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8238_ZONE CHANGE - SPRINGFIELD STREET - TYNAN Q a �J � - Zo�n � Ekal� e ngl� le � � TY Oan rk ci � s Town . of Agawam 104m 36 Main Street Agawam, Massachusetts 01001�-1837 � Tea, 413-786-�0400 Fax 413-786-9927 October 7, 2002 David Bean D. L. Bean, Inc. 40 School Street Westfield, MA 01085 Dear Mr. Bean: The Planning Board is in receipt of your letter dated October 3,2002 concerning zoning in Feeding Hills. While the Board understands the frustration of your client, the members do not feel that it is appropriate for the Planning Board to act as the petitioner to change the zoning. The Board wishes to remain impartial and open to input from the public. If you have any questions, please do not hesitate to contact the Planning Office at 786-0400, extension 283. Sincerely, Dennis B. Hopkins, Chairman Agawam Planning Board cc: File D. L. BEAi INC. LAND CONSULTANTS 413-562-7566 Forty School Street Fax # 413-562-2091 SURVEYORS Westfield, Mass. 01085 ENGINEERS October 3, 2002 Dennis Hopkins, Chairman Agawam Planning Board 36 Main Street Agawam,MA 01001 RE: Feeding Hills Center-Zone Confession Dear Board Members: On behalf of our client, Ralph DePalma, we are requesting the Planning Board to petition the Town for a Zone Change on properties known as 1325, 1339, 1353, and 1355 Springfield Street. Enclosed is a sketch that shows the current zoning, and the problem, relative to these sites. Also enclosed is a copy of the zone map that is in circulation that erroneously shows the properties to be in a Business A zone. The large retail/professional building at 1325 Springfield Street was developed within the last 15 years with the assumption by the owners and the Town that it was in a Business zone and not partly in the Residence zone. The other properties referred to, have likewise been taxed as business properties and the owners,as well,have assumed them to be in the Business zone. Not until recently, did we discover that the business zone only extends 150 feet from the street. This was verified as the true zone line by the building department and the Town Planner, Deborah Daehos. We believe that the business zone should encompass these parcels and especially the retail/professional building; and that it was assumed by the Town that it did. encompass these parcels; and that the Town has taxed these parcels under that assumption; and the owners have also relied on that assumption. We also believe that if the petition for the zone change is brought by the Planning Board, that it will be received as an appropriate planning change rather than a consideration for the interest of a property owner. October 3, 2002 Agawam Planning Board Zone Change For these reasons we are making our request. If the Planning Board will honor this request, one of the owners, Ralph DePalma,has directed us to prepare the plan and necessary paperwork on your behalf. Thank you for your consideration of this request. Sincerely, D. L. Be David L. Bean,President cc: Ralph DePalma DLB/ssc W W a s O • 3 W O — -~ O Z Y Ar i ORF r9s CO) ' 66'90Z -- x m y !A M N � w M Ns W_i C9 0 ,. Z a CO 0� 446 N 1` V r a L '1.ii�� ►t�; �S r '.;- -� irfY rHl . _ tom•••�: 7 1- x fir. d� -dA • r G? T��• A•• \1 dil fY girt 4qt;� r'- Q •'t[' AA to 0 is o� •,- ., t AIWOOAU ,a 3NW-1 x . � Aedl3N0 � .�•ti'� -: ERE DRIVE 4 �W Al- 1 W J Q O J z = 'W1 VNLL 111:151, s a Town of Agawam ' 36 Main Street Agawam, Massachusetts 0.1001-1.837 VA ` Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: AGAWAM PLANNING BOARD FROM: DEBORAH S. DACHOS,DIRECTOR OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT SUBJECT: ZONE CHANGE/1325, 1339, 1353 and 1355 Springfield Street DATE: November 18, 2002 On November 1, 2002,the Planning Board received a request for a zone change for Parcels A,B and C which are the rear yards for 1325, 1339, 1353 and 1355 Springfield Street from Residence A-2 to Business A. The properties are owned by Clement J.Tynan et.als,Lone Coyote Realty Trust and Palatium Realty, Inc. The Planning Office has conducted a review of this proposal and submits this report for your information. All the structures located at the above addresses are used for business purposes. The Community Shops are located at 1325 Springfield Street. The Community Shops Site Plan was approved by the Planning Board on November 15, 1984. At that time,it was represented to the Planning Board that the property was zoned Business A. As laid out, the Community Shops building is located in Residential A-2. The Feeding Hills Post Office is located at 1339 Springfield Street. The building is located on approximately one-half acre and appears to be in Business A. The building was constructed in 1950, To the rear of the building is a paved area which is located in the Residence A-2 zone. This area is used for parking. Landmark Realty is located in the next structure, 1353 Springfield Street. It appears to be a converted residential structure. The land to the rear of the building is undeveloped and unmaintained. The final structure houses the School of Self-Defense. This structure is classified as a warehouse style building on the assessors cards. It was built around 1950. There is also a large garage to the rear of this building. The may be in the Residential A 2 zone. I am unsure what the structure is used for. To the rear of these properties is a driveway which runs from the parking lot at Granger School to the driveway for the Junior High School. All four of the properties included within this proposal have fences which separate them from school property. I have attached for your information a number of pieces of information. I have included a copy of plan submitted by the applicants showing the proposed zoning map change. I have also attached a copy of the Assessor's map showing the properties as they are listed for tax purposes. I have included the tax card information for 1325, 1339 and 1353 Springfield Street. Land-Use and Zoning All of the property in question is located on Springfield Street in close proximity to the intersection with South Westfield Street. The property is abutted to the south entirely by school property which is also split between Business A and Residence A-2. The copy of the Zoning Map which I have attached does not accurately depict the zoning as shown on the Zoning Map in the Building Department. The Business A zone on the attached map shows it to be approximately 200' wide when, in reality, it is 159. To the south of the Business A zone is a square of Residence A-2. I have researched the reason for this zone as far back as the 1950 Zoning Map and have been unable to determine why it was created. Please refer to the attached memo to the Inspector of Buildings in which I outline my research. If the zoning is changed from Residence A-2 to Business A,the following uses would be allowed: (please refer to Section 180-44 of the Zoning Ordinance which is attached): ♦ Any use permitted in a Residence or an Agricultural District ♦ Retail,banks hotels,dining establishments, halls and office buildings ♦ One-story public garages 1 Gasoline filling stations ♦ Open-air transient parking (after a Special Permit is granted by the Board of Appeals) ♦ Cabins ♦ Drive-in or Drive-thru restaurants(after a Special Permit is granted by the Board of Appeals) 1 Drive-thru service windows (after a Special Permit is granted by the Board of Appeals) 1 Two family dwelling for two housekeeping units. Under the present Residence A-2 District the following uses are allowed: (Please refer to 180-23 of the Zoning Ordinance which is attached.) ♦ Any use permitted in a Residence A-1 District ♦ One family detached dwelling ♦ Office for a dentist,artist, architect, profession engineer, teacher of scholastic subjects,or a beauty parlor ♦ Renting of rooms for not more than four (4) residents ♦ Schools for academic purposes and community center buildings ♦ Colleges, public libraries or museums ♦ Private kindergartens and day nureries ♦ Bus passenger stations or shelters ♦ Telephone exchange buildings. Qjh r Co sidet� rations The proposed Zoning Map change, if approved, will do a couple of things. First, it will enable the applicants to use their property for business purposes. Secondly, it will allow the overlying zone to correspond to some of the existing uses. For example,the Community Shops will then be in the proper zone, as well as the parking lot to the rear of the Post Office. My greatest concern with the proposal would be the possible build out of the properties which are not presently utilizing their entire parcel. This would be 1339, 1353 and 1355 Springfield Street. This particular segment of Springfield Street experiences significant traffic congestion during peak travel times(AM and PM commuting times). In addition to the traffic volumes,there are multiple curb cuts on both sides of the road. All three of these properties generate relatively low volumes of traffic. Future, larger uses may not. Also 1353 and 1355 share a common driveway. The potential for larger building and/or large traffic generation would further aggravate the traffic conditions in this area. mac^ cfy G� Z s �n v z RESIDENCE "A--2' N 83'03'27" W 453.02' 259,68 89.56 53,50' PROPOSED BUSINESS "A" LA ap R5 r ;1'� J' PARCEL PARCEL N PARCEL W .ya; U's 3 r .+ Ft 1,! w �N AM H Qn � ' ZONE LINE TO BE REVISED RESIDENCE "A-2" in 217.31' .. 90 71.25' .. S 82'41'52" E 378' ` a; BUSINESS "A" fn i U �N 117.09' '� 4 3 " E STREET STREET STREETS aT 5 #1325 #1339 #1355 a � -0 #1353 �p• Lo Q s % �* 276.pp' S 76'17'22" E 271.5B' 61.48, 241.19` - S 82'41'52" E S 81'59'52" E SPRINGFIELD STREET �f� I.A)l LEGEND . k ZONED AS SHOW EXISTING ZONE LINE :E' '' •: eer '�`, PLAN FOR PROPOSED ,ZONE CHANGE AGAWAM MASSACHUSMS PROPOSED ZONE LINE »` Of +q� FOR �J� CLEMENT J. TYNAN vw • � t� DOC rsc 1353 SPRINGFIELD STREET L•ov 6^ AGAWAM, MA. DATE: SCALE: 10-11-2002 CHECKED: DLB S7'V3ddV .49 'L'81'ht�jS dSNI R� � PLAN N0. SHEET NO L�j ] OF 1 Q . L,§EAN INC. SURVEYORS 40 SCH STREET ENGINEERS WESTF1ELD, MASSACHUSETTS PARCEL MAP / t . r ' dc two - � --- o * c a x I WLL e Z' C9 tl} 4 b r Z 40-s $pUTi� %00-s ,a ZONING ow TA- _�/y�� ems,/• .ry �y+rr JI' •,w+ r�'•r,K+► �•y bd "r Q L IA cr; C •s TER. z. fb- -� LEGEND RE.S!.D CNC.E A-- i I A *.. AGRIC UL 7•VRE 22 Qw _rN.D tls 7-R 1A L A - .rlv.o .s T R /A I. B RESIDENCE A-• 4 Page 1 of 1 Card I of I I Location 1325 SPRINGFIELD ST _ _ Parcel ID E9 21 _ _Current Property Maillnq Address Owner LEFEBVRE PAUL L TRUSTEE City WEST SPRINGFIELD LONE COYOTE REALTY TRUST State MA Address 7 MOSHER STREET Zip 01089 Zoning BA Current Property Sales Sale Date 5118199 Legal Reference 10769-51T Sale Price 1,425,000 _ Grantor(Seller)PACELLA JOSEPH A, Two Year Prior Assessment History _ _ _ Fiscal Year 2000 Fiscal Year 2001 Property Use 323 Property Use 323 Total Value 1,494,000 Total Value 1,488,900 Current Property Assessment -- Fiscal Year 2002 - Building Value 1,238,000 Land Area 1.771 acres Land Value 250,900 Total Value 1,488,900 Narrative Descri lion This property contains 1.771 acres of land mainly classified as SHOPCTR with a(n) SHOP CTR style building,built a=O�totaf having BRICK VENR exterior and ASPHALT roof cover,with 19 unit(s), 0 total room(s), 0 total bedroom(s), 0 total ba half baths . Click Images to Enlarge k FFL SR FFL ° SF ;L AIL FFL 2 2 2 FFL� 3 FP - t } i Page I of I Card 1 of 1 Location 1339 SPRINGFIELD ST _ Parcel 1D E9 2 Curren_t Property Mai!in Address Owner PALATIUM REALTY INC City SUFFIELD State CT [ Address 65 THISTLEDOWN Zip 06078 Zoning SA Current Property Sales information ISale Date 215191 Legal Reference 