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8726_ZONING AMENDMENT - BUSINESS C MIXED USE.pdf~la~- 2Cf\l~ ~rdMa\-\-­ JiJSi~~~ ( .M '\ ~~d lJst. "------_.,. THURSDAY, MAY 22, 2014 I C3 AGAWAM Council gives 1st approval to business ordinance By CBIUSTOPBlR GOUDRBAU the council's open hearing. Special to The Republican "It's not going to be another The City Council voted 14 years," said Christopher 10·0 in favor of a Mixed Use C. Johnson, city council . Business C Zoning Ordinance president. "By the end of this for.the Walnut Street Exten-calendar year, if we don't sion business area during the have a private development in first in a series of readings and place, then the town's gomgto votes on the ordinance earlier step up and do what it needs this week at the Roberta Doer-to de." ing Middle School. There are currently four If passed, the new ordinance prospective buyers seeking to would replace the current develop the Games & Lanes Business A & B and Industrial building, he said. However, districts in the extension area, under the current industrial which would relax building zouing, developing the build- dimensional requirements ing would not be possible. and allow expansion, said Scott Petlock, a resident-of Deborah S. Dachos, director Ware, said during the open of planning and commuuity hearing that he is seeking to development. purchase the property and In 2010, the city conducted would hope to tumit into an an economic development enteT!ainment area withgo- study, which states that resi-kart racing. dents and elected officials' top' "I want to make this place priority is for the economic gorgeous," he said. "1 want to growth of the Walnut Exten-take a place that people don't sian area, she said. want in this town and show The Mixed Use Business C . them how a building can be Ordinance could potentially revitalized, brought back to allow for the development of life, and have the kids back in . business and residential areas there like they used to when such as assisted living spaces, they got out of high school." restaurants, cafes, artist Dimensional requirements studios, townhouses and for the district under the multiple uses for one Strue-proposed ordinance would .' lure along the Walnut Street include a maximum height of Extension area. 45 feet, with a mhlimum rear- Gasoline filling stati9ns, yard of 20 feet and a mini- adult entertainment, automo-mum front-yard of 10 feet. tive sales and industrial uses "Business A currently has would be prohibited in the a set-back of 35 feet," said area if the new ordinance is Dachos. I<SO, what it encour.-- approved. ages, is the buildings to be sei' Games & Lanes, a former back from the road with the bowling alley on Walnut parking upfront." Street, which has been in The council will likely take disuse for more than 14 yeO)tS a second reading and vote on due to a fire, was one of the the ordinance on June 9, she major complaints made by said. Another vote after June 9 city residents for the area's is anticipated. lack of development during RTISJ.:R NI;\VS ·klt . .YJ, ,X) l'f Page 3 Planning board, council hold workshop Mixed use Business C zoning amendment discussed By Christopher Faille Turley Publications Correspondent AGAWAM -Four years have passed now since the town put. fonh its 20 to Agawam Economic Development Plan, and pursu- ant to the implementation of that vision, the Agawam Planning Board hOSled a workshop with the Agawam City Council Thursday, Jan. 16, during which the "Mixed Use Busi- ness C District Zoning Amendment" was discussed. According to Deborah Dachos, director of Planning and Community Development, the 2010 plan recommended the redevelop- ment "of vacani and underutilized"proper- ties for retail. commercial, and. mixed-use" and the encouragemeOl of "design standards that address architeCtural desigtt, landscap- ing, pedestrian movement, and traffic floW," that would create a "vi !lage/lown center for residents." Much of the Q-and-A that followed Da- chas' presentation involved the former 'Games and Lanes' building, a site encom- passing more than 2 acres that is contami- nated by a dry-cleaning chemical and thus regarded as a 'brownfield.' One of the par- ticipants in the meeting called this "the big- gest eyesore in town staring everyone in (he face." Dach.os said thaI she is working very hard 10 find a private developer who will take on the task of building up this area in accord with the 2010 vision, but there is a large hurdle for any such developer: an estimated $600,000 price tag attached to the necessary clean-up, a price that may go higber. If a developer does have faith in the profit- ability of ils plans -enough faith to invest the money needed to take responsibility for the brownfield -the Iown doesn'l want to be in the position of saying, "We want you to ex- pend that money bul we don'l know if what you want to do with Ihe property to make it wonhwhile will then be allowed anyway." Part of the goal of the new mixed-use zone, then. is to increase the level of confidence with which a developer could approach the risks and rewards. Currently, the area is a hodgepodge of zones: Business A, Business B, and Indus~ trial A. If the mixed use loning amendment passes. it will be rationalized into one zone: Business C. Dachos said that she understands some of- ficials in town are concerned that the ZBA will lose discretionary' authority with the creation of the new zone.,But she added this this is a misunderstAnding. Much of what will be doable in the new zone will require a special permit, so the ZBA won', be forfeit- iog control; il will actually be gaining addi- tional tools in overseeing. for example. drive- through service windows or dry cleaners. A sit-down restaurant wiIJ. wuier the pm- posed ordinance, be allowed by right within the new zone, but it could not be free-stand- ing. It would have to be part of a largerproj- ect. .-Planners pursue mixed use zoning district By Gregory A. ScibeUi Turley Publications CorrespOtuient AGAWAM -The Planning Board will re-petition the city council to accept the Mixed-Use Business <; Zoning District prC?- posed in January by the mayor and Planning-and Community Deye1~ opment Director Debor3h Dachos. At a Planning Board meeting in' late February. the board voted to ask the city council to re-consjder its position. The council actually favored the mixed· use zone by a majority. but zoning cbanges-re- quire a super majority of the board of eight votes in the ll-memher council. A letter from Planning Board Chairman Mark Paleologopoulos informed the council tIlat another business owner is interested in having his property changed' to Business C. According to the Jet- rer, councilers indicated that they preferred to see the Games and . Lanes property cleaned up and the building demolished. . The cost to demolish tile building and clean up the property, which has environmental concerns, will be approximately $800,000. The . ~urrent property value, however, is only $146,300. Dachos informed the Planning Board there are two parties interested in. the property. Paleologopoulos believes the mixed-use zone will encourage a private inveslmenl in fixing Games and Lanes. The zone Change could also have made the lown eiigible for nmil development grants through Please see WNlNG, page 6 ztjNING, from page 1 MassWorks. The grants are competitive and arc not guaranteed, but the mixed~use zone passage could have made the town eligible to apply. . "Repeatedly, over many decades," Pale- ologopoulos staleS, "el""led officials have decried Agawam's zoning ordinance pointing to the need for updating. This is an oppor- tunity to suppon a new, clearly-defined and carefully conceived updale thai can serve as an ex.ample for future revisions." The proposal now has the support of 19 business property owners in rhe Walnut Street and Walnul Street EXlension area. According to PaleologopouJos, those properties contril>- ute $358,429 in annual taxes as well as jobs. "By adopting the Mixed-Use District," said Paleologopoulos, "the Town will show appreciation for their contributions to the Town and would encourage them to rematn in the district to act as a calalyst for re-devel- opment." Following the denial of the resolution, Mi- chael Beaudry wrote Mayor Richard Cohen seeking to be added to the zone. Beaudry owns 378-384 Walnut Street Extension. Oth- er business owner:') also spoke out to the city council favoring the proposal. No one spoke duri~g the public hearing in January against the zone change. Councilors who voted against the zone change were most concerned about the pro- cess of making the business corridor more \li- able and attractive for busineSses. Councilor Robett Rossi was very vocal in his opinion that Games and lanes needed to be demol- ished and the property cleaned up before a zone change should be considered for the area. He fell doing the zone change first was putting the "can before the horse." Councilors received a revised copy of the mixed-use zone proposal at their March 17 meeting. It could be a topic of discussion at the April 7 meeting. However, the actual res- o1ution is not currently listed as new business on rhe agenda. .--0111,,1''1 Councilnixes ·mixeduse ·plan Vote fails to garner support By Gregory A. Scibelli Turley Publications Corr(!JpOndelll AGAWAM -A by-right busi- ness zoning initiative by (he Plan~ ning and Commuoily -De .. 'elopp ment dcpartme,nt has been stalled afler (he Agawam Ciry Council v0red down a proposed zone change -two weeks ago. . On Jan. 21 , the council voted 6- 4 in favor of the zone cbange that would place a "Business C" (or mixed use zone) designatlQn on 17 propenies in the Walnut Street Extension area,.iBut me resolution lacked the eight votes required -to pass a zone change. Councilors 'Cecilia Ca- labrese. Paul Cavallo, Donald Rheault, -and Robert Rossi all dissented' 'on " ihe zone. change. -Rossi waS _the most vocn' about chnoge. saying it was n9lgot.ig - to solve tl1e,,!v~1 problem in the area, which is-cenlered ai'ound -the - 'liiiw'[ He says the property needs to be addressed -before a zone change or any other -initiatives can be -considered. He also made other suggestions. . '~I . thini<' we need to partner with M.<sDOT to 6. the traffic pafterns~" ~ald Rossi. "We need to develop il merchanrs' ilSsocia~ tion, ~nd we need to. get. Games 'N Lanes deaned up. To promote a zone change i~ not going to be the an~wcr." Mayor Richard A. Cohen and Planning nod Community Devel-- opment Director Deborah Dachas sought the approval of a mixed- use zone -in order 10 help bring mote . businesses into . the area. Cohen also said the town could qualify for grants through the Pio- -neer,Valley Planning Commission that Would parfor the deanu]> on the Games 'N Lanes_property. , "'There arc a lot of positives to this 20ne change:' said Councilor George BitzaS. ''111is cOuld he a .' real ,aver of the area arid expedite thej>rocess of c1eaning.p Games .fN Lanes .. " Council President Christopher Please see COUNCIL, page 6 G8urrcil nixes mixed use plan COUNCIl., from page 1 Johnson also supported tbe zone change. He stepped from the chair and said changing the zone would have been the first of a three-step process. He also encouraged the councilors to go along with the property owners, who all expressed support for the zone change. He expressed concern over the age of the zone. "We still have zoning from the 1950s in that area:' said Johnson. "We need to put in place a tool {hat owners can use to make their properties better." If the zone change had passed, it was possible the Games 'N Lanes property muld have been placed in a "re-develop- ment authority," making it eligible for grants to clean it up. Game 'N Lanes has several environmental concerns that could cost more than $600,000 to clean up. The property owner has not made a move in cleaning up the property and currently owes $31,000 in baCK property taxes. The town has the ability to acquire the property through tax title, but would then become completely responsible for cleaning up the property and costs associated with it. Councilor Donald Rheault said the mayor refuses to get involved in the property itself, and he does not believe the zone change wiH be the answer. But Councilor Joseph Mineo said the town needed to start somewhere. "If we could qualify for grants," said Mineo. "We would finally be able to gei this place cleaned up." Business owner Ed Borgatti spoke in favor of the zone change during the public hearing. He pleaded with the coun- cil to clean up Games 'N· Lanes and pass the zone change. Corrine Wingard, a member of the Community Preserva- tion Act Committee, also supported the zone change, saying there are "no ne.gatives in the proposal." J Council approves first reading of mixed-use zone change By Gregory A. Scibelli Turley Publications Correspondent AGAWAM -Town residents learned Monday night that their voices can make a difference. On Monday; the Agawam City Council took • unanimous vote in the first of • two-step process to approve a zoning ordinance change. Approximately . 19 properties ' will be changed from various . zones to a Mixed-Use Busmess Walnut Street Extension ·area>--::~·'l..:, .zone C, • zoning proposal thai . Scott Pellock, . owner of New .' was brought · forward ' more than .' England 'Go-Cart EveDls, says be thr~ months. ago and tunted town' .;W@ts to restore the Games and . by lbe city council with only siX of. Lanes property back into a promi- the ) 1 councilors voting in favor. nent piece of real estate. He will An ordinance requires eight affir-propooe opening an indoor go-kart mative votes for pasSage. ttack along with OIlIer activities in This time around, the Planning the form of an entertainment cen- Department was flanked by numer-ter. Games and Lanes previously ous supports of the zone cbange. served that use. • ". including' potential purchaser of Pellock says be is inteiOiiledin the Games and Lanes property that spending the funds needed to clean .- has been the main eyesore of the Please see COUNCIL, page 8 . . or· ." 3:,.-. ". .. )VJ;RnSJ;R NJ:WS M.."ZZ, Z014 Council approves first reading of mixed-use zone change COUNCIL, from page 1 up the environmental hazards of the property and says he will follow all procedures and protocols to clean up the property. "I like to have things look good," Petlock . said. "1 want. to show this town what can be done with a building that no one wants." Before Petlock spoke, a number of Aga- ti warn residents spoke in favor of the mixed- it use zone. The zone would allow more busi- ne~s uses and the possibility of locating resIdences above businesses. II wouJd pro- I vide more opportunities for the re-devel()p- ment of properties in the area. Corrine Wingard told Ihe city council the town would receive assistance from the Pio- , neer Valley Planning Commission to apply for a MassWorks Infrastrucrure grant of up to $1 million to clean up the Garnes and Lanes property. However, the town must adopt the mixed-use zone in order to go for the grant. "This is an ordinance of opportunity that is the first step for growth and improvement in Ibe area," said Wingard_ Former city councilor Jill Messick also spoke supponing the business zone, saying it would not only help Walnut Street Exten- sion, but could be used in other areas. "It is something we could put in our ~zon­ ifig toolbox' and use in other parts of lown," ,aid Messick. Every councilor commented on the ordi- nance proposal. Councilor, Donald Rheault and Roben Rossi were the only , ones to 'peak awnst the ordinance. Rossi said he did nol believe the zone change would help (he , ~and very lil,tle ,,:"ould change before Garnes' and Lanes was cleaned up. Rossi's comme~t,s 'echoed his opinion the last time the orditl~ce was considered. However, Rossi. went back to the micro- phone and ·changed Ilk vole after hearing .fr'){Il, his: f,IIo", cQWlclJors and the over- whefriiilrg'llpPort of the crowd in attendance at the meeting. , , "After hearing everyone speak and seeing Ibeir passion, I'm il(iHing to go along with this;' he said, ::" : ' Council President Christopher Johnson and Councilor Gina Letellier both said Ibey believe there is 00 downside to. the proposal as it will provide new opportunities for ex- isting and new businesses. Councilor James Cichetti pointed oul that 16 businesses in the area have expressed their SUppOI1 for the new zone. "These businesses are telling us they want Ibis," said Cichetti. "We need to support the businesses;" The council will have the second reading of the ordinance at their June 2 meeting. If it receives eight votes, the wne change will be approved. ~ I 1 R}JSt;R NlWS PJrge3 MassWorks grant sought for Walnut Street Ext. parking improvements By Gregory A. Scibelli Turley Publicariolls Corresponlienr AGAWAM -The Agawam City Couneil on Monday unanimously approved the sec- ond reading of the Mixed Use Business Zone C proposed by Planning and Community Development Director Deborah Dachos. Dachos said Tuesday she will begin the process of trying 10 gel Agawjllll in the pipe- line to receive a gram of up to $1 million in MassWorks funding to rehabilitate and im- prove parking oprions along Walnut Stteet Extension. Sbe said the Pioneer Valley .Plan- ning Commission will be providing techni- cal assistance to help the town complete the grant application. "They will srudy the area and look at whal i" needed 10 improve lhe traffic pattern and provide enough parking for the shopping area," said Dachos. "I will be looking into exactly how many parking spaces are there currently and what we need for that are,a." The Planning Department will specifically be looking at the parking and traffic pattern to make it an attractive area for residents to come and shop. The new zone will encourage commercial business 10 come to the area. The mixed use zone goes into effect imme-. dialely, Dachos said. Because Ag*warn bas a city solicitor to look at the legal· language, the town does not need to send their ,9rdinances to the attorney general tQ be confirmed. With the zone 'change now 'in effeCt. own .. ers of the nearly 20 businesses on 'Walnut Street ExteDsion can alw take steps to begin lmproving tJieir properties. "The bylaw will give them the opportunity to expand their businesses. ,Within the regu- lations," said Dachos. ''They will be able to make ~changes 'or improve their facades as long as they do not adversely affect the sur- rounding busiJ;tcss owners." In addition.. tliecmilted use zone also '.1-, • \ 1; ~ _ ' Jows for busmesses-to insta11 acc~sory >' apartments abOveiheir oomnesses. ' ,", "If a business owner1\as .. second' Hoar they want to convert into apartments, they can do that as long as it is in compliance with the building codes," said Dachas. The Games and Lanes propeny is now morc attractive to JX>tential buyers with the zone change allowing the area 10 be revjJal- ized, Dachos said. '.- At a public hearing held May 19, Scotl Petlock, owner of New England Go-Can . Events, said be was interested in purchasing the GaDjeS and Lanes properry and wants to dean'up lbe property and bring it back to its fonnerglory as a source of recreation and entertainment for the community. Dachos says Pellock is currently negotiat- ing with the owner of the properry and will have the benefil of a grant-funded remedia- tion 10 help address the environmental haz- ards on Ihe properry that have hampered iL. sale for more than 15 years .. "I think with the zone change he (petlock) ,is more motivated.tO purchase the property," said Dachos. Petlock did address the city counei I at the pUbli~ hearing and encouraged them to 'ap- prove the.mixed use zone. The zone change was vOled down by the city, council four months ago, but was brought back for reconsideration in May. The council'passed both readings of the zone change unanimously. Town budget .,.available "online AGAWAM -Mayor RkbardA. Cohen has announced that the Proposed Annual Operat- il1g H£cal Year 2015 Budget is now ,available to view online at http://agawam.ma.us. ' For more infonnation, contact the mayor's o\lice ~t 786-4520. AGAWAM www.ReminderPublicatiocom Council approves new zoning uses, improvement plan By Carley Dangon8 carley@thereminder.com AGAWAM -The City Council unanimously approved both the Mixed Use Business District and the Capital Improvement Plan for fiscal years 2015 to 2019 at its latest meeting. On June 2, the City Council passed the second reading of the proposed ordinance to create a Mixed Use Business District. At the public on May 19, many residents spoke in favor of the new zoning. Prospective developer Scott Petlockalso stepped forward to discuss his vision for the Games & Lanes building. Petlock plans to create an indoor go-cart track if he obtains the building. He has been interested in the Agawam location for a while since a previous site literally fell through after the winter of 20 11. The motion enables businesses and residential dwellings to exist within the district that would be bordered by Walnut Street Extension and the Agawam Shopping Center. A public hearing regarding tbe Improvement Plan-was conducted during the June 2 meeting. prior to the councils vote. Not one resident spoke for or against the plan. Councilor Joseph Mineo, chair of the Finance subcommittee, reminded his fellow councilors, "Anything on this plan is just a wish list." He ~ stated that they must approve expenditures before the town can move forward with any of the projects. "Overall, I think it encompasses the projects on the table for the town," President Christopher Johnson said. However, he and Counci1or Robert Rossi disagreed with the order of priority assigned to the projects. A notable omission from previous plans is the Phase II Southwest Area Sewer Extension Project for Feeding Hills. In the plan, Mayor Richard Cohen wrote, "This project is on the City Council agenda and has been tabled indefinitely. The first phase of this program is complete. The enormity of this project would require that it be completed and -funded in phases. It is anticipated that it would be completed in several phases over many years at total cost of over $40 million." In addition to the Track and Bleacher Repair Project for Agawam High School, the plan requests funds in fiscal year 2017 to renovate the school's science laboratories, windows, boilers, electrical panel boxes, beating and ventilation systems, lockers and to upgrade the information technology services. The plan also requests improvements to water mains that run from Main Street to Suffield Street and a section on South Street. A replacement for the sewer cleaning truck with a new truck that has larger water storage is also part of the wastewater fund requests. A feasibility study and design of a new town hall are requested for fiscal year 2018. If approved and funded, the construction is anticipated to begin in fiscal year 2019. The need for a new Early Childhood Center was noted in the plan, as the current location on Perry Lane has reacbed capacity. The Improvement Plan seeks funds for a 30,000 square-foot facility that includes additional classroom space than is currently available, a private bathroom, changing rooms for small children and an area for teachers and parents to conduct conferences. AGAWAM www.Reminder9ublications.com /1~C!'I2;[:dfi~/~. Mixed use district a step closer ·to becoming reality By Carley Daogoo. carley@chen!minder.com AGAWAM -Scott Petlock, a potential buyer for the long vacant Games & Lanes building, stepped forward to discuss his plans for the site -upon the approval of a Mixed Use Business District -at the City Council's May 19 public bearing. Many residents spoke in favor of the zoning change proposal; none voiced opposition. During the hearing, Pellock spoke aboul his plan to create an indoor go-cart track if he were to obtain the building. The council approved the first reading. If it approves the second reading at its June 2 meeting, then the ordinance will become official. "I love this area; I love the people," Petlock said. "You can't find a better place to do this in." Pellock said he has been interested in the Agawam location for a while. He was considering a site in Vernon, Conn., a few yean; ago, but it collapsed due to the 20 I I winter weather. He invited the council and the residents to visit http://newenglandgokartevents.com 10 learn more about his business. He hosts regular events in Loudon, N.H., and al the Mohegan Sun casino in Uncasville, Conn. "I want to make this place gorgeous," Petlock, a long -time citizen of Springfield, said. He plans to leave the center of the floor plan open so guests can host special events. He explained that he has go- karts that are remote controlled so seniors or those with special needs can enjoy the fun too. "Racing is the most exciting thing you could ever do," he said. Corinne Wingard, Agawam native and member of the Community Preservation Act Committee, said, "There's no detrimenl whatsoever to implement this zoning change. There is nothing to lose and much to gain." She referred to the motion as an "ordinance of opportunity." Deborah Dachos, director of Planning & Community Development, referenced the 20 10 study the town conducted, which recognized Walnut Street Extension as "the number one priority" for improvement. "This isn't just a standalone project," Dachos said, adding that the zoning would serve as a model for other sections of Agawam. The zoning would allow businesses and residential dwellings to exist within a single area. The district would be bordered by Walnut Street Extension and the Agawarn Shopping Center. Initially, Councilor Robert Rossi didn't support the motion. "I look at this visionary that you have there. I don't think it'll happen. I want to see some concrete plans," Rossi said. He stated that other projects had come before the council requesting zoning changes and then never came to fruition. "That gentleman [Petlock] can't do what he wants withoui this zoning in place," COlUlCil President Christopher Johnson said. ''This is the lynch pin to the Garnes & Lanes site." Johnson explained that Mayor Richard Cohen has committed to addressing the site by the end of 2014. Ifa private developer has not stepped forward by the end of this calendar year, then the town will take over the project -an option that will cost taxpayers. "OK, you've got my vote. I'll give it a chance," Rossi said in response. SkyScreamer takes amusement park swings to new heights By Carley Dangona and Peter Spotts car/e)'(@lhereminder.com AGAWAM -What is one way to impress an intern? Make his first assignment riding the new 400-foot PII."''' .MAY 23_29, 201 A . ~ ~. , " ~. .. tall attraction at Six Flags New England (SFNE). SFNE enabled me and our new intern, Peter Spotts, to soar to new heights with its newest attraction, the Sky Screamer, that gives riders a bird's eye view of Western Massachusetts. SFNE celebrated the grand opening of the extreme swing ride on May 15. The SkyScreamer rises to more than 400 feet in the air while traveling at speeds greater than 35 mph. Twelve members of the Air Force were accompanied by a New England Patriots cheerleader for the inaugural ride, set to Bruce Springsteen's "Born in the USA." This reporter and Spotts had the honor of taking the first civilian ride. It was fantastic! I'm an avid rollercoaster lover, but gliding through the air at 40 stories is just as exciting as the twists and turns of a rollercoaster track. From the ground, Sky Screamer doesn't seem that daunting, but once you're lifted into the air; it's a different story. Especially when the wind picks up and the seats start to sway. The disconcerting thing about the ride is that the seatbelts -two per chair -are locked by computer, taking away my need for security as I listen to the "click" of safety when I lock myself into the ride. The ride itself was quite enjoyable -the soundtrack needs some work though. The music only plays wheu the ride is in motion. I . beHcve it should play consistently for those in line to enjoy. Song selections ranged from "Born to be Wild" to "Come Fly With Me." I recommend SFNE uses more upbeat tracks to capture the atmosphere of the ride. Spotts said of Sky Screamer, "Swing rides are unique attractions that are difficult to judge without actually going on them. While loops and IOO-foot drops visibly draw in crowds, it's hard to imagine a simple town fair swing ride being worth the line "'alt while there are other, high-profile options nearby. "My first experience on large swing rides occurred at Cedar Point in Sandusky, Ohio, last summer. "The Sky Screamer tops the Windseeker by about 100 feet. The Springfield Preservation Trust, Inc. in Partnership with BuySpringfie/dNow City Sampler Historic Homes Tour Sponsored by Baystate .. Health only place it falls short in comparison to its Ohio rival is the psychological effect of its safety measures. Windseeker boasts steel supports and large seats that put my mind at ease even if! was 300 feet in the air with my feet dangling . "For some, a small seat and chains that leave the occupants at the mercy of the wind conditions that can leave you spinning and twirling with no ability to make it stop. can be frightening," Spotts continued. _ SFNE president John Winkler called Sky Screamer "a fantastic · feat of engineering" that was two years in the making. More than three million pounds of concrete and steel were used to construct SkyScreamer. State Rep. Nicholas Boldyga took park in the festivities. "That was one of the most exhilarating rides I've ever been on," he said, calling it a ''treasure'' and stating that he is proud to have the "planet'S highest ride" in Agawam. He predicted SkyScreamer would draw adventure-seekers from around the world, boosting the local economy and supporting the Western Massachusetts region. ~4i3~~5~~: • Chinese Deep TISSue Therapies • Comfumblt Private Rooms ror Individuals/Couples • Shower Available 2009 RivmWc St., West SpfId, MA Houn: 9om.-1Opm • 7 Ihy. WE AAUIAMETJlWIll HE¥(s, ., FOR NEWS & ADVERTISING Q,U A1 3-52~-QQ61 .' • ,'. I ' ,. """ I • , ... , , , '. '-_ .. ; .. , , ,. d _;.~~*W£j ~14; flJfu~ }~; )! m}l~ ~'\ ~wr,it@lj0i£#tJ?pp)§ijmt*~I:1it<Xk@4.ml~'~~!b1!}~ r~,~~lf.(h#AH, "-3H"N9NFN$@lMti~(6f\t¥~n~'~~~~?iAiVA'ft.tMf ~J;?~~ -.! "SovthWkk · West Springfieid Westfield · The Hilltowns · 'An edition of~t ;RepubliCan, . · New Bulger trial? Associated Press . An Oklahoma prosecutor says officials in his state are still deciding whether to try James "Whitey" Bulger for a 1981-murder. A federal Bureau of Prisons spokesman says the 84-year-old Boston gangster has been transferred to vrc Oklahoma City, which houses inmates as they are moved be- tween prisons. Tulsa prosecutors have been· deciding whether to move forward with a first-de- gree murder charge against Bulger in the 1981 killing of businessman Roger Wheeler. Bulger was convicted by a fed- eral jury in Boston ~arlier this year of killing Wheeler and 10. others and sentenced to two lifetenns. Social worker fired Associated Press ····.·.·.·.·'·OiGAL~·H()ME ·<·;EDITION , TM 'U R SDAY', DICE M BE R '19,' 20 1 3 ~---, '. ',: >:,:§.': Zoning eyed to spur growth By CHRISTOPHER GOUDREAU AGAWAM -Town officials want to encourage commer- cia and residential develop· ment along the Walnut Street Extension area using a pro- posed new zoning ordinance, said Deborah S. Dachas, di- rector of Planning and Com- munity Development for the town. A Massachusetts state so- cial worker and the worker's supervisor have been fired as investigators /;ry io determine Sgt. Scott E. 'Haley, left, a detective with the Palmer Police' Department, receives the Richard G. Werenski "It originated with an eco- nomic development ~tudy that we conducted in 2010 which identified priority develop- ment areas in town ," she said. "The Walnut Street Extension shopping'area was considered 'the top PJ:iority for future rede- velopment." · what happened to a 5-year-old Police Officer of the Year Award from the Western Massachusetts Chiefs of Police Association' presented by Fitchburg boy who ' hasn't Palmer' Police Chief Robert P.Frydryk at the Log Cabin in Holyoke. 'i~l~:~~~l~if~l~~ ··Palmer ·defective ·earns' award ' Dachas stated that the prop- erty is zoned as Business A & employees, whose names were not disclosed, "have beim tenninated." . . Band Industrial 'A districts. The proposal,iden~ifiedas a Mixed Use Business C Dis- trict, would relax require- ments for building dimensions . Investigators say Jeremiah . BylORI STABILE .' Istabile@repub.com · .. " He's (Scot.HaleY) donea'iotfor the P~lice : .surpriSe on Dec. 10 wh,m he ·lUld allow extensive . expan' . attended the ceremony at the sian of sites for more lIexibili- Department in terms of establishing relationships Log Cabin in Holyoke with his ty for property owners. Oliver was last seen by rela- tives Sept. 14, but police only . learned recently that he was · missing. . : Water violations The Massachusetts Depart- ,ment of Environmental Pro- tection has fined . the Auburn . Water District $13,800 forar- · senicviolations relating t6 the public.' water .supply · that · serves Auburn. '. PALMER-Police Chief Robert P. Frydryk said Detec' tive Sgt Scott E.Haley has in- vestigated every major crime in town. overthe past 25 years, which is oneojthe reasons the chief nominated him ,for the . prestigious 16th annual Rich, ard G. Werenski Officer ofthe Year Award from the Western Massachusett~ Chiefs of . Po- lice Association. For Haley, who plans to're- tire on Feb. I, th~awardcaps off a career that he start~d 36 wife, Jacqueline, and children "It encourages' commercial with other state, local and federal agencies ••• ; . Ryan, 23, and Danielle, 20, . and residential development; _____ ~_----'---_--~---"". and learned he was police offi-commercial taking place on lie's taken drug 'investigations on as one of his ceroftheyear. bottom lloors and residential . . . "I think it's a greatpriVi-development taking place on passions. " lege," Haley, 55, said recently .. the second-floor buildings," . Palmer Pollee' eMe' RbberlP. ,';ydiYfc ' "There are hundreds of police she said. .' officers in Western Massachu-"There are very few build- setts. To. be picked for that ings that have two stories in . . ,award over .so many quality that shopping center current-\ years-ago as an auxiliary offi-Haley saidhewas told a few people really is an honor." ly, but we are hoping with cer. He rose through the rankS days before the award cere-Haley said he's loved being these incentives that the prop- to become a sergeantin 1987, many that he would begettiilg a police officer, and said it's erty owners will build second then . the department's first ~ . an award, but ' didn't ' know ' add only -detective in 2000;1.,., what· it' was for, So ii was a 'PI .. ase·$ee·Det9C1lve,Page (2 Please see Zono, Page (2 " 'The penalty telates to. nu-, . .'. .... . ". ".' . .... ·.i!. " .., . '.. ." '. ':;:~J~~~f~~~li~~~iWMass 'housin. >'g'" , ... 'sales .. ~' 'invent.ory·· " ...•. doWn '. March' 2013 in two of the 12 . ~!t~~~F~rE::~;:~~l; <~!~:!i~~~" ~~t~&:1f~~t~~~~~i~~::i~ . ~~ti~;o:;h!5JJ\~~I~~~~;Z .~~~o~~i o~~on~~~k~:ll?; OU~itS!~I? ~~~teresti~g to see .. . structing a treatment facility up 6.2 percent from $178,000. ber 2012 to 2,307 listings atthe Sears Real Estate in Spring-if the trend continues," Sears SPR!NGF1ELD,'-:',S~les 'Of in Januarv ... through November end 'of November 2013. That · field. ' said. " .... for the removalof 'acienic, h . h P' V II ' " N I 'd h . .. d ' B ty H d C . . ames m t e IOheer a ey of 2012 to an average of number of homes for sale. a an Sal e IS Impresse '. y coun ; amp en oun-iron. a.nd manganese from : f 11 . I " h th t' .. h' d ' ty I f lib 61 t e 7.3 per.c.en.t ast .m.ottt $189,000forJ.anuarvthroogh works 'out to 5.9 months of a.pnces avemcrease. sawsaes a y. percen West Street Wells numbers 11 'J "Th . d' OK fr 264 h . N b from3~8inNovember2012to November of this year, 2013, supply at the: current sales eeconomYls omg .' am omesm ovem er an~~;~e wells'were removed 369 inNbvember2013. ., The real estate. market is rate, down'from 6:3 months of I'm not going to say it's a crazy 2012 to 248 in November 2013 .. 'But the prices brought by still v';xedby a lack of desira:-. supply atthis time last year. economy. But it is a good The medhin price rose 2.6 per- from service on May 15 and those homes remained pretty hie ho. uses onthe'market, said The. average number of enough econol)1Y," he said. cent from $161,500to $165,700 will be offline until Mass DEP .. The early October govern-last month .. . gra.nts approval of the treat-'stable, up 0.6. percent. from Patrick D. Nolan, owner of days homes have spent On the ment shutdown might have In Hampshire County, sales ment facilities, according to $178,~50 in November 2012 to five 'local Century 21 offices marketis also down 11.2 per-dampened numbers a bit. Not fell 4.9 percent from 82 to 86 the release. . $180,000 in November' 2013, and 2014 president of the Re-cent, from an average of 134 only 'did the shutdown hurt and the median sales price fell The water district will pay according to figures released altar Association of Pioneer measured in November 2012 consumer confidence, but .12.3 percent from $260,000 to , $5,000 of the penalty with the br the Realtor Association of Valley. to an average of 119 measured with the IRS left · unstaffed, $228,000 ... remaining' amount stlSpended ,PlOneerValley. , '.'We . have" no inventory, lasimonth. .... some home buyers had trou-In Franklin CQunty, sales as long as there are no further ' On theyear, sales are up 1.6 that's the reason sales are ,"It's not 'f buy~rs'market, ble getting all their paperwork fell 32.7 percent from 52 to 35 violations and the treatment percent, from 4,199 in January down," Nolali said. "A lot of it's not a sellers market It's a in order. November closings and the median sales price faCility work is completed,through November 0(2012 to people are looklng .. ". . fair market," said Briari Sears, are usually deals that were rose 1.6 percent from $160,000 according to the Mass DEP. '4,267 in that same time period . Inventory is down 1.9 per-2013 president of the Realtor reached a month or so previ. ·to $162,500. . . ~., Oh Ohfisti/1iii; ttee,e~er((J rpdgdn c can en/oy ' .. MttE:JE~~:~J~:~g~:~ '~E~ .~~~~~~~~~~, ag:~7i~:~~~ pagan times. was pagan.. '. ." guy selling them Christmas" and "Granddaughter's the farmer how long it tak~s to The druids, Viklngs and Romans She didn't buy it, butshe in' by the subway sta: Third Christmas." The kids made grow one like mine and he said 1'0 .' were among thOse who considered ' dulged me this bit of homesickness, tion.When we got s.ome the!1),selves When the):' were years. . evergreen trees and boughs sacred. and we got a small tree. Thus be-. it home cut the ' lIttle. When our golden retnever When we decorate the tree, we The reasoning was that the .sun, gan our laborious working out of ' twine a~tI wres-. died, 1 found a dog ornament with put "The Nutcracker" on and' drink' which they thought'of as the source the roles of Christmas.' tied it into ihe 'wings and a halo. Last year we eggnog. "Look at this one!" I'll say of life, made itself scarce around . As Iwrite this; a splendid tree stand;the house went out a~,d got a Beatles "Yellow when I dig out an ornament with the winter solstice and evergreens, .' stands in our living room, fully de-smelled miracu-: Submanne ornament. some history. On our first Christ- being ever green, were a reminder, corated. This is notto suggest thall lously like a forest: . . ..... On~e, when I lIved m Oregon, I'. mas in Northampton; our down- it. waS coming back. They also won some battle. It. wasn't long, however,before went IOta the nahonal forest ~Ith . stairs neighbor, who was born in '. smelled goOd. I've come to understand how we went the artificial route. After my roommates and cut a ChrIstmas Denmark, gave us a basket of deli- . It was the' Germans who brought " Christmas is inflicted lipon nOIi'cel-. Thanksgiving we'd haul the box up . tree. After we moved to Western cate Danish ornaments. There's a the tree into the Christmas tradi-'. ebrants and have grown .wary of from the cellar and piece the wire . Massachusetts, we found tree farms single one left. tion, laking them Indoors and deco-wishing strangers a "MeFry Christ' boughsinto the 'faux trunk: Artifi-.. where you can cut your own. , This year my'wife was in tears rating them to brighten those long; mas." It helps that neither of us is . cial trees always seemed to me like .. For t~e last 10 or so rears, I ve until the hciuse stopped smelling dark nights. . particularly religious. My wife's . plastic disguised as life, and I never been gOIng to. thIS guy I~ Wllham-like a pine forest. I don't want her Martin'L'lther, they say, intro, biggest problem with the tree now warmed up to them. On the plus sburg. I see hIm only twIce a year -to suffer. Next year, 1 said, we'll . duced the notion of lights, putting is that it makes her eyes water for a . side, they don't shed needles. once when I tag the tree, once skip the tree. She has com.e to like candles on his tree after admiring few days after I put it up.. '. Our Christinas tree,was pretty . when I, come back to cut It down -the tree, however, and insists she'll · the stars one night . . I was being honest when J told bare that year 10 Santa Fe, bilt we but we ve gotten to recogmze each tough it out. I guess an artificial The Puritalis denounced Christ-·· her the tree wa~~ore 'sentin,telital did buy a few ornaments. at the In-, other. He. even knows ~y dog, who tree would be a suitable compro- iiias trees, and, in America, they for me than rehglOus. It remmds me . dian market. They were made out runs around the farm hke he owns mise, but what would the druids were considered pagan abomina-. of home, family get-togethers and· '. of'c1ay by locallndians andpainted it. . . . . , say? ti.ons by many as late as the 1840;;. big Italian feasts. Speaking as'a to look like turtles and pottery. .' . Even dun,ng the barest Decem-They'd probably say "Happy This, atleast, is what I told my . pagan, I must also vouch for its val-That was 28 years ago,and we still bers, itseems there's5.ome snow on Yule" (from the Norse "jol," a pag- girlfriend on our first Christmas to-ue as a little bit of light in the deep-have them, though 1 had to glue the : the ground whenwe go to William-an. midwinter festival) . . getherili New Mexico. I was raised est, darkest night. . ,. . turtle back together once. . sburg. The kids are out of the house Fred Coritfada is a staff writer for Catholic; she was Jewish. It was my My earliest Christmas tree mem-Over the years, we've accumulat-now, so it's just me and the dog:' The Republican; he may be reached first and only Christmas away from aries are of going down to Maver-.od so manY-ornaments that our tree I wear· my ratty clothes because I . at jcontrada@repub.com. ilia &dritaa' 21 it f Z8JJJSii:t:; ".1_ , 1i!l:I liltkat" __ s 3& au&! . LiE "L J' r- .:: .! i , ! , . .. I L j J , f I 1 ,"! , rDeveloper :offers to cut 't~()hd6 plan By JIM RUSSELL' SOUTH HADLEY -The de- veloper of a controversial . 60-dwelling condominium project off Ferry St., where town zoning permits only sin- gle-family homes, will resub- . mit the proposal to the planning board soon -after of- fering to cut in half the num- ber of units and eliminate all : the "a:ffordable" ones. Rivercrest Condominiums pUblicly disclosed its plans . during a meeting Monday with the Zoning Board of ap- peals, attended by 40 resi- .den.ts. In interviews following the meeting, residents said the proposal is still too big, makes a mockery of the town's zon- ing bylaws and they fear that, if it is built, runoff would pol- lute nearby wetlands. The Chicopee-based com- pany's previous plan to build 27 units on the 10.8 acre Ferry Street p~rcel was unanimous- 'ly rejected by the Planning Board in 20 II. "The proposed Rivercrest Condominiums, as submitted ,and proposed, would consti- ·tute a hazard to residents, abutters, pedestrians (particu- ,1arly school children who may 'reside in the residences), and fthe traveling public," the plan- ming board wrote in their deni- al dated Dec. 2,2011. prolect from the town's zoning bylaws. With the state 40B permit, known as a "site approval let- ter," the developer has the right to a ZBA hearing, and the ZBA, by law, under the comprehensive 40B rules, can- not enforce local zoning ordi- nances. However, town officials and their legal counsel prevailed upon the developer to try to devise a project the planning board could approve -and in the process build fewer condo- miniums than proposed in the 40B condominium proposal. To do that, Riveterest had to formally ask the ZBA for at least a 90-day. extension. Arid a waiver -should the compa- ny not agree with whatever fu- ture decision ' the planning board takes on the modified housing proposal. The ZBA unanimously ap- proved the company's re- quests that had been suggested by town officials. The waiver exempts River- crest from having. to wait a year to reapply to the ZBA for the 60-unit proposal, should the planning board say no to the modified idea. According. to Rivercrest consultant Robert Engler, the waiver was needed because there are no affordable-priced units in the scaled-down hous- ing proposal. There are 15 af- fordable units proposed in the 60-unit idea. Detedive: Given Office of Year award . Continued from Page (1 been a wonderful Career. He said he always took it person- ally when he heard about someone dealing drugs or committing crime in. his town, and became determined to ar- rest them. "I love working· in my own community. I didn't have it in me to leave Palmer. I've had chances over. the years to leave, but I really felt like over the years I could make an im- pact," Haley said. "I'm a local guy who knows like everybody in this commu- nity. I can find out what I need to find out. My phone's ringing all the time from people," Ha- ley added: . Haley alsQ is. one of the founding members of the Eastern Hampden County Drug Task Force, and has worked with the federal Drug Enforcement Administration over the years on cases. He's been involved in plenty of drug seizures, including a crystal methamphetamine case 10 years ago - a bust po- lice described at the time as one of the largest seizures of the drug in New England. Frydryk said he felt Haley was worthy of the award, and noted his "long and distin- guished career with the police department." Frydryk de- scribed Haley as "loyal and dedicated, extraordinarily hardworking and tenacious," with an enviable work ethic. "He's done a lot for the Po- lice Department in terms of es- tablishing relationships With other state, local and federal agencies .... He's taken drug investigations on as one of his Nssions," Frydryk said. Frydryk said Haley is so good at writing search war- rant applications that he teaches how to do it at the po- lice academy. . Ari arrest that happened on Christmas 2012 showed the kind of police officer Haley is, Frydryk said. On that day, even though Haley had enough seniority to take it off, he chose to work so he could arrest a man responsible for break-ins in Palmer and other communities, Frydryk said. The man had escaped from police the night before when they tried to arrest him. Police tracked the 'man down at his mother's house in Bondsville, where a struggle ensued. The man crashed through the basement drywall in an attempt to escape and it finally ended when police ta- sered him, Frydryk said. "(Haley) was certainly enti- tled to take (the day) off. But Zone: Change weighed Continued from Page (I The mayor said the Aga- wam Planning Board has ap- stories on their buildings." proved the zoning ordinance Mayor Richard A. Cohen and made its recommendation said he is in favor ofthe pro-the City Council. The next posed ordinance and he thinks step, he added, is for the City it would give the town an op-Council to have a public hear- portunity for retail and mixed-ing,' and then the council used development in special-would put the zoning ordi- ized areas. nance to a vote. "It gives us anotherdimen-The planning director said he knew this guy needed to be 'arson and hOn1icideto drugs arrested so he came in at the and' robberies" how he. expense of precious family time," Frydryk said. ''worked tirelessly day and The award notes Haley's in" night" and states that his abili- volvement in major Palmer ty to investigate crimes is "ex-. crimirtal investigations, from traordinary." rno~tda9 ,gpa g~t 9deag 75 MINUTE RECOVERY FACIAL WITH RESTORATIVE EYE TREAT"ENT .......... , .... ; ..... : ................ $100 SPA MANICURE & SPA PEDICURE ........................ : ............ $95 Value.$113 STRESS F,x MASSAGE INCLUDING , ................................... $75 DAY OF ·RElAXATION ............................ · ........................ ".·.$325 Slip Into a soft robe and slippers and experience a complete body message with But Rivercrest applied for ilnd was granted a state permit ito use an affordable housing . law, known as Chapter 40B, :that exempts their 60-unit sion to invite development and town officials are applying to '---__________ ~ ___ ~-""-'::'c::'c::.,="'c::'=,.~.:.-. --'-to make it accessible for devel-the Pioneer Valley .Planning CommissiOn for a district local , aromatic steam shower followed by a faclal,spa pedicure, and classic manicure. Complete your visit with ii blow dry and fresh mak.eup application with personal chart. A spa IUl'lch is ir;cluded. Leave with our spa gift package. approx 7 hrs. . ... Gift Cards & Online Reservations [Gateway schools ;post holiday hours . opers to create and be more technical assistance project. If creative in creating pedestri-successful, officials will apply an-type malts Or walkways for a MassWorks Infrastruc- . and mixed use to have people ture grant for an as of yet un- living and working and pur-disclosed amount of funding chasing all in one area," said to build public parking spaces . 24/7 @ pufferdayspa.com Puffer'sJalon & DayJpa 56 Southwick Road' Westfield, MA 01085 .. . ; 413-568-9000 I Cohen. in the zoning area. 1" HUNTINGTON ~. All ter willbe Closed on Dec. 24, 'schools and offices in the 25, 31 and Jan. I for the holi- 'Gateway Regional School Dis-days. On Dec. 23, 26 and 30, it ·triet will be closed from Dec. will be open from 5:30 to 7 a.m. 23 through Jan. I for the holi-and 3 to.8 p.m. On Dec. 27, it 'day break. will be open from 5:30 to 7 a.m. The Littleville Wrap and 3 to 7 p.m. It will be open 'Around Center will be open on from 8 a.m. to noon on Dec. 28. ;Dec. 23, 26, 27 and 30 if 1 . ,enough students pre-register. Regu ar hours resume on Hours during the break will be . Jan. 2. . fr 7 t 5 h d All offices in the.Gateway om a.m. 0 p.m. eac . ay. R' 1 S hill Parents are reminded to eglOna c 00 District wi pack a lunch and two snacks be closed during the holiday for children who attend. As break, as an energy reduction the school office will be and cost-savings measure. Qf- closed, parents are advised fices will also be closed over' that the direct phone number the winter break (Feb. 18 to Wrap Around will be (413) through22.) 685-1340. Schools will reop~n on Jan' l_l:l':~::::~:::~~:::J * TheGatewayWellnessCen-2. l. Minimum Wait * MElximtlIn' Cf:lre ,~ ~bt ;Rtpublican. ~f\m. SPONSORED BY MassMutual IlIA.CIH GftOU,' Announcing a special book: 1he Republican is excited to announce a new title in our Heritage series of hardcover books: the Struggle for Freedom. 