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8029_SITE PLAN- TENNESSEE GAS PIPELINE- SUFFIELD ST. 7enr� �see CIC(5 TENNESSEE -Ian CAS PIPELINE an FL paw Energy company Tom RzaSa Tennessee Gas Pipeline Company Lead Operations Technician 1615 Suffield Sueel Agawam Area Agawam,Massachusetts 01001 PhWa(413)7a6-1933 Fax(413)786-2922 Pager(413)730-0042 Cell(413)539-0444 E-mail rzasal*epenergy.Com ! • AGAWAM OFFICE OF PLANNING & COMMUNITY DEVELOPMENT SITE PLAN REVIEW REVIEWER: Deborah S. Dachos DATE: May 3, 1999 DATE RECEIVED: April 22, 1999 DISTRIBUTION DATE: April 23, 1999 PLANNING BOARD MEETING DATE: May 6, 1999 APPLICANT INFORMATION 1. Name of Business: Tennessee Gas Pipeline Company Address: 1615 Suffield Street, Agawam, MA 01001 2. Owner: Tennessee Gas Pipeline Company Address: c!o Jim Hartman, 8 Anngina Drive, Enfield, CT 06082 Telephone: (860) 736-6033 3. Engineer: William Ledbetter, Jr. Address: do Tennessee Gas Pipeline, Co., 1001 Louisiana St., Suite 605A, TX 77002 Telephone: (713) 420-2184 PLAN REVIEW Scale: 1"=60' Date: April 19, 1999 Title Block (Street Address, Applicant's Name, Address, Scale, Name of Preparer of Plan): Street address should be provided. Description of Project: Replacement of the existing compressor "A" building on the existing footprint with a new insulated compressor "A" building. Site Plan Review Page 2 Description of Site: Site is already developed. New building is to be installed on existing footprint. Applicant has informed the Conservation Commission that new electric poles must be installed to serve the new compressor building. These have not been shown. No other work is proposed for the site. Provision for Traffic Flow: Unchanged Parking: Unchanged Drainage: Unchanged Public Utilities: Show new electric lines. Landscaping/Screening and Buffers: Unchanged Sign Location: Unchanged Exterior Lighting: Unchanged Rendering or Elevations: Colors and textures must be provided. Dumpster Location: N.A. Other Comments or Concerns: TOWN OF AGAWAM Ilk _ 38 MAIN STREET AGAWAM, NIASSACHUSETTS 01001 R� Tel. 413 g&{?•#00 aCM MA �. � nz �G O rr May 11, 1999 Tim Hartman 8 Angina Drive Enfield, CT 06082 Dear Mr. Hartman: At its duly called meeting held on May 6, 1999, the Agawam Planning Board voted-to approve the Site Plan entitled"Partial Plot Plan -Yard Layout, Station No. 261 BP, 1999 Construction, 1615 Suffield Street, Agawam; MA, Hampden County, Massachusetts" prepared by Tennessee Gas Pipeline Co. and dated April 19, 1999: Please be advised that three copies of the revised stamped plan must be submitted to the Board for its signatures. If you have any questions, please contact the Planning Office at 786-0400, extension 283. Sincerely, 25e,Mac d, Acting Chairman Agawam Planning Board cc: Clerk Building File / :a TOWN OF AGAWAM MEMORANDUM y To: Planning Board CC: John P. Stone, File, VRK From: Engineering Date: April 30, 1999 Subject: Site Plan - Tennessee Gas Pipeline - 1615 Suffield Street - SP 331 Per your request dated April 23, 1999 we have reviewed the site plan for Tennessee Gas Pipeline Co. and we have the following comment: 1.) Please verify the compressor will be the same unit and have the same sound levels or if the sound levels will decrease. If you have any questions, please do not hesitate to contact our division. ncerely, ;an cerely, X James T. Daley, P.E. yannak s Town Engineer Civil Engineer I H AENGINEERIS1TEPLAMSp331.wpd A TOWN OF AGAWAM 'I' .38 MAIti STREET AGAWAM, MASSACHUSETTS 01001 - ' Tel. 413-7 Sfi-0400 a M RECEIVED APR 2 3 1999 AGAWAM BUILDING DEPT, TO: Building Inspector, Engineering, Police Dept., Fire Dept. FROM: Planning Board DATE: Apri123, 1999 SUBJECT: Site Plan - Suffield Street - Tennessee Gas Pipeline Please review and comment on the attached Site Plan for Tennessee Gas Pipeline located on Suffield Street prior to the May 6' meeting. Thank you. DSDIjy Thank you. 6 A TOWN OF AGAWAM 36 MAID STREET AGAWAM, MASSACHUSETTS 01001 y Tel. 4 13-,56-0400 la M J TO: Building Inspector, Engineering, Police Dept., Fire Dept. FROM: Planning Board DATE: April 23, 1999 SUBJECT: Site Plan - Suffield Street - Tennessee Gas Pipeline Please review and comment on the attached Site Plan for Tennessee Gas Pipeline located on Suffield Street prior to the May 6' meeting. .�GAWAAA TIRE- Drr r F--AfZT1%".ENT Thank you. ...........:�. .. ... DSD/jq SIGN .. r., ��.i— ,..�. r.. [ r Thank you. - C[ y A V� e�c Cam see— h n Ro w\. -arf` �F'�S �';v►n� f MEMO To: Planning Board From: Lt. Steven Draghetti Subject: Tennessee Gas Site Plan Date: May 2, 1999 The plans submitted for a replacement building at 1615 Suffield Street, Tennessee Gas Pipeline have no bearing on pedestrian or traffic safety issues. AGAWAM PLANNING BOARD Form Dr,- Application for Site Plan Approval N _i G Please complete the following form and return it and 10 copies of the Site Plan to: N `r Agawam Planning Board Office of Planning and Community Development 36 Main Street Agawam, MA 01001 1. Name of Business #'Zia d, Wy . Address "`" J 2. Name of Applicant/Owner .Jt,,u f-f_o,d-, A&hoyf Address doy ��A� �1.9N�✓, ., fi�lr�, C' ✓K�iNro .Z Telephone_ 65o -C-fl-113 --.- 3. Name of Engineer/Architect a144, wo 67.1 �1 ✓2. Address Yo /�b,r LUL�S/°. 1i.✓�Cn,.�lbf L1S1A V q V' aka 9,C14. loos`.�✓ T 77m1 Telephone �71,S) o - Aigq _ 4. Please give a brief description of the proposed project: lCtPl C.k l+.ll�G �`u 2eSiaf� H"X]tiJ�ldl�t*, &V Tft� �itirnf cls�NL <JiT# � rY ,J � A �it''Br.i��/G. Revised 11/06/98 A TOWN OF AGAWAM 36 MAIM STREET AGAWA."vi, MASSACHUSETTS 01001 y • Tel. 413-,96-0400 � MA TO: Building Inspector, Engineering, Police Dept., Fire Dept. FROM: Planning Board DATE: April 23, 1999 SUBJECT Site Plan - Suffield Street - Tennessee Gas Pipeline Please review and comment on the attached Site Plan for Tennessee Gas Pipeline located on Suffield Street prior to the May 6' meeting. Thank you. DSD/jq Thank you. • �F 1 r i t , s, r • y J .1 WG '< m r C „1 i� ti , y i I 2 Y �r �1 Control Building May i 1999 • • i W Building • May 6, 1999 y w r Compressor Building r C SHERBURNE2 POWERS, HOLLAND & KNIGIHT A Law Office of HOLLAND & KNIGHT LLP One Beacon Street Boston,Massachusetts 02108 T iAROLn W.POTT IR,JR. (617)573-5815 617-523-270D hwp@sherburne.com FAX 617-523-6850 www.hklaw.com June 22, 1999 Peter Palica,Esquire Department of Telecommunications and Energy Saltonstall Building 100 Cambridge Street, 12`h Floor Boston,MA 02202 Re: DTE 98-33: Tennessee Gas Pipeline Company's Motion to Clarify DTE Order 98-33 DTE 99-40: Petition Pursuant to M.G.L. c.40A, §3 for Exemption from the Zoning By-Laws of Agawam Dear Mr. Palica: This is to confirm our telephone conversation last week. I had advised you on May 10, 1999 that Tennessee Gas Pipeline Company felt that it might be appropriate,in your discretion,to place these matters on hold pending our effort to resolve the issue of the Building Pernut at the local level. We are pleased to report that Tennessee Gas Pipeline Company has received its building permit following a Planning Board hearing. Since there were no substantive changes to the plans upon which the DTE granted its exemptions at the Planning Board level,Tennessee Gas Pipeline Company hereby withdraws the Motion for Clarification in DTE 98-33 and the Petition for Exemption in 99-40. 459810 t.DOC HOLLAND &KNIGHT LLP ! Office Locations Atlanta Boston Fart Lauderdale • Jacksonville • Lakeland Melbourne Mexico City Miami New York Northern Virginia Orlando • Providence • San FmncL%m • St.Petersburg • Tallahassee • Tampa • Washington.O.C. Wesl Palm Beach June 22, 1999 Page 2 Thank you for your patience and cooperation. Should you need anything fiuther from us with regard to these matters,please advise. Very truly yours, SHERBURNE,POWERS, H LAND & KNIGHT Harold W.Potter,Jr. Dianne R. Phillips HWPlgmp cc: Mr. Donald M. Rheault Mr. Daniel Keenan Thomas S. Locke, Esq. Ms. Debbie Dachas 459810 I.DOC SHERBiJRNE, POWERS, HOLLAND & EMGHTT A Law Office of HOLLAND & KNIGHT LLP One Beacon Street HAROLD W.PoMR,JR. Boston,Massachusetts 02108 (617)573-5$15 617-523-2700 hpotter@hklaw.com FAX 617-523-6950 www.hklaw.com YIA CEKIIFIED RETURN RECEIPT REQUESTED June 23, 1999 Chairperson Agawam Planning Board Municipal Building 36 Main Street Agawam,MA 0 100 1 Re: Tennessee Gas Pipeline, Petition for Exemption from Zoning By-Laws of Town of Agawam D_T.E 99-51 Dear Chairperson: You are hereby notified that the Massachusetts Department of Telecommunications and Energy("DTE")will hold a public hearing at the Agawam Middle School, 68 Main Street, Agawam, Massachusetts at 7:00 p.m. on Wednesday,July 21, 1999, to hear the Petition of Tennessee Gas Pipeline,Cornpany requesting authority for exemption in particular respects from the zoning by-laws of the Town of Agawam, in order to upgrade its compressor station and other natural gas pipeline facilities on its property at its existing district office and compressor station on Suffield Street (State Road, No. 75), Agawam, Massachusetts. Notice is hereby given pursuant to an Order of Notice issued by the Department of Telecommunications and Energy on June 13, 1999. You are hereby notified in accordance with the DTE's Order of Notice directing notice to the Mayor,the President of the Agawam City Council,the Clerk of the Agawam City Council,the Chairperson of the Planning Board and Zoning Board of Appeals, and the Clerk of Agawam. A copy of the DTE's Order of Notice of June 13, 1999 is enclosed. Very truly yours, SHERBURNE, POWERS, HOLLAND & KNIGHT Uj ' Harold W. P HWP/mrk Enclosure ,' oil 460224 I.DOC HOLLAND &KNIGHT LLP ! Office Lo ligns Atlanta - Boston Fort Lauderdale - Jacksonville - Lakeland Melbourne Mexico City Miami New York Northern Virginia Odando • Providence • San Francisco - St.Petersburg Tallahassee - Tampa • Washington,D.C. West Palm Beach THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF TELECOMMUNICATIONS AND ENERGY NOTICE OF PUBLIC HEARING D.T.E. 99-51 June 13, 1999 TENNESSEE GAS PIPELINE COMPANY Petition of Tennessee Gas Pipeline Company,pursuant to M.G.L. c. 40A,�3, for exemption in particular respects from the Zoning By-laws of the Town of Agawam The Petitioner, Tennessee Gas Pipeline Company("Tennessee"),requests approval from the Department of Telecommunications and Energy("Department") for an exemption from the Zoning Bylaws of the Town of Agawam, Massachusetts, in order to upgrade its compressor station and other natural gas pipeline facilities on its property at its existing district office and compressor station on Suffield Street, (State Road,No. 75), Agawam, Massachusetts. Tennessee proposes to install an additional compressor and to put a ten foot addition on the west side of the existing control building"D" on the property. The Department will conduct a public hearing on this petition at the Agawam Middle School, 68 Main Street,Agawam, Massachusetts at 7:00 p.m.,Wednesday,July 21, 1999 to receive public comment and allow Tennessee to respond to questions about Tennessee's proposed addition. Copies of the petition are on file at the Department's offices located at 12th floor, 100 Cambridge Street, Boston, Massachusetts. Copies are also on file for public view at the Agawam Public Library, 750 Cooper Street, Agawam, Massachusetts 01001. Any person who wishes to submit written comments may do so by filing an original and three (3) copies of such comments with: Mary L. Cottrell, Secretary, Department of Telecommunications and Energy, 100 Cambridge Street - 12th Floor, Boston, Massachusetts 02202, no later than the close of business July 21, 1999. Any person who desires to participate in any subsequent proceeding concerning this investigation must file an original and three (3) copies of a written petition for leave to intervene or to participate in the proceeding no later than the close of business (5:00 p.m.) July 28, 1999 with: Mary L. Cottrell, Secretary,Department of Telecommunications and Energy, at the address noted above.* A petition to intervene must satisfy the timing and substantive requirements of 220 C.M.R. § 1.03. Receipt by the Department---not postmarked or mailing---constitutes filing and determines whether a petition has been timely filed. A late-filed petition may be disallowed A:lagawam.wpd as untimely, unless good cause is shown under 220 C.M.R. § 1.01(4). To be allowed, a petition under 200 C.M.R. §1.03(1) must satisfy the standing requirements of G.L. c. 30A §10. The Petitioner, Tennessee Gas Pipeline Company, is ordered to give notice of said hearing by publication twice hereof—once at least fourteen(14)days, and once at least seven (7) days—prior to the date of such hearing in.the Springficld Union News (Springfield) the Boston Globe and the Worcester Gazette and to post such notice in a conspicuous place in the Agawam Municipal Building for a period of not less than fourteen (14) days before, and continuing through, the date of such hearing. In addition, the Petitioner is ordered to serve a copy of this notice by certified mail at least fourteen (14) days prior to the date of such hearing on: the Mayor, the President of the Agawam City Council,the Clerk of the Agawam City Council, the Chairpersons of the Planning Board and the Zoning Board of Appeals; the Clerk of Agawam; all persons owning real estate abutting the proposed site, all persons owning land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet of the proposed site as they appear on the most recent applicable tax Iist. Tennessee Gas Pipeline Company is further ordered to deposit copies of its petition and supporting documents,and response to any Department information requests, for public inspection at the Agawam Public Library, 750 Cooper Street, Agawam, Massachusetts 01001, no later than seven (7) days before, and continuing through, the date of the hearing, and to make return of service and proof of publication at the time of the hearing. Order f e t, M L C ttrell, Secretary *Please note that the Department of Telecommunications and Energy's offices will be re- locating to 1 South Station, Boston, MA at the beginning of July. Please telephone the Department to determine our specific location,before mailing correspondence or visiting the Department. A:lagawam.wpd _2 1 Western Massachusetts 260 Franklin Street•21st floor Boston,MA 02110-3179 Electric (617)345-4778 Fax(617)345-4780 Stephen Klion3ky Senior Counsel May 12, 1999 By Hand Delive Agawam Planning Board Agawam Town Hall 36 Main Street Agawam, MA 01001 Re: Notice of Public Hearing in Western Massachusetts Electric Company, D.T.E. 99-35 Dear Sir or Madam: Enclosed please find a copy of the Notice of Public Hearing in Western Massachusetts Electric CQmlaanv, D.T.E. 99-35. The Department of Telecommunications and Energy has scheduled a public hearing regarding this matter on Thursday, May 27, 1999 at 7:00 p.m. at Agawam Senior High School, 760 Cooper Street, Agawam,Massachusetts- In order to provide verification of our filing, please date stamp the additional copy of this letter and return it to our messenger. Thank you for your attention to this matter. If you have any questions, please do not hesitate to call. Sincerely,' 4Cpany Steph Klionsk , Esq.