :::rI-JlA
S
,2013.
. , • ~18622 Pg74 #632
EXHIBIT "A"
Certain real estate situated in that part of Agawam, Hampden County, Massachusetts, known as
Feeding Hills, bounded and described as follows:
Beginning at a stone bound in the easterly line of North Westfield Street marking the
northwesterly comer of land now or formerly of LaRiviere; thence
NORTIIERLY
EASTERLY
SOUTHERLY
WESTERLY
on said land of said street, ninety (90) feet to a point at land now or
formerly ofL. & W. Realty, Inc; thence
on last named land at right angles with said Easterly line of North
Westfield Street, four hundred twenty-five and 251100 (425.25) feet to
land now or formerly of Verne Spear; thence
at right angles with the last described line and on said land of Verne Spear,
thirty (30) feet to said land now or formerly of LaRiviere; and thence
along last named land, four hundred twenty-seven (427) feet to the stone
bound at the place of beginning.
Subject to rights of the American Telephone and Telegraph Company under instrument dated
December 4,1905 and recorded in Hampden County Registry of Deeds in Book 691, Page 340.
Being the Premises conveyed to the Grantor by deed recorded in Book 18483, Page 127 of the
Hampden County Registry of Deeds.
5783-0004381210951
DONALD E. ASHE, AEGi$iEA
HAMPDEN COUNTY REGISTRY OF DEEDS
• Town • • of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
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 0 100 I
Dear Councilors:
RE: Zone Change Requests (3) -26,32 and 38 North Westfield St. -NWST LLC
At its duly called meeting held on June 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.
~YW8-Ao-1
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 charige 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 of fami 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
O. 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 mling or service stations,
provided that not more than 30,000 gallons of gasoline shall be stored on the premises. '
F. Cabins, iflicensed under MOL 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 § 180-1 1. [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.
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
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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.
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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.
13
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431.8
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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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Wetlands Map
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• •
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. Permitted uses.
--ARTICLEm
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
pUIpose 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 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 05·15·2006
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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
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 VII " ~cuJtu.rlll 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. Fanos, 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 land adjacent to
agriculturally zoned land and by special permit. [Added 2-20-2001 by TOR-2001-l}
§ 180-38. Height regulations.
Buildings or structures permitted in this zone 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 os -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. u,t size.
No lot shall be used for residence purposes with a frontage of less than 120 feet on a s!teet or
an area of less than 20,000 square feet.
§ 180-42. u,t 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 pennitted 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 pennitted 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 flfty-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 iJ,n 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.
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, 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 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·2004.17j
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 05·15·2006
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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 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; amepdec! 3-8-2000 by
TOR-2000-1]
(I) The parking odoading 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 individiJally) 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.
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-W-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-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 permitted in Residence B Districts.
7. Editor's Nok: Former Subsed.ion F. which provided for open-air transient parking as a permitted use, was repealed
6·18·2007 by TOR-20ll7·6.
180:31 07·01 -2008
•
§ 180-46 AGAWAM CODE
§ 180·46. Setbacks; yards; loading areas,
A Setbacks shall be at least 35 f~et.
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 ~specially 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 per:mitted in
§ l80-44A 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.
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§ 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 strucrures 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 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.
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Memorandwn
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
¥,R.~
Sergeant Richard Niles
Safety Officer
Agawam Police Department
Revie ~proved by
...; ~,
ieuten Eric Gillis
Traffic Bureau Commander
Agawam Police Department
•
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 detrimentaito 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 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
l--t:t-ft~
Sergeant Ri chard Niles
Safety Officer
Agawam Police Department
~rovedbY
.-: dd;
ieutenant ric GiJ/is
raffic Bureau Commander
Agawam Police Department
RECEtVED
w;.,'( 'l. S ~O\3
AGAWAM D
pl.ANN1NG BOAR
1
•
j
Memorandum
To: Planning Board
. cc: Chief Robert Campbell
From: Sergeant Richard Niles
Date: 5/20/2013
Re: Zone Change -38 NOlih Westfield Sc -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 of38 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 studentpedestrians into harms way.