'This pictorial book features the story of the Mrican American I:,:ommunity of Western Massachusetts from the earliest days of colonial rule and slavery to the dectionof the nation's first African American president. Follow us through this struggle, the com- 'munity's participation in wars from the Revolution and the Civil War to Vietnam and Afghanistan. Help celebrate our connections to W.E.B. Du Bois, Frederick Douglass and John Brown. Discover the Underground Railroad and the many stories that make up this Republican Heritage series book. Mail in the 'order form oroider online at SPRfreedom.pictorialbook.com. Books are shipping now. Order today for just $39.95. I wish to order: __ copies at $39.95 plus $2.49 tax per book and pickup my order (mail in form only) at . The Republican office. Total -$42.44Ibook _. _. _copies at $39.95 plus $5.95 shipping and handling and $2.49 tax per book and have my order shipped to the address below. Total -$48.39Ibook TOTAL AMOUNT ENCLOSED: __ .,--__ Name~ ________ ~ ____________ ~'--________ __ Address ______ ~ __ ------------------------- City ____________ State _____ ZIP ___ _ l--l-----E-mail~ ____ '--_____ _ Signature Charge card number Security code PAYMENT METHOD • CheckiMoneyOrder .Visa .AMEX • MasterCard • Discover Exp. date SEND TO: THE REPUBLICAN COMPANY' CIO THE STRUGGLE FOR FREEDOM Misc. Lockbox II • P.O. Box 5820 • New York, NY 10087-5820 mJC ;Republican. : ------------------------------------------------_. -'-Council to debate ...... ~ .~ mixed use zone f By Gregory A. Scibelli Turley Publications Correspondent AGAWAM -Some city coun- cilors have expressed concerns over a proposal to create a mixed~ ~. zone known as "Business C" th;rt Mayor Richard A. Cohen and the Planning and Conservation Department hope will lead to a re- vitalization of the area surround- fig Games and Lanes on Walnut ~~ Street Extension. Planning and Conservation Di-'J-. reclor Deborah Dachos will be g<>- 109 over the proposal with the city 'i' council and the planning board at .... 'I\\. a workshop scheduled for Thurs-f ~ day, Jan. 16 at 6 p.m. at the Aga-~ ) warn Public Library. '\ "- "I am hoping that 1 will be able ~ to go over the language and ad-~ Please see ZONE, page 61:;,) january 16, 2014 Council to debate mixed use zone ZONE, from page 1 dress their concerns;' said Dachas. She said no changes have been made to the proposed zone change since it was originally presented to the council at a Dec. 16 public hearing. "Only the council can make changes to the proposal at this point," said Dachas. She hopes that after the work session tonight, the council will be well-infonned and be able to vote on the proposal at Tuesday's regular council meeting. Councilor Robert Rossi said he has concerns over the Business C zone giving potential property owners too much lee-way and allowing them to build whatever business they want by right. He suggested an overlay district in the Walnut Street Extension area may be more appropriate. Rossi added the town of Agawam may be moving forward too quickly on a zone change when it is unclear what will became of the Games and Lanes property. Councilor Gina Letellier asked if the building will finally be demolished, or should be demolished before the zone change takes place. I'lt's really an eyesore and would be unappealing to poten- tial neighbors," Letellier said. Dachas said there are stm numerous environmental is- sues preventing the building from simply being demolished. There are contaminants on the property and there is no one willing to take on the project and expense of clearing out the property. "The town 'cou1d take the property through tax title," said Dachos. "But then the town would have to take responsibility for the environmental issues there." Those responsibilities could cost the taxpayers at least $600,000. In the meantime, the town is hoping to revitalize the rest of the area and create a more attractive downtown shopping area. "I like the idea," said Councilor George Bitzas. "It would be like a destination point. I have seen other tOWtL;;; do similar projects." Dachas said the Business C zone would do things such as relax certain zoning requirements like setbacks from the road and lot sizes. Dachas would like to see the zone create a pedestrian shopping center. There are parking issues that do need to be addressed. Da- chos said the town is seeking a $1 million grant to address parking in the area. The proposed zone will affect 17 total properties on Walnut Street Extension. The properties are currently zoned Busi- ness A, Business B,and in a c9uple of Gases, Industrial A. Thereis also the possibility for allowing residences to be created above businesses. The entire bylaw is 12 pages long and is available for viewing at the Office of Planning and Community Develop- ment, located at Agawam Town Hall. Following the workshop, the Agawam City Council will meet at 7 p.ro. Tuesday, Jan. 21. The continuation of the pub- lic hearing for the new zone is on the agenda. ~SIDE on inion ......... 4 :iness ........ 8 ~u~cation ....... 9 Public Safety ..... 7 Sports ......... 12 Classifieds ...... 16 ..... 14 20 PAGES A TURLEY PUBLICATION ---------------- www.turlay.com Relaxing the standards for business zoning Walnut Street Ext. properties targeted By Jennifer Wroblewski Staff Writer AGAWAM -Planning officials are moving fOlward with plans for the Walnut Street Extension shop- ping area -including the former Garnes and Lanes building -thanks to a Pioneer Valley Planning Com- mission (PVPC) Local Technical Assistance Grant. The plans for the area -which include 21 properties -is the sec· and step in the town's attempt to revitalize and develop the area, said Deborah Dachos, director of Planning and Community Devel- opment. In March 2010, the department put together an Economic Devlop- ment Plan with a $69,000 grant to prepare a plan under Chapter 43D. 'The plan's primary goal was to identify priority development sites for future economic growth in the community," said Dachas. 'The number one site was the Walnut Street Ext. area. The second was Tennis Road." According to Dachos, last year the PVPC announced the availabil- ity of a district local technical as- sistance grant. While the grant had no monetary transfer. it allowed "so many man hours" to be dedi- cated toward helping town officials prepare new zoning for that area. Current zoning for Walnut Street Extension, Business A, has "sig- nificant setback requirements" that would allow "very little develop- able area" once all the restrictions are incorporated, she said. The goal of the mixed use zoning, therefore, is to relax. the zoning developmen- tal requirements to allow for both commercial/residential develop- ments with commercial on the first fioor and residential on the second fioor. Planning officials are hoping the zoning w,?uld try "to bring more people into that area around the clock; not just during the day, but . at night," said Dachos. The area Please see ZONING, page 6 Page 6 AGAWAM ADVf:RTlSrn N[WS November 28, 2013 Relaxing the standards for business zoning ZONING · from page 1 OcL 3 to discuss the change. Councilors Rob: . , ert Rossi, Donald Rheauh and James Clchelll would be pedestrian friendly and offer small were present for that discussion. niche businesses and a blend of commercia) Dachos said she hopes the council votes to and residential development. move forward with the zoning change. "The gist, the meat of it., is iCU relax the "What it will be doing is creating a whole standards," she said. "[t will allow residential Hew district," she said. "Currently what we and commercial development to occur simul-have is Business A and Business B. This taneously," would be Business C, whtch could be utilized The mixed' use plan encourages harmony in other areas in town in the future, but is pri- in terms of facade and signage and will help manly addressing the Walnut Street Ext. area. 10 blend the existing structures, Dachas said. "I'm really enthusiastic about it," she went One thing it discourages, however, is free-On. "j think it's a win-win because it provides standing buildings. a really good incentive for businesses to in- "If you have one parcel, the buildings will vesl in their properties there. [t doesn't place be freestanding. but there will not be multiple any kind of restriction on whal they can do freestanding buildings on one parcel (0 try to other than to blend what they do with other have a feel for a downtown shopping area 00-businesses." cause we really don '( have a central business As for the businesses, their biggest concern distric~" she said. _ other than the Games and Lanes building The plan will allow for buildont of 75 _ is parking. percent of lot coverage. "as long as you can To address thaI. Mayor Richard A. Cohen prove there's parking somewhere. It doesn't recently sent a letter to PVPC for the next have to be onsiee; it could be offsite." round of local technical assistance projects, There will also be a density bonus for pro~ Dachos said. viding affordable units. "We just sent in another request for this "The density bonus would allow 95 percent year's round, and what we would be doing is lot buildout," said Dachos. working with them to prepare an application The Agawam Planning Board held its pub-to MassWorks Infrastructure Program ... that lie hearing 00 the zoning change last Thurs~ would be requesting funding for public park~ day, Nov. 21, and the Agawam City Council ing as well as stree.tscapes, and pedestrian and is slated to hear from residents on the mauer bicycle improvements to the area." during a public hearing Monday, Dec. 16. The Those improvements would make up Phase council was invited to attend a workshop held 3 of the project, she said. Agawam Mixed UM!leve!opmeDl I!yWp C QIsI!1ct 126;!5l1 !II!!. Turley Publications courtesy graphIc Roughly 21 properties are targeted for mixed use development in the Wal- nut Street Extension shopping area. AGAWAM www.ReminderPublications.com Zoning proposal to create downtown destination point By Carley Dangona carley@thereminder.com AGAWAM -A new zoning proposal seeks to create a multi- purpose area that should attract residents. with its offerings and convenience. A proposed ordinance seeks to create a Mixed Use Business C District in the Walnut Street Extension area. The zone would run from the intersection of Suffield and Springfield Streets to Dave's Soda and Pet City in the Agawam Towne Square and over to the former Games and Lanes building. Currently, tbe district has both Business A and Industrial zoning. The new zone would create enable a combination of mostly commercial and residential establishments. "The proposed zoning relaxes the dimension restrictions, allowing people to maximize the use of properties," Deborah Dachos, director of Planning & Community Development, said. Sbe stated that property owners would still have to meet all building codes as well as side yard and parking lot guidelines. The proposed ordinance states, "The purpose of this ordinance is to foster a greater opportunity for creative development by providing guidelines which encourage a mix of uses compatible with existing and neighboring properties; to provide bousing and business uses in locations where a variety of town services are available; to promote utilization of existing buildings and property, and to encourage the provision of open areas." Dachos explained that the goal of the proposal is to create a Downtown Business District that is a destination point for residents. She stressed the importance of making the district "pedestrian friendly" to promote the use of it by providing an ease of access. Dachos stated that the zoning would create structures where businesses occupied the ground floors and residences would be available on the second floors. Presently, they are not many two- story buildings in the district, but Dachos said the town would "encourage" additions of an additional floor to the existing buildings. Dollar General, the newest addition to the Agawam Towne Square> was announced earlier this month. According to Mayor· Richard Cohen's office, the company has signed' a lO-year lease and will have a 10,000 square-foot store. The store will join the Salvation Army Family Store, NAPA Auto Parts, Slot Car Speedway and U.S. Taekwondo. A YMCA Family Health and Wellne5s Center is also slated to open in the center. Dachos plans to host workshops with the City Council on the proposal over the coming weeks. She said if the zoning proposal were approved> she would then enter Phase 2 of the project where she would apply for a District Local Technical Assistance Grant from the Pioneer Valley Planning Commission to help create expanded parking for the area. Dachos said that the town is currently waiting for a final report of the condition of the Games and Lanes building before it can proceed with its cleanup. She added that the development of the Walnut Street Extension was identified as a priority area in the town's 20 I 0 Outgrowth of Economic Development Plan. • TOR-2014-4 AI'! ORDINA.'\TCE AMENDING THE ZONING CODE OF THE TOWN OF AGAWAM CREATING THE MIXED USE BUSINESS C DISTRICT Sponsored by the Planning Board WHEREAS, the Planning Board voted unanimously to act as petitioner for a proposed zoning amendment to create a new zone entitled the "Mixed Use Business C District"; and WHEREAS, the Planning Board wishes to provide guidelines to encourage a mix of uses compatible with existing uses and neighboring properties; and WHEREAS, a Mixed Use Business C District would provide business and hous- ing uses in locations where a variety of town services are available, promoting the use of existing buildings and properties; and WHEREAS, a mix of uses will create employment and housing opportunities that encourage walkability while also encouraging increased consumer visits; and WHEREAS, businesses have expressed interest in becoming a part of the new zoning district and many others as well as many residents support the mixed use zone; and WHEREAS, the Mixed Use Business C District shall be bounded along Walnut Street Extension and Agawam Shopping Center as set forth in § 180-141 (A) below; and WHEREAS, it is in the best interest of the Town of Agawam, its residents and businesses to create a Mixed Use Business C District. NOW THEREFORE, the Agawam City Council hereby resolves, ordains, amends and enacts the following amendments to the Zoning Ordinance of Agawam: SECTION 1. The Zoning Ordinance is hereby amended by inserting after article XVIII the following article:- Article XIX Mixed Use Business C District §180-139 Scope To regulate Mixed Use Development in appropriate areas of the Town and to protect the public health, safety, and general welfare in the Town of Agawam by establishing controls that will facilitate flexible development while protect- ing the public interest. " I ' • • § 180-140 Purposes A. The purpose of this ordinance is to foster a greater opportunity for creative development by providing guidelines which encourage a mix of uses com- patible with existing and neighboring properties; to provide housing and business uses in locations where a variety of town services are available; to promote utilization of existing buildings and property, and to encourage the provision of open areas. The intent, furthermore, is to encourage interaction among activities located within a Mixed Use Development, to enhance business vitality, reduce vehicular traffic, provide employment opportuni- ties for residents close to home, ensure the compatibility with each other of the commercial, and residential uses, ensure that the appearance and effects of buildings and uses are harmonious with the character of the area in which they are located by: 1. Allowing a diversity of uses in close proximity in the district within a limited area, including residential, commercial, and office; 2. Accommodating mixed-use buildings with neighborhood-serving re- tail, service and other uses on the ground floor and residential units above; 3. Encouraging development that exhibits the physical design character- istics of pedestrian-oriented storefront-style shopping streets; 4. Promoting the opportunity for people to work, meet, shop and utilize services in the vicinity of their residences; 5. Providing opportunities for the development of affordable housing; 6. Providing opportunities for a mixture of uses in the same building; 7. Promoting a positive pedestrian environment in the district; 8. Facilitating integrated physical design; 9. Promoting a high level of design quality; 10. Encouraging the development of flexible space for small and emerg- ing businesses; 11. Facilitating development proposals responsive to current and future market conditions; and 12. Encouraging the development of open spaces and parks within the district to accommodate workers, residents, pedestrians, and shop- pers. Page 2 of16 • • §180-141 Establishment and Administration A. The Agawam Mixed Use Business C District shall include the properties listed below. These properties are included by reason oftheir potential to provide a flexible development area aligned with the purpose of this Arti- cle. Assessor's Map, Block and Lot 114-5-34 Il5-9-1 115-1-1 115-1-2 115-1-3 115-4-1 J15-4-2 115-4-3 J\5-4-4 114-3-3 114-3-4 J\4-3-5 114-3-7 J14-4-1 114-4-2 J14-4-3 J\4-4-5 J14-4-6 Jl4-4-7 J\4-4-8 J\4-4-9 Jl4-5-8 B. The provisions of this Section 180-144 shall be administered by the Plan- ning Board, except as otherwise provided herein. C. The Planning Board may waive any information requirements it judges to be unnecessary to the review of a particular plan. Such waiver decisions must be documented in writing by the Planning Board. §180-142 DefInitions A. The following definitions shall apply to all mixed use applications under these zoning ordinances: I. Assisted Living: Housing for adults, with services provided, such as meals, laundry, and housekeeping. Page 3 of 16 • • 2. Business Services : Services used in the conducting of business and commerce, including only: a. Consumer and mercantile credit reporting; b. News services; c. Research, development and testing; d. Business management and consulting; e. Insurance company service offices; f. Real estate offices. 3. Cafl:: A coffee house or small restaurant, often with an enclosed or outdoor section extending onto the sidewalk 4. Driveway: A space, located on a lot, built for access to a garage or off- street parking or loading space. 5. Fast Food Restaurant: An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the custom- er in a ready-to-consume state for consumption either within the restau- rant building or off the premises. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers. 6. Live-work Units: A livclwork unit is defined as a single unit (e.g., stu- dio, loft, or one bedroom) consisting of both a commercial/office and a residential component that is occupied by the same resident. The live/work unit shall be the primary dwelling of the occupant. 7. Lot Coverage: The area of a lot covered by the footprint of all struc- tures, as well as decks, balconies, porches, and similar architectural fea- tures, driveway areas, expressed as a percentage of the tota! lot area. 8. Mixed Use Development: The development of a tract ofland, building, or structure with two (2) or more different uses such as, but not limited to, residential, office, commercial, institutional, or entertainment, in a compact village form, with vehicular access to an accepted public way. A proposed Mixed Use Development shall demonstrate that the project shall be served by town water and sewer service upon completion of the proposed development. 9. Odor: A strong and unpleasant smell, for example, a garbage or chemi- cal smell. Page40f16 • • 10. Personal Services: Establishments primarily engaged in providing ser- vices involving the care of a person or hislher apparel, including but not limited to: a. Laundering, dry cleaning and garment services not exceeding 5,000 square feet of floor area per establishment; b. Coin operated laundries; c. Shoe repair; d. Photographic services; e. Beauty and barber shops; f. Apparel repair and alteration; g. Funeral services; h. Health clubs; 1. Clothing rental. II . Professional Services: Services performed by professional persons for business and personal use, including, but not limited to: a. Medical and health offices and clinics; b. Planning; c. Engineering and architectural; d. Accounting; e. Auditing and bookkeeping; f. Educational and scientific. 12. Senior and/or Handicapped Housing or Senior Apartments: Age- restricted multi-unit housing for 55 and older adults, or handicapped persons, with self-contained living units for older adults who are able to care for themselves. Usually no additional services such as meals or transportation are provided. 13. Sit Down Restaurant: An eating establishment with turnover rates gen- erally of at least one hour or longer, serving food intended for con- sumption on the premises. 14. Treebelt: Can consist of tree planters, brick pavers, and benches with a minimum width of five feet. §180-143 Use Regulations A. Uses Allowed by Right with Site Plan Review in a Mixed Use Develop- ment I. Mixed use developments may be constructed in the Mixed Use Devel- opment Overlay District with Site Plan Review by the Planning Board in accordance with s.180-13. The following uses may be included by right with Site Plan Review within a mixed use structure in a mixed use devel- opment: Page 5 of16 • • a. Retail Uses; b. Sit Down Restaurants; c. Cafes and outdoor dining areas; d. Multi-family Residential uses; e. Home Occupations; f. Professional Service Offices; g. Personal Service Establishments; h. Municipal Uses; 1. Banks or financial institutions, automated teller machines (ATMs); J. Health club; k. Townhouses (single family dwellings connected by one or more walls); 1. Cinema, theatre, or auditorium; m. Park, recreation or playground; n. Artist studio/residence; o. Assisted living residential uses senior apartments, and senior housing; p. Artisan manufacturing or production (hand tools only, e.g. jewelry or ceramics); q. Civic uses; r. Live/work units; s. Multiple Uses in the same structure; t. Bars and cocktail lounges. The above uses are not allowed as stand-alone structures in this district. B. Special Permit Uses in a Mixed Use Development I. The following uses may be included within a mixed use development with the approval of a Special Permit from the Board of Appeals in ac- cordance with s. 180-11 and 180-12: a. HotellMotel not exceeding 10 guest rooms per establishment; b. Dry cleaning, linen cleaning, or diaper services which clean cloth- ing articles on site; c. Animal hospitals; d. Drive-up service windows associated with banks, pharmacies or cafes; e. Fast food restaurants. 2. Within a mixed use development, the above listed uses shall not be al- lowed as free standing buildings. C. Prohibited Uses in a Mixed Use Development 1. The following uses shall not be included within a Mixed Use Develop- ment: Page 6 of16 Mini- mum Lot Area o s.f. Mini- mum • • a. Industrial uses; b. Motor vehicle sales, maintenance and repair facilities; c. Gasoline filling stations; d. Adult entertainment uses; e. Automobile or truck sales; f. J unkyards. D. Same-structureJOn-site Mixed Use I. Within an approved Mixed Use Development, there shall be no re- striction on combining different categories of use within the same building except any imposed by the State Building Code or other federal, state, or local regulations. 2. No mixed use development shall have more than 75% of the total square footage in the development used for residential uses, includ- ing multi-family uses, assisted living and senior housing. E. Special Permit Criteria for All Mixed Use Developments 1. All Mixed Use Developments requiring a Special Permit in Section lS0-1 43(B) above must meet the Special Permit requirements in Sec- tion 180-1 I and the Site Plan Approval requirements in Section 180-13. 2. All Mixed Use Developments requiring a Special Permit must also meet the following additional Special Permit criteria: a. The project complies with the additional Performance Standards for Mixed Use Developments in Section 180-144 below. b. The project is consistent with the purposes of this ordinance, as stated in Section 180-I 40. F. Dimensional Requirements The dimensional requirements applicable to the Mixed Use Overlay Dis- trict are shown in the Table of Dimensional and Density Regulations be- low: Table of Dimensional and Density Regulations for the Mixed Use, Business C District Mini-Mini-Mini-Maxi-Maximum Maximum Setback mum mum mum mum Lot Coverage Frontage Front Side Rear Height Yard Yard Yard l5/eet IO/eet O/eet , lO/eel 45/eetl 75% 15/eet I 3 stories Page 7 of16 • • §180-144 Performance Standards for Mixed Use Developments To the extent feasible, all Mixed Use Developments must meet the Perfor- mance Standards in Sections 180-144 A-O below. No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes, excessive odor, noise, vibration or excessive light vio- lating the standards set forth in the performance criteria in this Section 180-144 A-Q. Any other performance standards of the town shall also apply to uses conduct- ed under this Section 180-144 of the Agawam Zoning Ordinances. A. Access and Traffic Impacts: 1. Traffic and safety impacts to the existing and proposed roads shall be minimized. 2. Access provided via shared curb cuts shall be encouraged. Curb cuts shall be as narrow as is feasible, without resulting in traffic safety is- sues. 3. Pedestrian and vehicular traffic shall be separated and walkways shall be provided for access to adjacent properties and between businesses. 4. Plans must illustrate provisions for safe automobile, pedestrian and bi- cycle circulation. Provisions must be made for motor vehicle, bicycle, and pedestrian circulation connections to adjacent lots. 5. The Planning Board shall require a detailed traffic study for the follow- ing uses: a. high volume traffic generating uses with a trip generation rate over 700 vehicles/day (based on Institute of Transportation Engi- neers rates found in Trip Generation); b. the construction of a new Mixed Use Development struc- ture of more than 25,000 square feet in gross floor area; and c. any external enlargement that brings the Mixed Use Development total to 25,000 square feet gross floor area for all structures. 6. The Planning Board may waive any or all requirements for a traffic study for external enlargements ofless than 2,000 square feet of gross floor area in excess of the 25,000 square feet gross floor area threshold. The traffic impact statement shall contain: Page 8 of16 • • a. The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels; b. The proposed traffic flow pattern for both vehicles and pedestrian access shall be described and related to the site plan, including ve- hicular movements at all major intersections likely to be affected by the proposed use of the site; c. Traffic flow patterns at the site including entrances and egresses, loading and unloading areas, and curb cuts on site and within one hundred (100) feet of the site; d. A detailed assessment of the traffic safety impacts of the proposed project or use on the carrying capacity of any adjacent highway or road, including the projected number of motor vehicle trips to enter or depart from the site estimated for daily hour and peak hour traf- fic levels, road capacities and impacts on intersection. Existing daily and peak hour traffic levels and road capacities shall also be given; e. A parking lot vehicle traffic and pedestrian circulation plan shall be designed to minimize conflicts and safety problems. B. Noise: I. In order to protect, preserve, and promote the health, safety, welfare, peace, and quiet of the inhabitants of Agawam through the reduction, control, and prevention of such loud or raucous noise that unreasonably disturbs, injures, or endangers the comfort, privacy, repose, health, peace or safety of reasonable persons, all noise levels, measured at a height off our feet (4') above the ground surface at all property lines, using a sound meter which meets the most current American National Standards Institute's Specification for Type II Sound Level Meters, must not exceed the following standards: Time of Day 7:00 a.m. to 7:00 p.m. ,-.. ------. ._-" .... ". 7:00 p.m. to II :00 p.m. I I :00 p.m. to 7:00 a.m. Max. Sound Level (dBA) 65* 50 45 *Note: 65 dba = normal conversation; 50 dba = noise level of a normal working refrigerator; 45dba = a quiet library 2. These standards shall not apply to power tools and equipment (i.e. lawn mowers, leaf blowers, sweepers, etc.) used in the normal maintenance of the site's outdoor areas (i.e. lawn, garden, parking, etc.). Such out- door maintenance shall be limited to between the hours of8:00 am 7:00 pm. Page 9 of 16 • • C. Emissions and Odors: I , Emissions and odors shall be completely and effectively confined with- in the building, or so regulated as to prevent any nuisance, hazard, or other disturbance from being perceptible (without the use of instru- ments) at any lot line of the premises on which the use is located, No emissions are permitted which can: • cause any damage to health of humans, animals or vegetation • cause excessive soiling • result in odorous gases or odoriferous matter in such quantities as to be offensive 2, The determination of what emissions are in violation of this provision shall be made by the Zoning Enforcement Officer or hislher designee taking into consideration all of the following : • the level of the odor; • the nature of the odor is usual or unusual; • the origin of the odor is natural or unnatural; • the level of the ambient odor; • the proximity of the odor to living/sleeping facilities; • the nature and zoning of the area from which the odor emanates and the area where it is received; • the duration of the odor; and whether the odor is recurrent, intermit- tent, or constant. D. Lighting: I. Lighting systems should be designed, constructed, and installed in a manner that controls glare and light trespass, minimizes obtrusive light, conserves energy and resources while maintaining safety, visibility, se- curity of individuals and property and curtailing the degradation of the nighttime visual environment. Evenly distributed lighting throughout a site will minimize impacts on surrounding neighborhoods and increase efficiency, By directing light where it is needed and only the intensity necessary to serve the intended purpose, these standards will prevent glare and its harsh shadows and blind spots. All lighting shall comply with the following: • Except for approved exterior lighting, operations producing glare shall be conducted entirely within an enclosed building. No direct or sky-reflected glare, whether from floodlights or from high tem- perature processes such as welding shall be permitted beyond its lot lines onto neighboring properties, or onto any street. • Exterior lighting, including but not necessarily limited to lighting of exterior walls of buildings from an external light source, lighting of Page 10 of16 • • parking areas, and lighting of walks and drives shall be done in such a manner to direct light away from adjacent lots and public ways. • All outdoor light fixtures and illuminated signs shall be designed, located, installed and directed in such a manner as to prevent light trespass beyond the property line, and light above a ninety-degree horizontal plane. If necessary, an applicant may need to provide photometric plans and/or manufacturing specification sheets to show conformance with these standards • All nonessential lighting, including display, parking, and sign light- ing, shall be turned off after business hours, leaving only the light- ing necessary for site and pedestrian security, crime prevention and streetlighting. • All lighting shall be recessed and shielded to prevent off-site glare. • Site lighting shall confonn to the following output standards: Maximum Site Average FAAt9l\ll41eIlt (footcandle) . . (footcandle) ProPertY Lille 5 2.5 0 E. Storage: 1. All materials, supplies and equipment shall be stored in accordance with Fire Prevention Standards of the National Board of Fire Under- writers, and shall be screened from view from public ways and abutting properties. F. Waste Disposal: 1. Waste disposal shall follow state and town Board of Health regulations. 2. Storage of waste and waste facilities shall be screened from view from public ways and neighboring properties. 3. Appropriate provisions shall be made for the disposal of trash, which may include, but shall not be limited to, the provision of trash com- pactors within the building or on site, as well as a signed annual con- tract for rubbish removal. 4. Dumping of dumpsters shall be limited to weekdays between the hours of 7 AM and I J PM only. Dumpsters must be fenced, gated and screened from view. Page 11 of16 • • G. LoadingfUnloading: I. The Planning Board may require that operations, including loading and unloading shall be limited to weekdays between the hours of 7 AM and llPM only. 2. Loading and unloading platfonns and doorways specially designed for loading/unloading are prohibited on the front side of any building. H. Walkways: I. For public convenience, a pedestrian and/or bicycle way or sidewalk system shall connect all uses on the site, and otherwise provide appro- priate circulation or continuity to an existing pedestrian or bicycle cir- culation system. These uses include, but are not limited to residential, parking, transit, bicycling, recreation, and commercial uses. 2. Walkways and sidewalks must confonn to requirements of the Ameri- cans with Disabilities Act (ADA) and the Massachusetts Architectural Access Board (MAAB). 3. Sidewalks are required along all town streets. A treebelt is required ad- jacent to sidewalk areas. The Planning Board can waive treebelt re- quirements in situations where they determine that local conditions warrant. 4. The development should provide internal and/or public pedestrian con- nections that are direct, convenient and pleasant with appropriate amen- ities (e.g. attractive sidewalks and benches). I. Vehicular Access, Parking and Loading, and Shared Parking Re- quirements: 1. Parking shall be located to the side or rear of buildings. In no case shall parking be allowed in the treebelt adjacent to the sidewalk or within the front setback of any lot. 2. Parking spaces may be located either on or off the lot. Applicant must show proof of space, dedicated to the use, its location relative to the building, and must indicate if the space is owned or leased. 3. Buildings that do not have frontage on a street must provide access for emergency and service vehicles through the layout and design of driveways, interior service roads, or pedestrian and bicycle circulation corridors. 4. The Planning Board may allow shared parking in a mixed use devel- opment. Page 12 of16 • • 5. A parking study shall be required for all new structures within the Dis- trict. A parking study is not required for re-use of existing structures. A fonnal parking study may be waived for small developments where there is established experience with the land use mix and its impact is expected to be minimal. If standard rates are not available or limited, the applicant may collect data at similar sites to establish local parking demand rates. J. Alleys: I . Alleys are permitted to access parking in the rear of structures, with Planning Board review. Alleys must be safe, secure and well lit. Alleys must be paved, with a minimum width often (10) feet. K. Development and Design Standards: I. Existing buildings shall be re-used for mixed use developments, where feasible, as a priority over new construction. 2. Buildings or structures that are listed or eligible for inclusion on the National Register of Historic Places and/or the Massachusetts Register of Historic Places shall be converted, constructed, reconstructed, re- stored or altered to maintain or promote the status of the building or structure on, or eligibility for inclusion on the State or National Regis- ter of Historic Places. L. Signs: I, Signs shall conform to the existing ordinances of the Town of Agawam in s. 180-75 through s. J 80-89. 2. Permitted signs include: signs located within the sign band on building facades; awning signs; hanging signs projecting from building facades; window signs and un-moveable free-standing signs. 3. Temporary signs permitted include: political signs; special events signs; and for sale or for lease signs. 4. Prohibited signs include: flashing signs; roof signs; moveable signs; in- ternally lit plastic signs. 5. Each business may display not more than two permanent signs. 6. Sign materials should be durable and easy to maintain. Signs may be constructed of wood, metal, stone, gold leaf, glass, canvas, stained glass or encased in a wooden frame. 7. Sign illumination may include external white light illumination, provid- ed it is shaded from view off the premises, and neon. 8. Sign size: Signs may not exceed sixteen square feet in area. 9. Sign height: Free-standing pole signs shall have a maximum height of ten feet; other free-standing signs shall have a maximum height offour feet. Page 13 of16 • • M. Landscaping Requirements: I. Screening of mechanical equipment, trash, and loading areas shall be provided through the use of walls, fences, and/or dense, evergreen plant materials. 2. The landscaped perimeter area shall have a minimum width of at least five feet, and can consist of tree planters, brick pavers, and benches. 3. Landscaping shall be provided for driveways and other vehicular use areas to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular traffic. 4. Interior parking areas shall be landscaped with sufficient shade trees to provide 50% shade within fifteen (15) years of installation. 5. Completion of the landscaping requirements may be postponed due to seasonal weather conditions for a period not to exceed six (6) months from the time of project completion. N. Green Infrastructure and Stormwater Runoff I. To the extent feasible, Mixed Use Development projects shall recharge all stormwater on site. The use of green infrastructure strategies for storm water recharge, such as permeable pavements, tree box filters, green streets, rain gardens, stormwater infiltration basins and green roofs, are strongly encouraged. Applicants' site plans shall indicate how the proposed development addresses green infrastructure and storm water recharge. O. Maintenance of Landscaping and Screening: I. All landscaping and screening shall be maintained by the property owner. 2. Landscaping and screening plant materials shall not encroach on the public walkways or roadways in a way that impedes pedestrian or ve- hicular traffic or visibility. 3. Shrubs or trees that die shall be replaced within one growing season. P. Appearance/Architectural Design I. Architectural design shall be compatible with the historic character and scale of buildings in the neighborhood and the Town of Agawam Page 14 of16 • • through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques, 2, In making its decision, the Planning Board may consider whether the building design is compatible with the following design guidelines: a, Exterior facades are faced with stone or brick, or clapboards of wood, aluminum or vinyl; b, Exterior facade treatment is compatible on all sides visible from a public way or parking lot; c, Facades facing town streets have windows facing the street. 3. Variations in architectural detail, form and siting shall be used to pro- vide visual interest and avoid monotony. 4, Existing buildings subject to reconstruction or rehabilitation and pro- posed buildings shall be compatible with the historic character and scale of contiguous buildings within the immediate neighborhood vicin- ity, 5. Proposed buildings should relate harmoniously to each other. 6, Buildings shall be designed so that retail, restaurant, and personal ser- vice establishments are strongly encouraged to be located on the ground or below grade building levels. 7, The entire building fa~ade must be oriented to front and side street property lines and must be located within fifteen (15) feet of such prop- erty lines, with sidewalks in front of buildings. 8. Public open spaces, such as plazas and pocket parks, are encouraged within the development; Q. Outdoor Dining 1. Outdoor dining shall be permitted by right, as an accessory use for any restaurant use, and must comply with the following standards: a. Alcohol may be served to and consumed by patrons in outdoor din- ing areas, provided that all necessary licenses are acquired. These licenses are to be gathered through the Liquor Commission, the Building Department and the Board of Health. b, The hours of operation of outdoor dining areas may be equal to or less than the hours of operation of the main restaurant. Dining areas which abut residential areas must end outdoor dining and seating by 11 pm. c. Litter must be cleaned up regularly. Page 15 of16 • • §181-145 Optional Affordable Housing Bonus A. A density bonus may be provided by the Planning Board, in return for provision of affordable housing, if the following criteria are met: 1. At least ten (10%) percent of the total dwelling units in a mixed use development may be designated as affordable housing. Afford- able housing will be defined as those residential units affordable to a household earning up to eighty percent (80%) of the median in- come in Agawam's statistical area. 2. The affordable housing units shall include resale, lease or rental controls that will ensure continued affordability by future low and moderate income households. Deed restrictions or similar devices shall be used to limit future sale or rental prices for these purposes. 3. The affordable units may be located in an existing structure if their construction constitutes a net increase in the number of dwelling units in the development. B. The Planning Board shaH determine the density bonus, which may consist of both of the following: 1. An increase in building height to a maximum of 4 stories; 2. An increase in lot coverage to a maximum of 95%. I) I1d .j~{}LL-Dated this ~ day of __ ,-",.h=..c_-=-__ , 2014. PER ORDER OF THE AGAWAM CITY COUNCIL FJ~ 1~OV"" AS FORM AND LEGALITY Vincent F. GlOS ia, City Solicitor Page 16 of16 • • MAYORAL ACTION Received this ----":3~r_b_,l ____ day of JLAfLL. , 2015 from Council Clerk. /")N{ J Signed by Council President this ___ .,L-L-____ day of t.u't..L , 2015. APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam (fharter, as amended, I hereby approve the passage ofthe above legislation on this "3 t7( day of 0LLN ,2015. - 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 _________ ,2015 for the following reason(s): Richard A. Cohen, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK Q.({A Returned to Council Clerk this __ -...:::. J ___ day of J UflL. ,2015. • Town of Agawam 36 Main Street Agawam, Massachu~_~~_~ 01001~1837 "Tel. 413-786-0400 Fax 413-786-9927 May 19,2014 Christopher C. Johnson, President Dennis J. Perry, Vice President George Bitzas, Councilor Cecilia P. Calabrese, Councilor PaulC. Cavallo, Councilor James P. Cichetti, Councilor Gina M. Letellier, Councilor Joseph Mineo, Councilor Donald M. Rheault, Councilor " Robert Rossi, Councilor Anthony Suffriti, Councilor Agawam Town COIIDcil 36 Main Street Agawam, MA OlDOI Dear Councilors: "" (-?c At its duly called meeting held on May 1,2014, the Agawam Planning Board voted to send a positive recommendation to the City Council in favor of TOR-20l4-4 Mixed Use Business C District. In supporting the Mixed Use District, the Planning Board believes this is a critical first step towards the revitalization of the Walnut Street Extension shopping area. By adopting the amendment: 1. The Town will send a positive "message to those interested in the Games and Lanes property that the Town is supportive of its redevelopment. While maximizing the developable area, the Mixed Use District will eliminate the possibility that an industrial use would be located on the site. In addition, it sets clear and concise standards for its redevelopment. Continued - • private ownership of the property would be in the best interest of the Town of Agawam and Agawam taxpayers since the cost of clean-up would be incurred by a private party, not the taxpayers of the Town. 2. The Town will send a positive message to the many businesses that are located within the proposed Business C District, acknowledging their contribution to the Town in the form of valuable services, tax revenues ($358,429 in 2013) and jobs. The Mixed Use District provides greater flexibility to these business owners/property owners to make improvements to their properties while protecting them from irresponsible development by others. 3. The Town will be eligible for District Local Technical Assistance offered by the Pioneer Valley Planning Commission for studying the parking, pedestrian and traffic demands of the Walnut Street Extension Shopping Area. Preparation of plans and designs to address the critical lack of necessary parking, will enable the Town to apply for up to $1 million in MassWorks grant fimds to construct the necessary improvements to make this area economically viable, increase tax revenues, increase employment opportunities and make it a destination for Agawam residents. 4. The Town will show a commitment to zoning reform by replacing regulations drafted over sixty years ago with comprehensive, well conceived, clearly worded regulations that, when implemented, will result in quality development. The Planning Board supports the Mixed Use Business C District because it is an important step in addressing the issues of blight, contamination, poor parking and traffic flow that have plagued the Walnut Street Extension area for many years. Adoption will benefit the entire community, while inaction may result in additional empty storefronts, loss of tax revenues, job loss and more costly corrective actions in the future. If you have any questions, please contact the Planning Office at 786-0400, extension 8738. Since~~/f? Mark R. Paleologopoulos, Chairman AGAWAMPL~GBOARD cc: Clerk, Solicitor, File • JI5 I 3 JI5 I I 115',9, I JI437 JI4134 , , Business C District ::; .. ~ Wetland Steep Slope Agawam Mixed Use Development Business C. District o 125 250 500 __ .. ===-____ .... Feet W ~E W s • »»» C.,.""'IrIt~~ pVpC • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1831 Tel. 413-786-0400 Fax 413-786-9927 May 9;2014 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 Joseph Mineo, Councilor Donald M. Rheault, Councilor· Robert Rossi, Councilor Anthony Suffriti, Councilor Agawam Town Council 36 Main Street Agawam, MA 0 I 00 I Dear Councilors: . At its duly called meeting held on May 1,2014, the Agawam Planning Board voted to send a positive recommendation to the City Council in favor of TOR-2013-8 Mixed Use Business C District. In supporting the Mixed Use District, the Planning Board believes this is a critical first step towards the revitalization of the Walnut Street Extension shopping area. By adopting the amendment: I. The Town will send a positive message to those interested in the Games and Lanes property that the Town is supportive of its redevelopment. While maximizing the developable area, the Mixed Use District will eliminate the possibility that an industrial use would be located on the site. In addition, it sets clear and concise standards for its redevelopment. Continued· • • private ownership of the property would be in the best interest of the Town of Agawam and Agawam taxpayers since the cost of clean-up would be incurred by a private party, not the taxpayers of the Town. 2. The Town will send a positive message to the many businesses that are located within the proposed Business C District, acknowledging their contribution to the Town in the form of valuable services, tax revenues ($358,429 in 2013) and jobs. The Mixed Use District provides greater flexibility to these business owners/property owners to make improvements to their properties while protecting them from irresponsible development by others. 3. The Town will be eligible for District Local Technical Assistance offered by the Pioneer Valley Planning Commission for studying the parking, pedestrian and traffic demands of the Walnut Street Extension Shopping Area. Preparation of plans and designs to address the critical lack of necessary parking, will enable the Town to apply for up to $1 million in Mass Works grant funds to construct the necessary improvements to make this area economically viable, increase tax revenues, increase employment opportunities and make it a destination for Agawam residents. 4. The Town will show a commitment to zoning reform by replacing regulations drafted over sixty years ago with comprehensive, well conceived, clearly worded regulations that, when implemented, will result in quality development. The Planning Board supports the Mixed Use Business C District because it is an important step in addressing the issues of blight, contamination, poor parking and traffic flow that have plagued the Walnut Street Extension area for many years. Adoption will benefit the entire community, while inaction may result in additional empty storefronts, loss of tax revenues, job loss and more costly corrective actions in the future. If you have any questions, please contact the Planning Office at 786-0400, extension 8738. Mark R. Paleologopoulos, Chairman AGAWAM PLANNING BOARD cc: Clerk, Solicitor, File • • Page 1 of 1 Deborah Dachos From: eden214@aol.com Sent: Monday, May 05,201411:15 AM To: Deborah Dachas Subject: Re: letter Deb, Just a few thoughts about what we might consider including in the next lelter. ...... . If the council voted for the proposed Zoning Amendment it would send a strong message to interested private parties that the Town does support private investment in the Games and Lanes site. Also, it would relieve the Town and the tax payers of the burden of paying the costs to clean up the affected area. Revitalization of this area by approving this amendment would benefit the entire community whereas dOing nothing serves no one . tf the site is allowed to continue to deteriorate the future costs for clean up will certainly increase and if these costs are to be absorbed by the Town will have a serious financial impact to the tax payers. Vi ---Original Message--- From: Deborah Dachos <DDachos@agawam.ma.us> To: Pamela Kerr <PKerr@agawam.ma.us>; David Chase <dac1913@yahoo.com>; David Chase <dchase@HampdenBank.com>; Mark Paleologopoulos <mpaleo@comcast.net>; Mark Paleologopoulas <mpaleologopoulos@baycarehealth.org>; Nick Pandolfi <NMPandolfi@gmail.com>; Tricia O'Grady-Howard <togradyhoward@gmail.com>; Vi Baldwin <eden214@aol.com> Sent: Fri, May 2, 2014 11 :25 am Subject: lelter Hi All, Attached is the letter you sent to the Council. Please let me know what changes you would like to make. Thank you. Deb Deborah S. Dachos, Director Agawam Office of Planning and Community Development 36 Main Street Agawam, MA 01001 (413) 786-0400, ext. 8738 planning@agawam.ma.us Confidentiality Statement This Town 0' Agawam e&ectronic message ak>ng with any corresponding attachments may contain privi~ or confidential information. This infOfTJ1ation is for the use of the intended recipient(s) only. Any disclosure, copying, distribution, or use of the conlants of this \T'Ie'S.&age in any manneT is strictly pohibi\ed by anyone other than the intended recipjenl(s). If you have received this email in error, notify the sender immediately by email and delete aM copies from your networt. 