7635 462 � Sale Price 0 _ _ Grantor(Seller)PACELLA >— _ _ Two_Year Prior Assessment Histor r��___-_� rFiscal Year 2000 Fiscal Year 2001 Property Use 350 Property Use 350 E Total Value 197,400 Total Value 197400 Current Property.Assessment _ Fiscal Year 2002 Building Value 121,700 Land Area 0,542 acres Land Value 80,200 Total Value 2011900 Narrative Description �hls property contains 0.542 acres of land mainly classified as POST OF with a(n) POST OFF style building,built about 1950 , aving BRICK VENR exterior and TAR+GRAVEL roof cover,with 1 unit(s), 0 total room(s),0 total bodroom(s),0 total bath(s),2 total half baths . Click images to Enlarge 39 4 43 15 P is I 61 FfL '� f 11 Page I of I Card 1 of 2 Last ar Location 1353 SPRINGFIELD ST Parcel ID E9 2 Current Proeg2 Mailing Address Owner TYNAN ROBERT J City FEEDING HILLS TYNAN CLEMENT J&MARY E State MA Address 693 NO WESTFIELD ST Zip 01030-1245 Zoning BA Current Property Sales Information Sale to 5/17195 Legal Reference 9132 456 Safe Price 4 Grantor Seller TYNAN CLEMENT J&ROI Two Year Prior Assessment Histo Fiscal Year 2000 Fiscal Year 2001 Property Use 316 Property Use 316 Total Value 205,900 Total Vatue 205,900 Current Property Assessment Fiscal Year2002 Building Value 128,500 Land Area 0.500 acres Land Value 77,400 Total Value 205,900 Narrative Description Ea is property contains 0.500 acres of land mainly classified as COM WHS with a(n)WAREHOUSE style building,built about 1950, ving'CONC BLOCK exterior and ASPHALT roof cover,with 1 unit(s),0 total room(s),0 total bedroom(s),0 total baths},2 total lf baths . Click images to Enlarge 5 32 7 7 K 5 i } 5 Z BHT V s � c r 4 � 32 12 1 r L Memo To: Nick Urbinati, Inspector of Buildings From: Deborah Dachos, Director Planning and Community Development Subject: Zoning Request Date: September 17, 2002 Attached please find a request from Dave Bean on behalf of his client Ralph DePalma concerning zoning clarification for three lots,4, 5 and 6 on Assessor's map E9, 2. The question is regarding the depth of the Business A zone on these lots. As you are aware, the map in the Building Department shows the Business A zone to be 150' deep. The property owner has retained one of the Town's paper maps which appears to show the zone as being deeper. Attached you will also find a copy of the applicable section of the 1950 Zoning Map which was updated to the early 1960's. The map shows the Business A zone as 150'deep. There is a note on the map and also on the map in the Building Department which reads as follows: "District boundary lines follow property lines only when shown as solid lines. Dash lines do not follow property lines." The district boundary line on lots 4 and 5 is a dashed line. Therefore, it appears that the front portion of these lots is in Business A and the rear portion is in Residence A-2. cc: T. Locke, Solicitor D. L. Bean D. L. BEAN, INC. LAND CONSULTANTS 413-562-7566 Forty School Street Fax # 413-562-2091 SURVEYORS Westfield, Mass. 01085 ENGINEERS September 11, 2002 Agawam Planning Department 36 Main Street Westfield, MA 01085 atta: Deborah Dachas, Town Planner RE: Zone Line Request Dear Debbie: As Discussed today with Ralph DePalma,we are requesting your determination on the Business "A" zone delineation on Springfield Street in the Feeding Hills section. More particularly, the properties in question are the three lots numbered 4, 5, and 6,on Assessor's map E9, Section 2. (Copy enclosed.) Thank you for your attention to this request. Sincerely, D.L . David L. Bean, President Enclosure cc. Ralph DePalma DLB/ssc a � I 4 t 1 X 4 r ^ x � S J ( 0 W z = z 0 vt Sol m - r To 1 Q § 180-21 ZONING § 180-23 § 180-21, Lot size. No lot shall have a frontage of less than one hundred twenty-five (125) feet on a street or an area of less than seventeen thousand 0 7,000) square feet. § 180-22. Lot coverage. No principal building shall be erected or altered so as to cover more than thirty percent (30%) of the area of the lot on which it is located. ARTICLE ill § 180-23. Permitted uses. In any Residence A-2 District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one (1) or more of the following: A. Any use permitted in a Residence A-1 District_ B_ A one-family detached dwelling for one (1) housekeeping unit only; provided, however, that the Board of Appeals, upon an-appeal from an order or decision made by the Inspector of Buildings and if it deems such action wise and if it shall appear to the Board that such action will tend to preserve the standard and character of the neighborhood, may authorize a variation in the use of a one-family dwelling existing at the time of the adoption of this Article so that such dwelling may be altered and improved and facilities added for a second housekeeping unit. In all such cases the petitioner, as a condition precedent to the privilege herein granted, shall present adequate plans setting forth the changes and improvements to be made and shall have secured the written consent and approval of at least three (3) of the following property owners (1 ) The owner of the lot on either side of the petitioner's property. (2) The owner of the lot adjacent in the rear of the petitioner's property. 18027 § 180-23 AGAWAM CODE § 180-23 f (3) The owner of the lot directly across the street therefrom. Where the petitioner is the owner of a lot on either side, in the rear or across from the property for which a variation is requested, such lot shall be omitted, in which case written consent and approval shall be secured from the owner of the property next to that owned by the petitioner. In case there are two (2) or more lots- adjacent in the rear or sides of tho petitioner's proporly, the owner of the lot which abuts the greater length on the petitioners property shall be deemed the owner of the lot adjacent to the petitioners property, as used in this section. In the case of an appeal for a variation involving a dwelling situation on a corner lot or so located that the obtaining of the exact numerical assents of the owner above enumerated is unreasonable or impossible. the Board of Appeals may grant the variation, provided that the consents of the property owners are obtained substantially in accordance with the principals herein set forth as may be determined by the Board of Appeals. The power to authorize such variation of the use of existing dwellings shall be within the sound discretion of the Board of Appeals, and no variation in use shall be granted unless it shall be clear that the relief requested will not be detrimental to the best interests of.the vicinity and will be in harmony with the general purpose and intent of this chapter. Each case shall be considered on its own merits, and no case shall raise a presumption in favor of any other case. No decision of the Board of Appeals.shall be considered as changing or affecting the zoning of any Residence A-2 District.. C. The office or studio of a dentist, artist, architect, professional engineer or teacher of scholastic subjects residing on the premises or a beauty parlor wherein one (1) of the residents is the sole operator. The space occupied by such office, studio or parlor shall not exceed twenty i percent (20°/a) of the total floor area 'of the dwelling, exclusive of the basement. No display, sign or other advertising devise shall be permitted except an interior illuminated, reflective or nonilluminated I professional nameplate having an area of not more than one hundred forty-four (144) square inches. The studios or offices of dancing or music teachers, photographers, masseurs, veterinarians, riding schools x and other similar businesslike pursuits are prohibited. 18028 fy § 180-23 ZON)NG § 7 80-23 D. The renting of rooms and the furnishing of table board to not more than four (4) resident persons in a dwelling occupied as a private residence. No display, sign or other advertising device, illuminated or otherwise, shall be visible from the street except a nonilluminated announcement sign having an area of not more than one hundred forty-four (144) square inches. E. Schools for academic purposes only and community center buildings, except dancing or bowling and like activities, provided that there is no display or advertising visible from the street, other than as permitted in Subsection C of this section. F. Colleges, public libraries or museums, churches or other places of worship, parish houses and Sunday school buildings. G. Private kindergartens and day nurseries Conducted in otherwise permitted buildings in this district, provided that not more than twenty- five percent (259'0) of the floor area of the building, exclusive of the basement, is used primarily for this purpose. H. Bus passenger stations or shelters, not including repair service or garaging- 1_ Telephone exchange buildings. I Accessory buildings and uses customarily incident to any use permitted in this section; provided that such use shall not be offensive or dangerous to life by reason of health or fire, and provided further that such accessory use shall not include any activity conducted for gain. No advertising device, whether illuminated or otherwise, shall be permitted, except that an interior illuminated, reflective or nonilluminat- ed announcement sign having an area of not more than one hundred forty-four (144) square inches may be displayed. K. The keeping and raising of poultry, livestock and pigeons, whether for the table or other purposes, or other like objectionable uses are prohibited. E L. Private garages, provided that no business, service or industry is i conducted therefrom or therein. Not more than one (1) motor vehicle for each five thousand (5,000) square feet of lot area or fraction thereof, nor more than five (5) motor vehicles, not more than one (1) of E which may be unregistered, shall in any case be kept on the premises. 18029 § 180-23 AGAWAM CODE § 180-25 Only one (1) such vehicle may be a commercial vehicle and of not more than three-fourths (3/a) tons weight of capacity. Space for motor vehicles shall not be leased or rented for commercial vehicles. No commercial vehicles shall be parked on a lot in the open. These space regulations shall apply to vehicles regularly left on the lot, whether housed or in the open. M. Not more than one (1) house trailer may be kept on the premises. The trailer shall not be used for living quarters while so located. Space shall not be leased or rented for trailers. N. Uses outlined in § 180-37B and C, when the line separating a Residence A-2 District from an Agricultural District runs through a property not being used for agricultural purposes so that the future use of the whole property for agricultural purposes would be prohibited. § 18D-24. Height regulations. A. A residence building shall not exceed two and one-half (21/2) stories or more than thirty-five .