&' WesternMassachusetts El Enclosure A 3695161 ti-- •,', MAY .1 2 1999 ARD LA OS6154-1 AF.V.4-96 r COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF TELECOMMUNICATfONS AND ENERGY NOTICE OF PUBLIC HEARING D.T.E. 99.35 )Y TERN ASS USE S JELECTRC COMPANY Petition of Western Massachusetts Electric Company for exemption from the Zoning By-Laws of the Town of Agawam, Massachusetts for the purpose of constructing and operating a substation for public use. The Petitioner, Western Massachusetts Electric Company ("Wb1ECo" or "Company"), seeks an exemption from the Zoning By-Laws of the Town of Agawam in order to construct and operate a new substation near Moylan Lane in Agawam, Massachusetts. Specifically, WMECo seeks an exemption from the provisions of Agawam Zoning By-haws, § 180-63, which precludes structures over 40 feet in height, and from any other provision of the Agawam Zoning Ay-Laws that may preclude construction of the substation. The exemption is necessary because the substation requires 70-foot high line terminal structures and eight (8) new line pole structures (approximately 70-80 feet in height) to support the overhead lines that will connect the substation to the existing grid. The proposed substation will be a new 115-kW substation on a site northwest of Hubbard Corncr, near Moylan Lane, in the southern portion of the Town of Agawam. The substation will straddle a parcel of land owned by WMECo and another parcel of approximately 3.5 acres to be acquired by WMECo from Berkshire Powcr Development, Inc. (")Rerlt5hlre"). The footprint of the proposed substation will be approximately 2.0 acres in size. The substation will provide space for a 24-foot by 40-foot relay and control enclosure, and electric equipment consisting of switcbing devices, current limiting reactors, voltage stnsing deviccs, surge arresters, electrical bus, supporting steel structures and foundations, and interconnecting control cables and conduits. Eight new transmission lint pole structures will support the overhead conductors that wili connect the substation to the existing transmission grid. The Petitioner proposes to use the substation to interconnect Berkshire's electric generating facility to the WMECo system. The petition also states that the substation is important for reliability and flexibility of the transmission system, The Department wilt conduct a public hearing on this petition in the Town of Agawam, Massachusetts on 'auxsday, May 27, 1999 at 7:00 p.m. at the Agawam Senior Hight School, 760 Coopez Street, Agawam, Massachusetts. The Petitioner, WMECo, is ordered to give notice of said hearing by publication twice hereof-- once at least fourteen (14) days, and once at Ieast seven (7) days -- before the date of such hearing in the Mid BostonQlobe and the Springfield Union brews, and to post such notice in a conspicuous place in the Agawam Town Hall for a period of not less thaw fourteen (14) days before and continuing through the date of such hearing. The petitioner is also ordered to give notice of said hearing by publication on two separate dates prior to the date of the public hearing in the awarrt ertiser Ng i s. In addition, the Petitioner is ordered to serve a copy of this notice by mail at least fourteen (14) days before the date of such hearing on: the Town of Agawam Zoning Board of Appeals, City Council, Planning Board, Town Cler%, and Town Solicitor and all persons or entities, governmental or private, owning real estate abutting the proposed parcel and abutters to the abutters within three hundred feet of the propetty line of this parcel as they appear on the most recent applicable tax list. WMECo is furiber ordered to deposit copies of its petition and supporting documents for public inspection at the Agawam Town Library no later than seven (1) days before the public bearing and continuing through the date a final Order is issued by the Department in this docket. At the time of the hearing, WMECo shall make return of service and proof of publication, including a list of those individuals and entities to whom notice was sent. Any person who desires to state his or her position on this petition may do so at the time and place noted above. Pursuar►t to 220 C.M.R. 1.03(1), any person who desires to participate in an adjudicatory proceeding concerning the above petition shall We a written petition for leave to intervene or to participate in the proceeding witb Matt' L. Cottrell, Secretary, DTE, 100 Cambridge Street, 126 .Floor, Boston, Massachusetts 02202, not later than 5:00 p.m. on Friday, June 4, 1999. A petition to intervene must satisfy the timing and substantive requirements of 220 C.M_R. 1.03. Receipt by the Department - not mailing -- constitutes Ung and deteralines whether a petition bas been timely filed. To be allowed, a petition under 220 C.M.R. 1.03(1) must satisfy the Standing requirements of G.L. c. 30A. § 10. By Order of the Department, YY . 11, Secretary SHERBURNE, POWERS, HOLLAND & KNIGHT A law Office of HOLLAND &KNIGHT LLP One Beacon Street HAROLD W.POTTER,JR. Boston,Massachusetts 02108 (617)573-5815 617-523.2700 hpotter@hklaw.com FAX 617-523-6850 www.hklaw.com May 5, 1999 Mary Cottrell, Secretary Department of Telecommunications & Energy 100 Cambridge Street, Room 1210 Boston, MA 02202 Re: Affidavit of Harold W. Potter, Jr. Tennessee Gas Pipeline Company DTE 0 Dear Ms. Cottrell: Enclosed herewith for filing please find an Affidavit of Harold W. Potter, Jr. in the above-referenced matter. If you have any questions, please do not hesitate to contact us. Very truly yours, SHERBURNE, POWERS, HOLLAND & KNI T ;t . J Harold W. Potter, Jr. HWP/gmp T' Enclosures cc: Mr. Peter M. Palica Mr. Donald M. Rheault '; Mr. Daniel F. Keenan Thomas S. Locke, Esq. Ms. Debbie Dachos MA'S , •,,;tii� 448475 I.DOC HOLLAND & KNIGHT LLP / Office Locations Atlanta Boston • Fort Lauderdale • Jacksonville • Lakeland Melbourne - Mexico City Miami New York Northern Virginia Orlando • Providence • San Francisco • St.Petersburg Tallahassee Tampa • Washington,O.C. West Palm Beach COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF TELECOMMUNICATIONS AND ENERGY DTE Number: 98-33 * IN RE TENNESSEE GAS PIPELINE COMPANY * Petitioner. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AFFIDAVIT OF HAROLD W. POTTER, JR. I, Harold W. Potter, Jr.,on oath depose and say: 1. I am a partner in the law firm of Sherburne, Powers, Holland & Knight, One Beacon Street, Boston, Massachusetts. 2. I have represented Tennessee Gas Pipeline Company ("Tennessee Gas") in this matter. 3. In March, Tennessee Gas requested a building permit from the Town Building Inspector for Agawam for purposes of building the new compressor building at Station No. 261 on Suffield Street in Agawam. 4. Tennessee Gas had previously been granted an exemption pursuant to M.G.L. c.40A §3 for this building in this docket. 5. The Building Inspector denied the request because of his concern that the plans, which were approved by the Department and upon which the exemption was based, had not been subject to site plan approval pursuant to §180-13 of the Zoning By-Laws. The Building Inspector suggested that Tennessee Gas write to Town Counsel. 44823 k_1,DOC 6. On March 30, 1999, I wrote to Thomas S. Locke, Esq., Counsel, Town of Agawam, on behalf of Tennessee Gas. A copy of that letter is attached as Exhibit A. 7. On April 1, 1999, Attorney Locke responded. A copy of Attorney Locke's response is attached as marked B. S. On April 21, 1999, Tennessee Gas filed a Motion for Clarification in this matter and served copies on Donald M. Rheault, President to the Agawam City Council and Daniel F. Keenan, Representative of the Third Hampden District, the intervenors in DTE 98-33. 9, On April 30, 1999, at the request of Hearing Officer, Peter Palica, I caused additional copies to be served by mail on Attorney Thomas S. Locke, Counsel, Town of Agawam and on the Agawam Planning Board to the attention of Debbie Dachos, Director. Signed under the penalties of perjury this day of May, 1999. Harold W Potter, Jr. CERTIFICATE OF SERVICE I, Harold W. Potter, Jr., do hereby certify that I served a true copy of the within document by mail on May 1999, on Donald M. Rheault, President, Agawam City Council 36 Main Street, Agawam, MA 01001; Daniel F. Keenan, Representative, Third Hampden District, Commonwealth of Massachusetts, State House, Room 236, Boston, MA 02133-1054; Attorney Thomas S. Locke, Counsel, Town of Agawam, 430 Main Street, Suite 100, Agawam, MA 01001 and Debbie Dachos, Director, Agawam Planning Board, Office of Planning and Community Development, 36 Main Street, Agawam, MA 01001. Harald W. Potter, Jr. 448231_1.DOC - 2 �1 i�� x 3 .�► S W S N SHERBURNE, POWERS, HOLLAND & KNIGHT A Law Office of HOLLAND &KNIGHT LLP One Beacon Street Boston,Massachusetts 02108 617-523-2700 FAX 617-523-6650 www.hkiaw.com HAROLD W.POTTER,JR. (617)573-5815 hpotter@hklaw.com March 30, 1999 Thomas S. Locke, Esq. Counsel, Town of Agawam 430 Main Street, Suite 100 Agawam, MA 01001 Re: Tennessee Gas Pipeline Company—Suffield-Street . Agawam-Massachusetts Dear Mr. Locke: We are writing at the suggestion of Mr. Dominic Urbanati, Town Building Inspector. Tennessee Gas Pipeline Company ("Tennessee") has requested a building permit from the Building Inspector, Mr. Urbanati, to construct a new compressor building and appurtenances at the location of its existing compressor station No. 261 on Suffield Street in Agawam. This proposal was the subject of a petition by Tennessee pursuant to M.G.L. c.40A, §3 for an exemption from the Zoning By-Laws of the Town of Agawam to the Department'of Telecommunications &Energy ("the Department") in matter No. 98-33. In its petition, Tennessee sought exemption from local zoning to the extent necessary to construct a replacement compressor building within the existing footprint of the existing building all in accordance with plans attached to the petition. A copy of the plans included with the petition are enclosed for your information. The Department granted the petition on December 10, 1998. A copy of the decision is enclosed. As you can see, the Department noted: The Company has requested a zoning exemption in order to construct a new compressor building and appurtenances at the location of its existing Compressor Station 261 ... Tennessee Gas 439347 I.DOC HOLLAND &KNIGHT LLP 1 Office Locations Atlanta Boston Fort Lauderdale • Jacksonville • Lakeland Melbourne Mexico City - Miami • Newyork Northern Virginia Orlando Providence • San Francisco • St.Petersburg Tallahassee Tampa • Washington,D.C. • West Palm Beach March 30, 1999 Page 2 has proposed to remove the existing compressor station and build a new compressor station on the foundation of the old one ... (Page 1 of the Decision). In regard to visual and land use impacts,the Company stated that the existing building will change very little from its existing dimensions and shape ... The company stated that the building will be located on the foundation of the old compressor station and will be approximately one foot shorter in height then the existing 2211 '/4"building ... (Page 7 of the Decision). In short,the proposal for which an exemption was sought involved replacing an old building with a new building on the same footprint as the existing old building at a slightly reduced height. This simple proposal,which was opposed by some in Agawam including some elected officials as noted in the decision,was controversial because of its'relationship to the Berkshire Power Company. Nonetheless,after everyone had a respectful opportunity to be heard,the Department granted Tennessee's petition in accordance with the exhibits on file with the Department,which are the plans included here. The Company's exhibits on file with the Department are identical to the construction drawings presented to the Building Inspector for a building permit. They have been approved by the Department for this project and cannot be changed by Tennessee or anyone else. The Building Inspector,as we understand it, is concerned that these plans,which have been approved by the Department, and which cannot be changed,have not been subject to site plan review pursuant to §180-13 of the Zoning By-Laws. We do not believe §180-13 applies in Us situation. That section only applies to applicants who are within the purview of the Zoning By-Law and"to assure compliance with all applicable requirements"of said By-Law. Tennessee has been exempted from the provisions of the Zoning By-Law provided that it follows the plans that have been submitted and approved by the Department. A site plan review in these circumstances would have no purpose because the plans have been approved by the Department and cannot be changed. The Department has determined that the proposed project is necessary for the public convenience or welfare and authorized to proceed. The Town cannot thwart this order by requiring further local"site plan"review. Please inform Mr.Urbanati that no further local review is necessary or permitted and to issue the requested Building Permit upon payment of the required fee(which we understand has occurred). 