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8428_ZONING AMENDMENT PLANNING BOARD HISTORIC STRUCTURES - PLACES
zqa ? zonI 4nic"4."'."t F�J�UYiC y�-Vc�tXP/ Pace-s Cr>nnM kS b n� ` " aoo(o- S C zc-'"X306-w 16) 'own of Agawam z y 36 Main Street Agawam, Massachusetts 01001-1837 e�P Tel. 413-786-0400 Fax 413-786-9927 PLANNING BOARD August 22, 2006 n Donald M. Rheault, President ca Robert A. Magovern, Vice President _ George Bitzas, Councilor rvp in Cecilia Calabrese, Councilor W fi cc Ruth Carr-Bitzas, Councilor Gina M. Letellier Joseph Mineo, Councilor Dennis Perry, Councilor Robert Rossi, Councilor Jill Simpson, Councilor Robert M. Young , Councilor Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on August 17, 2006, the Agawam Planning Board voted to ask that the proposed zoning amendment entitled "Historic Structures/Places"be withdrawn without prejudice in order that the Planning Board redraft the amendment based upon input received at the Town Council's public hearing and future anticipated workshops to be held with the Zoning Review. Committee and the Ordinance Committee. Sincerely, Dennis B. Hopkins, Chairman Agawam Planning Board cc: Mayor, Clerk, Historical Commission, File MEMO TO: Vincent Gioscia, Town Solicitor FROM: Planning Board SUBJECT: Proposed Zoning Amendment- Historic Places & Historic Structures DATE: August 3, 2006 Please review the attached proposed Zoning Amendment regarding Historic Places and Historic Structures "as to form" and place in the proper format as soon as possible. The Town Council may be acting on this Monday evening (August 7 ). Thank you. DSD:prk Debbie DachosAr�awam Planning Dept.) From: massplanners-bounces@cs.umb.edu on behalf of Proakis, George[GProakis@lowellma.gov] Sent: Tuesday, August 01, 2006 4:54 PM To: massplanners@cs.umb.edu Subject: Re: [Massplanners] Mill Reuse Bylaws Let me start by echoing Jeff Lacy's comment about the uniformity requirement. Talking to Bob Ritchie on this one would be a good start. I think many times Town Consel is too concerned about the uniformity provision. The regulation in 40A says that a zoning bylaw "shall be uniform within the district for each class or kind of structures or uses permitted" . I don't think it is unreasonable to argue that an old mill built before 1950, or an old church that has been a religous site for 50 years is a different 'kind' of structure than a new apartment building. Therefore, while you may need to treat each old 1880 's mill building with similar provisions, it does not say that you have to have the same setback, lot area, height and use requirements for such a building as you also have for the development of a new apartment building. While there may be something in particular about one city or town's individual strategy for doing a conversion ordinance that may violate 40A. I do know that such bylaws has been successfully implemented elsewhere so they must be possible. Lowell' s zoning ordinance is here: http://w-ww.lowellma.gov/depts/dpd/permitting Section 8.1 specifically allows for the conversion of certain 'kinds' of structures into residential uses, subject to a Planning Board special permit, and usually site plan review as well. The regulation waives the strict requirements of the dimensional table through this special permit for these particular structures. This has allowed us to convert buildings in our residential and commercial neighborhoods that are no longer appropriate for industrial use. We also do many mill conversions downtown, under the 'Artist Overlay District' regulation of the Zoning ordinance, but that regulation relates to our urban center where we have mostly structured parking and first-floor retail buildings throughout the area. - George ---------------------------------- George J. Proakis, AICP Chief Planner City of Lowell, Massachusetts 50 Areand Drive Lowell, MA 01852 Phone: (978) 446-7245 E-mail: gproakis@lowellma.gov Web: http://www.lowellma.gov/ ---------------------------------- -----Original Message----- From: massplanners-bounces@cs.umb.edu [mailto:massplanners-bounces@cs.umb.edu]On Behalf Of Buck, Michelle Sent: Tuesday, August 01, 2006 1:55 PM To: Doug McLean; massplanners@cs.umb.edu Subject: Re: [Massplanners] Mill Reuse Bylaws I am very interested in responses to this question. Leicester had proposed an "Adaptive Reuse Overlay District" (which applied to mills and abandoned public buildings) at the May 2006 Town Meeting, but Town Counsel was concerned that might violate the uniformity requirements of Chapter 40A. We withdrew the article. I'm supposed to be re-writing our draft to address this concern for our Fall Town Meeting, and I'd be interested to hear how others have dealt with the issue. Michelle R. Buck, AICP Leicester Town Planner 1 -----Original Message---- From: massplanners-bounces@cs.umb.edu [mailto:massplanners-bounces@cs.umb.edu] On Behalf Of Doug McLean Sent: Tuesday, August 01, 2006 12:42 PM To: massplanners@cs.umb.edu Subject: [Massplanners] Mill Reuse Bylaws Fellow Planners, I am a UMass grad student doing research for the EOEA regarding Mill Reuse Bylaws. can anyone provide helpful info on the following: 1) Which Mass municipalities have bylaws specifically related to Mill Reuse? 2) How successful has it been in each case? 3) Ideas/advice for drafting an ideal Mill Reuse bylaw. 4) Contacts/resources pertinent to the subject. Thanks all, Doug McKean Masters of Regional Planning Candidate Department of Landscape Architecture and Regional Planning University of Massachusetts, Amherst dougmclean303@yahoo.com (413) 341-3193 Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com MassPlanners mailing list MassPlanners@cs.umb.edu http://mailman.cs.umb.edu/mailman/listinfo/massplanners MassPlanners mailing list MassPlanners@cs.umb.edu http://mailman.cs.umb.edu/mailman/listinfo/massplanners MassPlanners mailing list MassPlanners@cs.umb.edu http://mailman.cs.umb.edu/mailman/listinfo/massplanners 2 Page 68 ARTICLE VIII SPECIAL RESIDENTIAL REGULATIONS SECTION 81 CONVERSION OF EXISTING BUILDINGS 8.1.1 Purpose. The purpose of this provision shall be to promote the preservation of significant historic buildings and neighborhood landmarks, thereby enhancing the community's appearance and extending our common architectural legacy for future generations.The intent of this provision shall be to enable such buildings to be adapted to new use requirements,while exerting strict control over the preservation of all exterior features. This provision is designed to encourage the adaptive reuse of such buildings where such reuse would more effectively promote,preserve,and enhance the architectural character of the surrounding neighborhood than would the redevelopment of the site following the demolition of these landmark structures. 8.1.2 Applicability. 1. In all residential and mixed-use districts,any large existing structure,having been constructed more than sixty years ago and historically part of a mill complex or used for religious or educational purposes(including churches,convents, schools,rectories,and parish halls or centers),may,together with the original attached accessory structures,be altered so as to contain two(2)or more dwelling units by special permit granted by the Planning Board provided the following requirements are met. 2. In SMF, SMU, TMF, TMU, NI3,UMF,UMU,DMU, and INST Districts,any large existing residential structure,having been constructed more than sixty years ago,may,together with the original attached accessory structures,be altered as to contain two(2)or more dwelling units provided any required special use permits are obtained and the following requirements are met. 3. Projects located within the boundaries of the Artist Overlay District need not meet the conditions outlined below but are subject to the requirements of section 9.2.5. 8.1.3 Conditions. 1. The minimum lot area per dwelling unit(as defined in section 5.1.2.2)required by the underlying zoning district in section 5.1 is provided. In the SSF and TSF districts a minimum lot area of 3000 square feet per dwelling unit must be provided. 2. At least two(2)parking spaces per dwelling unit are provided on the lot, Where the lot does not provide sufficient area to accommodate parking,parking may be provided on another lot located within 400 feet of the primary entrance to the structure by special permit. Any off-site parking area must be owned by the same parry or parties as the lot with the building being converted. All parking areas must conform to all applicable landscaping, screening,dimensional,and other requirements established herein. 3. The exterior design of the structure is not substantially altered. 4. The minimum floor areas.shall be seven hundred fifty(750)square feet for studio or one-bedroom units,and nine hundred(900)square feet for units with two or more bedrooms. 5. The original building area is not increased more than ten(I0)percent of its gross floor area. Additions and I/ alterations made to comply with the requirements of the Americans with Disabilities Act are not subject to this limit. 6. Usable open space requirements are met. �' 7. Existing buildings being converted under the terms of this section are not subject to the minimum setbacks, Page 69 maximum building height,or maximum number of stories requirements listed in Section 5.1. Additions or alterations to the existing structures are subject to the height and setback requirements of the underlying zone. 8. Existing buildings on existing lots that are deficient in frontage may be converted under the terms of this section without a variance,but existing lots which meet or exceed the minimum required frontage may not be subdivided in such a manner as to leave the existing building on a lot that lacks the minimum required frontage. 9. If any of the thresholds outlined in Section 11.4.2 are met and the project is not subject to the exemptions provided under Section 11.4.3,site plan review and approval by the Planning Board must be obtained along with the required special permit. 10. The Planning Board may grant a special permit to waive the minimum lot area per dwelling unit and/or usable open space requirements if the proposed project complies with all other requirements of this section 8.1.3,does not require any variances,and the Board finds that adequate public recreational opportunities exist in the neighborhood to serve the residents of the project and the proposed project will not detract from the health,safety,and welfare of the occupants and owners of surrounding properties. 8.1.4 Variance Required. In the event that conversion is proposed and the conditions set forth above cannot be met,a variance is required from the Board of Appeals. Such variance shall be in addition to and must be advertised separately from any special permits otherwise required. SECTION 8.2 PLANNED RESIDENTIAL DEVELOPMENT(PRD) 8.2.1 Purpose. In a Planned Residential Development(PRD) the dimensional requirements of individual lots are relaxed in exchange for a set-aside of passive open space and active recreational areas for common or public use within the overall development parcel. The PRD also clusters building sites thereby minimizing the amounts of roadway, utilities,and other infrastructure that must be developed and ultimately maintained by the City of Lowell for a given number of building sites. The overall density of the development remains consistent with or below the density of existing City zones. This approach requires a special permit to be granted by the approval of a comprehensive development plan by the Lowell City Council,along with subdivision approval by the Lowell Planning Board. The PRD requirements set forth in this Section govern the project with the approval of the comprehensive plan. Permits for projects that do not conform to the existing zoning cannot be issued without this approval. PRD is a land use permitted only by special permit in the zones designated in the Table of Uses, Section 4.2. Therefore, approval of a planned development comprehensive plan and authorization to utilize the dimensional and other requirements permitted for Planned Residential Developments does not constitute a zoning amendment as defined in Chapter 40A of the Massachusetts General Laws. 8.2.2 Eligibility Requirements. To be eligible for a special permit for a PRD,the following specifications must be met: 1. The development site must contain not less than five(5)contiguous acres of land. The applicant must provide proof of ownership or an option to purchase all of these lands at the time of application. The applicant must have ownership of all of these lands in order to execute any special permit rights should they be granted. 2. The development site must not be defined in such a manner as to completely encircle any parcel not owned by the applicant or]cave any such parcel without access. 3. The applicant must have a comprehensive development plan for the entire development site,to include all facilities necessary to comply with applicable sanitary,building,and public safety codes and ordinances of the City of Lowell and Commonwealth of Massachusetts,and must be designed,constructed,and maintained in accordance with the statutes, regulations, and ordinances of the City of Lowell and the Commonwealth of Massachusetts. - TownofAgawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 P�4 -dcc)(o C-2 C -- (u June 19, 2006 Agawam Town Council Donald M. Rheault, President ; Robert A. Magovern, Vice President C? George Bitzas, Councilor �\ Cecilia Calabrese, Councilor Ruth Carr Bitzas, Councilor Gina Letellier, Councilor Joseph Mineo, Councilor Dennis Perry, Councilor Robert E. Rossi, Councilor Jill P. Simpson, Councilor Robert M. Young, Councilor Dear Councilors: At its duly called meeting held on June 15, 2006, the Agawam Planning Board voted to send a positive recommendation to the Town Council in support of the"Historic Structures and Historic Places"zoning amendments. The purpose of the amendments which were drafted by the PIanning Board is to provide viable alternatives to the demolition of Agawam's historic structures. The Planning Board would be happy to meet to discuss these amendments prior to your public hearing on July 5,2006. If you have any questions in the interim,please contact the Planning Office at 786-0400, extension 283. 