5/6/2014 • • Page 1 of 1 Deborah Dachos From: TRICIA O'GRADY -HOWARD [togradyhoward@gmail.comj Sent: Monday, May OS, 2014 10:45 AM To: Deborah Dachos Subject: Re: letter Hi Deb, I think this letter really emphasizes so many important points in a direct way. My feeling is that the council doesn't realize what a multifaceted tool the MassWorks program is. It gives a supportive positive boost to many situations from parking to new jobs to multimodal transportation options. This program has so many positive aspects and all we need to do to start the process is simply qualify. Best, Trish Tricia O'Grady-Howard ASLA B.S. Landscape Architecture 2014 University of Massachusetts, Amherst On May 2, 2014, at 11 :24 AM, Deborah Dachos <DDachos@agawam.ma.uS> wrote: Hi All, Attached is the letter you sent to the Council. Please let me know what changes you would like to make. Thank you. Deb Deborah S. Dachos, Director Agawam Office of Planning and Community Development 36 Mai n Street Agawam, MA 01001 (413) 786-0400, ext. 8738 planning@agawam.ma.us Confidentiality Statement This Town of Agawam electronic message along with any corresponding attachments may contain privileged or confidential information. This infonnation is for the use of the intended recipient(s) only. Any disclosure, copying, distribution, or use of the contents of this message in any manner is strictly prohibited by anyone other than the intended recipient(s). If you have received thjs email in error, notify the sender immediately by email and delete all copies from your network. <positive rec to council mixed use.doc> 5/6/2014 Page 1 of2 Pamela Kerr • From: Larry White [Iarrywhitejr@gmail.comj Sent: Thursday, May 01,2014 12:26 PM To: Deborah Dachos Cc: Pamela Kerr; Mayor Richard Cohen; William Reichelt; David Chase; David Chase; Mark Paleologopoulos; Mark Paleologopoulos; Nick Pandolfi; Tricia O'Grady-Howard; Vi Baldwin Subject: Re: Walnut st. Ext Hello, Thank you for the quick response. I fully understand the issues with the Games and Lanes location and I'm not suggesting it need be the common area parking. Unfortunately to date, I've not seen any plan that seriously addresses the parking issues, only some vague comments about "solving" the problem. I'm glad to be part of a group that works on the problem with the town and other business owners. I'm hoping Agawam doesn't pass this to just get rid of the eyesore and create new ones with vacant businesses. I know I will lose at least 2 anchor tenants without a solution. Thanks for all your efforts. I sincerely appreciate it. Sincerely Larry White 413.786.1651, On May 1, 2014, at 10:23 AM, Deborah Dachos <DDachos@agawam.ma.us> wrote: Hi Larry, Thank you for your comments regarding the proposed Mixed Use District. I think I have told you in the past, that this proposed zoning amendment, if adopted will enable me to gain assistance from the Pioneer Valley Planning Commission (PVPC) to apply for a MassWorks grant to increase parking on Walnut Street Ext. There is up to $1 million available to construct par1<ing (Le., similar to what you have suggested). If the Mixed Use District is not adopted, I will lose PVPC's assistance. You mention that you and many other businesses currently use the Games and Lanes site for parking. This is due to the cooperation of the property owner. The Town does not own the property, nor would we have the ability to allow you to continue to use the site, if it were sold to another private party . The Town would prefer not to have to take the property due to the liability and costly price tag for remediation ($400,000+). As you are aware, your property is one of the affected parcels which will require remediation. I agree completely that parking is a priority for the existing businesses to succeed and the area to thrive. On-street parking, changes to the existing parking configuration and small satellite lots will significantly improve the situation. That is why I ask for your support of the Mixed Use District with the understanding that it is the first step towards reaching this goal. If you have any questions, please do not hesitate to contact me. Deborah S. Dachos, Director Agawam Office of Planning and Community Development 36 Main Street Agawam, MA 01001 5/1/2014 (413) 786-0400, ext. 8738 planning@agawam.ma.us • From: Larry White [mailto:larrywhitejr@gmail.com] Sent: Thursday, May 01, 2014 5:59 AM To: Deborah Dachos Cc: Pamela Kerr Subject: Walnut St. Ext Hi Deborah, • Page 2 of2 Unfortunately, I will not be able to attend the Planning Board Meeting this evening. However, I wanted to make sure it was on record that not all of the business/property owners are in favor of proposed plan without common area parking being addressed. There are between 10-15 businesses that will be negatively impacted by the loss of the parking currently available atthe old Games and Lanes. The include Blue Rei's, Agawam Bowl, Salon Tres Chic, Sebatians. WLCQ, New England Center for Family, Second Wind, Once Around to name a few. I've talked with many of these business owners and have not found one that believe their business will increase as a result of the Games and Lanes building being demolished, but do believe business will be hurt by loss of needed parking. The thought of a 10 spot lot down by EB's is not an answer to our problem. There are ways to address the issues without having to take the entire Games and Lanes property. For example, make Shopping Court Lane a one way street with parking on the other side. Additionally, create parking down Walnut SI. Ext (head in) like you see in Northampton Center. Maybe even make Walnut SI. Ext one way. The thought of making the Games and Lane's property approved for 75% coverage only magnifies the problem. In short, what I know is just the demolition and/or construction of a new building will not increase the values of our buildings and businesses, but decrease their value since our customers and employees will not have access to the needed parking. I hope to make the City Council meeting, but I believe I will be out of town on business. I am willing to meet with you and the board to discuss further. Thank you. Sincerely, Larry White, owner 333~39 Walnut SI. Ext Agawam, MA 01001 413.786.1651 Confidentiality Statement This Town of Agawam electronic message along with any corresponding attachments may contain privileged or confidential infonnation. This infonnation is for the use of the intended recipient(s) only. Any disclosure, copying, distribution, or use of the contents of this message in any manner is strictly prohibited by anyone other than the intended recipient(s). If you have received this email in error, notify the sender immediately by email and delete all copies from your network. 5/1/2014 Pamela Kerr From: Larry White [Iarrywhitejr@gmail.com) Sent: Thursday, May 01, 2014 5:59 AM To: Deborah Dachas Cc: Pamela Kerr Subject: Walnut 51. Ext Hi Deborah, • Page 10fl Unfortunately, I will not be able to attend the Planning Board Meeting this evening. However, I wanted to make sure it was on record that not all of the business/property owners are il'l favor of proposed plan without common area parking being addressed. There are between 10-15 businesses that will be negatively impacted by the loss of the parking currently available at the old Games and Lanes. The include Blue Rei's. Agawam Bowl. Salon Tres Chic. Sebatians. WLCa. New England Center for Family, Second Wind, Once Around to name a taw. I've talked with many of these business owners and have not found one that belteve their business will increase as a resutt of the Games and lanes building being demolished, but do believe business will be hurt by loss of needed parking. The thought of a 10 spot lot down by EB's is not an answer to our problem. There are ways to address the issues without having to take the entire Games and Lanes property. For example, make Shopping Court Lane a one way street with parking on the other side. Additionally, create parking down Walnut SI. Ext (head in) like you see in Northampton Center. Maybe even make Walnut SI. Ext one way. The thought of making the Games and Lane's property approved for 75% coverage only magnifies the problem. In short what I know is just the demolition and/or construction of a new building will not increase the values of our buildings and businesses, but decrease their value since our customers and employees will not have access to the needed parking. I hope to make the City Council meeting, but I believe I will be out of town on business. I am willing to meet with you and the boanl to discuss further. Thank you. Sincerely, Larry White, owner 333-339 Walnut SI. Ext. Agawam, MA 01001 413.786.1651 5/1/2014 PRESIDENT Christopher C. Johnson VICE PRESIDENT Dennis J Perry COUNCILORS George Bitzas Cecilia P. Calabrese Paul C. Cavallo James P. Cichetti Gina M Letellier Joseph Mineo Donald M. Rheault Robert E Rossi Anthony R. SujJi-iti ADMINISTRA nVE ASSISTANT Barbara A. Bard TELEPHONE (413) 726-9716 FAX (413) 726-9717 EMAIL bbard@agawam.ma.us \GA WAM CIT' COUNCIL 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 April 14,2014· Agawam Planning Board Town Hall 36 Main Street Agawam, MA. 01001 Re: TOR-2014-4 Dear Members of the Agawam Planning Board: At its regularly scheduled City Council meeting of April 7,2014, the Agawam City Council referred the following item to the Agawam Planning Board for them to hold a public hearing and make a recommendation. The City Council is setting a date of May 19, 2014 on which to hold their public hearing on the same. • PH-2014-2 (TOR-2014-4) -An Ordinance to Amend the Zoning Code of the Town of Agawam creating the Mixed Use Business C District If you have any questions, please do not hesitate to contact me. Sincerely, Christopher C. Johnson, Presid Agawam City Council CCJ/bb cc: Full Council Mayor Solicitor RECEIVED APR 1·5 2014 AGAWAM PLANNING BOARD • l Town of Agawam · 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, May 1,2014 at 6:30 PM in the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of the Agawam Planning Board on a proposed zoning amendment to Section 180 of the Agawam Zoning Ordinance by adding a new district entitled "Mixed Use Business C District". A copy of the proposal can be obtained from the Agawam Plarurlng 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: Mark R. Paleologopoulos, Chairman Agawam Planning Board Ellendave LLC 120 Ely Way Longmeadow, MA 01106 Ellen Ratner 151 Springfield Street Agavrcun,MA 01001 Kimball Realty Group LLC 73 Birchwood Avenue Longmeadow, MA 01106 David A. Ladizki 115 Somerwynd Lane Suffield, CT 06078 Willowbrook Assoc. 54 Ramah Circle North Agawam, MA 01001 Penfield Productions Ltd. 35 Springfield Street Agawam, MA 01001-1521 Power Test Realty Co. Limited Partnership c/o Getty Realty Corp. 125 Jericho Turnpike Ste 103 Jericho,~ 11753 BGL Construction Co. Inc. 65 Agawam Shopping Court Agawam, MA 01001 Ronald & Ann DeGray 103 Verdugo Street West Springfield, MA 01089 Kimball Realty Group LLC 73 Birchwood Avenue Longmeadow, MA 0 II 06 David A. Ladizki 115 Somerwynd Lane Suffield, CT 06078 Marcel Sander Trustee 53 Springfield Street Realty Trust 342 Beacon Street Newton, MA 02467-3977 Raymond & Maria Kuselias 158 East Longmeadow Road Wilbraham, MA 01095-1422 CH Corporation 23 Suffield Street Agawam, MA 01001-1721 Ken Vincunas, President West of the River Chamber c/o Development Associates 630 Silver Street Agawam, MA 01001 • Standard Management Corp. 60 McLean Street Wellesley, MA 02481 Walnut Plaza LLC 6 Village Hill Road Williamsburg, MA 01096-9706 Beverly M. Ladizki 115 Somerwynd Lane Suffield, CT 06078 Agawam Plaza LLC 342 Beacon Street Newton, MA 02467-3977 Cook Associates Inc. P.O. Box 450 Chester, CT 06412-1238 Lawrence White, Jr. 88 Liswell Drive Feeding Hills, MA 01030 Micheal Beaudry Azon Realty 87 Country Road Agawam, MA 01001 Thomas Russo, Jr. 204 Suffield Street Agawam, MA 01001 _. May 6, 2014 • West of the River Chamber Agawam • West Springfield Re: Mixed Use Zoning District To: Christopher C. Johnson President, Agawam City Council • The West of the River Chamber of Commerce would like to express our support of the proposed Zoning Amendment to create the Mixed Use Business C District. The Chamber believes that the addition of the proposed Mix Use Business C District will encourage the redevelopment and revitalization of areas suitable for this zoning such as Walnut Street Extension Business District. The West of the River Chamber applauds the Agawam Planning Board and Town Planner in their efforts to enhance the Agawam business community with this zoning amendment, and we ask the City Council to favorably consider the proposal. Respectfully, Kenneth P. Vincunas Chairman West of the River Chamber of Commerce PO Box 48 West Springfield, MA 01090..0048 Telephone -413-426-3880 Fax (888) 649-7077 LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, May 1,2014 at 6:30 PM in the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of the Agawam Planning Board on a proposed zoning amendment to '::-I' Section 180 of the Agawam Zoning Ordinance by adding a new district entitled "Mixed Use ex ~ Business C District". A copy of the proposal can be obtained from the Agawam Planning Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam,MA. BY ORDER OF: Mark R. Paleologopoulos, Chairman Agawam Planning Board (Ad to be run 4/17/14 & 4/24/14) Cc: Planning Boards in: Westfield West Springfield Suffield Southwick Springfield Pioneer Valley Planning Commission Dept. of Housing & Community Development, Boston To: From: CC: Date: Re: • ". TOWN OF AGAWAM LAW DEPARTMENT 36 MAIN STREET, AGAWAM, MASSACHUSETTS 01001 TEL. (413) 786-0400, Ext. 8726 or 786-5400 FAX (413) 786-9927 Vincent F. Gioscia, Solicitor City Council Law Department Planning Board 1 April 2014 Mixed Use Business C (TOR-2014-4) Question Presented Can the Mixed Use Business C petition be placed back before the City Council for another vote after having been defeated at a prior meeting within two years? Brief Answer Yes, as the original petition was positively recommended by the Planning Board in their report to the City Council. Discussion The Zoning Act makes clear the legislatures intent to allow for reconsideration of a ~g ordinance that was positively recommended by a planning board in its report to a city council or town meeting. The full text in question from G. L. c. 40A, s. 5 states: No proposed zoning ordinance or by-law which has been unfavorably acted upon by a city council or town meeting shall be considered by the city councilor town meeting within two years after the date of such unfavorable action unless the adoption of such proposed ordinance or by-law is recommended in the final re- port of the planning board (emphasis added). Reconsideration of an ordinance is only prevented when the Planning Board does not recommend approval in their report to the City Council after a public hearing. The Mixed Use Business C ordinance can again be placed before the City Council, as if for the first time, in the same form as originally presented. No changes need be made to the text of the proposed ordinance. The only pre- requisite for reconsideration is a positive recommendation from the Planning Board in their original report. TOR-2014-4 is legally permitted to be placed on your agenda. William Reichelt From: Sent: To: Subject: Attachments: Good Afternoon Councilor, • William Reichelt Thursday, March 13, 2014 3:43 PM Christopher C. Johnson Reconsideration of the Mixed Use Zone Change Reconsideration-Section.pdf; Kubik-v-Chicopee.pdf; 1954Acts0368.pdf; Kitty-v- Springfield.pdf; General-Laws-Chapter-40A-Section-5.pdf I spoke with Barbara briefly this afternoon and she asked about the procedure required to resubmit the Mixed Use Zone Change to the City Council for reconsideration. Neither the current form of Zoning Enabling Act or available case law provides a truly definitive answer as to if and how a defeated ordinance could return to a legislative body for another vote. The first piece of the puzzle came from the section entitled "Reconsideration" in the Handbook of Massachusetts Land Use and Planning Law which I have attached below. From there I reviewed first Kubik v. City of Chicopee and then Kitty v. City of Springfield (both were cited in the Handbook and attached below). Kubik was not on point (talking about reconsideration after mayoral veto) but Kitty seems to indicate that an ordinance could return to the city council within two years if favorably reported by the planning board. (See Kitty v. City of Springfield, 343 Mass. 321, 324 (1961), "We assume (because the zoning change under discussion was recommended by report of the planning board) that § 8 would not prevent a renewed presentation of the proposed ordinance within two years ... if done in accordance with the procedure out-lined in §§ 6 and 7.") The sections referred to by the SJC in Kitty were combined, in 1975, into § 5 of c. 40A. Although for clarity I have attached Chapter 368 of the Acts of 1954 which established the Zoning Enabling Act as it applied in 1961. In 1961 § 8 provided the same mechanism for resubmitting a defeated ordinance if said ordinance was originally reported favorably to the city council/town meeting by the planning board. Sections 6 and 7 provide s.imilar language to our current § 5 outlining the procedure for the adoption or change of a zoning ordinance by 2/3 vote of the municipalities legislative body after public hearings by both the planning board and city council/town meeting. The Mixed Use Zone Change was originally reported favorably from the Agawam Planning Board to the Agawam City Council after a duly posted public hearing. Therefore, according to the language in both G. L. c. 40A, s. 5 and Kitty, the Agawam Planning Board would have to follow the same procedure (petition the City Council, hold a public hearing, vote to recommend to the City Council) to place the ordinance back before you all for proper reconsideration. I can put this all into a proper memorandum from the Law Department for distribution with a new ordinance if you agree. Thanks, Will William C. Reichelt, Esq. Law Department 1 ·. Town of Agawam 36 Ma i n Street Agawam, MA 0 1 001 T: 413.786.0400 x 8726 F: 413.786.9927 E: wreichelt@agawam.ma .us • 2 March 10,2014 Mayor Richard Cohen Agawam Town Hall 36 Main St. Agawam, MA 0 I 00 1 • • Reference: Agawam's Proposed Mixed Use Business C District Ordinance Dear Mayor Coh~n: TimothyW. Brennan, Executive Director On behalf of the Pioneer Valley Planning Commission, I am writing to express PVPC's strong support for the adoption of the above-referenced Mixed Use zoning ordinance. This ordinance will be an important catalyst for the re-development of the Walnut Street Extension commercial center as a new and vibrant mixed use town center for Agawam. The ordinance would benefit town residents and business owners by providing incentives and new opportunities for economic development, job creation and provision of new services and shopping opportunities. This ordinance was.carefully crafted by Agawam's Planning Board and Planning Director working in cooperation with PVPC staff. Correspondingly, it has been vetted extensively with landowners and the public at large. By way of our involvement in the ordinance development proce'ss over the past year, we are confident the proposed ordinance is strongly supported by a broad cross section of these stakeholders. In our view, the ordinance will provide a wide array of positive economic benefits to the town as well as for property owners and community residents. We urge the town to move forward with the adoption of this ordinance for the reasons cited above. Moreover, successful adoption will enable PVPC and Agawam to move forward on a follow-on collaboration to develop plans for design of parking, pedestrian, and bike improvements, and to seek state grant funqsfor their timely implementation. We shall look forward to working with you as well as other local officials and staff to pursue plans that will serve the coinmunity and its people for decades into the future. Sincerely~, __ -; __ --- rtl(~ Timoth~. Brenna:-"'",.,..--" Executive Director cc: M. Paleologopoulos, PYPC Commissioner -Agawam D. Chase, PYPC Alternate Commissioner -Agawam TB:mm L-Cohen mixed use business/AdminlStaff/Cunis/Letters Pioneer Valley Planning Commission 60 Congress Street -Floor 1. Springfield, MA 01104-3419 phone 413.781.6045 IOK413.732.2593 TTY 413.781.7168 www.pvpc.org • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 March 7,2014 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 Joseph Mineo, Councilor . Donald M. Rheault, Councilor ' Robert Rossi, Councilor Anthony Suffriti, Councilor Agawam Town Council 36Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on February 20, 2014, the Agawam Planning Board voted to repetition the Town Council to adopt TOR-2013-8 -Mixed Use Business C District. At its meeting held on January 21 , 2014, the City Council defeated the proposed Zoning Amendment with a 6 (in favor) and 4 (opposed) vote. Since iliat date, Michael Beaudry, owner of 378-384 Walnut Street Extension has asked that his property be included in the proposed Business C District. His request and letter of support is attached. The attached Mixed Use zoning amendment has been revised to include his property. During the City Council public hearing, those who voted against the amendment indicated that it should be delayed until after the Games and Lanes building has been demolished and the site cleaned. On November 25,2013, the City Council met with the Mayor, City Solicitor, Fire Chief, . Health Director, Building Inspector, Director of Planning and Community Development and the Town's consultant, O 'Reilly, Talbot and Okun (OTO) to discuss the activities which are currently • • underway to identifY the extent of the contamination at the site and the cost to clean the affected properties. Council members were informed that the projected cost was approximately $600,000. This figure does not include the demolition of the building which is estimated to cost approximately $200,000. The current assessed value of the property is $146,300. Though the purchase, cleaning and redevelopment will be challenging, the Planning Director has informed the Planning Board that there are two parties who are currently interested in the property. The adoption of the Mixed Use District will encourage such a private investment. The proposed Mix Use Business C District is intended to encourage the redevelopment and revitalization of the Walnut Street Extension Business District, not only the Games and Lanes property. The area is tired and needs incentives to boost private investment. The nineteen properties that are included in the proposed district deserve the opportunity to more fully utilize their properties. Their contributions to Agawam are many including: $358,429 in annual taxes andjobs. By adopting the Mixed Use District, the Town will show appreciation for their contributions to the Town and would encourage them to remain in the District to act as a catalyst for its redevelopment. In addition to the above listed opportunity to encourage the redevelopment of the Walnut Street Extension shopping district, the adoption of the Mixed Use District will enable the Town to compete for up to $1 million in MassWorks Infrastructure Program grant funds. The MassWorks Program provides grant funding for construction, reconstruction and expansion of streets, roads, curbcuts, parking facilities and pedestrian and bicycle access in order for new growth to take place. Top among the requests of the property owners is the need for additional parking and better circulation. If successful, Mass Works Infrastructure funds can be used to address these needs. Repeatedly over many decades, elected officials have decried Agawam's Zoning Ordinance pointing to the need for updating. This is an opportunity to support a new, clearly defmed and carefnlly conceived update which can serve as an example for future revisions. The Planning Board respectfully requests your support of this amendment. If you have any questions, please contact the Planning Office at 786-0400, extension 8738. Sin/~ Mark R. Paleologopoulos, Chairman AGAWAM PLANNING BOARD cc: Clerk, Solicitor, File • • Deborah Dachos From: Sent: To: Subject: Mike Beaudry [mikebeaudrysr@gmail,comJ Tuesday, February 25, 2014 3:54 PM Mayor Richard Cohen; Deborah Dachos; barbara bard Business C District I Support Letter and Request for inclusion Attachments: Support Letter Business C District.docx Dear Mayor Cohen, Deb Dachos, and all Agawam City Councilors, Page 1 of 1 I am writing to express my support for the proposed Business C District in the Walnut Street Ext area. Please see my attached letter of support. I would also like my property located at 378-384 Walnut Street Ext to be included in this Business C District. The vision of a downtown shopping area is great. Several people walk between my building and the EB's building on a daily basis. Including my property and maybe even a cross walk would be helpful to support this future vision. I can be reached anytime if further feedback or support is needed. Thanks, Mike Mike Beaudry 413-330-8928 2/26/2014 • Mayor Richard A. Cohen 36 Main Street Agawam, MA 01001 Dear Mayor Cohen: • February 25, 2014 As the property owner of 378·384 Walnut Street Ext, I wish to express my support for the proposed Mixed Use District, Business C. I understand that the Agawam City Council did not have the necessary votes to adopt the Zoning Amendment the first time it came before them. I also understand that the Planning Board has voted to repetition the City Council. The proposed Business C District would be a positive asset for the Town in its efforts to redevelop the Walnut Street Extension Shopping Area. As most, if not all, of the buildings are currently non-conforming, the new zoning would provide the property owners with the opportunity to Invest in their buildings to increase their marketability. The Business C District is a great opportunity to enhance the shopping center and bring jobs and additional tax revenues to Agawam. Sincerely, Michael Beaudry • • EXHIBIT A TO TOR-2013-8 ARTICLE XIX MIXED USE BUSINESS C DISTRICT 180-139Scope To regulate Mixed Use Development in appropriate areas of the Town and to protect the public health, safety, and general welfare in the Town of Agawam by establishing controls that will facilitate flexible development while protecting the public interest. 180-140 Purposes A. The purpose of this ordinance is to foster a greater opportunity for creative development by providing guidelines which encourage a mix of uses compatible with existing and neighboring properties; to provide housing and business uses in locations where a variety of town services are available; to promote utilization of existing buildings and property, and to encourage the provision of open areas. The intent, furthermore, is to encourage interaction among activities located within a Mixed Use Development, to enhance business vitality, reduce vehicular traffic, provide employment opportunities for residents close to home, ensure the compatibility with each other of the commercial, and residential uses, ensure that the appearance and effects of buildings and uses are harmonious with the character ofthe area in which they are located by: 1. Allowing a diversity of uses in close proximity in the district within a limited area, including residential, commercial, and office; 2. Accommodating mixed-use buildings with neighborhood-serving retail, service and other uses on the ground floor and residential units above; 3. Encouraging development that exhibits the physical design characteristics of pedestrian- oriented storefront-style shopping streets; 4. Promoting the opportunity for people to work, meet, shop and utilize services in the vicinity of their residences; 5. Providing opportunities for the development of affordable housing; 6. Providing opportunities for a mixture of uses in the same building; 7. Promoting a positive pedestrian environment in the district; 8. Facilitating integrated physical design; 9. Promoting a high level of design quality; 10. Encouraging the development of flexible space for small and emerging businesses; 11. Facilitating development proposals responsive to current and future market conditions; and 12. Encouraging the development of open spaces and parks within the district to accommodate workers, residents, pedestrians, and shoppers. • • 180·141 Establishment and Administration A. The Agawam Mixed Use Business C District shall include the properties listed below. These properties are included by reason of their potential to provide a flexible development area aligned with the purpose ofthis Article. Assessor's Map. Block and Lot 114·5·34 115·9·1 J15·1·1 J15·1·2 J15·1·3 J15-4·1 J15-4-2 J15-4-3 J15-4-4 J14-3·3 J14-3-4 J14-3·5 J14-3-7 J14-4·1 J14-4-2 J14-4-3 J14-4-5 J14-4-6 J14-4-7 J14-4-B J14-4-9 J14 5 B B. The provisions of this Section 1BO-144 shall be administered by the Planning Board, except as otherwise provided herein. C. The Planning Board may waive any information requirements it judges to be unnecessary to the review of a particular plan. Such waiver decisions must be documented in writing by the Planning Board. 180·142 Definitions A. The following definitions shall apply to all mixed use applications under these zoning ordinances: 1. Assisted Living: Housing for adults, with services provided, such as meals, laundry, and housekeeping. 2. Business Services: Services used in the conducting of business and commerce, including only: a. Consumer and mercantile credit reporting; b. News services; c. Research, development and testing; d. Business management and consulting; • • e. Insurance company service offices; f. Real estate offices. 3. Cafe: A coffee house or small restaurant, often with an enclosed or outdoor section extending onto the sidewalk 4. Driveway:. A space, located on a lot, built for access to a garage or off-street parking or loading space. 5. Fast Food Restaurant: An establishment whose principal business is the sale of pre- prepared or rapidly prepared food directly to the customer in a ready-te-consume state for consumption either within the restaurant building or off the premises. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers. 6. Live-work Units: A live/work unit is defined as a single unit (e.g., studio, loft, or one bedroom) consisting of both a commercial/office and a residential component that is occupied by the same resident. The livelwork unit shall be the primary dwelling of the occupant. 7. Lot Coverage: The area of a lot covered by the footprint of all structures, as well as decks, balconies, porches, and similar architectural features, driveway areas, expressed as a percentage of the total lot area. 8. Mixed Use Development: The development of a tract of land, building, or structure with two (2) or more different uses such as, but not limited to, residential, office, commercial, institutional, or entertainment, in a compact village form, with vehicular access to an accepted public way. A proposed Mixed Use Development shall demonstrate that the project shall be served by town water and sewer service upon completion of the proposed development. 9. Odor: A strong and unpleasant smell, for example, a garbage or chemical smell. 10. Personal Services: Establishments primarily engaged in providing services involving the care of a person or his/her apparel, including but not limited to: a. Laundering, dry cleaning and garment services not exceeding 5,000 square feet of floor area per establishment; b. Coin operated laundries; c. Shoe repair; d. PhotographiC services; e. Beauty and barber shops; f. Apparel repair and alteration; g. Funeral services; h. Health clubs; i. Clothing rental. 11. Professional Services: Services performed by professional persons for business and personal use, including, but not limited to: a. Medical and health offices and clinics; • • b. Planning; c. Engineering and architectural; d. Accounting; e. Auditing and bookkeeping; f. Educational and scientific. 12. Senior and/or Handicapped Housing or Senior Apartments: Age-restricted multi-unit housing for 55 and older adults, or handicapped persons, with self-contained living units for older adults who are able to care for themselves. Usuaily no additional services such as meals or transportation are provided. 13. Sit Down Restaurant: An eating establishment with turnover rates generally of at least one hour or longer, serving food intended for consumption on the premises. 14. Treebelt: Can consist of tree planters, brick pavers, and benches with a minimum width of five feet. 180-143Use Regulations A. Uses Allowed by Right with Site Plan Review in a Mixed Use Development 1. Mixed use developments may be constructed in the Mixed Use Development Overlay District with Site Plan Review by the Planning Board in accordance with s.180-13. The following uses may be included by right with Site Plan Review within a mixed use structure in a mixed use development: a. Retail Uses; b. Sit Down Restaurants; c. Cafes and outdoor dining areas; d. Multi-family Residential uses; e. Home Occupations; f. Professional Service Offices; g. Personal Service Establishments; h. Municipal Uses; i. Banks or financial institutions, automated teller machines (ATMs); j. Health club; k. Townhouses (single family dwellings connected by one or more walls); I. Cinema, theatre, or auditorium; m. Park, recreation or playground; n. Artist studio/residence; o. Assisted living residential uses senior apartments, and senior housing; p. Artisan manufacturing or production (hand tools only, e.g. jewelry or ceramics); q. Civic uses; r. Livelwork units; s. Multiple Uses in the same structure; t. Bars and cocktail lounges. The above uses are not allowed as stand-alone structures in this district. B. Special Penn it Uses in a Mixed Use Development 1. The following uses may be included within a mixed use development with the approval of a Special Permit from the Board of Appeals in accordance with s. 180-11 and 180-12: a. Hotel/Motel not exceeding 10 guest rooms per establishment; Minimum Lot Area Os.f. • • b. Dry cleaning, linen cleaning, or diaper services which clean clothing articles on site; c. Animal hospitals; d. Drive-up service windows associated with banks, pharmacies or cafes; e. Fast food restaurants. 2. Within a mixed use development, the above listed uses shall not be allowed as free standing buildings. C. Prohibited Uses in a Mixed Use Development 1. The following uses shall not be included within a Mixed Use Development: a. Industrial uses; b. Motor vehicle sales, maintenance and repair facilities; c. Gasoline filling stations; d. Adult entertainment uses; e. Automobile or truck sales; f. Junkyards. D. Same-structure/On-site Mixed Use 1. Within an approved Mixed Use Development, there shall be no restriction on combining different categories of use within the same building except any imposed by the State Building Code or other federal, state, or local regulations. 2. No mixed use development shall have more than 75% of the total square footage in the development used for residential uses, including multi-family uses, assisted living and senior housing. E. Special Permit Criteria for All Mixed Use Developments 1. All Mixed Use Developments requiring a Special Permit in Section 180-143(B) above must meet the Special Permit requirements in Section 180-11 and the Site Plan Approval requirements in Section 180-13. 2. All Mixed Use Developments requiring a Special Permit must also meet the following additional Special Permit criteria: a. The project complies with the additional Performance Standards for Mixed Use Developments in Section 180-144 below. b. The project is consistent with the purposes ofthis ordinance, as stated in Section 180- 140. F. Dimensional Requirements The dimensional requirements applicable to the Mixed Use Overlay District are shown in the Table of Dimensional and Density Regulations below: Table of Dimensional and Densitv Regulations for the Mixed Use. Business C District Minimum Minimum Minimum Minimum Maximum Maximum Maximum Setback Frontage Front Side Rear Height Lot Yard Yard Yard Coverage 25 feet 10 feet o feet 20 feet 45 feet! 75% 15 feet 3 stories • • April 17" 2014 AGAWAM ADvrnnsm NIWS Page 17 Obituaries & Church News DEATll i\OTICES & SERnCES Upcoming events at Hope Community Church Easter, George R. Sr. Died April 9, 2014 Private Services Colonial Forastiere Funeral Home Fijol, Stanley J. Jr. Died April 10, 2014 Funeral April 16, 2014 Sampson's Chapel of the Acres Hope Community Church,located at 152 South Westfield St., Feeding Hills, will hosl an "All Around Easter" Saturday, April 19, from 2·4 p.m. In addition to a free Easter egg hunt, the day's events will include Faith Walk Discovery Stations for children and their families. It will he held rain or shine. love and the Bible·based apologetics to teach them truths they won't forget. With "International Spy Academy," the mission is to instill in your children an understanding 'of the one true God of the Bible they can carry with them for the rest of their lives and share with those around them. They'll uncover the clues that lead to the one true God who is the Creator of all and who calls people from every tribe and nation to have fellowship with Him through His Son, Jesus Christ. *** Damon, Edwin L. Died April 9, 2014 Funeral April ~8, 2014 Agawam Funeral Home Springfield St. laurent, Robert E. Died April 12,2014 Funeral April 18,2014 Toomey-O'Brien Fu- neral Home A Sunrise Service and Breakfast will be held Easter Sun- day, April 20. The community is welc0ll.1e to join in on the hill overlooking the valley at 6 a.m. A free hot breakfast will imme:diately follow the message. The service and breakfast will beheld rain or shine. The camp is free of charge for children from age 4 through those entering sixth grade. A closing rally will be held Fri- day, July 18, and is open to the entire family. Children muSI he accompanied by an adult to attend the rally. *** West Springfield Hope Community has also announced its free kids' camp to be held Monday, July 14, through Friday, July 18, from 9 a.m. to noon each day. lbis exciting new Vacation Bible SchooL program is filled with fun mysteries children will Pre-registration is encouraged, as space is limited for the International Spy" Academy. To register call the church at (413) 786-2445. Agawam Advertiser News Obituary Policy , Turley Publications offers two types of obituaries. One is a free. brief Death Notice listing the name of deceased. date of death and funeral dati! and place. • TIlle other is a Paid Obituary, costing $50, which allows families to publish extended death notice fnformation of their oWn choice and may include a photograph. Death Notices & Paid Obituaries should be submitted through a funeral home to: obits@turley.com. Exceptions will be made only when the famify provides a . death certificate and must be pre-paid. 'Giant Easter Egg Hunt' at Bethany Assembly Bethany Assembly of God, 580 Main St., Agawam, will host its 13th annual Giant Easter Egg Hunt Saturday, April 19, at 10 a.m. The day's events will include candy and prizes such as bikes, scooters, Easter baskets, games and toys. This event is planned for children through sixth-grade. Parents must stay with children age 5 and under. The TNT Puppel Team, ctirecled by Matilene Allen, is get- ting ready for another performance with songs and skits that are funny and entertaining and help present God's love~ in a new way. The public is invited to attend. CHURCH DIRECTOR AGAWAM CONGREGATIONAL CHURCH 745 Maill St., Agawam 786-7111 Interim Pastor: Rev. Tom Howells Agawam 1 @verizoll.net www.agawamcongregationalchurch.com SUNDAY SERVICES at 10 a.m. Communion on the first Sunday of the month Church school is in session and fellow~ ship coffee hour follows the service. ''A place to call home ~ A people to call family" AGAWAM UNITED METHODIST CHURCH 459 Mill St., Feeding Hills 413·786-4174 Pastor: Ken Blanchard email agawamumc@gmail.com agavvamvvorship.org WORSHIP SERVICES Sunday Worship 10 a.l)1. Communion on the first and third Sunday of the month. Coffee and fellowship hour immediately after vvorship. Handicap ac- cessible at front entrance. Worship At Country Estates Nursing Hortte: 2nd and 5th Thursdays each month at 11 a.m. AUMC cooks and serves dinner for the Samaritan Innhomeless shelter on the second Saturday of the month. BETHANY ASSEMBLY OF GOD 580 Main St., Agawam (413)789-2930 www.hethany·ag.org Senior Pastor: Rev. Richard E. Adams WORSHIP SERVICES Sunday 9 a.m. and 10:45 a.m. Celebration of Praise: Sunday 6 p;m. Wednesday Mid-Week Service (Family Night): 7 p.m. Follow us on Sunday Evening Contemporary Service: 6p.m. CHURCH OF REDEMPTION 50 Maple St., Agawam (413) 304-2313 churchofredemptionministries.org WORSHIP SERVICES Sunimer Schedule Sunday Service al 10 a.m. Wednesday Bible Study at 7:30p.m. Sunday school for children and nursery for younger children FAITH BffiLE CHURCH 370 Shoemaker Lane Agawam (413) 786-1681 wvvw.jesuss~ves.7 @comcast.com _ Website: www.faithbible -church.org Pastor: Rick Donofrio SERVICES Sunday SchooJ for aU ages 9:30 a.m. Worship SerVice 10:30 a.m. Wednesday Night Prayer Meeting and Bible Study· 6:30 p.m. FEEDING HILLS CONGREGATIONAL CHURCH UCC ''An Open and Affirming Congregation." 21 N. Westfield St., Feeding Hills P.O. Box 264 (413) 786-5061 fhcuccoffice@verizon.net Pastor: The Rev. Robert C. Donaldson SUNDAY MORNING WORSHIP Church School 9 a.m. Worship Service 10 a.m. Infant and child care provided. Handicap accessible. NRST BAYTIST CHURCH 76I.J Main St., Agawam Agavvambc@localnet.com www.firstbaptistagawam.org facebook SUNDAY SERVICES Worship 9:30 a.m. Sunday School (grades.K -5) following Children's Message until 10:45 Youth Study time (grades 6+) following sermon until 10:45 Coffee & Conversation following worship every Sunday HOPECO~CHVRCH 152 South Westfield St. Feeding Hills 789·2026 SUNDAY SERVICES Men's & Women's Bible Study Groups and Children's Sunday School Worship Service at 10 a.m. Children's Church for age 3 to high school takes place after the service. Nursery available for younger children. A time for fellowship after the service. MARANATHABA~TCHURCH 522 Springfield St., Feeding Hills Feeding Hills, MA 478-9484 David L. Short, Pastor Sunday Familly Bible Study Hour, 9:45 a.m. Sunday Morning Service. II a.m. Sunday Night Service, 6 p.m. Wednesday Bible Study & Prayer, 7 p.m. SACRED HEART CHURCH 1103 Springfield St., Feeding Hills' (413) 786-8200 www.SacredHeartFeedingHills.org Fr. Steven Amo~ WEEKLY SERVICES Lord's Day Masses: Saturday, 4 p.m.; Sunday, 7:15 a.m .• 8:30 a.m., 11 a.m. Confessions: Saturdays, 3: 15 p.m. Weekday Masses: Monday, Tuesday, Friday and Saturday, 9 a.m. Special Devotion£;: Perpetual Novena to the Sacred Heart following the Friday 9 a.m. Mass ST. DAVID'S EPISCOPAL CHURCH 699 Springfield St., Feeding Hills. 786-6133 saintdavids@comcast.net. www.stdavidsagaw~m.org. SCHEDULE OF SERVICES' Sunday. 8 a.m. and 10 a.m. -Holy Eu- charist ST. JOHN'S CHURCH 823 Main St., Agawam 786-8105 info@stjohnevangelistchurch.org. www.stjohagawam.org SCHEDULE OF MASSES Saturdays: 4 p.m. & 6 p.m. (Labor Day to Memorial Day) Saturdays: 5 p.m. (Memorial Day to Labor Day) Sundays: 8 a.m. & 10:30 a.m. Reconciliation: Saturdays, 3:15 p.m. to 3:45 p.m. Weekdays -Mon., Tues., Wed. & Fri., 8 a.m. Thursday -Communion Service www.facebook.com/AgawamAdvertiserNews • -...:. ';~18 'lBUSif1LSS AGAWAM ADVIRJlSrn NIWS "j April 17, 2014 TOP AGENTS . Tu~ Publications courtesy photos Ted Cassell, president of Park Square Realty and manager of the Park Square Feeding Hills office, announced the Agawam/Feeding Hills top-producing agents for the first quarter of 2014. They are, from left, Judy Gearing, Kim Landry and Ericca Herbert. Park Square Realty is a locally-owned company with 45 agents and two locations in Feed- . Ing Hills and Westfield. Friendly'S kicks off campaign for Easter Seals Friendly's aimual Camp Friendly's fund- raiser is now underway 10 benefit Easter Seals . youth leadershlp ;md, summer camp programs. . From now through April 27, for each $2 donation to Easler Seals, children will re- ceive their kids~ meal served on a Friendly', Frisbee.-For a $1 donation, customers will get a discount card for 10 percent off all Friendly's purchases made through May 18. . The funds · that are raised support Easter Seals Camp Friendly's programs up and down the Easl Coast. In Massachusetts, CamP Friendly's benefits the Easter Seals Youth Leadership Network for teens and young adults with di.sabllities. as well as Explorers Camp for children and teens with autism and developmental disabilities. : Over the past 32' years, the annual Eas- ter SeoiIs Camp Friendly's campaigns have raised more than $28 million for Easter Seals. The AgawllIl1 Friendly's is located at 19 Springfield St. Legal . Notices LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Ag.w~m Planning BOa(d will -hold a public hearing on Thursday, May 1, 2014 at 6:30 PM in the Agawam Public Library, 750 Cooper Street, Agawam. MA. .The purpose of this hearing will be to hear' the petition of the Agawam Planning Board on a proposed zoning amend- ment to Section 180 of the Agawam Zoning Ordinance by adding a new district enti- tled "Mixed· Use Business C District." A copy of the proposal can be obtained from the Agawam Planning Office between the hours·of 8:30 AM and 4:.30 PM in-the Agawam Town Hall, 36 Main Street, Agawam. MA. BY ORDER OF: Mark R. Paleologopoulos. Chainnan Agawam Planning Board 4/17.4124/14 AGAWAM PUBLIC SCHOOLS FY'IS PROPOSED BUDGET Agawam -Accordjng . to the provisions of Massa- chusetts General Laws, Chapter 71, Section 38N. copies of the proposed school department budget shall be available to the public 48 hours prior to the posted pub- lic hearing, which is sched- uled for AprU 29, 2014, al 6:30 p.m. in the Robena G. Doering School auditorium. There wiH be copies of the proposed budget available in the Superint"endent.'s office located at the Agawam JuniQr High School, at the Town Clerk's office in the Agawam Town Hall located at 68 Main Street, and at the Ag~wam Public Library located at 750 Cooper Street. 4117,4124114 _ LEGAL NOTICE PUBLIC HEARING AGAWAM CITY COUNCll, The Agawam City Coun- cil will conduct a public hearing 01'1 Monday, May 19, at 7:00 pm. ar the Roberta G. Doering School,. 68 Main Street, Agawam, MA on TOR-2014-4. which is ' a pro(XJsed Ordinance' amend- , ing th~ Zoning Code. of the Town of Agawam creating / the Mixed Use Bu!>incss C District as submitted to the Agawam City Council by the Planning Board. TOR- 2014-4 is-available for public inspection at the CilY Clerk's Office -and the Planning Department. 36 Main Street,. Agawam. MA between the hours of 8:30am to 4:30pm. Monday througJ, Friday;· . BY ORDEROF: Christopher C. Johnson President of the Agawam City Council .4117,4/24/14 LEGAL ADVERTISEMENT INVITATION FOR BIDS TOWN OF AGAWAM The Town of Agawam is seeking bids for the installa- tion of an Emergency Back- up Generator at the Town H.all located at-36 Main Street in Agawam and all work shaU be performed at that location. Specifications may be received at, and pro·posals are to be sent to Mayor's office, 36 . Main Street, Agawam; MA 01001. Bids must be clearly marke4 on the outsjde of envelope: "Agawam rown Hall Emer· gency Backup Generator Installation" All bids must be in the Mayor's .Office no later than Friday, May 2, 2014 @ 2:00 p.m. No bids ..yi11 be accepted after . the above slated date and hour. The Town. of. Agawam rese·rves the righl to accept Please check the accuracy of your legal notice prior to submis- sion (i.e., date, time, spelling). Also, be sure · the requested publication' date coincides with the purpose of,the notice, or as the law demands. Thank you. " , I Hampden Bank receives 'Best Overall Performance' award 'ii nl] Tur1ey Publications cou"rtesy photo Representatives from Hampden Bank accept their awards from the MassHouslng agency. From left, Thomas R. Gleason, executive di- rector of M.assHousing; Rosemary Mo'rln, vice president; Usa Mish, mortgage loan originator; and Robert J. Michel, senior vice presi- dent, retail and mortgage lending. . .. SPRINGFIELD -Hampden Bank re- cently received an award for "Best Over- all Performance" by a bank from the MassHousing agency, This--recognition, reserved"for those 'Massachusetts hanks dedicated to providing. loans to low-in- come borrowers, was recently presented at the annual MassHousing awards cer- emony in Boston, to minority borrowers statewide. Hampden Bank also received recogni- tion in several other categories, including top producer, most loans made to low- income borrowers, second most loans in Hampden County and second most loans Lisa Mish, one of Hampden Bank's mortgage loan originators, was also rec- ognized as the ''Top Loan Originator. Statewide." Mish haS been a mortgage loan originator with the bank since 2007. She is currently a board member of the Western Massachusetts Homebuilder's Association; she'· sits .on several' Real- tor Assodation committees and was, the past -president of the Home Builders and Remodelers Association of West em Mas~ sachuselts. or reject any or all bids if it appears to be in Ihe public interest 'to 'do so. The Town of Agawam is Gn affirma-. tivt; action/equal opportunity employer (M/F/H) which ertcourages utilization of minority and women owned, enterprises, Richard A. Cohen Mayor 4117114 Commonwealth oC Massachusetts Tit. Trial Court Probate and Family Court 50 Slate Street Spril)gt!eld, MA 01103 Docket No.1ID14P1J716PM 1n the matler of: Robert Gerard Man:antonio Of: Feeding HillS; MA RESPONDENT (person to be Protected! Minot) CITATION GIVING NoTICE OF PETITION FOR APPOINTMENT OF CONSERVATOR OR OTHER PROTECTIVE ORDER PuRsUANT TO G.L. c. 190B, *5-304 & 5-405 . To the named Respondent and all other interested per- sons, a petition has been fiJed by John C Marcantonio of Arlington, MA in the above caplioned mailer alleging that Robert G Marcanhmio is in need of a Conservator or other protective order and requesting that Bryan · Clauson of Springfield, . MA (or some other suitable person be appointed as Con- servator [0 serve With Surety on the bond. The petition asks the court to determine that 1he Respondent is disabled,.that a protective order or appojnt- ment of a Conservator is nec- essary, and that the proposed conservator is appropriate. The petition is on file witb this court. YC?u have the right to object to this proceeding. If you wish to do so, you or your attorney must file a written appearance at' this cQurt on or before. t 0:00 a,m. on the return date of 0510912014. This day is NaT a hearing date, but a deadline date by which you have to file the written appearance if you object to the petition. If you fail to file the writ- ten appearance by the return date, action may be laken in this matter without further notice to you .. In addition to filing the written appearan~, you or your attorney must file a wriuen affidavit stating the specific facts and grounds of your objection within 30 days after the return date, IMPORTANT NOTICE The outcome of this proceed- ing may lirnir or completely take away the above·named person's right to make deci- sions about personal affairs or financial affairs or both. The above-named person has the right to ask for a lawyer. Anyone may make this request on behalf of the above-named person. If the . above-oam.ed person cannot afford a lawyer, one may be appointed at Slate expense. Witness, Hon. Anne M Geoffrion, First Justice of this COll11.. Date: April \\,2014 Suzanne T Seguin Register of Probate 4117114 LEGAL ADVERTISEMENT INVITATION FOR BIDS TOWN OF AGAWAM The Town of Agawam is seeking bids for the fur- nishing of tree trimming and removal services. Specifica- tions may be received at, and proposals are to be sent to Mayor's office. 