(35) feet in height. Other buildings such as schools, telephone exchanges and community center buildings and other uses permitted in § 180-23` shall not exceed fifty (50) feet in - height. Chimneys, steeples and flag or radio poles are exempt from the height provision of this section. B_ Accessory buildings or structures, including private garages, shall not exceed seventeen (17) feet in height for a one-story building. A one- and-one-half-story accessory building shall not exceed twenty-five (25) feet in height. § 180-25. Setback requirements. A. No part of any building shall be placed within thirty (30) feet of any street line. I B. No part of any garage or other accessory building situated within sixty- five (65)feet of any street line shall extend within fifteen (15) feet of any lot line intersecting such street which serves as a side lot line located in any residence district or within fifteen (15) feet of any street line. 18030 § 180-25 ZONING § 180-28 C. On a corner lot, no part of any building shall be erected or altered so as to be less than twenty-five (25) feet from any street fine. D. Open porches which are twenty (20) feet or more from the street line may be enclosed on one (1) or more sides with glass enclosures. § 18D.26. Yards. A. Side yards_ (1) There shall be a side yard between a principal building and any side lot line which shall be fifteen (15) feet wide in its feast dimension. (2) Detached garages or accessory buildings shall be placed at least five (5) feet from the side lot line if located more than sixty-five (65) feet from a street line. B. Bear yards. (1) There shall be a rear yard on every lot between the principal building and the rear lot line. It shall be twenty (20) feet deep in its least dimension. (2) One-story accessory buildings shall be placed at least five (5) feet from the rear lot line, and one-and-one-half-story accessory buildings shall be placed at least ten (10) feet from the rear lot line. § 180-27. Lot size. E No lot shall have a frontage of less than one hundred ten (110) feet nor an area 'of less than fifteen thousand (15,000) square feet. F § 180-28. Lot coverage. No principal building shall be erected or altered so as to cover more than forty percent (40%) of the area of the lot on which it is located. 18031 § 180-43 ZONING 180-44 E. To assure that special use structures shall be reasonably attractive in appearance, the builder or his representative shall submit to the Planning Board, in addition to other requirements, an architect's rendering or comparable illustration of the planned construction, including landscaping, prior to applying for a building permit. Unless such a drawing approved by the Planning Board is submitted to the Inspector of Buildings, no permit for a building shall be issued, nor . shall an occupancy permit be granted, unless and until the finished structure conforms to the drawing submitted.. F. Not more than one motor vehicle per 5,000 square feet of lot up to a limit of five motor vehicles shall be kept in accordance with Chapter 91 of the General Laws, only one of which can be are unregistered vehicle, exclusive of farm equipment. ARTICLE VIII K. NOON` § 180-44. Permitted uses. In any Business A District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one or more of the following: A. Any use permitted in a residence district or an Agricultural District. B. The major use of a building or structure in this district shall be to store and display goods for safe at retail on the premises or to furnish a service intended for residents of the immediate vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered as complying with such requirements. C. No building, structure or land shall be used in whole or in part for any fabricating, manufacturing, converting, altering, finishing or . assembling. D. One-story public garages for storage or repair of not more than 50 cars. The storage of a maximum of 150 motor vehicles out of doors is allowed to holders of first- and second-class motor vehicle dealer licenses. Body and fender work and the painting of cars in or out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck 18041 4-1-2001 § 180-44 AGAWA.M CODE § 180-44 ± bodies, tailgates, road sanders, farm machinery, school buses and ambulances is permitted. An underground tank of not more than 1 ,000 gallons' capacity for drain oil is permitted. E. A gasoline filling station, provided that not more than 30,000 gallons of gasoline shall be stored on the premises. An enclosed lubritoriurn for not more than three motor vehicles shall be permitted. Only minor repairing of motor vehicles is permitted. F. Open-air transient parking, after a public hearing by the Board of Appeals. G. Cabins, if licensed under MGl_ C. 140, § 32A to 32E, inclusive. H. [Added 3-21-1994 by TOR-94-1; amended 3-8-2000 by TOR-2000-7) Drive-in restaurants and drive-through restaurants, after a special permit by the Board of Appeals in conformance with § 180-11. At no time shall less than 50 parking spaces be provided on site. (1) The parking or loading requirements set forth in this subsection may be reduced as part of the special permit by the Board of Appeals if the Board of Appeals finds that the reduction is not inconsistent with the requirements of the Zoning Bylaws of the Town of Agawam. (2) If a reduction is allowed, a reserve area, to be maintained indefinitely as landscaped open space, must be required sufficient to adequately accommodate the difference between the parking spaces required (i.e., the sum of the parking spaces required for the separate used individually) and the parking spaces provided. The parking/site plan shall show fin dotted outline) the reserve area laid out in full compliance with+any parking or loading requirements as set forth in said Chapter 180, including the required number of spaces. In no event shall the Board of Appeals reduce the parking or loading requirement below 30 spaces. 1. Drive-through service windows utilized by any business shall require a special permit from the Board of Appeals in conformance with § 180-11. {Added 9-20-1997 by TOR-97-81 1 18042 4-1-2001 § 180-45 ZONING § 180-46 § 180-45. Height regulations. A. A business building shall not exceed three stories or 45 feet in height. These provisions shall not apply to chimneys, flag or radio poles, water tanks or hose towers or required bulkheads or elevator penthouses. A residence building shall comply with the height requirements for Residence B Districts. B. Heights of other buildings and structures permitted in this zone under § 18444A shall not exceed the height permitted in Residence B Districts. § 180-46. Setbacks; yards; loading areas. A. Setbacks shall be at least 35 feet. B. Side yards are not required for business buildings. C. Rear yards shall have a minimum of 25 feet. D. Space shall be provided for vehicle parking and for the loading and unloading of all materials, equipment and merchandise on the premises and entirely off the traveled way, with such additional space (Cont'd on page 18043) 18042.1 4-1-2001 § 180--46 ZONING § 180-48 as may be necessary to provide free and easy access to that portion of the buildings so as not to interfere with traffic on the public way. Loading and unloading platforms and doorways especially designed for loading and unloading goods are prohibited on the front of any building. E. A building devoted in whole or in part to residence or other purposes permitted in § 180-44A shall comply with the requirements prescribed for Residerce B Districts. [Amended 4-7-1986 by TOR-86-61 § 180-47. Lot coverage. A. No business building shall be erected or altered so as to cover more than fifty percent (50%) of the area of the lot upon which it is located. [Amended 4-7-1986 by TOR-86-61 B. Notwithstanding any other provision of this section, no building or other structure shall be erected, altered or used for residential purposes which shall accommodate or house more than four (4) families. All four-family buildings or structures used for residential purposes shall be erected on a parcel of land containing not less than one (1) acre in area and having not less than one hundred fifty (150) feet of frontage on a street. C. Not more than one (1) unregistered motor vehicle shall be allowed on any parcel of land used as a gasoline filling station; provided, however, that any such gasoline filling station having an automobile dealer's permit shall be governed by the provisions of such permit. ARTICLE IX Business B Districts § 180-48. Permitted uses. in any Business B District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one (1) or more of the following: A, Except as otherwise provided in this Article, any use permitted in a Residence, Agricultural or Business A District. 18043 1 z-10-95 i I 3 j r1 Tom•' _ n _ Q � r �, THE TOWN COUNCIL D } AGAWAM, MASSACHUSETTS /�Ze, 2002 THE UNDERSIGNED RESPECTFULLY PETITIONS THE TOWN COUNCIL TO REVISE THE ZONE LLNES AND ZONE MAP ON PROPERTIES KNOWN AS 1325, 1339, 1353, AND 1355 SPRINGFIELD STREET IN THE FEEDING HII,LS SECTION OF TOWN. CURRENTLY THE ZONE LINE SPLITS THE PROPERTIES,WHICH ARE NOW BEING USED FOR BUSINESS PURPOSES. GENERALLY,THE ZONE LINE IS 150 FEET FROM THE STREET LINE; IS ZONED BUSINESS A ON THE STREET SIDE AND RESIDENCE A-2 ON THE REAR OF THE PROPERTIES, WHICH ARE ABOUT 262 FEET DEEP. THIS SITUATION CURRENTLY RENDERS THE REAR OF THE PROPERTIES USELESS. ATTACHED IS A PLAN SHOWING THE EXISTING AND PROPOSED ZONING. SINCERELY, .T. PART OWNER: 1353 SPRINGFtELD STREET, AGAWAM ::0 .06 �r DENNIS REAL FBSTATR / LORE COYOTE PJ0 LTY TRUST 7 MOSBER STREET WEST SPRINGFIELD, M 01089 (413) 733-3780 October 28, 2002 The Town Council Agawam, Massachusetts To whom It May Concern: The undersigned respectfully petitions the Town Council to revise the zone map on properties known as 1325, 1339, 2353 and 1355 Springfield Street in reeding Hills section of town. Currently the zone line splits the properties, which are now being used for business purposes. The zone line is 150 feet from the street line; zoned Business A on the street side and Residence A-2 on the rear of the properties_ This situation currently renders the rear of the properties useless. Should you have an questions, feel free to contact me. A ,:ealty Trust owner of 1325 Springfield Street 6 Owner: LONE COYOTE REALTY TRUST 1325 SPRINGFIELD STREET, AGAWAM PARCEL"A" DESCRIBED AS FOLLOWS Beginning at the northwesterly comer of Parcel "A" and at the northeasterly comer of Parcel "B", said point being south 150 feet southerly from the southerly side of Springfield Street; thence running S82-41-52E for a distance of 217.31 feet to a point; thence running S 13 E for a distance of 117.32 feet to a point; thence running N83-03-27W for a distance of 259.68 feet to a point, said point being the South East corner of Parcel "B'; thence continuing along westerly sideline of Parcel "B" 111.58 feet to the point of beginning. Parcel "A"is shown on plan entitled"Plan for Proposed Zone Change" Dated 10-11-2002. Owner: PALATIUM REALTY, INC. 1339 SPRINGFIELD STREET, AGAWAM PARCEL "B"DESCRIPTION AS FOLLOWS Beginning at the northeasterly comer of Parcel "B" and at the northwesterly corner of Parcel "A", said point being 150 feet southerly from the southerly side of Springfield Street; thence running southerly along the westerly sideline of Parcel "A" for a distance of 111.58 feet to a point;thence running N83-03-27W for a distance of 89.56 feet to a point; thence running northerly along the easterly side of Parcel "B" and the Westerly side of Parcel "C" for a distance of 112.14 feet to a point; thence running S82-41-52E for a distance of 90 feet to the point of beginning. Parcel "B" is shown on plan entitled"Plan for Proposed Zone Change" dated 10-11-2002 Owner: CLEMENT J. TYNAN ET.ALS. 1353 AND 1355 SPRINGFIELD STREET,AGAWAM PARCEL "C" DESCRIBED AS FOLLOWS: Beginning at the northeasterly corner of Parcel "C" and the northwesterly corner of Parcel "B", said point being 150 feet southerly from the southerly side of Springfield Street; thence running southerly along the westerly sideline of Parcel "B" for a distance of 112.14 feet to a point; thence running N83-03-27 W for a distance of 53.50 feet to a point; thence running NO1-53-17W for a distance of 113.94 feet to a point; thence running S82- 41-52E for a distance of 71.25 feet to the point of beginning. Parcel "C" is shown on plan entitled "Plan for Proposed Zone Change" dated 10-11-2002 �- ti 3 r / cD b > _ 'S O � � f� cu G y Z� s RESIDENCE "A-2" N 83'03'27" W 453,02' 259.68 89.5& 53.50' PROPOSED BUSINESS "Ao cr PARCEL PARCEL N PARCELS y o u' N. A I r 8 r C f p G 0 11 sr ZONE LINE TO BE REVISED ;RESIDENCE "A-2" � c�v 217.31' 80 71.25' T -�—co S 82'41'52" E 375' I 0 BUSINESS "A" � 117.09 � 4' �* STREET I STREET I STREETS 875 #1325 #1339 #1355 s s & � Na d` #1353 f I � � 276.oa' `~ S 7fi�7'22' E 27Y.56` 61.48' 241.19' f S 82'41'S2" E S 8t'S9`52" E I SPRINGFIELD STREET NOV 4 i LEGEND t ZONED AS SHOWji EXISTING ZONE LINE ; ���, ••,-"..