'ncerely,� Dennis B. Hopkins, Chairman p > Agawam Planning Board _ n'z cc. Clerk,Mayor, Solicitor, Building, File A? C=; G3 rr AN ORDINANCE TO AMEND ARTICLE I, § 180-8, OF THE CODE OF THE TOWN OF AGAWAM (Initiated by the Agawam Planning Board) co g/o� WHEREAS, Article I, § 180-8, The Zoning By Law, of the Code of the Town of Agawam stipulates Supplementary Regulations; and WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § 8 to amend Article I, § 180-8 by adding a new subsection L; and WHEREAS, the amendment proposes to allow Special Permits for the preservation and enhancement of historic structures and historic places; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND ARTICLE I, § 180-8, OF THE CODE OF THE TOWN OF AGAWAM, BY ADDING SUBSECTION L, TO READ AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article IX, Section 180-8. Supplementary Regulations; L. Historic Structures and Historic Places. The Agawam Zoning Board of Appeals, may grant Special Permits to authorize actions upon and uses of historic structures and historic places that would not otherwise comply with the Zoning By Law of the Town of Agawam, if such actions or uses are in the Town of Agawam's best interest to preserve and enhance historic structures and historic places. Such Special Permit shall require, as a precedent for application, positive votes and reports from the Agawam Historical Commission and Agawam Planning Board and positive reports from the Agawam Fire Department and Agawam Safety Officer. Such Special Permit shall be subject to Site Plan Approval of the Agawam Planning Board, approval of the Agawam Fire Department, approval, when applicable, of the Agawam Health Department and other such conditions as the Agawam Zoning Board of Appeals may determine. r f (0 (1) Eligibility: A historic structure or historic place must meet one of the following criteria: a. is included in the Agawam Inventory of Historic Structures prepared by the Agawam Historical Commission, as amended from time to time, including buildings listed for which complete surveys may be pending; or b. is listed on. or is within an area listed on the National Register of Historic Places or is subject of a pending application for listing on the National Register of Historic Places, or has been determined to be eligible by the Massachusetts Historical Commission for listing, either individually, or within an historic district, on the National Register of Historic Places. (2) Uses: Allowed Uses, if found to be appropriate by the Agawam Zoning Board of Appeals, shall be limited to: residential, professional offices, bed and breakfast homes allowing a maximum of one week's stay, medical and dental offices, retail, sit down restaurants, art and photo studios, hair and nail salons, day spas, museums, community theater and performance arts spaces. k • • 9 I DATED THIS DAY OF 2006 . PER ORDER OF THE AGAWAM TOWN COUNCIL Donald M. Rheault, President Agawam Town Council PROV D AS FORM AND LEGALITY Vincent Gioscia, Acting Town Solicitor ;E r AN ORDINANCE TO AMEND ARTICLE I, § 180-2, OF THE CODE OF THE TOWN OF AGAWAM (initiated by the Agawam Planning Board) WHEREAS, Article I, § 180-2, The Zoning By Law, of the Code of the Town of Agawam stipulates Definitions and Word Usage; and WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § 5 to amend Article I, § 180-2 adding new definitions; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND ARTICLE I, § 180-2, OF THE CODE OF THE TOWN OF AGAWAM, BY ADDING DEFINITIONS, AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article I, Section 180-2. Definitions and Word Usage; Add: HISTORIC STRUCTURES AND HISTORIC PLACES — A historic structure or historic place shall meet one of the following criteria: a. Included in the Agawam Inventory of Historic Structures prepared by the Agawam Historical Commission, as amended from time to time, including buildings listed for which complete surveys may be pending; or b. Listed on or is within an area listed on the National Register of Historic Places or is subject of a pending application for listing on the National.Register of Historic Places, or has been determined to be eligible by the Massachusetts Historical Commission for listing, either individually, or within an historic district, on the National Register of Historic Places. SHALL —Where used shall be construed as mandatory. r f 9 . DATED THIS DAY OF 2006. PER ORDER OF THE AGAWAM TOWN COUNCIL Donald M. Rheault, 'President Agawam Town Council A ROV D AS FORK! AND LEGALITY it Vincent Gioscia, Acting Town Solicitor 1 AN ORDINANCE TO AMEND ARTICLE I, § 180-2, OF THE CODE OF THE TOWN OF AGAWAM (Initiated by the Agawam Planning Board) WHEREAS, Article I, § 180-2, The Zoning By Law, of the Code of the Town of Agawam stipulates Definitions and Word Usage; and WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § 5 to amend Article I, § 180-2 adding new definitions; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND ARTICLE I, § 180-2, OF THE CODE OF THE TOWN OF AGAWAM, BY ADDING DEFINITIONS, AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article I, Section 180-2. Definitions and Word Usage; Add: HISTORIC STRUCTURES AND HISTORIC PLACES — A historic structure or historic place shall meet one of the following criteria: a. Included in the Agawam Inventory of Historic Structures prepared by the Agawam Historical Commission, as amended from time to time, including buildings listed for which complete surveys may be pending; or b. Listed on or is within an area listed on the National Register of Historic Places or is subject of a pending application for listing on the National Register of Historic Places, or has been determined to be eligible by the Massachusetts Historical Commission for listing, either individually, or within an historic district, on the National Register of Historic Places. SHALL —Where used shall be construed as mandatory AN ORDINANCE TO AMEND ARTICLE I, § 180-8, OF THE CODE OF THE TOWN OF AGAWAM (Initiated by the Agawam Planning Board) WHEREAS, Article I, § 180-8, The Zoning By Law, of the Code of the Town of Agawam stipulates Supplementary Regulations; and WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts Genera( Laws Chapter 40A § 5 to amend Article I, § 180-8 by adding a new subsection L; and WHEREAS, the amendment proposes to allow Special Permits for the preservation and enhancement of historic structures and historic places; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND ARTICLE I, § 180-8, OF THE CODE OF THE TOWN OF AGAWAM, BY ADDING SUBSECTION L, TO READ AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article IX, Section 180-8. Supplementary Regulations; L. Historic Structures and Historic Places, The Agawam Zoning Board of Appeals, may grant Special Permits to authorize actions upon and uses of historic structures and historic places that would not otherwise comply with the Zoning By Law of the Town of Agawam, if such actions or uses are in the Town of Agawam's best interest to preserve and enhance historic structures and historic places. Such Special Permit shalt require, as a precedent for application, positive votes and reports from the Agawam Historical Commission and Agawam Planning Board and positive reports from the Agawam Fire Department and Agawam Safety Officer. Such Special Permit shall be subject to Site Plan Approval of the Agawam Planning Board, approval of the Agawam Fire Department, approval, when applicable, of the Agawam Health Department and other such conditions as the Agawam Zoning Board of Appeals may determine. (1) Eligibility: A historic structure or historic place must meet one of the following criteria: a. is included in the Agawam Inventory of Historic Structures prepared by the Agawam Historical Commission, as amended from time to time, including buildings listed for which complete surveys may be pending; or b. is listed on or is within an area listed on the National Register of Historic Places or is subject of a pending application for listing on the National Register of Historic Places, or has been determined to be eligible by the Massachusetts Historical Commission for listing, either individually, or within an historic district, on the National Register of Historic Places. (2) Uses: Allowed Uses, if found to be appropriate by the Agawam Zoning Board of Appeals, shall be limited to: residential, professional offices staffs of less than four, bed and breakfast homes allowing a maximum SW nkght of one week's stay, single praeUtioner medical and dental offices wiM staffs Gof AP-6-6 than four, retail , sit down restaurants, art and photo studios, hair and nail salons of no mere day spas, museums, community theater and performance arts spaces . F rs ❑ENN1S B. HOPK[ NS 108 MONROE ST. AGAWAM, MA, 0 100 1 -3240 JUNE 26, 2006 MR. RfCHARD COHEN, MAYOR TOWN OF AGAWAM 36 MAIN ST. AGAWAM, MA, 01001 RE: ❑ISCLOSURE PER MGL 268A MAYOR COHEN. THIS DISCLOSURE IS BEING SUBMITTED BASED UPON CORRESPONDENCE WITH SOLICITOR LOCKE, RELATIVE TO MY INVOLVEMENT, AS A MEMBER OF THE AGAWAM PLANNING BOARD IN THE HISTORIC STRUCTURES AND HISTORIC PLACES ZONING AMENDMENT WHICH IS COMING BEFORE THE AGAWAM TOWN COUNCIL AT THEIR JULY 5, 2006 MEETING. THE 'MILL' ON ELM STREET, ONE OF THE OWNERS OF WHICH IS THE HUSBAND OF MY WI1-E'S COUSIN, IS A POTENTIAL CANDIDATE FOR CONSIDERATION UNDER THIS BYLAW. THAT RELATIONSHIP DOES NOT CREATE A CONFLICT OR POSSIBILITY OF A CONFLICT UNDER THE LAW, BUT THIS DISCLOSURE IS BEING SUBMITTED AS A PRECAUTION. r- s, DENNis B. HOPKINS 0 Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 June 19, 2006 Agawam Town Council c� Donald M. Rheault, President Robert A. Magovern, Vice President q � George Bitzas, Councilor > Cecilia Calabrese, Councilor Ruth Carr Bitzas, Councilor Gina Letellier, Councilor Joseph Mineo, Councilor Dennis Perry, Councilor Robert E. Rossi, Councilor Jill P. Simpson, Councilor Robert M. Young, Councilor Dear Councilors: At its duly called meeting held on June 15, 20065 the Agawam Planning Board voted to send a positive recommendation to the Town Council in support of the "Historic Structures and Historic Places"zoning amendments. The purpose of the amendments which were drafted by the Planning Board is to provide viable alternatives to the demolition of Agawam's historic structures. The Planning Board would be happy to meet to discuss these amendments prior to your public hearing on July 5,2006. If you have any questions in the interim,please contact the Planning Office at 786-0400, extension 283. 'ncerely, Dennis B. Hopkins, Chairman ; Agawam Planning Board N �c� cc: Clerk, Mayor, Solicitor, Building, File rC-1 rr AN ORDINANCE TO AMEND ARTICLE 1, § 180-8, OF THE CODE OF THE TOWN OF AGAWAM (Initiated by the Agawam Planning Board) cp/a WHEREAS, Article I, § 180-8, The Zoning By Law, of the Code of the Town of Agawam stipulates Supplementary Regulations; and WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § 5 to amend Article I, § 180-8 by adding a new subsection L; and WHEREAS, the amendment proposes to allow Special Permits for the preservation and enhancement of historic structures and historic places; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND ARTICLE I, § 180-8, OF THE CODE OF THE TOWN OF AGAWAM, BY ADDING SUBSECTION L, TO READ AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article IX, Section 180-8. Supplementary Regulations; L. Historic Structures and Historic Places. The Agawam Zoning Board of Appeals, may grant Special Permits to authorize actions upon and uses of historic structures and historic places that would not otherwise comply with the Zoning By Law of the Town of Agawam, if such actions or uses are in the Town of Agawam's best interest to preserve and enhance historic structures and historic places. Such Special Permit shall require, as a precedent for application, positive votes and reports from the Agawam Historical Commission and Agawam Planning Board and positive reports from the Agawam Fire Department and Agawam Safety Officer. Such Special Permit shall be subject to Site Plan Approval of the Agawam Planning Board, approval of the Agawam Fire Department, approval, when applicable, of the Agawam Health Department and other such conditions as the Agawam Zoning Board of Appeals may determine. (1) Eligibility: A historic structure or historic place must meet one of the following criteria: a. is included in the Agawam Inventory of Historic Structures prepared by the Agawam Historical Commission, as amended from time to time, including buildings listed for which complete surveys may be pending; or b. is listed on or is within an area listed on the National Register of Historic Places or is subject of a pending application for listing on the National Register of Historic Places, or has been determined to be eligible by the Massachusetts Historical Commission for listing, either individually, or within an historic district, on the National Register of Historic Places. (2) Uses: Allowed Uses, if found to be appropriate by the Agawam Zoning Board of Appeals, shall be limited to: residential, professional offices, bed and breakfast homes allowing a maximum of one week's stay, medical and dental offices, retail, sit down restaurants, art and photo studios, hair and nail salons, day spas, museums, community theater and performance arts spaces. AN ORDINANCE TO AMEND ARTICLE I, § 180-2, OF THE CODE OF THE TOWN OF AGAWAM (Initiated by the Agawam Planning Board) WHEREAS, Article I, § 180-2, The Zoning By Law, of the Code of the Town of Agawam stipulates Definitions and Word Usage; and WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § 5 to amend Article I, § 180-2 adding new definitions; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND ARTICLE I, § 180-2, OF THE CODE OF THE TOWN OF AGAWAM, BY ADDING DEFINITIONS, AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article I, Section 180-2. Definitions and Word Usage; Add: HISTORIC STRUCTURES AND HISTORIC PLACES — A historic structure or historic place shall meet