8426_ZONE CHANGE SOUTH STREET DROST Z q a (49
Zone Chane
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I;ECEIVED
APPROVED JUL
ZONE CHANGE
CITY OF AGAWAM pLANNING V`�' XRD
IN THE YEAR TWO THOUSAND SIX
AN ORDINANCE TO AMEND THE ZONING ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AGAWAM AS
FOLLOWS:
The Zoning ordinance passed and approved on December 21, 1972, to take effect on
January 1, 1973,entitled "Zoning" is hereby amended by amending from Residence B to
Residence A-5 for property owned by John F. Drost, Jr.,Agawam,Hampden County,
Massachusetts, bounded and described as follows:
Beginning at a concrete bound on the northerly line of said South Street at the
southeasterly corner of said "Parcel A", and at the southwesterly corner of"Parcel B" as
shown on said plan, thence running;
N 630 36' 36" W one hundred eighty one and 39/100 feet (181.39')along said South
Street to a concrete bound at land of Charles Ralph & Elizabeth
Avezzie, thence turning and running;
N 070 55' 14"E one thousand three hundred thirty four and 83/100 feet (1,334.83')
along last'..named land to a concrete bound at land of the
Commonwealth of Massachusetts,thence turning and running;
S 620 48' 13" E one hundred eighty one and 501100 feet (181.50') along last named
land to a point at the northwesterly corner of said "Parcel B", as
shown on said plan,thence turning and ruining;
S 070 53' 23" W one thousand three hundred thirty two and 38/100 feet (1,332.38')
along said"Parcel B"to the point of beginning.
Containiniz an area of 228,940 S . Ft. or 5.255 Acres
John F. Drost,Jr.
Adopted by the Agawam City Council on July 10, 2006
T`
Ursula Relzler
Clerk of the Council
` 0
TOWN OF AGAWAM
INTEROFFICE
MEMORANDUM
To: Planning Board
CC: DPW—J. P. Stone, Supt., Mayor R.A. Cohen, File
From: Engin ng—Geor anne Hoyman,Town Engineer
RECEIVEC
Date: May 2 r, 2006 V,1AY `' ' 2006
Subject- Zone Change Request—194 South Street PLANNING BOARD
Per your request dated, May 2006, the proposed zone change of 25.221 Acre parcel at 194 South St.
and 5.255 Acre parcel at 164 South St. has been reviewed. The following are my comments on
behalf of DPW.
Sanitary Sewer
1. The Towns Sanitary System Masterplan, created by Tighe and Bond Consulting Engineers in
1972, assumes a development density of the area in question as a combination of the following:
4 families per acre (5.255 Acres), 3 families per acre for the majority of the project area, 1
family per 100 feet of frontage along South St., and as open space for a portion of the site near
the stream and where slopes are significant. See attached density mapping utilized for sewer
system design volumes. Potentially, 25 additional residential units would be allowed with the
proposed zone change, compared to the sanitary sewer design assumptions from 1972. One
option is to reduce the area of A5 zoning to the equivalent number of households and the
remainder of area `protected' to not allow development. Thus, the original build out numbers
used to design the current sanitary system would be valid. Alternately, the developer may have
to contribute towards sanitary sewer analysis, design, and construction for capacity upgrades to
the sewer main system or the pump station impacted by the increased flows.
2. The current sanitary sewer within South St. has potential capacity problems at a number of
locations. Sanitary flows from this development would be pumped by the South St. Pump
Station. Flow monitoring to determine available capacity at certain locations of the sanitary
main and evaluation of the pump station capacity would have to be performed. The developer
may have to contribute towards sanitary sewer analysis, design, and construction for capacity
upgrades to the sewer main system or the pump station impacted by the increased flows.
Because of the location of the brook on the South St. side of the parcel, the developer may want
to consider tying into the wet well side of the South St. pump station to avoid the need for a
siphon to cross the brook. Also, this option would not require the use of capacity within the
South St. sewer main.
General Comments—Site Plan Review for Future Proposal
3. As with the development of any parcel within Town, the owner/developer would be responsible
for complying with all requirements of Town Code and the DPW pertaining to water, sewer,
roadway, traffic, and drainage infrastructure. This compliance would include the design and
construction of improvements by the owner's designer and contractor/builder.
4. Two means of egress which are at least 300 feet apart will be required. A traffic impact report by
a professional traffic engineer would be required, including but not limited to intersection sight
distance studies for loth proposed curb cuts, signal warrant analysis and LOS analysis for the
proposed curb cuts and the South St. at Main St. intersections. Traffic equipment improvements
required as a result of the new vehicle trips generated by the project would be the responsibility
of the developer to design, permit, and construct.
5. Water supply in the area of the subject parcel would be modeled by the Town to determine if
any water system upgrades would be required for the development of this parcel. This would be
done as part of the site plan approval process.
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NOTE: POPULATION DENSITIES SHOWN WERE ASSUMED FOR DESIGN PURPOSES
ONLY AND ARE NOT INTENDED TO DESIGNATE LAND USES.
3
EOWARD
J.
U 9AYON M
No 017
N A
AGAWAM, MASSACHUSETTS
POPULATION DENSITIES
TIGHE a BOND, CONSULTING ENGINEERS
HOLYOKE, MASS.
SCALE. 0"- 1200' DATEZ JANUARY, 1972
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
y
Tel. 413-786-0400 Fax 413-786-9927
PLANNING BOARD
June 2, 2006
Donald M.Rheault,President
Robert M. Young, Vice President
George Bitzas, Councilor
Cecilia Calabrese, Councilor
Ruth Carr-Bitzas, Councilor
Gina M. Letellier
Robert A. Magovern, Councilor
Joseph Mineo, Councilor
Dennis Perry, Councilor
Robert Rossi, Councilor
Jill Simpson,Councilor
Agawam Town Council
36 Main Street
Agawam, MA 01001
Dear Councilors:
At its duly called meeting held on June 1, 2006, the Agawam Planning Board voted
unanimously to send a positive recommendation to the Town Council on two Zone Change
requests submitted by John Drost, 194 South Street and Donald Cook, 164 South Street.
Attached, for your use, is the Town Planner's report on these requests.
Sincerely,
Dennis B. Hopkins, Chairman - -
AGAWAM PLANNING BOARD Z-
cc: Clerk, Solicitor, File
1
4 .It Town of Agawam
- 36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
MEMO
TO: AGAWAM PLANNING BOARD
FROM: DEBORAH S. DACHOS, DIRECTOR
OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT
SUBJECT: Zone Change - Drost- South Street
DATE: May 25, 2006
On May 4, 2006, the Town received a request for a zone change for two abutting parcels of land
located at 164 and 194 South Street. Both properties are requesting to be changed to Residence A-5.
The property located at 164 South Street is presently zoned Residence A-2 and Agriculture and 194
is Residence B. Both properties combined consist of 30.47 acres. The properties are located on the
north side of South Street just to the east of Jade Lane.
Attached is a copy of the plan submitted by the applicant showing the proposed zoning reap change.
A copy of the Assessor's map showing the property as it is listed for tax purposes and the tax card
information are also attached.
Land Use and Zoning
As stated above,the property for which the zone change is being requested is currently residentially
zoned in the Residence A-2, Residence B and Agriculture Districts. A copy of the zoning map for
this area has been attached.
The property is presently abutted on the west by Residence A-2 and Agriculture. To the north by
Agriculture,to the east by Agriculture and Residence A-2 and to the south Residence A-2. With the
exception of two single family residences on either side of the property and one encompassed by the .
property, the Veteran's Cemetery is the only other immediate abutter.
Under the present Agricultural District the following uses are allowed: (Please refer to 180-37 of
the Zoning Ordinance which is attached.)
♦ Any use permitted in a Residence A-1 District or A-2 District.
♦ Farms,dairies,nurseries,truck gardens,greenhouses and natural ice harvesting activities and
buildings or structures accessory thereto.
♦ Buildings or shelters for the sale of farm products, provided that a major portion of the
products offered for sale at all times are raised on the premises and no advertising of
products other than those raised on the premises shall be displayed.
♦ The processing of forests and wood lots by portable woodworking mills and machinery for
processing wood cut on the premises, if approved by the Board of Appeals.
♦ Airports and landing strips and buildings or structures necessary thereto, if located west of
Suffield Street.
Under the present Residence A-2 District the following uses are allowed: ( Please refer to § 180-23
of the Zoning Ordinance which is attached. This list is abbreviated.)
♦ Any use permitted in a Residence A-1 District .
♦ A one-family detached dwelling for one (1)housekeeping unit only. Second housekeeping
unit by approval of the Board of Appeals.
♦ the office or studio of a dentist,artist, architect,professional engineer or teacher of scholastic
subjects or a beauty parlor wherein one (1) of the residents is the sole operator.
♦ The renting of rooms and the furnishing of a table board to not more than four(4)persons
in a dwelling occupied as a private residence.
♦ Schools for academic purposes only and community center buildings, except dancing or
bowling and like activities.
♦ Colleges, public libraries or museums, churches or other places of worship, parish houses
and Sunday school buildings.