36 Main Street, Agawam. MA 0 I 00 I. Bids r:nUS( be clearl>: ~ked ; ... ' .. on the outside of enve- lope: "Tree Trimming and Removal Service" AD bids must be in the Mayor's Omce no later tban. Wed· . ne.day, April 24, 2014 @2:00 p.m. No bids will be accepted after the above stated date and hOUf. The Town of Agawam reserves the right to accept or reject any or all bids jf it appears to be in the public interest to do so,· The Town of Agawam is an affinnative action/equal opportunity employer (M/FI H) which encourages uti1iza~ tion of minority and women owned enterprises·. Richard A. Cohen Mayor 4117114' COlfunonwealth or Massachusetts The Trial Court 'Probate and Family Court 50 Slate Street . Springfield; MA 01103 (413)748-7758 DocketNo.1ID14C0061CA In the matter oC: Gina Ann Ugolini Of: Agawam, MA NOTICE OF PETITION FOR CHANGE OF NAME To all persons interested in petition described: A petition has been pre- sen red by Gina A Ugolini requesting that: 'Gina Ann Ugoiini be allowed to change hisfller/thei"r name as fonows: Gina Ann Mancini (f you desire to Object - mere to, you or your attorney must file a written appear- ance in said Court at: Spring- field on or before ten 0' clock in the morning (10:00 a.m.) on: 05107/2014 WITNESS, HOll. Anne M Geoffrion, First Justice of this Court. Date: April 9, 2014 4117114 . Suzanne T Seguin Register of Probate , • • 180-144 Performance Standards for Mixed Use Developments To the extent feasible, all Mixed Use Developments must meet the Performance Standards in Sections 180-144 A-O below. No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes, excessive odor, noise, vibration or excessive light violating the standards set forth in the performance criteria in this Section 180-144 A-Q. Any other performance standards of the town shall also apply to uses conducted under this Section 180-144 of the Agawam Zoning Ordinances. A. Access and Traffic Impacts: 1. Traffic and safety impacts to the existing and proposed roads shall be minimized. 2. Access provided via shared curb cuts shall be encouraged. Curb cuts shall be as narrow as is feaSible, without resulting in traffic safety issues. 3. Pedestrian and vehicular traffic shall be separated and walkways shall be provided for access to adjacent properties and between businesses. 4. Plans must illustrate provisions for safe automobile, pedestrian and bicycle circulation. Provisions must be made for motor vehicle, bicycle, and pedestrian circulation connections to adjacent lots. 5. The Planning Board shall require a detailed traffic study for the following uses: a. high volume traffic generating uses with a trip generation rate over 700 vehicles/day (based on Institute of Transportation Engineers rates found in Trip Generation); b. the construction of a new Mixed Use Development structure of more than 25,000 square feet in gross floor area; and c. any external enlargement that brings the Mixed Use Development total to 25,000 square feet gross floor area for all structures. 6. The Planning Board may waive any or all requirements for a traffic study for external enlargements of less than 2,000 square feet of gross floor area in excess of the 25,000 square feet gross floor area threshold. The traffic impact statement shall contain: a. The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels; b. The proposed traffic flow pattern for both vehicles and pedestrian access shall be described and related to the site plan, including vehicular movements at all major intersections likely to be affected by the proposed use of the site; c. Traffic flow patterns at the site including entrances and egresses, loading and unloading areas, and curb cuts on site and within one hundred (100) feet of the site; d. A detailed assessment of the traffic safety impacts of the proposed project or use on the carrying capacity of any adjacent highway or road, including the projected number of motor vehicle trips to enter or depart from the site estimated for daily hour and peak hour traffic levels, road capacities and impacts on intersection. Existing daily and peak hour traffic levels and road capacities shall also be given; • • e. A parking lot vehicle traffic and pedestrian circulation plan shall be designed to minimize conflicts and safety problems. B. Noise: 1. In order to protect, preserve, and promote the health, safety, welfare, peace, and quiet of the inhabitants of Agawam through the reduction, control, and prevention of such loud or raucous noise that unreasonably disturbs, injures, or endangers the comfort, privacy, repose, health, peace or safety of reasonable persons, all noise levels, measured at a height of four feet (4') above the ground surface at all property lines, using a sound meter which meets the most current American National Standards Institute's Specification for Type II Sound Level Meters, must not exceed the following standards: '" . Time of Day -Max. Sound Level (dBA) 7:00 a.m. to 7:00 p.m. 65- 7:00 p.m. to 11 :00 p.m. 50 11 :00 p.m. to 7:00 a.m. 45 -Note: 65 dba = normal conversation; 50 dba = nOise level of a normal working refrigerator; 45dba = a quiet library 2. These standards shall not apply to power tools and equipment (Le. lawn mowers, leaf blowers, sweepers, etc.) used in the normal maintenance of the site's outdoor areas (i.e. lawn, garden, parking, etc.). Such outdoor maintenance shall be limited to between the hours of 8:00 am 7:00 pm. C. Emissions and Odors: 1. Emissions and odors shall be completely and effectively confined within the building, or so regulated as to prevent any nuisance, hazard, or other disturbance from being perceptible (without the use of instruments) at any lot line of the premises on which the use is located. No emissions are permitted which can: • cause any damage to health of humans, animals or vegetation • cause excessive soiling • result in odorous gases or odoriferous matter in such quantities as to be offensive 2. The determination of what emissions are in violation of this provision shall be made by the Zoning Enforcement Officer or his/her designee taking into consideration all of the following: • the level of the odor; • the nature of the odor is usual or unusual; • the origin of the odor is natural or unnatural; • the level of the ambient odor; • the proximity of the odor to living/sleeping facilities; • the nature and zoning of the area from which the odor emanates and the area where it is received; '. the duration of the odor; and whether the odor is recurrent, intermittent, or constant. D. Lighting: 1. Lighting systems should be designed, constructed, and installed in a manner that controls glare and light trespass, minimizes obtrusive light, conserves energy and resources while • • maintaining safety, visibility, security of individuals and property and curtailing the degradation of the nighttime visual environment. Evenly distributed lighting throughout a site will minimize impacts on surrounding neighborhoods and increase efficiency, By directing light where it is needed and only the intensity necessary to serve the intended purpose, these standards will prevent glare and its harsh shadows and blind spots. All lighting shall comply with the following: • Except for approved exterior lighting, operations producing glare shall be conducted entirely within an enclosed building, No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as welding shall be permitted beyond its lot lines onto neighboring properties, or onto any street. • Exterior lighting, including but not necessarily limited to lighting of exterior walls of buildings from an external light source, lighting of parking areas, and lighting of walks and drives shall be done in such a manner to direct light away from adjacent lots and public ways, • All outdoor light fixtures and illuminated signs shall be designed, located, installed and directed in such a manner as to prevent light trespass beyond the property line, and light above a ninety-degree horiZontal plane. If necessary, an applicant may need to provide photometric plans and/or manufacturing speCification sheets to show conformance with these standards • All nonessential lighting, including display, parking, and sign lighting, shall be tumed off after business hours, leaving only the lighting necessary for site and pedestrian security, crime prevention and streetlighting, • All lighting shall be recessed and shielded to prevent off-site glare. • Site lighting shall conform to the following output standards: c. Storage: 1. All materials, supplies and equipment shall be stored in accordance with Fire Prevention Standards of the National Board of Fire Underwriters, and shall be screened from view from public ways and abutting properties. F. Waste Disposal: 1, Waste disposal shall follow state and town Board of Health regulations. 2, Storage of waste and waste facilities shall be screened from view from public ways and neighboring properties. 3. Appropriate provisions shall be made for the disposal of trash, which may include, but shall not be limited to, the provision of trash compactors within the building or on site, as well as a signed annual contract for rubbish removal. • • 4. Dumping of dumpsters shall be limited to weekdays between the hours of 7 AM and 11 PM only. Dumpsters must be fenced, gated and screened from view. G. Loading/Unloading: 1. The Planning Board may require that operations, including loading and unloading shall be limited to weekdays between the hours of 7 AM and 11 PM only. 2. Loading and unloading platforms and doorways specially designed for loading/unloading are prohibited on the front side of any building. H. Walkways: 1. For public convenience, a pedestrian and/or bicycle way or sidewalk system shall connect all uses on the site, and otherwise provide appropriate circulation or continuity to an existing pedestrian or bicycle circulation system. These uses include, but are not limited to residential, parking, transit, bicycling, recreation, and commercial uses. 2. Walkways and sidewalks must conform to requirements of the Americans with Disabilities Act (ADA) and the Massachusetts Architectural Access Board (MAAB). 3. Sidewalks are required along all town streets. A treebelt is required adjacent to sidewalk areas. The Planning Board can waive treebelt requirements in situations where they determine that local conditions warrant. 4. The development should provide intemal and/or public pedestrian connections that are direct, convenient and pleasant with appropriate amenities (e.g. attractive sidewalks and benches). I. Vehicular Access, Parking and Loading, and Shared Parking Requirements: 1. Parking shall be located to the side or rear of buildings. In no case shall parking be allowed in the treebelt adjacent to the sidewalk or within the front setback of any lot. 2. Parking spaces may be located either on or off the lot. Applicant must show proof of space, dedicated to the use, its location relative to the building, and must indicate if the space is owned or leased. 3. Buildings that do not have frontage on a street must provide access for emergency and service vehicles through the layout and design of driveways, interior service roads, or pedestrian and bicycle circulation corridors. 4. The Planning Board may allow shared parking in a mixed use development. 5. A parking study shall be required for all new structures within the District. A parking study is not required for re-use of existing structures. A formal parking study may be waived for small developments where there is established experience with the land use mix and its impact is expected to be minimal. If standard rates are not available or limited, the applicant may collect data at similar siles to establish local parking demand rates. J. Alleys: • • 1. Alleys are permitted to access parking in the rear of structures, with Planning Board review. Alleys must be safe, secure and well lit. Alleys must be paved, with a minimum width of ten (10) feet. K. Development and Design Standards: 1. Existing buildings shall be re-used for mixed use developments, where feasible, as a priority over new construction. 2. Buildings or structures that are listed or eligible for inclusion on the National Register of Historic Places and/or the Massachusetts Register of Historic Places shall be converted, constructed, reconstructed, restored or altered to maintain or promote the status of the building or structure on, or eligibility for inclusion on the State or National Register of Historic Places. L. Signs: 1. Signs shall conform to the existing ordinances of the Town of Agawam in s. 180-75 through s.180-89. . 2. Permitted signs include: signs located within the sign band on building facades; awning signs; hanging signs projecting from building facades; window signs and un-moveable free- standing signs. 3. Temporary signs permitted include: political signs; special events signs; and for sale or for lease signs. 4. Prohibited signs include: flashing signs; roof signs; moveable signs; internally lit plastic signs. 5. Each business may display not more than two permanent signs. 6. Sign materials should be durable and easy to maintain. Signs may be constructed of wood, metal, stone, gold leaf, glass, canvas, stained glass or encased in a wooden frame. 7. Sign illumination may include external white light illumination, provided it is shaded from view off the premises, and neon. 8. Sign size: Signs may not exceed sixteen square feet in area. 9. Sign height: Free-standing pole signs shall have a maximum height of ten feet; other free- standing signs shall have a maximum height of four feet. M. Landscaping Requirements: 1. Screening of mechanical equipment, trash, and loading areas shall be provided through the use of walls, fences, and/or dense, evergreen plant materials. 2. The landscaped perimeter area shall have a minimum width of at least five feet, and can consist of tree planters, brick pavers, and benches. 3. Landscaping shall be provided for driveways and other vehicular use areas to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular traffic. 4. Interior parking areas shall be landscaped with sufficient shade trees to provide 50% shade within fifteen (15) years of installation. 5. Completion of the landscaping requirements may be postponed due to seasonal weather conditions for a period not to exceed six (6) months from the time of project completion. • • N. Green Infrastructure and Stonnwater Runoff 1. To the extent feasible, Mixed Use Development projects shall recharge all stormwater on site. The use of green infrastructure strategies for stormwater recharge, such as permeable pavements, tree box filters, green streets, rain gardens, stormwater infiltration basins and green roofs, are strongly encouraged. Applicants' site plans shall indicate how the proposed development addresses green infrastructure and stormwater recharge. O. Maintenance of Landscaping and Screening: 1. All landscaping and screening shall be maintained by the property owner. 2. Landscaping and screening plant materials shall not encroach on the public walkways or roadways in a way that impedes pedestrian or vehicular traffic or visibility. 3. Shrubs or trees that die shall be replaced within one growing season. P. Appearance/Architectural Design 1. Architectural design shall be compatible with the historic character and scale of buildings in the neighborhood and the Town of Agawam through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. 2. In making its decision, the Planning Board may consider whether the building design is compatible with the following design guidelines: a. Exterior facades are faced with stone or brick, or clapboards of wood, aluminum or vinyl; b. Exterior facade treatment is compatible on all sides visible from a public way or parking lot; c. Facades facing town streets have windows facing the street. 3. Variations in architectural detail, form and siting shall be used to provide visual interest and avoid monotony. 4. Existing buildings subject to reconstruction or rehabilitation and proposed buildings shall be compatible with the historic character and scale of contiguous buildings within the immediate neighborhood vicinity. 5. Proposed buildings should relate harmoniously to each other. 6. Buildings shall be designed so that retail, restaurant, and personal service establishments are strongly encouraged to be located on the ground or below grade building levels. 7. The entire building facade must be oriented to front and side street property lines and must be located within fifteen (15) feet of such property lines, with sidewalks in front of buildings. 8. Public open spaces, such as plazas and pocket parks, are encouraged within the development; Q. Outdoor Dining 1. Outdoor dining shall be permitted by right, as an accessory use for any restaurant use, and must comply with the following standards: • • a.Alcohol may be served to and consumed by patrons in outdoor dining areas, provided that all necessary licenses are acquired. These licenses are to be gathered through the Liquor Commission, the Building Department and the Board of Health. b.The hours of operation of outdoor dining areas may be equal to or less than the hours of operation of the main restaurant. Dining areas which abut residential areas must end outdoor dining and seating by 11 pm. c. Liller must be cleaned up regularly. 181·145 Optional Affordable Housing Bonus A. A density bonus may be provided by the Planning Board, in return for provision of affordable housing, if the following criteria are met: 1. At least ten (10%) percent of the total dwelling units in a mixed use development may be deSignated as affordable housing. Affordable housing will be defined as those residential units affordable to a household earning up to eighty percent (80%) of the median income in Agawam's statistical area. 2. The affordable housing units shall include resale, lease or rental controls that will ensure continued affordability by future low and moderate income households. Deed restrictions or similar devices shall be used to limit future sale or rental prices for these purposes. 3. The affordable units may be located in an existing structure if their construction constitutes a net increase in the number of dwelling units in the development. B. The Planning Board shall determine the density bonus, which may consist of both of the following: 1. An increase in building height to a maximum of 4 stories; 2. An increase in lot coverage to a maximum of 95%. Dated this ___ day of ______ -', 2014. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President APPROVED AS TO FORM AND LEGALITY Vincent F. Gioscia, City Solicitor February 25, 2014 Mayor Richard A. Cohen 36 Main Street Agawam, MA 01001 Dear Mayor Cohen: • • SANDER FAMILY LLC COMMERCIAL REAL E STATE INvEsTMENTS 342 BEACON STREET CHESTNUT HIll, MA 02467 As the property owner of 51-79 Springfield Street, Agawam Towne Square, I wish to express my support for the proposed Mixed Use District, Business C. I understand that the Agawam City Council did not have the necessary votes to adopt the Zoning Amendment the first time it came before them. I also understand that the Planning Board has voted to repetition the City Council. The proposed Business C District would be a positive asset for the Town in its efforts to redevelop the Walnut Street Extension Shopping Area. As most, if not all, of the buildings are currently non- conforming, the new zoning would provide the property owners with the opportunity to invest in their buildings to increase their marketability. The Business C District is a great opportunity to enhance the shopping center and bring jobs and additional tax revenues to Agawam. Marcel Sander • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 . Tel. 413-786-0400 Fax 413-786-9927 January 22, 2014 Timothy Brennan, Executive Director Pioneer Valley Planning Commission 60 Congress Street Springfield, MA 01104-3419 Dear Mr. Brennan: . I wish to thank the Planning Commission for all of your support in the drafting of Agawam's Mixed Use Business C District. The Ordinance which was very well written and comprehensive would have, if adopted, provided the Town and property owners with incentives and tools to redevelop the Walnut Street Extension commercial area. Though the new district had the unanimous support of the Planning Board and the affected property owners, the Agawam City Council defeated the amendment at its meeting last evening with a five to five vote. Those who voted agrunst the Business C District did not appear to have specific concerns with the ordinance, but seemed more concerned with a brownfield located within the proPosed District which would have benefited from the provisions in the new District. The Mayor, Planning Board and I are very disappointed . by the Council's vote. I understand that since the City Council has defeated the amendment, the Town's status with regard to the next round of District Local Technical Assistance projects may be in jeopardy. Phase II of the Walnut Street Extension Project was to seek funding through the MassWorks Infrastructure Grant Program with PVPC's guidance to address parking inadequacies along Walnut Street Extension. Thank you again for providing the Town with the excellent assistance of PVPC's staff and please inform the Mayor or me whether the Town's DLTA project foethis year will still be funded. Deboralt S. Dachos, Director Office of Planning and Community Development , PRESIDENT Christopher C Johnson VICE PRESIDE.'IT Dennis J. Perry , COUNCILORS Cjeorge Bitzas Cecilia p, Calabrese Paul C Cavallo James P. Cichetti Gina AI. Letellier -WI/lf/llj f j~H(trl Joseph MifU!O Donald,'vi Rheault Robert E. Rossi ADMINISTRATIVE ASSISTANT Barbara A, Bard TELEPHONE (-I}3) 726-9716 FAX (413) 72~-9717 EMAIL bbard:f!j agawam.ma.us tGA WAM CITyttCOUNCIL TO : 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 ALL CITY Cmn'\CIL !YlEMBEHS FRO:"I: CHRISTOPHER C. JOHNSON, COUNCIL PHESIDEi"r DATE : 1/7l1~ RE: JOINT WORKSHOP MEETING r am call in g a joint workshop meeting of ti,e Agawam City Council and the Agc\\vam Planning 13oarJ -Hl thl' fo lhnving lim...: ~!Hd place: ::?!; Join I Worl(shop Meeting Thursday, Janu.ll'Y 16,201.4 6:00-7:00pm Com m U JI ity Hoolll Agawam Public Library 750 Cooper Street At('''''''IlI, !\lA, ()I 001 ~:) f\) (-0 "'.., ~ ..... : .;:.' This meeting is a Workshop of the City Coun~il lind the Planning Board ~o discllss TOR-20 13-8 (PH-20 I 3-16) wh ich is an Ordinance to Amend the Code of the Town or Agawam loning Onlinanccs § I gO; Mixed Use Business Disti'ict Sincerely, Christopher C. ohnson. President CCJibb cc: • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 December 6, 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 Agawani Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: . At its duly called meeting'held on December 5, 2013, the Agawam Planning Board voted to send a positive recommendation to the Town Council with regard to TOR-2013-S -Mixed Use Business C District and asks that the Council reconsider section 180-44 B (Noise) to address the issue of potential entertainment from the hours of 7:00 PM to 11 :00 PM. The proposed Mix Use Business C District is intended to encourage the redevelopment and revitalization of the Walnut Street Extension Business District. The current zoning for this area is Business A, Business B and Industrial A. These Districts present obstacles to the redevelopment of the area by requiring unattainable dimensional requirements. The proposed Business C District relaxes these standards while seeking consistency of design and pedestrian, parking and streetscape improvements. The proposed Business C District is the second in a three phase approach to recognize the potential • • of this 1940' s-1950' s commercial area and encourage private investment to realize its full economic development potential. If you have any questions, please contact this office at 786-0400, extension 8738. Sin/l#~ Mark R. Paleologopoulos, Chairman AGAWAM PLANNING BOARD cc: Clerk, Solicitor, File • • ARTICLE XIX MIXED USE BUSINESS C DISTRICT 180-139Scope To regulate Mixed Use Development in appropriate areas of the Town and to protect the public health, safety, and general welfare in the Town of Agawam by establishing controls that will facilitate flexible development while protecting the public interest. 180-140 Purposes A. The purpose of this ordinance is to foster a greater opportunity for creative development by providing guidelines which encourage a mix of uses compatible with existing and neighboring properties; to provide housing and business uses in locations where a variety of town services are available; to promote utilization of existing buildings and property, and to encourage the provision of open areas. The intent, furthermore, is to encourage interaction among activities located within a Mixed Use Development, to enhance business vitality, reduce vehicular traffic, provide employment opportunities for residents close to home, ensure the compatibility with each other of the commercial, and residential uses, ensure that the appearance and effects of buildings and uses are harmonious with the character of the area in which they are located by: 1. Allowing a diversity of uses in close proximity in the district within a limited area, including residential, commercial, and office; 2. Accommodating mixed-use buildings with neighborhood-serving retail, service and other uses on the ground floor and residential units above; 3. Encouraging development that exhibits the physical design characteristics of pedestrian- oriented storefront-style shopping streets; 4. Promoting the opportunity for people to work, meet, shop and utilize services in the vicinity of their residences; 5. Providing opportunities for the development of affordable housing; 6. Providing opportunities for a mixture of uses in the same building; 7. Promoting a positive pedestrian environmentin the district; 8. FaCilitating integrated physical design; 9. Promoting a high level of deSign quality; 10. Encouraging the development of flexible space for small and emerging businesses; 11. Facilitating development proposals responsive to current and future market conditions; and 12. Encouraging the development of open spaces and parks within the district to accommodate workers, residents, pedestrians, and shoppers. • • 180·141 Establishment and Administration A. The Agawam Mixed Use Business C District shall include the properties listed below. These properties are included by reason of their potential to provide a flexible development area aligned with the purpose of this Article. Assessor's Map, Block and Lot 114·5·34 115-9·1 J15·1·1 J 15·1·2 J15-1-3 J15-4-1 J15-4-2 J15-4-3 J15-4-4 J14-3-3 J14-3-4 J14-3-5 J14-3-7 J14-4-1 J14-4·2 J14-4-3 J14-4-5 J14-4-6 J14-4-7 J14-4-8 J14-4-9 B. The provisions ofthis Section 180·144 shall be administered by the Planning Board, except as otherwise provided herein. C. The Planning Board may waive any information requirements it judges to be unnecessary to the review of a particular plan. Such waiver decisions must be documented in writing by the Planning Board. 180·142 Definitions A. The following definitions shall apply to all mixed use applications under these zoning ordinances: 1. Assisted Living: Housing for adults, with services provided, such as meals, laundry, and housekeeping. 2. Business Services: Services used in the conducting of business and commerce, induding only: a. Consumer and mercantile credit reporting; b. News services; c. Research, development and testing; d. Business management and consulting; e. Insurance company service offices; f. Real estate offices. .. ,. • • 3. Cafe: A coffee house or small restaurant, often with an enclosed or outdoor section extending onto the sidewalk 4. Driveway: A space, located on a lot, built for access to a garage or off-street parking or loading space. 5. Fast Food Restaurant: An establishment whose principal business is the sale of pre- prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off the premises. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers. 6. Live-work Units: A liveJwork unit is defined as a single unit (e.g., studio, loft, or one bedroom) conSisting of both a commercial/office and a residential component that is occupied by the same resident. The livelwork unit shall be the primary dwelling of the occupant. 7. Lot Coverage: The area of a lot covered by the footprint of all structures, as well as decks, balconies, porches, and similar architectural features, driveway areas, expressed as a percentage of the total lot area. 8. Mixed Use Development: The development of a tract of land, building, or structure with two (2) or more different uses such as, but not limited to, residential, office, commercial, institutional, or entertainment, in a compact village form, with vehicular access to an accepted public way. A proposed Mixed Use Development shall demonstrate that the project shall be served by town water and sewer service upon completion of the proposed development. g. Odor: A strong and unpleasant smell, for example, a garbage or chemical smell. 10. Personal Services: Establishments primarily engaged in providing services involving the care of a person or his/her apparel, including but not limited to: a. Laundering, dry cleaning and garment services not exceeding 5,000 square fee! of floor area per establishment; b. Coin operated laundries; c. Shoe repair; d. Photographic services; e. Beauty and barber shops; f. Apparel repair and alteration; g. Funeral services; h. Health clubs; i. Clothing rental. 11. Professional Services: Services performed by professional persons for business and personal use, including, but not limited to: a. Medical and health offices and clinics; b. Planning; c. Engineering and architectural; • • d. Accounting; e. Auditing and bookkeeping; f. Educational and scientific. 12. Senior and/or Handicapped Housing or Senior Apartments: Age-restricted mu~i-unit housing for 55 and older adults, or handicapped persons, with self-contained living units for older adults who are able to care for themselves. Usually no additional services such as meals or transportation are provided. 13. Sit Down Restaurant: An eating establishment with turnover rates generally of at least one hour or longer, serving food intended for consumption on the premises. 14. Treebelt: Can consist of tree planters, brick pavers, and benches with a minimum width of five feet. 180-143Use Regulations A. Uses Allowed by Right with Site Plan Review in a Mixed Use Development 1. Mixed use developments may be constructed in the Mixed Use Development Overlay District with Site Plan Review by the Planning Board in accordance with 5.180-13. The following uses may be included by right with Site Plan Review within a mixed use structure in a mixed use development: a. Retail Uses; b. Sit Down Restaurants; c. Cafes and outdoor dining areas; d. Multi-family Residential uses; e. Home Occupations; f. Professional Service Offices; g. Personal Service Establishments; h. Municipal Uses; i. Banks or financial institutions, automated teller machines (ATMs); j. Health club; k. Townhouses (single family dwellings connected by one or more walls); I. Cinema, theatre, or auditorium; m. Park, recreation or playground; n. Artist studio/residence; o. Assisted living residential uses senior apartments, and senior housing; p. Artisan manufacturing or production (hand tools only, e.g. jewelry or ceramics); q. Civic uses; r. Livelwork units; s. Multiple Uses in the same structure; t. Bars and cocktail lounges. The. above uses are not allowed as stand-alone structures in this district. B. Special Permit Uses in a Mixed Use Development 1. The following uses may be included within a mixed use development with the approval of a Special Permit from the Board of Appeals in accordance with s. 180-11 and 180-12: a. HotellMotel not exceeding 10 guest rooms per establishment; b. Dry cleaning, linen cleaning, or diaper services which clean clothing articles on site; c. Animal hospitals; Minimum Lot Area Os.f. • • d. Drive-up service windows associated with banks, pharmacies or cafes; 2. Within a mixed use development, the following uses shall not be allowed as free standing buildings: . a. Fast food restaurants; b. Sit down restaurants; c. Banks and automated teller machines (ATMs). C. Prohibited Uses in a Mixed Use Development 1. The following uses shall not be included within a Mixed Use Development: a. Industrial uses; b. Motor vehicle sales, maintenance and repair facilities; c. Gasoline filling stations; d. Adult entertainment uses; e. Automobile or truck sales; f. Junkyards. D. Same-structure/On-site Mixed Use 1. Within an approved Mixed Use Development, there shall be no restriction on combining different categories of use within the same building except any imposed by the State Building Code or other federal, state, or local regulations. 2. No mixed use development shall have more than 75% of the total square footage in the development used for residential uses, including multi-family uses, assisted living and senior housing. E. Special Permit Criteria for All Mixed Use Developments 1. All Mixed Use Developments requiring a Special Permit in Section 180-143(8) above must meet the Special Permit requirements in Section 180-11 and the Site Plan Approval requirements in Section 180-13. 2. All Mixed Use Developments requiring a Special Permit must also meet the following additional Special Permit criteria: a. The project complies with the additional Performance Standards for Mixed Use Developments in Section 180-144 below. b. The project is consistent with the purposes of th is ordinance, as stated in Section 180- 140. F. Dimensional Requirements Minimum Frontage 25 feet The dimensional requirements applicable to the Mixed Use Overlay District are shown in the Table of Dimensional and Density Regulations below: Table of Dimensional and DensitY Regulations for the Mixed Use, Business C District Minimum Minimum Minimum Maximum Maximum Maximum Setback Front Side Rear Height Lot Yard Yard Yard Coverage 10 feet o feet 20 feet 45 feet! 75% 15 feet 3 stories .. • • 180-144 Performance Standards for Mixed Use Developments To the extent feasible, all Mixed Use Developments must meet the Performance Standards in Sections 180-144 A-O below. No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes, excessive odor, nOise, vibration or excessive light violating the standards set forth in the performance criteria in this Section 18()'144 A-Q. Any other performance standards of the town shall also apply to uses conducted under this Section 180-144 of the Agawam Zoning Ordinances. A. Access and Traffic Impacts: 1. Traffic and safety impacts to the existing and proposed roads shall be minimized. 2. Access provided via shared curb cuts shall be encouraged. Curb cuts shall be as narrow as is feasible, without resulting in traffic safety issues. 3. Pedestrian and vehicular traffic shall be separated and walkways shall be provided for access to adjacent properties and between businesses. 4. Plans must illustrate provisions for safe automobile, pedestrian and bicycle circulation. Provisions must be made for motor vehicle, bicycle, and pedestrian circulation connections to adjacent lots . 5. The Planning Board shall require a detailed traffic study for the following uses: a. high volume traffic generating uses with a trip generation rate over 700 vehicles/day (based on Institute of Transportation Engineers rates found in Trip Generation); b. the construction of a new Mixed Use Development structure of more than 25,000 square feet in gross floor area; and c. any external enlargement that brings the Mixed Use Development total to 25,000 square feet gross floor area for all structures. 6. The Planning Board may waive any or all requirements for a traffic study for external enlargements of less than 2,000 square feet of gross floor area in excess of the 25,000 square feet gross floor area threshold. The traffic impact statement shall contain: a. The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels; b. The proposed traffic flow pattem for both vehicles and pedestrian access shall be described and related to the site plan, including vehicular movements at all major intersections likely to be affected by the proposed use of the site; c. Traffic flow patterns at the site including entrances and egresses, loading and unloading areas, and curb cuts on site and within one hundred (100) feet of the site; d. A detailed assessment of the traffic safety impacts of the proposed project or use on the carrying capacity of any adjacent highway or road, including the projected number of motor vehicle trips to enter or depart from the site estimated for daily hour and peak hour traffic levels, road capacities and impacts on intersection. EXisting daily and peak hour traffic levels and road capacities shall also be given; l • • e. A parking lot vehicle traffic and pedestrian circulation plan shall be designed to minimize conflicts and safety problems. B. Noise: 1. In order to protect, preserve, and promote the health, safety, welfare, peace, and quiet of the inhabitants of Agawam through the reduction, control, and prevention of such loud or raucous noise that unreasonably disturbs, injures, or endangers the comfort, privacy, repose, health, peace or safety of reasonable persons, all noise levels, measured at a height of four feet (4') above the ground surface at all property lines, using a sound meter which meets the most current American National Standards Institute's Specification for Type II Sound Level Meters, must not exceed the following standards: 7:00 p.m. to 11 :00 p.m. 50 11:00 p.m. to 7:00 a.m. 45 '------;*'FNJ(0)tte9::6655ddibbaa-;;=~;m1aTco~;rs:afum:; 5500dba-;;=;jnn.oJiiss,eaTelewv:ee~1 of a normal working refrigerator; 45dba = a quiet library 2. These standards shall not apply to power tools and equipment (i.e. lawn mowers, leaf blowers, sweepers, etc.) used in the normal maintenance of the site's outdoor areas (i.e. lawn, garden, parking, etc.). Such outdoor maintenance shall be limited to between the hours of 8:00 am 7:00 pm . C. Emissions and Odors: 1. Emissions and odors shall be completely and effectively confined within the building, or so regulated as to prevent any nuisance, hazard, or other disturbance from being perceptible (without the use of instruments) at any lot line of the premises on which the use is located. No emissions are permitted which can : • cause any damage to health of humans, animals or vegetation • cause excessive soiling • result in odorous gases or odoriferous matter in such quantities as to be offensive 2. The determination of what emissions are in violation of this provision shall be made by the Zoning Enforcement Officer or his/her designee taking into consideration all of the following: • the level of the odor; • the nature of the odor is usual or unusual; • the origin of the odor is natural or unnatural; • the level of the ambient odor; • the proximity of the odor to living/sleeping facilities; • the nature and zoning of the area from which the odor emanates and the area where it is received; • the duration of the odor; and whether the odor is recurrent, intermittent, or constant. D. Lighting: 1. Lighting systems should be deSigned, constructed, and installed in a manner that controls glare and light trespass, minimizes obtrusive light, conserves energy and resources while • • maintaining safety, visibility, sec Irity of individuals and property and curtailing the degradation of the nighttime visl 31 environment. Evenly distributed lighting throughout a site will minimize impacts on sur ounding neighborhoods and increase efficiency. By directing light where it is needec and only the intensity necessary to serve the intended purpose, these standards will pr Nent glare and its harsh shadows and blind spots. All lighting shall comply with the fol )wing: • Except for approved exterior lighting, operations producing glare shall be conducted entirely within an enclosed I:; .I ilding. No direct or sky-reflected glare, whether from floodlights or from high tem~ :rature processes such as welding shall be permitted beyond its lot lines onto nei£ lboring properties, or onto any street. • Exterior lighting, including bl t not necessarily limited to lighting of exterior walls of buildings from an extemalli£ 1t source, lighting of parking areas, and lighting of walks and drives shall be done in S Jch a manner to direct light away from adjacent lots and public ways. • All outdoor light fixtures and ;ruminated signs shall be designed, located, installed and directed in such a manner a~ to prevent light trespass beyond the property line, and light above a ninety-degree I orizontal plane. If necessary, an applicant may need to provide photometric plans ar :l/or manufacturing speCification sheets to show conformance with these star jards • All nonessential lighting, incl' ding display, parking, and sign lighting, shall be turned off after business hours, leaving only the lighting necessary for site and pedestrian security, crime prevention ar. j streetlighting. • All lighting shall be recessed 3nd shielded to prevent off-site glare. • Site lighting shall confom1 to he following output standards: E. Storage: 1. All materials, supplies and equipi lent shall be stored in accordance with Fire Prevention Standards of the National Board 'f Fire Underwriters, and shall be screened from view from public ways and abutting pro pert' lS. F. Waste Disposal: 1. Waste disposal shall follow state md town Board of Health regulations. 2. Storage of waste and waste facili ies shall be screened from view from public ways and neighboring properties. 3. Appropriate provisions shall be rr lde for the disposal of trash, which may include, but shall not be limited to, the provision of rash compactors within the building or on site, as well as a signed annual contract for rubb 3h removal. • • 4. Dumping of dumpsters shall be limited to weekdays between the hours of 7 AM and 11 PM only. Dumpsters must be fenced, gated and screened from view. G. Loading/Unloading: 1. The Planning Board may require that operations, including loading and unloading shall be limited to weekdays between the hours of 7AM and 11 PM only. 2. Loading and unloading platforms and doorways specially designed for loading/unloading are prohibited on the front side of any building. H. Walkways: 1. For public convenience, a pedestrian and/or bicycle way or sidewalk system shall connect all uses on the site, and otherwise provide appropriate circulation or continuity to an existing pedesbian or bicycle circulation system. These uses include, but are not limrted to residential, parking, transit, bicycling, recreation, and commercial uses. 2. Walkways and sidewalks must conform to requirements of the Americans with Disabilities Act (ADA) and the Massachusetts Architectural Access Board (MAAB). 3. Sidewalks are required along all town streets. A treebelt is required adjacent to sidewalk areas. The Planning Board can waive tree belt requirements in situations where they determine that local conditions warrant. 4. The development should provide intemal and/or public pedestrian connections that are direct, convenient and pleasant with appropriate amenities (e.g. attractive sidewalks and benches). I. Vehicular Access, Parking and L.oading, and Shared Parking Requirements: 1. Parking shall be located to the side or rear of buildings. In no case shall parking be allowed in the treebelt adjacent to the sidewalk or within the front setback of any lot. 2. Parking spaces may be located either on or off the lot. Applicant must show proof of space, dedicated to the use, its location relative to the building, and must indicate if the space is owned or leased. 3. Buildings that do not have frontage on a street must provide access for emergency and service vehicles through the layout and design of driveways, interior service roads, or pedestrian and bicycle circulation corridors. 4. The Planning Board may allow shared parking in a mixed use development. 5. A parking study shall be required for all new structures within the District. A parking study is not required for re-use of existing structures. A formal parking study may be waived for small developments where there is established experience with the land use mix and its impact is expected to be minimal. If standard rates are not available or limited, the applicant may collect data at similar sites to establish local parking demand rates. J. Alleys: • • 1. Alleys are permitted to access parking in the rear of structures, with Planning Board review. Alleys must be safe, secure and well lit. Alleys must be paved, with a minimum width of ten (10) feet. K. Development and Design Standards: 1. Existing buildings shall be re-used for mixed use developments, where feasible, as a priority over new construction. 2. Buildings or structures that are listed or eligible for inclusion on the National Register of Historic Places and/or the Massachusetts Register of Historic Places shall be converted, constructed, reconstructed, restored or altered to maintain or promote the status of the building or structure on, or eligibility for inclusion on the State or National Register of Historic Places. L. Signs: 1. Signs shall conform to the existing ordinances of the Town of Agawam in s. 180-75 through s. 180-89. 2. Permitted signs include: Signs located within the sign band on building facades; awning signs; hanging signs projecting from building facades; window signs and un-moveable free- standing signs. 3. Temporary signs permitted include: political signs; special events signs; and for sale or for lease signs. 4. Prohibited signs include: flashing signs; roof signs; moveable signs; internally lit plastiC signs. 5. Each business may display not more than two permanent signs. 6. Sign materials should be durable and easy to maintain. Signs may be constructed of wood, metal, stone, gold leaf, glass, canvas, stained glass or encased in a wooden frame. 7. Sign illumination may include extemal white light illumination, provided it is shaded from view off the premises, and neon. 8. Sign size: Signs may not exceed sixteen square feet in area. 9. Sign height: Free-standing pole signs shall have a maximum height of ten feet; other free- standing signs shall have a maximum height of four feet. M. Landscaping Requirements: 1. Screening of mechanical equipment, trash, and loading areas shall be provided through the use of walls, fences, and/or dense, evergreen plant materials. 2. The landscaped perimeter area shall have a minimum width of at least five feet, and can consist of tree planters, brick pavers, and benches. 3. Landscaping shall be provided for driveways and other vehicular use areas to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular traffic. 4. Interior parking areas shall be landscaped with sufficient shade trees to provide 50% shade within fifteen (15) years of installation. 5. Completion of the landscaping requirements may be postponed due to seasonal weather conditions for a period not to exceed six (6) months from the time of project completion. . . • • N. Green Infrastructure and Stormwater Runoff 1. To the extent feasible, Mixed Use Development projects shall recharge all stormwater on site. The use of green infrastructure strategies for stormwater recharge, such as permeable pavements, tree box filters, green streets, rain gardens, stormwater infiltration basins and green roofs, are strongly encouraged. Applicants' site plans shall indicate how the proposed development addresses green infrastructure and stormwater recharge. O. Maintenance of Landscaping and Screening: 1. All landscaping and screening shall be maintained by the property owner. 2. Landscaping and screening plant materials shall not encroach on the public walkways or roadways in a way that impedes pedestrian or vehicular traffic or visibility. 3. Shrubs or trees that die shall be replaced within one growing season. P. Appearance/ArchHectural Design 1. Architectural design shall be compatible with the historic character and scale of buildings in the neighborhood and the Town of Agawam through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. 2. In making its decision, the Planning Board may consider whether the building design is compatible with the following design guidelines: a. Exterior facades are faced with stone or brick, or clapboards of wood, aluminum or vinyl; b. Exterior facade treatment is compatible on all sides visible from a public way or parking lot; c. Facades facing town streets have windows facing the street. 3. Variations in architectural detail, form and siting shall be used to provide visual interest and avoid monotony. . 4. Existing buildings subject to reconstruction or rehabilitation and proposed buildings shall be compatible with the historic character and scale of contiguous buildings within the immediate neighborhood vicinity. 5. Proposed buildings should relate harmoniously to each other. 6. Buildings shall be designed so that retail, restaurant, and personal service establishments are strongly encouraged to be located on the ground or below grade building levels. 7. The entire building fa<;ade must be oriented to front and side street property lines and must be located within ten feet of such property lines, with sidewalks in front of buildings. 8. Public open spaces, such as plazas and pocket parks, are encouraged within the development; Q. Outdoor Dining 1. Outdoor dining shall be permitted by right, as an accessory use for any restaurant use, and must comply with the following standards: • • a.Alcohol may be served to and consumed by patrons in outdoor dining areas, provided that all necessary licenses are acquired. These licenses are to be gathered through the Liquor Commission, the Building Department and the Board of Health. b.The hours of operation of outdoor dining areas may be equal to or less than the hours of operation of the main restaurant. Dining areas which abut residential areas must end outdoor dining and seating by 11 pm. c. Litter must be cleaned up regularly. 181-145 Optional Affordable Housing Bonus A. A density bonus may be provided by the Planning Board, in return for provision of affordable housing, if the following criteria are met: 1. At least ten (10%) percent of the total dwelling units in a mixed use development may be designated as affordable housing. Affordable housing will be defined as those residential units affordable to a household earning up to eighty percent (80%) of the median income in Agawam's statistical area. 2. The affordable housing units shall include resale, lease or rental controls that will ensure continued affordability by future low and moderate income households. Deed restrictions or similar devices shall be used to limit future sale or rental prices for these purposes. 3. The affordable units may be located in an existing structure if their construction constitutes a net increase in the number of dwelling units in the development. B. The Planning Board shall determine the density bonus, which may consist of both of the following: 1. An increase in building height to a maximum of 4 stories; 2. An increase in lot coverage to a maximum of 95%. 