�.«` 0j;i,"; . if i PLAN FOR PROPOSED ZONE CHANGE s AGAWAM MASSACHUSETTS { PROPOSED ZONE LINE �,� Of Arts FOR CLEMENT J. TYNAN f vw- -, 1 , �]`3/ oak DAVID 1353 SPRINGFIELD STREET s L. AGAWAM, MA. 1E a b az .130 ton E. SCALE: SIV3ddV J0 '09/A03'dS"1! Rrt °� 10-11-2002 CHECKED. DLB PLAN NO. SHEEP NO 1 OF 1 D , LBEAN INC. SURVEYORS do 40 SCHOOL STR� T ENdINEERS WESTFIELD. MASSACHUSETTS ^' o _ I a UJ THE TOWN CoUNcEL D AGAWAM, MASSACHUSETTS - /6 0Z,2002 THE UNDERSIGNED RESPECTFULLY PETI'I`IONS THE TOWN COUNCIL TO REVISE THE ZONE LINES AND ZONE MAP ON PROPERTIES KNOWN AS 1325, 1339, 1353, AND 1355 SPRINGFIELD STREET IN THE FEEDING HILLS SECTION OF TOWN. CURRENTLY THE ZONE LINE SPLITS THE PROPERTIES,WHICH ARE NOW BEING USED FOR BUSINESS PURPOSES. GENERALLY, THE ZONE LINE IS 150 FEET FROM THE STREET LLNE; IS ZONED BUSINESS A ON THE STREET SIDE AND RESIDENCE A-2 ON THE REAR OF THE PROPERTIES,WHICH ARE ABOUT 262 FEET DEEP. THIS SITUATION CURRENTLY RENDERS THE REAR OF THE PROPERTIES USELESS. ATTACHED IS A PLAN SHOWING THE EXISTING AND PROPOSED ZONING. SINCERELY, J. PART OWNER: I353 SPRINGAELD STREET,AGAWAM r , DRNNIS REAL ESTATE j LONFs COYOTE REALTY TRUST 7 MUSBER STR9RT WEST SPRINGPXSLD, MA 01089 (413) 733-3780 October 28, 2002 The Town Council Agawam, Massachusetts To Whom It May Concern: The undersigned respectfully petitions the Town Council to revise the zone map on properties known as 1325, 1339, 1353 and 1355 Springfield Street in Feeding Hills section of town. Currently the zone line splits the properties, which are now being used for business purposes. The zone line is 150 feet from the street line; zoned Business A on the street side and Residence A-2 on the rear of the properties. This situation currently renders the rear of the properties useless. Should you have an questions, feel free to contact me. Sincere. #Le eb r oyote Realty Trust owner of 1325 Springfield Street UP r '. :y y441 , Owner: LONE COYOTE REALTY TRUST 1325 SPR.INGFIELD STREET, AGAWAM PARCEL"A"DESCRIBED AS FOLLOWS Beginning at the northwesterly comer of Parcel "A" and at the northeasterly corner of Parcel "B", said point being south 150 feet southerly from the southerly side of Springfield Street; thence running S82-41-52E for a distance of 2 17.3 1 feet to a point; thence running SIS E for a distance of 117.32 feet to a point; thence running N83-03-27W for a distance of 259.69 feet to a point, said point being the South East corner of Parcel "B"; thence continuing along westerly sideline of Parcel "B" 111.58 feet to the point of beginning. Parcel "A" is shown on plan entitled"Plan for Proposed Zone Change" Dated 10-11-2002. Owner: PALATIUM REALTY, INC. 1339 SPRINGFIELD STREET, AGAWAM PARCEL "B" DESCRIPTION AS FOLLOWS Beginning at the northeasterly corner of Parcel"B" and at the northwesterly comer of Parcel "A", said point being 150 feet southerly from the southerly side of Springfield Street;thence running southerly along the westerly sideline of Parcel "A" for a distance of 111.58 feet to a point;thence running N83-03-27W for a distance of 89.56 feet to a point; thence nmzning northerly along the easterly side of Parcel "B"and the Westerly side of Parcel "C" for a distance of 112.14 feet to a point; thence running S82-41-52E for a distance of 90 feet to the point of beginning. Parcel "B" is shown on plan entitled"Plan for Proposed Zone Change" dated 10-11-2002 Owner: CLEMENT J. TYNAN ET.ALS. 1353 AND 1355 SPR1NGFIELD STREET, AGAWAM PARCEL"C"DESCRIBED AS FOLLOWS: Beginning at the northeasterly corner of Parcel "C" and the northwesterly corner of Parcel "B", said point being 150 feet southerly from the southerly side of Springfield Street; thence running southerly along the westerly sideline of Parcel "B" for a distance of 112.14 feet to a point; thence running N83-03-27W for a distance of 53.50 feet to a point; thence running NO1-53-17W for a distance of 113,94 feet to a point;thence running 582- 41-52E fora distance of 71.25 feet to the point of beginning. Parcel "C"is shown on plan entitled "Plan for Proposed Zone Change" dated 10-11-2002 b t!S - . Q � .. In G � s 7, RESIDENCE "A-2" N 83'03'27" W 453.02' 259,68 89.56 53.50' y PROPOSED BUSINESS `A" o rn Ln 1 LA PARCEL �' PARCEL � PARCEL � �4 i » » { JD n r n r A I � �rr �� Cr M ICA ZONE LINE TO BE REVISED N RESIDENCE "A-2" S A co217.31 90 71.25' }' �--- S 82'41'52" E 378' O BUSINESS "A" 8T � 54'13" W 117.Og STREET I STREET STREET 5 �~ r #1325 #1339 #1355 S S f & C,A .0 01353 Ln \��. 0• a I (t1 ,ell276.00, S 76'17'22° E 2 71,58' 61.48' 241.19' S 82'41'52" E S 81'59'52" E i SPRINGFIELD STREET ' • y+ F;� ' ' to 1' , - 1 1 iW Nov LEGEND F ZONED AS SHOW F }''' f ------ ---- EXISTING ZONE LINE PLAN FOR PROPOSED ZONE CHANGE AGAWAM MASSACHUSMS PROPOSED ZONE LINE �N Of a*ss FOR CLEMENT J. TMAN +r DA" �G 1353 SPRINGFIELD STREET ' ,� i `;f L. AGAWAM, MA. s PATE: SCALE: SlV3ddV 20 'Llq/-A83s dSrjj a ON °TM 10-11-2002 CHECKED: DLB PLAN NO. SHEET NO 1 OF 1 Di . L.BEAN ING SURVEYORS & 40 SCHOOL. STFikET WESTFIELD, MASSACHUSETTS ENGINEERS G � s RESIDENCE `A-2' N 83'03'27" W 453.02' 259.68 89.56JPA PROPOSED BUSINESS `A'PARCEL co PARCEL nI r „�7o ZONE LINE TO BE REVISED "OESIDENCE "A-2"c 217.31' 901 S 82'41'52" E 378' o? BUSINESS "A" Cn IN 117.09' STREET STREET f STREET 5 8T 54, � 01325 #1339 01355 Q �•�� sso i I #1353 NA F. 276.00' S 76'1722 N E 271.58' 61.48' 241.19' --- S 82'41'52" E S 81'59'52` E SPRINGFIELD STREET LEGEND ZONED AS SHOWN EXISTING ZONE LINE PLAN FOR PROPOSED ZONE CHANGE AGAWAM MASSACHUSMS PROPOSED ZONE LINE OF FOR CLEMENT J. MAN DAVQ r3a 1353 SPRINGFIELD STREET i p�L. AGAWAM, MA. y OEM DATE: SCALE: 1"-80' tit 10-11-2002 CHECKED: DLB PLAN NO. H E6ET 1NO D. L,Bk&k INC, _ SURVEYORS do 40 BCHOOL $TT WEBTRlLD, MA88A10HUeETTB ENGNER8 s � pc^ G � tJ1 4 N ' RESIDENCE "'A-2" N 83'03'27" W 453.02' 259.68 89.56 53.50' 7- PROPOSED BUSINESS "A" o M 00 PARCEL PARCEL N PARCELw � R 0 3 HAn j ,. .. Eo " IE LINE TO BE REVISED N RESIDENCE "A-2' N m ZONE U 217.31' 90 71.25- -� � S 82'41'52" E 378' coBUSINESS "A" N I k W 117.09' STREET I STREET I STREETS #1325 #1339 #1355 k �q `p��, s o I I 01353 k N �� 7. '~ S 7fi'17'22" E 271.5$' 61.48' 241.19' S 82'41'S2" E S $1'59'52' E SPRINGFIELD STREET LEGEND ZONED AS SHOWN EXISnNG ZONE LINE PLAN FOR PROPOSED ZONE CHANGE AGAWAM MASSACHUSMS PROPOSED ZONE UNE �N Of FORas� CLEMENT J. TYNAN DAM r;c 1353 SPRLNGFILD STREET t. AGAWAM. MA, DEAN 1 DATE: SCALE: 1 w-80. p� 10-11-2002 CHECKED: DLB PLAN NO. S�E 1NO OF ESA, N MG. _ SURVEYORS do W SACHUSMS ENGIflmft*ER8 s G� y s N -ys s RESIDENCE `A-2' N 83'03'27" W 453.02' --� 2 9.58 89.56 53.50' Z PROPOSED BUSINESS "A" o PARCEL co PARCEL � PARCELp t , tl� .-I „ O • \LA B C p G to ^^� � ZONE LINE 70 BE REVISED 90, � RESIDENCE "A-2" � cc 217.31' ... 71.25 y {— S 8741*52' E 378' i a; BUSINESS A" I W 117.09 A �~ J STREET STREET STREETS #1325 #1339 #1355cq A 0 & `r , sLt I I #1353 tn � 27s.vo' SPRINGFIELD STREET LEGEND ZONED A5 SHOWN EXISTING ZONE LINE PLAN FOR PROPOSED ZONE CHANGE AGAWAM MASSACHUSMS PROPOSED ZONE LINE %N p1 Al FOR �M� CLEMENT J. 7YNAN or DAVIO �4� 1353 SPRINGFIELD STREET # L- AGAWAM, MA. u DEAN A r �+ V14�L: SCALE: o yrrt 40-11--2002 CHECKED: DLB LAN NO. SHErT NO 1 OF i D.I L EA INC. SURVEYORS & 40 BCHOOL STT EN�IIER$ WESTi� A, In ABACK NMTT8 Town of Agawam ,,. 36 Main Str-eet Agawam. Massachusetts 01001-1837 �1 el. 4.13-786-040Q Fax 413-786-9927 January 3, 2002 0 Gina M. Letellier, President A Robert M. Young, Vice President George Bitzas, Councilor Anthony Bonavita, Councilor Ruth Carr-Bitzas, Councilor Lowell P. McLane, Councilor Joseph Mineo, Councilor Richard C. Morassi, Councilor John Negrucci, Councilor Dennis Perry, Councilor Jill Simpson, Councilor Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on January 3, 2003, the Agawam Planning Board voted to send a positive recommendation to the Town Council with regard to the request by Clement Tynan and Jay LeFebvre, Lone Coyote Realty Trust to revise the zone lines and zone map for property known as 1325, 1339, 1353 and 1355 Springfield Street. The Planning Board supports the proposal for the following reasons. First, it will enable the commercial development which presently exists to have conforming status. Secondly, it will move the zone line from its present location which bisects the properties in question to the rear property lines. Finally, it will allow for the better utilization of the properties and, therefore, enhance their positive impact on Agawam's economy. Sincerely, Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD cc: Clerk File Town of Agawam - ' 36 NIAin Sti,"t Agawam, Massachusetts 01061-1$37 OF, Tel, 4.13-786-0400 Fax 413-786-9927 a January 3, 2002 Gina M. Letellier, President Robert M. Young, Vice President George Bitzas, Councilor Anthony Bonavita, Councilor Ruth Carr-Bitzas,Councilor Lowell P. McLane, Councilor Joseph Mineo, Councilor Richard C. Morassi, Councilor John Negrucci, Councilor Dennis Perry, Councilor Jill Simpson, Councilor Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on January 3, 2003, the Agawam Planning Board voted to send a positive recommendation to the Town Council with regard to the request by Clement Tynan and Jay LeFebvre, Lone Coyote Realty Trust to revise the zone lines and zone map for property known as 1325, 1339, 1353 and 1355 Springfield Street. The Planning Board supports the proposal for the following reasons. First, it will enable the commercial development which presently exists to have conforming status. Secondly, it will move the zone line from its present location which bisects the properties in question to the rear property lines. Finally, it will allow for the better utilization of the properties and, therefore, enhance their positive impact on Agawam's economy. Sincerely, Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD cc: Clerk File 0 0 To be run 12/19/02 & week of 12/23/02 LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, January 2, 2003 at 7:00 PM at the Agawam Public Library,750 Cooper Street,Agawam,MA. The purpose of this hearing will be to hear the petition of Clement Tynan; and Jay LeFebvre, Lone Coyote Realty Trust for a requested Zone Change. The request is to revise the zone lines and zone map on properties known as 1325, 1339, 1353 and 1355 Springfield Street. A copy of the proposed zone change 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 12/19/02 &week of 12/23/02) i Town of Agawam 36 'Main Street Agawam. Massachusetts 01061-1837 'Tel. 413-756-0400 Fax 413-786-9927 December 9, 2002 Gina M. Letellier, President Robert M. Young, Vice President George Bitzas, Councilor Ruth A. Carr Bitzas, Councilor Lowell P. McLane, Councilor Anthony Bonavita, Councilor Joseph Mineo, Councilor Richard C. Morassi, Councilor John Negrucci, Councilor Dennis Perry, Councilor Jill Simpson, Councilor Agawam Town Council 36 Main Street Agawam, MA 01001 Re: Springfield Street and Single Family Exemption Zoning Amendments Dear Councilors: The Agawam Planning Board was unable to'hold its meeting on December 5, 2002 due to the closing