♦ Private kindergartens and day nurseries
♦ Bus passenger stations or shelters
♦ Telephone a buildings
Un the present Residence B District, the follo uses are allowed: (Please refer to §180-31 of
e Zoning Ordinance which is attached. This list is a viated.)
♦ Any use pe ted in Residence A-l or - i 'ct. A -o-"J
♦ A four-fam'ly structure.
♦ Lodging houses.
♦ Clubs, lodges and social center buildings
♦ Hospitals, sanitariums and charitable institutions
If the zoning is changed to Residence A-5, the property could only be used for an Active Adult
Community. (please refer to § 180-115 of the Zoning Ordinance which is attached):
EnNironmenta[ConsideratiQns
The Cook property, which consists of 25 acres was previously farmed and was taxed under the
Chapter 61A program. The Town voted not to exercise its Right of First Refusal when the property
was sold in September 2004. The property was not recommended for an Agricultural Preservation
Restriction in the 1983 report"Agawam Farmlands:A Plan for Preservation". The majority of the
property which is located at the rear is separated from South Street by a tributary of Three Mile
Brook. Three Mile Brook is considered a river under the Massachusetts Wetlands Protection Act
and, as such, there is a 200 foot protected buffer on each side. The applicant will be required to
submit a Notice of Intent to the Conservation Commission prior to any development.
The "Soil Survey of Hampden County, Massachusetts, Central Part" prepared by the U.S.
Department of Agriculture Soil Conservation Service indicates that the soils on this site are primarily
Agawam and Windsor and have slight limitations for building site development.
Otlher Cousideirations
The Housing Section of the "Town of Agawam Community Development Plan" dated July 2004
contains both short and long term recommendations. The Plan recommends that Agawam's Zoning
Ordinance be amended to allow for"55 and over"housing. By doing so, the plan suggests that such
an option will increase housing for elderly members of the community. There is a growing need for
this type of housing.
If the property was rezoned to Residence A-5, a maximum of four units per acre would be allowed.
As such,the proposed development plan may result in as many as 121 units. A traffic study and site
distance study should be conducted to ensure that the traffic generated by the proposed development
would not have a significant impact on South Street.
Regardless of the number of proposed units, two means of access will be required for any roadway
over 500'in length. Subdivision Rules and Regulations which will apply to the construction of the
roadway in Residence A-5 also requires that intersecting streets be at least 300' apart.
Conclusion
Agawam's older population has grown significantly in the last decade. Between 1990 and 2000,
residents of 55 to 59 years of age have increase by 39%. Residents between the ages of 75 to 84
have increased by over 40%. Residents older than 85 have increased by over 58%. These figures
indicate a trend in Agawam's population. In recent months, Agawam has done quite a lot to address
this increasing need. The recently approved zoning amendment for Assisted Living and the adoption
of the Residence A-5 District have positioned Agawam to better address the needs of its senior
residents.
The South Street property is a parcel which appears suited to this type of development. Neither
environmental issues nor traffic concerns are present at this site. There are also few abutters to the
parcel. If well planned, the proposed development could be an asset to the community.
Proposed Zone Change Submission by Applicant
j
THE TOWN COUNCIL
AGAWAM, MASSACHUSETTS
MAY 4, 2006
THE UNDERSIGNED RESPECTFULLY PETITIONS FOR A CHANGE OF ZONE
ON THE FOLLOWING PARCEL OF LAND:
1. The parcel is located at 164 South Street in the Town of Agawam.
2, The land is designated as Parcel B on the attached survey.
3. A legal description appears on the attached"Description of Parcel B".
4. The current zoning of this parcel is as follows:
a) The southernmost portion of the parcel, fronting South Street and having a
width of approximately 260 feet, is zoned"Residence A".
b) The remainder of the parcel is zoned"Agriculture".
5. The requested new zone is"Residence A-5" (Age Restricted Housing),
RESPECTFULLY SUBMITTED:
Donald H. and Janet M. Cook
0, Z
Donald H. Cook
J et M. Cook
2906
t :� a
Description of Parcel B
A certain parcel of land located on the northerly side of South Street, shown as"Parcel B"
on a plan entitled "Plan of Land in Agawam, MA prepared for 194 South Street Limited
Partnership" by SHERMAN & FRYDRYK Land Surveying & Engineering, dated April
6,2006,bounded and described as follows:
Beginning at a concrete bound on the northerly line of said South Street at the
southwesterly corner of said "Parcel B", and at the southeasterly corner of"Parcel A" as
shown on said plan,thence running;
N 070 53' 23"E one thousand three hundred thirty two and 38/100 feet (1332.381)
along said Parcel A to a point at land of the Commonwealth of
Massachusetts, thence turning and running;
S 610 40' 3 8"E two hundred twenty and 97/100 feet (220.97') along last named
land to an iron pipe,thence turning and running;
S 67" 41' 55" E three hundred eighteen and 88/100 feet(318.88') along last named
land to an iron pipe,thence turning and running;
S 68" 25' 08" E two hundred eighty two and 54/100 feet(282.54')along last named
land to an iron pipe,thence turning and running;
S 01° 06' 00" E one thousand three hundred twenty seven and 56/100 feet
(1327.56') along last named land and land of Barry D. (a.k.a.
Bruno D. Squazza) & Pauline D. Squazza to a point on the
northerly line of said South Street,thence turning and running;
N 740 43' 02" W three hundred forty two and 91/100 feet (342.9l') along said South
Street to a re-bar at the southeasterly corner of land of Thomas &
Paul Sawyer,thence turning and running;
N 150 03' 57" E three hundred thirty and 32/100 feet (330.32') along land last
named land to an iron rod at the northeasterly corner of land of said
Thomas & Paul Sawyer, thence turning and running;
N 710 29' 20" W two hundred ten and 00/100 feet (210.00') along land last named
land to an iron rod at the northwesterly corner of land of said
Thomas & Paul Sawyer, thence turning and running;
C:1Documents and SettingsWark Benoit\My DocumentsTroperties1194 South StreeMningTarcel B-
description.doc
S 140 59' 17" W three hundred thirty and 00/100 feet (330.00') along land last
named land to an iron rod on the northerly line of said South Street,
thence turning and running;
N 670 22' 10" W four hundred sixty three and 40/100 feet(463.40') along said South
Street a point,thence turning and running;
N 63" 36' 36" W three and 94/100 feet (3.94') along said South Street the point of
beginning.
Containing an area of 1.09$659 Sq. Ft. or 25.221 Acres
C:1Documents and SettingslMark BenoitlMy DocumentsTroperties1194 South StreetlZoningTarcei B-
description.doc
FFPV 0
THE TOWN COUNCIL
AGAWAM, MASSACHUSETTS
MAY 4, 2006
THE UNDERSIGNED RESPECTFULLY PETITIONS FOR A CHANGE OF ZONE
ON THE FOLLOWING PARCEL OF LAND:
1. The parcel is located at 194 South Street in the Town of Agawam.
2. The land is designated as Parcel A on the attached survey.
3. A legal description appears on the attached "Description of Parcel A".
4. The current zoning of this parcel is"Residence B".
5. The requested new zone is"Residence A-5" (Age Restricted Housing).
RESPECTFULLY SUBMITTED:
194 th Street Nominee Trust
John st, Jr., Trustee
g 1.0 I �E D
Description of Parcel A
A certain parcel of land located on the northerly side of South Street, shown as "Parcel
A" on a plan entitled "Plan of Land in Agawam, MA prepared for 194 South Street
Limited Partnership" by SHERMAN & FRYDRYK Land Surveying & Engineering,
dated April 6, 2006, bounded and described as follows:
Beginning at a concrete bound on the northerly line of said South Street at the
southeasterly corner of said "Parcel A", and at the southwesterly corner of"Parcel B" as
shown on said plan, thence running;
N 630 36' 36" W one hundred eighty one and 39/100 feet (181.39') along said South
Street to a concrete bound at land of Charles Ralph & Elizabeth
Avezzie, thence turning and running;
N 070 55' 14" E one thousand three hundred thirty four and 83/100 feet (1,334.83')
along last named land to a concrete bound at land of the
Commonwealth of Massachusetts, thence turning and running;
S 62" 48' 13" E one hundred eighty one and 50/100 feet (181.50')along last named
land to a point at the northwesterly corner of said "Parcel B", as
shown on said plan,thence turning and running;
S 070 53' 23" W one thousand three hundred thirty two and 38/100 feet (1,332.38')
along said"Parcel B"to the point of beginning.