439347_I.DOC March 30, 1999 Page 3 If you disagree,please let us know within five business clays. Alternatively,we will be forced to seek ftuther legal redress. Thank you for your consideration. Very truly yours, SHERBURNE,POWERS, HOLLAND&ENIGHT Harold W.Potter,Jr. HWP/gmp cc: Dominic Urbanati,Building Inspector 439347-t.DOC F _� :-r 4 Z 8 6 3 a 7 lJ r TOWN OF AGAWAM LAW DEPARTMENT Zf, `^ 36 MAIN STREET,AGAWAM,MASSACHUSETTS 01001 TEL(413)786-0400,E:t.281 or 786-3400 1 FAX(413)786-9927 Thomas S. Locke, Solicitor April 1, 1999 Harold W. Potter,Jr.,Esq. Sherburne,Powers,Holland&Knight One Beacon Street Boston, MA 02108 via fax and first class mail RE: Tennessee Gas Pipeline Com an /Suffield Street Agawam, Massachusetts Dear Mr. Potter: At your request I have reviewed your letter of March 30, 1999,the D.T.E. 98-33 decision and the plans attached to your letter. D.T.E. decision 98-33 is quite clear in that it allowed Tennessee Gas Pipeline Company's petition so as to exempt them from the operation of Article I § 180-7 and Article VII § 180-37 of the Agawam Zoning Ordinances. I call your attention to page 12 of the D.T.E. decision, VII. ORDER,which states in pertinent part,as follows: "Accordingly,after due notice, hearing and consideration, it is hereby ORDERED: That the Tennessee Gas Pipeline Company's petition be allowed and that the proposed compressor station and appurtenances, as described in the Company's exhibits on file with the Department, be exempt from the operation of the following sections of the Zoning Ordinance of the Town*of Agawam,pursuant to G.L. c.40A §3 to the extent such facilities are used for the compression of natural gas: Article I§ 180-7, page 18013-18014 and Article VII § 180-37, page 18038 of the Zoning Ordinance of the Town of Agawam;...." The decision FURTHER ORDERED: "That the Tennessee Gas Pipeline Company shall obtain all other government approvals necessary for this project before its construction commences;..." Additionally, as set forth in the D.T.E decision,Tennessee Gas Pipeline Company requested exemptions from only Article I § 180-7 and Article VII § 180-37 of the Zoning Ordinance of the Town of Agawam.There was no request for exemption from Article I § 180-13. Site Plans. Harold W. Potter,Jr.,Esq. Sherburne,Powers,Holland&Knight April 1, 1999 Page 2 As ordered by the D.T.E., all other government approvals necessary for this project shall be obtained before construction commences. In accordance with Article I § 180-13 of the Agawam Zoning Ordinances, site plan approval is required. Said § 180-13 sets forth the procedure and requirements for the submission of the site plan and the approval thereof. Should you require a copy of§ 180-13, please contact the Building Department at Extension 210 for the same. Regretfully,the Law Department disagrees with your position and the conclusions contained in your letter of March 30, 1999. incere Locke TSL/dn cc: Mayor C.Johnson D. Urbanati,Inspector of Buildings D. Rheault,Council President SHERBURNE, POWERS, HOLLAND & KNIGHT A Law Office of HOLLAND & KNIGHT LLP One Beacon Street HAROLD W.POTTER,JR. Boston,Massachusetts 02108 (617)573-5815 617-523-2700 hpotter@hldaw.com FAX 617-523-6850 www.hklaw.com April 30, 1999 OVERNIGHT DELIVER Agawam Planning Board Office of Planning and Community Development 36 Main Street Agawam, MA 01001 Attention: Debbie Dachas, Director Re: Tennessee Gas Pipeline Company's Motion To Clarify DIE Order 98-33 Dear Ms. Dachos: Enclosed for your information please find Tennessee Gas Pipeline Company's Motion to Clarify DTE Order 98-33 which was filed with the Department of Telecommunications and Energy on April 21, 1999. Very truly yours, SHERBURNE,POWERS, HOLL & KNIGHT Harold W. Potter,Jr. HWP/gmp Enclosure c� <17 - k ,A,.y��.,. 447502 1-DOC HOLLAND &KNIGHT LLP I Office Locations Atlanta Boston Fort Lauderdale • Jacksonville • Lakeland Melbourne Mexico City Miami New York Northern Virginia Orlando Providence • San Francisco • St.Petersburg Tallahassee Tampa • Washington,D.C. - West Palm Beach • COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF TELECOMMUNICATIONS AND ENERGY • DTE Number: 98-33 * •IN RE TENNESSEE GAS PIPELINE COMPANY * Petitioner. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MOTION TO CLARIFY DTE ORDER 98-33 TENNESSEE GAS PIPELINE COMPANY hereby moves that the Department of • Telecommunications and Energy clarify and determine that Tennessee Gas Pipeline Company, the Petitioner in DTE 98-33, is: 1.) exempt from the requirement of the Zoning By-Laws of the • Town of Agawam that it obtain Site Plan Approval pursuant to Article I, §180-13 of the Zoning By-Laws of the Town of Agawam; and 2.) exempt from all provisions of the Zoning By-Laws of the Town of Agawam provided that the company follows the site plans approved by the • Department in its Order. As reasons therefore, Petitioner states as follows: 1. On April 1, 1998, Petitioner filed a petition pursuant to M.G.L. c. 40A §3 for an exemption from the Zoning By-Laws of the Town of Agawam, DTE No. 98-33. A copy of the • Zoning By-Laws is attached and marked as Exhibit A. 2. By decision dated December 10, 1998, the DTE granted the exemption. A copy • of the decision is attached and marked as Exhibit B. 3. A dispute has arisen between Agawam and the Petitioner about whether the Petitioner is required to submit its plans for Site Plan review to the Agawam Planniito i3oi►rd pursuant to §180-13 of the Zoning By-laaws of the "I'o%vn of Agawam. rA 99 4.14234 IAOC a� 0 4. The site plans were submitted to the Department in DTE 98-33 and the exemption was conditioned upon the plans. 5. In particular, the DTE Order provides on Page 12: "That the Tennessee Gas Pipeline Company's petition be allowed and that the proposed compressor station, as described in the Company's exhibits on file with the Department, be exempt from the operation of the following sections of the Zoning Ordinance of the Town of Agawam, pursuant to G.L. c.40A §3 to the extent such facilities are used for the compression of natural gas: Article 1, §180-7, page 18013-18014 and Article VII, §180-37, page 18038 • of the Zoning Ordinance of the Town of Agawam ... (Emphasis added.) 6. The Order does not mention Article 1, §180-13, of the Zoning By-Laws. However, the DTE Order conditioned the exemption upon compliance with the Petitioner's exhibits on file with the Department. The exhibits on file with the Department are the site plans. 7. As required, Petitioner submitted the same plans upon which the exemption was based to the Building Inspector for Agawam and requested a building permit. The Building Inspector informed Petitioner that the plans had to be submitted for site plan review to the Planning Board pursuant to Article 1, §180-13 of the Zoning By-Laws. • 8. Site plans submitted for site plan review may be modified or changed'by the Planning Board pursuant to Article 1, §180-13 C(4). Any decision, favorable or unfavorable, is subject to the right of appeal to the Zoning Board of Appeals and any decision of the Zoning Board of Appeals is subject to appeal to the Superior Court. 9. The DTE could not have intended that the site plan which the DTE had approved • and upon which the DTE based its grant of an exemption could be modified or changed by the local Planning Board or Zoning Board of Appeals. 10. The Petitioner will lose its exemption front the Zoning By-Laws of the Town of Agawarn if the site plans are modified or changed. 11, The site plans cannot be altered or amended by the Planning Board pursuant to • §180-13 of the Agawam Code consistent with the exemption granted to the Petitioner in DTE 98-33. 12. There is no purpose served by submission of the site plans to the Planning Board pursuant to Article I, §180-13 except delay, modification or change. 13_ Petitioner's proposed new insulated compressor"A" building has been determined in DTE 98-33 to be essential and necessary for the public convenience and welfare in • that it will enable Petitioner to operate the Facilities on the Property in a safe and efficient manner by providing necessary transmission service to its customers. 14. The Department may grant a blanket exemption from any Zoning By-Laws of any municipality pursuant to M.G.L. c.40A, §3. See Planning Board of Braintree v. Department of Public Utilities, 420 Mass. 22, 28-29 (1995). WHEREFORE, your Petitioner prays: I. That the Department of Telecommunications and Energy clarify its order and determine that Tennessee Gas Pipeline Company, the Petitioner in DTE 98-33 is exempt from • the requirement of the Zoning By-Laws of the Town of Agawam that it obtain Site Plan Approval pursuant to Article 1, §180-13 of the zoning By-Laws of the Town of Agawam because • any change or alteration in the site plans would be inconsistent with the Order; and • • • • 2. That the Department of Telecommunications and Energy clarify its order and • determine that Tennessee Gas Pipeline Company is exempt from any and all provisions of the Zoning By-Laws of the Town of Agawam which are, or may be, conceivably applicable provided that the Company follows the site plans approved by the Department in its Order. Respectfully Submitted, TENNESSEE GAS PIPELINE COMPANY, B is Attorneys, arold W. Potter, Jr. B.B.O. Number: 404240 Dianne R. Phillips B.B.O. Number: 552982 . SHERBURNE, POWERS, HOLLAND & KNIGHT One Beacon Street Boston, Massachusetts 02108 Phone: (617) 523-2700 Dated: April 21, 1999 • CERTIFICATE OF SERVICE I, Dianne R. Phillips, do hereby certify that I served a true copy of the within document by mail on April 21, 1999, on Donald M. Rheault, President, Agawam City Council 36 Main • Street, Agawam, MA 01001 and Daniel F. Keenan, Representative, Third Hampden District. Commonwealth of Massachusetts, State House, Room 236, Boston, MA 02133-1054. • Dianne R. Phillips • 4,14234_1.00C - 4 - • • A I • ,• • • • 0 n • • f i ZONING Chapter 180 l From the CODE of the I TOWN OF AGAWAM COUNTY OF HAMPDEN COMMONWEALTH OF MASSACHUSETTS • 1 [Printed as last amended 11-9-1994 by TOR-94-7. Consult municipal records for possible amendments adopted thereafter.] GENERAL CODE PUBLISHERS CORP. 72 Hinchey Road Rochester, New York 14624 1995 • • i i ZONING Chapter 180 ZONING ARTICLE I General Provisions § 180-1. Purpose. § 180-2. Definitions and word usage. § 180-3. Districts enumerated; Building Zone Map. § 180-4. Filing of plans. § 180-5. Validity of existing building permits. § 180-6. Certificate of occupancy. • § 180-7. Nonconforming uses. § 180-8. Supplementary regulations. § 180-9. Repetitive petitions before Board of Appeals. § 180-10. Repetitive petitions before Town Council. § 180-11. Special use permit exceptions and special permits. § 180-12. Special permit for animal hospital. § 180-13. Site plans. § 180-14. Changes in Building Zone Map. § 180-15. Enforcement. § 180-16. Violations and penalties. ARTICLE II Residence A-1 Districts 18 -17 Permitted uses. § 0 erm § 180-18. Height regulations. § 180-19. Setback requirements. § 180-20. Yards. § 180-21. Lot size. § 180-22. Lot coverage. • 18001 6-25-93 • AGAWAM CODE ARTICLE III Residence A-2 Districts i § 180-23. Permitted uses. § 180-24. Height regulations. j • § 180-25. Setback requirements. I § 180-26. Ya rds. § 180-27. Lot size. § 180-28. Lot coverage. i E • ARTICLE IV Residence A-3 Districts E § 180-29. Use restrictions. ARTICLE V E Residence A-4 Districts § 180-30. Use restrictions. E ARTICLE VI Residence B Districts • § 180-31. Permitted uses. E § 180-32. Height regulations. § 180-33. Setback requirements. § 180-34. Yards. i § 180-35. Lot size. § 180-36. Lot coverage. (Cont'd on page 18003) E i 18002 6- zs-93 I r ZONING ARTICLE VII Agricultural Districts § 180-37. Permitted uses. § 180-38. Height regulations. § 180-39. Setback requirements. § 18040. Yards. •, § 180-41. Lot size. § 180-42. Lot coverage. § 180-43. Special use requirements. • ART1C1_E VIII Business A Districts § 180-44. Permitted uses. § 180-45. Height regulations. § 180-46. Setbacks; yards; loading areas. § 180-47. Lot coverage. ARTICLE IX Business B Districts § 180-48. Permitted uses. § 180-49. Height regulations. § 180-50. Setbacks; yards; loading areas. § 180-51. Lot coverage. § 180-52. Loot frontage. § 180-53. Landscaping. § 180-54. Lumberyards; residences; gasoline stations. 18003 AGAWAM CODE ARTICLE X Industrial District A § 180-55. Permitted uses. § 180-56. Height regulations. • § 180-57. Setbacks; yards. § 180-58. Lot coverage. § 180-59. Lot size. § 180-60. Landscaping; residences; gasoline stations. ! ARTICLE A i Industrial District B § 180-61. Boundaries. § 180-62. Permitted uses. § 180-63. Height regulations. § 180-64. Yards; setbacks; loading areas. § 180-65. Lot size; tot coverage_ § 180-66. Landscaping; residences, gasoline stations. ARTICLE XII Floodplain Zone § 180-67. Purpose. § 180-68. Maps; use of other base flood elevation data. � • § 180-69. Permitted uses. § 180-70. Prohibited uses. i § 180-71. Special permit. I § 180-72. General stipulations. • § 180-73. Securities or bond required_ I § 180-74. Severability. 18004 • i Z ZONING ARTICLE Xllt Signs § 180-75. Purpose and definitions. § 180-76. Administration and enforcement; violations and penatties, § 180-77. General specifications. § 180-78. Armory signs. § 180-79. Residence districts. § 180.80. Business and industrial districts. § 180-81. Agricultural Districts. § 18M2_ Existing signs. § 180-83. Nonac cessory signs. § 180-84. Prohibitions. § 180-85. Temporary signs; removal of political signs. § 180-86. Maintenance. § 180--87. Special cases. § 180-88. Special permits. § 180-89. Severability. [HISTORY: Adopted by the Town Council of the Town of Agawam 12-21-1972 as Ch. 20 of the Code of the Town of Agawam. Amendments noted where applica- ble.] GENERAL REFERENCES t 8wk" cortsmx%Qn — S" OL 82 Fens — Sea Ch 103. Fire pry m i ion -- See Ch. 106. S.hdi�� of Lard — So.Ch 159- Water and sev.-r" — Sec Ch. 175. 