of the Library during a snow storm. The Board had two public hearings scheduled for that meeting. The public hearing for the Springfield Street zone change was a continuation from the November 21, 2002 meeting. The other public hearing regarding the exemption of single family dwellings from the Site Plan requirements was also scheduled. The Planning Board must re- advertise these hearings under state law. Due to the statutory time requirements, the Council must hold its public hearing on the Springfield Street zone change within 65 days of the Planning Board's receipt of the petition which is January 5' . Therefore the Council should go ahead and hold its hearing on December 16, 2002. However, the Planning Board will not be holding its continuation until January 2, 2003. Please hold your hearing on this item on December 16, 2002, but do not vote until your first meeting in January. The Planning Board will have its report ready for this zone change for that meeting. The Council has until February 19, 2003 to take action. Regarding the single family exemption,please also hold your hearing on this item,but delay action until your January 6'meeting. Since this is somewhat confusing, if you have any questions, please do not hesitate to contact me and let us hope that the weather cooperates with this revised schedule. Sincerely, s Deborah S. Dachos, Director Office of Planning and Community Development Town of Agawam 36 Main S ti eet Agawam, Massachusetts 01001-1837 'Tel., 4:1.3-786-0400 Fax 413-786-9927 MEMO TO: AGAWAM PLANNING BOARD FROM: DEBORAH S.DACHOS, DIRECTOR OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT SUBJECT: ZONE CHANGE/1325, 1339, 1353 and 1355 Springfield Street DATE: November 18, 2002 On November 1,2002,the Planning Board received a request for a zone change for Parcels A,B and C which are the rear yards for 1325, 1339, 1353 and 1355 Springfield Street from Residence A-2 to Business A. The properties are owned by Clement J. Tynan et.als,Lone Coyote Realty Trust and Palatium Realty, Inc. The Planning Office has conducted a review of this proposal and submits this report for your information. All the structures located at the above addresses are used for business purposes. The Community Shops are located at 1325 Springfield Street. The Community Shops Site Plan was approved by the Planning Board on November 15, 1984. At that time,it was represented to the Planning Board that the property was zoned Business A. As laid out, the Community Shops building is located in Residential A-2. The Feeding Hills Post Office is located at 1339 Springfield Street. The building is located on approximately one-half acre and appears to be in Business A. The building was constructed in 1950. To the rear of the building is a paved area which is located in the Residence A-2 zone. This area is used for parking. Landmark Realty is located in the next structure, 1353 Springfield Street. It appears to be a converted residential structure. The land to the rear of the building is undeveloped and unmaintained. The final structure houses the School of Self-Defense. This structure is classified as a warehouse style building on the assessors cards. It was built around 1950. There is also a large garage to the rear of this building. The may be in the Residential A-2 zone. I am.unsure what the structure is used for. To the rear of these properties is a driveway which runs from the parking lot at Granger School to the driveway for the Junior High School. All four of the properties included within this proposal have fences which separate them from school property. r I have attached for your information a number of pieces of information. I have included a copy of plan submitted by the applicants showing the proposed zoning map change. I have also attached a copy of the Assessor's map showing the properties as they are listed for tax purposes. I have included the tax card information for 1325, 1339 and 1353 Springfield Street. Land Use and Zoning All of the property in question is located on Springfield Street in close proximity to the intersection with South Westfield Street. The property is abutted to the south entirely by school property which is also split between Business A and Residence A-2. The copy of the Zoning Map which I have attached does not accurately depict the zoning as shown on the Zoning Map in the Building Department. The Business A zone on the attached map shows it to be approximately 200' wide when, in reality, it is 150'. To the south of the Business A zone is a square of Residence A-2. I have researched the reason for this zone as far back as the 1950 Zoning Map and have been unable to determine why it was created. Please refer to the attached memo to the Inspector of Buildings in which I outline my research. If the zoning is changed from Residence A-2 to Business A, the following uses would be allowed: (please refer to Section 180-44 of the Zoning Ordinance which is attached): ♦ Any use permitted in a Residence or an Agricultural District ♦ Retail, banks hotels, dining establishments, halls and office buildings ♦ One-story public garages ♦ Gasoline filling stations ♦ Open-air transient parking (after a Special Permit is granted by the Board of Appeals) ♦ Cabins ♦ Drive-in or Drive-thru restaurants(after a Special Permit is granted by the Board of Appeals) 1 Drive-thru service windows(after a Special Permit is granted by the Board of Appeals) 1 Two family dwelling for two housekeeping units. Under the present Residence A-2 District the following uses are allowed: ( Please refer to 180-23 of the Zoning Ordinance which is attached.) ♦ Any use permitted in a Residence A-1 District ♦ One family detached dwelling ♦ Office for a dentist, artist, architect, profession engineer,teacher of scholastic subjects, or a beauty parlor ♦ Renting of rooms for not more than four(4) residents ♦ Schools for academic purposes and community center buildings ♦ Colleges,public libraries or museums ♦ Private kindergartens and day nurcries ♦ Bus passenger stations or shelters ♦ Telephone exchange buildings. Other Considerations The proposed Zoning Map change, if approved,will do a couple of things. First, it will enable the applicants to use their property for business purposes. Secondly, it will allow the overlying zone to correspond to some of the existing uses. For example, the Community Shops will then be in the proper zone, as well as the parking lot to the rear of the Post Office. My greatest concern with the proposal would be the possible build out of the properties which are not presently utilizing their entire parcel. This would be 1339, 1353 and 1355 Springfield Street. This particular segment of Springfield Street experiences significant traffic congestion during peak travel times (AM and PM commuting times). In addition to the traffic volumes, there are multiple curb cuts on both sides of the road. All three of these properties generate relatively low volumes of traffic. Future, larger uses may not. Also 1353 and 1355 share a common driveway. The potential for larger building and/or large traffic generation would further aggravate the traffic conditions in this area. t as• O\" V' •,^^ 2 V,^ V9. Ns RESIDENCE "A-2" N 83'03'27" W 453.02' 259.68 89.56 53.50' z PROPOSED BUSINESS "A" LA o PARCEL PARCEL N PARCELS ; , tf� 3 ! JD M M n p A" C NZONE LINE TO SE REVISED g0, '`;RESIDENCE "A-2" 00 217.31' 71.25' i T w-- S 82'41'52" E 378' ca. BUSINESS "A" f 1 3 � STREET I STREET I STREETS ST54 y.. #1325 #1339 #1355 � O o 11353 N� ��, cP• o • �rl Lo 276.00' 271.58' 61.48' 241.19' S 5741,52" E S 81.59'52' E SPRINGFIELD STREET y r T y LEGEND ZONED AS SHOW EXISTING ZONE LINE PLAN FOR PROPOSED ZONE CHANGE l� AGAWAM MASSACHUSETTS 6 PROPOSED ZONE LENS � 06 44fj' FOR l� � CLEMENT J. TYNAN v w ' �} 'i/J v� DAViD yG 1353 SPRINGFIELD STREET AGAWAM, MA. } 1 v 8Z 130 BF� DATE: SCALE: slv3ddv j0 'E;o!A?J]s dS�rj a Rrt �� 10-11--2002 CHECKED: DLS PLAN N0. SHEET NO 1 OF 1 DL .DEAN INC. SURVEYORS �c 40 SCHOOE. srfuf ENGINEERS WE8TFIEL.D. MASSACHUSETT8 � t t x i$ Z JAI A PARCEL MAP s9 lo a J d UJ a � th h, z*a-9 9 }? e S•R$ 0 54 rin t.{ Ail 1� ZONING vum y i _ .•..r t �.•/ 1,4.' YJ1�Y ww YrVlf s lie • +iti�jis ' � 1 S. • f ELEM. REE HAMAR =. 4L .. Ulf ID zY Z JL- TER. x t LEGENDOe t I .,�. RSlaFNCE q� ,'Z �, AGR/C UL 791i4F G' 13US!AtZSS a ! 'I�l.a t1S T R 1A j, oQ XNDL/4 T R/q t. BRESIDENCE A- 4 ± q a d :e. 0 Page 1 of 1 Card I of 1 Location 139 SPRINGFIELD ST Parcel ID E9 2 3 Current Property Mail Address Owner LEFEBVRE PAUL L TRUSTEE City WEST SPRINGFIELD LONE COYOTE REALTY TRUST State MA Address 7 MOSHER STREET Zip 01089 Zoning BA Current Property Sales Information .. --._._...--T ------ ------ 5ale Date 5/18199 Legal Reference 10769-517 Sale Price 1,425,000 Grantor Seller PACELLA JOSEPH A, Two Year Prior Assessment History Fiscal Year 2000 Fiscal Year 2001 Property Use 323 Property Use 323 Total Value 1,494,000 Total Value 1,488,900 Current Property Assessment Fiscal Year 2002 Building Value 1,238,000 Land Area 1.771 acres Land Value 250,900 Total Value 1,488,900 Narrative Description__- ____ his property contains 1.771 acres of land mainly classified as SHOPCTR with a(n)SHOP CTR style building,built about 1986, having BRICK VENR exterior and ASPHALT roof cover,with 19 unit(s),0 total room(s),0 total bedroom(s),0 total bath(s), 10 total half baths. Click Images to Enlarge ! FFL 5FL JIF _ RR k 5FL FFL + FFL 2 2 2 Ili FFL 2 3 FP 32 http://www.patriotproperties.cotn/agawain/summary-bottom.asp 11/19/2002 . Page 1 of 1 Card ] of 1 Location 1339 SPRINGFIELD ST Parcel ID E9 2 Current Property Mailing Address Owner PALATIUM REALTY INC City SUFFIELD State CT Address 65 THISTLEDOWN Zip 06078 Zoning BA __ Current— Property Sales Information �.._ -- - -- _ — —.- — Sale Date 215191 Legal Reference 7635 462 Sale Price 0 _ J Grantor Seller PACELLA Two Year Prior Assessment Hisb Fiscal Year 2000 Fiscal Year 2001 Property Use 350 Property Use 350 Total Value 197,400 Total Value 197,400 Current Property Assessment Fiscal Year 2002 Building Value 121,700 Land Area 0.542 acres Land Value 80,200 Total Value 201,900 _Narrative Description, his property contains 0.542 acres of land mainly classified as POST OF with a(n)POST OFF style building,built about 1950, having BRICK VENR exterior and TAR+GRAVEL roof cover,with 1 unit(s),0 total room(s), 0 total bedroom(s),0 total bath(s),2 total half baths . 