one of the following criteria: a. Included in the Agawam Inventory of Historic Structures prepared by the Agawam Historical Commission, as amended from time to time, including buildings listed for which complete surveys may be pending; or b. Listed on or is within an area listed on the National Register of Historic Places or is subject of a pending application for listing on the National Register of Historic Places, or has been determined to be eligible by the Massachusetts Historical Commission for listing, either individually, or within an historic district, on the National Register of Historic Places. SHALL —Where used shall be construed as mandatory AN ORDINANCE TO AMEND ARTICLE I, § 180-8, OF THE CODE OF THE TOWN OF AGAWAM (Initiated by the Agawam Planning Board) WHEREAS, Article 1, § 180-8, The Zoning By Law, of the Code of the Town of Agawam stipulates Supplementary Regulations; and WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § 5 to amend Article I, § 180-8 by adding a new subsection L; and WHEREAS, the amendment proposes to allow Special Permits for the preservation and enhancement of historic structures and historic places; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND ARTICLE 1, § 180-8, OF THE CODE OF THE TOWN OF AGAWAM, BY ADDING SUBSECTION L, TO READ AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article IX, Section 180-8. Supplementary Regulations; L. Historic Structures and Historic Places. The Agawam Zoning Board of Appeals, may grant Special Permits to authorize actions upon and uses of historic structures and historic places that would not otherwise comply with the Zoning By Law of the Town of Agawam, if such actions or uses are in the Town of Agawam's best interest to preserve and enhance historic structures and historic places. Such Special Permit shall require, as a precedent for application, positive reports from the Agawam Historical Commission, Agawam Planning Board, Agawam Fire Department and Agawam Safety Officer. Such Special Permit shall be subject to Site Plan Approval of the Agawam Planning Board, approval of the Agawam Fire Department, approval, when applicable, of the Agawam Health Department and other such conditions as the Agawam Zoning Board of Appeals may determine. (1) Eligibility: A historic structure or historic place must meet one of the following criteria: a. is included in the Agawam Inventory of Historic Structures prepared by the Agawam Historical Commission, as amended from time to time, including buildings listed for which complete surveys may be pending; or b. is listed on or is within an area listed on the National Register of Historic Places or is subject of a pending application for listing on the National Register of Historic Places. (2) Uses: Allowed Uses, if found to be appropriate by the Agawam Zoning Board of Appeals, shall be: residential, professional offices with staffs of less than four, bed and breakfast homes allowing a maximum six night stay, single practitioner medical and dental offices with staffs of less than four, retail of less than five hundred square feet, sit down restaurants, art and photo studios, hair and nail salons of no more than two stations. AN ORDINANCE TO AMEND ARTICLE I, § 180-2, OF THE CODE OF THE TOWN OF AGAWAM {initiated by the Agawam Punning Board} WHEREAS, Article I, § 180-2, The Zoning By Law, of the Code of the Town of Agawam stipulates Definitions and Word Usage; and WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § 5 to amend Article I, § 180-2 adding new definitions; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND ARTICLE I, § 180-2, OF THE CODE OF THE TOWN OF AGAWAM, BY ADDING DEFINITIONS, AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article I, Section 180-2. Definitions and Word Usage; Add: HISTORIC STRUCTURES AND HISTORIC PLACES -- A historic structure or historic place shall meet one of the following criteria: a. Included in the Agawam Inventory of Historic Structures prepared by the Agawam Historical Commission, as amended from time to time, including buildings listed for which complete surveys may be pending; or b. Listed on or is within an area listed on the National Register of Historic Places or is subject of a pending application for listing on the National Register of Historic Places. SHALL —Where used shall be construed as mandatory 0 Town of Agawam AGAWAM HISTORICAL COMMISSION 36 Main Street Agawam,Massachusetts 01001 Memo I June 2006 To: Dennis Hopkins,Chairman I Agawam Planning Board From:David Cecchi,Chairman Agawam Historical Commission Dear Mr.Hopkins: I have reviewed the proposed Zoning Amendment regarding Historic Structures and Historic Places and fully support any efforts on behalf of the Town of Agawam to promote and enable the preservation of the town's historic resources.Although I will be unable to attend the Public Hearing scheduled for tonight,I would like to offer the following suggestions: In section(1)Eligibility,paragraph B; to ensure that all historically significant structures are included, please reword as follows: is listed on,or is within an area listed on the National Register of Historic Places, is subject of a. Mending aMMlication for listing on the National Register of Historic Places, or has been determined to be eligibk by the Massachusetts Historicat Commission far listing,either individually,or within an historic district,for listing on the National Register of Historic Places. Section(2)Uses.Are qualifiers such as `with staffs of less than four""of less than five hundred square feet"and "of no more than two stations"necessary?Could the inclusion of those qualifiers present troublesome limitations at some future date?There may be a historic structure in town that could possibly accommodate more than the limits suggested here.Would that mean that those structures would be ineligible for those uses?The suggested limits seem random and possibly contradictory-a sit-down restaurant could potentially draw much more people/traffic/etc.than a professional office with a"staff of less than four."Is there some mechanism to address the size/scope of the enterprise somewhere other than within this amendment?Since it would seem that every situation would be unique depending on the historic structure in question,would the addition of verbiage to the effect that the size/scope of the proposed use would be reviewed individually (by whom?)be appropriate?What I am getting at is that it would be a shame to lose a structure (hypothetically)because an architectural firm/dentist/etc.with 8 employees would not be allowed to use a historic structure that could easily accommodate that use. Please feel free to contact me if you wish to discuss this further. Thank you for your consideration, Da vi Cecchi,Chairman Agawam Historical Commission M AN ORDINANCE TO AMEND ARTICLE I, § 180-2, OF THE CODE OF THE TOWN OF AGAWAM (Initiated by the Agawam Planning Board) WHEREAS, Article I, § 180-2, The Zoning By Law, of the Code of the Town of Agawam stipulates Definitions and Word Usage; and WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A§ b to amend Article I, § 180-2 adding new definitions; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND ARTICLE I, § 180-2, OF THE CODE OF THE TOWN OF AGAWAM, BY ADDING DEFINITIONS, AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article I, Section 180-2. Definitions and Word Usage; Add: HISTORIC STRUCTURES AND HISTORIC PLACES — A historic structure or historic place shall meet one of the following criteria: a. Included in the Agawam Inventory of Historic Structures prepared by the Agawam Historical Commission, as amended from time to time, including buildings listed for which complete surveys may be pending; or b. Listed on or is within an area listed on the National Register of Historic Places or is subject of a pending application for listing on the National Register of Historic Places. SHALL —Where used shall be construed as mandatory 0 TOWN OF AGAWA M Department of Public Works 36 Main Street * Agawam MA 01001 Tel (413) 786-0400 • Fax (413) 786-9927 John P. Stone —Superintendent MEMORANDUM To: Planning Board From: Ge anne H yman, Town Engineer CC: Jo P. Stone, PW Supt. Date: June 1, 2006 Subject: Proposed Zoning Amendment—historic Structures and Historic Places - Comments Engineering has no comments on the proposed zoning amendment regarding `Historic Structures and Historic Places". RECEIVED '' 1ARD 'own of Agawam ` 036 Main Street Agawam, Massachusetts 01001-1837 M� Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: Building Inspector Town Solicitor Engineering/DPW Safety Officer Fire Department Health Department Conservation Commission Board of Appeals School Committee Assessors FROM: Planning Board SUBJECT: Proposed Zoning Amendment-Historic Structures and Historic Places DATE: May 16, 2006 The Planning Board has received the attached zoning amendment from the Agawam Town Council which was petitioned by the Agawam Planning Board.regarding Historic Structures and Historic Places. A public hearing has been scheduled by the Planning Board for June 1, 2006. Please submit any comments you may have prior to that date. Sincerely, } Oerhiri`s& skins, dhZ�, p AGAWAM PLANNING BOARD DBH:prk ME To:«Planning Board - - From: _Ursula Retzl er, Council Clerk Subject: Zoning Amen6ment ©ate: May 16, 2006 -- ZC-2006-6 - An Ordinance to Arend Art_ 180-8, of the Town of Agawam. Received by Council Clerk from Planning Board on May 16, 2006. _ Submitted to Planning Board on May 16, 2f7 Planning Board -will holu- CitV theirs parin�on �]iin� I; ?C1(lti. - _ [oUnc i t wi l L ul d thpir uhl,c de g on l X 5-,-2006 after city council"s approval to set said date. ann,ng oars ��g-natu-rLe ' M-1209 Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 z APED MA Tel. 41.3-786-0400 Fax 41.3-786-9927 Z C- Q-00 May 12, 2006 Donald M. Rheault, President Robert A. Magovern,Vice President George Bitzas, Councilor Cecilia Calabrese, Councilor Ruth Carr-Bitzas, Councilor Gina M. Letellier, Councilor Joseph Mineo, Councilor Dennis Perry, Councilor Robert Rossi, Councilor Jill Simpson, Councilor Robert M.Young, Councilor Agawam Town Council 36 Main Street Agawam,MA 01001 Dear Councilors: At its duly called meeting held on May 4, 2006, the Agawam Planning Board voted to be the petitioner for the attached zoning amendment regarding"Historic Structures and Historic Places". Sincerely, Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD cc: Clerk Solicitor Board of Appeals File AN ORDINANCE TO AMEND ARTICLE I, § 180-8, OF THE CODE OF THE TOWN OF AGAWAM (Initiated by the Agawam Planning Board) WHEREAS, Article I, § 180-8, The Zoning By Law, of the Code of the Town of Agawam stipulates Supplementary Regulations; and WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § b to amend Article 1, § 180-8 by adding a new subsection L; and WHEREAS, the amendment proposes to allow Special Permits for the preservation and enhancement of historic structures and historic places; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND ARTICLE I, § 180-8, OF THE CODE OF THE TOWN OF AGAWAM, BY ADDING SUBSECTION L, TO READ AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article IX, Section 180-8. Supplementary Regulations; L. Historic Structures and Historic Places. The Agawam Zoning Board of Appeals, may grant Special Permits to authorize actions upon and uses of historic structures and historic places that would not otherwise comply with the Zoning By Law of the Town of Agawam, if such actions or uses are in the Town of Agawam's best interest to preserve and enhance historic structures and historic places. Such Special Permit shall require, as a precedent for application, positive reports from the Agawam Historical Commission, Agawam Planning Board, Agawam Fire Department and Agawam Safety Officer. Such Special Permit shall be subject to Site Plan Approval of the Agawam Planning Board, approval of the Agawam Fire Department, approval, when applicable, of the Agawam Health Department and other such conditions as the Agawam Zoning Board of Appeals may determine. (t) Eligibility: A historic structure or historic place must meet one of the following criteria: a. is included in the Agawam Inventory of Historic Structures prepared by the Agawam Historical Commission, as amended from time to time, including buildings listed for which complete surveys may be pending; or b. is listed on or is within an area listed on the National Register of Historic Places or is subject of a pending application for listing on the National Register of Historic.Places. (2) Uses: Allowed Uses, if found to be appropriate by the Agawam Zoning Board of Appeals, shall be: residential, professional offices with staffs of less than four, bed and breakfast homes allowing a maximum six night stay, single practitioner medical and dental offices with staffs of less than four, retail of less than five hundred square feet, sit down restaurants, art and photo studios, hair and nail salons of no more than two stations. LEGAL NOTICE TOWN OF AGAWAM TOWN COUNCIL AND PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, June 1, 2006 at 7:45 PM in the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of the Agawam Planning Board on a proposed Zoning Amendment regarding Historic Structures and Historic Places. A copy of the proposal can be obtained from the Agawam Planning Office or the Agawam Town Clerk's Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA, BY ORDER OF: Dennis B. Hopkins, Chairman Agawam Planning Board (Ad to be run 5/18/06 & 5/25/06) Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 s � Ma Tel. 413-786-0400 Fax 413-786-9927 May 12, 2W6 Donald M. Rheault, President Robert A. Magovern,Vice President George Bitzas, Councilor Cecilia Calabrese, Councilor Ruth Carr-Bitzas, Councilor Gina M. Letellier, Councilor Joseph Mineo, Councilor Dennis Perry, Councilor Cn Robert Rossi, Councilor . Jill Simpson, Councilor Robert M. Young, Councilor Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on May 4, 20061 the Agawam Planning Board voted to be the petitioner for the attached zoning amendment regarding"Historic Structures and Historic