Containing an area of 228,940 Sq. Ft. or 5.255 Acres
CADocuments and SettingsWark Benoit\My DocumentslProperties1194 South Street\ZoningTarcel A-
description.doe
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Address: 164 SOUTH ST
Owner: COOK DONALD H , COOK JANET
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Tax Card Information
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Location 194 SOUTH ST Pro Account Number Parcel ID J41 1
Old Parcel ID 9000--
Current Pro a Mailin Address
Owner BIOSVERT HENRY JOSEPH City SAN JOSE
State CA
Address 5142 BELA DR Zip 95129
Zoning AG
Current Property Sales Information
Sale Date 6111/2002 Legal Reference 12379-30
Sale Price 200,000 Grantor(Seller)AGAWAM VETERANS CLUB,
Current Property Assessment
Year 2006 Building Value 117,700
Xtra Features Value 26,000
Land Area 5.700 acres Land Value 137,300
Total Value 281,000
Narrative Descri tion
This property contains 5,700 acres of land mainly classified as FRATRNL with a(n) LODGE style building,
built about 1972 , having CONC BLOCK exterior and ASPHALT roof cover,with 1 unit(s), 0 total room(s),
total bedrooms 0 total baths ,2 total half baths ,0 total 314 baths .
Legal Description
Property Images
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' 11Location 164 SOUTH ST Properly Account_Number 0 Parcel ID J41 19
T Old Parcel ID 6690-0290-6690-0280-
Current Pro Mailing Address
Owner COOK DONALD H City AGAWAM
COOK JANET State MA
Address 164 SOUTH ST Zip 01001-3626
Zonin RA2
Current Property Propeqy Sales Information
$ale Date 111211979 Legal Reference 4859 277
Sale Price 0 Grantor Seller
Current Pro ertv Assessment
Year 2006 Building Value 92,500
Xtra Features Value 24,300
Land Area 25.360 acres Land Value 264,900
Total Value 381,700
Narrative Description
This property contains 25.360 acres of land mainly classified as ONE FAM with a(n) COLONIAL style
wilding, built about 1932 , having CLAPBOARD exterior and ASPHALT roof cover, with 1 unit(s),7 total
rooms 4 total bedrooms , 1 total baths , 1 total half baths 0 total 3/4 baths .
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Agawam Zoning Ordinance
Section 180-23, Section 180-37, Section 180-31 & Section 180-115
i
J
§ 180-34 AGAWAM CODE § 180-37
accessory buildings shall be placed not less than ten (10) feet from the
rear lot fine.
§ 180-35. Lot size.
No lot shall have a frontage of less than one hundred (100) feet on a street
or an area less than twelve thousand (12.000) square feet.
§ 180-36. Lai caverage.
No principal building shall be erected or altered so as to cover more than forty
percent (40%) of the area of the lot on which it is located.
AFMCLE V11
Agricultural Districts
§ 18(}-37. Permiued uses.
In any Agricultural District as indicated on the Building Zone Map. no building
or rather structure small be erected. altered or used and no land shall be used or
occupied for a purpose except one (1) or more of the following:
A Any use permitted in a Residence A-1 or A-2 District. -
B. Farms. dairies. nurseries. truck gardens. greenhouses and natural ice- .
harvesting activities and buildings or structures accessory thereto.
C. Buildings or shelters for the sale of farm products, provided that a
ma'or portion of the products offered for sale at all times are raised an
the premises and no advertising of products other than those raised on
the premises shall be displayed.
D. The processingof forests and wccd lots `k
by portable woodworking rtZiifs
and machinery for processing wood cut on the premises, if approved ^°
y
by the Board oY Appeals.
F. Airports and landing strips and buildings or structures necessary {
thermm. if located west of Suffield Street. ^
i
§ 180-21 ZONING § 180-23
§ 180-21. Lot sip
No lot shall have a frontage of less than one hundred twenty-five (125) feet
on a street or an area of less than seventeen thousand (17,CCC) square feet.
§ 180-22- Lot cmeyrage.
No principal building shall be erected or altered so as to cover more than
thirty percent (30%) of the area of the lot on which it is located.
ART1CI E Ill
Residence A-2 Districts
§ 180-23. Permitted uses.
In any Residence A-2 District as indicated on the Building Zone Map, no
building or other structure shall be erected. altered or used and no land shall be
used or occupied for any'purpose except one (1) or more of the following:
A_ Any use permitted in a Residence A 1 District_
1
B_ A one-famiiy detached dweiling for one (1) housekeeping unit only:
provided. however, that the Board of Appeals, upon an appeal from an
order or decision made by the Inspector of Buildings and if it deems
such action wise and if it shall appear to the Board that such action will
tend to preserve the standard and character of the neighborhood. may
authorize a variation in the use of a one-family dwelling existing at the
time of the adoption of this Article so that such dwelling may be altered
and improved and facilities added for a second housekeeping unit. In
ail such cases the petitioner. as a condition precedent to the privilege
herein granted. shall present adequate plans setting forth the changes
and improvements to be made and snail have secured the written
consent and apprevai of at least three (3) of the following property
owners:
(1) The owner of the !at Cr) either side of the Petitioners property.
(2) The owner of the lot adiacent in the rear of the petitioner's
property.
18C27
}
180_23 AGAVVAM CODE § 180-23
(3) The owner of the lot directiy across the street therefrom. Where
the petitioner is the owner of a lot on either side, in the rear or
across from the property for which a variation is requested, such
lot shall be omitted. in which case written consent and approval
shall be secured from the owner of the property next to that
owned by the petitioner. In ease there are two (2) or more lots
adjacent in the rear or sides of the petitioner's properly, the uwner
of the lot which abuts the greater length on the petitioner's
property shall be deemed the owner of the lot adjacent to the
petitioners property, as used in this section.
In the case of an appeal for a variation involving a dwelling situation
on a carrier lot or so located that the obtaining of the exact numerical
assents of the owner above enumerated is unreasonable or impossible,
the Board of Appeals may grant the variation, provided that the
consents of the property owners are obtained substantially in
accordance with the principals herein set forth as may be .determined
by the Board of Appeals. The power to authorize such variation of the
use of existing dwellings shall be within the sound discretion of the
Board of Appeals, and no variation in use shall be granted unless it
shall be clear that the relief requested will not be detrimental to the best i
interests of the vicinity and will be in harmony with the general purpose
and intent of this chapter. Each case shall be considered on its own
merits, and no case shall raise a presumption in favor of any other case.
No decision of the Board of Appeals shall be considered as changing
or affecting the zoning of any Residence A-2 District.
C. The office or studio of a dentist, artist, architect, professional engineer
or teacher of scholastic subjects residing on the premises or a beauty
parlor wherein one (1) of the residents is the sole operator. The space
occupied by such office. studio or parlor shall not exceed twenty
percent (20%) of the total floor area of the dwwelfing, exclusive of the
basement. No display, sign or other advertising devise shall be
permitted excQpt an interior illuminated, reflective or nonilluminated
professional nameplate having an area of not more than one hundred
forty-tour (144) scuare inches. The studios or offices of dancing or
music teachers. photographers. masseurs. veterinarians. riding schools
and other similar businessiike pursuits are prohibited.
• 18028
1 80-23 ZONING § 180-23
D. The renting of rooms and the furnishing of table board to not more
than four (4) resident persons in a dwelling occupied as a private
residence. No display. sign or other advertising device, illuminated or
otherwise, shall be visible from the street except a nonilluminated
announcement sign having an area of not more than one hundred
forty-four (144) square inches.
E. Schools for academic purposes only and community center buildings,
except dancing or bowling and like activities, provided that there is no
display or advertising visible from the street. other than as permitted in
Subsection C of this section.
F. Colleges. public libraries or museums, churches or other places of
worship, parish houses and Sunday school buildings.
G. Private kindergartens and day nurseries conducted in otherwise
permitted buildings in this district, provided that not more than twenty-
five percent (25%) of the floor area of the building. exclusive of the
basement. is used primarily for this purpose.
H. Bus passenger stations or shelters. not including repair service or
garaging.
1. Telephone exchange buildings.
J. Accessory buildings and uses customarily incident to any use permitted �
in this section. provided that such use shall not be offensive or
dangerous to life by reason of health or fire, and provided further that
such accessory use shall not include any activity conducted for gain. i
No advertising device, whether illuminated or otherwise. shall be
permitted, except that an interior illuminated, reflective or noniliuminat-
ed announcement sign having an area of not more than one hundred
.forty-four (144) square inches may be displayed.
i
K. The keeping and raising of poultry, livestock and pigeons. whether for
the table or other purposes. or other like objectionabie uses are
prohibited. 1
i Private garages. provided that no business, service or industry is
conducted therefrom or therein. Not more than one (1) motor vehic!e
for each rive thousand (5.000) square feet of lot area cr fraction
thereof, nor more than rive (5) motor vehicles, not more than one (1 ) ci
which may be unregistered. shall in any case be kept on the premises.
I
18029
.180-23 AGAWAM CODE § 180-25
Only one (1) such vehicle may be a commercial vehicle and of not
more than three-fourths (3/a) ton"s weight of capacity. Space for motor
vehicles shall not be leased or rented for commercial vehicles. No
commercial vehicles shall be parked on a lot in the open. These space
regulations shall apply to vehicles regularly left on the lot. whether
housed or in the open-
M. Not more than one (1) house trailer may be kept on the premises. The
trailer shall not be used for living quarters while so located. Space shall
not be leased or rented for trailers.
N. Uses outlined in § 180-378 and C. when the line separating a
Residence A-2 District from an Agricultural District runs through a
property not being used for agricultural purposes so that the future use
of the whole property for agricultural purposes would be prohibited.
