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8426_ZONE CHANGE SOUTH STREET DROST Z q a (49 Zone Chane �Ih She+ �osfi- �la�n • Ord 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. . r . Suffield :: .•, .• U . ;,; I Y � 1 • • ' ��4 ) vhd A Yj� 's..p ti{y r kra •• •'y •• 1 �C Ta�"�- � e �� .� cam. 1l � f :• � - sLt S "� r ' •- u41i fiti�t Iva "� S oo � tb: S ! . � I � Y +J' > ♦ J • �� t IIRi. • 1+• •y• t add,I �'� ` � �i�.. Y 1 Y hrf g $ ate, ' i •'. R BSI �x`� Y�e�^ X.,�.¢ 1 p: + , - �� 11 yam• _� +_ �X 1 I BM � \ �'.�'I �'� F ° tiro ` ' • !I i "t- it ' � �� � �. .P4 � ••: 2j \ ' � I � 4b"T+k� 1 • i - C' ICIXT 1 g I CONN _ _ , ECREATIONAL Sk OPEN SPA( 1 = RAINAGE DIVIDES ' `b = 14 FAMILIES PER ACRE _ WINE& ..E,. = 20 FAMILIES PER ACRE = I FAMILY PER ACRE ! = Ik FAMILIES PER ACRE = 2 FAMILIES PER ACRE = 3 FAMILIES PER ACRE = 4 FAMILIES PER ACRE 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 • PARCEL MAP Print Page l of l r a • • n AV' e• 0 #4 14 1-19 a % Will 0 jR Mr Gn C a . ,ajE zam Web MaPpIng ]his data is provided for referance a':iy This is not a Parcel Map legal document. The data provided here may be out of date due to differant update schedules. ParcelID: J4 1 14 Address: 164 SOUTH ST Owner: COOK DONALD H , COOK JANET http://hosting.tighebond.com/agawam/(S(za3lht555cOhtO45etsu5545))/print.aspx?maptype... 5/25/2006 E'rint Page 1 of 1 NEW ; � � ■ .Xo 1 s +�► r, r�l err OEM I WIN 0 do . CHAREST LM Q .4 • L1 0 * of H S7 04 a d ; Oil 4fty 1a .• t ' Agiallwam Web HappiffiX fh�s data is provided for reference only. This is not a Parcel Map legal document. The data provided here may be out of date due to differant update schedules. ParcelID: 14 1 18 Address: 194 SOUTH ST Owner: BIOSVERT HENRY JOSEPH , http://hosting.tighebond.corn/agawam/(S(za31ht555cOhtO45ctsu5545))/print.aspx?maptype... 5/25/2006 Print Page I of I IF 16 •1 'i x. ,11 O M �G 7q . -CHARESTL�! SOUTHS7 k,. af -it O S '+3 i A20ZVM Web MOMW This data is provided for referance only. This is not a Aerial Photo legal document. The data provided here may be out of date due to differant update schedules. Parce[ID: 14 1 18 Address: 194 SOUTH ST Owner: BIOSVERT HENRY JOSEPH , http://hosting.tighebond.com/agawam/(S(za3lht5 5 5 cOhtO45 ctsu5 545))/print.aspx?maptype... 5/25/2006 Tax Card Information Page l of I Card t of t 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 7 http://agawam.patriotproperties.com/summary-bottom.asp 5/25/2006 Page 1 of 1 Card l of i 0 ' 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 . Legal Description . Property Images g e EFP (1dGJ 12 2? war SFL M RWT B (1006j .FP 34 f'�1 2 t6 n http://agawam.patriotproperties.com/summary-bottom.asp 5/25/2006 ♦p♦% MAPI++1+# sec � � ♦�.i++#.+##*##+.";"`�++, Abb qw db • i ! y .. � ♦�#� +jam. � +,++t.a���ii.+.� " r • 4+ji fi••j+if 44•i• • ^4 i.i i4• �i�i�i� �*11�« • • #+�+ ►4144i � # ♦ � • i f 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 PARCEL MAP Print Page 1 of 1 s ■1~. i 1% # .- r % ■ fAL +; -- X do I 70 In ■ 4j Akd Web Mapov This data is provided for referance only. This is not a Parcel M a p legal document. The data provided here may be out of date due to differant update schedules. ParcelID: 14 1 19 Address: 164 SOUTH ST Owner: COOK DONALD H , COOK JANET http://hosting.tighebond.comlagawam/(S(za3lht555cOhtO45ctsu5545))/print.aspx?maptype... 5/25/2006 Print Page 1 of 1 R � ■ • 4 �� �► L3 ED vCUTH S7- CHAREST Lh! LiAga f "� • • * r, �U4 + ' Q` I 4 t R t OIL r hill rV* �O' :* ram. ` t 4 am 9ftwoob MI#Awfw This data is provided for referance only. This is not a Parcel Map legal document.The data provided here may be out of date due to differant update schedules. ParcelID: 34 1 18 Address: 144 SOUTH ST Owner: BIOSVERT HENRY 3OSEPH , http://hosting.tighebond.com/agawam/(S(za3lht555cOhtO45ctsu5545))/print.aspx?maptype... 5/25/2006 Page 1 of 1 -ram'. '�►.. ,{ --- Ilk 4 T � + rl Pok -n' } a a `'�1iti k O o � CHARST Lh4 : 4 y' # S7 It V. 9� t1t,t�xr•rtr� This data is provided for referance only. This is not a Aerial Photo legal document. The data provided here may be out of date due to different update schedules. Parcelin: A i 1S Address: 194 SOUTH ST Owner: B]OSVERT HENRY JOSEPH , http://hosting.tighebond.com/agawam/(S(za3lht555cOhtO45ctsu5545))/print.aspx?maptype... 5/25/2006 Tax Card Information Page 1 of 1 Carol 1 of 1 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 Property Images :y a { 4 http://agawam.patriotproperties.com/summary-bottom.asp 5/25/2006 Page 1 of l Card [ of 1 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) �E 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 . Legal Des�on- Property Images e I E P (17D) 12 22 2 I OAT F, 3FL FFL ! gm- E (aocel EFP 'e - 1sa) # l 2 1e 38 http:;:/agawam.patriotproperties,comisummary-bottorn.asp 5/25i2006 ► r- •y+•♦ ►�+'gym+•i••i ♦♦++♦♦♦+♦♦;+*f+�♦♦+♦+♦♦♦ ww • Ak do I :���� • +♦tit 1�t•1�! 1••t' • fit•!+s«` r�♦+� � � . i 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-