181-146 Mixed Use Business C District Location A. This district includes the properties listed below. PRESIDENT Christopher C. Johnson VICE PRESIDENT Dennis J. Perry COUNCILORS George Bitzas Cecilia P. Calabrese Paul C. Cavallo James P. Cichetti Gina M Letellier Robert A. Magavern Joseph Mineo Donald M Rheault Robert E. Rossi ADMlNISTRA TIVE ASSISTANT Barbara A. Bard TELEPHONE (413) 726-9716 FAX (413) 726-97 J7 EMAIL bbard@agawam.ma.us . . ... \GAW AM CITY COUNCIL 36 MAIN STREET AGAWAM, MASSACHUSETTS 01.001 NOTICE OF MEETING PLEASE BE ADVISED THAT THERE WILL BE A LEGISLATIVE SUB-COMMITTEE MEETING AND COUNCIL WORKSHOP, ON WEDNESDAY, DECEMBER 11, 2013, AT 7:00pm, IN THE PEIRCE ROOM AT THE AGAWAM PUBLIC LIBRARY, 750 COO}lER STREET, AGAWAM, MA. I. 2. cc: AGENDA PH-2013-to (TOR-2013-8) -An Ordinance to Amend the Code of the Town of Agawam Zoning Ordinances § 180; Mixed Use Business District (Public Hearing Date set for December 16, 2013) An y other bu siness that may legally come before the Committee. Committee Members Letellier, Cavallo, Rossi , and Bitzas Full Council Mayor Solicitor Deborah Dachas, Planning Director Planning Board .J ; __ ,1 N (.-J PRESIDEl.I.T Christopher C. Johnson VICE PRESIDENT Dennis J Perry COUNCILORS George Bilzas Cecilia p, Calabrese Paul C. Cavallo James p, Cichetti 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 , , • ' \GAWAM CITY COUNCIL 36 MAIN STREET AGAWAM, MASSACHUSETIS 01001 November 27, 20) 3 Agawam Planning Board Town H all 36 Main Street ' Agawam, MA, 01001 Re: TOR-2013-8 Dear Members of the Agawam Planning Board: At its regularly scheduled City COllncil meeting of November 18,2013, the Agawam City Council referred the following item to the Agawam Planning Board for them to hold a public hearing and make a recommendation, The C ity Council also set a date of December 16, 2013 on which to hold their public hearing on the same, • PH-2013-16 (TOR-2013-8) -An Ordinance to Amend the Code of the Town of Agawam Zoning Ordinances § 180; Mixed Use Business District. If you have any questions, please do not hesitate to contact me, Sincerely, Christopher C. Johnson, Presi Agawam City Council CCJ/bb cc: Fu ll Council Mayor Solicitor • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 . Tel. 413-786-0400 Fax 413-786-9927 TO: Building Inspector Town Solicitor Engineering/DPW Safety Officer Fire Department Health Department Conservation Commission Board of Appeals School Committee Assessors FROM: Planning Board MEMO SUBJECT: Proposed Zoning Amendment -Mixed Use Business C District DATE: November 22, 2013 The Planning Board is the petitioner on the attached zoning amendment entitled "Mixed Use Business C". Please review and comment prior to the Board's December 5th meeting. Thank you. Sincerely, ~e.~.-6;r~ Mark R. Paleologopoulos AGAWAM PLANNING BOARD MRPIDSD:prk Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 November 22, 2013 Dear Abutter: The Agawam Planning Board is the petitioner on a Zoning Amendment entitled "Mixed Use Business C District". The proposed District will affect twenty-one (21) properties within the . .. Walnut Street Extension area. A map ofthe affected properties has been included. The Assessors Office lists you as an abutter (within 300') or you are an affected property owner and therefore must be notified of the upcoming public hearing. The Planning Board will be holding a public hearing on this request on Thursday, December 5, 2013 at 7:00 PM. The meeting will be held at the Agawam Public Library, 750 Cooper Street, Agawam. You are encouraged to attend and comment. Sincerely, Mark R. Paleologopoulos AGAWAM PLANNING BOARD MRPIDSD:prk MASON DAVID. J SR MASON DAVID J SR TENNESSEE GAS PIPELJNE CIO -PROPERTY TAX 6429 BIGELOW COMMONS ENFIELD, CT 06082 AGAWAM PLAZA LLC 342 BEACON ST NEWTON, MA 02467-3977 TOUCHETTE ROBERT W LIT TOUCHETTE ROBERT W JR 32 COLUMBUS ST AGAWAM,MA 01001-1502 TOUCHETTE ROBERT W LIT TOUCHETTE ROBERT W JR 32 COLUMBUS ST AGAWAM, MA 01001-1502 TORAN REALTY CORP. % TOM RUSSO 204 SUFFIELD ST AGAWAM,MA 01001-1748 COHEN STANLEY L COHEN HELEN M 82WESTRD LONGMEADOW, MA 01106- CHRISTY MARLENE A 68 WILLOWBROOK DR AGAWAM,MA 01001-1632 ALLEN MARY KATHLEEN 66 COLUMBUS ST AGAWAM, MA 01001-1502 NA VONE ROLAND N 77 YORK ST. WEST SPRINGFIELD, MA 6429 BIG'" Am ~~, ~ ,.~··c ENFIELD ELLENDf 120 ELY \ LONGME. CREMON". CREMONl 37 COLUlV AGAWAM BGLCONS 65 AGA W A _ . ____ .m~ '-' I AGAWAM, MA 01001-1552 STACK ROBERTN STACK MELANIE M 48 COLUMBUS ST AGAWAM,MA 01001-1502 LOUDFOOT ALAN W 51 COLUMBUS ST AGAWAM, MA 01001-1501 BOISCLAIR PAULA A BOISCLAIR DANIEL J P 56 COLUMBUS ST AGAWAM, MA 01001-1502 FOUNTAIN DOUGLAS 315 LANCASTER AVE WEST SPRINGFIELD, MA DEMPSEY JOSEPH F DEMPSEY SUSAN M 1048MAINRD GRANVILLE, MA 01034 77210-4372 tANKJ JDA :ST 01001-1501 ,EYL M 1, MA 01106- jT ABETHL 49 COLUMBUS ST AGAWAM,MA 01001-1501 CHABOT JOSEPH 0 BURNETT DANIEL H 36 RAMAH CIR NORTH AGAWAM,MA 01001 COHEN STANLEY COHEN HELEN M 82WESTRD LONGMEADOW, MA 01106- EDELMAN LINDA M EDELMAN LEO G 57 COLUMBUS ST AGAWAM, MA 01001-1501 THERIAULT NANCY 67 COLUMBUS ST AGAWAM, MA 01001 MOCCIO SHIRLEY 166 FEEDING HILLS RD SOUTHWICK, MA 01077- MASON DAVID.J SR MASON DAVID J SR TENNESSEE GAS PIPELINE C/O -PROPERTY TAX 6429 BIGELOW COMMONS 6429 BIGELOW COMMONS POBOX 4372 ENFIELD, CT 06082 ENFIELD, CT 06082 HOUSTON, TX 77210-4372 AGAWAM PLAZA LLC 342 BEACON ST NEWTON, MA 02467-3977 TOUCHETTE ROBERT W LIT TOUCHETTE ROBERT W JR 32 COLUMBUS ST AGAWAM, MA 01001-1502 TOUCHETTE ROBERT W LIT TOUCHETTE ROBERT W JR 32 COLUMBUS ST AGAWAM,MA 01001-1502 TORAN REALTY CORP. % TOM RUSSO 204 SUFFIELD ST AGAWAM,MA 01001-1748 COHEN STANLEY L COHEN HELEN M 82WESTRD LONGMEADOW, MA 01106- CHRISTY MARLENE A 68 WILLOWBROOK DR AGAWAM, MA 01001-1632 ALLEN MARY KATHLEEN 66 COLUMBUS ST AGAWAM,MA 01001-1502 NAVONE ROLAND N 77 YORK ST. WEST SPRINGFIELD, MA ELLENDA VE LLC 120 ELY WAY LONGMEADOW, MA 01106 CREMONTI FRANK J CREMONTI OLIDA 37 COLUMBUS ST AGAWAM, MA 01001-1501 BGL CONSTRUCTION CO INC 65 AGAWAM SHOPPING CT AGAWAM, MA 01001-1552 STACK ROBERT N STACK MELANIE M 48 COLUMBUS ST AGAWAM, MA 01001-1502 LOUDFOOT ALAN W 51 COLUMBUS ST AGAWAM, MA 01001-1501 BOISCLAIR PAULA A BOISCLAIR DANIEL J P 56 COLUMBUS ST AGAWAM, MA 01001-1502 FOUNTAIN DOUGLAS 315 LANCASTER AVE WEST SPRINGFIELD, MA DEMPSEY JOSEPH F DEMPSEY SUSAN M 1048MAINRD GRANVILLE,MA 01034 CREMONTI FRANK J CREMONTI OLIDA 37 COLUMBUS ST AGAWAM, MA 01001-1501 COHEN STANLEYL COHEN HELEN M 82WESTRD LONGMEADOW, MA 01106- NUNN JANE E LIT MUELLER ELIZABETH L 49 COLUMBUS ST AGAWAM, MA 01001-1501 CHABOT JOSEPH 0 BURNETT DANIEL H 36 RAMAH CIR NORTH AGAWAM,MA 01001 COHEN STANLEY COHEN HELEN M 82WESTRD LONGMEADOW, MA 01106- EDELMAN LINDA M EDELMAN LEO G 57 COLUMBUS ST AGAWAM, MA 01001-1501 THERIAULT NANCY 67 COLUMBUS ST AGAWAM, MA 01001 MOCCIO SHIRLEY 166 FEEDING HILLS RD SOUTHWICK, MA 01077- WESTERN MASS ELECTRIC CO P.O. BOX 270 HARTFORD, CT 06141 TRAK REALTY LLC 16 EAST MAIN ST WESTBOROUGH, MA 01581 MASON DAVID J SR 6429 BIGELOW COMMONS ENFIELD, CT 06082 AKUMJANAKTS AKUMIANAKlS GAYLE 10 COLUMBUS ST AGAWAM, MA 01001-1502 CREMONTI FRANK. J CREMONTI OLIDA 37 COLUMBUS ST AGAWAM, MA 01001-1501 COHEN STANLEY L COHEN HELEN M 82WESTRD LONGMEADOW, MA 01106- NUNN JANE E ur MUELLER ELIZABETH L 49 COLUMBUS ST AGAWAM, MA 01001-1501 COHEN STANLEY L COHEN HELEN M 82WESTRD LONGMEADOW, MA 01106- CHRISTY MARLENE A 68 WILLOWBROOK DR AGAWAM, MA 01001-1632 ALLEN MARY KATHLEEN 66 COLUMBUS ST AGAWAM, MA 01001-1502 • WESTERN MASS ELECTRIC CO P.0 .BOX270 HARTFORD, CT 06141 MASON DAVID J SR 6429 BIGELOW COMMONS ENFIELD, CT 06082 AGAWAM PLAZA LLC 342 BEACON ST NEWTON, MA 02467-3977 LUPP) EDWARD T 16 COLUMBUS ST AGAWAM, MA 01001-1502 TOUCHETTE ROBERT W ur TOUCHETTE ROBERT W JR 32 COLUMBUS ST AGAWAM, MA 01001-1502 TOUCHETTE ROBERT W ur TOUCHETTE ROBERT W JR 32 COLUMBUS ST AGAWAM, MA 01001-1502 TORAN REALTY CORP. % TOM RUSSO 204 SUFFIELD ST AGAWAM, MA 01001-1748 LOUDFOOT ALAN W 51 COLUMBUS ST AGAWAM, MA 01001-1501 BOISCLAIR PAULA A BOISCLAIR DANIEL J P 56 COLUMBUS ST AGAWAM, MA 01001-1502 FOUNTAIN DOUGLAS 315 LANCASTER AVE WEST SPRINGFIELD, MA • WESTERN MASS ELEC CO ONEFEDERALST SPRINGFIELD, MA 01103 MASON DAVID J SR 6429 BIGELOW COMMONS ENFIELD, CT 06082 ELLENDA VE LLC 120 ELY WAY LONGMEADOW, MA 01106 BRUSO LEONARD R JR TR LEONARD R BRUSO JR TR 26 COLUMBUS ST AGAWAM,MA 01001-1502 CREMONTI FRANK J CREMONTI OLIDA 37 COLUMBUS ST AGAWAM,MA 01001-1501 BGL CONSTRUCTION CO INC 65 AGAWAM SHOPPING CT AGAWAM,MA 01001-1552 STACK ROBERTN STACK MELANIE M 48 COLUMBUS ST AGAWAM,MA 01001-1502 COHEN STANLEY COHEN HELEN M 82 WEST RD LONGMEADOW, MA 01106- EDELMAN LINDA M EDELMAN LEO G 57 COLUMBUS ST AGAWAM, MA 01001-1501 THERIAULT NANCY 67 COLUMBUS ST AGAWAM, MA 01001 • • NA VaNE ROLAND N 77 YORK ST. WEST SPRlNGFIELD, MA WESTERN MASS ELECTRIC CO MAGEE ROBERT C ARROYO EDUARDO JR C/O WALGREEN #4358 TAX P.O. 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BOX 270 HARTFORD, CT 06141 DAPPCO REALTY, LLC 102 ANVIL ST FEEDING HILLS, MA 01030 WESTERN MASS ELEC CO ONE FEDERAL ST SPRINGFIELD, MA 01103 SANDER MARCEL TRUSTEE 53 SPRINGFIELD REALTY TRUST 342 BEACON ST NEWTON, MA 02467-3977 WILLOWBROOK ASSOC. 54 RAMAH CIRCLE NORTH AGAWAM,MA 01001 RATNER ELLEN 151 SPRINGFIELD ST AGAWAM,MA 01001 GOODWILL JOHN H LfT GOODWILL DOUGLAS J - PATRICIA 25 AGAWAM SHOPPING AGAWAM,MA 01001-1534 TORAN REALTY CORP. % TOM RUSSO 204 SUFFIELD ST AGAWAM, MA 01001-1748 COHEN STANLEY L COHEN HELEN M 82WESTRD LONGMEADOW, MA 01106- CHRISTY MARLENE A 68 WILLOWBROOK DR AGAWAM, MA 01001-1632 MAGEE ROBERT C C/O WALGREEN #4358 TAX DEPT #3 300 WILMOT RD DEERFIELD,IL 60015-4600 TDBANK 380 WELLINGTON ST, TWR B LONDON, ON N6 A 4S4 AGAWAM PLAZA LLC 342 BEACON ST NEWTON, MA 02467-3977 COOK ASSOCIATES INC PO BOX 450 CHESTER, CT 06412-1238 KUSELIAS RAYMOND KUSELIAS MARJA A 158 EAST LONGMEADOW RD WILBRAHAM, MA 01095- COHEN STANLEY L COHEN HELEN M 82 WESTRD LONGMEADOW, MA 01106- STANDARD MANAGEMENT 60MCLEANST WELLESLEY, MA 02481 DEGRAY RONALD L DEGRAY ANN I 103 VERDUGO ST WEST SPRINGFIELD, MA WALNUT PLAZA LLC 6 VILLAGE HILL RD WILLIAMSBURG, MA • Jrs 1/ ARROYO EDUARDO JR 80 SPRINGFIELD ST AGAWAM,MA 01001 JASMIN NORMAN F JASMIN SOPHIE F 82 SPRINGFIELD ST AGAWAM, MA 01001-1506 ELLENDAVE LLC 120 ELY WAY LONGMEADOW, MA 01106 PENFIELD PRODUCTIONS LTD 35 SPRINGFIELD ST AGAWAM, MA 01001-1521 WHITE LAWRENCE JR 88 LISWELL DR FEEDING HILLS, MA 01030 CHABOT JOSEPH 0 BURNEIT DANIEL H 36 RAMAH CIR NORTH AGAWAM, MA 01001 BGL CONSTRUCTION CO INC 65 AGAWAM SHOPPING CT AGAWAM, MA 01001-1552 CHABOT JOSEPH 0 BURNEIT DANIEL H 36 RAMAH CIR NORTH AGAWAM, MA 01001 COHEN STANLEY COHEN HELEN M 82WESTRD LONGMEADOW, MA 01106- • WESTERN MASS ELECTRIC CO P.O. BOX 270 HARTFORD, CT 06141 TRAKREALTY LLC 16 EAST MAIN ST WESTBOROUGH, MA 01581 MASON DAVID J SR 6429 BIGELOW COMMONS ENFIELD, CT 06082 AKUMIANAKIS AKUMIANAKIS GAYLE 10 COLUMBUS ST AGAWAM, MA 01001-1502 CREMONTI FRANK J CREMONTI OUDA 37 COLUMBUS ST AGAWAM, MA 01001-1501 COHEN STANLEY L COHEN HELEN M 82 WESTRD LONGMEADOW, MA 01106- NUNN JANE E LfT MUELLER ELIZABETH L 49 COLUMBUS ST AGAWAM, MA 01001-1501 COHEN STANLEY L COHEN HELEN M 82WESTRD LONGMEADOW,MA 01106- CHRISTY MARLENE A 68 WILLOWBROOK DR AGAWAM, MA 01001-1632 ALLEN MARY KATHLEEN 66 COLUMBUS ST AGAWAM, MA 01001-1502 WESTERN MASS ELECTRlC CO P.O.BOX270 HARTFORD, CT 06141 MASON DAVID J SR 6429 BIGELOW COMMONS ENFIELD, CT 06082 AGAWAM PLAZA LLC 342 BEACON ST NEWTON, MA 02467-3977 LUPPI EDWARD T 16 COLUMBUS ST AGAWAM, MA 01001-IS02 TOUCHETTE ROBERT W LfT TOUCHETTE ROBERT W JR 32 COLUMBUS ST AGAWAM,MA 01001-1502 TOUCHETTE ROBERT W LfT TOUCHETTE ROBERT W JR 32 COLUMBUS ST AGAWAM, MA 01001-1502 TORAN REALTY CORP. % TOM RUSSO 204 SUFFIELD ST AGAWAM,MA 01001-1748 LOUDFOOT ALAN W SI COLUMBUS ST AGAWAM'MA 01001-1501 BOISCLAIR PAULA A BOISCLAIR DANIEL J P 56 COLUMI3US ST AGAWAM, MA 01001-1S02 FOUNTAIN DOUGLAS 31S LANCASTER AVE WEST SPRlNGFIELD, MA • WESTERN MASS ELEC CO ONE FEDERAL ST SPRlNGFIELD, MA 01103 MASON DAVID J SR 6429 BIGELOW COMMONS ENFIELD, CT 06082 ELLENDA VE LLC 120 ELY WAY LONGMEADOW, MA 01106 BRUSO LEONARD R JR TR LEONARD R BRUSO JR TR 26 COLUMBUS ST AGAWAM,MA 01001-IS02 CREMONTI FRANK J CREMONTI OLIDA 37 COLUMBUS ST AGAWAM, MA 01001-1501 BGL CONSTRUCTION CO INC 6S AGAWAM SHOPPING CT AGAWAM,MA 01001-1552 STACK ROBERTN STACK MELANIE M 48 COLUMBUS ST AGAWAM,MA 01001-1502 COHEN STANLEY COHEN HELEN M 82 WEST RD LONGMEADOW, MA 01l06- EDELMAN LINDA M EDELMAN LEO G 57 COLUMBUS ST AGAWAM, MA OIOOI-ISOI THERlAULT NANCY 67 COLUMI3US ST AGAWAM,MA 01001 • • NA VaNE ROLAND N 77 YORK ST. WEST SPRINGFIELD, MA MASON DAVID J SR 6429 BIGELOW COMMONS ENFIELD, CT 06082 AGAWAM PLAZA LLC 342 BEACON ST NEWTON, MA 02467-3977 TOUCHETTE ROBERT W IlT TOUCHETTE ROBERT W JR 32 COLUMBUS ST AGAWAM, MA 01001-1502 TOUCHETTE ROBERT W UT TOUCHETTE ROBERT W JR 32 COLUMBUS ST AGAWAM, MA 01001-1502 TORAN REALTY CORP. % TOM RUSSO 204 SUFFIELD ST AGAWAM, MA 01001-1748 COHEN STANLEY L COHEN HELEN M 82 WESTRD LONGMEADOW, MA 01106- CHRISTY MARLENE A 68 WILLOWBROOK DR AGAWAM, MA 01001-1632 ALLEN MARY KATHLEEN 66 COLUMBUS ST AGAWAM, MA 01001-1502 NAVONE ROLAND N 77 YORK ST. WEST SPRINGFIELD, MA • MASON DAVID J SR 6429 BIGELOW COMMONS ENFIELD, CT 06082 ELLENDAVE LLC 120 ELY WAY LONGMEADOW, MA 01106 CREMONTI FRANK J CREMONTI OLIDA 37 COLUMBUS ST AGAWAM, MA 01001-1501 BGL CONSTRUCTION CO INC 65 AGAWAM SHOPPING CT AGAWAM, MA . 01001-1552 STACK ROBERT N STACK MELANIEM 48 COLUMBUS ST AGAWAM, MA 01001-1502 LOUDFOOT ALAN W 51 COLUMBUS ST AGAWAM, MA 01001-1501 BOISCLAIR PAULA A BOISCLAIR DANIEL J P 56 COLUMBUS ST AGAWAM, MA 01001-1502 FOUNTAIN DOUGLAS 315 LANCASTER AVE WEST SPRINGFIELD, MA DEMPSEY JOSEPH F DEMPSEY SUSAN M 1048 MAINRD GRANVILLE, MA 01034 • TENNESSEE GAS PIPELINE CIO -PROPERTY TAX POBOX4372 HOUSTON, TX 77210-4372 CREMONTI FRANK J CREMONTI OLIDA 37 COLUMBUS ST AGAWAM, MA 0I00l-ISO! COHEN STANLEY L COHEN HELEN M 82 WEST RD LONGMEADOW, MA 01106- NUNN JANE E UT MUELLER ELIZABETH L 49 COLUMBUS ST AGAWAM, MA 01001-1501 CHABOT JOSEPH 0 BURNETT DANIEL H 36 RAMAH CIR NORTH AGAWAM,MA 01001 COHEN STANLEY COHEN HELEN M 82WESTRD LONGMEADOW, MA 01106- EDELMAN LINDA M EDELMAN LEO G 57 COLUMBUS ST AGAWAM, MA 01001-1501 THERIAULT NANCY 67 COLUMBUS ST AGAWAM, MA 01001 MOCCIO SHIRLEY 166 FEEDING HILLS RD SOUTHWICK, MA 01077- • • ARTICLE XIX MIXED USE BUSINESS C DISTRICT 180-139Scope To regulate Mixed Use Development in appropriate areas of the Town and to protect the public health, safety, and general welfare in the Town of Agawam by establishing controls that will facilitate flexible development while protecting the public interest. 180-140 Purposes A. The purpose of this ordinance is to foster a greater opportunity for creative development by providing guidelines which encourage a mix of uses compatible with existing and neighboring properties; to provide housing and business uses in locations where a variety of town services are available; to promote utilization of existing buildings and property, and to encourage the provision of open areas. The intent, furthermore, is to encourage interaction among activities located within a Mixed Use Development, to enhance business vitality, reduce vehicular traffic, provide employment opportunities for residents close to home, ensure the compatibility with each other of the commercial, and residential uses, ensure that the appearance and effects of buildings and uses are harmonious with the character of the area in which they are located by: 1. Allowing a diversity of uses in close proximity in the district within a limited area, including residential, commercial, and office; 2. Accommodating mixed-use buildings with neighborhood-serving retail, service and other uses on the ground floor and residential units above; 3. Encouraging development that exhibits the physical design characteristics of pedestrian- oriented storefront-style shopping streets; 4. Promoting the opportunity for people to work, meet, shop and utilize services in the vicinity of their residences; 5. Providing opportunities for the development of affordable housing; 6. Providing opportunities for a mixture of uses in the same building; 7. Promoting a positive pedestrian environment in the district; 8. Facilitating integrated physical design; 9. Promoting a high level of design quality; 10. Encouraging the development of flexible space for small and emerging businesses; 11. Facilitating development proposals responsive to current and future market conditions; and 12. Encouraging the development of open spaces and parks within the district to accommodate workers, residents, pedestrians, and shoppers. • • 180-141 Establishment and Administration A. The Agawam Mixed Use Business C District shall include the properties listed below. These properties are included by reason of their potential to provide a flexible development area aligned with the purpose ofthis Article. Assessor's Map, Block and Lot 114-5-34 115-9-1 Jl5-1-1 J15-1-2 J15-1-3 J15-4-1 J15-4-2 J15-4-3 J15-4-4 J14-3-3 J14-3-4 J14-3-5 J14-3-7 J14-4-1 J14-4-2 J14-4-3 J14-4-5 J14-4-6 J14-4-7 J14-4-8 J14-4-9 B. The provisions of this Section 180-144 shall be administered by the Planning Board, except as otherwise provided herein. C. The Planning Board may waive any information requirements it judges to be unnecessary to the review of a particular plan. Such waiver decisions must be documented in writing by the Planning Board. 180-142 Definitions A. The following definitions shall apply to all mixed use applications under these zoning ordinances: 1. Assisted Living: Housing for adults, with services provided, such as meals, laundry, and housekeeping. 2. Business Services: Services used in the conducting of business and commerce, including only: a. Consumer and mercantile credit reporting; b. News services; c. Research, development and testing; d. Business management and consulting; e. Insurance company service offices; f. Real estate offices. • • 3. Cafe: A coffee house or small restaurant, often with an enclosed or outdoor section extending onto the sidewalk 4. Driveway: A space, located on a lot, built for access to a garage or off-street parking or loading space. 5. Fast Food Restaurant: An establishment whose principal business is the sale of pre- prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off the premises. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers. 6. Live-work Units: A livefwork unit is defined as a single unit (e.g., studio, loft, or one bedroom) consisting of both a commercial/office and a residential component that is occupied by the same resident. The livefwork unit shall be the primary dwelling of the occupant. 7. Lot Coverage: The area of a lot covered by the footprint of all structures, as well as decks, balconies, porches, and similar architectural features, driveway areas, expressed as a percentage of the total lot area. 8. Mixed Use Development: The development of a tract of land, building, or structure with two (2) or more different uses such as, but not limited to, residential, office, commercial, institutional, or entertainment, in a compact village form, with vehicular access to an accepted public way. A proposed Mixed Use Development shall demonstrate that the project shall be served by town water and sewer service upon completion of the proposed development. 9. Odor: A strong and unpleasant smell, for example, a garbage or chemical smell. 10. Personal Services: Establishments primarily engaged in providing services involving the care of a person or his/her apparel, including but not limited to: a. Laundering, dry cleaning and garment services not exceeding 5,000 square feet of floor area per establishment; b. Coin operated laundries; c. Shoe repair; d. Photographic services; e. Beauty and barber shops; f. Apparel repair and alteration; g. Funeral services; h. Health clubs; i. Clothing rental. 11. Professional Services: Services performed by professional persons for business and personal use, including, but not limited to: a. Medical and health offices and clinics; b. Planning; c. Engineering and architectural; • • d. Accounting; e. Auditing and bookkeeping; f. Educational and scientific. 12. Senior and/or Handicapped Housing or Senior Apartments: Age-restricted multi-unit housing for 55 and older adults, or handicapped persons, with self-contained living units for older adults who are able to care for themselves. Usually no additional services such as meals or transportation are provided. 13. Sit Down Restaurant: An eating establishment with turnover rates generally of at least one hour or longer, serving food intended for consumption on the premises. 14. Treebelt: Can consist of tree planters, brick pavers, and benches with a minimum width of five feet. 180-143 Use Regulations A. Uses Allowed by Right with Site Plan Review in a Mixed Use Development 1. Mixed use developments may be constructed in the Mixed Use Development Overlay District with Site Plan Review by the Planning Board in accordance with s.180-13. The following uses may be included by right with Site Plan Review within a mixed use structure in a mixed use development: a. Retail Uses; b. Sit Down Restaurants; c. Cafes and outdoor dining areas; d. Multi-family Residential uses; e. Home Occupations; f. Professional Service Offices; g. Personal Service Establishments; h. Municipal Uses; i. Banks or financial institutions, automated teller machines (ATMs); j. Health club; k. Townhouses (single family dwellings connected by one or more walls); I. Cinema, theatre, or auditorium; m. Park, recreation or playground; n. Artist studio/residence; o. Assisted living residential uses senior apartments, and senior housing; p. Artisan manufacturing or production (hand tools only, e.g. jewelry or ceramics); q. Civic uses; r. Livelwork units; s. Multiple Uses in the same structure; t. Bars and cocktail lounges. The above uses are not allowed as stand-alone structures in this district. B. Special Permit Uses in a Mixed Use Development 1. The following uses may be included within a mixed use development with the approval of a Special Pemnit from the Board of Appeals in accordance with s. 180-11 and 180-12: a. Hotel/Motel not exceeding 10 guest rooms per establishment; b. Dry cleaning, linen cleaning, or diaper services which clean clothing articles on site; c. Animal hospitals; Minimum Lot Area o s.f. • • d. Drive-up service windows associated with banks, pharmacies or cafes; 2. Within a mixed use development, the following uses shall not be allowed as free standing buildings: a. Fast food restaurants; b. Sit down restaurants; c. Banks and automated teller machines (ATMs). C. Prohibited Uses in a Mixed Use Development 1. The following uses shall not be included within a Mixed Use Development: a. Industrial uses; b. Motor vehicle sales, maintenance and repair facilities; c. Gasoline filling stations; d. Adult entertainment uses; e. Automobile or truck sales; f. Junkyards. D. Same-structure/On-site Mixed Use 1. Within an approved Mixed Use Development, there shall be no restriction on combining different categories of use within the same building except any imposed by the State Building Code or other federal, state, or local regulations. 2. No mixed use development shall have more than 75% of the total square footage in the development used for residential uses, including multi-family uses, assisted living and senior housing. E. Special Permit Criteria for All Mixed Use Developments 1. All Mixed Use Developments requiring a Special Permit in Section 180-143(B) above must meetthe Special Permit requirements in Section 180-11 and the Site Plan Approval requirements in Section 180-13. 2. All Mixed Use Developments requiring a Special Permit must also meet the following additional Special Permit criteria: a. The project complies with the additional Performance Standards for Mixed Use Developments in Section 180-144 below. b. The project is consistent with the purposes of this ordinance, as stated in Section 180- 140. F. Dimensional Requirements The dimensional requirements applicable to the Mixed Use Overlay District are shown in the Table of Dimensional and Density Regulations below: Table of Dimensional and Densitv Regulations for the Mixed Use. Business C District Minimum Minimum Minimum Minimum Maximum Maximum Maximum Setback Frontage Front Side Rear Height Lot Yard Yard Yard Coverage 25 feet 10 feet o feet 20 feet 45 feet! 75% 3 stories 15 feet • • 180-144 Performance Standards for Mixed Use Developments To the extent feasible, all Mixed Use Developments must meet the Performance Standards in Sections 180-144 A-O below. No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes, excessive odor, noise, vibration or excessive light violating the standards set forth in the performance criteria in this Section 180-144 A-Q. Any other performance standards of the town shall also apply to uses conducted under this Section 180-144 of the Agawam Zoning Ordinances. A. Access and Traffic Impacts: 1. Traffic and safety impacts to the existing and proposed roads shall be minimized. 2. Access provided via shared curb cuts shall be encouraged. Curb cuts shall be as narrow as is feasible, without resulting in traffic safety issues. 3. Pedestrian and vehicular traffic shall be separated and walkways shall be provided for access to adjacent properties and between businesses. 4. Plans must illustrate provisions for safe automobile, pedestrian and bicycle circulation. Provisions must be made for motor vehicle, bicycle, and pedestrian circulation connections to adjacent lots. 5. The Planning Board shall require a detailed traffic study for the following uses: a. high volume traffic generating uses with a trip generation rate over 700 vehicles/day (based on Institute of Transportation Engineers rates found in Trip Generation); b. the construction of a new Mixed Use Development structure of more than 25,000 square feet in gross floor area; and c. any external enlargement that brings the Mixed Use Development total to 25,000 square feet gross floor area for all structures. 6. The Planning Board may waive any or all requirements for a traffic study for external enlargements of less than 2,000 square feet of gross floor area in excess of the 25,000 square feet gross floor area threshold. The traffic impact statement shall contain: a. The prOjected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels; b. The proposed traffic flow pattern for both vehicles and pedestrian access shall be described and related to the site plan, including vehicular movements at all major intersections likely to be affected by the proposed use of the site; c. Traffic flow patterns at the site including entrances and egresses, loading and unloading areas, and curb cuts on site and within one hundred (100) feet of the site; d. A detailed assessment of the traffic safety impacts of the proposed project or use on the carrying capacity of any adjacent highway or road, including the prOjected number of motor vehicle trips to enter or depart from the site estimated for daily hour and peak hour traffic levels, road capacities and impacts on intersection. Existing daily and peak hour traffic levels and road capacities shall also be given; • • e. A parking lot vehicle traffic and pedestrian circulation plan shall be designed to minimize conflicts and safety problems. B. Noise: 1. In order to protect, preserve, and promote the health, safety, welfare, peace, and quiet of the inhabitants of Agawam through the reduction, control, and prevention of such loud or raucous noise that unreasonably disturbs, injures, or endangers the comfort, privacy, repose, health, peace or safety of reasonable persons, all noise levels, measured at a height of four feet (4') above the ground surface at all property lines, using a sound meter which meets the most current American National Standards Institute's Specification for Type II Sound Level Meters, must not exceed the following standards: Time of Day Max. Sound Level(dBA) 7:00 a.m. to 7:00 p.m. 65' 7:00 p.m. to 11 :00 p.m. 50 11 :00 p.m. to 7:00 a.m. 45 'Note: 65 dba = normal conversation; 50 dba = nOise level of a normal working refrigerator; 45dba = a quiet library 2. These standards shall not apply to power tools and equipment (i.e. lawn mowers, leaf blowers, sweepers, etc.) used in the normal maintenance of the site's outdoor areas (i.e. lawn, garden, parking, etc.). Such outdoor maintenance shall be limited to between the hours of 8:00 am 7:00 pm. C. Emissions and Odors: 1. Emissions and odors shall be completely and effectively confined within the building, or so regulated as to prevent any nuisance, hazard, or other disturbance from being perceptible (without the use of instruments) at any lot line of the premises on which the use is located. No emissions are permitted which can: • cause any damage to health of humans, animals or vegetation • cause excessive soiling • result in odorous gases or odoriferous matter in such quantities as to be offensive 2. The determination of what emissions are in violation of this provision shall be made by the Zoning Enforcement Officer or his/her designee taking into consideration all of the following: • the level of the odor; • the nature of the odor is usual or unusual; • the origin ofthe odor is natural or unnatural; • the level of the ambient odor; • the proximity of the odor to living/sleeping facilities; • the nature and zoning of the area from which the odor emanates and the area where it is received; • the duration of the odor; and whether the odor is recurrent, intermittent, or constant. D. Lighting: 1. Lighting systems should be designed, constructed, and installed in a manner that controls glare and light trespass, minimizes obtrusive light, conserves energy and resources while • • maintaining safety, visibility, security of individuals and property and curtailing the degradation of the nighttime visual environment. Evenly distributed lighting throughout a site will minimize impacts on surrounding neighborhoods and increase efficiency. By directing light where it is needed and only the intenSity necessary to serve the intended purpose, these standards will prevent glare and its harsh shadows and blind spots. All lighting shall comply with the following: • Except for approved exterior lighting, operations producing glare shall be conducted entirely within an enclosed building. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as welding shall be permitted beyond its lot lines onto neighboring properties, or onto any street. • Exterior lighting, including but not necessarily limited to lighting of exterior walls of buildings from an external light source, lighting of parking areas, and lighting of walks and drives shall be done in such a manner to direct light away from adjacent lots and public ways. • All outdoor light fixtures and illuminated signs shall be designed, located, installed and directed in such a manner as to prevent light trespass beyond the property line, and light above a ninety-degree horizontal plane. If necessary, an applicant may need to provide photometric plans and/or manufacturing speCification sheets to show conformance with these standards • All nonessential lighting, including display, parking, and sign lighting, shall be turned off after business hours, leaving only the lighting necessary for site and pedestrian security, crime prevention and streetlighting. • All lighting shall be recessed and shielded to prevent off-site glare. • Site lighting shall conform to the following output standards: E. Storage: 1. All materials, supplies and equipment shall be stored in accordance with Fire Prevention Standards of the National Board of Fire Underwriters, and shall be screened from view from public ways and abutting properties. F. Waste Disposal: 1. Waste disposal shall follow state and town Board of Health regulations. 2. Storage of waste and waste facilities shall be screened from view from public ways and neighboring properties. 3. Appropriate provisions shall be made for the disposal of trash, which may include, but shall not be limited to, the provision of trash compactors within the building or on site, as well as a signed annual contract for rubbish removal. • • 4. Dumping of dumpsters shall be limited to weekdays between the hours of 7 AM and 11 PM only. Dumpsters must be fenced, gated and screened from view. G. Loading/Unloading: 1. The Planning Board may require that operations, including loading and unloading shall be limited to weekdays between the hours of 7AM and 11PM only. 2. Loading and unloading platforms and doorways specially designed for loading/unloading are prohibited on the front side of any building. H. Walkways: 1. For public convenience, a pedestrian and/or bicycle way or sidewalk system shall connect all uses on the site, and otherwise provide appropriate circulation or continuity to an existing pedestrian or bicycle circulation system. These uses include, but are not limited to residential, parking, transit, bicycling, recreation, and commercial uses. 2. Walkways and sidewalks must conform to requirements of the Americans with Disabilities Act (ADA) and the Massachusetts Architectural Access Board (MMB). 3. Sidewalks are required along all town streets. A tree belt is required adjacent to sidewalk areas. The Planning Board can waive treebelt requirements in situations where they determine that local conditions warrant. 4. The development should provide internal and/or public pedestrian connections that are direct, convenient and pleasant with appropriate amenities (e.g. attractive sidewalks and benches). I. Vehicular Access, Parking and Loading, and Shared Parking Requirements: 1. Parking shall be located to the side or rear of buildings. In no case shall parking be allowed in the treebelt adjacent to the sidewalk or within the front setback of any lot. 2. Parking spaces may be located either on or off the lot. Applicant must show proof of space, dedicated to the use, its location relative to the building, and must indicate if the space is owned or leased. 3. Buildings that do not have frontage on a street must provide access for emergency and service vehicles through the layout and design of driveways, interior service roads, or pedestrian and bicycle circulation corridors. 4. The Planning Board may allow shared parking in a mixed use development. 5. A parking study shall be required for all new structures within the District. A parking study is not required for re-use of existing structures. A formal parking study may be waived for small developments where there is established experience with the land use mix and its impact is expected to be minimal. If standard rates are not available or limited, the applicant may collect data at similar sites to establish local parking demand rates. J. Alleys: • • 1. Alleys are permitted to access parking in the rear of structures, with Planning Board review. Alleys must be safe, secure and well IiI. Alleys must be paved, with a minimum width of ten (10) feel. K. Development and Design Standards: 1. Existing buildings shall be re-used for mixed use developments, where feasible, as a priority over new construction. 2. Buildings or structures that are listed or eligible for inclusion on the National Register of Historic Places and/or the Massachusetts Register of Historic Places shall be converted, constructed, reconstructed, restored or altered to maintain or promote the status of the building or structure on, or eligibility for inclusion on the State or National Register of Historic Places. L. Signs: 1. Signs shall conform to the existing ordinances of the Town of Agawam in s. 180-75 through s.180-89. 2. Permitted signs include: signs located within the sign band on building facades; awning signs; hanging signs projecting from building facades; window signs and un-moveable free- standing signs. 3. Temporary signs permitted include: political signs; special events signs; and for sale or for lease signs. 4. Prohibited signs include: flashing signs; roof signs; moveable signs; internally lit plastiC signs. 5. Each business may display not more than two permanent signs. 6. Sign materials should be durable and easy to maintain. Signs may be constructed of wood, metal, stone, gold leaf, glass, canvas, stained glass or encased in a wooden frame. 7. Sign illumination may include external white light illumination, provided it is shaded from view off the premises, and neon. 8. Sign size: Signs may not exceed sixteen square feet in area. 9. Sign height: Free-standing pole signs shall have a maximum height of ten feet; other free- standing signs shall have a maximum height of four feet. M. Landscaping Requirements: 1. Screening of mechanical equipment, trash, and loading areas shall be provided through the use of walls, fences, and/or dense, evergreen plant materials. 2. The landscaped perimeter area shall have a minimum width of at least five feet, and can consist of tree planters, brick pavers, and benches. 3. Landscaping shall be provided for driveways and other vehicular use areas to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular traffic. 4. Interior parking areas shall be landscaped with sufficient shade trees to provide 50% shade within fifteen (15) years of installation. 5. Completion of the landscaping requirements may be postponed due to seasonal weather conditions for a period not to exceed six (6) months from the time of project completion. • • N. Green Infrastructure and Storrnwater Runoff 1. To the extent feasible, Mixed Use Development projects shall recharge all stormwater on site. The use of green infrastructure strategies for stormwater recharge, such as permeable pavements, tree box filters, green streets, rain gardens, stormwater infiltration basins and green roofs, are strongly encouraged. Applicants' site plans shall indicate how the proposed development addresses green infrastructure and stormwater recharge. O. Maintenance of Landscaping and Screening: 1. All landscaping and screening shall be maintained by the property owner. 2. Landscaping and screening plant materials shall not encroach on the public walkways or roadways in a way that impedes pedestrian or vehicular traffic or visibility. 3. Shrubs or trees that die shall be replaced within one growing season. P. Appearance/Architectural Design 1. Architectural design shall be compatible with the historic character and scale of buildings in the neighborhood and the Town of Agawam through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. 2. In making its decision, the Planning Board may consider whether the building design is compatible with the following design guidelines: a. Exterior facades are faced with stone or brick, or clapboards of wood, aluminum or vinyl; b. Exterior facade treatment is compatible on all sides visible from a public way or parking lot; c. Facades facing town streets have windows facing the street. 3. Variations in architectural detail, form and siting shall be used to provide visual interest and avoid monotony. 4. Existing buildings subject to reconstruction or rehabilitation and proposed buildings shall be compatible with the historic character and scale of contiguous buildings within the immediate neighborhood vicinity. 5. Proposed buildings should relate harmoniously to each other. 6. Buildings shall be designed so that retail, restaurant, and personal service establishments are strongly encouraged to be located on the ground or below grade building levels. 7. The entire building fa~ade must be oriented to front and side street property lines and must be located within ten feet of such property lines, with sidewalks in front of buildings. 8. Public open spaces, such as plazas and pocket parks, are encouraged within the development; Q. Outdoor Dining 1. Outdoor dining shall be permitted by right, as an accessory use for any restaurant use, and must comply with the following standards: • • a.Alcohol may be served to and consumed by patrons in outdoor dining areas, provided that all necessary licenses are acquired. These licenses are to be gathered through the Liquor Commission, the Building Department and the Board of Health. b.The hours of operation of outdoor dining areas may be equal to or less than the hours of operation of the main restaurant. Dining areas which abut residential areas must end outdoor dining and seating by 11 pm. c. Litter must be cleaned up regularly. 181-145 Optional Affordable Housing Bonus A. A density bonus may be provided by the Planning Board, in return for provision of affordable housing, if the following criteria are met: 1. At least ten (10%) percent of the total dwelling units in a mixed use development may be deSignated as affordable housing. Affordable housing will be defined as those residential units affordable to a household earning up to eighty percent (80%) of the median income in Agawam's statistical area. 2. The affordable housing units shall include resale, lease or rental controls that will ensure continued affordability by future low and moderate income households. Deed restrictions or similar devices shall be used to limit future sale or rental prices for these purposes. 3. The affordable units may be located in an existing structure if their construction constitutes a net increase in the number of dwelling units in the development. B. The Planning Board shall determine the density bonus, which may consist of both of the following: 1. An increase in building height to a maximum of 4 stories; 2. An increase in lot coverage to a maximum of 95%. 181-146 Mixed Use Business C District Location A. This district includes the properties listed below. I November 7, 2013 AGAWAM ADVmTISm NFIVS Page 17 RAMOS RECOGNIZED Turley Publications submitted photo AGAWAM -On Wednesday, Oct. 23, the Agawam High School girls soccer teams celebrated coach Justine Ramos for her 15 years of coaching at the school. Congratulations for 15 wonderful years. COLLEGE NEWS Carrington stops four shots in win DANBURY, Conn. -Westfield State men's soccer senior and Agawam resident Kris Carrington made four saves in a 3-0 win over Western Connecticut State University on Tuesday, Oct. 29. Van Ness tallies fifth of season WORCESTER -University of Massa- chusetts at Dartmouth women's soccer se- nior and Agawam resident Jillian Van Ness scored her fifth goal of the season in a 5-2 loss to Worcester State on Wednesday, Oct. 30. Shorthanded goals push Falcons to victory SPRINGFIELD -The Springfield Falcons (7-2-0-1) scored two shorthanded goals en route to a 3-2 victory over the Hartford Wolf Pack (7-3·0-2) Saturday night at the Mass- Mutual Center. With the win, the Falcons pulled to within one point of the Wolf Pack for first place in the Northeast Division with two games in hand on the nearby rival. Jake Hansen scored the first of the Fal- cons' two shorthanded goals of the night - his fourth goal of the season at the 0:42 mark of the second period -to give Springfield a 2-0 lead. For Hansen, the shorthanded goal was his third of the young season, matching a Falcons single-season record and pulling to within one of the franchise career record. The three shorthanded goals this season ranks first in the American Hockey League. Darryl Boyce added the team's second shorthanded goal at 16:24 of the third pe- riod, which gave Springfield a 3-1 lead and served as the eventual game-winner. For Boyce, it was his third goal of the season and second shorthanded, tying him for second in theAHL. Cody Bass got Lhe Falcons on lhe board just 2:20 into the first period, leading a 2- on-I rush into the offensive zone and firing a wrist shot over Harlfmd goaltender Scott Stajcer's shoulder. For Bass, the goal was his first of the season in just his second game. Stu Bickel and Danny Krista scored the Hartford goals. Jeremy Smith (4-1-1) made 22 saves on 24 shots in net for Springfield. Stajcer (1-1- 0) stopped 19 of 22 for the Wolf Pack. Neither team tallied a power-play goal. Springfield went O-for-7 on the man advan- tage, while Hartford was O-for-3. Falcons outlast Wolf Pack in shootont The Springfield Falcons (6-2-0-1) snapped their three-game losing streak and defeated the Hartford Wolf Pack (7-2-0~2), 3-2, in a shootout. Jonathan Marchessault notched the shoot- out-winning goal as he snapped a quick wrist shot past Hartford netminder Jason Missi- aen. Alex Alerardi added the other Conver- sion for Springfield, beating MIssiaen with a backhanded shot. Falcons goaltender Mike McKenna (3-1- 0) stopped four of the five Wolf Pack shoot- out attempts, along with 22 of the 24 sbots he faced through regulation and overtime. After Dylan McIlrath gave Hartford an early 1-0 lead, Lukas Sedlak evened the score at the 9:56 mark of the first period. The rookie stole the puck in the neutral zone, led a 2-on-l rush and fired a wrist shot into the back of the net. For Sedlak, the young- est player on the Springfield squad, the score was his team-leading fourth of the season. The Falcons grabbed a 2-1 lead at 9:02 of the second period when Aleardi streaked into the offensive zone and delivered a feed across the crease to Andrew Joudrey for the score. For the Falcons assistant captain, the goal was his first of the season. Hartford's Andrew Rowe scored at 17:15 of the second period to even the score at 2-2. Rowe was the only member of the Wolf Pack to convert in the shootout. Missiaen (2-1-1) made 32 saves on 34 shots in 65 minutes in net, but allowed two of four shootout attempts past him. Falcons fall to Phantoms The Falcons were defeated by the Adiron- dack Phantoms, 2-1, at the Glens Falls Civic Center Wednesday nighl. Special teams played a major role in the contest, as both of Adirondack's goal were score on the power play -a Kris Newbury tally at 15:03 of the second period and a Chris VandeVelde tally at 12:24 of Lbe third period. Adirondack was 2-for-5 with the man ad- vantage, while the Falcons went O-for-6 on the power play. Springfield cut the deficit in half at 13: II of the third period when Lukas Sedlak bur- ied a loose puck into the back of the net. For the rookie Sedlak, the score was his third of the season, tying him with lake Hansen for the team lead. With under a minute left in regulation and the Springfield net empty, the Falcons worked on a 6-on-4 advantage after a Bruno Gervais slashing minor. Patrick McNeill's slap shot from the high slot rang off the post, and the Falcons were unable to even the score late. Jeremy Smith (3-1-1) stopped 28 of the 30 shots he faced in net for Springfield, losing in regulation for the first time this s.eason. Adirondack netminder Cal Heeter (2-2·0) made 27 saves on 28 shots. Church News DEATH NOTICES & SERVICES Yacteen, Nawal Died Oct. 30, 2013 Private Burial Young, Gary G. Died Oct. 22, 2013 Private Services Nardi, Evelyn M. Died Oct. 28, 2013 Funeral Nov. 1, 2013 Agawam Funeral Home st. John's Travelers announces upcoming trips Sl. John's Travelers has announced the following upcom- . ing trips, which are open to the public. Feb. 7-9: The Winter Carnival Festival in Quebec City, Canada. Accommodations at the Four-Star Hilton in Quebec City. Cost is $465 per person (double occupancy); $455 per per- son (triple occupancy); $655 per person (single occupancy). A $100 deposit is required by Dec. 1, with the balance due Jan.7. The bus departs at 7 a.m. from St. John's Church, 833 Main St., Agawam and will return at approximately 8 p.m. *** Feb. 18-20: "Dream Lovers" at the Taj Mahal (Eva Tereso and Jimmy Mazz as Connie Francis and Bobby Darin) on the boardwalk in Atlantic City, N.J. Two nights accommodations at the Taj Mahal and a $60 slot bonus. Cost is $189 per person (double occupancy); $184 per per- son (triple occupancy) $289 per person (single occupancy). A $50 deposit is required by Dec, 15, with the balance due Jan. 15. The bus will depart at 7:30 a.m. from St. John's Church, 833 Main St., Agawam and will return at approximately 8 a.m. For infonnation and reservations on the above trips, call Emile Cote at 335-9440, St. John's to host holiday bazaar The St. John's Holiday Bazaar will be held Saturday, Nov. 23 from 9 a.m. until 3 p.m. in the Parish Center. The bazaar will feature Christmas wreaths and decorations in addition to a baked goods booth, candy booth, St. John's famous jewelry booth, and Attic Treasures booth. There will be books for young and old alike, toys, bountiful baskets and raffles and for the hungry shoppers, a snack bar. Santa will also be there and available for pictures. The public is invited. Agawam Advertiser News Obituary Policy Turley Publications offers two types of obituaries. One is a free, brief Death Notice listing the name of deceased, date of death and funeral date and place . The other is a Paid Obituary, (osting $50, which allows families to publish extended death notice information oltheir own choice and may include a photograph. Death Notices Be Paid Obituaries should be submitted through a funeral home to: obits@turley.com. Exceptions will be made only when the family provides a death certificate and must be pre,paid. - - - • - - PagelS Legal Notices SALE OF REAL ESTATE UNDER MASS. G. L. c. 183A § (; PROPERTY ADDRESS: 140G Autumn St., Agawam, Mass. 01001 By virtue of Judgment and Order of Sale of the Westfield District Court (Docket No. 1344CV111) in favor of Trustees of the Overlook Town House Condominium Association against Ruby Perakis, Antonia Perakis and Bank of America establishing a lien pursuant to Mass. G. L c. 183A § 6 on the real estate known as Unit 1400 of the Overlook Town House Condominium for the pur- pose of satisfying such lien, the real estate will be sold at Public Auction at 11:00 A.M. on November 26. 2013 at the premises. The premises to be sold is more particularly described as follows: Certain real estate situ- ated in Agawam, Hampden County, Massachusetts, described as follows: Unit 140G in Building No. 140 (the "Unit") in Overlook Town House Condominiums (the "Condominium") in Agawam, Hampden County, Massachusetts, a condomin- ium established pursuant to and subject to the provision of Massachusetts General Laws Chapter 183A, created by Master Deed (the "Master Deed") dated October 30. 1979 and recorded on Octo- ber 30. 1979 in the Hampden County Registry of Deeds at Book 4856, Page 38 as amended in Book 5D30, Page 208, The Unit is more particularly described in the Master Deed and the PJans recorded therewith in the Hampden County Registry of Deeds at Plan Book 187. Pages 84-91. The Unit con- tains approximately 1058 square fe.et, and the post office address of the unit is 140G Autumn Street. Aga- wam, Massachusetts. The Unit is conveyed together with an undivided 3.33 per- centage interest in the com- mon areas and facilities of the Condominium, as des- cribed in the Master Deed. Subject to pole and line rights easements of record. The Unit is conveyed subject to and with the ben- efits of all easements, rights, reservations, restrictions, agreements and provisions contained in the Master Deed and the By-Laws recorded therewith, and the Rules and Regulations from time to time promulgated there- under as authorized therein, including without limitation the restrictions set forth in the Master Deed that the Unit may be used only as a dwelling for one family or two persons unrelated by blood and marriage and that no business activities of any nature may be conducted in the Unit, except as provided therein. The provisions of the Master Deed and the Plans and By-Laws recorded there- with, as amended from time to time, are hereby incorpo- rated by reference and con- stitute covenants running with the land and are and shall remain upon any per- son or persons having at any time any jnterest or estate in the Unit and person claiming through or under them. This conveyance is also made subject to and with the benefit of the provisions of Massachusetts General Laws Chapter l83A as now in force and as from time to time amended. Title to the Unit is based on deed recorded in Hamp- den Registry of Deeds in Book 14237. Page 119. Said premises will be sold and conveyed subject to all unpaid taxes, tax titles, water and sewer assessments, municipal liens and assess- ments, if any, which take pre- cedence over the lien above described. Said premises will also be sold and con- veyed subject to prior liens or other enforceable encum- brances of record entitled to priority over the lien above described, and subject to and with the benefits of all easements, restrictions, res- ervations and conditions of record, if any, insofar as such are in force and applicable. Said premises will also be sold subject to an leases and tenancies and rights of per- sons now and at the time of sale in possession or occu- pancy of the premises, and subject to all rights or claims in personaJ property installed by tenants or former tenants now located on the premises, belongipg to said tenants or occupants. Said premises are also sold subject to any and aU laws and ordinances, including (but not limited to) all building codes, state sani- tary code, and zoning by- laws and/or ordinances and any other Federal, State or lOCal statutes, regulations and rules. The premises are sold "as is" and no representations or warranties are made by the undersigned. TERMS OF SALE: Five Thousand Dollars ($5.000) will be required to be paid in cash or by certified· check or bank cashier's check by the purchaser at the time and place of the sale. The bal- ance of the purchase price shall be paid in cash or by certified check or by bank cashier's check, and the deed delivered at the clos- ing, which shall beheld at the Law Office of Michael J. Serduck. 