1 t f l 18005 § 180-1 AGAWAM CODE § 180-2 • ARTICLE I General Provisions § 180-1. . Purpose. For the purpose of promoting the health. safety, convenience, morals and welfare of its inhabitants, the town. under the authority granted by MGL C. 40A. §§ 1 to 22 inclusive, does hereby enact this chapter, to be hereafter kno vn and designated as the "Zoning Ordinance" of the town. Further purposes of this chapter are to lessen congestion in the streets. to secure safety from fire, panic and other danger. to provide adequate light and air, to prevent the overcrowding • of land, to avoid undue concentration of population. to facilitate the adequate provision of transportation. water, sewerage. schools, parks and other public requirements and to increase the amenities of the town. § 180-2. Definitions and word usage. A. The singular number shall include the plural and the plural the singular. the word -lot" includes "plot." the word "building" includes "structure." the word "occupied" includes "designed, arranged or intended to be . occupied" and the word "used- includes "designed. arranged or intended to be used." 8_ For the purposes of this chapter. the following words and phrases shall have the meanings respectively ascribed to them by this section: ACCESSORY BUILDING — A subordinate building. including a garage. • the use of which is incidental to the main or principal use permitted in the district. ALTERATION = A change in or addition to a structure. APARTMENT HOUSE — A building of fire-resisting construction as • defined in this section arranged and having accommodations for five (5) or more families with separate or joint entrances. services or facilities -apartment house" shall include garden-type apartments and all similar residences. ATTACHED — Connected to or untied 'With_ • ATTIC -- The space between the ceiling of the top story of a building and its roof which is not used for living. sleeping or eating quarters_ 18006 i • I f' § 180-2 ZONING § 180-2 f BUILDING — A combination of any materials. whether portable or fixed. having a roof to form a structure for the shelter of persons. animals or property. The word building` shall be construed. where the context requires. as though followed by the words "or part or parts thereof." A porch or an attached garage, greenhouse or similar structure is to be considered as part of a building when considering the requirements of setbacks and side or rear yards. BUOYANT MATERIAL — A material which displaces an' amount of water equal to its weight; capable of floating. • BUSINESS — The transacting or carrying on of a trade or commercial enterprise with a view to profit or for livelihood. CEMETERY — A place or area of land set apart for the burial of the dead, operated. managed and controlled under the provisions of MGL. Tercentenary Edition, C. 114, or a burial place under the care and supervision of the town or other public authority. CORNER LOT --A lot bounded on two {2} sides by intersecting streets. CREMATORY — A building containing a furnace designed and intended to be used for cremating the dead and owned and controlled by a cemetery corporation or crematory corporation duly organized under the laws of the state. DETACHED — Separate from. DWELLING — A building used exclusively as a residence for one ( 1 ) or more families. FAMILY — A person or a group of persons of immediate kindred who live together as a single housekeeping unit under one (1) head. FIRE-RESISTING CONSTRUCTION — A building having exterior walls of solid masonry or incombustible material and. a roof covering of ire- resisting materials. FLOOD or FLOODING — A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. * 18007 t § 180-2 AGAWAM CODE § 180-2 • FLOODWAY — The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. • FLOODWAY FRINGE — The land in the floodplain within a community subject to a one-percent or greater chance of flooding in a given year I that is located outside of the floodway. GARAGE — Any building wherein is kept or stored one (1) or more I • motor vehicles, including among others a public or private garage. ! motor vehicle repair shop or paint shop. service station. lub6toriurn or any building used for similar purposes. GLAZED ENCLOSURE — The enclosure of a porch for protection from • the weather by a framework built in conformity with the rest of the house in which not less than one-half (1/2) of the wall area is glass. HALF STORY — The space between the ceiling of the top story of a building and the roof where the area and height are sufficient for sleeping and living quarters. HEIGHT — In reference to a building. the vertical distance between the l highest point of the roof and the average grade of land immediately surrounding the building. HOSPITAL — An institution where only sick and disabled persons are given medical, surgical or convalescent care. HOTEL and MOTEL — A building operated by a duly licensed innholder where lodging is furnished or food is served to transient or permanent guests which has a public dining room and a general kitchen. .JUNK ---- Articles such as old iron. brass. copper, tin, lead or other base ' metals. cordage, old bags and rags. wastepaper, paper clippings. scraps, clips, rubber. glass, empty bottles. empty cans and all other articles discarded and no longer used as a manufactured article { • composed of any one (1) or more of the materials mentioned but i which may be converted into some other product by means of some manufacturing process 18008 • 5.180-2 ZONING § 180-2 LODGING HOUSE — A residence where lodgings are let to five (5) or more persons not within the second degree of kindred to the person conducting the house and which does not contain a public dining room or cooking facilities in any rented sleeping room. LOT—An area of land in one (1) ownership, with definite boundaries, used or available for use as the site of a principal building and its accessory buildings. I OFF-STREET PARKING SPACE — A space of one hundred forty-four (144) square feet or more within a structure or in the open for the parking of a motor vehicle on any land owned, rented or leased for such purposes. ORDINARY HIGH-WATER MARK —The highest point on the bank of a floodway or floodplain at which the water level has been for a sufficient period of time to leave a definite mark. PRINCIPAL BUILDING —The main or most important building on a lot. Attached structures such as garages, greenhouses and similar units are to be considered as part of the "principal building." f PROFESSIONAL ENGINEER --- A person employed in a practice of engineering as defined in MGL, Tercentenary Edition, C. 112, § 81 D. REAR LOT LINE --The lot line opposite the street line, except that, in the case of a corner lot, the rear lot line shall be the line opposite the street line on which the building is numbered or would be numbered. r REAR YARD — The required unoccupied space or area within the rear ` lot line and the part of the principal building nearest such rear lot line. I RESTAURANT, DRIVE-IN AND DRIVE THROUGH -- A restaurant which provides convenient vehicular access and may provide service to customers while in their vehicles. [Added 3-21-1994 by TOR-94-1 J REST HOME, NURSING HOME or CONVALESCENT HOME — An establishment for the recuperation or treatment of invalid or convalescent persons. SANITARIUM — An institution for the recuperation or treatment of persons suffering from physical or mental disorders. SCHOOL — A building devoted to instruction or education in primary, elementary or high school grades on a nonprofit basis. • 18009 1 z- 10-9s 0 § 180-2 AGAWAM CODE § 1 gp-Z • SECONDHAND MATERIAL— Material articles or machinery which have been used or owned by some person other than the dealer offering the same for sale and which may again be used without alteration. E SEMIDETACHED DWELLING — A single-family residential unit that is 10 joined on one tt 3 side to another single-family residential unit having a party wall between the units. SERVICE — The performance of any act for the benefit of another i with a view to profit or for a livelihood. • SETBACK-- The minimum required unoccupied space or area between the street line of which the building is numbered or would be numbered and the part of the building nearest such street line, such I unoccupied space or area extending the entire width or distance across the lot. • SIDE LOT LINE —The line dividing one lot from another. SIDE YARD — The required unoccupied space or area within the lot between the side lot line and parts of the building nearest such side lot line. In the case of a corner lot, one (1) of the side yards shall be the unoccupied space or area between the street line of the side street and the parts of the building nearest to such street line. I i STORAGE CAPACITY OF A FLOODPLAIN — The volume of space above an area of floodplain that can be occupied by floodwater of a given stage at a given time, regardless of whether the water is • moving. STORY—The horizontal portion through a building between floor and ceiling. The word "story" shall not include the portion of the basement or cellar of a building above grade or an attic as defined in this section. STREET—A way, whether public or private, set aside for the passage • of persons, animals or vehicles and including streets, avenues, boulevards, parkways, roads, alleys, lanes and viaducts. I STREET LINE — The dividing line between a street and a lot and, in the case of a public way, the street line established by the public • authority laying out such way upon which the lot abuts. E 0 18010 12 - 70-95 • § 180-2 ZONING § 180-3 STRUCTURE -- A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework or retaining wall. The word "structure' shall be construed, where the • context allows. as though followed by the words "or part or parts thereof." SUBOMSION — The division of a lot, tract or parcel of land into two ! (2) or more lots, sites or divisions of land in such a manner as to require provision for a street for the purpose, whether immediate or future, of sale or building development. The word "subdivision" shall include "resubdivision" in relating to the processes of subdividing -or to land already subdivided. when appropriate to the context. SUBSTANTIAL IMPROVEMENT IN THE FLOOOPLAIN -- Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the assessed value of the structure either before the improvement is started or. if the structure has been damaged and is being restored. before the damage occurred. "Substantial improvement is started when the first alteration of any i structural part of the building commences. TRAILER — Any so-called automobile trailer. mobile home or trailer coach. Mr-fuding any portable structure. means of conveyance or vehicle so designed or constructed, altered or converted in any manner as to permit occupancy thereof for dwelling or sleeping purposes. rVEHICLE — Anything in or on which a person or thing is or may be carried. or any moving support or container for the conveyance of bulky objects_ f § 180-3. Districts enumerated; Building Zone Map. A For the purpose of this chapter, the town shalt be divided into ten (10) classes of districts as follows: Residence A-i Districts Residence A-2 Districts Residence A-3 Districts Residence A•4 Districts Residence B Districts Agriculture Distric s • 18011 § 180-3 AGAWAM CODE § 180-6 • Business A Districts Business B Districts Industrial District A Industrial District B f B. The boundaries of each district area hereby established as shown on the building zone map entitled "Building Zone Map. Town of Agawam. Massachusetts." Agawam Planning Board, scale one (1) inch equals four hundred (400) feet. which is hereby declared to be a part of this chapter. Such shall be hereinafter referred to as the Building Zone • Map.' § 180-4. Filing of plans. i Unless otherwise ordered by the Inspector of Buildings, all applications for • building permits under the provisions of the Building Codez of the town shall be accompanied by plans in duplicate. Such plans shall be drawn to scale. shall show the actual dimensions. radii and angles of the lot to be built upon, the exact size and location on the lot of the main building and accessory buildings i to be erected and such other information as may be amended. One (1) copy of • the plans flied by the applicant shall be returned to him when approved by the Inspector of Buildings. f § 180-5. Validity of existing building permits. • Any building permit issued prior to a notice of a hearing- on the question of the enactment of this chapter shall be valid, provided that the construction work thereunder is commenced within six (6) months after its issuance. 1 • § 180-6. Certificate of occupancy_ A. Hereafter no land shall be occupied or used and no building or structure which is erected or altered or in which the type of use is changed shall be occupied or used. in whole or in part, for any • purpose until a certificate of occupancy is issued by the Inspector of Buildings stating that the building. structure or use complies with the Etyaor's Note: The Svifdwq Zone Mao is on file in the &fine of the Buiidfnq oeoarur+em. 2 Editor's Note: See Ch_ 82- autk]in4 Comirvctoon. • 18012 r § 180-6 ZONING § 180-7 provisions of this chapter. No such certificate shall be issued unless the building or structure and its uses, as well as the uses of all the premises. are in conformity with the provisions of this chapter. 8. A certificate of occupancy shall be required for any of the following: (1) Any occupancy and use of a building hereinafter erected or altered. (2) Any change in use of an existing building or structure or premises to a different use. • t (3) Any change in use of a nonconforming use. C. Upon completion or alteration of any building or structure and prior to the use of any such building, structure or premises, a certificate of occupancy shall be applied for on a form furnished by the Inspector of Buildings. Such application shall be acted upon within two (2) days after the filing thereof. § 180-7. Nonconforming uses. • A, A nonconforming use is the use of a building, structure or land lawfully occupied at the time of the enactment of this chapter or of a prior ordinance applicable thereto. but which does not conform to the requirements after the adoption of this chapter or to this chapter as amended in the district in which it is located. • B. A building, structure or land which at the time of the enactment of this chapter is being put to a nonconforming use may be: (1) Continued in that use except as provided in Subsection D of this section. • (2) Altered or enlarged in that use, but only after the granting of a permit thereof by the Board of Appeals. (3) Changed to a more restricted use. provided that, when so changed it shall not be returned to the less restricted use. (4) Rebuilt or restored and again used as previously, in case of a building destroyed or damaged by fire, explosion or other casualty, provided that not more than seventy-five percent (75%) of the building or structure exclusive of foundations has been so • 18013 • § 180-7 AGAWAM CODE § 180-8 damaged or destroyed. except that the Board of Appeals may order a permit issued in any case of such loss. Rebuilding or restoration. when permitted. shall be commenced within six (6) months after such catastrophe or disaster and continuously + carried to completion. C. When a nonconforming use is discontinued as evidenced by lack of i use or vacancy for a continuous period of twelve (12) months or by the I substitution of a more restricted use or of a conforming use. such nonconforming use shall not thereafter be reestablished. and all future • uses-shalt be in conformity with the provisions of this chapter. 