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Page 1 of 1 Card 1 of 2 Next Card Last Car Location 1353 SPRINGFIELD ST Parcel ID E9 2 Current PMptq Mailing Address Owner TYNAN ROBERT J City FEEDING HILLS TYNAN CLEMENT J&MARY E State MA Address 693 NO WESTFIELD ST Zip 01030-1245 Zonino BA Current Property Sales information Sale Date 5/17/95 Legal Reference 9132 456 Sale Price 0 Grantor Seller TYNAN CLEMENT J&ROBERT Two Year Prior Assessment History Fiscal Year2000 Fiscal Year 2001 Property Use 316 Property Use 316 Total Value 205,900 Total Value 205,900 Current Pro et Assessment Fiscal Year 2002 Building Value 128,500 Land Area 0.500 acres Land Value 77,400 Total Value 205,900 Narrative Description [his property contains 0.500 acres of land mainly classified as COM WHS with a(n)WAREHOUSE style building,built about 1960, ing CONC BLOCK exterior and ASPHALT roof cover,with 1 unit(s),0 total room(s),0 total bedroom(s),0 total bath(s),2 total f baths . Click Images to Enlarge 5 32 1 1 L K 5 Y sc i s rFL BMT - a r 5- *r 32 12 I f i Memo To: Nick Urbinati, Inspector of Buildings From: Deborah Dachos, Director Planning and Community Development Subject: Zoning Request Date: September 17, 2002 Attached please find a request from Dave Bean on behalf of his client Ralph DePalma concerning zoning clarification for three lots,4,5 and 6 on Assessor's map E9,2. The question is regarding the depth of the Business A zone on these lots. As you are aware,the map in the Building Department shows the Business A zone to be 150' deep. The property owner has retained one of the Town's paper maps which appears to show the zone as being deeper. Attached you will also find a copy of the applicable section of the 1950 Zoning Map which was updated to the early 1960's. The map shows the Business A zone as 150' deep, There is a note on the map and also on the map in the Building Department which reads as follows: "District boundary lines follow property lines only when shown as solid lines. Dash lines do not follow property lines." The district boundary line on lots 4 and 5 is a dashed line. Therefore, it appears that the front portion of these lots is in Business A and the rear portion is in Residence A-2. cc: T. Locke, Solicitor D. L.Bean 0 D. L. BEAt, INC. LAND CONSULTANTS CL �- 413-562 7566 Forty School Street Fax # 413-562-2091 SURVEYORS Westfield, Mass, 01085 ENGINEERS September 11,2002 Agawam Planning Department 36 Main Street Westfield, MA 01085 attn: Deborah Dachos, Town Planner RE: Zone Line Request Dear Debbie: As Discussed today with Ralph DePalma, we are requesting your determination on the Business "A"zone delineation on Springfield Street in the Feeding Hills section. More particularly, the properties in question are the three lots numbered 4, 5, and 6, on Assessor's map E9, Section 2. (Copy enclosed.) Thank you for your attention to this request. Sincerely, D. L. David L.Bean,President Enclosure cc: Ralph DePalma ,roe,'(%,rpi ; `•"` . e 4 DLB/ssc ' S 2 S ' �y �, .�s Z b• �L. 66'90Z r x t� r i - s8•rs * q M! /1 N o - , a { rr „j © (.Q w it co z cc cri N � r So��N 0 a 0 § 180-21 ZONING § 180-23 § 180-21. lot size. No lot shall have a frontage of less than one hundred twenty-five (125) feet on a street or an area of less than seventeen thousand (17,000) square feet. § 180-22. Lot coverage. No principal building shal# be erected or altered so as to cover more than thirty percent (30%) of the area of the lot on which it is located. ARTICLE III Residence A-2 Districts § 180-23. Permitted uses. In any Residence A-2 District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one (1) or more of the following: A. Any use permitted in a Residence A-1 District. B. A one-family detached dwelling for one (1) housekeeping unit only,- provided, however, that the Board of Appeals, upon an.appeal from an order or decision made by the Inspector of Buildings and if it deems such action wise and if it shall appear to the Board that such action will tend to preserve the standard and character of the neighborhood, may authorize a variation in the use of a one-family dwelling existing at the time of the adoption of this Article so that such dwelling may be altered and improved and facilities added for a second housekeeping unit. In all such cases the petitioner, as a condition precedent to the privilege herein granted, shall present adequate plans setting forth the changes and improvements to be made and shall have secured the written consent and approval of at least three (3) of the following property owners: (1) The owner of the lot on either side of the petitioner's property. (2) The owner of the lot adjacent in the rear of the petitioner's property. 18027 t § 180-23 AGAWAM CODE § 180-23 (3) The owner of the lot directly across the street therefrom. Where the petitioner is the owner of a lot on either side, in the rear or across from the property for which a variation is requested, such lot shall be omitted, in which case written consent and approval shall be secured from the owner of the property next to that owned by the petitioner In case there are two (2) or more lots adjacent in the rear or sides of (fie petitioner's property, the crwni;r of the lot which abuts the greater length on the petitioners property shall be deemed the owner of the lot adjacent to the petitioners property, as used in this section. In the case of an appeal for a variation involving a dwelling situation on a corner lot or so located that the obtaining of the exact numerical assents of the owner above enumerated is unreasonable or impossible, the Board of Appeals may grant the variation, provided that the consents of the property owners are obtained substantially in accordance with the principals herein set forth as may be determined by the Board of Appeals. The power to authorize such variation of the use of existing dwellings shall be within the sound discretion of the Board of Appeals, and no variation in use shall be granted unless it shall be clear that the relief requested will not be detrimental to the best interests of the vicinity and will be in harmony with the general purpose and intent of this chapter. Each case shall be considered on its own merits, and no case shall raise a presumption in favor of any other case. No decision of the Board of Appeals shall be considered as changing or affecting the zoning of any Residence A-2 District. . C. The office or studio of a dentist, artist, architect, professional engineer or teacher of scholastic subjects residing on the premises or a beauty parlor wherein one (1) of the residents is the sole operator. The space occupied by such office, studio or parlor shall not exceed twenty percent (20%) of the total floor area of the dwelling, exclusive of the basement. No display, sign or other advertising devise shall be permitted except an interior illuminated, reflective or nonilluminated professional nameplate having an area of not more than one hundred forty-four (144) square inches. The studios or offices of dancing or I music teachers, photographers, masseurs, veterinarians, riding schools and other similar businesslike pursuits are prohibited. 18028 § 180-23 ZONING § 180-23 D. The renting of rooms and the furnishing of table board to not more than four (4) resident persons in a dwelling occupied as a private residence. No display, sign or other advertising device, illuminated or otherwise, shall be visible from the street except a nonilluminated announcement sign having an area of not more than one hundred forty-four (144) square inches. E_ Schools for academic purposes only and community center buildings, except dancing or bowling and like activities, provided that there is no display or advertising visible from the street, other than as permitted in Subsection C of this section. F. Colleges, public libraries or museums, churches or other places of worship, parish houses and Sunday school buildings. G. Private kindergartens and day nurseries conducted in otherwise permitted buildings in this district, provided that not more than twenty- five percent (25%) of the floor area of the building, exclusive of the basement, is used primarily for this purpose. H. Bus passenger stations or shelters, not including repair service or garaging. I. Telephone exchange buildings. J. Accessory buildings and uses customarily incident to any use permitted in this section, provided that such use shall not be offensive or dangerous to life by reason of health or fire, and provided further that such accessory use shall not include any activity conducted for gain. No advertising device, whether illuminated or otherwise, shall be permitted, except that an interior illuminated, reflective or nonilluminat- ed announcement sign having an area of not more than one hundred forty-four (144) square inches may be displayed. _ i K. The keeping and raising of poultry, livestock and pigeons, whether for 3 the table or other purposes, or other like objectionable uses are 3 prohibited, I L. Private garages, provided that no business, service or industry is conducted therefrom or therein. Not more than one (1) motor vehicle for each five thousand (5,000) square feet of lot area or fraction thereof, nor more than five (5) motor vehicles, not more than one (1) of which may be unregistered, shall in any case be kept on the premises. 18029 § 180-23 AGAWAM CODE § 180-25 Only one (1) such vehicle may be a commercial vehicle and of not more than three-fourths (3/a) tons weight of capacity. Space for motor vehicles shall not be leased or rented for commercial vehicles. No commercial vehicles shall be parked on a lot in the open. These space regulations shall apply to vehicles regularly left on the lot, whether housed or in the open. M. Not more than one (1) house trailer may be kept on the premises. The trailer shall not be used for living quarters while so located. Space shall not be leased or rented for trailers. N. Uses outlined in § 180-37B and C, when the line separating a Residence A-2 District from an Agricultural District runs through a property not being used for agricultural purposes so that the future use of the whole property for agricultural purposes would be prohibited. § 180-24. Height regulations. A. A residence building shall not exceed two and one-half (21/2) stories or more than thirty-five (35) feet in height. Other buildings such as schools, telephone exchanges and community center buildings and other uses permitted in § 180-23E shall not exceed fifty (50) feet in height. Chimneys, steeples and flag or radio poles are exempt from the height provision of this section. B. Accessory buildings or structures, including private garages, shall not exceed seventeen (17) feet in height for a one-story building. A one- and-one-half-story accessory building shall not exceed twenty-five (25) feet in height. § 180-25. Setback requirements. A. No part of any building shall be placed within thirty (30) feet of any street line. S B_ No part of any garage or other accessory building situated within sixty- five (65) feet of any street line shall extend within fifteen (15) feet of any lot line intersecting such street which serves as a side lot line located in any residence district or within fifteen (15) feet of any street line. 18030 § 180-25 ZONING § 180-28 C. On a corner lot. no part of any building shall be erected or altered so as to be less than twenty-five (25) feet from any street line. D. Open porches which are twenty (20) feet or more from the street line may be enclosed on one (1) or more sides with glass enclosures. § 180-28. Yank. A. Skip yards. (1) There shall be a side yard between a principal building and any side lot line which shall be fifteen (15) feet wide in its least dimension. (2) Detached garages or accessory buildings shall be placed at least five (5) feet from the side lot line if located more than sixty-five (55) feet from a street line. B. Rear yards. (1) There shall be a rear yard on every lot between the principal building and the rear lot line. It shall be twenty (20) feet deep in its least dimension. (2) One-story accessory buildings shall be placed at least five (5) feet from the rear lot line, and one-and-one-half-story accessory buildings shall be placed at least ten (10) feet from the rear lot line. § 180-27. Lot size. No lot shall have a frontage of less than one hundred ten (110) feet nor an area of less than fifteen thousand (15,000) square feet. i I § 180-28. Lot coverage. No principal building shall be erected or altered so as to cover more than forty percent (40%) of the area of the lot on which it is located. E E 18031 § 180-43 ZONING § 180-44 E. To assure that special use structures shall be reasonably attractive in appearance, the builder or his representative shall submit to the Planning Board, in addition to other requirements, an architect's rendering