Places". Sincerely, Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD cc: Clerk Solicitor Board of Appeals File AN ORDINANCE TO AMEND ARTICLE I, § 180-8, OF THE CODE OF THE TOWN OF AGAWAM (Initiated by the Agawam Planning Board) WHEREAS, Article I, § 180-8, The Zoning By Law, of the Code of the Town of Agawam stipulates Supplementary Regulations; and WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § 5 to amend Article I, § 180-8 by adding a new subsection L; and WHEREAS, the amendment proposes to allow Special Permits for the preservation and enhancement of historic structures and historic places; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND ARTICLE I, § 180-8, OF THE CODE OF THE TOWN OF AGAWAM, BY ADDING SUBSECTION L, TO READ AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article IX, Section 180-8. Supplementary Regulations; L. Historic Structures and Historic Places. The Agawam Zoning Board of Appeals, may grant Special Permits to authorize actions upon and uses of historic structures and historic places that would not otherwise comply with the Zoning By Law of the Town of Agawam, if such actions or uses are in the Town of Agawam's best interest to preserve and enhance historic structures and historic places. Such Special Permit shall require, as a precedent for application, positive reports from the Agawam Historical Commission, Agawam Planning Board, Agawam Fire Department and Agawam Safety Officer. Such Special Permit shall be subject to Site Plan Approval of the Agawam Planning Board, approval of the Agawam Fire Department, approval, when applicable, of the Agawam Health Department and other such conditions as the Agawam Zoning Board of Appeals may determine. { !) Eligibility: A historic structure or historic place must meet one of the following criteria: a. is included in the Agawam Inventory of Historic Structures prepared by the Agawam Historical Commission, as amended from time to time, including buildings listed for which complete surveys may be pending; or b. is listed on or is within an area listed on the National Register of Historic Places or is subject of a pending application for listing on the National Register of Historic Places. (2) Uses: Allowed Uses, if found to be appropriate by the Agawam Zoning Board of Appeals, shall be: residential, professional offices with staffs of less than four, bed and breakfast homes allowing a maximum six night stay, single practitioner medical and dental offices with staffs of less than four, retail of less than five hundred square feet, sit down restaurants, art and photo studios, hair and nail salons of no more than two stations. AN ORDINANCE TO AMEND ARTICLE I, § 180-8, OF THE CODE OF THE TOWN OF AGAWAM (Initiated by the Agawam Planning Board) WHEREAS, Article I, § 180-8, The Zoning By Law, of the Code of the Town of Agawam stipulates Supplementary Regulations; and WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § 5 to amend Article I, § 180-8 by adding a new subsection L; and WHEREAS, the amendment proposes to allow Special Permits for the preservation and enhancement of historic structures and historic places; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND ARTICLE I, § 180-8, OF THE CODE OF THE TOWN OF AGAWAM, BY ADDING SUBSECTION L, TO READ AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article IX, Section 180-8. Supplementary Regulations; L. Historic Structures and Historic Places. The Agawam Zoning Board of Appeals, may grant Special Permits to authorize actions upon and uses of historic structures and historic places that would not otherwise comply with the Zoning By Law of the Town of Agawam, if such actions or uses are in the Town of Agawam's best interest to preserve and enhance historic structures and historic places. Such Special Permit shall require, as a precedent for application, positive reports from the Agawam Historical Commission, Agawam Planning Board, Agawam Fire Department and Agawam Safety Officer. Such Special Permit shall be subject to Site Plan Approval of the Agawam Planning Board, approval of the Agawam Fire Department, approval, when applicable, of the Agawam Health Department and other such conditions as the Agawam Zoning Board of Appeals may determine. (1) Eligibility: A historic structure or historic place must meet one of the following criteria: a. is included in the Agawam Inventory of Historic Structures prepared by the Agawam Historical Commission, as amended from time to time, including buildings listed for which complete surveys may be pending; or b. is listed on or is within an area listed on the National Register of Historic Places or is subject of a pending application for listing on the National Register of Historic Places. (2) Uses: Allowed Uses, if found to be appropriate by the Agawam Zoning Board of Appeals, shall be: residential, professional offices with staffs of less than four, bed and breakfast homes allowing a maximum six night stay, single practitioner medical and dental offices with staffs of less than four, retail of less than five hundred square feet, sit down restaurants, art and photo studios, hair and nail salons of no more than two stations. Zoning . ?/I proposal tabled By SUFFY SPENCER bspencer@repub.com AGAWAM-The City Council wants more study on a proposed ordinance that is aimed at uses of local historical properties. After discussing the ordi- nance for more than an hour Monday night,the council voted to table the item until Septem- ber. At that time, a meeting or workshop will be called involv- ing the council ordinance and zoning committees and others to consider reworking the propos- al Several councilors said they were worried that the measure took final control on some uses of historic properties out of the City Councils hands. Planning Board Chairman Dennis Hopkins presented the proposal, saying it would help preserve historic buildings. Hopkins said the proposed change to city zoning regula bons would let the Zoning Board of Appeals allow special permits for multiple uses in his- toric structures that are not zoned for those uses. Hopkins said that before each special permit request went to the Zoning Board of Appeals,it would have to have a positive report from the Planning Board, Historic Commission and fire- and health departments. Councilor George Bitzas was first to raise the issue of the omission of City Council input on the special permits. Councilor Robert E. Rossi -said he did not see how the change would enhance the pres- ervation of historic structures. Hopkins said that currently a person who wants to use a strue- tune for a single use can apply for a zone change. He said this change would allow owners to consider multiuse development, such as offices in one section and small shops in another. After hearing from council- ors,Hopkins said that one possi- bility would be to remove the Zoning Board of Appeals as the permit granting authority and replace it with the City Council. He said that substitution would have to be reviewed by the city solicitor. Rossi said the council should step back from its discussion about who should be the grant- ing authority and look at what is being proposed.He said,"What we are doing is creating another passage for someone to circum- vent zoning laws." Council Vice-president Rob- ert A. Magovern said that the matter should go back to the council Ordinance Committee for hearings to come up with something on which everyone agrees: 181.83 MILL,CONVERSION OVERLAY DISTRICT(MCOD) 181.831 Purpose. The purpose of this Section is to create an overlay district to allow for conversion of Fitchburg's historic mill s while preserving the character of nearby residential and commercial neighborhoods;to encourage the preservation,reuse and renovation of historic mill properties;to promote diversified housing opportunities and other uses such as mixed residentiaVoomm ercial use,and/or a combination of such uses. 181.832 Definitions.For the purposes of this Section,these words and phrases have the following definitions: "Applicant"shall mean the person or persons,including a corporation or other legal entity,w ho applies for issuance of a special permit hereunder. The Applicant must own,or be the beneficial owner of,all the land included in the proposed site,or have authority from the owner(s)to act for him/her/it/them or hold an option or contract duly exe cuted by the owner(s)and the Applicant giving the latter the right to acquire the land to be included in the site. "Appropriate Renovation"shall mean development of an Mill Conversion Project in a manner consistent with the standards of the National Pa rk Service for the rehabilitation of historic buildings,or the applicable standards of the Fitchburg Historical Commission. "Bedroom"shall mean a separate room intended for,or which customarily could be used for, sleeping. "Lhwlling Unit"shall mean a residence,including studio units.Each residence shall contain a living area,bathroom and,except in studio units,one or more bedrooms,and may contain a kitchen area or combination kitchen/living area. "Land"shall mean land,including areas covered by water and including,but not limited to,all waterways,darns,waterfalls,and canals. "Mill Conversion Project"(MCP)shall mean the conversion of an existing mill,or portion thereof to multifamily dwellings,assisted living facility,single -family dwelling(s)and/or nonresidential ancillary uses in some combination. "Nonresidential Ancillary Uses"shall mean any use set forth in the Table of Use Regulations, Section 181.313,or any accessory use or structure as the Planning Board may deem an appropriate renovation by special permit. "Regulations"shall mean the rules and regulations of the Planning Board relative to subdivisions,special permits and site plans. "Wetlands"shall mean land subject to the provisions of M.G.L.c. 131,ss.40 and 40A . MCMURG zoxnvc oxnmAKCE 86 181.833 Overlay District. The Mill Conversion Overlay District(MCOD)is hereby established and shall be construed as an overlay district. Within the MOOD all regulations of the underlying district(s)shall continue to be in full force and effect,a xcept where these regulations supersede such underlying requirements or provide an alternative to such requirements. The MCOD shall consist of the following properties where an existing mill is located: Parcels included in the Mill Overlay District: (Assessor's Map—Block—Lod number) 109-32-0 109-33-0 109-34-0 134-1-0 134-2-0 142-10-0 175-1-0 175-15-0 18-15-0 220-14-0 220-35-0 249-35-0 249-35-D 249-36-0 249-37-0 254-5-0 27-1-0 27-8-0 28-24-0 28-26-0 28-26-A 29-1-0 39-45-0 41-20-0 41-25-0 44-100-0 44-84-0 46-60-0 50-27-0 50-27-A 51-9-0 54-7-0 56-17-0 57-2-0 61-27-0 63-29-0 83-69-0 W-10-0 W-13-0 W-2-0 28-26-B NTCHBURGZONING ORDINANCE 87 181.834 Special Permit Required. Within the MCOD,a Mill Conversio n Project(MCP)may be constructed upon the issuance of a special permit by the Planning Board,and upon site plan approval pursuant to Section 181.94,subject to the requirements set forth herein. No other use or structures shall be permitted in conjunct ion with an MCP,except as specifically provided herein. 181.835 Special Permit Granting Authority. The Planning Board shall serve as the special permit granting authority pursuant to this section. The Planning Board may waive the submittal of technical information or documents otherwise required hereunder where the applicant demonstrates that,due to the simplicity of the proposal,such information is not necessary for or applicable to the Planning Board's decision pursuant to this section. An applic ation for a special permit shall be governed by the Planning Board's regulations and Section 181.93. In addition, the applicant shall submit: 181,8351. Information pertaining to any organization which the Applicant proposes to form where the development is to be a condominium development,including forms and plans to be used to organize and manage the same,for approval as to form by the City Solicitor;and 181.8352. Copies of all proposed covenants,easements,and other restrictions which the Applicant proposes to grant to the City,the Conservation Commission,utility companies, any condominium organization and the owners thereof,including plans of land to which they are intended to apply,for approval as to form by City Solicitor, 181.836 Standards. In order to be eligible for consideration for a special permit pursuant to this Section,the proposed development shall meet all of the following standards: 181.8361. Roadways. The principal roadway(s)within the site shall be adequate for the intended use and vehicular traffic and shall be maintained by an association of Knit owners or by the Applicant. 181.9362. Parking. The applicant shall provide adequate parking to serve all anticipated uses on the property,with information detailing th a method of computation of parking spaces. The minimum number of parking spaces shall be computed using the requirements of Section 181.51 or other applicable provision herein. 181.8363. Goading. Loading areas may be required by the Planning Board wh ere deemed necessary for the efficient operation of the MCP. 181.8364. Utilities. All electric,gas,telephone,and water distribution lines shall be placed underground,except upon a demonstration of exceptional circumstances. The facility shall be served by the municipal water system. OTCEBORG ZONING ORDINANCE 88 i 181.8365. Expansion of Existing Buildings.Existing buildings within a MCOD may be expanded in accordance with the following requirements: a. Such expansion shall be permitted to the extent reasonably necessary to accommodate the proposed MCP. b. Such expansion shall be consistent with the character and scale of existing building(s). 181.8366. New Buildings. Within the MCP,new buildings may be constructed in accordance with the following requirements: a. The type,architectural style,and uses within such new buildings shall be subject to Planning Board approval. b. New buildings shall be permitted to the extent reasonably necessary to accommodate the proposed MCP. 181.8367. Nonresidential Ancillary Uses. Nonresidential ancillary uses may be provided within an existing or new building. The type(s)of permissible nonresidential ancillary use(s)within a MCP shall be at the discretion of the Planning Board. 