0. This section .shall apply to any change of use and to any alteration of a building or structure when the same would amount to reconstruction. extension or structural change and to any alteration of a building or structure to provide for its use for a purpose or in a manner substantially different from the use to which it was put before alteration or for its use for the same purpose to a substantially greater extent. . d § 180-8. Supplementary regulations_ • A. Cornices. Cornices may extend not more than three (3) feet over into any required front, side or rear yards. B. Fences or walls. Fence heights shall not exceed four (4) feet on the setback portion of any lot perimeter and shall not exceed six and one- half (61/2) feet in height on the remainder of the lot perimeter. On a lot which is adjacent to a higher zone classification. the fence heights shall conform to the higher classification. C. Unsafe buildings. This chapter shall not be considered as preventing the strengthening or the restoration to a safe condition of any building • or wall declared unsafe by the Inspector of Buildings. D. Minimum open spaces. No lot shall be reduced in size or area so that any required yard. court- or open space will be smaller than is prescribed by this chapter for the district in which it is located. E. Location of automobile services. Public garages. automobile repair • shops. greasing stations. storage battery service stations. gasoline filling stations or any of their appurtenances or accessory uses shall hereafter be erected or placed at least twenty-five (25) feet from any • 18014 • s § 180-8 ZONING § 180-8 residence or agricultural district. unless the spaces so used are entirely enclosed in masonry or concrete walls having fixed steel sash wire glass and having roofs without openings. except skylights with metal frames glazed with wire glass. Driveways and parking areas shall not have entrances or exits for motor vehicles within one hundred (100) feet, measured along_the street line, of property on which there is a school, library, church, playground or institution for the sick blind or feeble or for children under sixteen (16) years of age. F. Vision clearance. On any corner lot vision clearance shall be provided in the following manner: (1) On a corner lot in any Business A and Business B District the side line shall be a minimum of ten (10) feet from the side street and • the parking of vehicles in this side area is prohibited. (2) A triangular area free from obstruction shall be provided in which nothing shall be erected or maintained between a point two and one-half (21/2) feet above the street grade and a point eight (8) feet above the street grade and measuring at least ten (10) feet back from the point of intersection on each of such streets. G. Removal of topsoil. sand and gravel. (1) Unless otherwise provided in this section. there shall be no removal from the premises in any district of any sod. loam. clay. sand, gravel or quarried stone except as surplus material resulting from the construction of a building on the premises or the installation of a structure on the premises for which a permit has been issued. (2) The Board of Appeals may grant a permit in any district for the removal of sod or loam from any area. provided that no less than four (4) inches of topsoil or loam remains, and provided further that the entire area disturbed is seeded with a suitable cover crop or is put to cultivation. (3) The Board of Appeals. after public hearing. may permit the removal of sand. gravel or clay in any district under the following conditions: • r 18015 • § 180-8 AGAWAM CODE § 180-8 • ta) The applicant shall submit a plan showing existing grades in the area from which the above material is to be removed. together with finished grades at the conclusion of the operation. • (b) The plan shall provide for proper drainage of the area of the operation during and after completion. and no bank shall exceed a slope of one (1) foot of vertical rise in one and one- half (11h) feet of horizontal distance except in ?edge rock No removal shall take place within twenty (20) feet of a property line, except that. where the grade from a property line rises towards the lot where removal is to take place. material lying above the grade at,the property line may be removed. (c) At the conclusion of the operation or of any substantial portion thereof the whole area where removal takes place • shall be covered with not less than four (4) inches of topsoil and seeded with a suitable cover, crop. except where ledge rock is exposed. I (d) Before a permit is granted under this section. the applicant, if required by the Board of Appeals, shall post a bond with the Town Treasurer in an amount approved by the Board of Appeals as sufficient to guarantee conformity with the provisions of the permit issued hereunder_ l H. Animal hospitals, kennels and runs. Kennel runs or accessory buildings i • and the raising of fur-bearing animals on land zoned as agricultural is allowed only after a hearing by the Board of Appeals. This land parcel I must be five (5) acres or more in area. with the following additional { requirements: (1) The setback shall be five hundred (500) feet from the street line. (2) The side lot line shall be two hundred (200) feet. (3) The rear yard setback shall be two hundred (200) feet. 1. Measurement of setbacks. To make provision for future fifty-foot roads. +r in the case of lots fronting on streets less than fifty (50) feet in width. the required front yard setback shall be measured from a point twenty- five (25) feet from the existing center of the roadway. • 18016 • i § 180-8 ZONING § 180-9 f J. Swimming pools in residential districts. No swimming pool shall be constructed within any required front yard, nor within ten (10) feet . from any side or rear lot line. Below-ground swimming pools having a depth of two (2) feet shall be surrounded by a protective fence not less than four (4) feet high. Any opening in such fence shall be protected by a gate equipped with a secure locking device. l K. Keeping of horses and ponies. Notwithstanding the permitted uses contained in the individual zoning district and sections of this chapter, the keeping of horses and ponies shall be permitted only in Agricultural, Residence A-2, Industrial A and B and Business A and 8 Districts, subject to the following requirements and regulations: (1) Acreage. Three-fourths (314) acre [thirty-two thousand six hundred seventy (32.670) square feet] shall be required for one -(1) horse or pony; one-half (1/2) acre [twenty-one thousand seven hundred eighty (21,780) square feetl shall be required for each additional • equine. Foals under six (6) months shall not be counted. 1 (2) Fences must be adequate to contain the animal within the property boundary. (3) Barn location and setback requirements shall be as specified in the present Building Code' for outbuildings. 4 § 180-9. Repetitive petitions before Board of Appeals. No appeal or petition under MGL C. 40A, § 15(3), as amended, for a variance * from the terms of this chapter with respect to a particular plot of land and no application under MGL C. 40A, § 20 for a special exception•to the terms of this chapter which has been unfavorably acted upon by the Board of Appeals shall [ be considered on its merits by such Board within two (2) years after the date of such unfavorable action except with the consent of all the members of the 49 Planning Board. 1 Editors Note:see Ch.82.3kjddinq Canstruccion_ i 18017 6-2s-93 § 180-10 AGAWAM CODE § 180-11 • § 180-10. Repetitive petitions before Town Council. No proposed ordinance or amendment making a change in this chapter which has been unfavorably acted upon by the Town Council shall be considered on its merits by the Town Council within two (2) years after the date of such unfavorable action unless adoption of such proposed ordinance or ' • amendment is recommended in the final report of the Planning Board as required by MGL C. 40A, § 6, as amended. i § 180-11. Special use permit exceptions and special permits. (Amended , '• 12-5-1988 by TOR-88-19; 1-19-1993 by TOR-92-171 } A. Authority and rules. The Board of Appeals by virtue of the authority vested in it by statute may, after public notice and hearing, in f appropriate cases and subject to appropriate conditions and } safeguards grant a special use permit exception to the terms of the • Zoning Ordinance in harmony with the general purpose and intent of i this chapter. The special permit granting authority may adopt and from time to time amend rules and regulations relative to the issuance of such permits and shall file a copy of said rules and regulations in the office of the Town Clerk. B. Hearing, notice and decision. (1) The special permit granting authority shall hold a public hearing within sixty-five (65) days after the filing of an application with the special permit granting authority, a copy of which shall forthwith be given to the Town Clerk by the applicant. (2) The special permit granting authority shall require notice be given I by publication in a newspaper of general circulation in the town I once in each of two (2) successive weeks, the first publication to be not less than fourteen (14) days before the hearing, and by • posting such notice in a conspicuous place in the Town Half. Notice shall be sent by mail, postage prepaid, to the petitioner, abutters and owners of land within three hundred (300) feet of the property line as they appear on the most recent applicable tax list, including those in another city or town and the Planning 1 Boards of all abutting cities and towns. Such notice shall be prepared, published, posted and mailed by the Board of Appeals. • 18018 6 - 25-s3 • } i i § 180-11 ZONING § 180.11 (3) The special permit granting authority shall act within ninety (90) y days following the public hearing. Failure to take final action upon an application for a special permit within said ninety (90) days shall be deemed a grant of the permit applied for. (4) Upon granting of a special permit. a copy shall be issued to the owner and the applicant. if other than the owner of the property, certified by the special permit granting authority. No special permit shall take effect until a copy of the decision certified by the Town Cleric that twenty (20) days have elapsed and no appeal has been filed, or if such appeal has been filed, that it has been 1 dismissed or denied, is recorded in the registry of Deeds wherein the land is located. C. Duration. A special permit granted by the special permit granting authority shall lapse if a substantial use thereof has not commenced within two (2) years. or in the case of construction, if construction has not begun within said two (2) years. Exception may be made for good cause by the special permit granting authority. 1 0. Special consideration. Special permits shall be issued by the special permit granting authority for uses, whether or not on the same parcel as activities permitted as a matter of right. which are necessary in connection with scientific research or scientific development or related production where the special permit granting authority finds that the proposed accessory use does not substantially derogate from the i public good. E. Planning Board report. The Planning Board shall transmit a report to the special permit granting authority on each special permit application. The Planning Board shall be notified at least fourteen (14) days prior to the public hearing on such a special permit. However, 'the special permit granting authority may act in the absence of a report from the Planning Board after this fourteen-day period. i F. Zoning Officer report. The Zoning Officer shall transmit a report to the special permit granting authority on each special permit application. The Zoning Officer shall be notified at least fourteen (14) days prior to the public hearing on such a special permit. However. the special permit granting authority may act in the absence of a report from the f Zoning Officer after this fourteen day period. (� 18019 I i § 180-11 AGAWAM CODE § 1$0-11 • G. Standards for reviewing. (1) The Board of Appeals shall not approve any such application for a special use permit unless it finds in its judgment all of the following conditions are met: (a) The specific site is an appropriate location for such a use. building, structure or services. (b) The use as developed will not adversely affect the health. safety or property value of the neighborhood. (c) There will be no nuisance or potential hazard to vehicle or pedestrian safety. ; (d) Adequate and appropriate facilities and controls will be provided for the proper and safe operation of the proposed use or service. (2) The special use exception may be granted for a specific use that is not considered so objectionable or obnoxious that the proposed use would be against the public interest or detrimental t • or injurious to the character of the neighborhood. _ H. Conditions attached to special permit approvals. In approving a special I permit, the special permit granting authority may attach such conditions and safeguards as are deemed necessary to protect the neighborhood, such as, but not limited to, the following: • (1} Requirement of front, side or rear yards greater than the minimum required by this chapter. (2) Requirement_of screening of parking areas or other parts of the premises from adjoining premises or from the street by walls. fences, planting or other devices. (3) Modification of the exterior features or appearance of the I�I structure_ f (4) Limitation of the size. number of occupants, method or time of • operation or extent of facilities. (5) Regulation of number. design and location of access drives or other traffic features. l • 18020 • i § 180-11 ZONING § 180-13 1. Effect of denial. If the special permit granting authority after said hearing denies the use applied for, no further application for the same use wilt be entertained by the Board of Appeals for a period of two (2) years from the date of said denial 1 § 180-12 Special permit for animal hospital. J A special permit may be granted for an animal hospital. but only in Business A and Business B Districts and with the additional requirements that animal •l. hospitals shall be separate buildings in themselves and that no animals shall be kept out of the building in cages. runs. kennels or yards. A special permit may be granted subject to any other conditions and safeguards as are prescribed by the Board of Appeals. § 180-13. Site plans. [Added 6-7-1990 by TOR-90-261 A Site plans prepared and approved in accordance with this section shall be required to assist the Inspector of Buildings in the review of certain applications for building permits and to assure compliance with all ap- plicable requirements of this chapter. B. A site plan shall be required and shall be submitted in each of the following situations: (1) Any proposed residential. business. industrial, institutional or other use of a new or renovated structure or of a parcel of land. or any change in any such Use. structure or parcel, except for one-family detached dwellings and duplexes on separate lots. (2) Any nonresidential use of a one-family dwelling. (3) Any use requiring a special permit from the Board of Appeals. (4) Any major change in any condition or feature which is not in conformance with any feature of a previously approved site plan. Changes to parking and/or curb cuts will always necessitate site plan review. C. Procedure. 