or comparable illustration of the planned construction, including landscaping, prior to applying for a building permit. Unless such a drawing approved by the Planning Board is submitted to the Inspector of Buildings, no permit for a building shall be issued, nor small an occupancy permit be granted, unless and until the finished structure conforms to the drawing submitted. F. Not more than one motor vehicle per 5,000 square feet of lot up to a limit of five motor vehicles shall be kept in accordance with Chapter 91 of the General Laws, only one of which can be an unregistered vehicle, exclusive of farm equipment. ARTICLE VI11 Business A Districts § 180-44, Permitted uses. In any Business A District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one or more of the following: A. Any use permitted in a residence district or an Agricultural District. B. The major use of a building or structure in this district shall be to store and display goods for sale at retail on the premises or to furnish a service intended for residents of the immediate vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered as complying with such requirements. C. No building, structure or land shall be used in whole or in part for any fabricating, manufacturing, converting, altering, finishing or assembling. D. One-story public garages for storage or repair of not more than 50 cars. The storage of a maximum of 150 motor vehicles out of doors is allowed to holders of first- and second-class motor vehicle dealer licenses. Body and fender work and the painting of cars in or out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck 18041 4-1-2001 § 180-44 AGAWAM CODE § 180-44 bodies, tailgates, road sanders, farm machinery, school buses and ambulances is permitted. An underground tank of not more than 1 ,000 gallons' capacity for drain oil is permitted. E. A gasoline filling station, provided that not more than 30,000 gallons of gasoline shall be stored on the premises. An enclosed lubritorium for not more than three motor vehicles shall be permitted. Only minor repairing of motor vehicles is permitted. F. Open-air transient parking, after a public hearing by the Board of Appeals. G. Cabins, if licensed under MGL C. 140, § 32A to 32E, inclusive. H. [Added 3-21-1994 by TOR-94-1; amended 3-8-2000 by TOR-2000-11 Drive-in restaurants and drive-through restaurants, after a special permit by the Board of Appeals in conformance with § 180-11. At no time shall less than 50 parking spaces be provided on site. (1) The parking or loading requirements set forth in this subsection may be reduced as part of the special permit by the Board of Appeals if the Board of Appeals finds that the reduction is not inconsistent with the requirements of the Zoning Bylaws of the Town of Agawam. (2) If a reduction is allowed, a reserve area, to be maintained indefinitely as landscaped open space, must be required sufficient to adequately accommodate the difference between the parking spaces required (i.e., the sum of the parking spaces required for the separate used individually) and the parking spaces provided. The parking/site plan shall show (in dotted outline) the reserve area laid out in full compliance with any parking or loading requirements as set forth in said Chapter 180, including the required number of spaces. In no event shall the Board of Appeals reduce the parking or loading requirement below 30 spaces. i. Drive-through service windows utilized by any business shall require a special permit from the Board of Appeals in conformance with i § 180-11 . [Added 9-20-1997 by TOR-97-81 18042 4-t-zoos § 180-45 ZONING § 180-46 § 180-45. Height regulations. A. A business building shall not exceed three stories or 45 feet in height. These provisions shall not apply to chimneys, flag or radio poles, water tanks or hose towers or required bulkheads or elevator penthouses. A residence building shall comply with the height requirements for Residence B Districts. B. Heights of other buildings and structures permitted in this zone under § 180-44A shall not exceed the height permitted in Residence B Districts. § 180-46. Setbacks; yards; loading areas. A. Setbacks shall be at least 35 feet. B. Side yards are not required for business buildings. C. Rear yards shall have a minimum of 25 feet. D. Space shall be provided for vehicle parking and for the loading and unloading of all materials, equipment and merchandise on the premises and entirely off the traveled way, with such additional space (Cont'd on page 18043) 18042.1 4-1--2001 r' § 180-46 ZONING § 180-48 as may be necessary to provide free and easy access to that portion of the buildings so as not to interfere with traffic on the public way. Loading and unloading platforms and doorways especially designed for loading and unloading goods are prohibited on the front of any building. E. A building devoted in whole or in part to residence or other purposes permitted in § 180-44A shall comply with the requirements prescribed for Residence B Districts. [Amended 4-7-1986 by TOR-86-6] § 180-47. Lot coverage. A. No business building shall be erected or altered so as to cover more than fifty percent W%) of the area of the lot upon which it is located. [Amended 4-7-1986 by TOR-86-61 B. Notwithstanding any other provision of this section, no building or other structure shall be erected, altered or used for residential purposes which shall accommodate or house more than four (4) families. All four-family buildings or structures used for residential purposes shall be erected on a parcel of land containing not less than one (1) acre in area and having not less than one hundred fifty (150) feet of frontage on a street. C. Not more than one (1) unregistered motor vehicle shall be allowed on any parcel of land used as a gasoline filling station; provided, however, that any such gasoline filling station having an automobile dealer's permit shall be governed by the provisions of such permit. ARTICLE IX Business B Districts § 180-48. Permitted uses, In any Business B District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one (1) or more of the following: A. Except as otherwise provided in this Article, any use permitted in a Residence, Agricultural or Business A District. 18043 12-10-s5 1 To N OF AGAWAM ,1, J INTEROFFICE MEMORANDUM 'r r 1 To: Planning Board CC: File From: Engineering Date: November 7, 2002 Subject: Proposed Zone Change - 1325, 1339, 1353, 1355 Springfield Street WO-02-79 Per your request dated November 1, 2002 we have reviewed the proposal and plan entitled."Plan For Proposed Zone Change, Agawam, MA', dated October 10, 2002 prepared by D.L. Bean, Inc. for Clement J. Tynan, and have no comments at this time: If you have any questions, please contact our division. Sincerely, 6L' es T.Daley,P.E. -Ih'1C.t✓ Adam S. Chase, E.I.T. Town Engineer Civil Engineer I hA=tneer%wo%02-79.wpd , s. Town of Agawam 36 Iviain Street Agawam, Massachusetts 0 001-1.$37 TeL 41.3-7$6-4404 Fay: 413- g6-992? November 7, 2002 Dear Abutter: Clement Tynan and Jay LeFebvre, Lone Coyote Realty Trust have submitted to the Town a request for a zone change on property located at 1325, 1339, 1353 and 1355 Springfield Street. The proposal is to revise the zone line which currently splits the properties that are now being used for businesses purposes. The zone line is 150 feet from the street line; zoned Business A on the street side and Residence A-2 on the rear of the properties. The Assessors Office lists you as an abutter and therefore must be notified of the upcoming public hearing. The Planning Board will be holding a public hearing on this request on Thursday, November 21, 2002 at 7:15 PM. The meeting will be held at the Agawam Public Library, 750 Cooper Street, Agawam. You are encouraged to attend and comment. Sincerely, 4 � I , Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD DBH/DSD:pre SCC,LLC Rose Bessette 9 Trilby Avenue 1277 Springfield Street Chicopee, MA 01020 P.O. Box 111 Feeding Hills, Ma 01030-0111 Carmino, James &Frank Grimaldi Mass Country Manor Limited Partnership 1279 Springfield Street 380 Union Street Feeding Hills, MA 01030 West Springfield, MA 01089 Steven Draghetti & Catherine Draghetti Sun Co., Inc. 26 Independence Road 1801 Market Street Feeding Hills, MA 01030 Philadelphia, PA 19103 S&L Asset Management Co. Calvary Assembly of God 1000 Wilbraham Road 34 Meadow Street Springfield, MA 01109 Agawam, MA 01001 J&J Agawam Realty Associates LLC Partnership Robert Bolduc 1010 Northern Boulevard Pride Convenience, Inc. Suite 306 246 Cottage Street Great Neck,NY 11021 Springfield,MA 01104 Lynette Williams 14 North Westfield Street St. Marie Enterprises, Inc. Feeding Hills, MA 01030 363 Tremont Street Springfield,MA 01104 Richard R. Asselin, Tr. & Carole A Tr. Millers St RT and Johnston AV RT '� 1981-118 Memorial Drive 3(k, Chicopee, MA 01020-4322 �d o a- To be run 1117/02 & 11/14/02 LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday,November 21, 2002 at 7:15 PM at the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of Clement Tynan; and Jay LeFebvre, Lone Coyote Realty Trust for a requested Zone Change. The request is to revise the zone lines and zone map on properties known as 1325, 1339, 1353 and 1355 Springfield Street. A copy of the requested zone change and legal descriptions 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, Acting Chairman Agawam Planning Board (Ad to be run 11/7/02 & 11/14/02) vv - - .:71 D. E. BEAN, INC. L MVVO @1P U ° M]Wut OUVEL Land Consultants 10 Forty School Street WESTFIELD, MASSACHUSETTS 01085 PATE JOB NO. (413) 562-7566 October 31, 2002 FAX (413) 562-2091. AT NT,0 Deborah Dachos, Town Planner TO RE: Agawam Planning Department Zone Change Petition 36 Main Street 1325-1355 SpringfieldStreet Agawam, MA 01001 WE ARE SENDING YOU N Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans D Samples ❑ Specifications Z Copy of letter ❑ Change order COPIES DATE No. DESCRIPTION 2 10-28-02 1 Petition of JaX LeFevre for Zone Change 1 10-30-02 1 Letter to Building a artment THESE ARE TRANSMITTED as checked below: ❑ For approval © Approved as submitted ❑ Resubmit copies for approval ❑ For your use [L Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment X To be included in petition submitted on 10-28-02 ❑ FOR BIDS DUE— 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS_Debbie. This is the owner of the strip mall on Springfield Street. Originally he was going to give us a letter of support for the public hearings. but sent this_instead, which I believe should be part of the application. The third owner. Parcel "B" is Ralph DePalma, for whom we are doing this work for. Originally I sent this information to Nick, who called today to request that T send it to you. o ve an questions, _21e4se call me. Thank you. :fir .'