181.837 Number of Dwelling Units. The maximum n umber of dwelling units shall be established by the Planning Board after reviewing the following criteria:existing structures; proposed method and efficacy of wastewater disposal;availability of public water;trip generation and traffic safety,character of the proposed MCP and its relation to the surrounding neighborhood(s);character of the existing buildings and the potential for reuse thereof. 181.8371. Number of Bedrooms. The Planning Board may ensure the diversification of dwelling units within a MCP by establishing the number of dwelling units with one,two, or three bedrooms. 181.838 Action by the Planning Board. The Planning Board may grant a special permit for a MCP where it makes the following findings: 181.8381, The proposed MCP complies with the requirements of this section; 181.8382. The proposed MCP does not cause substantial detriment to the neighborhood after considering the following factors: a. noise,during the construction and operational phases; b. pedestrian and vehicular traffic; c. environmental harm; d. visual impact caused by the character and scale of the proposed structure(s); FrrCnBURG ZONING ORDINANCE 89 e. other consequences as may be set forth in the Development Impact Statement for the MCP. 181.8383_ The Planning Board may impose conditi ons in the grant of any special permit, including,but not limited to,the following: a. that all construction or infrastructure and improvements shall be completed within a specific time period; b, that all aspects of the MCP,including authorized uses, building occupancy, and intensity of use,shall remain in substantial conformance with the plans and other documents submitted to the Planning Board as part of the special permit proceeding unless modification of the special permit for the MCP is authoriz ed, after public hearing,by the Planning Board; c. that a performance guarantee suitable to the Planning Board may be required. FITCHBURG ZONING ORDINANCE 90 Housing Partnership for the creation of Affordable Housing Units in the Town of Tewksbury. (d) All affordable units constructed or rehabilitated under this Section 7615 shall be situated within the Senior Village Development so as not to be in less desirable locations than comparable market-rate units in the development, and shall on average be no less accessible to public amenities such as open space than the market-rate units. Affordable Housing Units within the Senior Village Development shall be integrated within the development and shall be compatible in design, appearance, construction and quality of materials with other units. Interior features of Affordable Housing Units shall comply in all respects to the minimum design and construction standards set forth in the Local Initiative Guidelines promulgated by the Department of Housing and Community Development, July 1996, as amended from time to time. (e) A marketing plan shall be developed by the project developer which describes how the affordable units will be marketed to potential homebuyers. This plan shall give priority to Tewksbury residents and include a description of the lot. 7616. Historic Preservation Incentive. A. Objectives To encourage, permit flexibility and provide incentives for the preservation of historic buildings, structures, sites and settings, and elements of historical or architectural significance, in a development as defined. B. Historic Eligibility Defined Any historic element, as defined below, may qualify for Historic Preservation Incentives, in a development, if it is included on any of the following lists or surveys: 1. National Register of Historic Places 2. State (Commonwealth of Massachusetts)Register of Historic Places 3. Inclusion by the Tewksbury Historical Commission in its Historic Survey, or identification by that Commission of historic and/or architectural significance and thereby potential inclusion in the Historic Survey. C. Findings Required In order to grant a density bonus for the specific purpose of preserving an architecturally significant building on the site on which it was constructed,the SPGA shall, in accordance with and pursuant to its authority under Section 7607, first determine that it is necessary to maintain said historic or architecturally significant building, structure or element on the site on which it was originally constructed, and that the granting of the density bonus set forth in Section D below is compatible with the general land use goals and objectives set forth in this Section 7600; provided, however,that no use other than residential shall be permitted within the historic building. D. Increases In Permissible Density Subject to the requirements of Section 7616, Historic Preservation Incentives, qualified dwelling units restored or constructed with the Planning Board approval of an Historic Preservation Incentive in an SVD/55 development shall NOT count toward the Section 7608 density,thus allowing for a"1 for 1" density bonus for every one (1)"Historic" housing unit, one (1)dwelling November 2005 Page 68 + s unit within the SVDl55 development. The"historic"housing unit shall NOT be subject to the Affordable Housing Requirements herein. 7617. Severability. If any provision of this bylaw is held invalid by a court of competent jurisdiction,the remainder of the bylaw shall not be affected thereby.The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of the Tewksbury zoning bylaw. 7618. Inapplicability of Certain Other Regulations. Where this Section 7600 specifies some standard or makes some other requirement contrary to a requirement elsewhere in this Zoning Bylaw,the provisions of this Section 7600, as may be amended from time to time, shall prevail. November 2005 Page 69 Debbie Dachos (Agawam Planning Dept.) From: massplanners-bounces@cs.umb.edu on behalf of Lacy, Jeff(DCR)[Jeff.Lacy@state.ma.us] Sent: Tuesday, August 01, 20061:01 PM To: Buck, Michelle; Doug McLean; massplanners@cs.umb.edu Subject: Re: [Massplanners] Mill Reuse Bylaws Michelle: Easthampton has such a bylaw, which Stewart Beckley can probably get you (or off the web site) . I believe it has been used successfully. Also, review any uniformity concerns with Bob Ritchie, as he is very tuned into those issues in zoning bylaws. Best, Jeff -----Original Message----- From: massplanners-bounces@cs.umb.edu [mailto:massplanners-bounces@cs.umb.edu] On Behalf Of Buck, Michelle Sent: Tuesday, August 01, 2006 1:55 PM To: Doug McLean; massplanners@cs.umb.edu Subject: Re: [Massplanners] Mill Reuse Bylaws I am very interested in responses to this question. Leicester had proposed an "Adaptive Reuse Overlay District" (which applied to mills and abandoned public buildings) at the May 2006 Town Meeting, but Town Counsel was concerned that might violate the uniformity requirements of Chapter 40A. We withdrew the article. I 'm supposed to be re-writing our draft to address this concern for our Fall Town Meeting, and I'd be interested to hear how others have dealt with the issue. Michelle R. Buck, AICP Leicester Town Planner -----Original Message----- From: massplanners-bounces@cs.umb.edu [mailto:massplanners-bounces@cs.umb.edu] On Behalf Of Doug McLean Sent: Tuesday, August 01, 2006 12:42 PM To: massplanners@cs.umb.edu Subject: [Massplanners] Mill Reuse Bylaws Fellow planners, I am a UMass grad student doing research for the EOEA regarding Mill Reuse Bylaws. Can anyone provide helpful info on the following: 1) 'Which Mass municipalities have bylaws specifically related to Mill Reuse? 2) How successful has it been in each case? 3) ideas/advice for drafting an ideal Mill Reuse bylaw. 4) Contacts/resources pertinent to the subject. Thanks all, Doug McLean Masters of Regional Planning Candidate Department of Landscape Architecture and Regional planning University of Massachusetts, Amherst dougmclean303@yahoo.com (413) 341-3193 Do You Yahoo!? 1 f� s r S.. construction material of exterior facade. in. Typical unit floor plan(floor plan must be indicated for each type of unit proposed, that is, one bedroom, two bedroom or more). Area in square feet of each typical unit must be indicated. n. Proposed schedule for completing the proposed development, including therein as appropriate,designation of specific sections or buildings proposed to be completed for occupancy prior to overall completion. 3. Site Plan Review. After designation by Town Meeting of a SRMOD, an application for review of the site plan by the Planning Board shall be submitted and reviewed in accordance with the procedures as set forth in Section 9.4. As an additional requirement for site plan review hereunder,the applicant shall notify the abutters to the development as appearing on the most recent local tax list,by certified mail, of the date, place and time of the Planning Board site plan review public meeting. 4. Relation to Subdivision Control Act. Planning Board approval of a site plan hereunder shall not substitute for compliance with the Subdivision Control Act nor oblige the Planning Board to approve any related definitive plan for subdivision nor reduce any time periods for Board consideration under the law. For any project proposing a subdivision of a tract of land into two (2)or more lots as defined by G.L. c. 41, S. 81L, application for approval of a preliminary subdivision plan in accordance with the Subdivision Control Law and the applicable Rules and Regulations of the Westford Planning Board shall be submitted in satisfaction of the Conceptual Plan requirements of this Section 8.4. For any project proposing a subdivision pursuant to the Subdivision Control Law, application for approval of a definitive plan in accordance with the Subdivision Control Law and the applicable Rules and Regulations of the Westford Planning Board shall be submitted in satisfaction of the site plan review requirements of this Section 8.4. S. Findings of the Planning Board. The Planning Board may approve a site plan(or definitive subdivision plan) under this Section 8.4 only if it finds that the applicant has designed the plan in substantial conformity with the Conceptual Plan presented to Town Meeting and finds that such plan substantially meets the requirements hereof. 8.5 MILL CONVERSION OVERLAY DISTRICT (MCOD) 8.5.1 Purpose. The purpose of this Section is to create an overlay district: 1, to allow for conversion of Westford's historic mills while preserving the character of nearby residential and commercial neighborhoods; 2. to encourage the preservation, reuse and renovation of historic mill properties, and 3. to promote diversified housing opportunities and uses such as commercial, retail or Westford Zoning Bylaw: Updated July 21,2005 81 office use, or a combination of such uses. 8.5.2.Overlay District. The Mill Conversion Overlay District(MCOD) is hereby established and shall be construed as an overlay district. Within the MCOD all regulations of the underlying district(s)shall continue to be in full force and effect,except where these regulations supersede such underlying requirements or provide an alternative to such requirements. 8.5.3. Location. The MCOD shall consist exclusively of the following properties: 1. The Abbot Mill on Pleasant Street—Forge Village, consisting of Map 53 Parcels 11, 15 and 110, Parcel 11: Corner of Pleasant and Bradford Streets—41,874 square feet. Parcel 15: Pleasant Street—Subdivided to Parcel A—420,692 square feet on Plan entitled "Proposed Subdivision and Mill Conversion Overlay("MCOD')," scale 1"=150', dated April 19, 2000. Parcel 110: Pleasant Street 10,125 square feet. 2. The Abbot Worsted Mill on North Main Street—Graniteville,consisting of Map 30 Parcels 68, 69, 70, 71, 72 and 73. Parcel 68: 1.2 acres with frontage on River Street. Parcel 69: .218 acre(9,496 square feet)off Broadway Street. Parcel 70: .317 acre (13,809 square feet) ROW access to Broadway Street. Parcel 71: .71 acre(9,322 square feet) off Broadway Street. Parcel 72: .852 acre(37,100 square feet) off Broadway Street. Parcel 73: .991 acre(43,150 square feet)direct frontage on Broadway Street. Of these six parcels, three have buildings on them(Parcels 68, 72 and 73). 3. The Sargent Mill on Broadway Street Graniteville, consisting of Map 62 Parcels 35 and 36. Parcel 35: 21,780 square feet corner of Broadway and Church Streets. Parcel 36: 6.5 acres with frontage on Broadway Street Westford Zoning Bylaw: Updated July 21,2005 82 Both of these parcels have buildings on them,with parcel 35 having been the office building and parcel 36 being the mill building. 4. The Brookside Mill on Brookside Road—Nabnasset, consisting of Map 70 Parcel 117 - 3.15 acres with frontage on Brookside Road with the mill building. 8.5.4 Special Permit Required. Within the MOOD, a MCP may be constructed upon the issuance of a special permit by the Planning Board, and upon site plan approval pursuant to Section 9.4, subject to the requirements set forth herein. No other use or structures shall be permitted in conjunction with an MCP, except as specifically provided herein. 8.5.5 Special Permit Granting Authority. The Planning Board shall serve as the special permit granting authority pursuant to this section. An application for a special permit shall be governed by the following rules. 