18021 • § 180-13 AGAWAM CODE § 180-13 • (1) An applicant for site plan review under this section shall file with the Building Department ten (10) copies each of an application and a site plan. The site plan shalt be prepared by an engineer. architect or landscape architect unless otherwise specified by the • Planning Board. (2) The Inspector of Buildings shall. within five (5) days of receipt. I transmit to the Planning Board ten (10) copies of the application f and site plan. (3) All site plans shall be prepared to scale on standard sheets of • twenty-four by thirty-six (24 x 36) inches to show with reasonable accuracy the following information. in addition to that required in r § 180-4. IJ (a) A title block containing the street address. applicant's name and address. date. scale and the name of the preparer of the plan. (b) A site layout at a scale of no smaller than one (1) inch equals fifty (50) feet. [ • (c) Topography of the site and adjacent lands. (d) Provision for the handling of vehicular traffic flow. All curb cuts must be clearly defined with widths and radii noted on the plan. Radii shall meet town standards. Parking lot and site • traffic flow must be clearly noted with signs or other methods if it is Io be maintained as one-way. (e) Parking areas and loading areas. (0 Drainage. The plan must be submitted to the Department of Public Works for input prior to Planning Board review. (g) All public utilities (sewer, water. gas. electric). ` (h) landscaping. All landscaped areas are to be designated on the plan. These areas are to specify species type and size. • (1) Sign location only. (1) Exterior lighting. i • 18022 • t 0 , § 180-13 ZONING § 180-15 (k) Rendering or elevations, including all mechanical facility support items originating from or terminating on the building exterior, or both. (1) The location and characteristics of any proposed screening, fencing or other buffers. (m) The location of any wetlands, streams. drainage swales and areas subject to flooding. (4) Within twenty-one (21) days of receipt, the Planning Board shall hold a public meeting. The Planning Board shall within thirty-fnre (35) days of receipt approve the site plan, approve it with modifications or return it for changes or additional information. When changes have been made or additional information provided, the above-specified time limits will apply. The Planning Board can in certain cases extend the review period if done so in writing and for good reason: however, the review period shall not exceed ninety (90) days. A report containing the findings of the Board shall be submitted to the Inspector of Buildings for consideration in issuing a building permit. (5) Any application for a building permit requiring site plan approval shall not be deemed complete until such site plan is submitted. (6) Any decision pursuant to a site plan review shall be subject to the right of appeal to the Board of Appeals. § 180-14. Changes in Buildng Zone Map. No zone as indicated on the Building Zone Map which is a part of this chapter shall be changed until after the Planning Board has held a public hearing t thereon after due notice given and has submitted a final report with the recommendations to the town. § 180-15. Enforcement. The Inspector of Buildings shall enforce the provision of ;r.s chapter or any amendment thereof_ He shall refuse to grant a permit for the constructicn. addition. alteration or change of use of any building, structure or premises if such proposed construction, addition, alteration or change of use would be in 18023 § 180-15 AGAWAM CODE § 180-17 • violation of any of the provisions of this chapter. as amended. State and town officers shall refuse any permit or license for a new use of a building, structure or land which would be in violation of this chapter or amendment thereof. g 180-16. Violations and penalties. [Amended 5-25-1989 by TOR-89-2] Any person. partnership, trust. association or corporation violating any provision of this chapter, any condition under which any permit is issued or any • decision rendered by the Board of Appeals shall be fined not more than one hundred dollars (s 100.) nor less than twenty-frve dollars (S25.) for each offense. Each day that such violation exists shall constitute a separate offense under this section. ARTICLE 11 Residence A-1 Districts § 180-17. Permitted uses. • In a Residence A-1 District as indicated by 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: i A, A one-family dwelling for one (1) housekeeping unit only. I • B_ The office of a physician. surgeon, dentist or lawyer residing on the premises. No display. sign or other advertising device 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. C. Town buildings. county, state and federal buildings. playgrounds and parks and such accessory buildings as may be ordered by the Board of Public Officers or town officials having charge of the land upon which such accessory buildings are or will be erected. • D. Real estate signs having an area of not more than six (6) square feet advertising the sale. rental or lease of the premises on which they are maintained. • 18024 It • 1 • i• f 1 i s § 180-17 ZONING § 180-18 • 1 F. Cemeteries adjacent to or in extension of existing cemeteries and ! crematories, provided that such. crematories are situated within ' cemeteries. • F. Accessory uses customarily incident to any use or building permitted by this section. provided that such use of buildings 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 in connection with such accessory uses or building. 1 G. The keeping and raising of poultry. livestock and pigeons, whether raised fot the table or other purposes. or other like objectionable uses are prohibited. h H. Private garages, provided that .n o 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 . up to a limit of five (5) vehicles per lot shall be permitted. Space for motor vehicles shall not be used, 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 opera. The presence of more than one (1 ) ( unregistered vehicle is prohibited.4 F ' § 180-18. Height regulations. A residence building shall not exceed two and one-half (21/2) stories or more than thirty-five (35) feet in height. Town buildings shall not exceed fifty (50) feet in height. The height provisions shall not apply to chimneys or flag or radio poles. An accessory building shall not exceed one and one-half (1 1/2) stories or • twenty-five (25) feet in height. A Editor-s Note: See Ch. 172.Veh<jm Unve9pstered 1 • 18025 • § 180-19 AGAWAM CODE § 180-20 § 180-19. Setback requirements. A. No part of any building shalt be placed within thirty-five (35) feet of any street line. and on a corner lot. except as otherwise provided in this section, no part of any building shall be created or altered so as to be less than thirty-five (35) feet from any street line. ' 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. An j • accessory building shall be placed at least We (5) feet from any side lot line. C. On a corner lot, no part of any building shall be erected or altered so as to be less than thirty (30) feet from any street line. D. When a dwelling or its attached garage is to be erected on a lot in a Residence A-1 District adjoining a business or industrial district, the setback from the street line on which it faces need not exceed thirty (30) feet. E. Existing open porches which are thirty(30) feet or more from the street • line may be enclosed on one (1) or more sides with glazed enclosures. § 180-20. Yards. . Q Side yards. There shall be a side yard between a principal building and each side lot line which shall be fifteen (15) feet wide in its least dimension. Detached garages or accessory buildings shall be placed at least five (5) feet from a side lot line if located more than sixty-five (65) feet from a street line. i • B. Bear yards. (1) There shall be a rear yard on every lot between the principal I building and the rear lot line. It shall be not less than twenty-five (25) feet deep in its least dimension. (2) A one-story accessory building shall be placed at least five (5) feet I • from the rear lot line. A one-and-one-half-story accessory building shall be placed at feast ten (10) feeE from the rear lot line. I 18026 • § 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. T § 180-22 Lot coverage. No principal building shall be erected or altered so as to cover more than t� thirty percent (30%) of the area of the lot on which it is located. 3 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-i 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 vase 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 petitioners property. (2) The owner of the lot adjacent in the rear of the petitioner's property_ I 18027 i i . i § 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 i shalt be secured from the owner of the property next to that owned by the petitioner. In crisp chore are two (2) or morn lots i adlac:ent in the rear or sides of [tic petitioner's prupel ty, 1110 uwitcr � of the lot which abuts the greater length on the petitioner s property shall be deemed the owner of the lot adjacent to the i petitioners property. as used in this section. t 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, i 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 i 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. i 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 J 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 mt,sic teachers, photographers, masseurs. veterinarians. riding schools and other similar businesslike pursuits are prohibited- 0 18028 0 i i § 180-23 ZONING § 180-23 • D. The renting of rooms and the furnishing of table board to not more j 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. -J 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 i 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- 3 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. i 1_. Private garages, provided that no business. service or industry is conducted therefrom or therein. Not more than one (1) motor vehicle r 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 - § 160-23 AGAWAM CODE § 180-25 • Only one (1) such vehicle may be a commercial vehicle and of not more than three-fourths (3/4) ton's weight of capacity. Space for motor vehicles shall not be leased or rented for commercial vehicles. No commercial vehicles shall be parked on a lot in the open. These space regulations shall apply to vehicles regularly left on the lot, whether housed or in the open. M. Not more than one (1) house trailer may be kept on the premises. The trailer shall not be used-for living quarters while so located. Space shall not be leased or rented for trailers- N. Uses outlined in § 180-37B and C. when the line separating a Residence A-2 District from an Agricultural District runs through a property not being used for agricultural purposes so that the future use of the whole' property for agricultural purposes would be prohibited. § 180-24. Height 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. 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. f • 18030 I • § 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. § 180-26. Yards. ` A. Sine 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 • (65) 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 (1 10) feet nor an area of less than fifteen thousand (15,000) square feet. § 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 • § 180-29 AGAWAM CODE § 180-29 ARTICLE IV Residence A-3 Districts § 180-29. Use restrictions. ;• In a Residence A-3 District as indicated by 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 for apartment houses or garden-type apartments and accessory uses incident thereto and subject to the following restrictions: I • A Subdivision control will not apply except insofar as it applies to road ' construction. surface drainage and utilities. B. The project shall be located on a lot containing not less than two (2) acres and contain not more than eight (8) family dwelling units per acre • of lot area. The building coverage shall not exceed forty percent (40%) of the lot area. The minimum lot frontage on a street shall be one hundred fifty (150) feet. .C. No building shall be located nearer than forty (40) feet to a street line or other property line. • D. There shall be a landscaped strip of not less than fifteen (15) feet in I i width appropriately planted with lawn. trees and shrubs adjacent and parallel to all property lines of the site. E. There shall be a landscaped foundation strip of not less than ten (10) ` • feet in width between each building and any roadway, drive or street. Such strip shall contain a six-foot-wide grassed and planted area and tour-foot-wide sidewalk adjacent to any roadway, drive or street within the project. R No building shall be more than two (2) stories in height. exclusive of I r the basement. The basement shall not contain any living quarters. G. The minimum distance between any two (2) buildings on the same lot shall in no case be less than forty (40) feet. ' H. Floor area. • (1) No building shall contain more than eight (8) family dwelling units, and no dwelling unit shall Contain less than the following minimum floor areas: 18032 i I • § 180-29 ZONING § 180-29 • (a) One-bedroom units: four hundred (400) square feet. (b) Two-bedroom units: six hundred (600) square feet. (c) Each additional room: one hundred twenty (120) square feet. (2) In computing floor area. only the space within the dwelling unit used exclusively for living purposes shall be considered. 