§ 180-24. Hesght regulations
A A residence building shall not exceed two and one-half (21/2) stories or
more than thirty-five (35) feet in height. Other buildings such as
schools. telephone exchanges and community center buildings and
other uses permitted in § 180-23E shall not exceed fifty (50) feet in
height_ Chimneys, steeples and flag or radio poles are exempt from the
height provision of this section.
B. Accessory buildings or structures, including private garages, shall riot
exceed seventeen (17) feet In height for a one-story building. A one-
and-one-half-story accessory building shall not exceed twenty-five (25)
feet in height.
III
§ 180-25. Setback requirements.
A. No part of any building shall be placed within thirty (30) feet of any
street line.
B. No part of any garage or other accessory buiiding situated witin sixty-
five (65) feet of any street line shall extend within fifteen (15) feet of any
lot line intersecting such street which serves as a side lot line located
in any residence disinct or within fifteen (15) feet of any street line.
18030
i
§ 180-30 ZONING § 180-31
H. The balance of the lot not used for buildings, roadways, drives, streets
or parking area shall be suitably planted and landscaped and
i
maintained_
1. The plans for any such development shall be submitted to the Planning
Board for its approval as to site layout. provisions for handling vehicular
traffic flow, parking area and landscaping before a building permit is
issued.
ART1CLE M
Residence 8 Districts
§ 180-31. Permitted uses.
In any Residence 8 District as indicated on the Building Zone Map, no
building or other structure shall be erected, altered or used and no land shall be
used or occupied for any other purpose eft one (1) or more of the following.-
A, Any use permitted in a Residence A-1 or A-2 Distnct_
8. A two-family dwelling for two (2) housekeeping units. A semidetached
dwelling for two (2) families, provided that there shall not be more than
one (1) family in each half of such dwelling.
C. Notwithstanding any other provision in the above paragraph. no
building or other structure shall be erected, altered or used for
residential purposes which shall a=mmodate or house more than
four (4) families. All four-family buildings or structures used for
residential purposes shall be erected on a parcel of land containing not
less than one (1) acre in area and having not less than one hundred
fifty (150) feet of frontage on a swim-
C. Lodging houses. provided that theme is no display. sign Or Other
advertising device visible from the street. whether illuminated or
otherwise. other than a sign having an area of not more than one
hundred fogy-four (i") square inches. A public restaurant or dining
room shall be permitted as an accessory use in any part of such
building, provided that the dining room and kitchen facilities do not
occupy more than se,/enty-five percent (75%) of te first-floor area or
such building.
18C35
0 0
180-31 AGAWAM CODE § 180-32
E. Clubs, lodges and social center buildings. except those whose chief
activity is a gainful service or activity usually conducted as a business.
including in such excepted uses dancing or bowling and like activities.
provided that there is no display or advertising visible from the street
other than that permitted in Subsection 0 of this section-
F. Hospitals, sanitariums or charitable institutions, except those for
contagicus diseases. for the care of epileptics or drug or liquor patients.
for correctional purposes or for the care of the insane or feebleminded_
C_ Private garages, provided that no business, service or industry is
conducted therefrom or therein. Not more than one (1) motor vehicle
shall be kept for each two thousand five hundred (2,500) square feet of
lot area. except that three (3) vehicles may be kept, in any case, not
more than one (1) of which may be unregistered. Only one (1) such
vehicle may be a commercial vehicle of not more than one and one-
half (1 Yz) tons weight of capacity. Space shall not be leased or rented
for a commercial vehicle. No commercial vehicle shall be parked on a
lot in the open. These space regulations shall apply to vehicles regularly
left on the lot, whether housed or in the open.
H. Not more than one (1) house trailer for each resident family may be
kept on the premises. The trailer shall not be used for living quarters
while so located. Space shall not be rented or leased for trailers.
§ 180-32- Height regutabom
A. A dwelling or lodging house shall not exceed two and one-half (21/2)
stories or thirty-five (35) feet. Churches, schools, colleges, libraries.
town buildings. clubs. lodges, social center buildings, hospitals and
such institutional buildings shall not exceed fifty (50) feet in height.
Chimneys, steeples and flag or radio poles are exempt from the height
provisions.
B. Accessory buildings or structures. including private garages, shall not
exceed seventeen (17) feet in height for a one- or one-and-one--naif-
story building. A two-story accessory building shall not exceed twenty-
five (25) feet in height.
18036
(2) Said application shall contain sufficient inforination so that the Plaiming Board
can determine the applicability of said application for the following items:
(a) Is consistent with the Master Plan of the Town of Agawam;
(b) Preserves and protects the character of the town and especially the
immediate neighborhood, giving due consideration to such features as
public safety including traffic control and traffic impact upon surrounding
roads; development of adequate facilities for the use of the residents of
said proposal; adequate fire protection,public health including sewerage
disposal, drainage and water supply; and the compatibility of the size,
location, architecture and landscaping of said project with the adjacent
neighborhood and the Town;
(c) Minimizes potential adverse environmental impacts upon the Town;
(d) Is likely to result in a financially stable, soundly and attractively
constructed and'welI managed and maintained project, and
(e) Conforms to.the specific provisions of this Bylaw including the design
guidelines of this section.
(3) Said Site Plata Approval.shal I not be issued unless the Planning Board
affirmatively determines that each of the above listed criteria is met by said
applicant.
D. USE REGULATIONS
�^ 1 r-
The following uses shall be permitted in an ACTIVE ADULT COMNILTN1TY: �j � go
(1) One family detached dwellings;
(2) Two family detached dwellings-
(3) Recreational uses and community facilities such as parrs,gardens, swimming
pools, termis courts, clubhouses and community buildings;
(4) Accessory uses customarily incidental and subordinate to the principal uses listed
above,but expressly excluding any commercial or retail enterprises.
-3-
w •
TOWN OF AGAWAM
INTEROFFICE
MEMORANDUM,
To: Planning Board
CC: DPW—J. P. Stone, Supt., Mayor R.A. Cohen, File
From: Engin cring—Geor a Hoyman, Town Engineer
i
/ RECE IVE
Date: May 2 , 2006 MAY 2006
Subject: Zone Change Request—194 South Stree pL01,N '!G
Per your request dated, May 2006, the proposed zone change of 25.221 Acre parcel at 194 South St.
and 5.255 Acre parcel at 164 South St. has been reviewed. The following are my comments on
behalf of DPW.
Sanitary Sewer
1. The Town's Sanitary System Masterplan, created by Tighe and Bond Consulting Engineers in
1972, assumes a development density of the area in question as a combination of the following:
4 families per acre (5.255 Acres), 3 families per acre for the majority of the project area, 1
family per 100 feet of frontage along South St., and as open space for a portion of the site near
the stream and where slopes are significant. See attached density mapping utilized for sewer
system design volumes. Potentially, 25 additional residential units would be allowed with the
proposed zone change, compared to the sanitary sewer design assumptions from 1972. One
option is to reduce the area of A5 zoning to the equivalent number of households and the
remainder of area `protected' to not allow development. Thus, the original build out numbers
used to design the current sanitary system would be valid. Alternately, the developer may have
to contribute towards sanitary sewer analysis, design, and construction for capacity upgrades to
the sewer main system or the pump station impacted by the increased flows.
2. The current sanitary sewer within South St. has potential capacity problems at a number of
locations. Sanitary flows from this development would be pumped by the South St. Pump
Station. Flow monitoring to determine available capacity at certain locations of the sanitary
main and evaluation of the pump station capacity would have to be performed. The developer
may have to contribute towards sanitary sewer analysis, design, and construction for capacity
upgrades to the sewer main system or the pump station impacted by the increased flows.
Because of the location of the brook on the South St. side of the parcel, the developer may want
0 0
to consider tying into the wet well side of the South St. pump station to avoid the need for a
siphon to cross the brook. Also, this option would not require the use of capacity within the
South St. sewer main.
General Comments— Site Plan Review for Future Proposal
3. As with the development of any parcel within Town, the owner/developer would be responsible
for complying with all requirements of Town Code and the DPW pertaining to water, sewer,
roadway, traffic, and drainage infrastructure. This compliance would include the design and
construction of improvements by the owner's designer and contractor/builder.
4. Two means of egress which are at least 300 feet apart will be required. A traffic impact report by
a professional traffic engineer would be required, including but not limited to intersection sight
distance studies for both proposed curb cuts, signal warrant analysis and LOS analysis for the
proposed curb cuts and the South St. at Main St. intersections. Traffic equipment improvements
required as a result of the new vehicle trips generated by the project would be the responsibility
of the developer to design,permit, and construct.
S. Water supply in the area of the subject parcel would be modeled by the Town to determine if
any water system upgrades would be required for the development of this parcel. This would be
done as part of the site plan approval process.