8.5.6 Application. An application for a special permit shall be submitted to the Planning Board on forms furnished by the Planning Board in accordance with its regulations. Each such application shall be accompanied, if applicable, by a definitive plan of land pursuant to the provisions of G.L. c. 41, ss. 810 and 8IT as the same may be from time to time amended and the Regulations of the Planning Board and a filing fee determined in accordance with said Regulations. In addition the applicants shall submit: 1. Plans. The following plans: a. a site plan and all supporting documents as set forth in Section 9.4; b. a plan at a scale of 1" = 40' showing the topography of the site at a minimum of two foot intervals, as well as vegetation and special features,including wetlands, perennial streams and ponds,waterways,waterfalls,canals and dams,trees of more than 8" caliper, rock outcroppings, slopes in excess of 15%, existing and proposed trails and paths, open vistas, structures of historical importance and biological or wildlife habitats, and proposed conservation and recreation easement areas; C. a plan illustrating preliminary landscaping and architectural design, showing types, location and layout of buildings, and typical elevations, as well as the general height, bulk and appearance of structures. Perspective drawings may be subsequently required by the Planning Board; d. a floor plan to scale for each floor of each building indicating, if applicable: I. number of units; 2. number of bedrooms; 3. proposed use of the floor space; and Westford Zoning Bylaw: Updated July 21,2005 83 4. location of affordable dwelling units; e. a plan describing the care, custody and control of all dams and water rights; and f. a plan for any waste water treatment facility. 2. Narrative Reports. The following narrative reports or data: a. a proposed development schedule showing the beginning of construction, the rate of construction and development, including stages, if applicable, and the estimated date of completion; b. a development impact statement prepared by qualified professionals detailing the impact of the development, at all phases including construction and operation, on: 1. the Town's capacity to furnish services including, but not limited to,roads, police, fire, emergency services, schools, and water; and 2. vehicular and pedestrian traffic, water and air quality,noise and light pollution and other environmental concerns; C. information pertaining to any organization which the Applicant proposes to form where the development is to be a condominium or other ownership organization, including forms and plans to be used to organize and manage the same, for approval as to form by Town Counsel; d. copies of all proposed covenants, easements, and other restrictions which the Applicant proposes to grant to the Town, the Conservation Commission,utility companies, any condominium or other ownership organization and the owners thereof,including plans of land to which they are intended to apply, for approval as to form by Town Counsel; e, a concise narrative prepared by a preservation consultant including any and all historical information to be submitted to the Westford Historical Commission and Planning Board. The narrative will include: 1. architectural history of all structures on the site, including period, style,method of building construction, and association with any particular architect or builder. 2. any important association with one or more historic persons or events. 3. any cultural,political, economic or social history of the site or any structures to the Town, Commonwealth of Massachusetts or the United States of America. Westford Zoning Bylaw: Updated July 21,2005 84 f, evidence that the proposed MCP is consistent with applicable standards of the of the National Park Service or the Westford Historic Commission; and g. any and all other information that the Planning Board may reasonably require in a form acceptable to it to assist in determining whether the Applicant's proposed development plan meets the objectives of this Section. 3. Fees. The following fees: a. Technical Review Fee. The applicant shall pay a technical review fee pursuant to G.L. c. 44, s. 53G and the rules of the Planning Board. b. Administrative Fee. The applicant shall pay an administrative fee pursuant to the rules of the Planning Board. 4_ Waiver, The Planning Board may waive the submittal of technical information or documents otherwise required hereunder where the applicant demonstrates that, due to the simplicity of the proposal, such information is not necessary for or applicable to the Planning Board's decision pursuant to this section. 8.5.7 Review by Other Boards. Whenever an application for a special permit for a MCP is filed with the Planning Board,the applicant shall also file, within five (5) working days of the filing of the completed application, copies of the application, accompanying site plan, and other documentation, to the Board of Health, Conservation Commission,Building Inspector, Highway Superintendent,Police Chief,Fire Chief, and the Town Engineer for their consideration,review, and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. Reports from other boards and officials shall be submitted to the Planning Board by the date of the public hearing,but in any case within thirty-five (35) days of receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. In the event that the public hearing by the Planning Board is held prior to the expiration of the 35 day period, the Planning Board shall continue the public hearing to permit the formal submission of reports and recommendations within that 35 day period, The Decision/Findings of the Planning Board shall contain, in writing, an explanation for any departures from the recommendations of any reviewing party. 8.5.8 Standards. In order to be eligible for consideration for a special permit pursuant to this Section, the proposed development shall meet all of the following standards: 1. Buffer. A buffer area of one hundred(100) feet shall be provided at the perimeter of the property where it abuts residentially zoned or occupied properties, except for driveways necessary for access and egress to and from the site; provided,however, that existing structures and existing access roadways are exempt from the requirements set forth herein. However existing structures and parking areas shall not be made more non-conforming Westford Zoning Bylaw: Updated July 21, 2005 85 except for ADA compliance. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance. The Planning Board may waive the buffer requirement: a. where the Planning Board determines that a smaller buffer will suffice to accomplish the objectives set forth herein; or b. where the construction of a wastewater treatment plant necessitates such relief. 2. Removal and Replacement of Vegetation. Within the site,no clear cutting shall be permitted, except as authorized by special permit and incidental to construction of buildings, roads, trails and parking areas. The Planning Board may require suitable landscaping or replacement of vegetation. 3. Roadways. The principal roadway(s)within the site shall be adequate for the intended use and vehicular traffic and shall be maintained by an association of unit owners or by the Applicant. 4. Number of Parking Spaces . The applicant shall provide adequate parking to serve all anticipated uses on the property,with information detailing the method of computation of parking spaces. The minimum number of parking spaces shall be computed using the requirements of Section 5.1 or other applicable provision herein. The Planning Board may increase the required parking by up to 10%to serve the needs of residents, employees, visitors and service vehicles. The Planning Board may reduce the otherwise required number of parking spaces where the applicant demonstrates that an adequate number of spaces will be provided. 5. Commercial Vehicles. Commercial vehicles owned or operated by owners or tenants of the MCP, or their agents, servants, licensees, suppliers and invitees shall be parked inside a garage, or suitably screened or designated area, except for delivery or service vehicles in the active service of receiving and delivering goods or services. 6. Parking Areas. All parking areas shall be screened from view from adjacent residentially zoned or occupied premises located outside the site, including public ways,by a landscaped border at least ten(10) feet in width. Parking lots shall be located to the rear or side of all buildings and shall not be located in front setbacks or in buffer areas; provided,however, that the Planning Board may waive these provisions for existing parking lots and/or existing buildings. Parking lot layouts shall be planned to permit landscaping, buffers, or screening to prevent direct views of parked vehicles from adjacent streets. The use of traditional picket fencing,hedges, walls, or landscape berms to define parking areas is encouraged. In parking areas of eleven or more parking stalls, at least one tree of three-inch or greater caliper shall be planted for every six parking places. Adequate tree wells and irrigation shall be provided for all parking lot landscaping. Pedestrian access is to be taken into consideration in parking lot design. The use of separate walkways is encouraged. Textured paving or grade separated(elevated) walkways are desired on all pedestrian access ways. Westford Zoning Bylaw: Updated July 21, 2005 86 7. Paving. Paving should be textured or of different materials at pedestrian crossings and walkways. The use of stone,brick or cultured stone pavers for entrance walkway borders is encouraged. The use of textured materials for walkway borders is encouraged. 8. Paths. The Planning Board may require paths which shall be attractively designed with proper regard for convenience, separation of vehicular,bicycle and pedestrian traffic, adequate connectivity, completeness of access to the various amenities and facilities on the site and to pathways or sidewalks to adjacent sites. 9. Loading. Loading areas may be required by the Planning Board where deemed necessary for the efficient operation of the MCP. Loading areas must be at least 20 X 9 feet, and have a minimum overhead clearance of 10 feet. Screening and landscaping shall be provided to block all views of loading areas(except those specifically designated for emergency vehicles)from the public right-of-way and adjacent properties. 10. Stormwater Management. The stormwater management system shall be designed in accordance with the Regulations of the Planning Board. 11. Utilities. All electric, gas, telecommunications, and water distribution lines shall be placed underground, except upon a demonstration of exceptional circumstances. The facility shall be served by the municipal water system. 12. Emergency Systems. The MCP shall have an integrated emergency call, and/or telephone and/or other communications system for its residents and/or other tenants. There shall be sufficient site access for public safety vehicles. A plan shall be approved by the Westford Fire Department for the emergency evacuation of the residents with emphasis on ensuring the safety of residents with physical impairments. 13. Lighting. Illuminated signs,parking lot lighting, building floodlighting, or other exterior lighting shall be so designed and arranged that the collective result does not create so much light overspill onto adjacent premises that it casts observable shadows, and so that it does not create glare from unshielded light sources. 8.5.9 Number of Dwelling Units. The maximum number of dwelling units shall be established by the Planning Board after reviewing the following criteria: 1. Existing structures; 2. Proposed method and efficacy of wastewater disposal; 3. Availability of public water; 4. Trip generation,traffic safety and internal site traffic; 5. Character of the proposed MCP and its relation to the surrounding neighborhood(s); 6. Character of the existing buildings and the potential for reuse thereof; 7. Number of affordable units,beyond the minimum required,proposed by the applicant; Westford Zoning Bylaw: Updated July 21, 2005 87 8. Development Impact Statement; 9. Applicability of the Water Resource Protection Overlay District, Section 8.1,herein; and 10. Reports of the technical consultants of the Planning Board and all other reviewing boards. 8.510 Number of Bedrooms. The Planning Board may ensure the diversification of dwelling units within a MCP by establishing the number of dwelling units with one,two, or three bedrooms;but not more than 10% shall be three bedrooms. 8.5.11 Expansion of Existing Buildings. Existing buildings within a MCOD may be expanded, provided that such expansion: 1. is consistent with the existing buildings historic character and scale; and 2. does not cause substantial detriment after considering the factors set forth in Section 8.5.14. 8.5.12 New Buildings. Within the MCP,new buildings may be constructed in accordance with the following requirements: 1. The number,type, scale, architectural style, and uses within such new buildings shall be subject to Planning Board approval. 2. New buildings shall be permitted only to the extent reasonably necessary to provide for essential services such as, but not limited to, wastewater treatment facilities. 8.5.13 Affordable Dwelling Units. As a condition of the grant of any special permit for a MCP, a minimum of fifteen(15%) of the total number of dwelling units shall be restricted for a period not less than thirty(30)years in the following manner: 1. 5% of the units shall be affordable to persons or families qualifying as low income; and 2. 5%of the units shall be affordable to persons or families qualifying as moderate income; and 3. 5% of the units shall be affordable to persons or families qualifying as median income. 4. The thirty year restriction shall be approved as to form by legal counsel to the Planning Board, and a right of first refusal upon the transfer of such restricted units shall be granted to the Westford Housing Authority for a period not less than 120 days after notice thereof. 5. Affordable units shall be integrated into the overall development of the MCP so as to prevent the physical segregation of such units. 6. The Applicant shall be encouraged to seek designation of the units referenced in Westford Zoning Bylaw: Updated July 21, 2005 88 paragraphs 8.5.13.1 and 8.5.13.2 as affordable units which qualify as part of the subsidized housing inventory as approved and complied by the Department of Housing and Community Development(DHCD). The Planning Board may require that the Applicant affirmatively take steps to utilize the Westford Housing Authority, a public agency, a non-profit agency, limited dividend organization, or other appropriate entity, and through a Local Initiative Program Petition or other similar mechanism or program, cause application to be made to the DHCD, so as to timely furnish all forms and information necessary to promote the designation of those units referenced in said paragraphs as affordable units qualifying as part of the subsidized housing inventory. The Planning Board may require submission of application, forms and appropriate information to the DHCD as a condition of approval. 