Respectfully Submitted
~!.A.~
Sergeant Richard Niles
Safety Officer
Agawam Police Department
e~rOVedbY
-dM
ieutenant ric Gillis
Traffic Bureau Commander
Agawam Police Department
RECE'"ED
tA/l.'{'}. S 'l.1\\l
P\..A~~~~~~f\O 1
PRESIDENT
Christopher C. Johnson
VICE PRESIDENT
Dennis J. Perry
COUNCILORS
George Bitzas
Cecilia P. Calabrese
Paul C. CavaI/o
James P. Cichelti
Gina M Letellier
Robert A. Magovern
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, 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 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-20l3,6) -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-20 I 3-2)-A Petition for Zone Change for Parcel Owned by
NWST, LLC located at 26 North Westfield Street
• PH-2013-10 (ZC-20l3-3) - A Petition for Zone Change for Parcel
Owned by NWST, LLC located at 32 North Westfield Street
• PH-20B-II (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,
Christopher C. J nson, President
Agawam City uncil
CCJlbb
cc: Full Council
Mayor
Solicitor
RECEIVED
MAY 30 l013
AGAWAM
PLANNING BOARD
•
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 of38 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
Q j A.7lJ?::;J ~ Sergeant Richard Niles
Safety Officer
Agawam Police Department
Traffic Bureau Commander
Agawam Police Department
RECE\VED
tJ,/l.'('L S '1.\l\l
AG~N~~~t\O 1
p\J\NN\
·) .) 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 charige 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.
ZooiD!: .
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 of fami products, provided thilt 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 agricultura1ly
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
O. 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 MOL c. 140, § 32A to 32E, inclusive.
e, , .:
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 § 180-1 I. [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.
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.
SummaO'
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.
e ; .!
PARCEL MAP
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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.
• n
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5/23/201312:11:39 PM
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1:2808
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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 and 38
North Westfield Street -
Zoning Map
5/23/201312:08:50 PM
®
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WETLAND MAP
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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.
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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.
--ARTICLE III
" 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 pennitted in a Residence A-I District.
B. A one-family detacbed 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. ID. 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 folJowing 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· IS -2006
I .
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§ 180-26 ZONlNG § 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.
(1) 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 afrontageof 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.
§ 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 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-200t-t]
§ 180-38. Height regulations.
Buildings or structures permitted in this zone 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
li.mitation 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 \00 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. lAlt 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 feel.
§ 180·42. lAlt 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 iilterior 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 tbe
ground level. Not over 25% of the land sball 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 bomes 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 -15 • 2006
§ 180-43 AGAWAM CODE § 180-44
D. Nonprofit golf :ourses shall be permitted. Golf courses operated for profit shall be
permitted with bat 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.
-
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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 mO.tor
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 v~
\. 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 aT 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 ofcomp,1ete
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· IS ·2006
I
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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 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, ilic!usive.
H. 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-WOO-I)
(I) The parking orloading 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 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. 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 8S a permitted use, wos 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 35 feet.
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 per:mitted in
§ 180-44A shall comply with the requirements prescribed for Residence B Districts.
[Amended 4·7·1986 by TOR·86-6j
§ 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.
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• • 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,
·h~;:toM.~D~
Travis P. Ward, Chairman
AGAWAM PLANNING BOARD
TPWIDSD:prk
BRAGARAUS LLC
c/o FITNESS FIRST INC.
60 NORTH WESTFIELD ST
FEEDING HILLS, MA 0/030-
LEGARE SHARON J.
65 NO WESTFIELD ST
FEEDING HILLS, MA 01030-
BRAGARAUS LLC
C/O FITNESS FIRST INC.
60 NORTH WESTFIELD ST
FEEDING HILLS, MA 01030-
BOTTA CARMEN A
. BOTTA EMIDDIO
44 NO WESTFIELD ST
FEEDING HILLS, MA OJ030-
NWSTLLC
267 HILLSIDE RD
SOUTHWICK, MA 01077
PRIDE CONVENIENCE INC
246 COTTAGE STREET
SPRINGFIELD, MA 01104-
•
GRAND RUN HOLDINGS I, LLC
ATTN JAMES D JEPEAL CPA
15 WINTHROP ST
TARIFFVILLE, CT 06081
COYOTE REALTY LLC
7 MOSHER ST
WEST SPRINGFIELD, MA
BEAN DANIEL C JR
BEAN MICHAEL R
136 MARSDEN ST
SPRINGFIELD, MA 01109-
GUAY TIMOTHY M
GUAYHEIDIA
45 NORTH WESTFIELD STREET
FEEDING HILLS, MA 01030-
NWSTLLC
267 HILLSIDE RD
SOUTHWICK, MA 01077
NWSTLLC
267 HILLSIDE RD
SOUTHWICK, MA 01077
SPROCKET REALTY LLC
4 LEXINGTON CIR
SOUTHWICK, MA 01077
MURPHY BARBARA L
35 NORTH WESTFIELD
FEEDING HILLS, MA 01030
•
1+J AGAWAM REALTY
PARTNERSHIP
98 CUTTER MILL RD
GREATNECK,NY 11021-
DAMON E STEVEN
64 PALOMBA DR
ENFIELD, CT 06082-3844
SLOSEK ROSE-MARIE
54 NO WESTFIELD ST
FEEDING HILLS, MA 01030-
FEEDING HILLS
CONGREGATIONAL CHURCH
21 NO WESTFIELD ST
FEEDING HILLS, MA OJ 030-
WILLIAMS LYNETTE A
14 NO WESTFIELD ST
FEEDING HILLS, MA 01030-
GRAND RUN HOLDINGS I, LLC
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;20 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 38 North Westfield Street
from Residence A-2 and Agricultural to 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. ~"'.".. . '. MJI'D LEGAL N011C& or AfiAWAM BY ORDER OF: TOWN Of' AGAWAM N.ANNlNO .DOAIID
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 Development
PLANNING BOARD 'fll@ A~~w~m j!lannin~
The Agawam Planning D@af~ will H@ld ~ pYOIi€
Boatd will hold a public 1!~i!fiHe. 00 'fIIuf§dllY, JUH@
hearing on Thursday, June fi, Ug HI '!!O I'M alIH@
6, 2013 at 7:20 PM at the Ag~w~ l'Ybli€ bibfllfi'. 1~g
Agawam Public Library. 750 ~00jl@f §I\'@@I, Agaw~, MA.