'07 1
f�ldHu
-ILL
17�019
ESM
C ON GTJC 85
RECREATIONAL & OPEN SPAC
= DRAINAGE DIVIDES
14 FAMILIES PER ACRE
= 20FAMILIES PER ACRE
= I FAMILY PER ACRE
= IVAMILIES PER ACRE
= 2 FAMILIES PER ACRE
= 3 FAMILIES PER ACRE
= 4 FAMILIES PER ACRE
- twin
ir
NOTE: POPULATION DENSITIES SHOWN WERE ASSUMED FOR DESIGN PURPOSES
ONLY AND ARE NOT INTENDED TO DESIGNATE LAND USES.
�a�Sn OF Aff
3
fib? EOWARD
J.
BPYON YI
v
No 017 �Q
�,Po�f6 6P
Fs NA
AGAWAM, MASSACHUSETTS
POPULATION DENSITIES
TIGHE a BOND, CONSULTING ENGINEERS
HOLYOKE, MASS.
SCALE: I"= 1200' DATE: JANUARY, 19T2
MEMO
To: Planning Board
From: Sgt. Richard NILES, Safety Officer
Subject: Proposed Zone Change- 194 South Street- Drost
Date: 05/19/2006
Insufficient data submitted for a comment as to the effect on pedestrian,bicycle, and or motor
vehicle traffic safety.
Ex.: Is the purpose of the proposed zone change to allow for the construction of one single
family home or for the sub-division of the property for multiple homes?
Respectfully Submitted
Sgt. Richard NILES
Safety Officer, Agawam Police Department
PUNNI0,41, A D
Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837
ATED Mp
` Tel. 413-786-0400 Fax 413-786-9927
MEMO
TO: Building Inspector
Safety Officer r '
Dire Department`
Health Department
Conservation Commission
Engineering Department/DPW
Board of Appeals
School Committee
Assessors
FROM: Planning Board
DATE: May 15, 2006
SUBJECT: Proposed Zone Change -194 South Street - Drost
John Drost,Jr. has submitted a zone change request from Residence B to Residence A-5 for
property at 194 South Street.
The Planning Board will be holding its public hearing on this proposal on Thursday, June 1,
2006. We would appreciate any comments you may have prior to this hearing.
Sincerely,
Dennis B. Hopkins, Chairman
AGAWAM PLANNING BOARD
DBH/DSD.prk
40 P,
Michael R. Mercedante
Fire Inspector
A Je yam Fire t) pa�� t
THE TOWN COUNCIL
AGAWAM,MASSACHUSETTS
MAY 4, 2006
THE UNDERSIGNED RESPECTFULLY PETITIONS FOR A CHANGE OF ZONE
ON THE FOLLOWING PARCEL OF LAND:
1. The parcel is located at 194 South Street in the Town of Agawam.
2. The land is designated as Parcel A on the attached survey.
3. A legal description appears on the attached"Description of Parcel X .
4. The current zoning of this parcel is "Residence B".
5. The requested new zone is"Residence A-5" (Age Restricted Housing).
RESPECTFULLY SUBMITTED:
194 th Street Nominee Trust
John st,Jr"Trustee
a
WAR
D
A }
Description of Parcel A
A certain parcel of land located on the northerly side of South Street, shown as "Parcel
A" on a plan entitled "Plan of Land in Agawam, MA prepared for 194 South Street
Limited Partnership" by SHERMAN & FRYDRYK Land Surveying & Engineering,
dated April 6, 2006,bounded and described as follows:
Beginning at a concrete bound on the northerly line of said South Street at the
southeasterly corner of said "Parcel A", and at the southwesterly corner of"Parcel B" as
shown on said plan, thence running;
* 630 36' 36" W one hundred eighty one and 39/100 feet (181.39') along said South
Street to a concrete bound at land of Charles Ralph & Elizabeth
Avezzie,thence turning and running;
N 070 55' 14" E one thousand three hundred thirty four and 83/100 feet (1,334.83 )
along last named land to a concrete bound at land of the
Commonwealth of Massachusetts,thence turning and running;
S 620 48' 13"E one hundred eighty one and 501100 feet(181.50')along last named
land to a point at the northwesterly corner of said "Parcel B", as
shown on said plan,thence turning and running;
S 070 53' 23" W one thousand three hundred thirty two and 38/100 feet (1,332.38')
along said"Parcel B"to the point of beginning.
Containing an area of 22K240 Sq. Ft. or 5.255 Acres
C:1Documents and SettingsWark BenoitWy DocumentsTropertics1144 South Stre6Zoning\Parcel A-
description.doe
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Ma Tel. 413-786-0400 Fax 413-786-9927
MEMO
TO: Building Inspector
Safety Officer
Fire Department
Health Department
Conservation Commission
Engineering Department/DPW
Board of Appeals
School Committee
Assessors
FROM: Planning Board
DATE: May 15, 2006
SUBJECT: Proposed Zone Change-194 South Street - Drost
John Drost, Jr. has submitted a zone change request from Residence B to Residence A-5 for
property at 194 South Street.
The Planning Board will be holding its public hearing on this proposal on Thursday, June 1,
2006. We would appreciate any comments you may have prior to this hearing.
Sincerely,
Dennis B. Hopkins, Chairman
AGAWAM PLANNING BOARD
DBH/DSD:prk
Town of Agawam
';• 36 Main Street Agawam, Massachusetts 01001-1837
z�
o May` Tel. 413-786-0400 Fax 413-786-9927
May 15, 2006
Dear Abutter:
John Drost Jr. has submitted"to the Town a request for a zone change on property located on 194
South Street. The property contains approximately 5.25 acres and is currently zoned Residence
B and Agriculture. The request is to zone this parcel Residence A-5.
The Assessors Office lists you as an abutter and therefore must be notified of the upcoming
public hearing. The Planning Board will be holding a public hearing on this request on
Thursday, June 1, 2006 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,
Dennis B. Hopkins, Chairman
AGAW AM PLANNING BOARD
DBH/DSD:prk
Sebastian Ciarcia Albert Woszczuna
22 Jade Lane 17 South Brooke Lane
Agawam, MA 01001 Agawam, MA 01001
Commonwealth of Massachusetts Alex G. Efstratios
One Ashburton Place 34 Jade Lane
Boston, MA 02108 PID K4 12 Agawam, MA 01001
Joseph B. Gagnon Ursula Sawyer
14 Jade Lane 138 South Street
Agawam, MA 01001 Agawam, MA 01001
Robert Gottsche Anna Martin
78 South Street 14 South Brooke Lane
Agawam, MA 01001 Agawam, MA 01001
Frederick& Patricia Demers Thomas D. Suffriti
143 South Street 117 South Street
Agawam,MA 01001 Agawam; MA 01001
Charles O. Cavanaugh, Jr. Raymond C. Kinney
73 Hunter's Greene Circle 227 South Street
Agawam, MA 01001 Agawam, MA 01001
Robert H. Stoddard Charles Ralph Avezzie
155 South Street 204 South Street
Agawam, MA 01001 Agawam, MA 01001
Lawrence W. Rinaldi U Edward E. Whalley
41 Jade Lane 232 South Street
Agawam MA 01001 Agawam,MA 01001
Barry D. Squazza Denis Dion
92 South Street 197 South Street
Agawam MA 01001 Agawam, MA 01001
William C. Cavanaugh Frank Decaro
185 South Street 369 School Street
Agawam, MA 01001 Agawam, MA 01001
Maureen Beaulieu John Langevin
109 South Street 31 South Brooke Lane
Agawam, MA 01001 Agawam, MA 01001
Henry Joseph Boisvert Lisa Rhodes
5142 Bela Drive 31 Jade Lane
San Jose, CA 95129 Agawam, MA 01001
Carl G. Rolandini Deborah C. Cooke
88 South Street 215 South Street
Agawam, MA 01001 Agawam, MA 01001
Nikolay lvanenko Nicholas Andringa
72 South Street 175 South Street
Agawam MA 01001 Agawam, MA 01001
Paul Oliver George E. Belhumeur, Jr.