8.5.14 Action by the Planning Board. The Planning Board after considering reports from consultants and other Boards and/or Commissions, may grant a special permit for a MCP where it makes the following findings: 1. The proposed MCP constitutes an appropriate renovation as defined above; and 2. The proposed MCP does not cause substantial detriment to the neighborhood after considering the following potential consequences: a. noise, during the construction and operational phases,- b. pedestrian and vehicular traffic; C. environmental harm; d. visual impact caused by the character and scale of the proposed structure(s); and e. for the consequences as may be set forth in the Development Impact Statement for the MCP. SECTION 9.0. ADMINISTRATION AND PROCEDURES 9.1 GENERAL 9.1.1 Building Inspector. This Bylaw shall be administered and enforced by the Building Inspector. Pursuant to the State Building Code,the Building Inspector may require such plans and specifications as may be necessary to determine compliance with all pertinent laws of the Commonwealth and may request advisory reviews by other municipal boards and officials. 9.1.2 Permit Required. Buildings, structures or signs may not be erected, substantially altered, moved, or changed in use and land may not be substantially altered or changed with regard to size or shape or principal use until all necessary permits have been received under federal, state, or local law, including this Zoning Bylaw. Wes ford Zoning Bylaw: Updated July 21, 2005 89 d Proposed Amendment To Agawam Zoning By-Law Amend Article IV by adding the following at the end of Section 180-29. 180-29.1 Notwithstanding anything to the contrary contained in this Article IV Section 180-29 apartment houses may be erected in rehabilitated historic structures as defined herein provided the following restrictions are met: A. The rehabilitated historic structure shall be located on a lot containing not less than two (2) acres and such structure or structures shall not contain more than eight (8)family dwelling unit per acres in aggregate lot area. B. No dwelling unit shall contain less than the following minimum floor areas: (a) One bedroom units: Four Hundred (400) square feet (b) Two bedroom units: Six Hundred (600) square feet (c) Each additional bedroom: One hundred twenty (120) square feet with additional space for each bedroom. In computing floor area only the space within the dwelling unit used exclusively for living purposes shall be considered. Halls, closets, stairways, bathrooms and lavatories are expressly excluded from this computation. C. Each dwelling unit shall have access to not fewer than two egresses remote from each other and so arranged that to reach one egress it will not be necessary to pass through a common corridor or hallway which serves the other egress. The term "egress" is as defined in Section 101.0 of the Department of Public Safety, Board of Standards, Building Code. D. Parking space shall be provided at the rate of two (2) spaces for each family dwelling unit. Each space shall contain a minimum of two hundred (200) square feet and may be provided by a garage or combination of garage and open area parking. E. No parking shall be allowed on roadways, access aisles driveways or streets within or adjacent to the proposed rehabilitated historic structure. F. Space contained in apartment Units shall not be used, rented or leased for any commercial or business use, except that a common room for use of the residents or the homeowner's association may be allowed. G. The plans for any such rehabilitated historic structure use as apartments shall be submitted to the Planning Board for its approval as to site layout and provisions for handling vehicular and pedestrian traffic flow, parking and landscaping before a building permit is issued. -1 - From Owner t For purposes of this Section 180-29.1 rehabilitated historic structure shall be defined as a structure containing a minimum of twenty five thousand (25,000) square feet of space currently and as of Nineteen Hundred Twenty (1920). Such structures may be rehabilitated into apartments in accordance with the provisions of this Section 180-29.1 provided that the exterior of the structure is rehabilitated and restored without major modification except as may be required due to modern building, fire or safety laws or regulations. To the extent that the existing structure violates existing set back requirements of the Zoning By-Law for the Town of Agawam such rehabilitated building shall be allowed to violate each set back requirement as a preexisting non conforming structure. -2- From Owner r �r fi Housing Partnership for the creation of Affordable Housing Units in the Town of Tewksbury. (d) All affordable units constructed or rehabilitated under this Section 7615 shall be situated within the Senior Village Development so as not to be in less desirable locations than comparable market-rate units in the development, and shall on average be no less accessible to public amenities such as open space than the market-rate units. Affordable Housing Units within the Senior Village Development shall be integrated within the development and shall be compatible in design, appearance, construction and quality of materials with other units. Interior features of Affordable Housing Units shall comply in all respects to the minimum design and construction standards set forth in the Local Initiative Guidelines promulgated by the Department of Housing and Community Development, July 1996,as amended from time to time. (e) A marketing plan shall be developed by the project developer which describes how the affordable units will be marketed to potential homebuyers. This plan shall give priority to Tewksbury residents and include a description of the lot. 7616. Historic Preservation Incentive. A. Obiectives To encourage,permit flexibility and provide incentives for the preservation of historic buildings, structures, sites and settings, and elements of historical or architectural significance, in a development as defined. B. Historic Eligibility Defined Any historic element, as defined below,may qualify for Historic Preservation Incentives, in a development, if it is included on any of the following lists or surveys: I. National Register of Historic Places 2. State (Commonwealth of Massachusetts) Register of Historic Places 3. Inclusion by the Tewksbury Historical Commission in its Historic Survey, or identification by that Commission of historic and/or architectural significance and thereby potential inclusion in the Historic Survey. C. Findings Required In order to grant a density bonus for the specific purpose of preserving an architecturally significant building on the site on which it was constructed,the SPGA shall, in accordance with and pursuant to its authority under Section 7607, first determine that it is necessary to maintain said historic or architecturally significant building, structure or element on the site on which it was originally constructed, and that the granting of the density bonus set forth in Section D below is compatible with the general land use goals and objectives set forth in this Section 7600; provided, however,that no use other than residential shall be permitted within the historic building. D. Increas_e_s In Permissible Density Subject to the requirements of Section 7616, Historic Preservation Incentives, qualified dwelling units restored or constructed with the Planning Board approval of an Historic Preservation Incentive in an SVD/55 development shall NOT count toward the Section 7608 density,thus allowing for a"1 for 1" density bonus for every one (1) "Historic"housing unit, one (1) dwelling November 2005 Page 68 s unit within the SVD/55 development. The "historic"housing unit shall NOT be subject to the Affordable Housing Requirements herein. 7617. Severability. If any provision of this bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of the Tewksbury zoning bylaw. 7618. Inapplicability of Certain Other Regulations. Where this Section 7600 specifies some standard or makes some other requirement contrary to a requirement elsewhere in this Zoning Bylaw,the provisions of this Section 7600, as may be amended from time to time, shall prevail. November 2005 Page 69 Town of Agawam AGAWAM HISTORICAL COMMISSION 36 Main Street Agawam,Massachusetts 01001 3 Novembver 2005 Mr.Dennis Hopkins Agawam Planning Board Town of Agawam 36 Main Street Agawam,Massachusetts 01001 Dear Mr.Hopkins: The Agawam Historical Commission recently met with Mr.Keith King,who informed the commission of his plans to create condominiums at the historic Agawam Company mill building on Elm Street and the obstacles that currently prevent him from proceeding. The historical commission enthusiastically supports his plan,which will not only greatly improve the immediate residential area,but preserve the oldest and one of only two surviving manufacturing mills in the Town of Agawam.The mill building is located in the Agawam Center National Register Historic District. It is our understanding that the primary obstacle involves zoning.Mr.King indicated that Agawam Town Planner Deborah Dachos suggested that an amendment to the current A3 zoning that would allow the conversion of this structure into condominiums would probably be the most efficient route. The historical commission would like to work with the planning board to create criteria and language for the amendment.To that end,please contact me at your earliest convenience regarding this matter. I can be reached at 786-3236 during the day,789-3338 in the evening,or cecco@davidcecchi.com. I look forward to hearing from you and working together so that we may find a solution to allow and encourage the preservation of one of Agawam's most significant historical resources. Sincerely, David Ceccl i chairman, Agawam Historical Commission I VE ... cc:Keith King Deborah Dachos;Town Planner 2005 80ARD M t1A 3- I � - D Cn AN ORDINANCE TO AMEND ARTICLE 1, § 180-11, OF THE CODE OF THE TOWN OF AGAWAM (Initiated by the Agawam Planning Board) WHEREAS, Article I, § 180-11, The Zoning By Law, of the Code of the Town of Agawam authorizes Special Use Permit Exceptions and Special Permits, and WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § 5 to amend Article 1, § 180-11 by adding a new subsection J; and WHEREAS, the amendment proposes to allow exceptions to the Zoning By Law by Special Permit for the preservation and enhancement of historic structures and historic places; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND ARTICLE 1, § 180-11 OF THE CODE OF THE TOWN OF AGAWAM BY ADDING SUBSECTION J, TO READ AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article IX, Section 180-11. Special Use Permit Exceptions and Special Permits; J. Historic Structures and Historic Places. xs to the Agawam Zoning By Law, Section 180, of the Code of the Town of Agawam, may be allowed by Special Permit of the Agawam Zoning Board of Appeals, if such exceptions are in the Town of Agawam's best interest to preserve and enhance historic structures and historic places. Such Special Permit shall require, as a precedent for application, endorsement of the Agawam Historical Commission. Such Special Permit shall be subject to Site Plan Approval of the Agawam Planning Board, approval of the Agawam Fire Department, approval, when applicable, of the Agawam Health Department and other such conditions as the Agawam Zoning Board of Appeals may determine. H .y Proposed Amendment To Agawam Zoning By-Law Amend Article IV by adding the following at the end of Section 180-29. 180-29.1 Notwithstanding anything to the contrary contained in this Article IV Section 180-29 apartment houses may be erected in rehabilitated historic structures as defined herein provided the following restrictions are met: A. The rehabilitated historic structure shall be located on a lot containing not less than two (2) acres and such structure or structures shall not contain more than eight (8)family dwelling unit per acres in aggregate lot area. B. No dwelling unit shall contain less than the following minimum floor areas: (a) One bedroom units: Four Hundred (400) square feet (b) Two bedroom units: Six Hundred (600) square feet (c) Each additional bedroom: One hundred twenty (120) square feet with additional space for each bedroom. In computing floor area only the space within the dwelling unit used exclusively for living purposes shall be considered. Halls, closets, stairways, bathrooms and lavatories are expressly excluded from this computation. C. Each dwelling unit shall have access to not fewer than two egresses remote from each other and so arranged that to reach one egress it will not be necessary to pass through a common corridor or hallway which serves the other egress. The term "egress" is as defined in Section 101.0 of the Department of Public Safety, Board of Standards, Building Code. D. Parking space shall be provided at the rate of two (2) spaces for each family dwelling unit. Each space shall contain a minimum of two hundred (200) square feet and may be provided by a garage or combination of garage and open area parking. E. No parking shall be allowed on roadways, access aisles driveways or streets within or adjacent to the proposed rehabilitated historic structure. F. Space contained in apartment Units shall not be used, rented or leased for any commercial or business use, except that a common room for use of the residents or the homeowner's association may be allowed. G. The plans for any such rehabilitated historic structure use as apartments shall be submitted to the Planning Board for its approval as to site layout and provisions for handling vehicular and pedestrian traffic flow, parking and landscaping before a building permit is issued. From Owner doc ti For purposes of this Section 180-29.1 rehabilitated historic structure shall be defined