1- is. 1 closets. stairways, bathrooms and lavatories are expressly excluded from this computation. • : I. All stairways are to be contained within the building structure proper. i J. Each dwelling unit shall have access to not fewer than two (2) egresses remote from each other and so arranged that to reach one egress it will not be necessary to pass through a common corridor or hallway which serves the other egress. The term "egress" is as defined in Section 101.0 of the Department of Public Safety. Board of Standards. Building Code. K. Parking space shall be provided at the rate of two (2) spaces for each family dwelling unit. Each space shall contain a minimum of two hundred (200) square feet and shall be located at least twenty-five (25) feet from any principal building, except that if garage parking is to be located within the building. it must comply with the rules and regulations governing construction of garages contained in Form FPR- 4 of the Massachusetts Department of Public Safety. Board of Fire Prevention Regulations. L There shall be no provision for parking on roadways. drives or streets. S M. The balance of the lot not used for buildings. roadways. streets or fparking areas shall be suitably planted and landscaped and maintained. N. Space contained in apartment units or garden-type apartment units f� shall not be used. rented or leased for any commercial or business uses. 4_ The plans for any such apartment or garden-type apartment shall be submitted to the Planning Board for its approval as to site layout. provisions for handling vehicular traffic flow, parking area and landscaping before a building permit is issued. • 18033 • § 180-30 AGAWAM CODE § 180-30 ARTICLE V Residence A-4 Districts § t 80-30. Use restrictions. • In a Residence A-4 District as indicated by 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 for an elderly housing development. constructed by and under the jurisdiction of the Agawam Housing Authority. and the accessory uses incident thereto, including an administration and recreational building, and subject to the following restrictions: A. The development shall be located on a lot containing not less than seven (7) acres and containing not more than sixteen (16) family dwelling units per acre of lot area. Not more than twelve (12) dwelling units may be constructed in each building. • B. Subdivision control will not apply except insofar as it applies to road construction, surface drainage and utilities. C. No building shall be located nearer than forty (40) feet to the property line. There shall be a landscaped strip of not less than fifteen (15) feet • in width appropriately planted with lawn, trees and shrubs adjacent and parallel to all property lines of the site. D. No building shall be more than two (2) stories in height. exclusive of the basement. The basement shall net contain any living quarters. E. All stairways are to be contained within the building structure proper. • F. Each dwelling unit shall have access to not fewer than two (2) egresses remote from each other and so arranged that to reach one (1) egress it will not be necessary to pass through a common corridor or hallway which serves other egresses. The term "egress" is as defined in Section • 101.0 of the Department of Public Safety. Board of Standards. Building Code. G. Parking space shall be provided at the rate of one (1) space for each family dwelling unit. Each space shall contain a minimum of two hundred (200) square feet- If garage parking is to be located within the building, it must comply with the rules and regulations concerning construction of garages contained in Form FPR-4 of the Massachusetts Department of Public Safety. Board of Fire Prevention Regulations. • 18034 ' •� § 180-30 ZONING § 180-31 H. The balance of the tot not used for buildings. roadways. drives. streets f or parking area shall be suitably planted and landscaped and maintained. I. The plans for any such development shalt be submitted to the Planning Board for its approval as to site layout. provisions for handling vehicular traffic flow, parking area and landscaping before a building permit is issued. r • i ARTICLE Vl Residence B Districts I § 180-31. Permitted uses. In any Residence B District as indicated on the Building Zone Map. no 3 building or other structure shall be erected. altered or used and no land shall be used or occupied for any other purpose except one (1) or more of the following: A. Any use permitted in a Residence A-1 or A-2 District. B. A two-family dwelling for two (2) housekeeping units. A semidetached dwelling for two (2) families. provided that there shall not be more than ! one (1) family in each half of such dwelling. C. Notwithstanding any other provision in the abcve paragraph. no building or other structure shall be erected. altered or used for residential purposes which shall accommodate or. house more than four (4) families. All four-family buildings or structures used for 1 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. D. Lodging houses. provided that there is no display. sign or other advertising device visible from the street. whether illuminated or otherwise, other than a sign having an area of not more than one ' hundred forty-four (144) square inches. A public restaurant or dining room shall .be permitted as an accessory use in any part of such building. provided that the dining room and kitchen facilities do not occupy more than seventy-five percent (75%) of the first-floor area of such building. • 18035 • § 180-31 AGAWAM CODE § 180-32 E. Clubs. lodges and social center buildings. except those whose chief activity is a gainful service or activity usually conducted as a business. including in such excepted uses dancing or bowling and like activities, provided that there is no display or advertising visible from the street 1 40 other than that permitted in Subsection 0 of this section. r F. Hospitals. sanitariums or charitable institutions. except those for contagious diseases. for the care of epileptics or drug or liquor patients. for correctional purposes or for the care of the insane or feebleminded. } G. Private garages. provided that no business. service or industry is conducted therefrom Or therein. Not more than one (1) motor vehicle shall be kept for each two thousand five hundred (2.500) square feet of lot area, except that three (3) vehicles may be kept. in any case. not more than one (1) of which may be unregistered. Only one (1) such r♦ vehicle may be a commercial vehicle of not more than one and one- f half (11/2) tons weight of capacity. Space shall not be leased or rented for a commercial vehicle. No commercial vehicle shall be parked on a lot in the open. These space regulations shall apply to vehicles regularly left on the lot. whether housed or in the open. H. Not more than one (1) house trailer for each resident family may be kept on the premises. The trailer shall not be used for living quarters while so located. Space shall not be rented or leased for trailers. I § 180-32. Height regulations. A- A dwelling or lodging house shall not exceed two and one-half (21/2) stories or thirty-five (35) feet. Churches. schools. colleges. libraries. town buildings. clubs. lodges, social center buildings. hospitals and such institutional buildings shall not exceed fifty (50) feet in height. Chimneys. steeples and flag or radio poles are exempt from the height provisions. & Accessory buildings or structures. including private garages. shall not exceed seventeen (17) feet in height for a one- or one-and-one-half- story building. A two-story accessory building shall not exceed twenty- five (25) feet in height. 18036 i § 180-33 ZONING § 180-34 § 180-33. Setback requirements. A No part of any building or other structure shall be erected or altered so as to be nearer to the street line of any street on which it faces than the nearest building on either side thereof facing on the same street and within the same block and zoning district. but in no case need the required setback be greater than thirty (30) feet. B. Where the alignment of a building is not controlled by the preceding subsection. no part of any building shall be'placed within twenty (20) • feet of the street line. C. No part of any garage. stable 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 inany residence district or within fifteen (15) feet of any street line. D. On a corner lot. except as otherwise provided in this section. no part of any building shall be erected or altered so as to be less than twenty t (20) feet from any street line. • B. Existing open porches which are fifteen (15) feet or more from the street line may be enclosed on one (1) or more sides with glazed enclosures. § 180-34. Yards. A Side yards. There shall be a side yard between a building and each side lot line. For a building of four stories or over forty-five (45) feet in height. it shall be not less than twenty-fire (25) feet in width in its least t dimension: for a building of three (3) stories or over thirty-five (35) feet in height. it shall be not less than twenty (20) feet wide in its least dimension; for one- . one-and-one-half- . two- or two-and-one-half- story buildings. the side yard shall be not less than fifteen (15) feet wide ` in its least dimension. • B. Rear yards. 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_ One-story accessory buildings shall be placed at least five 1 (5) feet from the rear lot line. and one-and-one-half- or two-story i • 18037 t • § 180-34 AGAWAM COOE § 180-37 • accessory buildings shalt be placed not less than ten 0 0) feet from the i rear lot line. Ir § 180-35. Lot size. No lot shall have a frontage of less than one hundred (100) feet on a street I i or an area less than twelve thousand (12.000) square feet. § 180-36. Lot coverage. No principal building shall be erected or altered so as to cover more than forty percent (405%) of the area of the lot on which it is located. • f i ARTICLE VII Agricultural Districts § 180-37. Permitted uses. In any Agricultural District as indicated on the Building Zone Map. no building or other structure shall be erected. altered or used and no land shall be used or occupied for a purpose except one (1) or more of the following: A. Any use permitted in a Residence A-1 or A-2 District. B. Farms, dairies. nurseries. truck gardens. greenhouses and natural ice- harvesting activities and buildings or structures accessory thereto. C. Buildings or shelters for the sale of farm products, provided that a major portion of the products offered for sale at all times are raised on the premises and no advertising of products other than those raised on the premises shall be displayed. D. The processing of forests and wood lots by portable woodworking mills and machinery for processing wood cut on the premises. if approved by the Board of Appeals. E. Airports and landing strips and buildings or structures necessary thereto, if located west of Suffield Street. f 18038 s • § 180-38 ZONING § 180-42 • § 180-38. Height regulations. Buildings or structures permitted in this zone under § 180-37A shall not exceed the heights permitted in § 180-24 of this chapter. For other buildings ,j permitted by this Article. the height limitation shall be fifty (50) feet. f § 3 80-39. Setback requirements. • A. Buildings and shelters for the sale of farm products shall be at least thirty-five (35) feet from the street line. B. Dwellings with or without attached garages shall be at least thirty-five (35) feet from the street line. All other buildings of whatever description shall be at least one hundred (100) feet from the street line. • 1 § 1 80--4Q_ Yards. A Side yards. There shall be a side yard between any building and any side lot line. It shall comply with the side yard requirements of the nearest residence district measured in a direct or air line. B. Rear yards. For a residence. accessory building or other structure. the rear yard shall comply with the rear yard requirement of the nearest i residence district measured in a direct or air line. f § 18041. Lot size. r No lot shall be used for residence purposes with a frontage of less than one hundred twenty (120) feet on a street or an area of less than twenty thousand (20.000) square feet. • t § 180-42. Lot coverage. There shall be no lot coverage regulations in this district. i • 18039 • 180-43 ACAWAM CODE § 180-43 § 180-43. Special use requirements. A Landscaped administrative offices. -laboratories devoted to research. design or -experimentation and processing and fabrication incidental _ thereto and appurtenant buildings consistent with and designed to i promote and benefit the value and use of property in residential districts or in areas which are predominantly residential although partly lying in less restricted districts. provided that no materials or finished , products shall be manufactured. processed or fabricated on such premises for sale except such as are incidental to such laboratory research. design or experimentation conducted on such premises. , B. The special use established must be on plots having a minimum of twenty (20) acres. must have a two-hundred-foot front yard and one hundred (100) yards along all other lot lines and must provide off-street parking for employees and visitors. Pointed masonry block and cinder • block walls with struck joints will be permitted for rear and side walls of buildings. Brick masonry exterior walls. curtain walls of decorated colored aluminum. enameled colored steel. stainless steel walls and glass walls are permined for exterior uses. If the front yard is on an interior lot line, two hundred (200) feet of setback shall apply to this lot • lute. The only sign permitted must be in front of the building and ! subject to Planning Board approval. Traffic directional and parking signs k must be not more than four (4) feet high from the ground level. Not over twenty-five percent (25%) of the land shall be used for building ] purposes. 1 • C. landscaped rest homes or convalescent homes. except those for contagious diseases, for the care of drug or liquor patients, for correctional purposes or for the care of the insane or feebleminded. Rest homes or convalescent homes must be on plots having a i minimum of ten (10) acres, must have a one-hundred-foot front yard and fifty-foot yards along all other lot lines and must provide off-street parking for employees and visitors. Not over twenty-five percent (25%) 1 of the land shall be used for building purposes. I D. Nonprofit golf courses shall ire permired. Golf courses operated for profit shall be permiaed v,ith that portion of land covered by a clubhouse to be zoned Business A. All golf courses must be on plots having a minimum of seventy-five (75) acres. ' • 18040 • i i - § 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 (1) motor vehicle per five thousand (5,000) square feet of lot up to a limit of five (5) motor vehicles shall be. kept in accordance with Chapter 91 of the General Laws, only one (1) of l which can be an unregistered vehicle, exclusive of farm equipment. d ARTICLE Vlll 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 (1) 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 Tfabricating, manufacturing, converting, altering, finishing or assembling. D. One-story public garages for storage or repair of not more than fifty (50) cars. The storage of a maximum of one hundred fifty (150) motor vehic'es out of doors is allowed to holders of first- and second-class motor vehicle dealer licenses. Body and fender work and the painting l 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 t • 18041 72- 10-95 r • § 180-44 AGAWAM CODE § 180-46 • complete units such as truck bodies, tailgates, road sanders, farm machinery, school buses and ambulances is permitted. An underground tank of not more than one thousand (1,000) gallons' capacity for drain oil is permitted. E. A gasoline filling station, provided that not more than thirty thousand 10 (30,000) gallons of gasoline shall be stored on the premises. An enclosed lubritorium for not more than three (3) 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. I l G. Cabins, if licensed under MGL C. 140, § 32A to 32E, inclusive. H. Drive-in restaurants and drive-through restaurants, after a special permit by the Board of Appeals in conformance with § 180-11 . At no f • time shall less than fifty (50) parking spaces be provided on site. (Added 3-21-1994 by TOR-94-11 § 180-45. Height regulations. 