455 Hall Hill road 103 South Street
Somers, CT 06071 Agawam, MA 01001
Esther B. Straszko LIT Mawaga Sporting Club
169 South Street P.O. Box 57
Agawam, MA 01001 Agawam, MA 01001
William D. Robinson
Robert H. Cocchi Sr. 32 South Street
19 Jade Lane Agawam, MA 01001
Agawam,MA 01001
Michele Fazio Margaret Vancini LIT
205 South Street 191 South Street
Agawam, MA 01001 Agawam, MA 01001
Constance Chicketti George A. Bruso
141 South Street 123 South Street
Agawam, MA 01001 Agawam, MA 01001
Edward Markowski, Sr. Donald Cook
216 Babbs Road - 164 South Street
West Suffield, CT 06093 Agawam, MA 01001
Holly Thompson William C. Cavanaugh
286 South Street 185 South Street
Agawam, MA 01001 Agawam, MA 01001
Page 1 of 1
Abutters
To Parcel J4 1 18
BIOSVERT HENRY JOSEPH
5142 BELA DR
SAN 30SE , CA 95129
PID: K4 1 2
PID; 33 2 12 COMMONWEALTH OF MAE
PID: 34 1 23 PID: J3 2 11 COUSONE ASHBURTON PL
CIARCIA SEBASTIAN KINNEY RAYMOND C 46 MIN ST P.0,JAM B &J 27 BOSTON , MA 02108 PID:
22 JADE LANE 227 SOUTH ST CHICO46 MAIN E P.O. BOX 327 12
AGAWAM , MA 01001 AGAWAM , MA 01001-3627 01021- 3 FALLS , MA COMMONWEALTH OF MAE
01021-0327 ONE ASHBURTON PL
BOSTON , MA 02108
PID: 13 2 4 PID: 33 2 36 PID: 33 2 3 PID: J3 2 38
STRASZKO ESTHER B L T WOSZCZUN4 ALBERT J STODDARD ROBERT H LANGEVIN JOHN H+
169 SOUTH ST 17 50. BROOKE LANE 155 SOUTH ST 31 SO BROOKE LANE
AGAWAM , MA 01001-3693 AGAWAM, , MA 01001-3675 AGAWAM , MA 01001-3693 AGAWAM, , MA 01001-36
PID: 35 1 11 PID: 34 1 11 PID: 34 1 17
MAWAGA SPORTING CLUB THOMPSON HOLLY AVEZZIE CHARLES RALPH
P 0 BOX 57 286 SOUTH ST 204 SOUTH ST
AGAWAM , MA 01001-0057 AGAWAM , MA 01001-3696 AGAWAM , MA 01001-3628
PID: 14 1 19 PID: 34 1 24 PID; 14 1 25 PID: 34 1 16
COOK DONALD H EFSTRAT1OS ALEX G RINALDI LAWRENCE W II RHODES LISA B
164 SOUTH ST 34 JADE LANE 41 JADE LANE 31 JADE LANE
AGAWAM , MA 01001-3626 AGAWAM , MA 01001 AGAWAM , MA 01001 AGAWAM , MA 01001
PID: 14 1 26 PID: 14 1 22 PID: 14 1 27 PID: 34 1 20
COCCHI ROBERT H SR + GAGNON JOSEPH B WHALLEY EDWARD E J SAWYER URSULA S
19 JADE LN 14 JADE LANE 232 SOUTH STREET 138 SOUTH ST
AGAWAM , MA 01001 AGAWAM , MA 01001-1748 AGAWAM , MA 01001-1748 AGAWAM , MA 01001-362
PID: 13 2 34 PID: 33 2 9 PID: 33 2 8 PID: 33 2 7
COOKE DEBORAH C FAZIO MICHELE DION DENIS + VANCINI MARGARET C Lf
215 SOUTH ST 205 SOUTH ST 197 SOUTH ST 191 SOUTH ST
AGAWAM , MA 01001-3694 AGAWAM , MA 01001-3694 AGAWAM , MA 01001-3693 AGAWAM , MA 01001-36S
PID: 33 2 35 PID: J3 2 6 PID: 13 2 5 PID; 13 2 2
MARTIN ANNA CAVANAUGH WILLIAM C ANDRINGA NICHOLAS 3 CHICKETTI CONSTANCE
14 SOUTH EROOKE LN 185 SOUTH ST 175 SOUTH ST 141 SOUTH ST
AGAWAM , MA 01001-3672 AGAWAM , MA 01001-3693 AGAWAM , MA 01001-3693 AGAWAM , MA 01001-36S
PID: J3 2 1
DEMERS FREDERICK PID; J3 2 37
PATRICIA H. HADDEN ]ANET R
143 SOUTH ST 28 SOUTH BROOKE LANE
AGAWAM , MA 01001-3693 AGAWAM , MA D1001 3672
http://hosting.tighebond,com/agawam/(S(nzndnc45xtxjutgy2punif45))/Parcel_Results.aspx... 5/11/2006
To: Plann_ninTgpa rd
FromUrsula Retzler, Council Clerk _
Subject: _
Zone Change
Date:__. May 8, 2006
ZONE CHANGE - from Residence B to Residence- A--�
on 194 South Street for-John
Recei yed by. Gaunc-iL CIprk from Building Department en
May 8, 2006.
Submitted to Planning Beard on May 8, 2006.
Notice will appear on Administrative Report.
S1gne�.
ri
t
r
H-1209
THE TOWN COUNCIL
AGAWAM, MASSACHUSETTS
MAY 4, 2006
THE UNDERSIGNED RESPECTFULLY PETITIONS FOR A CHANGE OF ZONE
ON THE FOLLOWING PARCEL OF LAND:
1. The parcel is located at 194 South Street in the Town of Agawam.
2. The land is designated as Parcel A on the attached survey.
3. A legal description appears on the attached "Description of Parcel A".
4. The current zoning of this parcel is"Residence B".
5. The requested new zone is"Residence A-5" (Age Restricted Housing).
RESPECTFULLY SUBMITTED:
194 th Street Nominee Trust
John st,Jr., Trustee
r . �
Description of Parcel A
A certain parcel of land located on the northerly side of South Street, shown as "Parcel
A" on a plan entitled "Plan of Land in Agawam, MA prepared for 194 South Street
Limited Partnership" by SHERMAN & FRYDRYK Land Surveying & Engineering,
dated April 6, 2006, bounded and described as follows:
Beginning at a concrete bound on the northerly line of said South Street at the
southeasterly corner of said "Parcel A", and at the southwesterly corner of"Parcel B" as
shown on said plan, thence running;
N 630 36' 36" W one hundred eighty one and 39/100 feet (181.39') along said South
Street to a concrete bound at land of Charles Ralph & Elizabeth
Avezzie,thence turning and running;
N 070 55' 14"E one thousand three hundred thirty four and 83/100 feet (1,334.83')
along last named land to a concrete bound at land of the
Commonwealth of Massachusetts, thence turning and running;
S 62"48' 13"E one hundred eighty one and 50/100 feet (181.50') along last named
land to a point at the northwesterly corner of said "Parcel B", as
shown on said plan, thence turning and running;
S 070 53' 23"W one thousand three hundred thirty two and 38/100 feet (1,332.38')
along said"Parcel B"to the point of beginning.
Containing an area of 228,940 Sq. Ft.-or 5.255 Acres
CADocuments and SettingsWark Benoit\My Documents\Properties1194 South Street\ZoningTarcel A-
description.doc
Town of Agawam
a,
36 Main Street Agawam, Massachusetts 01001-1837
yc�
Tel. 413-786-0400 Fax 413-786-9927
MEMO
TO: AGAWAM PLANNING BOARD
FROM: DEBORAH S. DACHOS, DIRECTOR
OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT
SUBJECT: Zone Change- Drost- South Street
DATE: May 25, 2006
On May 4, 2006, the Town received a request for a zone change for two abutting parcels of land
located at 164 and 194 South Street. Both properties are requesting to be changed to Residence A-5.
The property located at 164 South Street is presently zoned Residence A-2 and Agriculture and 194
is Residence B. Both properties combined consist of 30.47 acres. The properties-are located on the
north side of South Street just to the east of Jade Lane.
Attached is a copy of the plan submitted by the applicant showing the proposed zoning map change.
A copy of the Assessor's map showing the property as it is listed for tax purposes and the tax card
information are also attached.
Land Use and Zoning
As'stated above, the property for which the zone change is being requested is currently residentially
zoned in the Residence A-2, Residence B and Agriculture Districts. A copy of the zoning map for
this area has been attached.
The property is presently abutted on the west by Residence A-2 and Agriculture. To the north by
Agriculture,to the east by Agriculture and Residence A-2 and to the south Residence.A-2. With the
exception of two single familvy residences on either side of the property and one encompassed by the .
property, the Veteran's Cemetery is the only other immediate abutter.
Under the present Agricultural District the following uses are allowed: (Please refer to 180-37 of
the Zoning Ordinance which is attached.)
♦ Any use permitted in a Residence A-1 District or A-2 District.
♦ Farms,dairies,nurseries,truck gardens,greenhouses and natural ice harvesting activities and
buildings or structures accessory thereto.
♦ Buildings or shelters for the sale of farm products, provided that a major portion of the
products offered for sale at all times are raised on the premises and no advertising of
products other than those raised on the premises shall be displayed.
♦ The processing of forests and wood lots by portable woodworking mills and machinery for
processing wood cut on the premises, if approved by the Board of Appeals.
♦ Airports and landing strips and buildings or structures necessary thereto, if located west of
Suffield Street.
Under the present Residence A-2 District the following uses are allowed: (Please refer to § 180-23
of the Zoning Ordinance which is attached. This list is abbreviated.)
♦ Any use permitted in a Residence A-1 District .
♦ A one-family detached dwelling for one (1) housekeeping unit only. Second housekeeping
unit by approval of the Board of Appeals.
♦ the office or studio of a dentist,artist, architect, professional engineer or teacher of scholastic
subjects or a beauty parlor wherein one (1) of the residents is the sole operator.
♦ The renting of rooms and the furnishing of a table board to not more than four(4)persons
in a dwelling occupied as a private residence.
♦ Schools for academic purposes only and community center buildings, except dancing or
bowling and like activities.
♦ Colleges, public libraries or museums, churches or other places of worship,parish houses
and Sunday school buildings.