Cooper Stree~ Agawam. MA. fll@ pyfP@§@ ijf ll1i! Mi!fi"~
The purpose of this hearing will lJ@ tg H@& IH@ Il@lili@n
will be to hear the ~fition 91' NW8'f, blot: fllf a ~9"@
of NWST. LLC for a zone €liang@ f@QY@§1 §H ~~ NOflH
change request on 38 North Wil§Ifi@I@ §If@@l fmm ~.§i~
Westfield Street from Resi-!\@H€@ A~~ and A~fi€YIlYfftl
dence A-2 and Agricultural mlly§jfl@§§ A. t:!ljli@§ gf 1M
to Business A. Copies of the !lfllIllj§@@ '9ft@ €Han~@ .an ft@
proposed zone change can be 9lJI3ill@!\ li'om In@ Agaw~m
obtained from the Agawam !llmmiHM {jjfj€@ 1l@lWfl@fl III@
Planning Office between the Hoof! @f ~i~tl AM and 4i~tl
hours of 8:30 AM and 4:30 I'M iH IH@ A~~wam 'fgWH.
PM in the Agawam Town Hall, ~fi Main §1f@@1, A~a~
Hall, 36 Main Street, Aga-W~, MA.
wam,MA.
BY ORDER OF:
Travis P. Ward. Chairman
Agawam Planning Board
5/23,5/30/13
AGAWAM
ZONING BOARD
OF APPEALS
;: •
• • Town of Agawam
36 Main Street Agawam, Massacbusetts 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--38 North Westfield 8t.-Residence A-2 & Agricultural
to all Business A
The Planning Board will be holding its public hearing on a Zone Change request for 38 North
Westfield Street on Thursday, June 6, 2013. The property is currentlyioned Agricultural and
ResidenceA-2 and the request is for all Business A. We would appreciate any comments you
may have prior to this hearing.
Sincerely,
--h~~ ?t~<-clp'£l<
Travis P. Ward, Chairman
AGAWAM PLANNING BOARD
TO:
FROM:
• •
INTEROFFICE MEMORANDUM
PAM KERR, PLANNING DEPARTMENT
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 ElO 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 02 2013
AGAWAM PI .61111\ul\l~ en A n~
•
Zone Change Petition
Application, Narrative & Supporting Documents
April 20 13
SubjEct Property:
38 North Westfield Street
Parcel E1 0 2 12, Agawam, MA
RLA Project # I 20929
Applicant:
NWST, LLC
267 Hillside Road
Southwick, MA
•
R LEVESQUE ASSOCIATES, INC
A LAND PLANNING SERVICES COMPANY
40 School StrE~, P.O. BOX 640, WEstfiEld, MA 0 I aas
p 4 I 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 E10 212)
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 LEVESQUE ASS"IATES, INC. • 40 School StrEEt. P,O. BOX 6"10. W<cstfiEld, MA Dloes
p 413.568.0985 . f 413.568.0 986 . WWUlrlaland com c --____ , ,,,-, _.-/
R L :\
April 23, 2013
Mr. Donald M. Rheault -President
Agawam Town Council
36 Main Slteet
Agawam, MA 01001
RE: Petition for Zone Change
North Westfield Street (Parcel El0 2 12)
Agawam, MA 01001
RLA Project # 120929
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) lor Parcel E 1 0 2 12 on North
Westfield Street in Agawam, MA.
Property Designgtion:
The subject property is known as Parcel El0 2 12 on the Agawam Assessors Mapping. The parcel address is 38 North
Westfield Street, Agawam, MA. The subject property falls within fwo zoning districts: Residence A-2 and Agricultural. The
eastern (rear) portion of the property is zoned Agricultural and the western (front) portion is zoned Residence A-2.