256 North Pleasant St.. PO. BOX 626. Amherst. Massachusetts 0 I 004, at 9:00 A.M. on the 14th day fol- lowing the foreclosure sale, time being of essence. The purchaser shall be respon- sible for all closing costs, Massachusetts deed excise tax, all other taxes and all recording fees. The purchas- er will be responsible for all AGAWAM ADVfRJISDlNIWS NfJlltmlber 7, 2013 condominium fees accruing after November 26, 2013. If purchaser fails to purchase said unit without good cause, the deposit shall be retained as liquidated damages by the JienhoJder. This sale may be post- poned or adjourned from time to time, jf necessary. by the attorney for the under- signed at the scheduled time and place of the sale. The successful bidder shall be required to sign a Memorandum of Sale con- taining the above terms at the auction sale. Other terms, if any, will be announced at the sale. Lienholder (Trustees of the Overlook Townhouse Condominium Association) By Michael J. Serduck Attorney for Lienholder 256 North Pleasant SI. P.O. BOX 626 Amherst. Mass. 0 I 004 (413) 253-5761 Dated: October 23. 2013 10131.1117 .11114113 AGAWAM ZONING BOARD OF APPEALS LEGAL ADVERTISEMENT October 22, 2013 Notice is hereby given that the Agawam Zoning Board of Appeals will hold a public hearing at the Aga- wam Public Library Com- munity Room, 750 Cooper Street, Agawam, MA on Monday, November 25, 2013 at 6:45 PM for all par- ties interested in the appeal of Salmar Realty. Inc .• which is seeking a Special Permit in accordance with Section 180- 71 of the Zoning Ordinances which would allow for the construction of a "Dunkin Donuts" restaurant on land found to lie within the flood- plain at the premises identi- fled as 385-389 Main Street. Doreen Prouty Chairperson Agawam Board of Appeals 1117.11114/13 AGAWAM ZONING BOARD OF APPEALS LEGAL ADVERTlSEMENT October 22, 2013 Notice is hereby given that the Agawam Zoning Board of Appeals will hold a public hearing at the Aga- wam Public Library Com- munity Room, 750 Cooper Street. Agawam, MA on Monday, November 25, 2013 at 6:30 PM for all par- ties interested in the appeal of Dmitry Ivanov, who is seeking a Special Permit in accordance with Section 180- 7, Paragraph H of the Zoning Ordinances which would allow for the construction of a single family dwel1ing at the premises identified as 70 Bailey Street. Doreen Prouty Chairperson Agawam Board of Appeals 1117.11/14/13 LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD Please check the accuracy of your legal notice prior to submis- sion (i.e., date, time, spelling). Also, be sure the requested publication date coincides with the purpose of the notice, or as the law demands. Thank you. The Agawam Planning Board will hold a public hearing on Thursday, Nov- ember 21, 2013 at 7:30 PM in the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of the. Agawam Planning Board on a pro- posed zoning amendment to Section 180 of the Agawam Zoning Ordinance by adding a new district entitled "Mixed Use Business C District." A copy of the proposal can be obtained from the Agawam Planning Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Han, 36 Main Street, Agawam,MA. BY ORDER OF: Travis P. Ward, Chainnan Agawam Planning Board 1117.llfI4f13 AGAWAM ZONING BOARD OF APPEALS LEGAL ADVERTlSEMENT October 22, 2013 Notice is hereby given that the Agawam Zoning Board of Appeals will hold a public hearing at the Aga- wam Public Library Com- munity Room, 750 Cooper Street, Agawam. MA on Monday, November 25, 2013 at 7:00PM for all par- ties interested in the appeal of Salmar Realty, Inc., which is seeking a Special Permit in accordance with Section 180-44, Paragraph H of the Zoning Ordinances which would allow for a drive-thru service window at the prem- ises identified as 385-389 Main Street. Doreen Prouty Chairperson Agawam Board of Appeals 1117,11114/13 Commonwealth of Massachusetts The Trial Court Probate and Family Court Hampden Division 50 State Street Springfield, MA 01103 (413)748-8600 Estate of: Linda Anne Bovat Also Known As: Linda Bovat Date of Death: April 25, 2013 INFORMAL PROBATE PUBLICATION NOTICE To all persons interested in the above captioned estate, by Petition of Petitioner Carl V. Fransqueza of Feeding Hills MA Petitioner Karen M. Brown of Feeding Hills .MA a Will has been admitted to informal probate. Carl V. Franqueza of Feeding Hills MA Karen M. Brown of Feeding Hills MA has been informally appointed as the Persona1 Representative of the estate to serve without surety on the bond. The estate is being administered under informal procedure by the Personal Representative under the Massachusetts Uniform Pro- bate Code without supervi- sion by the Court. Inventory and accounts are not required to be -filed with the Court, but interested parties are entitled to notice regard- ing the administration from the Personal Representative and can petition the Court in any matter relating to the estate, including distribu- tion of assets and expenses of administration. Interested parties are entitled to peti- tion the Court to institute formal proceedings and to obtain orders terminating or restricting the powers of Personal Represent~tives appOinted ·under informal procedure. A copy of the Peti- tion and Will, if any. can be obtained from the Petitioner. 1117113 Commonwealth of Massachusetts Tbe Trial Court Probate and Family Court Hampden Division 50 State Street Springfield, MA 01103 (413)748-8600 Docket No. HD13P2094EA Estate of: Helen Katherine Cooley Also Known As: Helen Cooley and Helen K. Cooley Date of Death: September 28, 2013 INFORMAL PROBATE PUBLICATION NOTICE To all persons interes-ted in the above captioned est- ate, by Petition of Petitioner George H. Cooley of South- ampton MA. a Will.has been admitted to informal probate. The estate is being administered under informal procedure by the Personal Representative. under the Massachusetts Uniform Pro- bate Code without supervi- sion by the Court. Inventory and accounts are not required to be filed with the Court, but interested parties are entitled to notice regard- ing the administration from the Personal Representative and can petition the Court in any matter relating to the estate, including distribu- tion of assets and expenses of administration. Interested parties are entitled to petition the Court to institute fonnal proceedings and to obtain orders terminating or restrict- ing the powers of Personal Representatives appointed under infonnal procedure. A copy of the Petition and Wi11, if any, can be obtained from the Petitioner. Pellegrini. Seeley, Ryan & Blakesley. Pc. Attorney Phyllis P. Ryan 85 Main SI. -Suite 308 North Adams, MA 01247-3401 1117113 AGAWAM CONSERVATION COMMISSION LEGAL AD The Agawam Conserva- tion Commission will meet on Thursday, November 14, 2013 at 6:35 PM at the Agawam Public Library, 750 Cooper Street, Agawam, Mass. The purpose of thi~ meeting will be to hear the Request for Detennination of Applicability of Interpartolo for property located at 164 Southwick Street.. ' By Order of Henry A. Kozloski, Chairman Agawam Conservation Commission 1117113 LEGAL NOTICE PUBLIC HEARING AGAWAM CITY COUNCIL The Agawam City Coun- cil will hold a public hear- ing on Monday, December 2, 2013 at 7:00 P.M. at the Roberta G. Doering School, 68 Main Street, Agawam, MA. The purpose of this hearing will be to hear the Petition of John Conte and Louis Conte. 661 Barry Street as prepared by R. Levesque Associates, Inc. for a pro- posed Zone Change Plan for Parcel H 13 8 18 on Sheri Lane, Feeding Hills. The Zone Change request is to Change from Business A and Agricultural to Business A. A copy of the proposed Zone Change can be obtained from the Agawam Planning Office or the Agawam City Clerk's Office between the hours of 8:30 A.M. and 4:30 P.M. in . the Agawam City Hall, 36 Main Street, Agawam, MA. BY ORDER OF: Christopber C. Johnson City Council President 1117113 LEGAL AD AGAWAM CONSERVATION COMMISSION The Agawam Conserva- tion Commission will hold a public hearing on Thursday, November 14, 2013 at 6:40 PM. at the Agawam Public Library. 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of Russo for work to be performed on Corey Street subject to the Massachusetts Wetlands Protection Act. By Order of Henry A. Kozloski, Chairman Agawam Conservation Commission 1117113 AGAWAM CONSERVATION COMMISSION LEGAL AD The Agawam Conserva- tion Commission will meet on Thursday, November 14, 2013 at 6:30 PM at the Agawam Public Library, 750 Cooper Street, Agawam, Mass. The purpose of this meeting will be to hear the Request for Determination of Applicability of Stop & Shop Supermarket Co. for property located at 1282 Springfield Street. By Order of Henry A. Kozloski, Chainnan Agawam Conservation Commission 1117113 In cities and towns throughout the nation businesses still reach the largest audience possible by placing ads in their local newspaper. When you need cost -effective market reach and real results, f(Jlllllllmily llen',~/lafJers tlelivcr! t • LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD • The Agawam Planning Board will hold a public hearing on Thursday, November 21,2013 at 7:30 PM in the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of the Agawam Planning Board on a proposed zoning amendment to Section 180 of the Agawam Zoning Ordinance by adding a new district entitled "Mixed Use Business C District". A copy of the proposal can be obtained from the Agawam Planning Office between the hours of8:30 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 1117/13 & 11/14/13) Cc: Planning Boards in: Westfield West Springfield Suffield Southwick Springfield Pioneer Valley Planning Commission Dept. of Housing & Community Development, Boston • • Item 9. Public Hearings 1. PH-2013-16 (TOR-2013-8) -An Ordinance to Amend the Code of the Town of Agawam Zoning Ordinances §180; Mixed Use Business District (Public Hearing continued 12116113) (Tabled 12116/13) (Referred to Joint Council Workshop with PB) President Johnson -The Public Hearing was continued from our December 16th meeting and the item was tabled at our December 16th meeting. Is there a Motion to take the item off the table? Moved by Councilor Rossi, seconded by Councilor Perry. All in favor of taking the item off the table say Ay, any opposed? At this point, the Public Hearing is still open. The Chair would ask 12 if there's anyone in the audience who wishes to come forward and speak in favor of TOR-2013- 8? Corinne Wingard -Good evening. My name is Corinne Wingard. I live at 194 Elm Street in Agawam. I'm here because I feel there's just no down side to passing this Ordinance to create a new mixed use Business C zoning district. We would lose nothing. Nothing bad can happen if we pass this but there would be tremendous positives through the town. I think there's five main ways that this is good for the town and the first and most important way is it would help solve the Games & Lanes problem. Under the current zoning, there are very few uses for that property. Under the new zoning, there would be, it would allow more options and more uses so that it makes it more attractive to a potential buyer cuz they have more options of what they can do with the property. It would also send a positive message to businesses and it would create a more attractive gateway to our town. It would increase the supply and variety of market rate apartment type housing especially for young professionals and seniors and it would again importantly make us eligible to get infrastructure funding from the state. So I was going to go like this 1, 2, 3,4,5 and 5 is thumbs up but I'm not that coordinated but I would hope you give a thumbs up because this is a terrific opportunity. Thank you very much. President Johnson -Thank you. Anyone else wishing to speak in favor of the mixed use? Ed Borgatti -Hi. My name is Ed Borgatti, 135 Franklin Street. Forgive me, I didn't plan on speaking tonight so I might be a little bit ali over the place but I just want to say I'm 100"'{' for the • • zone change. I just think it's way down the road. I think you have a lot more issues there than worrying about a zone change. First of all a fence maybe would work if you don't have anything immediate maybe some basic cleanup of the property. How you make that happen? That's your job but it needs to be cleaned up. It's an embarrassment. I have people tell me it's an embarrassment and I get upset talking about it. So if a fence going up would be a huge plus for the area to start. I don't think it's a lot to ask for as far as saying that that's people's livelihood to have that parking lot, that is absolutely absurd. The livelihood of those businesses relies on gelling rid of that building not worried about what people are parking there or not. That's just the most unbelievable thing I've ever heard and as far as making a Northampton area, we're signing ten year leases with Dollar Stores and Salvation Armies, you'll never see a Northampton type environment there. First of all, if you want quality retail there you've golla do something about that Sullivan Bridge. You've golla widen it, you've golla get on that. I know there was discussion of that at one time but that needs to be addressed again and somebody needs to get on it because that needs to be opened up so people can come in to Agawam. In defense of people who don't want retail or Whatever, it is true that there's a certain non-quality retail that you're just not gonna get because it's just not accessible and I know a lot of you know that but opening that Sullivan Bridge would be huge. Also, the contamination issue, to use that as an excuse it's just absurd, I am for the mixed use zoning but I think it should be held off so you put your feet to the fire that makes you have to clean that area up. Don't put a feather in the cap and say, I know a lot of you grew up here, I grew up here, I went to school here and please, step outside the box and look at the area from somebody who grew up in Agawam. Understand how bad it is. Main Street's looking good, Feeding Hills looks good, what is the problem down there? There's golla be something that can be done. Don't be told that you can't do anything and then change it to mixed use and look like there's a feather in the cap saying oh we're making a change - you're not making a change until it gets cleaned up. It needs immediate cleaning! I'm ready to go over there with a truck, I know I talked to Jimmy, going over there with a truck and making dump runs • • myself and kudos to like Gina and Bob Rossi that spoke up and actually said that needs to be cleaned up first. It absolutely needs to be cleaned up first. If you want to vote for your zone change tonight fine but if you don't clean it up, that's the sad part. It really, really needs to be 13 cleaned up. Let me just make sure I covered everything. I think I did. Alright, I think I'm good but I really just want it to get cleaned up because I really get a lot of people, I hear a lot of people, I think I give a lot back to the community. I'm not trying to toot my own horn but in the last two years, we gave back $17,000 to this local community to all the sports team and everything just doing our give back Mondays. I need to have a vibrant area there to continue to do my business. We're doing great, I'm not denying that but I'm working hard because it's not, I don't have a business where people are driving by and popping in, it has to be a destination and we had to promote it that way to make it a destination because we certainly don't have any traffic driving by. So if you think it's easy to do business down there go look around at what's come and gone, just in the last two years, so we work hard down there. I know that Letellian Jewelers, Rene over at Hair & Co., we've all been there for twenty-five years and we work at it and we have a cafe down there now doing great. She's awesome but she complains also that you're just looking at that place every single day and I go in that cafe and she looks right at it and it's just so frustrating. Please get it cleaned up. Please. Thank you. President Johnson -Thank you. Anyone else wishing to speak in favor of the mixed use business district? Seeing none, anyone wishing to speak in opposition to the mixed use business district? Anyone wishing to be recorded in name only in favor of the mixed use business district? Seeing none, anyone wishing to be recorded in name only in opposition? Seeing none, I hearby . close the Public Hearing. We have before us TOR-2013-8. I'm not sure if back in December we had a Motion to approve it or not, so the Chair would entertain a Motion to approve. Motion made by Councilor Cavallo, seconded by Councilor Bitzas. This is an Ordinance amendment and requires two readings so this would be to approve the first of the two readings. Questions or discussion on -Councilor Rossi? • • Councilor Rossi -Thank you. The Walnut Street Shopping Center I have given a great deal of consideration and thought on this to the point where I've even woken up a couple times early and that's totally unacceptable to me. Listening to Mr. Borgatti speak over there, he hit a few nails right on the head. To promote a zone change at this point in time would be a huge, huge mistake. A zone change isn't gonna solve the problems down there. When you touched on the volumes of traffic over at the Sullivan Bridge, that's only the spear of the iceberg, of the sword, you have to look at the volumes of traffic coming down Springfield Street, congestion on the intersection down there. You have to look at the volumes of traffic on Suffield Street and the egress and access that they have in that they have in that area. You have to look at the way that shopping center is set up. Whoever planned that thing and developed that thing had absolutely no vision whatsoever, totally no viSion, that is not a shopping center. When Ed Borgatti said that his store is a destination, that's exactly the way that thing was developed. That is nothing more than three small strip malls, strip centers, with no coherence whatsoever. The only thing that they have in common is the proximity to one another. If you want to get that thing done, if you want to get that shopping center vibrant again, because it has been vulnerable since the day it has begun and over the years, through all of the further growth and the inability of Agawam to stay competitive, we've lost a great deal down there. We used to have the Food Mart to draw a lot of traffic down there, destination traffic, Zayre's -destination, every store that was down there even if you went to those anchor stores, no one would ever park over there and look, they wouldn't, if you walk out of Dave's Pet Food City and you say to your partner, your wife or whoever you may be with, what do you say we get something to eat, you can't even see his building from there! People will be talking about going someplace else to get something to eat when you got a fine establishment right there in the same shopping center but they would never see it. If you want to get that place . cleaned up the first thing you need to do is you need to get that building out of there, you need to tear that building down and bulldoze it so you never even knew it was there, that's the first thing. • • The second thing you need to do is you need to partner with Mass Highway because the only way 14 you're ever gonna get traffic into that place and have pedestrian accessibility is to partner with Mass Highway. You have to restructure the interior, the flowing of the traffic on the inside, we talked about at one time making part of that one way to come in and go out and have exits out towards the hill and out towards Suffield Street and have entrance only off of Springfield Street, all of those things have to be considered and another thing that you really need down there and it's desperately needed it over the years is you gotta have a Merchants Association or an Owners Association so everybody can get together and get on one page and fix those facades up, maybe put some awnings up, maybe talk about putting some industrial, that goes with one another that entices someone to shop, for someone to stay in the area. Those are all problems that have to be looked at and I'm gonna tell you something, mixed zoning isn't the answer for that, not now not ever will be the answer for that. Maybe in a suburban setting mixed zoning probably would go well because they were forced in that years ago, that's the way we were brought up, that's the our . society developed through mixed zoning, where people lived above the storefronts and they walked across the street to the mills, that's not a trend here for Agawam, a suburban community, that's not the way, we're not looking for residential, is that what we're looking for? Apartments above those buildings? You want to put mixed retail and mixed commercial, that's fine, but we don't need rentals up there, but I'm getting away from the subject, the point I'm trying to make is this, mixed zoning isn't the answer. It's not going to be the answer right now and if we go ahead and create a zoning, a district for mixed zoning, all we're going to do now is further complicate an already over-burdened zoning that we have in this community right now and I don't think there's anybody on this panel right now that doesn't agree that we've got some very serious problems in our zoning laws and this is just gonna further complicate it because if we pass this, it's not gonna stay with the Food Mart area, it can go anywhere in the community, it's a by right. Any development you want to make in the Games & Lanes area, you don't need a zone change to • • do, you really don't. This City Council and this Planning Department can get together, put their heads together and come up with anything that we need necessary to get a viable building in there or make it a park, I don't care, make it whatever you want to do with it but mixed zoning is not the answer and if this Council goes ahead and makes it right now, it's a huge, huge mistake. Get rid of that building and let's partner up with some other organizations and start making some real progress down there. President Johnson -Councilor Calabrese, then Councilor Bitzas? Councilor Calabrese -Okay, yeah what Mr. Borgatti and Councilor Rossi here have been saying here tonight make so much sense. I've really been mulling this one over a lot and I've gotta tell you I've been kind of going back and forth, yes, no, yes, no, some things about it I really like, other things I'm thinking is it really necessary? But for me it's coming down to a matter of priority and priority number one has got to be doing something with that Games & Lanes, I mean it's been sitting down there like a hulking heap for years. I can remember having my son's kindergarten birthday party there, well the kid's now in college and that fire happened shortly after his birthday so I mean it's ridiculous. While I was inclined to favor this mixed use zoning, I think it's too soon, I think it's moving in the right direction but not at the right time, so I'm actually going to be voting no tonight even though I kind of like the concept of what's going on here only because we've really gotta put pressure on getting that Games & Lanes property cleaned up so that the businesses down there on Walnut Street Ext. can have a neighborhood that they can be proud of again. I mean they've already got wonderful businesses that they're proud of, they deserve to have a decent surrounding in which to do business. Thank you. President Johnson -Councilor Bitzas? 15 Councilor Bitzas -Yes, Mr. President, I don't know if you Councilors went through all this information that we got and all the positives that would come with the mixed zoning. I don't think any businesses are against that, the only problem he said is to clear the zoning, the old building which I agree with you should be as soon as possible but if we don't do this, the mixed zone change, that would delay it a lot longer and that area would be more depressed for years and • • years to come. This is to be a saver for that area. This is to be a concept, I can see it, so people go there and walk around with sidewalks and pedestrians and cafes and shops, being the New England character of the town, to be a destination point, to have every single restaurant there or every single businesses and we attract more businesses and if pass this mixed zone, it's a great opportunity now, we expedite Games & Lanes property for somebody to get it and use it, even as a parking lot to ma.ke a park in there or something, you make money for them so this is, my opinion, it is avery, very plus and I think if you agree and you say yes, I agree we like this but we wait, you don't do us a favor and you don't do a favor to the town too. That area is so bad, needs something and if instead, if you bring a quality development, more quality developments will come. Agawam is a beautiful, beautiful town to live and raise our families, if we have something attractive there, the people of Agawam we would patronize, they'd be there with the kids, with the carriages, go around, socialize, have gardens, walks, this is two examples in the South Hadley village and it said the Village Commons is an outstanding example of mixed use development in South Hadley center which includes retail shops and restaurants, a movie theater as well as ... component, it is designed to fit compactly all the small site and town commons and well defined street lined, pedestrian friendly features and parking in the back. Then we have another one, I'm not going to read everything, ... Commons in Amherst with the same idea. It is absolutely, we should go with all this information that we have and I believe Mr. President, we had a workshop and I believe we had a great presentation from the Planner and I would like to see somebody for the record to say to the people, what the workshop was, make some report, unfortunately I was not there, I was working late, but somebody should make some report about the presentation. We make a big mistake, if you really want to see that area developed and be nice to help all the surrounding businesses and community, we have to make the first step to the right direction, one step forwards not stop and go backwards for many, many years to be there. Thank you. President Johnson -Councilor Rheault, then Mineo? Councilor Rheault -Yeah, well, if you want somebody that was at the workshop, I was there • • and I didn't hear an awful lot that really turned me on. I think that the comments by Shelley and Ed and Councilor Rossi are very valid. I think it would be a serious mistake to change the zoning and then leave the eyesore there. The real problem is Games & Lanes. You've got to get that out of there. Unfortunately, the Mayor is not gonna step in and get involved. He wants no part to it so it's up to this Council to do something with regards to it. What that answer is I don't know yet but we've got to put our heads together. As far as comparing it to South Hadley and to Amherst, those are college towns; we've got a different total atmosphere. Look across the street from our shopping center and what do we got? The Agawam Motor Lodge and Medallion across the street? So and the widening of that bridge is on the plans so it would be incumbent on us to get together with Mass and straighten that out because that's the gateway really into the town. Passing this zone change is not the answer. We've heard this language about ten years ago on property out on Corey Street and it hasn't changed and there's been nothing done there and there's been nothing done on the shopping center so if we're gonna really do something, we've got to start talking and take some action. President Johnson -Councilor Mineo? 16 Councilor Mineo -My opinion is I think we've got to start somewhere and I believe passing this tonight, I thought we were going to be eligible for some type of grants down there. President Johnson -Yes, that is my understanding too. Councilor Mineo -So if you vote against it, then we're not looking to get any grants so I mean I think it's a positive and I understand about putting the cart before the horse but I mean I think we've got to start somewhere. I understand Mr. Borgatti's point; I certainly would not want to own a business across the street from that. It's terrible. I'm surprised that, I don't know how long, it's got to be over ten years that Games & Lanes has been out of there and I can't believe that we can't do anything about it to make any type of improvements down there but I think passing this, if we can get some type of grants, I think we're moving in a positive direction and I mean like I said, I think we've got to start somewhere. President Johnson -Councilor Cavallo? Councilor Cavallo -Yeah, maybe some of you, I don't know if you're familiar with the Millis in • • Ludlow and I believe the same group when we had that little piece of land where they finally put that solar farm was it WestMass, Mr. President, or they come in, yeah, they started renovating there. They have Health South is one of the big anchors but they have a building that there basically is there and they're renovating it and it's mixed development, they're gonna have stores, there are gonna be some apartments there and so forth and as I said before at the last meeting when I went to Connecticut, it was a golf course that went bankrupt and it was purchased and it was open space and it was very simple, easy, to get the people in there and build of course a mixed development property. But I agree with, and again I had my thoughts about it too because at the workshop all we heard was that the town is not gonna take responsibility for Games & Lanes. The developer or the owner of that building was there and he said he had put a million dollars into the property already to clean it up and there's more that has to be done and frankly, I don't know where the money would come from but I think the town would be absorbing a lot of debt and liability if they did purchase the property based on what I heard at the workshop. So again, Mr. Borgatti is correct, I agree that we've got to get rid of Games & Lanes before you can really revitalize that property, there's no question about it. And then when we were on the Casino Committee, we were told that DOT and a couple of you went to that same hearing and they were there and they said we're gonna have to do something with the bridge to get the traffic into the Big E grounds but then I read in the paper a couple of weeks ago, the DOT has already come up with their budget over the next couple years and they're gonna take care of the Viaduct in Springfield on Route 91 and they're spending all this money now and that's it, I don't know how much money is gonna be available to take care of the Sullivan Bridge so you really in a Catch 22 situation here but again, I'm inclined to go along with a couple of the councilors that spoke this evening and I think it should be put on hold before we can do something with the property at Games & Lanes and once that's rectified then certainly it's something we can reexamine in the future. Thank you. President Johnson -Stepping from the Chair, I'm confused by some of the comments that I've • • heard. First I believe Mr. Borgatti spoke in favor of the zone change, not in opposition to the zone change. With all due respect, I share Mr. Borgatti and many of the councilors' frustration regarding the Games & Lanes property but that's not what this is about, with all due respect. Th is is about changing the underlying zoning on that district. Why doesn't it work now? Because part of that property was developed before zoning existed, another part was developed under our current zoning which was written in the 1950's which promotes strip mall development so part of the difficulty that most of those property owners face is they want to redevelop their properties, 17 they can't because they're existing non-conforming structures and as an attorney I'll tell you it's very difficult to get approval to modify existing non-conforming structures, they're very strict rules regarding that including ZBA approval and the ZBA's hands are tied relative to what percentage of the property can be redeveloped or modified. I said at the workshop that we had with the Planning Board and I firmly believe that this is step one in a three-step process and the steps I believe are we need to change the underlying zoning so that property owners there can find a way to redevelop those properties to make them more modem, we need to as a community develop a Master Plan for the public spaces in that district and certainly, what most of the people think is the top priority is, we need to deal with the Games & Lanes property. I met with the Mayor this afternoon during Agenda review and he indicated that as I suggested at the meeting last week, that he's been in contact with the PVPC -Pioneer Valley Planning Commission -on the concept of a redevelopment authority as a way to deal with the Games & Lanes property so that the liability of the town would be limited if the property was ultimately owned by the redevelopment authOrity and then there's a whole host of grants available to redevelopment authorities to just do that -redevelop the property. But again, we can't change the Mayor's mind relative to what he feels his position is regarding the Games & Lanes property but we shouldn't in my opinion leave the property owners who overwhelmingly support this, they all got notices in the mail from the Planning Board and from us, and not a single one showed up and said it was a ' • • bad idea, the only one that showed up is Mr. Borgatti and he spoke in favor of it. I don't get the logic of saying let's shoot it down when it's a step in the right direction. It may not be the solution. I don't think that it is the solution but it's one of the steps in the solution and it does make us eligible for state grant money according to PVPC by moving forward with mixed use development so why do what the property owners don't want us to do which is leave it lhe way it " is, fore 0 otenti ities and make it harder to deal with the Games & anes IJroblem and the overall structure. If you looked at the aerial map of that area, the proposed district, you can see the Springfield Street side was all developed in the 50's, the Food Mart plaza and such as strip development. The back part where EB's and such was developed prior to that, prior to zoning being in place, so we need to get our act together and get our zoning updated from the 1950's to this century and put in place a tool that property owners can use to make their properties better and then we have to do our part. We have to follow through and make sure we get the plan, the Master Plan, of the public spaces in that area and we have to do what Mr. Borgatti says we have to do. We have to get Games & Lanes cleaned up. It's gonna cost the taxpayers money unfortunately but the responsible vehicle, I think, to do it is with the redevelopment authOrity to limit the liability for the town and just when I say that, it's not necessarily the liability for clean up on that site, it's the potential that the plume from that contamination is spreading to adjoining properties and if the town becomes the owner of the property by way of tax title, we're not responsible to clean it up but we may potentially be liable to neighboring properties from which the contamination spreads, especially if the EPA or the DEP come in and say that it's an imminent public health hazard. Then we could be required to step in perform the clean-up but if we put it in a redevelopment authority, it would be the only asset so if someone wanted to sue, yeah you could have the worthless piece of property if you want it because that's what it is unfortunately, it's a property that the cost to remediate substantially exceeds it's fair market value. So I plead with you, the Planning Board put a tremendous amount of work into this, they spent months and months and months, please it's a step in the right direction. Stepping back into the Chair, Councilor Rossi then Councilor Calabrese, then Councilor Bitzas. Councilor Rossi -Well I certainly agree with the redevelopment authority coming in and doing • • something with the Games & Lanes but I'm gonna have to draw your attention to the early 1980's when there was an evaluation done on that shopping center, the same questions were asked in the lower 80's that are being asked today, the same problems existed then, that exist today. Those 18 people that owned those properties down there were asked if they were gonna do something with their buildings and unanimously they said no. They were not gonna go and do anything with their building or change those buildings so to go and change the district down there for building owners or property owners down there who have no intentions of knocking those buildings down or going through major renovations to put up some kind of a mixed development. There is no rhyme or reason to those shopping centers down there. You're gonna have to get people to put their heads together and decide what kind of retail and commercial storage fronts that you want to get together, to get some sort of cohesiveness. If you're looking for pedestrian activity, you're gonna have to have people come there, get out of their cars and go shop somewhere. Right now it's all pointed purchasing down there, all of it, Ed Borgatti was absolutely correct when he said people come to his place, they come there purposely to go there and when they get in their car they leave, they don't go on foot and go looking at other shopping areas down there. These questions had been asked back in 1984, the same questions, and nothing has been done. Games & Lanes has been vacant for over 20 years, nothing has been done. I agree that doing with the redevelopment authority is wonderful, let's get that thing out of the way and then if you decide that mixed use is something that you want, let's get everybody together, let's all put our little heads together, put our shoulders together and get to the wheel and decide what we want to do and come out with some kind of a plan in how we want to do it and if mixed use development is the answer, then so be it, you've got my vote but beforehand, I think the cart is way, way before the horse. I don't even think there's a cart in sight, that's how far I think this is way out of whack here and I respect the enthusiasm of the Planning Board and I admire their interest in all of this whole thing but I think it's way, way too early to even consider this because I think it's gonna be • • more of a burden in the long run because nothing's gonna get done. There's nothing that's gonna get done down there, that's all. If you want my personal opinion, I think this mixed zoning was designed for one purpose -Games & Lanes property. Once that thing was cleaned up by the redevelopment authority, vacant property, then some developer's gonna come in there and put up some kind of a medical center. Do you think that's the answer down there? That's another destination point. You're looking for vibrant shopping, that's not the answer. I think you ought to hold off on this, that's my opinion. President Johnson -Councilor Calabrese? Councilor Calabrese -Yeah, I almost want to say ditto to Councilor Rossi. Again, I'm not objecting to the concept of what's being proposed here. I have a problem with the timing. I love the idea of the redevelopment authority that Councilor Johnson was talking about and we talked about it at the workshop. I think it's a great idea. I'm a little dubious on the grant money. The Commonwealth is still in pretty hard economic times and I'd kind of like to have a little bit more of specifics other than saying well we will qualify for some grants. That's like saying the check is in the mail to me. Again it's not the concepti object to, it's the timing and I think we need to really light a fire under that Games & Lanes to get that resolved, then we can move forward with something that's rational, that fits in the environment down there so again I am going to be voting no but it's not because I'm objecting to the concept, I'm objecting to the timing. Thank you. President Johnson -Councilor Bitzas? Councilor Bitzas -Yes, Mr. President, you did a great presentation and I appreciate that. I think if you didn't open the eyes of all the councilors, I don't know what else can do that so I don't see any businesses to oppose this. Not one. All the businesses they like it and we have us here now try to oppose it, find excuses, find something a reason to say 'no I'm voting against it because but I like it'. You cannot have both ways, you like it you vote yes, you don't like it you vote no period. We have the grants coming to us. We have the promise as Mr. President said before with 19 the Mayor that we're going to do something to clean up the property of Games & Lanes, this is not be an obstacle for cleaning up nor if you vote against it, you expedite the cleaning of the • • Games & Lanes. If you think that way, you're absolutely false. I mean we have a responsibility to this town to make that area better and as I said before this is the first step to the right direction. If we say I don't and we say okay don't give any attention, all these people the business down there, they like to see this happen and we're down here saying no we don't want it for a, band c reasons but we like it. You cannot have both ways again. Now have the courage to vote yes if you like it and vote no if you don't like the concept period. I'm not going to tell you how to vote; you vote for your conscience but think about that area there. This area needs help, needs our help to make it better. As the President said you give all the reasons how we can say no? Thank you. President Johnson -Councilor Perry? Councilor Perry -Yes, thank you Mr. President, through the Chair I actually agree with you George this time! Councilor Bitzas -That's a good start to a new year! Councilor Perry -The way I look at it is if we leave it as is, it's gonna stay as is. Games & Lanes is definitely an eyesore, it has been, we the majority of us sat at a workshop back in November I believe it was with the Mayor in regards to Games & Lanes and he point blank told us that there is nothing that the town was going to do about it. We're not going to take it on taxes because then we own it and we own the liability. As Councilor President stated there is a plume of contamination that could possibly be going out and the town would take that liability on. The Mayor made it dear to us that evening that he wasn't planning on doing anything. He had experts in there explaining everything to us. I'm glad to hear in your meeting today that he's taking your advice in regards to redevelopment, creating that and hopefully moving forward to eliminate that but getting back to what we're discussing, the mixed zones, it is the start as far as I'm concerned because like I say, it's a beginning. It's the starting line to where we have to move forward in that area. Basically I agree with Councilor Rossi, we have to partner with Mass Highway as far as the Sullivan Bridge goes. I believe it was probably about 8-10 years ago that this Council and I was charged with it because I was the head of the Traffic & Safety Committee, put a letter forth because they lowered the status on that project. There's different levels that • • Mass Highway rates projects, or pending projects, and they actually lowered us down to Level C I think it was which would mean fs never gonna happen. We put a Resolution together and letters and sent them to the state and Mass Highway and they moved us up to Level B I believe it was at the time. I think if we're ever gonna get any type of response or money to re·do that bridge, this is a step in the right direction. Put the zoning in place, put a Master Plan together on the infrastructure, I mean that's our job, that's the community's job to do that, we will get some benefits from grant money but also the efforts to get rid of Games & Lanes, all these things are going to be pos~ives to hopefully get money to re-do the infrastructure or grants to help us to do that so I think this is the first step that we need to take because like I stated in my opening statement is to leave ~ as is, it's going to stay as is so I'll be voting in favor of~. Thank you. Councilor Mineo· Move the Agenda item. Councilor Cichetti -Second. President Johnson -There's no other lights on so we have before us TOR·2013·8. If you're in favor of the first reading, vote yes. If you're opposed, vote no. It requires eight votes. I'd ask Barbara to call the Roll please. 20 ROLL CALL -6 YES (Councilors Bitzas, Cichetti, Johnson, Mineo, Perry and Suffritl), 4 NO (Councilors Calabrese, Cavallo, Rheault and Rossi), 1 ABSENT (Councilor Letellier) President Johnson -With a vote of six yes, four no, you've defeated the first reading of TOR· 2013·8. r ••• Town of Agawam ·36 Main Street Agawam, Mils$lichusetts 01001-1837 October 9,2013 Christopher C. Johnson, President Dennis J. Perry, Vice President George Bitzas, COllllCiloI . Cecilia P. Calabrese, Coun¢ilor . . Paul C. Cavallo, Councilor James P. Cichetti, Councilor Gina M. Letellier, Councilor Robert A. Magovem,Councilor Joseph Mineo, Councilor Donald M. Rheault, Councilor Robert Rossi, Councilor Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: . Tel. 413-786-0400 Fax 413.-786-9927 ; .. :; ::--,.. ::-1: , . At its duly called meeting held .on Octob~r 3, 2013, the Agawam Planning Board voted to be the petitioner on the attachtidZoning AmencInient "Mixed Use Business G District" .. If you have any questions, pleasecontactthis office at 786-0400, extension 8738. Sincerely, . '7t-~t?~ Travis P. Ward, Chairman AGAWAM PLANNING BOARD cc: Clerk, Solicitor, File • Agawam Mixed Use Development Ordinance Pagell • . Proposed Agawam Mixed Use Development Ordinance (Prepared by PVPC and Agawam Mixed Use Committee, updated 10-3-13) 6.6 MIXED USE BUSINESS C DISTRICT 6.61 Scope To regulate Mixed Use Oevelopment in appropriate areas of the Town and to protect the public health, safety, and general welfare in the Town of Agawam by establishing controls that will facilitate flexible development while protecting the public interest. 6.62 Purposes A. The purpose of this ordinance is to foster a greater opportunity for creatiyedevelopment by providing guidelinElS which encourage amix of uses compatible with existing and neighboring properties; to proyidehousing and business uses in locations where a variety of town services are available; to promo!eutilization of existing buildings and property, and to encourage the provision of open areas. The intent, furthermore, is to encourage interaction among activities located within a Mixed Use Oevelopment. to enhancebusinessviiatity, reduce vehicular traffic, provide employment opportunities for residents close to home,enSi.lrethecompatibility with each other oftheoomrnercial, and residential uses, ensure that the appearance and effects of buildings and uses are harmonious with the character of the area in which they are located by: 1. Allowing a diversity of uses in close proximity in the district within a limited area, including residential, commercial ,and office; 2. Accommodating mixed_use buildings with neighborhood-serving retail, service and other uses on the ground floor and residential.units above; . 3. Encouraging development that exhibits the physical design characteristics of pedestrian- oriented storefront-style shopping streets; 4. Promoting the opportunity for people to work, meet, shop and utilize services in the vicinity oftheirresidences, 5. Providing opportunities for the development of affordable housing, 6. Providing opportunities for a mixture of uses in the same building, 7. Promoting a positive pedestrian environment in the district, 8. FaCilitating integrated physical design, 9. Promoting a high level of design quality, 10. Encouraging the development offlexible space for small and emerging businesses, 11. Facilitating development proposals responsive to current and future market conditions, and 12. Encouraging the development of open spaces and parks within the district to accommodate workers, residents, pedestrians, and shoppers. • Agawam Mixed Use Development Onlinanoe P ag e Iz 6.63 Establishment and Administration • A The Agawam Mixed Use Business C District is shown on the Zoning Map as set forth on the map entitled "Agawam Mixed Use Business C District", dated · , prepared by Pioneer Valley Planning Commission. This map is hereby made a part of the Zoning Ordinance and is on file in the Office of the Town Clerk. B. The provisions of this Section 6.6 shall be administered by the Plann ing Board, except as otherwise provided herein. . .. . C. The Planning Board may waive any information requirements it judges to be unnecessary to the review cfa particular plan. Such waiver deCisions must be documented in writing by the Planning Board, 6.64 Definitions A The follOwing definitions shall apply to all mixed use applications l,lnder these zoning ordinances: 1. Assisted Living: Hou$ing for adults, with serviCes provided, such as meals, laundry, and housekeeping. 2. Business Senilces:.Services used in the conducting of business and commerce, including only: a. Consurnerand mercantile credit reporting; b. Nev.isservices; . c. Research, development and testing; d. Business management and consulting; e. Insurance company service offices; f. Real estate offices. 3. Cafe: a coffee house. or small restaurant, often with. an enclosed or outdoor section extending onto the sidewalk . 4. Driveway: A space, located on a lot, built for access to a garage or Off-street parking or loading space, 5. Fast Food Restaurant: An establishment whose principal business is the sale of pre- prepared or rapidly prepared. food directly to \he customer in a ready-to-consume state for consumption either within the restaurant buitding or off the premises. Orders are not generally taken at the customer's table, and food is generally served· in dispcsable wrapping or containers. 