♦ Private kindergartens and day nurseries
♦ Bus passenger stations or shelters
♦ Telephone exchange buildings
Under the present Residence B District, the following uses are allowed: (Please refer to §180-31 of
the Zoning Ordinance which is attached. This list is abbreviated.)
♦ Any use permitted in Residence A-1 or A-2 District.
♦ A four-family structure.
♦ Lodging houses.
♦ Clubs, lodges and social center buildings
♦ Hospitals, sanitariums and charitable institutions
If the zoning is changed to Residence A-5, the property could only be used for an Active Adult
Community. (please refer to § 180-115 of the Zoning Ordinance which is attached):
Environmental Considerations
The Cook property, which consists of 25 acres was previously farmed and was taxed under the
Chapter 61 A program. The Town voted not to exercise its Right of First Refusal when the property
was sold in September 2004. The property was not recommended for an Agricultural Preservation
Restriction in the 1983 report"Agawam Farmlands:A Plan for Preservation". The majority of the
property which is located at the rear is separated from South Street by a tributary of Three Mile
Brook. Three Mile Brook is considered a river under the Massachusetts Wetlands Protection Act
and, as such, there is a 200 foot protected buffer on each side. The applicant will be required to
submit a Notice of Intent to the Conservation Commission prior to any development.
The "Soil Survey of Hampden County, Massachusetts, Central Fart" prepared by the U.S.
Department of Agriculture Soil Conservation Service indicates that the soils on this site are primarily
Agawam and Windsor and have slight limitations for building site development.
Other Considerations
The Housing Section of the "Town of Agawam Community Development Plan"dated July 2004
contains both short and long term recommendations. The Plan recommends that Agawam's Zoning
Ordinance be amended to allow for"55 and over"housing. By doing so,the plan suggests that such
an option will increase housing for elderly members of the community. There is a growing need for
this type of housing.
If the property was rezoned to Residence A-5, a maximum of four units per acre would be allowed.
As such,the proposed development plan may result in as many as 121 units. A traffic study and site
distance study should be conducted to ensure that the traffic generated by the proposed development
would not have a significant impact on South Street.
Regardless of the number of proposed units, two means of access will be required for any roadway
over 500'in length. Subdivision Rules and Regulations which will apply to the construction of the
roadway in Residence A-5 also requires that intersecting streets be at least 300` apart.
Conclusion
Agawam's older population has grown significantly in the last decade. Between 1990 and 2000,
residents of 55 to 59 years of age have increase by 39%. Residents between the ages of 75 to 84
have increased by over 40%. Residents older than 85 have increased by over 58%. These figures
indicate a trend in Agawam's population. In recent months,Agawam has done quite a lot to address
this increasing need. The recently approved zoning amendment for Assisted Living and the adoption
of the Residence A-5 District have positioned Agawam to better address the needs of its senior
residents.
The South Street property is a parcel which appears suited to this type of development. Neither
environmental issues nor traffic concerns are present at this site. There are also few abutters to the
parcel. If well planned, the proposed development could be an asset to the community.
Proposed Zone Change Submission by Applicant
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Tax Card Information
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ocation 194 SOUTH ST Property Account Number Parcel ID J41 1
Old Parcel ID 9000--
Current Property Mailing Address
Owner BIOSVERT HENRY JOSEPH City SAN JOSE
State CA
Address 5142 BELA DR Zip 95129
Zoning AG
Current Property Sales Information _
�E7SM—eDate 611112002 Legal Reference 12379-30
e Price 200,000 Grantor Seiler AGAWAM VETERANS CLUB
Current P-roperty Assessment
Year 2006 Building Value 117,700
Xtra Features Value 26,000
Land Area 5.700 acres land Value 137,300
Total Value 281,000
Narrative Description
his property contains 5.700 acres of land mainly classified as FRATRNL with a(n) LODGE style building,
built about 1972 , having CONC BLOCK exterior and ASPHALT roof cover, with 1 unit(s), 0 total room(s),
total bedrooms , 0 total baths , 2 total half baths , 0 total 314 baths .
Legal Description
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Location 164 SOUTH ST Pro ert Account Number 0 Parcel ID J4 1 191
Old Parcel ID 6690-0290 -6690-0280 -
____ Current Property_ Mailing_Address_
Owner COOK DONALD H City AGAWAM
COOK JANET State MA
' Address 164 SOUTH ST Zip 01001-3626
Zoning RA2
Current Property Sales Information
Sale Date 1112/1979 Legal Reference 4859 277
Sale Price 0 Grantor(Seller)
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Current Property Assessment - - --
Year 2006 Building Value 92,500
Xtra Features Value 24,300
Land Area 25.360 acres Land Value 264,900
Total Value 381,700
Narrative Description-_--
iThis property contains 25.360 acres of land mainly classified as ONE FAM with a(n) COLONIAL style
1 building, built about 1932 , having CLAPBOARD exterior and ASPHALT roof cover, with 1 unit(s), 7 total
(rooms , 4 total bedrooms , 1 total baths , 1 total half baths , 0 total 314 baths .
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Agawam Zoning Ordinance
Section 180-23, Section 180--37, Section 180-31 & Section 180-115
/.
§ 180-34 AGAWAM CODE § 180-37
accessory buildings small be placed not less than ten (10) feet from the
rear lot line.
§ 1 80-35. Cat SUP—
No lot shall have a frontage of less than one hundred (100) feet on a street
cr an area less than twelve thousand (12.000) square feet.
§ 180-36. Lot coverage.
No principal building shall be erected or altered so as to cover more than forty
percent (40%) of the area of the lot on which it is located.
ARTICLE VII
Agricultural Dls�
§ 180-37. Permiaed uses.
In any Agricultural District as indicated on the Building Zone Map, no building
or other structure shall be erected. altered or used and no land shall be used or
occupied for a purpose except one (1) or more of the following:
A Any use permitted in a Residence A-t or A-2 District.
S. Farms. dairies. nurseries, truck gardens, greenhouses and natural ice- -_
harvesting activities and buildings or structures accessory thereto.
C. Buildings or shelters for the sale of farm products, provided that a
major portion of the products offered for sale at all times are raised on
the premises and no advertising of products other than those raised an �-
the premises shall be displayed.
D. The processing of forests and wood lass by portable woodworking mills
and machinery for processing wood cut on the premises, if approved
by the Board cf Appeais.
E. Airports and landing srrips and buildings or structures necessary
thereto. if located west of Suffield Street.
18038
T
F
a
i
§ 180-21 ZONING § 180-23 f
§ 180-21. Lot same.
No tot shall have a frontage of less than one hundred twenty-five (125) feet
on a street or an area of less than seventeen thousand (17,000) square feet.
§ 180-22- Lot caneIrage.
No principal building shall be erected or altered so as to cover more than
thirty percent (30%) of the area of the lot on which it is located.
ARTICLE llt
1lesidenc$ A-2 Disuicts
§ 180-23. Rermced uses`
In any Residence A-2 District as indicated on the Building Zone Map, no
building or other structure shall be erected, altered or used and no land shall be f
used or occupied for any'purpose except one (1) or more of the following: f
A. Any use permitted in a Residence A-1 District.
B. A one-family detached dwelling for one (1) housekeeping unit cniy:
provided, however, that the Board of Appeals, upon an appeal from an
order or decision made by the Inspector of Buildings and if it deems }}
such action wise and if it shall appear to the Board that such action will I
tend to preserve the standard and character of the neighborhood. may
authorize a variation in the use of a one-family dwelling existing at the
time of the adoption of this Article so that such dwelling may be altered
and improved and facilities added for a second housekeeping unit. In
all such cases the petitioner. as a condition precedent to the privilege
herein granted, shall present adequate plans setting forth the changes
and improvements to be made and strap have secured the written
consent ard apprcval of at least three (3) of the following property
owners:
(1) The owner of the !ot on either side of the petitioner's property.
i
(2) The owner of the lot adjacent in the rear of the petitioner's
property.
f
ISC27
i
9
§ 180-23 AGAWAM CODE § 180-23
f
(3) The owner of the lot directly across the sweet therefrom. Where
the petitioner is the owner of a lot on either side, in the rear or
across from the property for which a variation is requested, such
lot shall be omitted. in which case written consent and approval
shall be secured from the owner of the property next to that
owned by the petitioner. In case there are two (2) or more lots
adjacent in the rear or sides of the petitioners property. the owner
of the lot which abuts the greater length on the petitioner's
property shall be deemed the owner of the lot adjacent to the
petitioner's property, as used in this section.
In the case of an appeal for a variation invciving a dwelling situation
on a corner lot or so located that the obtaining of the exact numerical
assents of the owner above enumerated is unreasonable or impossible.
the Board of Appeals may grant the variation, provided that the
consents of the property owners are obtained substantially in
accordance with the principals herein set forth as may be determined
by the Board of Appeals_ The power to authorize such variation of the
use of existing dwellings shall be within the sound discretion of the
Board of Appeals, and no variation in use shall be granted unless it
shall be clear that the relief requested will not be detrimental to the best
interests of the vicinity and will be in harmony with the general purpose
and intent of this chapter. Each case shall be considered on its own
merits, and no case shall raise a presumption in favor of any other case.