as a structure containing a minimum of twenty five thousand (25,000) square feet of space currently and as of Nineteen Hundred Twenty (1920). Such structures may be rehabilitated into apartments in accordance with the provisions of this Section 180-29.1 provided that the exterior of the structure is rehabilitated and restored without major modification except as may be required due to modern building, fire or safety laws or regulations. To the extent that the existing structure violates existing set back requirements of the Zoning By-Law for the Town of Agawam such rehabilitated building shall be allowed to violate each set back requirement as a preexisting non conforming structure. -2- From Owner.doc Y AN ORDINANCE TO AMEND ARTICLE IX, § 180-XX, OF THE CODE OF THE TOWN OF AGAWAM (initiated by the Agawam Planning Board) WHEREAS, Article IX, § 180-XX, The Zoning By Law, of the Code of the Town of Agawam authorizes ; and WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § 5 to amend Article IX, § 180-XX by adding a new subsection XX; and WHEREAS, the amendment proposes to allow exceptions to the Zoning By Law by Special Permit for the preservation and enhancement of historic structures and places; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND ARTICLE IX, § 180-XX OF THE CODE OF THE TOWN OF AGAWAM BY ADDING SUBSECTION X, TO READ AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article IX, Section 180-XX Exceptions to the Agawam Zoning Bylaw, Chapter 180, of the Code of the Town of Agawam, may be allowed by Special Permit of the Agawam Zoning Board of Appeals if such exceptions are in the Town of Agawam's best interest to preserve and enhance historic structures and places. Such Special Permit shall require, as a precedent for application, approval by an action of the Agawam Historical Commission. Such Special Permit shall be subject to Site Plan Approval of the Agawam Planning .Board, approval of the Agawam Fire Department and approval, when applicable, of the Agawam Health Department. AN ORDINANCE TO AMEND ARTICLE 1, § 180-11, OF THE CODE OF THE TOWN OF AGAWAM (Initiated by the Agawam Planning Board) WHEREAS, Article I, § 180-11, The Zoning By Law, of the Code of the Town of Agawam authorizes Special Use Permit Exceptions and Special Permits; and WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § 5 to amend Article I, § 180-11 by adding a new subsection J; and WHEREAS, the amendment proposes to allow exceptions to the Zoning By Law by Special Permit for the preservation and enhancement of historic structures and places; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND ARTICLE I, § 180-11 OF THE CODE OF THE TOWN OF AGAWAM BY ADDING SUBSECTION J, TO READ AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article IX, Section 180-11. Special Use Permit Exceptions and Special Permits; J. Historic Structures and Places. Exceptions to the Agawam Zoning By Law, Section 180, of the Code of the Town of Agawam, may be allowed by Special Permit of the Agawam Zoning Board of Appeals, if such exceptions are in the Town of Agawam's best interest to preserve and enhance historic structures and places. Such Special Permit shall require, as a precedent for application, endorsement of the Agawam Historical Commission. Such Special Permit shall be subject to Site Plan Approval of the Agawam Planning Board, approval of the Agawam Fire Department, approval, when applicable, of the Agawam Health Department and other such conditions as the Agawam Zoning Board of Appeals may determine. 7381. The general objectives of cluster developments. 7382. The existing and probable future development of surrounding areas. 7383. The appropriateness of the proposed development in relation to topography, soils and other characteristics of the tract in question. 7384. The recommendations of the Department of Public Works, the Board of Health and the Conservation Commission. 7385. The Planning Board shall not grant a special permit for the subdivision of land into lots having reduced area and frontage, as provided in this section, if it appears that because of soil characteristics, drainage, traffic or other conditions, the granting of such a permit would be detrimental to the health, safety or welfare of the neighborhood or Town or inconsistent with the intent of cluster development. 7390. Other Requirements. 7391. Nothing contained herein shall in any way exempt a proposed subdivision from compliance with other sections of the Zoning By-Law (except as specifically stated in this section), the Subdivision Rules and regulations of the Town of Tewksbury, regulations of the Tewksbury Department of Public Works, Tewksbury Board of Health, the Tewksbury Conservation Commission, or any rules and regulations issued by the Commonwealth of Massachusetts. 7392. Any change in the number of lots, the lines of the streets, or any significant changes in the reserved open spaces, its ownership or use or any other conditions stated in the original special permit shall require a new special permit issued in accordance with the provisions in this By-Law. 7400. COMMUNITY DEVELOPMENT DISTRICT 7410. Purpose. The purpose of the Community Development District (CDD) is to provide an alternative and supplement to residential, institutional and public elderly housing in Tewksbury in a manner that encourages the preservation of open space and is consistent with the scale of residential development in the community. The Town has determined that a necessity exists for the adoption of a Community Development District for the benefit of and for the general welfare of the community. 7420. Applicability. A Community Development Project (CDP) is permitted in a CDD. Properties within the CDD must apply to the Planning Board for site plan approval to construct a CDP consistent with the guidelines set forth in this section 7400 and all other requirements set forth in Section 9400. 7430. CDP Requirements. Only those CDP which meet the following requirements shall be permitted: 7431. Minimum Area of Development: The total area of each CDD development lot shall not be less then twelve acres of contiguous property. 7432. Development Capacity: The maximum allowable development capacity for units devoted to Independent Living Facility use shall be 65% of six (6) dwelling units per acre of the development area. The remaining 35% of the development capacity of six (6) dwelling units per acre shall be used for Assisted Living Facility/ Long Term Care Facility. There shall not be more than a maximum of six (6) units per acre nor more than 2 bedrooms per November 2005 Page 52 unit, nor more than twelve bedrooms per acre. No more than ten percent of the project area within the wetland and/or flood plain shall be used in calculating the density requirements of the site. The independent living facility units to assisted living facility units ratio shall remain 65/35. (Original text deleted as per Attorney General response of August 21, 2002) 7433. Minimum side and rear setback: No building or structures shall be located within fifty (50) feet of the perimeter legal lot lines of a Community Development District. (See exemptions and requirements, 7433 a.) a. Fences and Gates Exempt and Required: Fences and gates shall be required around and set back no less than 10 feet from, the entire perimeter of the CDP site area. Location, style and landscaping of the fences and gates are subject to Planning Board approval, for the protection of the CDP residents. Entrance gate(s) shall be accessible by means of Board approved security system. 7434. Living Space requirement: No living space shall be located below the finished grade contiguous to a dwelling. 7435. Maximum Lot Area Coverage: Not more than thirty (30) percent of the total lot area may be devoted to buildings or structures. This requirement shall not apply to at grade parking areas but shall apply to parking above grade. If the Planning Board makes findings of fact that it will benefit residents to provide enclosed parking areas for residents of the development area and/or for every one percent increase in non-wetlands as defined in M.G.L. c. 131, s.40 and open space that is not part of any set-backs above the requirements set forth herein, the Planning Board may waive or modify the requirements of this paragraph so not more than thirty-five (35) percent of the total lot area may be devoted to buildings or structures. 7440. Parking Requirements. The following minimum parking standards shall be met; provided, however, that if the Planning Board makes finding of fact that the clustering of structures around parking areas will be more convenient to travel from the parking area to the structures and will preserve open space or determines parking in an adjacent area across the street may serve staff and visitor parking needs, the Planning Board may waive or modify these parking requirements. 7441. Adult Day Care facilities and/or structures shall provide a minimum of one parking space per each employee on the largest shift plus one parking space for the number of clients the facility is licensed to serve divided by the number five (5), and rounded to the next highest whole number. 7442. Assisted Living and Long Term Care facilities and/or structures shall provide a minimum of one parking space for each employee on the largest shift plus one space for each visiting staff person plus one parking space for the number of residents the facility is licensed to serve divided by the number two (2) and rounded to the next highest whole number. 7443, Independent Living facilities and/or structures shall comply with the parking requirements of Section 5100 of the Zoning By-Law. 7444. Requirements for curbs within the parking area shall be determined by Planning Board rules and regulations. 7450. Open Space. A minimum of twenty-five percent (25%) of the total site area shall be set aside for open space as defined by this By-Law and shall not include any parking area except as described above. Open Space shall be used as permitted in Section 7300 of the Zoning By-Law, November 2005 Page 53 and further shall be subject to conservation restrictions running with the land and recorded at the Middlesex North District Registry of Deeds and/or the Land Court. 7460. Permitted Uses. Each CDP must contain one or more of the following uses: Adult Day Care Facility; Independent Living Facility; Assisted Living Facility; Long Term Care Facility. 7461. Reserved. 7462. Recreational facilities, dining rooms for on-premises use only, kitchen, swimming pools, meeting and function rooms administrative offices and medical facilities for diagnosis and out-patient services are permitted for residents of the CDP only. 7463. Suitable recreational space with a minimum cost of one percent of the fair market value of each unit of the Independent Living Facility and one-half of one percent of the construction cost for any Assisted Living and/or any Long-Term Care Facility shall be provided. The best effort shall be made to determine the fair market value of a unit and construction cost. Recreation facilities shall include a clubhouse and no occupancy permit shall be granted until the recreational facilities are completed. 7464. Within a clubhouse facility or structure, up to fifty percent of the clubhouse facility or structure may be allocated to use as an Adult Day Care facility during the hours of 7:00 A.M. to 6:00 P.M. 7470. Accessory Uses. CDPs may also provide optional accessory use services on site including but not limited to local transportation, barber/beauty services, sundries for personal consumption, and other amenities, provided: 7471. such uses serve primarily the residents of the development; 7472. such uses are conducted within and may be entered only from a principal building; 7473. there is no external evidence of such uses; and 7474. the appearance and character of commercial uses are compatible with the project. 7475. Upon approval by the Board, CDP may include Accessory Retail uses. The total amount of gross building floor area used for Accessory Retail uses shall not exceed five percent (5%) of the total gross building floor area for the entire CDP, or 10,000 square feet, whichever is greater. 7476. Upon approval by the Board, a CDP may include Accessory Restaurant uses. The total amount of gross building floor area used for Accessory Restaurant uses shall not exceed five percent (5%) of the total gross building area for the entire CDP, and shall contain a maximum of 100 seats. 7477. Upon approval by the Board, a CDP also may include a Community Center or Community Building(s) intended for use and benefit of the CDP residents,provided that such use(s) shall occupy not more than ten percent (10%) of the gross building floor area constructed within the approved CDP, and only if the Board finds that adequate assurances and covenants exist, to ensure proper maintenance of such facilities by the residents, owners or their agents, and that the residents, owners or their agents will bear all expenses related thereto. 7478. Upon approval by the Board, a CDP also may include an Adult Day Care facility intended for use and benefit of the CDP residents, provided that such use shall occupy not more than ten percent (10%) of the gross building floor area constructed within the approved CDP, and only if the Board finds that adequate assurances and covenants exist, to ensure proper maintenance of such facilities by the residents, owners or their agents, and that the residents, owners or their agents will bear all expenses related thereto. November 2005 Page 54 7480. Rules and Regulations. The Planning Board shall adopt and from time to time amend, rules and regulations not inconsistent with the provisions of this Section or M.G.L. c. 40A or other applicahle provision of the General laws, and shall file a copy of said regulations with the Town Clerk. Such rules shall prescribe as a minimum the size, form, contents, style and numbers of copies of plans and specifications, the Town boards or agencies from which the Planning Board shall request written reports, and the procedure of submission and approval of a CDP. November 2005 Page 55