6. Live-work Units: A live/work unit is defined as a single unit (e.g., studio, loft, or one bedroom) consisting of boih a commercial/office and a reside!1tial component that is occupied by the same resident. The live/work unit shall be theptiniarydwelling of the occupant. • Agawam Mixed Use Development Ordinance p -.8 e I 3 • 7. Lot Coverage: means the area of a lot covered by the footprint of all structures, as well as decks, balconies, porches, and similar architectural features, driveway areas, expressed as a percentage of the total lot area. . 8. Mixed Use Development: The development of a tract of land, building, or structure with two (2) or more different uses such as, but not limited to, residential, office, commercial, institutional, or entertainment, in a compac! village form, with vehicular access to an accepted public way. A proposed Mixed UseDeveloprnent shall demonstrate that the project shall be served by town water and sewer service upon completion of the proposed development. 9. Odor: A strong and unpleasant smell, for example, a garbage or chemical smelt 10. Personal Services: Establishments primarily engaged in providing services involving the care of a person or his/her apP'!rel, including but not limited to: . a. Laundering, dry cleaning and garments services not exceeding 5,000 square feet of floor area per establishment; b. Coin operated laundries; c. Shoe repair; d. Photographicseritices; e. Beauty and barber shops; f. Apparel repair and alteration; . g. Funer<lJ services; h.' Health clubs; i. Clothing rental. 11 . Professional Setyices: Services performed by professional perSons for business and personaltise,including, but not limited to: a..Medicafand health offices and clinics not exceeding 5,000 feet of floor '!rea per office or group%ffices; b. Planning; . ., ." .. c. Engineering and architectural; d. Accounting; e. Auditing and bookkeeping; f. Educational and scientific. 12. Senior and/or Handicapped Housing. or SeniorApartments: Age-restricted muHi-unit housing for 55 and older adults, or handicapped persons; withself.,contained living units for older adults who are able to care .for themselves, Usually rio additional services such as meals or transportation are provided. 13. Sit Down Restaurant: An eating 6stablishmentwith tum over rates generally of at least one hour or longer, serving food intended for consumption on the premises. 14. Treebelt: Can consist of tree planters, brick pavers, and benches with a minimum width of five feet. 6.65 Use Regulations A. Uses Allowed by Right with Site Plan Review In a Mixed Use Development • Agawam Mixed Use Development Ordinance Page 14 • 1. Mixed use developments may be constructed in the Mixed Use Development Overlay District with Site Plan Review by the Planning Board in accordance with s.180-13. The following uses may be included by right with Site Plan Review within a mixed use structure in a mixed use development: a. Retail Uses; b. Sit Down Restaurants; c. Cafes and outdoor dining areas; d. Multi-family Residential uses; e. Home Occupations; f. Professional Service Offices; g. Personal Service Establishments; h. Municipal Uses; i. Banks or financial institutions, automated teller machines (ATMs): j. Health club: k. Townhouses (single family dwellings connected by one or more walls); I. Cinema, theatre, or auditorium; m. Park, recreation or playground; n. Artist studio/residence; o. Assisted living residential uses senior apartments, and senior housing; p. Artisan manufacturing or production (hand tools only, e.g. jeWelry or ceramics); q. Cillicuses; r. Livelworkunits; s. Multiple Uses in the same structure; t. Bars and cocktail lounges. The above uses are not allowed as stand-alone struct1./res in this district. B. Special Permit Uses in a Mixed Use Development 1. The following uses may be included within a mixed use development with the approval of a Special Permit from the Board of Appeals in accordance with s. 180-11 and 180-12: a. Hotel/Motel not exceeding 10 guestroorns perestal)lishment; b. Dry cleaning, linen cleaning, or diaper services whiCh clean elothingarticles on site. c. Animal hospitals; d. Drive-up service windows associated with banks, pharmacies or cafes; 2. Within a mixed use development, the fot/owing uses shall not be allowed as free standing buildings, and shall not provide drive through service windows: a. Fast food restaurants; b. Sit down restaurants; c. Banks and automated teller machines (ATMs) . C. Prohibited Uses in a Mixed Use Development 1. The following uses shall not be included wlthina. MiXed Use Development: a. Industrial uses; b. Motor vehicle sales, maintenance and repair facilities; c. Gasolinefillingslations; d. Adult entertainment uses; e. Automobile or truck sales; f. Junkyards. D. Same-structure/On-site Mixed Use 1. Within an approved Mixed Use Development, there shall be no restriction on combining different categories of use within the same building except any imposed by the State BUilding Code or other federal, state, or local. regulations. • Agawam Mixed Use Development Ordinance Page 15 • 2. No mixed use development shall have morethan 75% of the total' square footage in the development used for residential uses, including multi-family uses, assisted living and senior housing. E. SpeCial Permit Criteria for All Mixed Use Developments 1. All Mixed Use Developments requiring a Special Permit in Section 6.65(9) above must meet the Special Permit requirements in Section 180-11 andthEl Site Plan Approval requirements in Section 180-13. . 2. All Mixed Use Developments requiring a Special Permit must also meet the following additional Special Permit criteria: a. The project complies with the additional Performance Standards for Mixed Use Developments in Section 6.66 below. b. The project is consistent w~h the purposes of this ordinance, as stated in Section 6.62. F. DimensionalReqUirements The dimensional requirements applicable to the MixedUseOverfay District are shown in the Table of Dimensional ahd Density Regulations belOW: . . Table of Dimensional and Density Regulations for the Mixed Use. Business C District .. Minimum Minimum Minimum Minimum Minimum MaxImum Maximum Maximum Lot Area Frontage Front Side Rear Height •. Lot Setback Yard Yard Yard COllerage Os.f. 25 feet . fOfeet o feet 20 feet 45 feet! . 75% 15 feet .. 3 stories . . 6.66 Performance Standards for Mixed Use Developments . To the extent feasiblEl,all Mixed Use Developments must meetthe PerformanCe Standards in Sections 6.66 A-O belOW. . No use shall be permitted that causes. or results in dissemination of dust, smoke, gas or fumes excessive odor, noise, vibration or excessive light vioJati/lg.lne standards set forth in the performance criteria in this Section 6.66 A-O . . Any other performance standards of the town shall also apply to uses conducted under this Section 6.6 of the Agawam Zoning Ordinances. A. Access and Traffic Impacts: 1. Traffic and safety impacts to the existing and proposed roads shall be minimized . 2. Access provided via shared curb cuts shall be encouraged. Curb cuts shall be as narrow as is feasible, without resulting in traffic safety issues. 3. Pedestrian and vehicular traffic shall be separated and walkways shall be provided for access to adjacent properties and between businesses. • • Agawam Mixed Use Development Ordinance "ge 15 4. Plans must illustrate provisions for safe automobile, pedestrian and bicycle circulation. Provisions must be made for motor vehicle, bicycle, and pedestrian circulation connections to adjacent lots. 5. The Planning Board shall require a detailed traffic study for the following uses: a. high volume traffic generating uses with a trip generation rate over 700 vehicles/day (based on Institute of Transportation Engineers rates found in Trip Generation) b. the construction of a new Mixed Use Development structure of more than 25,000 square feet in gross floor area; and c. any external enlargement that brings the Mixed Use Development total to 25,000 square feet gross floor area for all structures. 6. The Planning Board may waive any or all requiremenis for a traffic study for external enlargements of less than 2,000 square feet of gross floor area in excess of the 25,000 gross floor area threshold. The traffic impact statement shall contain: a. The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels; b. The proposed traffic flow pattern for both vehiCles andpedestrlan access shall be described and related to the site plan, including vehicular movements at all major interseCtions likely to be affected by tile proposed use ofthe site; c. Traffic flow patterns at the site. including entrances and egresses, loading and unloading areas, and curb cuts on site and within one hundreC\ (100) feet of the site; :" . ",-'. ' . d. A detailed assessment ofthe trafficsafetyimpactsoftl1epropo!led project or use on the carrying capacity of any adjacent highway or road;'incl~dii1gihe projected number of motor vehicle trips to enter or depart from the site estimated for daily hour and peak hour traffic levels, road capacities and impacts on intersection . Existing daily and peak hour traffic levels and road capacities shall also be given; e. A parking lot vehicle traffic and pedestfianCirculation plan shall be designed to minimize conflicts and safety problems. '. . B. Noise: . 1. In order to protect,preserve, and promote the health, safety, welfare, peace, and quiet of the inhabitants of Agawam through the reduction, control,and.prevention of such loud or raucous noise that unreasonably disturbs, injUres, or endangerstl1ecomfort, privacy, repose, health, peace or safety of reasonable persons, all noise levels, measured at a height of four feel(4'} above the ground surface at all property lines, using a sound meter which meets the most current American National Standards Institute's Specification for Type II Sound Level Meters, must not exceed the following standards: 7:00 a:m: to 7:00 p.m. 65* 7:00p.m. to 11:00 p.m. 50 45 11:00 p.m. to 7:00 a.m. L----;>N,:;f.;:Riiirl;;;--;-;;;;;;;;;;l"c;;;o:;;n-;;v;;;e;.rs~arltii;;o:;;n:-; ifr1"~;;-;;;:-;;;;i;;;;T,;;~'"',.of a normal working refrigerator; 45dba = a quiet library 2. These standards shall not apply to power tools and equipment (I.e. lawn mowers, leaf blowers, sweepers, etc.) used in the normal maintenance of the site's outdoor areas (I.e. lawn,garden, parking, etc.). Such outdoor maintenance shall be limited to between the hours of 8:00 am 7:00 pm . • Agawam Mixed Use Development-Ordinance Page 17 C. Emissions and Odors: • 1. Emissions and odors shall be completely and effectively conftnedwithin the building, or so regulated as to prevent any nuisance, hazard, or other disturbance from being perceptible (without the use of instruments) at any lot line of the premises on which the use is located. No emissions are permitted which can: • cause any damage to health of humans, animals or vegetation • cause excessive soiling • result in odorous gases or odoriferous matte(in such quantities as to be offensive 2. The determination o.f what emissions are in violation of this provision shall be made by the zoning Enforcement Officer or his/her designee taking into consideration all of the following: • the leve.1 of the odor; • the nature of the odor is usual or unusual; • the origin of the odor is natural or unnatural;" .' • the level of the ambient odor; • the proximity of the odor to living/sleeping facilities; • the na!ure·and;toning of the areafroin which the odor emanates and the area where it is received; ' .. • the duration of the odor; ilnd whether the odor. is recurrent, intermittent, or constant. D. Lighting: 1. Lighting systems should be designed, constructed, and installed in a manner that controls glare and IIghttrespass, minimizes obtrusive light, conserves energy and resources while maintaining safety, visibility, 's'ecurity of.ihdividuals and property and curtailing the degradatioriof the nighttime visualenvironmeni.E:veniydistribute.d lighting throughout a site will minimize impacts on surrounding nliighbti'moQdsand ihcll!;lse efficiency. By directing light where it is needed and only the intensity neoessaiy to serve the intended purpose, thes~ standards will prevent glare and its harsh shadoWs and blind spots. All lightingshallcomp/y with the following: • Except for approved exterior lighting, operations producing glare shall be conducted . entirely within an enclosed building. No directorsl<y-r~ect$d glare, whether from floodlights or from high temperature processes suchasweldingshall.be permitted beyond its lot lines onto neighboring properties, or onto anystreet. • Exterior lighting, including but not necessarily limited to lighting of exterior walls of buildings from an external light source, lighting of parking areas, and lighting of walks and drives shall be done in such a mariner to direct light away from adjacent lots and public ways. . . • All outdoor light fixtures and illuminated signs shall be designed , located , installed and directed in such a manner as to prevent light trespass beyond the property line, and light ilbove a ninety-degree horizontal plane. If necessary, an applicant may need to provide photometric plans and/or manufacturing speCificatiOn sheets to show conformance with these standards • All nonessential lighting, including display, parking, and sign lighting, shall be turned off after business hours, leaving only the lighting necessary for site and pedestrian security, crime prevention and streetlighting. • Agawam Mixed Use Development Ordinance P ag e 18 • • All lighting shall be recessed and shielded to prevent off-site glare. • Site lighting shall conform to the following output standards: E. Storage: 1. All materials, supplies and. equipment shall be stored in accordance with Fire Prevention Standards of the National Board of Fire Underwriters, and shall be screened from view from public ways and abutting properties. F. Waste Disposal: 1. Waste disposal shall follow state and town Board of Health regulations. 2. Storage of waste and waste facilities shall be screened from view from public ways and neighboring properties. 3. Appropriate provisions shall be made for the disposal of trash, which may include, but shall not be limited to, the provision of trash compactors within the building or on site, as well as a signed annual contract for rubbish removaL 4. Dumping of dumpsters shall be limited to weekdays between the hours of 7AM and 11PM only. Dumpsters must be fenced , gated and screened from view. G. Loading/Unloading: 1. The Planning Board may require that operations, includingloading.and unloading shall be limited to weekdays between the hours of 7 AM and 11 PM only. 2. Loading and unloading platforms and doorways specially designed for loading/unloading are prohibited on the. front side of any building. H. Walkways: 1. For public convenience, a pedestrian and/or bicycle way or sidewalk system shall connect all uses on the site, and otherwise provide appropriate circulation or continuity to an existing pedestrian or bicycle circulation system. These uses include, but are not limited to residential, parking, transit, bicycling, industrial, recreation, and commercial uses. 2. Walkways and sidewalks must conform to requirements of the.American with Disabil ities Act (ADA) and the Massachusetts Architectural Access Board (MAAB). 3. Sidewalks are required along all town streets. A treebelt is reguired adjacent to sidewalk areas. The Planning Board can waive treebelt requirements in situations where they determine that local conditions warrant. • Agawam Mixed Use Development Ordinance P age 19 • 4. The development should provide internal and/or public pedestrian connections that are direct, convenient and pleasant with appropriate amenities (e.g. attractive sidewalks and benches). I. Vehicular Access, Parking and Loading, and Shared Parking Requirements: 1. Parking shall be located to the side or rear of buildings. In no case shall parking be allowed in the treebel! adjacent to the sidewalk or within the front setback of any lot. 2. Parking spaces may be located .either on or off the 101. Applicant must show proof of space, dedicated to the use, its location relative to the building, and must indicate if the space is owned or leased. 3. Buildings that do not have frontage on a street must provide access for emergency and servicevehidesthrough the layout and design of driveways, interior service roads, or pedestrian and bicycle circulation corridors. 4. The Planning Boardmay allow shared parking in a mixed use¢evelopmenl. 5. A parking study shall be requited for all new structures within the District. A parking study is not required for re,useofexisting structures. A formal parking study may be waived for small developments where there.isestablished experience with the land use mix and its impact is expected to be minimal.jfj;;tandardrates,are not available or limited, the applicant may collect data at similarsitesto establish local parking demand rates. . . J . Alleys: 1. Alleys are permitted to access parkingiMh¢irearofstfuctures, with Planning Board review. Alleys must be safe, secure and well lit. Alleys musibe paved, with a minimumwidthof10 feet. K. Development and DeslgnSllIndllrds: 1. Existing buildings shall be recused for mixed use development!;, where. feasible, as a priority over new construction. . 2. Buildings or structures that are listed or eligible for inclusion on the National Register of HistoricPlaces and/or the Massachusetts Register of Historic Places or within a local historic district as established by M.G.L. Chapter 40C, $hall be converted, constructed, reconstructed, restored or altered to maintain· or promote the'status of the building or structure on, or eligibility for inclusion on the State or National Register of Historic Places. 3. Applicants shall consult the Agawam Design Guidelines Handbook for guidance regarding design issues for mixed used development. Applicants' site plans shall indicate how the proposed development addresses the design issues referenced in the Agawam DeSign Guidelines Handbook. L. Signs: 1. Signs shall conform to the existing ordinances of the Town of Agawam in s. 180-75 through s.180-89. . " • Agawam Mixed Use Development Ordinance PagellO • 2. Permitted signs include: signs located within \he sign band on building facades; awning signs; hanging signs projecting from building facades; window signs and un-moveable free- standing signs. 3. Temporary signs permitted include: political signs; special events signs; and for sale or for lease signs. . 4. Prohibited signs include: flashing signs; roof signs; moveable s igns; internally lit plastic signs. 5. Each business may display not more than two permanent signs. 6. Sign materials should be durable and easy to maintain. Signs may be constructed of wood, metal, stone, gold leaf, glass, canvas, stained glass or "mcased in a wooden frame. 7. Sign illumination may include external white lighi illumination.: provided it is shaded from view off the premises, and neon. 8. Sign size: Signs may not exceed. sixteen square feet in area.' 9. Sign height: Free-standing pole signs shall have a maximum height of ten feet; other free- standing signs shall have a maximum height offour feet. M. Landscaping Requirements: 1. Screening of mechanical eqUipment, trash, and loading areas shall be provided through the use of walls, "fences, and/or dense; evergreen plant materials. 2. The landscaped perimeter area shall have a minlrriumwidtl)ofat.least five feet, and can consist of tree planters, brick pavers, and benches. 3. Landscaping shall be provided for driveways and other vehicular use areas to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pede$trian and vehirulartraffic. 4. Interior parking areas shall be landscaped WithsUffloient shadl;i~ .. to provide 50% shade within fifteen (15) years of installation. . . 5. Completion of the landscaping requirements may be postponed due to seasonal weather conditions for a period notto.exceed six (6)rnonth.s from the time of project completion. 6. Applicants shall reference the landscaping recommendalio~sof;he Agawam Design Guidelines Handbook when preparing a proposed landscape plan. N, Green Infrastructure.and Stormwater' Runoff 1. To the extent feasible, Mixed Use Development projects Shall recharge all stormwater on site. The use of green infrastrUcture strategies tOr stonnwater recharge, such as permeable pavements, tree box filters, green streets, rain gardens, stormwater infiltration basins and green roofs, are strongly encouraged ApplicantS' site plans shall indicate how the proposed development addresses green infrastructure and stormwater recharge. O. Maintenance of Landscaping and Screening: 1. All landscaping and screening shall be maintained by the property owner. 2. Landscaping and screening plant materials shall not encroach on the public walkways or roadways in a way that impedes pedestrian or vehicular traffic. 3. Shrubs or trees that die shall be replaced within one growingseason. o • Agawam Mixed Use Development-Ordinance Poge 111 P. Appearance/Architectural Design • 1. Architectural design shall be compatible with the historic character and scale of building in the neighborhood and the Town of Agawam through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Applicants should consult the Agawam Design Guidelines Handbook for specifiC guidance on design issues. 2. In making its decision, the Planning Board may consider whether the building design is compatible with the following design guidelines: a. Exterior facades are faced with stone or brick, or clapboards of wood, aluminum or vinyl; b. Exterior facade treatment is compatible on' aU sides visillle, from a public way or parking lot; , c. Facades facing town streets have windows facing the street. 3. Variations in architectural detail, forin and siting shall be used to provide visual interest and avoid monotony. ' 4. Existing buildings subject to reconstruction or rehabilitation ,~n<lproposed buildings shall be compatible with the historic character and scale of contiguouspuiidings within the immediate neighborhood vicinity. ' 5. Proposed buildings should relata harmoniously to each other. 6. Buildings shall be designed so that retail, restaurant,and per'i;ohal service establishments are strongly e!lcouraged to be located on the ground or belOw grade, building levels. 7. The entire building fa~de must be oriented to front and side street property lines and must be located within ten feet of such 'property lines, with sidewalks in front of buildings. 8. Public open spaces, such as plazas and pocket'pa'rI<s, are encouraQlld within the development; , , " ,',' Q. Outdoor Dining 1. Outdoor dining shall be permitted by right, as an accessory use for any restaurant use, and must comply with the following standards: a. Alcohol may be served to and consumed by patrons in outdoor dining areas, provided tliat all necessary licenses are acquired. These licenses are to be gathered through the Liquor Commission, the Building Department and the Board of Health. ' b. The hours of operation of outdoor dining areas may be equal to or less than the hours of operation of the main restaurant. Dining areas which abut residential areas must end outdoor dining and seating by 11 pm. ' c. Litter must be cleaned up regularly. 6.67 Optional Affordable Housing Bonus A. A density bonus may be provided by the Planning Board, in return for provision of affordable housing, if the following criteria are met: • Agawam Mixed Use Development Ordinance Pa ge lIZ • 1. At least ten (10%) percent of the total dwelling units in a mixed use development may be designated as affordable housing. Affordable housing will be defined as those residential units affordable to a household earning up to eighty percent (80%) of the med ian income in Agawam's statistical area. 2. The affordable housing units shall include resale, lease arrenlal controls that will ensure continued affordability by future low and moderate income households. Deed restrictions or .similar devices shall be used to limit future sale or rental prices for these purposes. 3. The affordable units may be located in an existing structure if their construction constitutes a net increase in the number of dwelling units in the development. B. The Planning Board shall determine the density bonus, which may consist of both of the following:. . 1. An increase in building height to a maximum of 4 stories; 2. An.increase in lot coverage to a maximum of 95%. . ... , • ,SPRINGFIEI!D'STR • JI5 I 3 JI5 I I 11591 JI437 till • • Business C District .-:.: ... ,,~; Wetland o Agawam Mixed Use Development, Business C, District 250 500 12" Steep Slope __ ..:===-_____ Feet ~ W~~E S I .1 »»» COCg/i11 /(Jt lIrtgioNJ~.,. pVpC • MIXED USE DEVELOPMENT DISTRICT Proposed Agawam Zoning Bylaw What is the objective of Mixed Use Development Districts? Mixed use districts foster well-planned, mixed-use, compact developments within downtown and village areas, in keeping with the character of traditional ew England villages. They can create places with unique and pos itive local identities, and to provide development opportunities for expanding a community's economic diversity and vi tality. Why are Mixed Use Development Districts needed? Low-density urban sprawl has become the Pioneer Valley's dominant form of growth, consuming open land at an accelerated pace. Smart growth principals promote the mixing of commercial and residential uses to help create more interesting, functional, and environmentally sensitive built environments. Mixed-use developments integrate housing, shops, offices, schools, parks, and civic facilities into compact areas to make biking, walking, and using transit easier. They can help limit sprawl and lessen air pollution. How do Mixed Use Development Districts work? Communities can adopt mixed use village center zoning to provide for pedestrian-friendly "Main Street" shopping districts with attractive facades, parking on the street or behind buildings, tree-lined streets and human scale buildings with offices/apartments above first-floor shops. Mixed-use projects can combine residential, retail, office, and public institutional uses in compact villages or clusters to provide opportunities for people to live close to work and services. The Agawam Mixed Use Development District is an overlay district, which is superimposed over severa l underlying zoning districts. It does not create any new zoning restrictions, but rather allows neW opportunities for economic development. The overlay district will be established in the Walnut Street Extension Area, a district roughly bounded by Springfield Street, Suffield Street, Ramah Circle North, Shopping Court and Columbus Street (see zoning map for additional details). The bylaw will allow mixed use developments to be constructed with the approval of a Special Permit with Site Plan Approval granted by the Planning Board. The following uses may be included within a mixed use development: retail uses; quality restaurants; multi-family residential uses; home • occupations; professional service offices; personal service establishments; municipal uses; banks or financial institutions; health club; small hotel or motel; bed-and-breakfast establishments; townhouses; theatre; park; artist studio/residence; assisted li vi ng residential uses; parks and recreation; artisan manufachlring; civic uses; live/work units; mu ltiple uses in the same structure. The bylaw prohibits certain uses in Mixed Use developments, such as industrial uses, gas stations, auto sales, and adult uses. To protect the community and neighborhoods, the bylaw contains detailed performance standards for such issues as: access and traffic impacts; noise; vibration; odors; lighting; storage; waste disposal; loading; vehicular access; parking; architectural design; signs; and landscaping. Finally, the bylaw provides a density bonus for Mixed Use developments that include affordable housing. DID YOU KNOW ... In a Seattle study, authors found that by mixing land uses and enhancing the relative convenience on non-outo travel. 12.2% of all trips were non-motorized, compared to 3.9% in single-use residential neighborhoods. MIXED USE DEVELOPMENT EXAMPLES FROM THE PIONEER VALLEY South Hadley Village Commons The Village Commons is an outstanding example of a mixed use development in South Hadley center, which includes retail shops and restaurants, a movie theater, as well as a residential component. It is designed to fit compactly on a small site on the town common, with a well-defined street line, pedestrian-friendly features and parking in the rear. Pomeroy Commons, Amherst Pomeroy Commons is a mixed-use development in Pomeroy Village Center of Amherst. Five townhouse-style residential units occupy the top two floors, with commercial space on the street level. The site is located in the center of south Amherst, within walking distance of many amenities. The building features a front porch and balcony in the style of a grand old Berkshires hotel, parking in the rear, and secure bicycle storage in a shed at the end of the building. 11591 , , Business C District ::;,.~ Weiland NGFIEl!D' JI5 1 1 JI437 JI4 3 3 JI5 1 3 JI5 1 2 .11434 .115 42 Agawam Mixed Use Development. Business C, District a 125 250 500 .115 4 1 N W*E »»» C".""'~., nvnr • • Agawam Mixed Use Development Ordinance Page 11 Proposed Agawam Mixed Use Development Ordinance (Prepared by PVPC and Agawam Mixed Use Committee, updated 10-3-13) 6.6 MIXED USE BUSINESS C DISTRICT 6.61 Scope To regulate Mixed Use Development in appropriate areas ofthe Town and to protect the public health, safety, lind general welfare in the Town of Agawam by establishing controls that will facilitate flexible development while protecting the public interest. 6.62 Purposes A. The purpose of this ordinance is to foster a greater opportunity for creative development by providing guidelines which encourage a mix of uses compatible with existing and neighboring properties; to provide housing and business uses in locations where a variety of town services are available; to promote utilization of existing buildings and property, and to encourage the provision of open areas. The intent, furthemnore, is to encourage interaction among activities located within a Mixed Use Development, to enhance business vitality, reduce vehicular traffic, provide employment opportunities for residents close to home, ensure the compatibility with each other of the commercial, and residential uses, ensure that the appearance and effects of buildings and uses are harmonious with the character of the area in which they are located by: 1. Allowing a diversity of uses in close proximity in the district within a limited area, including residential, commercial ,and office; 2. Accommodating mixed-use buildings with neighborhood-serving retail, service and other uses on the ground floor and residential units above; 3. Encouraging development that exhibits the physical design characteristics of pedestrian- oriented storefront-style shopping streets; 4. Promoting the opportunity for people to work, meet, shop and utilize services in the vicinity of their residences, 5. Providing opportunities for the development of affordable housing, 6. Providing opportunities for a mixture of uses in the same building, 7. Promoting a positive pedestrian environment in the district, 8. Facilitating integrated physical design, 9. Promoting a high level of design quality, 10. Encouraging the development of flexible space for small and emerging businesses, 11. Facilitating development proposals responsive to current and future market conditions, and 12. Encouraging the development of open spaces and parks within the district to accommodate workers, residents, pedestrians, and shoppers. • • Agawam Mixed Use Development Ordinance Page 12 6.63 Establishment and Administration A. The Agawam Mixed Use Business C District is shown on the Zoning Map as set forth on the map entitled "Agawam Mixed Use Business C District", dated , prepared by Pioneer Valley Planning Commission. This map is hereby made a part of the Zoning Ordinance and is on file in the Office of the Town Clerk. B. The provisions of this Section 6.6 shall be administered by the Planning Board, except as otherwise provided herein. C. The Planning Board may waive any information requirements it judges to be unnecessary to the review of a particular plan. Such waiver decisions must be documented in writing by the Planning Board. 6.64 Definitions A. The following definitions shall apply to all mixed use applications under these zoning ordinances: 1. Assisted Living: Housing for adults, with services provided, such as meals, laundry, and housekeeping. 2. Business Services: Services used in the conducting of business and commerce, including only: a. Consumer and mercantile credit reporting; b. News services; c. Research, development and testing; d. Business management and consulting; e. Insurance company service offices; f. Real estate offices. 3. Cafe: a coffee house or small restaurant, often with an enclosed or outdoor section extending onto the sidewalk 4. Driveway: A space, located on a lot, built for access to a garage or off-street parking or loading space. 5. Fast Food Restaurant: An establishment whose principal business is the sale of pre- prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off the premises, Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers. 6. Live-work Units: A livelwork unit is defined as a single unit (e.g., studio, loft, or one bedroom) consisting of both a commercial/officeand a residenlialcomponent that is occupied by the same resident. The livelwork unit shall be the primary dwelling of the occupant. • • Agawam Mixed Use Development Ordinance Page 13 7. Lot Coverage: means the area of a lot covered by the footprint of all structures, as well as decks, balconies, porches, and similar architectural features, driveway areas, expressed as a percentage of the total lot area. 8. Mixed Use Development: The development of a tract of land, building, or structure with two (2) or more different uses such as, but not limited to, residential, office, commercial, institutional, or entertainment, in a compact village form, with vehicular access to an accepted public way. A proposed Mixed Use Development shall demonstrate that the project shall be served by town water and sewer service upon completion of the proposed development. 9. Odor: A strong and unpleasant smell, for example, a garbage or chemical smell. 10. Personal Services: Establishments primarily engaged in providing services involving the care of a person or his/her apparel, including but not limited to: a. Laundering, dry cleaning and garments services not exceeding 5,000 square feet of floor area per establishment; b. Coin operated laundries; c. Shoe repair; d. Photographic services; e. Beauty and barber shops; f. Apparel repair and alteration; g. Funeral services; h. Health clubs; i. Clothing rental. 11. Professional Services: Services performed by professional persons for business and personal use, including, but not limited to: a. Medical and health offices and clinics not exceeding 5,000 feet of floor area per office or group of offices; b. Planning; c. Engineering and architectural; d. Accounting; e. Auditing and bookkeeping; f. Educational and scientific. 12. Senior and/or Handicapped Housing or Senior Apartments: Age-restricted multi-unit housing for 55 and older adults, or handicapped persons, with self-contained living units for older adults who are able to care for themselves, Usually no additional services such as meals or transportation are provided. 13. Sit Down Restaurant: An eating establishment with turnover rates generally of at least one hour or longer, serving food intended for consumption on the premises. 14. Treebelt: Can consist of tree planters, brick pavers, and benches with a minimum width of five feet. 6.65 Use Regulations A. Uses Allowed by Right with Site Plan Review in a Mixed Use Development • • Agawam Mixed Use Development Ordinance Page 14 1. Mixed use developments may be constructed in the Mixed Use Development Overlay District with Site Plan Review by the Planning Board in accordance with s.180-13. The following uses maybe included by right with Site Plan Review within a mixed use structure in a mixed use development: a. Retail Uses; b. Sit Down Restaurants; c. Cafes and outdoor dining areas; d. Multi-family Residential uses; e. Home Occupations; f. Professional Service Offices; g. Personal Service Establishments; h. Municipal Uses; i. Banks or financial institutions, automated teller machines (ATMs); j. Health club; k. Townhouses (single family dwellings connected by one or more walls); I. Cinema, theatre, or auditorium; m. Park, recreation or playground; n. Artist studio/residence; o. Assisted living residential uses senior apartments, and senior housing; p. Artisan manufacturing or production (hand tools only, e.g. jewelry or ceramics); q. Civic uses; r. liveiwork units; s. Multiple Uses in the same structure; t. Bars and cocktail lounges. The above uses are not allowed as stand-alone structures in this district. B. Special Permit Uses in a Mixed Use Development 1. The following uses may be included within a mixed use development with the approval of a Special Pemnit from the Board of Appeals in accordance with s. 180-11 and 180-12: a. Hotel/Motel not exceeding 10 guest rooms per establishment; b. Dry cleaning, linen cleaning, or diaper services which clean clothing articles on site. c. Animal hospitals; d. Drive-up service windows associated with banks, phamnacies or cafes; 2. Within a mixed use development, the following uses shall not be allowed as free standing buildings, and shall not provide drive through service windows: a. Fast food restaurants; b. Sit down restaurants; c. Banks and automated teller machines (ATMs). c. Prohibited Uses in a Mixed Use Development 1. The following uses shall not be included within a Mixed Use Development: a. Industrial uses; b. Motor vehicle sales, maintenance and repair facilities; c. Gasoline filling stations; d. Adult entertainment uses; e. Automobile or truck sales; f. Junkyards. D. Same-structure/On-site Mixed Use 1. Within an approved Mixed Use Development, there shall be no restriction on combining different categories of use within the same building except any imposed by the State Building Code or other federal, state, or local regulations. Agawam Mixed Use Development Ordin! Page 15 • 2. No mixed use development shall have more than 15% of the total square footage in the development used for residential uses, including multi-family uses, assisted living and senior housing. E. Special Penn it Criteria for All Mixed Use Developments 1. All Mixed Use Developments requiring a Special Permit in Section 6.65(8) above must meet the Special Permit requirements in Section 180-11 and the Site Plan Approval requirements in Section 180-13. 2. All Mixed Use Developments requiring a Special Permit must also meet the following additional Special Permit criteria: a. The project complies with the additional Performance Standards for Mixed Use Developments in Section 6.66 below. b. The project is consistent with the purposes of this ordinance, as stated in Section 6.62. F. Dimensional Requirements The dimensional requirements applicable to the Mixed Use Overlay District are shown in the Table of Dimensional and Density Regulations below: Table of Dimensional and Densitv Regulations for the Mixed Use. Business C District Minimum Minimum Minimum Minimum Minimum Maximum Maximum Maximum Lot Area Frontage Front Side Rear Height Lot Setback Yard Yard Yard Coverage Os.f. 25 feet 10 feet o feet 20 feet 45feetl 75% 15 feet 3 stories 6.66 Perfonnance Standards for Mixed Use Developments To the extent feasible, all Mixed Use Developments must meet the Performance Standards in Sections 6.66 A-O below. No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes excessive odor, noise, vibration or excessive light violating the standards set forth in the performance criteria in this Section 6.66 A-O . Any other performance standards of the town shall also apply to uses conducted under this Section 6.6 of the Agawam Zoning Ordinances. A. Access and Traffic Impacts: 1. Traffic and safety impacts to the existing and proposed roads shall be minimized. 2. Access provided via shared curb cuts shall be encouraged. Curb cuts shall be as narrow as is feasible, without resulting in traffic safety issues. 3. Pedestrian and vehicular traffic shall be separated and walkways shall be provided for access to adjacent properties and between businesses. Agawam Mixed Use Development Ordint Page 16 • 4. Plans must illustrate provisions for safe automobile, pedestrian and bicycle circulation. Provisions must be made for motor vehicle, bicycle, and pedestrian circulation connections to adjacent lots. 5. The Planning Board shall require a detailed traffic study for the following uses: a. high volume traffic generating uses with a trip generation rate over 700 vehicles/day (based on Institute of Transportation Engineers rales found in Trip Generation) b. the construction of a new Mixed Use Development structure of more than 25,000 square feet in gross floor area; and c. any extemal enlargement that brings the Mixed Use Development total to 25,000 square feet gross floor area for all structures. 6. The Planning Board may waive any or all requirements for a traffic study for external enlargements of less than 2,000 square feet of gross floor area in excess of the 25,000 gross floor area threshold. The traffic impact statement shall contain: a. The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels; b. The proposed traffic flow pattern for both vehicles and pedestrian access shall be described and related to the site plan, including vehicular movements at all major intersections likely to be affected by the proposed use of the site; c. Traffic flow pattems at the site including entrances and egresses, loading and unloading areas, and curb cuts on site and within one hundred (100) feet of the site; d. A detailed assessment of the traffic safety impacts ofthe proposed project or use on the carrying capacity of any adjacent highway or road, including the projected number of motor vehicle trips to enter or depart from the site estimated for daily hour and peak hour traffic levels, road capacities and impacts on intersection. Existing daily and peak hour traffic levels and road capacities shall also be given; e. A parking lot vehicle traffic and pedestrian circulation plan shall be designed to minimize conflicts and safety problems. B. Noise: 1. In order to protect, preserve, and promote the health, safety, welfare, peace, and quiet of the inhabitants of Agawam through the reduction, control, and prevention of such loud or raucous noise that unreasonably disturbs, injures, or endangers the comfort, privacy, repose, health, peace or safety of reasonable persons, all noise levels, measured at a height of four feet (4') above the ground surface at aU property lines, using a sound meter which meets the most current American National Standards Institute's SpeCification for Type II Sound Level Meters, must not exceed the following standards: 7:00 a.m. to 7:00 p.m. 65* 7:00 p.m. to 11 :00 p.m. 50 11 :00 p.m. to 7:00 a.m. 45 L---~*~N~olttee:~655cd~b~a~=~n~ornrmmn,a~lcc~0~nv~e~rsiaat~iolrnY;!ili~d~b~a~=;n~~;,n~oofanormalwo~ing refrigerator; 45dba = a quiet library 2. These standards shall not apply to power tools and equipment (i.e. lawn mowers, leaf blowers, sweepers, etc.) used in the normal maintenance of the site's outdoor areas (i.e. lawn, garden, pa~ing, etc.). Such outdoor maintenance shall be limited to between the hours of 8:00 am 7:00 pm. Agawam Mixed Use Development Ordin! Page 17 C. Emissions and Odors: • 1. Emissions and odors shall be completely and effectively confined within the building, or so regulated as to prevent any nuisance, hazard, or other disturbance from being perceptible (without the use of instruments) at any lot line of the premises on which the use is located. No emissions are permitted which can: • cause any damage to health of humans, animals or vegetation • cause excessive soiling • result in odorous gases or odoriferous matter in such quantities as to be offensive 2. The determination of what emissions are in violation of this provision shall be made by the zoning Enforcement Officer or his/her designee taking into consideration all of the following: • the level of the odor; • the nature of the odor is usual or unusual; • the origin of the odor is natural or unnatural; • the level of the ambient odor; • the proximity of the odor to living/sleeping facilities; • the nature and zoning of the area from which the odor emanates and the area where it is received; • the duration of the odor; and whether the odor is recurrent, intermittent, or constant. D. Lighting: 1. Lighting systems should be designed, constructed, and installed in a manner that controls glare and light trespass, minimizes obtrusive light, conserves energy and resources while maintaining safety, visibility, security of individuals and property and curtailing the degradation of the nighttime visual environment. Evenly distributed lighting throughout a site will minimize impacts on surrounding neighborhoods and increase efficiency. By directing light where it is needed and only the intenSity necessary to serve the intended purpose, these standards will prevent glare and its harsh shadows and blind spots. All lighting shall comply with the following: • Except for approved exterior lighting, operations producing glare shall be conducted entirely within an enclosed building. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as welding shall be permitted beyond its lot lines onto neighboring properties, or onto any street • Exterior lighting, including but not necessarily limited to lighting of exterior walls of buildings from an external light source, lighting of parking areas, and lighting of walks and drives shall be done in such a manner to direct light away from adjacent lots and public ways. • All outdoor light fixtures and illuminated signs shall be designed, located, installed and directed in such a manner as to prevent light trespass beyond the property line, and light above a ninety-degree horizontal plane. If necessary, an applicant may need to provide photometriC plans and/or manufacturing specification sheets to show conformance with these standards • All nonessential lighting, including display, parking, and sign lighting, shall be turned off after business hours, leaving only the lighting necessary for site and pedestrian security, crime prevention and streetlighting. Agawam Mixed Use Development ordin' PagelS • • All lighting shall be recessed and shielded to prevent off-site glare. • Site lighting shall conform to the following output standards: Maximum Site Average Footcandle at (footcandle) (footcandle) Property Line 5 2.5 0 E. Storage: 1. All materials, supplies and equipment shall be stored in accordance with Fire Prevention Standards of the National Board of Fire Underwriters, and shall be screened from view from public ways and abutting properties. F. Waste Disposal: 1. Waste disposal shall follow state and town Board of Health regulations. 2. Storage of waste and waste facilities shall be screened from view from public ways and neighboring properties. 3. Appropriate provisions shall be made for the disposal of trash, which may include, but shall not be limited to, the provision of trash compactors within the building or on site, as well as a signed annual contract for rubbish removal. 4. Dumping of dumpsters shall be limited to weekdays between the hours of 7 AM and 11 PM only. Dumpsters must be fenced, gated and screened from view. G. Loading/Unloading: 1. The Planning Board may require that operations, including loading and unloading shall be limited to weekdays between the hours of 7 AM and 11 PM only. 2. Loading and unloading platforms and doorways specially designed for loading/unloading are prohibited on the front side of any building. H. Walkways: 1. For public convenience, a pedestrian and/or bicycle way or sidewalk system shall connect all uses on the site, and otherwise provide appropriate circulation or continuity to an existing pedestrian or bicycle circulation system. These uses include, but are not limited to residential, parking, transit, bicycling, industrial, recreation, and commercial uses. 2. Walkways and sidewalks must conform to requirements of the American with Disabilities Act (ADA) and the Massachusetts Architectural Access Board (MAAB). 3. Sidewalks are required along all town streets. A treebelt is reguired adjacent to sidewalk areas. The Planning Board can waive treebelt requirements in situations where they determine that local conditions warrant. Agawam Mixed Use Development Ordin' Page 19 • 4. The development should provide internal and/or public pedestrian connections that are direct, convenient and pleasant with appropriate amenities (e.g. attractive sidewalks and benches). I. Vehicular Access, Parking and Loading, and Shared Parking Requirements: 1. Parking shall be located to the side or rear of buildings. In no case shall parking be allowed in the treebelt adjacent to the sidewalk or within the front setback of any lot. 2. Parking spaces may be located either on or off the lot. Applicant must show proof of space, dedicated to the use, its location relative to the building, and must indicate if the space is owned or leased. 3. Buildings that do not have frontage on a street must provide access for emergency and service vehictes through the layout and design of driveways, interior service roads, or pedestrian and bicycle circulation corridors. 4. The Planning Board may allow shared parking in a mixed use development. 5. A parking study shall be required for all new structures within the District. A parking study is not required for re-use of existing structures. A formal parking study may be waived for small developments where there is established experience with the land use mix and its impact is expected to be minimal. If standard rates are not available or limited, the applicant may collect data at similar sites to establish local parking demand rates. J. Alleys: 1. Alleys are permitted to access parking in the rear of structures, with Planning Board review. Alleys must be safe, secure and well lit. Alleys must be paved, with a minimum width of 10 feet. K. Development and Design Standards: 1. Existing buildings shall be re-used for mixed uSe developments, where feasible, as a priority over new construction. 2. Buildings or structures that are listed or eligible for inclusion on the National Register of Historic Places and/or the Massachusetts Register of Historic Places or within a local historic district as established by M.G.L. Chapter 40C, shall be converted, constructed, reconstructed, restored or altered to maintain Of promote the status of the building or structure on, or eligibility for inclusion on the State or National Register of Historic Places. 3. Applicants shall consult the Agawam Design Guidelines Handbook for guidance regarding design issues for mixed used development. Applicants' site plans shall indicate how the proposed development addresses the deSign issues referenced in the Agawam Design Guidelines Handbook. L. Signs: 1. Signs shall conform to the existing ordinances of the Town of Agawam in s. 180-75 through s.180-89. Agawam Mixed Use Development ordin' Page 110 • 2. Permitted signs include: signs located within the sign band on building facades; awning signs; hanging signs projecting from building facades; window signs and un-moveable free- standing signs. 3. Temporary signs permitted include: political signs; special events signs; and for sale or for lease signs. 4. Prohibited signs include: flashing signs; roof signs; moveable signs; internally lit plastic signs. 