Zgning Map Amendment (Zone Change) Sought:
The petitioner seeks an amendment (Zone Change) to the Town of Agawam Zoning Map for porcel E 10 2 12 and, as set
forth in section 180-3 of the Town of Agawam Zoning Regulations, to allow the entirety of the parcel to be rezoned to
Business A.
Reason for the Zoning Map Amendment:
The aforementioned Zone Change is being requested to allow for a proposed retail development to be constructed within
A LAND PLANNING SERVICES COMPANY
R LEVESQUE ASS.tIATES, INC. • 40 School StN;lI!t, P.O. BOX 640, Westfield, MA 0I0B5
-----"-P 413.!:>69.0985 . f 413.568.0986 . www.rlaland.com
RLA
the subject properly. 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. Faels to support a finding that the Zone Change will be desirable and without substanticl detriment to the public
good:
1. Please see the attached Preliminary Site Plan of the proposed project. Said Plan illustrates the charaeler 01
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. Ta the north, residential uses
and a fitness center make ute a utti raperties.
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 af and purpose of said Zaning Ordinance.
Based on the foregoing, and on the Exhibits attached hereto, the applicant respectfully requests that the Town Council grant
the aloremen60ned Zoning Map Amendment under the Town of Agawam Zoning Ordinance Section 180-44 allowing the
en6rety of the subject properties to be zoned Business A.
Should you have any questions or comments regarding this Applica60n, please do not hesitate to contael our office at your
convenience.
S;"?~GrI-~·
Robert M. Levesque, RLA, ASLA
President
A LAND PLANNING SERVICES COMPANY
• •
SECTION 2
Locus MAP
'-:, ~,J
/ .. ' --~ -:
,
....
. (~~~
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The infonnation 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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LOCUS MAP
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4/29/201311:10:58AM
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1:7200
1"=600'
···':1
; \0
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SECTION 3
DEEDS
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Bk 18622 Pg72 .632
01-05-2011 a 11:53a
QUITCLAIM DEED
KNOW ALL MEN BY TIIESE PRESENTS, THAT!, Ralph DePalma, of267 Hillside
Road, Southwick, Massachusetts 01077
for consideration paid of One and noll 00ths ($1.00) DOLLAR
Grant to NWST, LLC, a Massachusetts Limited Liability Company, with offices at 267
Hillside Road, Southwick, Massachusetts 01077
With Quitclaim COllenants
1be land in Agawam, Hampden County, Massachusetts known and designated as 38
North Westfield Street more accurately described on Exhibit "AU annexed hereto and
incorporated herein.
WTINESS my hand and seal this 5th day of January, 2011.
• ~8622 Pg73 #632
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF HAMPDEN
On this 5th day of January, 2011, before me, the undersigned notary public,
personally appeared Ralph DePalma, proved to me through satisfactory evidence of
identification, -consisting of a valid driver's license, to be the person whose name is
signed on the preceding or attached document, and acknowledged to me that he signed it
voluntarily for its stated purpose.
S713-OOO4311210961
--h A. Pacella, Notary Public
ommission Expires 0812512017
Seal of Notary
2
• ~8622 Pg74 #632
EXHIBIT" A"
Certain real estate situated in that part of Agawam, Hampden County, Massachusetts, known as
Feeding Hills, bounded and described as follows:
Beginning at a stone bound in the easterly line of North Westfield Street marking the
northwesterly comer of land now or fonnerly of LaRiviere; thence
NORTIIERLY
EASTERLY
SOUTHERLY
WESTERLY
on said land of said street, ninety (90) feet to a point at land now or
fonnerly ofL. & W. Realty, Inc; thence
on last named land at right angles with said Easterly line of North
Westfield Street, four hundred twenty-five and 25/100 (425.25) feet to
land now or fonnerly ofVeme Spear; thence
at right angles with the last described line and on said land of Verne Spear,
thirty (30) feet to said land now or formerly of LaRiviere; and thence
along last named land, four hundred twenty-seven (427) feet to the stone
bound at the place of beginning.
Subject to rights of the American Telephone and Telegraph Company under instrument dated
December 4, 1905 and recorded in Hampden County Registry of Deeds in Book 691, Page 340.
Being the Premises conveyed to the Grantor by deed recorded in Book 18483, Page 127 of the
Hampden County Registry of Deeds.
S183..()()()43812109S I
DONALD E. ASHE, flEGiS'fEA
HAMPDEN COUNTY REGISTRY OF DEEDS
• •
SECTION 4
COpy OF FILING FEE CHECK
• •
'" ,.,
----------~.~----------53-720212118 135
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NWSTLLC
1050 HALLADAY AVENUE
SUFFIELD, CT 06078
~.. . •
SECTIONS
PROPOSED ZONE CHANGE PLAN DATED 4/24/2013