•F+,"�,�• .. R sine ly, COPY TO Council Clerk ' �S�G<�EED: If enclosures are not as noted, rnd►y notify uspt once. David L. Bean, President DEWIS REAL ESTATE / LONE COYOTE RRALTY TRUST 7 MOSHER STREET WEST SPRINGFIELD, MA 0.I089 (413) 733-3780 October 28, 2002 The Town Council Agawam, Massachusetts To Whom It May Concern: The undersigned respectfully petitions the Town Council to revise the zone map on properties known as 1325, 1339, 1353 and 1355 Springfield Street in Feeding Hills section of town. Currently the zone line splits the properties, which are now being used for business purposes. The zone line is 150 feet from the street line; zoned Business A on the street side and Residence A-2 on the rear of the properties. This situation currently renders the rear of the properties useless. Should you have an questions, feel free to contact me. ACoyote ealty Trust Owner of 1325 Springfield Street fOppA =' . ip F t NOV 20 � ' may •,r 0 .i�4,W i D. L BEAN, IN �-� Land Com tams* L19 @09 � d �G�Q44Gad Forty School Sbvd WESTFIELD, MASSACNUSE7TS 01085 DATE JOB NO. (413) 562-7566 October 30 2002 FAX (413) 562.2091 A Nick Urbinati Inspector of Buildings l TO RE: Agawam Building Department Zone Chan a Petition I 36 Main Street 1325-1355 Springfield Street Agawam, MA 01001 WE ARE SENDING YOU 2 Attached 0 Under separate cover via the following Aerns: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications IX Copy of letter ❑ Change order ❑ COPIES DATE No. DEscw- am 2 10-28-02 1 Petition of .lay LeFevre for Zone Change THESE ARE TRANSMITTED as checked below: C For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints • For review and comment 11 To be, included in petition suhmitted nrl�]a-2R-02 ❑ FORBIDS DUE_ _ _ 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Nick: This is the owner of the strip mall on Springfield„ Street. Originally he was going, to give us a letter of support for the public hearings, but sent this instead, which I believe should be part of the application. The third owner, Parcel "B" is Ralph DePalma, for whom we are doing this work for. If you have any questions, please call me. Thank you. �i h` simaerely,.. f COPY TO Ralph DePalma SIGNED: Bean, President Town -of A 1 36 mi ain Street Agawam,Massachusetts 01001-1837 'Tel. 4.13-786-0400 Fax. 413-786-9927 MEMO TO: Safety Officer Fire Department Health Department Conservation Commission Engineering/DPW School Committee Board of Appeals FROM: Planning Board DATE: November 1, 2002 SUBJECT: Proposed Zone Change- 1325, 1339, 1353 and 1355 Springfield Street The Planning Board has received a proposed Zone Change for the above-mentioned properties on Springfield Street. Please review this proposal and submit any comments you may have to the Board prior to their November 21, 2002 public hearing. Thank you. DBH/DSD:pre 1 To: Planning Board --- --From: Ursula Retzler, Council Clerk Subject: Zone Change . Date: November 1, 2002 ZONE CHANGE -- to revise the zone lines and zone map on properties known as 1325, 1339, 1353 & 1355 Spfld. St. , F", MA. Received by Council Clerk from Bldg. inspector on October 31, 2002. Submitted to Planninq Board on November 1 2002. Plannin Board to hold their public hearing on_ November 21, 2002. City -Council prop�ed to _buld their-.pub] _hearing an --- Planning Board Signature .4. e 0 o C ^' z ZL;11 cm MF= . 7J THE TOWN COUNCIL D 3vc? AGAWAM, MASSACHUSETTS Z&=,,,-2002 THE UNDERSIGNED RESPECTFULLY PETITIONS THE TOWN COUNCIL TO REVISE THE ZONE LINES AND ZONE MAP ON PROPERTIES KNOWN AS 1325, 1339, 1353, AND 1355 SPRINGFIELD STREET IN THE FEEDING HILLS SECTION OF TOWN. CURRENTLY THE ZONE LINE SPLITS THE PROPERTIES, WHICH ARE NOW BEING USED FOR BUSINESS PURPOSES. GENERALLY, THE ZONE LINE IS 150 FEET FROM THE STREET LINE; IS ZONED BUSINESS A ON THE STREET SIDE AND RESIDENCE A-2 ON THE REAR OF THE PROPERTIES,WHICH ARE ABOUT 262 FEET DEEP. THIS SITUATION CURRENTLY RENDERS THE REAR OF THE PROPERTIES USELESS. ATTACHED IS A PLAN SHOWING THE EXISTING AND PROPOSED ZONING. SINCERELY, :yw 4 .T. T PART OWNER: 1353 SPRING LD STREET, AGAWAM Owner: LONE COYOTE REALTY TRUST 1325 SPRINGFIELD STREET, AGAWAM PARCEL "A" DESCRIBED AS FOLLOWS Beginning at the northwesterly comer of Parcel "A" and at the northeasterly comer of Parcel "B", said point being south 150 feet southerly from the southerly side of Springfield Street; thence running S82-41-52E for a distance of 217.31 feet to a point; thence running S 13 E for a distance of 117.32 feet to a point; thence running N83-03-27W for a distance of 259.68 feet to a point, said point being the South East comer of Parcel "B"; thence continuing along westerly sideline of Parcel "B" 111.58 feet to the point of beginning. Parcel"A" is shown on plan entitled"Plan for Proposed Zone Change" Dated 10-11-2002. Owner: PALATIUM REALTY, INC. 1339 SPRINGFIELD STREET, AGAWAM PARCEL "B" DESCRIPTION AS FOLLOWS Beginning at the northeasterly comer of Parcel "B" and at the northwesterly comer of Parcel "A", said point being 150 feet southerly from the southerly side of Springfield Street; thence running southerly along the westerly sideline of Parcel "A" for a distance of 111.58 feet to a point; thence running N83-03-27W for a distance of 89.56 feet to a point; thence running northerly along the easterly side of Parcel "B" and the Westerly side of Parcel "C" for a distance of 112.14 feet to a point; thence running S82-41-52E for a distance of 90 feet to the point of beginning. Parcel 'B" is shown on plan entitled"Plan for Proposed Zone Change" dated 10-11-2002 Owner: CLEMENT J. TYNAN ET.ALS. 1353 AND 1355 SPRINGFIELD STREET, AGAWAM PARCEL "C" DESCRIBED AS FOLLOWS: Beginning at the northeasterly comer of Parcel "C" and the northwesterly comer of Parcel "B", said point being 150 feet southerly from the southerly side of Springfield Street; thence running southerly along the westerly sideline of Parcel "B" for a distance of 112.14 feet to a point; thence running N83-03-27W for a distance of 53.50 feet to a point; thence running NOI-53-17W for a distance of 113.94 feet to a point; thence running S82- 41-52E for a distance of 71.25 feet to the point of beginning. Parcel "C" is shown on plan entitled "Plan for Proposed Zone Change" dated 10-11-2002 n H :-0 N c-3 0 �y rrt •• "i7 Q i+ z v � � r � Ofi G Z s� s RESILIENCE "A-2" N 83.03'27" W 453.02' 259.68 89.36 53.50' PROPOSED BUSINESS A" a w On PARCEL r PARCEL PARCELS► 3 .► ,► .. .. .► to ^� ZONE LINE TO 8E REVISED *s,RESIDENCE A-2" E 217.31' — 90 71.25' Ul S 82'41'52" E 378' 09 BUSINESS "A" N 5» STREET i STREET I STREETS grg4' r #1325 #1339 #1355 I 0 & �1 N`S` #1353 -)3 a� F z7S.00- '~` S 7W1722" E 271.58' 1 61.48 241.19' -- S 82'41'52" E S 81.59'52" E SPRINGPIELD STREET - . r LEGEND ZONED AS SHOWN EXISTING ZONE LINE PLAN FOR PROPOSED ZONE CHANGE AGAWAM MASSACHUSE-fT'S PROPOSED ZONE LINE Of A FOR CLEMENT J.. TYNIW �W 1353 SPRINGFIELD STREET �� aya�r,i 'J as AGAWAM. MA. OEM ww SO 11 V az I�0 10�1 u DATE: SCALE: 1"-80' art 10-11-2002 CHECKED: DLB 5�b3ddb �0 '00/A�3S -dSNI PLAN NO. SHEET NO 1 OF I . D .L.BEAN- INC. _ SURVEYORS & 40 WHOOL BTR�ET ENGINEERSWESTFI W. MASSACHUSETTS *e � O 4�i1�� � A�7 + ' o L THE TOWN COUNCIL a.c AGAWAM,MASSACHUSETTS �e c 002 THE UNDERSIGNED RESPECTFULLY PETITIONS THE TOWN COUNCIL TO REVISE THE ZONE LINES AND ZONE MAP ON PROPERTIES KNOWN AS 1325, 1339, 1353, AND 1355 SPRINGFIELD STREET IN THE FEEDING HILLS SECTION OF TOWN. CURRENTLY THE ZONE LINE SPLITS THE PROPERTIES, WHICH ARE NOW BEING USED FOR BUSINESS PURPOSES. GENERALLY, THE ZONE LINE IS 150 FEET FROM THE STREET LLNE; IS ZONED BUSINESS A ON THE STREET SIDE AND RESIDENCE A-2 ON THE REAR OF THE PROPERTIES, WHICH ARE ABOUT 262 FEET DEEP. THIS SITUATION CURRENTLY RENDERS THE REAR OF THE PROPERTIES USELESS. ATTACHED IS A PLAN SHOWING THE EXISTING AND PROPOSED ZONING. SINCERELY, J. - PART OWNER: 1353 SPRING I STREET, AGAWAM �w rva my _. DENNIS REAL ESTATE f LONE COYOTE REALTY TRUST 7 lMOSIM STREET WEST SPRINGFIELD, MA 01089 (413) 733-3780 October 28, 2002 The Town Council Agawam, Massachusetts To Whom It May Concern: The undersigned respectfully petitions the Town Council to revise the zone map on properties known as 1325, 1339, 1353 and 1355 Springfield Street in Feeding Fulls section of town. Currently the zone line splits the properties, which are now being used for business purposes. The zone line is 150 feet from the street line; zoned Business A on the street side and Residence A-2 on the rear of the properties. This situation currently readers the rear of the properties useless. Should you have an questions, feel free to contact me. SinceWeL L e Coyote Realty Trust Ownex of 1325 Springfield Street ter` '.. , cOw {it • Owner. LONE COYOTE REALTY TRUST 1325 SPRINGFIELD STREET, AGAWAM PARCEL "A"DESCRIBED AS FOLLOWS Beginning at the northwesterly comer of Parcel "A" and at the northeasterly corner of Parcel "B", said point being south 150 feet southerly from the southerly side of Springfield Street; thence running S82-41-52E for a distance of 217.31 feet to a point; thence running S13 E for a distance of 117.32 feet to a point; thence running N8343-27W for a distance of 259.68 feet to a point, said point being the South East corner of Parcel "B"; thence continuing along westerly sideline of Parcel "B" 111.58 feet to the point of beginning. Parcel "A" is shown on plan entitled "Plan for Proposed Zone Change" Dated 10-11-2002. Owner: PALATIUM REALTY, INC. 1339 SPRINGFIELD STREET, AGAWAM PARCEL"B"DESCRIPTION AS FOLLOWS Beginning at the northeasterly corner of Parcel "B" and at the northwesterly corner of Parcel "A", said point being 150 feet southerly from the southerly side of Springfield Street; thence running southerly along the westerly sideline of Parcel "A" for a distance of 111.59 feet to a point; thence running N83-03-27W for a distance of 89.56 feet to a point; thence running northerly along the easterly side of Parcel "B"and the Westerly side of Parcel "C"for a distance of 112.14 feet to a point; thence running S82-41-52E for a distance of 90 feet to the point of beginning. Parcel "B" is shown on plan entitled"Plan for Proposed Zone Change" dated 10-11-2002 Owner: CLEMENT J. TYNAN ET.ALS. 1353 AND 1355 SPRINGFIELD STREET,AGAWAM PARCEL "C" DESCRIBED AS FOLLOWS: Beginning at the northeasterly corner of Parcel "C" and the northwesterly comer of Parcel "B", said point being 150 feet southerly from the southerly side of Springfield Street; thence running southerly along the westerly sideline of Parcel 'B" for a distance of 112.14 feet to a point; thence running N83-03-27W for a distance of 53.50 feet to a point; thence running N01-53-17W for a distance of 113.94 feet to a point; thence running S82- 41-52E for a distance of 71.25 feet to the point of beginning. Parcel "C" is shown on plan entitled "Plan for Proposed Zone Change" dated 10-11-2002 � n ca . - o A 'per s a RESIDENCE "A-2' N 83'03'27" W 453,02' 259.68 89.56 53,50' z PROPOSED BUSINESS "A' o n ' PARCEL ' PARCEL � PARCEL+�. ; n cn ` ! „ „ ,- „ „ n to m Q in ZONE LINE TO BE REVISED � 1 ? ��RESIDENCE "A-2" t 217.31' 90 71.25' 1 S 82'41'52" E 378' cc BUSINESS "A" N } ,A 111.09, STREET f STREET STREETS 8T54 3 J1325 1339 #1355 I cq o Q s s I � #1 53 ►�� �cr• � I 00• cp. Ln 276.00` f` i S 7S'17'22" E 271.58' 61.48' 241.19` --- S 82'41'52" E S 81-59*52" E j SPRINGFIELD STREET A4ar LEGEND ZONED AS EXISTING ZONE LINE PLAN FOR PROPOSED ZONE CHANGE AGAWAM MASSACHUSMS PROPOSED ZONE LINE %N OF 64 FOR CLEMENT J. TYNAN p 1;f W `W VM, � , oe� DAV1O G 1353 SPRINGFIELD STREET BEAN � AGAWAM, MA. d V I� fA o '� v Be no l�Ql DATE: SCALE' ♦ 10-11-2DD2 CHECKED: DLB 511�3ddt� d0 � f'ftI3S'dS �l u�rt ° PLAN NO. SHEET NO 1 OF 1 Do 2 EAN INC. _ SURVEYORS & 40 SCHOOL STREET ENQINEERS WESTFIEL.D, MASSAOMSETTS � x z RESIDENCE 0A-2" N 83'03'27" W 453.02' 2 9,6$ 89.56JPA PROPOSED BUSINESS 'A' A�iPARCEL PARCEL ; , uAI" BGZONE LINE TO BE REVISED RESIDENCE "A-2" 217.31' 90 S 82'41'52" E 378' BUSINESS "A" Ch r54` 3~ w A 17.09' STREET STREET I s s STREET � r #1325 #1339 #1355 1 S S. #1353 1 �,� F 276.00' in S 76'17'22" E 271.58' S1.4B' 241.19' S 82'41'S2" E S 81'S9`52" E SPRINGFIELD STREET LEGEND ZONED AS SHOWN EXISTING ZONE LINE PLAN FOR PROPOSED ZONE CHANGE AGAWAM MASSACHUSMS PROPOSED ZONE LINE OF FOR 3 CLEMENT J. TYNAN X��M o 1353 SPRINGFIELD STREET s L. AGAWAM. MA. VSEAM DATE: SCALE: 1 0-80, 10-11-2002 CHECKED: DLB PLAN NO. JSHEET-NO 1 OF 1 r L• EAN INC. SURVEYORS & 408 STREET _ ENOII�ERS WEBTmm, MASSACFR gMg