5. Each business may display not more than two permanent signs. 6. Sign materials should be durable and easy to maintain. Signs may be constructed of wood, metal, stone, gold leaf, glass, canvas, stained glass or encased in a wooden frame. 7. Sign illumination may include external white light illumination, provided it is shaded from view off the premises, and neon. 8. Sign size: Signs may not exceed sixteen square feet in area. 9. Sign height: Free-standing pole signs shall have a maximum height of ten feet; other free- standing signs shall have a maximum height of four feet. M. Landscaping Requirements: 1. Screening of mechanical equipment, trash, and loading areas shall be provided through the use of walls, fences, and/or dense, evergreen plant materials. 2. The landscaped perimeter area shall have a minimum width of at least five feet, and can consist of tree planters, brick pavers, and benches. 3. Landscaping shall be provided for driveways and other vehicular use areas to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular traffic. 4. Interior parking areas shall be landscaped with sufficient shade trees to provide 50% shade within fifteen (15) years of installation. 5. Completion ofthe landscaping requirements may be postponed due to seasonal weather conditions for a period not to exceed six (6) months from the time of project completion. 6. Applicants shall reference the landscaping recommendations of the Agawam DeSign Guidelines Handbook when preparing a proposed landscape plan. N. Green Infrastructure and Stormwater Runoff 1. To the extent feasible, Mixed Use Development projects shall recharge all stormwater on site. The use of green infrastructure strategies for stormwater recharge, such as permeable pavements, tree box filters, green streets, rain gardens, stormwater infiltration basins and green roofs, are strongly encouraged. Applicants' site plans shall indicate how the proposed development addresses green infrastructure and stormwater recharge. O. Maintenance of Landscaping and Screening: 1. All landscaping and screening shall be maintained by the property owner. 2. Landscaping and screening plant materials shall not encroach on the public walkways or roadways in a way that impedes pedestrian or vehicular traffic. 3. Shrubs or trees that die shall be replaced within one growing season. Agawam Mixed Use Development Ordin' Page 111 P. Appearance/Architectural Design 1. Architectural design shall be compatible with the historic character and scale of building in the neighborhood and the Town of Agawam through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Applicants should consult the Agawam Design Guidelines Handbook for specific guidance on design issues. 2. In making its decision, the Planning Board may consider whether the building design is compatible with the following design guidelines: a. Exterior facades are faced with stone or brick, or clapboards of wood, aluminum or vinyl; b. Exterior facade treatment is compatible on all sides visible from a public way or parking lot; c. Facades facing town streets have windows facing the street. 3. Variations in architectural detail, form and siting shall be used to provide visual interest and avoid monotony. 4. Existing buildings subject to reconstruction or rehabilitation and proposed buildings shall be compatible with the historic character and scale of contiguous buildings within the immediate neighborhood vicinity. 5. Proposed buildings should relate harmoniously to each other. 6. Buildings shall be designed so that retail, restaurant, and personal service establishments are strongly encouraged to be located on the ground or below grade building levels. 7. The entire building fa~de must be oriented to front and side street properly lines and must be located within ten feet of such properly lines, with sidewalks in front of buildings. 8. Public open spaces, such as plazas and pocketparks, are encouraged within the development; Q. Outdoor Dining 1. Outdoor dining shall be permitted by right, as an accessory use for any restaurant use, and must comply with the following standards: a. Alcohol may be served to and consumed by patrons in outdoor dining areas, provided that all necessary licenses are acquired. These licenses are to be gathered through the Liquor Commission, the Building Department and the Board of Health. b.The hours of operation of outdoor dining areas may be equal to or less than the hours of operation of the main restaurant. Dining areas which abut residential areas must end outdoor dining and seating by 11 pm. c. Litter must be cleaned up regularly. 6.67 Optional Affordable Housing Bonus A. A density bonus may be provided by the Planning Board, in return for provision of affordable housing, if the fOllowing criteria are met: , Agawam Mixed Use Development Ordint Page 112 1. At least ten (10%) percent of the total dWelling units in a mixed use development may be designated as affordable housing. Affordable housing will be defined as those residential units affordable to a household earning up to eighty percent (80%) of the median income in Agawam's statistical area. 2. The affordable housing units shall include resale, lease or rental controls that will ensure continued affordability by future low and moderate income households. Deed restrictions or similar devices shall be used to limit future sale or rental prices for these purposes. 3. The affordable units may be located in an existing structure if their construction constitutes a net increase in the number of dwelling units in the development. B. The Planning Board shall determine the density bonus, which may consist of both of the following: 1. An increase in building height to a maximum of 4 stories; 2. An increase in lot coverage to a maximum of 95%. • • Support Mixed Use Business C Zone Change Dear Agawam City Councilors: We, the undersigned, strongly ask you to vote in FAVOR ofthe Mixed Use Zoning Ordinance in an effort to improve the Walnut Street bw;iness area. We sign this petition in hope you will support this endeavor so that the Town of Agawam would be eligible for District Local Technical Assistance to help business owners in the vicinity and provide much needed incentives for redevelopment. Thank you. Name Sig.,.,.ture Address 4tilu(r.. OAr ; Ai ..fA ~~ .3'-3T tv~u...'f .ft-.<.r f (:;->7,t.lL -rr1UP)jQl.5 ~;yV / ~:3 c:.aNl,' {/ jI 'if ~ ~ .... "}AM Mus IG -., ,.. ''51-;: 1.3,;1" Wl1lnQ<:J ~ f},<J: _ ,=-'" :,.f/t<l~~!! v :>. ,I., tl 1-=;",_ U..Y.. 1"-,t;" """,U •• d 1 -I-0<-<.1 Wlf"j t<.-iT.L J ~h. _ u...,,k1J.{ CQ,i>I'M:t-/.-.A. i?h J ,(;)... <), U::;;:., dal ---, f -OLu..,.lf L 1Ioo.uAWl1 'h. .-1 '( "..I ~1 . .J.e.. -4 2. ~'u,j'lllU _ U Ch.l,...,.. 'C8.on--U:[' 0 ~u .. ~ -,I..V.~ .:I"g lAkLi jo(.t(.f~? J:::.J-. u r • • Support Mixed Use Business C Zone Change Dear Agawam City Councilors: We, the undersigned, strongly ask you to vote in FAVOR of the Mixed Use Zoning Ordinance in an effort to improve the Walnut Street business area. We sign this petition in hope you will support this endeavor so that the Town of Agawam would be eligible for District Local Technical Assistance to help business owners in the vicinity and provide much needed incentives for redevelopment. Thank you. Name Sig"ture Address . l • • Support Mixed Use Business C Zone Change Dear Agawam City Councilors: We, the undersigned, strongly ask you to vote in FAVOR of the Mixed Use Zoning Ordinance in an effort to improve the Walnut Street business area. We sign this petition in hope you will support this endeavor so that the Town of Agawam would be eligible for District Local Technical Assistance to help business owners in the vicinity and provide much needed incentives for redevelopment. Thank you. Name Si~neture Address .~f56~. ~c,n -L 'I/: J/' _, ~~ ~ ILbJh ~J-s-l-r-x .J.... () Yl <0 1. '" <0 ,..J -----k ~~' 3 2.-.1/1 ,~, 1\A*~.r-.i-w ) II. _ ( J" Ik I. ./// ~4,;Y 12 / 12 ~ 7 /0..)",1. j>5--1/ii, 'f 1~I 'A~/J.,."'fJ; '_ l;~.,J..u. ~ -':\C' {',I . .I~h. ,,~..;...... (> v11: [G';"y J. erA ~ .. ".... iJ. c. d~~.nc $3 t' oM·/" ' . .-. oS'T-.~. I (.\r. f1i') } ... ~ ~~/ A <!.u'li';,J. C'''! GQ "';:-20 :.. '1.1u u/ .. .1 ""<;w fii',,"- ~~/1~ ~·I. A _ ffllll'li1~ lJ-i, 111 <;-1- $-. 17 r /8" ~ • /'A/.J......--jrr ~/ .. vf J~.(!$;. nr.;::: "" 7J Ar . -J II.~ ~~WAt....<f ./t-.<rf ~ ~ L. 7r JUt' ;)II" f> V I ~~ <;~-_.f 1-'I'il---.;;r;; Ru -x;r,;w. ~r~ _ [3.;i~ iJR/I:u~ ~ ! ~cr. .. ,. . ~O ( " , . ~ COMPARISON OF USES REGULATED BY ZBA I EXISTING ZONING VS BUSINESS C USES DISTRICT I SPECIAL PERMIT(SP) YIN Business A Business B Industrial A Business C I • Drive-inlDrive SP/lBA SP/lBA SP/lBA SP/lBA Through Restaurant Drive-through Service SP/lBA SP/lBA SP/ZBA SP/lBA Windows Trucking Tenninals NA SP/ZBA SP/lBA NA Retail Shopping NA sprrc" SPITC NA Centers (as defined in 180-48 I) HoteisIMotels B~Right By Right By Right SP/lBA DJ'Y Cleaners By Right By Right By Right SP/lBA Animal Hospitals SP/lBA SP/lBA SP/lBA SP/lBA Sit Down Restaurants By Right By Right By Right By Right ATM SP/lBA SP/lBA SP/ZBA SP/lBA Industrial Uses NA NA By Right unless NA • hazardous or offensive, then lBA Motor Vehicle Sales NA NA NA NA Gasoline Filling By Right By Right By Right NA Stations Adult Entertainment SP/lBA SP/lBA SP/lBA NA Junkyard NA NA SP/lBA NA * There are no parcels in the proposed Business District that can meet the dimension requires for Retail Shopping Centers. District ll~~s C Business A Industrial A Purpose: • • MIXED USE BUSINESS C DISTRICT To foster a greater opportunity for creative development by: • Allowing for a diversity of uses; • Encouraging pedestrian-oriented shopping; • Promoting opportunities for people to work, shop, and socialize within close proximity to where they reside; • Promote high quality, integrated design. Background: The 2010 Agawam Economic Development Plan identified Walnut Street Extension as Priority Area I for future economic development. The Plan recommends: "Redevelopment of vacant and underutilized properties for retail, commercial, and mixed-use. Encourage design standards that address architectural design, landscaping, pedestrian movement, and traffic flow. Create a village/town center for residents." Comparison with Business A and Industrial A: Minimum Minimum Minimum Minimum Minimum Maximum Maximum Maximum Setback Lot Area Frontage Front Side Yard Rear Yard Height Lot Yard Coverage Os./. 251eet lOleet Oleet 20leet 451eet! 3 75% 151ed s/J}r/es o s.f. 251eet 35feet Ofeet 25feet 45feetl3 50% N.A. stories 40,000 100 feet 40feet 25feet 25feet 40feet/2 50% N.A. sJ. stories Comparison of Uses Regulated by ZBA: Attached • COMPARISON OF USES REGULATED BY ZBA EXISTING ZONING VS BUSINESS C USES DISTRICT SPECIAL PERMlT(SP) YIN Business A Business B Industrial A Business C Drive-in/Drive SP/ZBA SP/ZBA SP/ZBA SP/ZBA Through Restaurant • Drive-through Service SP/ZBA SP/ZBA SP/ZBA SP/ZBA Windows Trucking Tenninals NA SP/ZBA SP/ZBA NA Retail Shopping NA SPfTC* SP/TC NA Centers (as defined in 180-48IJ Hotels/Motels By Right By Right By Right SP/ZBA Dry Cleaners By Right By Right By Right SP/ZBA Animal Hospitals SP/ZBA SP/ZBA SP/ZBA SP/ZBA Sit Down Restaurants By Right By Right By Right By Right ATM SP/ZBA SP/ZBA SP/ZBA SP/ZBA Industrial Uses NA NA By Right unless NA hazardous or offensive, then ZBA • Motor Vehicle Sales NA NA NA NA Gasoline Filling By Right By Right By Right NA Stations Adult Entertainment SP/ZBA SP/ZBA SP/ZBA NA Junkyard NA NA SP/ZBA NA ---_. * There are no parcels in the proposed Business District that can meet the dimension requires for Retail Shopping Centers. • • Proposed New Business C Mixed Use Commercial, Residential, and Retail Zoning District to improve the Walnut St. Extension Business Area *Make the entire area more attractive and welcoming to customers. *Give building owners new opportunities to gain additional income for their properties. *Provide more options for redeveloping Games and Lanes. CITY COUNCIL PUBLIC HEARING Monday, MAY 19, 2014, 7:00 p.m. Roberta Doering Middle School 68 Main St., Agawam, MA. Corinne M. Wingard 194 Elm St., Agawam, MA., 01001 -tel: 413-786-9467 Deborah Dachos, Director of Planning Town of Agawam-tel: 786-0400, ext. 8245 l • • EXHIBIT A TO TOR-2013-8 ARTICLE XIX MIXED USE BUSINESS C DISTRICT 180-139Scope To regulate Mixed Use Development in appropriate areas of the Town and to protect the public health, safety, and general welfare in the Town of Agawam by establishing controls that will facilitate flexible development while protecting the public interest. 180-140 Purposes A. The purpose of this ordinance is to foster a greater opportunity for creative development by providing guidelines which encourage a mix of uses compatible with existing and neighboring properties; to provide housing and business uses in locations where a variety of town services are available; to promote utilization of existing buildings and property, and to encourage the provision of open areas. The intent. furthermore, is to encourage interaction among activities located within a Mixed Use Development, to enhance business vitality, reduce vehicular traffic, provide employment opportunities for residents close to home, ensure the compatibility With each other of the commercial, and residential uses, ensure that the appearance and effects of buildings and uses are harmonious with the character of the area in which they are located by: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Allowing a diversity of uses in close proximity in the district within a limited area, including residential, commercial, and office; Accommodating mixed-use buildings with neighborhood-serving retail, service and other uses on the ground floor and residential units above; Encouraging development that exhibits the physical design characteristics of pedestrian- oriented storefront-style shopping streets; Promoting the opportunity for people to work, meet, shop and utilize services in the vicinity of their residences; Providing opportunities for the development of affordable housing; Providing opportunities for a mixture of uses in the same building; Promoting a positive pedestrian environment in the district; Facilitating integrated physical design; Promoting a high level of design quality; Encouraging the development of flexible space for small and emerging businesses; FaCilitating development proposals responsive to current and future market conditions; and Encouraging the development of open spaces and parks within the district to accommodate workers, residents, pedestrians, and shoppers. • 180-141 Establishment and Administration A. The Agawam Mixed Use Business C District shall include the properties listed below, These properties are included by reason of their potential to provide a flexible development area aligned with the purpose of this Article, Assessor's Map, Block and Lot 114-5-34 115-9-1 J15-1-1 J15-1-2 J15-1-3 J15-4-1 J15-4-2 J15-4-3 J15-4-4 J14-3-3 J14-3-4 J14-3-5 J14-3-7 J14-4-1 Jl4-4-2 J14-4-3 Jl4-4-5 J14-4-6 J14-4-7 J14-4-B Jl4-4-9 J14 5 8 B. The provisions of this Section 180-144 shall be administered by the Planning Board, except as otherwise provided herein. C, The Planning Board may waive any information requirements it judges to be unnecessary to the review of a particular plan, Such waiver decisions must be documented in writing by the Planning Board. 180-1420efinitions A. The following definitions shall apply to all mixed use applications under these zoning ordinances: 1, Assisted living: Housing for adults, with services provided, such as meals, laundry, and housekeeping, 2. Business Services: Services used in the conducting of business and commerce, including only: a. Consumer and mercantile credit reporting; b. News services; c. Research, development and testing; d, Business management and consulting; • • e. Insurance company service offices; f. Real estate offices. 3. Cafe: A coffee house or small restaurant, often with an enclosed or outdoor section extending onto the sidewalk 4. Driveway:. A space, located on a lot, built for access to a garage or off-street parking or loading space. 5. Fast Food Restaurant: An establishment whose principal business is the sale of pre- prepared or rapidly prepared fo.od directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off the premises. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers. 6. Live-work Units: A livefwork unit is defined as a single unit (e.g., studio, loft, or one bedroom) consisting of both a commerciaVoffice and a residential component that is occupied by the same resident. The livelwork unit shall be the primary dwelling of the occupant. 7. Lot Coverage: The area of a lot covered by the footprint of all structures, as well as decks, balconies, porches, and similar architectural features, driveway areas, expressed as a percentage of the total lot area. 8. Mixed Use Development: The development of a tract of land, building, or structure with two (2) or more different uses such as, but not limited to, residential, office, commercial, institutional, or entertainment, in a compact village form, with vehicular access to an accepted public way. A proposed Mixed Use Development shall demonstrate that the project shall be served by town water and sewer service upon completion of the proposed development. 9. Odor: A strong and unpleasant smell, for example, a garbage or chemical smell. 10. Personal Services: Establishments primarily engaged in providing services involving the care of a person or his/her apparel, including but not limited to: a. Laundering, dry cleaning and garment services not exceeding 5,000 square feet of floor area per establishment; b. Coin operated laundries; c. Shoe repair; d. Photographic services; e. Beauty and barber shops; f. Apparel repair and alteration; g. Funeral services; h. Health clubs; i. Clothing rental. 11 . Professional Services: Services performed by professional persons for business and personal use, including, but not limited to: a. Medical and health offices and clinics; • • b. Planning; c. Engineering and architectural; d. Accounting; e. Auditing and bookkeeping; f. Educational and scientific. 12. Senior andfor Handicapped Housing or Senior Apartments: Age-restricted multi-unit housing for 55 and older adults, or handicapped persons, with self-contained living units for older adults who are able to care for themselves. Usually no additional services such as meals or transportation are provided. 13. Sit Down Restaurant: An eating establishment with turnover rates generally of at least one hour or longer, serving food intended for consumption on the premises. 14. Treebel!: Can consist of tree planters, brick pavers, and benches with a minimum width of five feet. 180-143 Use Regulations A. Uses Allowed by Right with Site Plan Review in a Mixed Use Development 1. Mixed use developments may be constructed in the Mixed Use Development Overlay District with Site Plan Review by the Planning Board in accordance with s.180-13. The following uses may be included by right with Site Plan Review within a mixed use structure in a mixed use development: a. Retail Uses; b. Sit Down Restaurants; c. Cafes and outdoor dining areas; d. Multi-family Residential uses; e. Home Occupations; f. Professional Service Offices; g. Personal Service Establishments; h. Municipal Uses; i. Banks or financial institutions, automated teller machines (ATMs); j. Health club; k. Townhouses (single family dwellings connected by one or more walls); I. Cinema, theatre, or auditorium; m. Park, recreation or playground; n. Artist studio/residence; o. Assisted living residential uses senior apartments, and senior housing; p. Artisan manufacturing or production (hand tools only, e.g. jewelry or ceramics); q. Civic uses; r. Live/work units; s. Multiple Uses in the same structure; t. Bars and cocktail lounges. The above uses are not allowed as stand-alone structures in this district. B. Special Permit Uses in a Mixed Use Development 1. The following uses may be included within a mixed use development with the approval of a Special Pennit from the Board of Appeals in accordance with s. 180-11 and 180-12: a. Hotel/Motel not exceeding 10 guest rooms per establishment; Minimum LotArea Os.f. • • b. Dry cleaning, linen cleaning, or diaper services which clean clothing articles on site; c. Animal hospitals; d. Drive-up service windows associated with banks, pharmacies or cafes; e. Fast food restaurants. 2. Within a mixed use development, the above listed uses shall not be allowed as free standing buildings. C. Prohibited Uses in a Mixed Use Development 1. The follOwing uses shall not be included within a Mixed Use Development: a. Industrial uses; b. Motor vehicle sales, maintenance and repair facilities; c. Gasoline filling stations; d. Adult entertainment uses; e. Automobile or truck sales; f. Junkyards. D. Same-structure/On-site Mixed Use 1. Within an approved Mixed Use Development, there shall be no restriction on combining different categories of use within the same building except any imposed by the State Building Code or other federal, state, or local regulations. 2. No mixed use development shall have more than 75% of the total square footage in the development used for residential uses, including multi-family uses, assisted living and senior housing. E. Special Permit Criteria for All Mixed Use Developments 1. All Mixed Use Developments requiring a Special Permit in Section 180-143(B) above must meet the Special Permit requirements in Section 180-11 and the Site Plan Approval requirements in Section 180-13. 2. All Mixed Use Developments requiring a Special Permit must also meet the following additional Special Permit criteria: a. The project complies with the additional Performance Standards for Mixed Use Developments in Section 180-144 below. b. The project is consistent with the purposes of this ordinance, as stated in Section 180- 140. F. Dimensional Requirements The dimensional requirements applicable to the Mixed Use Overlay District are shown in the Table of Dimensional and Density Regulations below: Table of Dimensional and Densitv Regulations for the Mixed Use. Business C District Minimum Minimum Minimum Minimum Maximum Maximum Maximum Setback Frontage Front Side Rear Height Lot Yard Yard Yard Coverage 25 feet 10 feet o feet 20 feet 45 feet! 75% 15 feet 3 stories • • 180-144 Performance Standards for Mixed Use Developments To the extent feasible, all Mixed Use Developments must meet the Performance Standards in Sections 180-144 A-O below. No use shall be pemnitted that causes or results in dissemination of dust, smoke, gas or fumes, excessive odor, noise, vibration or excessive light violating the standards set forth in the performance criteria in this Section 180-144 A-Q. Any other performance standards of the town shall also apply to uses conducted under this Section 180-144 of the Agawam Zoning Ordinances. A. Access and Traffic Impacts: 1. Traffic and safety impacts to the existing and proposed roads shall be minimized. 2. Access provided via shared curb cuts shall be encouraged. Curb cuts shall be as narrow as is feasible, without resulting in traffic safety issues. 3. Pedestrian and vehicular traffic shall be separated and walkways shall be provided for access to adjacent properties and between businesses. 4. Plans must illustrate provisions for safe automobile, pedestrian and bicycle circulation. Provisions must be made for motor vehicle, bicycle, and pedestrian circulation connections to adjacent lots. 5. The Planning Board shall require a detailed traffic study for the follOwing uses: a. high volume traffic generating uses with a trip generation rate over 700 vehicles/day (based on Institute of Transportation Engineers rates found in Trip Generation); b. the construction of a new Mixed Use Development structure of more than 25,000 square feet in gross floor area; and c. any external enlargement that brings the Mixed Use Development total to 25,000 square feet gross floor area for all structures. 6. The Planning Board may waive any or all requirements for a traffic study for external enlargements of less than 2,000 square feet of gross floor area in excess of the 25,000 square feet gross floor area threshold. The traffic impact statement shall contain: a. The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels; b. The proposed traffic flow pattern for both vehicles and pedestrian access shall be described and related to the site plan, including vehicular movements at all major intersections likely to be affected by the proposed use of the site; c. Traffic flow patterns at the site including entrances and egresses, loading and unloading areas, and curb cuts on site and within one hundred (100) feet of the site; d. A detailed assessment of the traffic safety impacts of the proposed project or use on the carrying capacity of any adjacent highway or road, including the projected number of motor vehicle trips to enter or depart from the site estimated for daily hour and peak hour traffic levels, road capacities and impacts on intersection. EXisting daily and peak hour traffic levels and road capacities shall also be given; • • e. A parking lot vehicle traffic and pedestrian circulation plan shall be designed to minimize conflicts and safety problems. B. Noise: 1. In order to protect, preserve, and promote the health, safety, welfare, peace, and quiet of the inhabitants of Agawam through the reduction, control, and prevention of such loud or raucous noise that unreasonably disturbs, injures, or endangers the comfort, privacy, repose, health, peace or safety of reasonable persons, all noise levels, measured at a height of four feet (4') above the ground surface at all property lines, using a sound meter which meets the most current American National Standards Institute's Specification for Type II Sound Level Meters, must not exceed the following standards: I TnneofDay ~Max. Sound Level (dBA) 7:00 a.m. to 7:00 p.m. 65* 7:00 p.m. to 11 :00 p.m. 50 11 :00 p.m. to 7:00 a.m. 45 *Note: 65 dba = normal conversation; 50 dba = noise level of a normal working refrigerator; 45dba = a quiet library 2. These standards shall not apply to power tools and equipment (i.e. lawn mowers, leaf blowers, sweepers, etc.) used in the normal maintenance of the site's outdoor areas (i.e. lawn, garden, parking, etc.). Such outdoor maintenance shall be limited to between the hours of 8:00 am 7:00 pm. C. Emissions and Odors: 1. Emissions and odors shall be completely and effectively confined within the building, or so regulated as to prevent any nuisance, hazard, or other disturbance from being perceptible (without the use of instruments) at any lot line of the premises on which the use is located. No emissions are permitted which can: • cause any damage to health of humans, animals or vegetation • cause excessive soiling • result in odorous gases or odoriferous matter in such quantities as to be offensive 2. The determination of what emissions are in violation of this provision shall be made by the Zoning Enforcement Officer or hislher designee taking into consideration all of the following: • the level of the odor; • the nature of the odor is usual or unusual; • the origin of the odor is natural or unnatural; • the level of the ambient odor; • the proximity of the odor to living/sleeping facilities; • the nature and zoning of the area from which the odor emanates and the area where it is received; '. the duration of the odor; and whether the odor is recurrent, intermittent, or constant. D. Lighting: 1. Lighting systems should be designed, constructed, and installed in a manner that controls glare and light trespass, minimizes obtrusive light, conserves energy and resources while • • maintaining safety, visibility, security of individuals and property and curtailing the degradation of the nighttime visual environment. Evenly distributed lighting throughout a site will minimize impacts on surrounding neighborhoods and increase efficiency. By directing light where it is needed and only the intensity necessary to serve the intended purpose, these standards will prevent glare and its harsh shadows and blind spots. All lighting shall comply with the following: • Except for approved exterior lighting, operations producing glare shall be conducted entirely within an enclosed building. No direct or sky-refiected glare, whether from floodlights or from high temperature processes such as welding shall be permitted beyond its lot lines onto neighboring properties, or onto any street. • Exterior lighting, including but not necessarily limited to lighting of exterior walls of buildings from an external light source, lighting of parking areas, and lighting of walks and drives shall be done in such a manner to direct light away from adjacent lots and public ways. • All outdoor light fixtures and illuminated signs shall be designed, located, installed and directed in such a manner as to prevent light trespass beyond the property line, and light above a ninety-degree horizontal plane. If necessary, an applicant may need to provide photometric plans and/or manufacturing specification sheets to show conformance with these standards • All nonessential lighting, including display, parking, and sign lighting, shall be tumed off after business hours, leaving only the lighting necessary for site and pedestrian security, crime prevention and streetlighting. • All lighting shall be recessed and shielded to prevent off-site glare. • Site lighting shall conform to the following output standards: E. Storage: 1. All materials, supplies and equipment shall be stored in accordance with Fire Prevention Standards of the National Board of Fire Underwriters, and shall be screened from view from public ways and abutting properties. F. Waste Disposal: 1. Waste disposal shall follow state and town Board of Health regulations. 2. Storage of waste and waste facilities shall be screened from view from public ways and neighboring properties. 3. Appropriate provisions shall be made for the disposal of trash, which may include, but shall not be limited to, the provision of trash compactors within the building or on site, as well as a signed annual contract for rubbish removal. • • 4. Dumping of dumpsters shall be limited to weekdays between the hours of 7 AM and 11 PM only. Dumpsters must be fenced, gated and screened from view. G, Loading/Unloading: 1. The Planning Board may require that operations, including loading and unloading shall be limited to weekdays between the hours of 7 AM and 11 PM only. 2. Loading and unloading platfonms and doorways specially designed for loading/unloading are prohibited on the front side of any building. H. Walkways: 1. For public convenience, a pedestrian and/or bicycle way or sidewalk system shall connect all uses on the site, and otherwise provide appropriate circulation or continuity to an existing pedestrian or bicycle circulation system. These uses include, but are not limited to residential, parking, transit, bicycling, recreation, and commercial uses. 2. Walkways and sidewalks must confonm to requirements of the Americans with Disabilities Act (ADA) and the Massachusetts Architectural Access Board (MAAB). 3. Sidewalks are required along all town streets. A !reebelt is required adjacent to sidewalk areas. The Planning Board can waive !reebelt requirements in situati(ms where they detenmine that local conditions warrant. 4. The development should provide intemal and/or public pedestrian connections that are . direct, convenient and pleasant with appropriate amenities (e.g. attractive sidewalks and benches). I. Vehicular Access, Parking and Loading, and Shared Parking Requirements: 1. Parking shall be located to the side or rear of buildings. In no case shall parking be allowed in the treebelt adjacent to the sidewalk or within the front setback of any lot. 2. Parking spaces may be located either on or off the lot. Applicant must show proof of space, dedicated to the use, its location relative to the building, and must indicate if the space is owned or leased. 3. Buildings that do not have frontage on a street must provide access for emergency and service vehicles through the layout and design of driveways, interior service roads, or pedestrian and bicycle circulation corridors. 4. The Planning Board may allow shared parking in a mixed use development. 5. A parking study shall be required for all new structures within the District. A parking study is not required for re-use of existing structures. A formal parking study may be waived for small developments where there is established experience with the land use mix and its impact is expected to be minimal. If standard rates are not available or limited, the applicant may collect data at similar sites to establish local parking demand rates. J. Alleys: i • • 1. Alleys are permitted to access parking in the rear of structures, with Planning Board review. Alleys must be safe, secure and well lit. Alleys must be paved, with a minimum width of ten (10) feet. K. Development and Design Standards: 1. Existing buildings shall be re-used for mixed use developments, where feasible, as a priority over new construction. 2. Buildings or structures that are listed or eligible for inclusion on the National Register of Historic Places and/or the Massachusetts Register of Historic Places shall be converted, constructed, reconstructed, restored or altered to maintain or promote the status of the building or structure on, or eligibility for inclusion on the State or National Register of Historic Places. L. Signs: 1. Signs shall conform to the existing ordinances of the Town of Agawam in s. 180-75 through s. 180-89. 2. Permitted signs include: signs located within the sign band on building facades; awning signs; hanging signs projecting from building facades; window signs and un-moveable free- standing signs. 3. Temporary signs permitted include: political signs; special events signs; and for sale or for lease signs. 4. Prohibited signs include: flashing signs; roof signs; moveable signs; intemally lit plastiC signs. 5. Each business may display not more than two permanent signs. 6. Sign materials should be durable and easy to maintain. Signs may be constructed of wood, metal, stone, gold leaf, glass, canvas, stained glass or encased in a wooden frame. 7. Sign illumination may include external white light illumination, provided it is shaded from view off the premises, and neon. 8. Sign size: Signs may not exceed sixteen square feet in area. 9. Sign height: Free-standing pole signs shall have a maximum height of ten feet; other free- standing signs shall have a maximum height of four feet. M. Landscaping Requirements: 1. Screening of mechanical equipment, trash, and loading areas shall be provided through the use of walls, fences, and/or dense, evergreen plant materials. 2. The landscaped perimeter area shall have a minimum width of at least five feet, and can consist of tree planters, brick pavers, and benches. 3. Landscaping shall be provided for driveways and other vehicular use areas to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular traffic. 4. Interior parking areas shall be landscaped with sufficient shade trees to provide 50% shade within fifteen (15) years of installation. 5. Completion of the landscaping requirements may be postponed due to seasonal weather conditions for a period not to exceed six (6) months from the time of project completion. • • • N. Green Infrastructure and Stormwater Runoff 1. To the extent feasible, Mixed Use Development projects shall recharge all stormwater on site. The use of green infrastructure strategies for stormwater recharge, such as permeable pavements, tree box filters, green streets, rain gardens, stormwater infiltration basins and green roofs, are strongly encouraged. Applicants' site plans shall indicate how the proposed development addresses green infrastructure and stormwater recharge. O. Maintenance of Landscaping and Screening: 1. All landscaping and screening shall be maintained by the property owner. 2. Landscaping and screening plant materials shall not encroach on the public walkways or roadways in a way that impedes pedestrian or vehicular traffic or visibility. 3. Shrubs or trees that die shall be replaced within one growing season. P. Appearance/Architectural Design 1. Architectural design shall be compatible with the historic character and scale of buildings in the neighborhood and the Town of Agawam through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. 2. In making its decision, the Planning Board may consider whether the building design is compatible with the following design guidelines: a. Exterior facades are faced with stone or brick, or clapboards of wood, aluminum or vinyl; b. Exterior facade treatment is compatible on all sides visible from a public way or parking lot; c. Facades facing town streets have windows facing the street. 3. Variations in architectural detail, form and siting shall be used to provide visual interest and avoid monotony. 4. Existing buildings subject to reconstruction or rehabilitation and proposed buildings shall be compatible with the historic character and scale of contiguous buildings within the immediate neighborhood vicinity. 5. Proposed buildings should relate harmoniously to each other. 6. Buildings shall be designed so that retail, restaurant, and personal service establishments are strongly encouraged to be located on the ground or below grade building levels. 7. The entire building faifade must be oriented to front and side street property lines and must be located within fifteen (15) feet of such property lines, with sidewalks in front of buildings. 8. Public open spaces, such as plazas and pocket parks, are encouraged within the development; Q. Outdoor Dining 1. Outdoor dining shall be permitted by right, as an accessory use for any restaurant use, and must comply with the following standards: • a.Alcohol may be served to and consumed by patrons in outdoor dining areas, provided that all necessary licenses are acquired. These licenses are to be gathered through the Liquor Commission, the Building Department and the Board of Health. b. The hours of operation of outdoor dining areas may be equal to or less than the hours of operation of the main restaurant. Dining areas which abut residential areas must end outdoor dining and seating by 11 pm. . c. Litter must be cleaned up regularly. 181-145 Optional Affordable Housing Bonus A. A density bonus may be provided by the Planning Board, in return for provision of affordable housing, if the following criteria are met: 1. At least ten (10%) percent of the total dwelling units in a mixed use development may be designated as affordable housing. Affordable housing will be defined as those residential units affordable to a household earning up to eighty percent (80%) of the median income in Agawam's statistical area. 2. The affordable housing units shall include resale, lease or rental controls that will ensure continued affordability by ·future low and moderate income households. Deed restrictions or similar devices shall be used to limit future sale or rental prices for these purposes. 3. The affordable units may be located in an existing structure if their construction constitutes a net increase in the number of dwelling units in the development. B. The Planning Board shall determine the density bonus, which may consist of both of the following: 1. An increase in building height to a maximum of 4 stories; 2. An increase in lot coverage to a maximum of 95%. Dated this ___ day of ______ ----', 2014. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President APPROVED AS TO FORM AND lEGALITY Vincent F. Gioseia, City Solicitor March 2010 • • PRIORITY AREA 1 Walnut Street Extension Total Acreage: 24.70 Total number of Par~~ls: 17 Current ZQning: Business A, Industrial A and Residence A-2 Site Description: The Walnut Street Extension area is the main commercial shopping district fo r the town. Located just over the bridge from West Springfield, this area is also a key gateway to the community. There is a mix of existing commercial businesses and large underutilized / vacant buildings. Public transit service is available during weekdays and Saturdays. Water: Yes, 12" water main, provided by Town ~: Yes, provided by Town Accessibilib1: Excellent Building Tll!es: Commercial and residential Access to Local Amenities: Banks, fast-food, fine-Number of vacant l underutilized properties: dining, pharmacies/drugstores, retail, personal Nineteen services, and day care establishments within or in dose proximity to target area. Adjacent Land Uses and Zonin&= Commercial, light industrial, goverrunent, and residential (mobile home and single family) land uses. Adjacent zoning indudes Business A, Business B, Industrial A and Residence A-2 Districts. Site Constraints: None Soil Limitations: None Brownfiglds: Three TQPQgraph)! Map: At Engineering Department Traffic: High Pul1li~ Transit Available: Yes Development Stratel:)!: Redevelopment of vacant and underutilized properties for retail, commercial, and mixed-use. Encourage design standards that address architectural design, landscaping, pedestrian movement, and traffic flow. Create a village / town center for residents. Consider "green" technology, such as green roofs, as part of redevelopment plan. • Purpose: Background: • • MIXED USE BUSINESS C DISTRICT To foster a greater opportunity for creative development by: • Allowing for a diversity of uses; • Encouraging pedestrian-oriented shopping; • Promoting opportunities for people to work, shop, and socialize within close proximity to where they reside; • Promote high quality, integrated design. The 2010 Agawam Economic Development Plan identified Walnut Street Extension as Priority Area 1 for future economic development. The Plan recommends: "Redevelopment of vacant and underutilized properties for retail, commercial, and mixed-use. Encourage design standards that address architectural design, landscaping, pedestrian movement, and traffic flow. Create a village/town center for residents." Comparison with Business A and Industrial A: Minimum Minimum Minimum Maximum Maximum Maximum Setback Lot Arell Frontage Front Side Yard Rear Yard Height Lot Yard 10fUl 25fUl 35feet Ofeet 2Sfeet 50% N.A. 100 feet 40feet 25feet 2Sfeet 50% N.A. Comparison of Uses Regulated by ZBA: Attached COMPARISON OF USES REGULATED BY ZBA EXISTING ZONING VS BUSINESS C USES DISTRICT SPECIAL PERMIT(SP) YIN Business A Business B Industrial A Business C Drive-inlDrive SP/ZBA SP/ZBA SP/ZBA SP/ZBA Through Restaurant • Drive-through Service SP/ZBA SP/ZBA SP/ZBA SP/ZBA Windows Trucking Tenninals NA SP/ZBA SP/ZBA NA Retail Shopping NA SP/TC* SPITC NA Centers (as defined in 180-48 I) HotelslMotels By Right By Right By Right SP/ZBA Dry Cleaners By Right By Right By Right SP/ZBA Animal Hospitals SP/ZBA SP/ZBA SP/ZBA SP/ZBA Sit Down Restaurants By Right By Right By Right By Right ATM SP/ZBA SP/ZBA SP/ZBA SP/ZBA Industrial Uses NA NA By Right unless NA hazardous or offensive, then ZBA • Motor Vehicle Sales NA NA NA NA Gasoline Filling By Right By Right By Right NA Stations Adult Entertainment SP/ZBA SP/ZBA SP/ZBA NA Junkyard NA NA SP/ZBA NA * There are no parcels in the proposed Business District that can meet the dimension requires for Retail Shopping Centers. / • • Town of Agawam 36 Main Street Agawam, Massach1ts~tts 01001~1837 Tel. 413-786-0400 Fax 413-786-9927 May 19,2014 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 Joseph Mineo, Councilor Donald M. Rheault, Councilor . Robert Rossi, Councilor Anthony Suffriti, Councilor Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on May 1, 2014, the Agawam Planning Board voted to send a positive recommendation to the City Council in favor ofTOR-2014-4 Mixed Use Business C District. In supporting the Mixed Use District, .the Planning Board believes this is a critical first step towards the revitalization of the Walnut Street Extension shopping area. By adopting the amendment: 1. The Town will send a positive message to those interested in the Games and Lanes property that the Town is supportive of its redevelopment. While maximizing the developable area, the Mixed Use District will eliminate the possibility that an industrial use would be located on the site. In addition, it sets clear and concise standards for its redevelopment. Continued . • • private ownership of the property would be in the best interest of the Town of Agawam and Agawam taxpayers since the cost of clean-up would be incurred by a private party, not the taxpayers of the Town. 2. The Town will send a positive message to the many businesses that are located within the proposed Business C District, acknowledging their contribution to the Town in the form of valuable services, tax revenues ($358,429 in 2013) and jobs. The Mixed Use District provides greater flexibility to these business owners/property owners to make improvements to their properties while protecting them from irresponsible development by others. 3. The Town will be eligible for District Local Technical Assistance offered by the Pioneer Valley Planning Commission for studying the parking, pedestrian and traffic demands of the Walnut Street Extension Shopping Area. Preparation of plans and designs to address the critical lack of necessary parking, will enable the Town to apply for up to $1 million in MassWorks grant funds to construct the necessary improvements to make this area economically viable, increase tax revenues, increase employment opportunities and make it a destination for Agawam residents. 4. The Town will show a commitment to zoning reform by replacing regulations drafted over sixty years ago with comprehensive, well conceived, clearly worded regulations that, when implemented, will result in quality development. . The Planning Board supports the Mixed Use Business C District because it is an important step in addressing the issues of blight, contamination, poor parking and traffic flow that have plagued the Walnut Street Extension area for many years. Adoption will benefit the entire community, while inaction may result in additional empty storefronts, loss of tax revenues, job loss and more costly corrective actions in the future. If you have any questions, please contact the Planning Office at 786-0400, extension 8738. Since~~/f7 Mark R. Paleologopoulos, Chairman AGAWAMPL~GBOARD cc: Clerk, Solicitor, File , . • • Town of Agawam Interoffice Memorandum To: CC: From: Date: Subject: Christopher C. Johnson, President Agawam City Council Law Department, Planning Department Mayor Richard A. Cohen April 30, 2014 Games and Lanes Redevelopment Thank you for meeting with the City Solicitor Vince Gioscia; Law Clerk, Will Reichelt; Planning Director, Deb Dachos and me on April 16, 2014 to discuss the next steps for the Games and Lanes property. Property History In 1989, while investigating a spill of gasoline at the site, it was determined that the groundwater was contaminated with chlorinated volatile organic compounds (CVOCs), found in dry cleaning solvents. Between September 1989 and October 1995, 18 groundwater wells were installed on the property. In 1997,66 tons of soil contaminated with CVOC was removed from the site, a pump-and-treat system was installed, and ef- forts to bioremediate the groundwater were initiated. The pump-and-treat system was in operation for three to four years. In 2001, the system was terminated based upon the conclusion that it had operated to its fullest capacity and that no substantial de- crease in contamination would result from continued operation. From 2002 through 2004, other methods to remediate the site were employed. Testing of the monitoring wens continued until 2008 when the property owner obtained Financial Inability Status from MassDEP which protected him from further remediation/monitoring responsibility. The property owner has reported that he has spent approximately $1 million attempting the clean the site. Given that there are CVOCs in the groundwater, the contamination has migrated off site generally in a northeasterly direction. CVOC and its related bi-products have been de- tected at properties located on Walnut Street Extension and Suffield Street. Town Initiated Activities Since 2000, the Town has actively worked with the property owner to identify a potential buyer who could both remediate the contamination and redevelop the site. In • • 2007, the Town applied for and received "Exceptional Opportunity Area" status from the Commonwealth for the Games and Lanes site and the former Food Mart site. Such a designation enables the Town to negotiate Tax Increment Financing (TIF) agreements with prospective tenants/owners. TIF's enhance the desirability of a property. Early on a party with extensive experience with Brownfields was in negotiations with the owner. However, the economic conditions at that time deterred the prospective buyer from pro- ceeding with the purchase. Since then, a few developers have shown interest in the site, but have been dissuaded due to the uncertainty over the extent of the contamina- tion and the expense of remediation. MassDEP had also wished to know the full extent and direction of the plume of contaminated groundwater. In an attempt to define the extent of the contamination and establish realistic remedia- tion costs, the Town retained the services of a Licensed Site Profession (LSP), O'Reilly, Talbot and Okun (OTO), with a $50,000 grant from MassDevelopment. As you are aware, OTO's Phase II Comprehensive Site Assessment and Phase 11/ Remedial Ac- tion Plan was completed at the end of March 2014. In summary, the report finds that the actions which must be taken including additional air and groundwater testing and remediation at off site properties will cost approximately $400,000. This figure does not include demolition of the Games and Lanes building. Currently, there are four parties interested in purchasing the property. All four have been provided with the OTO report. All four have also been in conversations with the property owner. Next Steps As we discussed, the Town would like to pursue the following course of action with the final goal being the redevelopment of the Games and Lanes property. 1. The Town will give the private, interested parties 6 to 8 months to perform their due diligence. A private party taking on the expense and liability associated with the Games and Lanes site would be the most desirable outcome and in the best interest of the Town of Agawam. 2. The Planning Board continues to support the adoption of the Mixed Use C Dis- trict. If the zoning amendment is adopted, the possibility of using the site for in- dustrial purposes would be prevented. Adoption will also ensure that the future development of the site would be in keeping with the overall development plan for the Walnut Street Extension area. 3. During the 6 to 8 month period, the Town will begin the necessary steps to cre- ate a Redevelopment Authority. This will involve developing a Redevelopment Plan, receiving approval of said plan from the Department of Housing and Com- munity Development and then seeking state funding to provide for the clean-up of the property. This would be far less preferable in terms of cost to the Town . . . .' • • than encouraging private development, but would provide a viable solution if a private sale does not take place. 4. The Town may also file a petition to obtain a court order to enter and secure the site. I look forward to working with the Council to achieve an acceptable solution to the diffi- cult issues posed by the Games and Lanes site. The above plan will ultimately result in the remediation/redevelopment of the site. If you have any questions, please do not hesitate to contact me.