No decision of the Board of Appeals shall be considered as changing
or affecting the zoning of any Residence A-2 District.
C. The office or studio of a dentist. artist. architect. professional engineer
or teacher of schoiasstic subjects residing on the premises or a beauty
parlor wherein one (1) of the residents is the sole operator. The space
occupied by such office, studio or parlor shall not exceed twenty
percent (20°fo) of the total floor area of the dwelling, exclusive of the
basement. No display. sign or other advertising devise shall be
Permitted except an interior illuminated. reflective or noniiluminated
professional namepiate having an area of not more than one hundred
forty-four (144) square inches. The studios or offices of dancing ar
music teachers. photographers. masseurs. veterinarians. riding schoois
and other similar businesslike pursuits are prohibited_
I
i
18028
1-80-23 ZONING § 180-23
D. The renting of roams and the furnishing of table board to not more
than four (4) resident persons in a dwelling occupied as a private
residence. No display, sign or other advertising device illuminated or
otherwise, shall be visible from the street except a nonilluminated
announcement sign having an area of not more than one hundred
forty-four (144) square inches.
E. Schools for academic purposes only and community center buildings.
except dancing or bowling and like activities. provided that there is no
display or advertising visible from the street, other than as permitted in
Subsection C of this section.
F. Colleges. public libraries or museums. churches or other places of
worship. parish houses and Sunday school buildings.
G. Private kindergartens and day nurseries conducted in otherwise
permitted buildings in this district. provided that not more than twenty-
five percent (251%) of the floor area of the building, exclusive of the
basement, is used primarily for this purpose.
H. Bus passenger stations or shelters. not. including repair service or
garaging.
1. Telephone exchange buildings.
J. Accessory buildings and uses customarily incident to any use permitted
in this section. provided that such use shall not be offensive or
dangerous to life by reason of health or fire. and provided further that
such accessory use shall not include any activity conducted for gain_
No advertising device, whether illuminated or otherwise. shall be
permitted. except that an interior illuminated. reflective or nonilluminat-
ed announcement sign having an area of not more than one hundred
forty-four (144) square inches may be displayed.
K. The keeping and raising of poultry, livestock and pigeons, whether for
the table or oilier purposes. or other like objectionable uses are
prohibited.
L Private garages. provided that no business. service or industry is
conducted therefrom or therein. Not more than one (1) motor vehicle
for each five thousand (5.000) square feet of lot area or fraction
thereof. nor more than five (5) motor vehicles. not more than one (1) of
which may be unregistered. shall in any case be kept on the premises.
i
r .
18029
§ 180-23 AGAWAM CODE § 180-25
Only one (1) such vehicle may be a commercial vehicle and of not
more than three-fiourths (3/a) ton's weight of capacity. Space for motor
vehicles shall not be leased or rented for commercial vehicles. No
commercial vehicles shall be parked on a lot in the open. These space
regulations shall apply to vehicles regularly left on the lot. whether
housed or in the open.
M. Not more than one (1) house trailer may be kept on the premises. The
trailer shall not be used for living quarters while so located_ Space shall
not be leased or rented for trailers.
N. Uses outlined in § 180-37B and C. when the line separating a
Residence A-2 District from an Agricultural District runs through a
property not being used for agricultural purposes so that the future use
of the whole property for agricultural purposes would be prohibited_
§ 180-24. Height regulatiom
A. A residence building shall not exceed two and one-half (21/2) stories or
more than thirty-five (35) feet in height. Other buildings such as
schools. telephone exchanges and community center buildings and
other uses permitted in § 180-23E shall not exceed fifty (50) feet in
height. Chimneys. steeples and flag or radio poles are exempt from the
height provision of this section.
B. Accessory buildings or structures. including private garages. shall not
exceed seventeen (17) feet in height for a one-story building. A one-
and-one-half-story accessory building shall not exceed twenty-five (25)
feet in height.
§ 180-25. Setback requirements.
A. No part of arty building shall be placed within thirty (30) feet of any
street line.
B_ No part of any garage or other accessory building situated within sixty-
flve (65) feet of any street line shall extend within fifteen (15) feet of any
iot line intersecting such street which serves as a side lot line located
in any residence district or within fifteen (15) feet of any street line.
18030
i
§ 180-30 ZONING § 180-31
H. The balance of the lot not used for buildings, roadways, drives. streets
or parking area shall be suitably planted and landscaped and
maintained_ '
i
I. The plans for any such development shall be submitted to the Planning
Board for its approval as to site layout provisions for handling vehicular
traffic flow, parking area and landscaping before a building permit is
issued.
ARTICLE M
Reskdence B Districts
§ 180-31. Permiwd uses.
In any Residence B. District as indicated on the Building Zone Map, no
building or other structure shall be erected. altered or used and no land shall be
used or occupied for any other purpose eaccEo one (1) or more of the following:
A. Any use permitted in a Residence A-1 or A-2 District.
B. A two-family dwelling for two (2) housekeeping units. A semidetached
dwelling for two (2) families, provided that there shall not be more than
one (1) family in each half of such dwelling.
C. Notwithstanding any other provision in the above paragraph. no
building or other structure shall be erected. altered or used for
residential purposes which shall accommodate or house more than
four (4) families. All four-family buildings or structures used for
residential purposes shall be erected on a parcel of land containing not
less than ane (1 ) acre in area and having not Tess than one hundred
fifty (150) feet of frontage on a street.
D. Lodging houses, provided that ttem is no display, sign or other
advertising device visible from the street. whether illuminated or
otherwise. other than a sign hawing an area of not more than one
hundred forty-four (14Z) square inches. A public restaurant or dining
room shall be permitted as an accessory use in any part of such
building, provided that the dining room and kitchen facilities do not
occupy more than seventy-five percam (715%) of the first-floor area of
such building.
l
18035
I �
§ 180-31 AGAWAM CODE § 180-32
E. Clubs. lodges and social center buildings, except those whose chief
activity is a gainful service or activity usually conducted as a business.
including in such excepted uses dancing or bowling and like activities.
provided that there is no display or advertising visible from the street
other than that permitted in Subsection D of this section.
F. Hospitals, sanitariums or charitable institutions. except those for
contagious diseases. for the care of epileptics or drug or liquor patients.
for correctional purposes or for the care of the insane or feebleminded.
G. Private garages, provided that no business, service or industry is
conducted therefrom or therein. Not more than one (i) motor,Vehicle
shall be kept for each two thousand five hundred (2,500) square feet of
lot area. except that three (3) vehicles may be kept. in any case. not
more than one (1) of which may be unregistered. Only one (1) such
vehicle may be a commercial vehicle of not more than one and one-
half (1 V/z) tons' weight of capac*. Space shall not be leased or rented
for a commercial vehicle. No commercial vehicle shall be parked on a
lot in the open. These space regulations shall appty to vehicles regularly
left on the lot, whether housed or in the open.
H_ Not more than one (1) house trailer for each resident family may be
kept on the premises_ The trailer shall not be used for living quarters
while so located. Space shall not be rented or leased for trailers.
180-32- Height regulations.
A. A dwelling or lodging house shall not exceed two and one-half (21/z)
stories or thirty-five (35) feet. Churches, schools. colleges. libraries.
town buildings, clubs. lodges. social center buildings, hospitals and
such institutional buildings shall not exceed fifty (50) feet in height.
Chimneys, steeples and flag or radio poles are exempt from the height
provisions.
S. Accessory buildings or structures. including private garages. shaJ not
exceed seventeen (17) feet in height for a one- or one-and-one-half-
story building. A two-story accessory building shall not exceed tvvenrt -
`rve (25) feet in height.
18036
(2) Said application shall contain sufficient information so that the Planning Board
can detennine the applicability of said application for the following items:
(a) Is consistent with the Master Plan of the Town,of Agawam;
(b) Preserves and protects the character of the town and especially the
immediate neighborhood, giving due consideration to such features as
public safety including traffic control and traffic impact upon surrounding
roads; development of adequate facilities for the use of the residents of
said proposal; adequate fire protection,public health including sewerage
disposal, drainage and water supply; and the compatibility of the size;
location, architecture and landscaping of said project with the adjacent
neighborhood and the Town;
(c) Minimizes potential adverse environmental impacts upon the Town;
(d) Is likely to result in a financially stable, soundly and attractively
constructed and'well managed and maintained project, and
(e) Conforms to the specific provisions of this Bylaw including the design
guidelines of this section.
(3) Said Site Plan Approval shall not be issued unless the Planning Board
affinnatively detcrniines that each of the above listed criteria is met by said
applicant.
D. USE REGULATIONS
The following uses shall be permitted in an ACTIVE ADULT COMMUNITY,
(1) One family detached dwellings;
(2) Two family detached dwellings;
(3) Recreational uses and community facilities such as parks, gardens, swimming
pools, teimis courts, clubhouses and community buildings;
(4) Accessory uses customarily incidental and subordinate to the principal uses listed
above,but expressly excluding any commercial or retail enterprises.
-3-