10 A. A business building shall not exceed three (3) stories or forty-five (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. E § 180-46. Setbacks; yards; loading areas. • A. Setbacks shall be at least thirty-five (35) feet. B. Side yards are not required for business buildings. C. Rear yards shall have a minimum of twenty-five (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 • 18042 k i t ti § 180-46 ZONING § 180-48 t ' i 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-86-61 § 180-47. Lot-coverage. s 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 j 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 i Residence, Agricultural or Business A District. 18043 1 z - 10-95 § 180-48 AGAWAM CODE § 180-49 B. Residential buildings and appurtenant buildings such as garages, sheds, barns, etc., presently existing in Business B Districts may be added thereto, altered or rebuilt. C. In any Business B Districts as indicated on the Building Zone Map, no new building or other structure shall be erected for residential � • purposes unless the land so located in the Business B District is part of a subdivision plan duly recorded prior to the enactment of this section or unless individual building lots have been similarly recorded. D. The storage of a maximum of one hundred fifty (150) motor vehicles out of doors is allowed to holders of first- and second-class motor I vehicle dealer licenses. Body and fender work and the painting-of cars 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 bodies, tailgates, road sanders, farm machinery, school 1 buses and ambulances is permitted. E. Amusement parks, bowling alleys and roller skating rinks or arcades containing three (3)-or more pinball or electronic games. (Amended 12-7-19811 E. Wholesale sales and warehousing. G. Converting, fabricating, manufacturing, altering, finishing or assembling, provided that in no case is a total of more than twenty { thousand (20,000) square feet of floor space devoted to such use. H. Trucking terminals may be allowed only after a public hearing by the Board of Appeals. • § 1$0-49 Height regulations . A business building shall not be erected or altered to a height in excess of three (3) stories or more than forty-five (45) feet. These provisions shall not apply to chimneys, flag or radio poles, water tanks, hose towers or required bulkheads or elevator penthouses. A residence building shall comply with the height provisions for Residence B Districts. Heights of other buildings or structures permitted in § 180-48A shall not exceed the heights permitted in Residence B Districts. • I 18044 12 - 10-45 • § 180-50 ZONING § 180-53 i 1 § 180-50. Setbacks;yards; loading areas. A. Setbacks and rear yards shall be at least thirty-five (35) feet in their least dimension. S. Side yards requirements shall be a minimum of ten (10) feet, except adiacent to residential or agricultural zones, at which time it would be fifteen 0 5) feet. (Amended 4-7-1986 by TOR-86-61 C. Space shall be provided for vehicle parking and for the loading and 1 unloading of all materials, equipment and merchandise on the premises and entirely off the traveled way, with such additional space as may be necessary to provide free and easy access to that portion of the building so as not to interfere with traffic on the public way. Loading and unloading are prohibited on the front of any building. D. A building devoted in whole or in part to residence uses shall comply with the requirements for setbacks, side yards and rear yards of the • Resident 8 District. J § 180-51. Lot coverage. (Amended 4-7-1986 by TOR-86-61 No business building shall be erected or altered so as to cover more than • fifty percent (50%) of the area of the lot on which it is located. A building devoted in whole or in part to residence or other permitted purposes in § 180-48A shall comply with the requirements of lot coverage in Residence B Districts. § 180-52. Lot frontage. [Amended 4-7-1986 by TOR-86-61 No lot shall have a frontage of less than one hundred (100) feet on a street or an area less than ten thousand (10,000) square feet. § 180-53. Landscaping. 9 To assure that structures in Business B Districts shall be reasonably 1 attractive in appearances, 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 j 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 • 18045 12- 1Q-95 1 - § 180-53 AGAWAM CODE § 180-55 business building shall be issued, nor shall an occupancy permit be granted, unless and until the finished structure conforms in appearance to the drawing submitted. § 180-54. Lumberyards; residences; gasoline stations. A. Secondhand lumberyards-and secondhand buildings material yards are prohibited. B. 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. _ k ARTICLE X Industrial District A § 180-55. Permitted uses. (Amended 11-9-1994 by TOR-94-711 In any Industrial District A 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) of the following: A. Any business or agricultural use permitted in an Agricultural, Business A or Business B District. B. Any industrial purpose, except those contained in the following list, which may be allowed only after a public hearing before the Board of Appeals: (1) Acetylene gas. cyanide compound or oxygen manufacture. • 1 Editor's Nose: This ordinance provided for the repeal of former Subsection A and the renumbering of former I Subsections 8 and C to A and B,respectively. 18046 12 - 14-95 i § 180-55 ZONING § 180-55 •� (2)' Asphalt manufacture or refining. l (3) Chlorine or bleaching powder manufacture. (4) Creosote manufacture. (5) Distillation of coal or wood. (6) Drop forge shop. (7) Explosives, fireworks or ammunition manufacture. (8) Fertilizer manufacture. *, (9) Fumigation plants. (10) Glue or size manufacture from fish or animal offal. 01) Gypsum, cement, plaster or plaster of pans manufacture. 1 (12) Incineration or reduction of or dumping of offal, garbage or refuse • on a commercial basis, except where controlled by the town:. (13) Junkyards, storage, scrapping of autos and parts and the salvage thereof. (14) Linoleum manufacture. (15) Match manufacture. (16) Paint and lacquer manufacture. (17) Petroleum refining and the bulk storage of petroleum products. (18) Plastic manufacture. (19) Rest homes. f (20) Rubber, natural or synthetic or gutta-percha manufactured from crude or scrap material. (21) Secondhand lumberyards and secondhand material yards. (22) Sewage disposal plant, except where controlled by the town. (23) Soap, tallow, grease or lard manufacture_ (24) Slaughterhouse. (25) Sulfurous. sulfuric, nitric or hydrochloric acid manufacture. (26) Tannery. (27) Tar or asphalt roofing manufacture. 18047 1 a- 1 o-95 r • § 180-55 AGAWAM COOT= § 180-59 (28) Tar products manufacture. 0 (29) Tire recapping or retreading. (30) Trucking terminals. (31) All other enterprises or uses commonly regarded as hazardous or I offensive. § 180-56. Height regulations. Industrial buildings shall not exceed two (2) stories or forty (40) feet in height, except with approval of the Board of Appeals after a public hearing, ! These provisions shall not apply to required equipment appurtenant to industrial buildings, except that smokestacks, water tanks, grain elevators and i the like are not permissible except after approval of the Board of Appeals after a public hearing. § 180-57. Setbacks; yards. (Amended 4-7-1986.by TOR-86-6) A. Setbacks shall be at least forty (40) feet wide in their least dimension. I B. Side yard and rear yard requirement shall be a minimum of twenty-five � (25) feet. However, there shall be a side yard and a rear yard between a street and the parts of a building nearest to such street to be no less than forty (40) feet, but facilities shall be provided for loading and unloading all materials, equipment and merchandise on the premises and entirely off the traveled way. § 180-58. Lot coverage. (Amended 4-7-1986 by TOR-86-61 No business or industrial building shall be erected or altered so as to cover f more than fifty percent (50%) of the area of the lot on which it is located. s § 180-59. Lot size. (Added 4-7-1986 by TOR-86-61 No lot shall have a frontage of less than one hundred (100) fleet on a street or an area of less than forty thousand (40,000) square feet. • 18048 0 t § 180-60 ZONING § 180-63 § 180-60. Landscaping; residences; gasoline stations. A. To assure that structures in industrial districts 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 constructions, * 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 an industrial building shall be 1 issued, nor shall an occupancy permit be granted unless and until the finished structure conforms in appearance to the drawing submitted. • B. All residential development is prohibited, except that alteration, reconstruction, extension or structural change to any existing residential structure is permitted. [Amended 11-9-1994 by TOR-94-7] 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 XI • Industrial District B § 180-61. Boundaries. Industrial B Districts shall be that area bounded by Suffield Street, Silver Street and Shoemaker Lane zoned Industrial at the Town Meeting of December 10, 1957, and those areas zoned Industrial B on or after the Town Meeting of December 10, 1957. § 180-62. Permitted uses. Permitted uses shall be all uses permitted in Industrial District A. § 180-63. Height regulations. • Industrial buildings shall not exceed two (2) stories, forty (40) feet in height, except with approval of the Board of Appeals after a public hearing. These provisions shall not apply to required equioment appurtenant to industrial • 18049 12 - 10-95 • § 180-63 AGAWAM CODE § 180-66 buildings, except that smokestacks, water tanks, grain elevators and the like • are not permissible except after approval of the Board of Appeals after a public hearing. § 180-64. Yards; setbacks; loading areas. • A. Back and side yards shall be a minimum of twenty-five (25) feet. B. Front setback shall be a minimum of seventy-five (75) feet. C. Loading platforms and employee parking areas shall be at the rear and side of all buildings. = • § 180-65. Lot size; lot coverage. j A. No lot shall have an area less than forty-three thousand five hundred sixty (43,560) square feet, one (1) acre, on which a building may be constructed for industrial use, except with approval of the Board of Appeals relative only to previously filed lots whose area is less than one (1) acre; provided that the file lot does not abut an additional s parcel owned by the same owner which if combined would meet with the one-acre requirement of this section. r B. Except for office, professional or administrative buildings, no building ) shall be less than five thousand (5,000) square feet in area. C. No lot shall have frontage of less than one hundred (100) feet on a street line; however, this frontage requirement shall not apply to lots 1 established by a deed or plan recorded in the Hampden County Registry of Deeds prior to the first notice of the public hearing on this subsection amendment (March 3, 1994) if, and only if, said parcel of land was not held in common ownership with sufficient adjoining parcels of land on the date of the first notice of public hearing on this subsection amendment (March 3, 1994) to satisfy, in combination, the required one hundred (100) feet of frontage on a street line. (Added 5-2-1994 by TOR-94-51 § 180-66. Landscaping; residences; gasoline stations. A. To assure that structures in industrial districts shall be reasonably attractive in appearance, the builder or his representative shall submit 18050 12- 10-95 • 0 i § 180-66 ZONING § 180-67 to the Planning Board, in addition to other requirements, an architect's rendering or comparable illustration of the planned construction, k 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 an industrial building shall be t issued, nor shall an occupancy permit be granted unless and until the t finished structure conforms in appearance to the drawing submitted. B. The front of the building must be faced with either brick masonry exterior walls, curtain walls of decorated colored aluminum, enameled colored steel, stainless steel walls or glass wall construction and have an attractive appearance. C. All buildings in an industrial zone shall be appropriately landscaped with lawns, shrubs and trees. D. All residential development is prohibited, except that alteration, reconstruction, extension or structural change to any existing residential structure is permitted. [Amended 11-9-1994 by TOR-94-7] E_ Not more than one (;) 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 XII Floodplain Zone [Added 1-30-19781 § 180-67. Purpose. The F000dplain Zone and the regulations herein have been established for the following purposes: to protect and preserve the watercourses and their adjoining floodplain; to reduce the hazards of floods upon the public health, safety and general welfare, to protect floodplain occupants from a flood that is or may be caused by their own land use and that is or may be undertaken without full realization of the dangers therein; to protect the public from the burden of extraordinary financial expenditures for flood control and relief; and to protect the capacity of the floodplain to absorb, transmit and store runoff to assure retention of sufficient floodway area to convey flows which can reasonably be expected to occur. 18051 12 -10-95 § 180-68 AGAWAM CODE § 180-68 i § 180-68. Maps; use of other base flood elevation data. A. All land delineated on the map consisting of two (2) pages entitled "Flood Insurance Rate Map, Town of Agawam, Massachusetts, Hampden County, Effective February 1, 1978," as Zone A-11, Zone A-16, Zone A, Zone A-2 and Zone 8 shall be included in the Floodplain i Zone. This map is part of the Flood Insurance Study made for the Town of Agawam by the United States Department of Housing and r Urban Development, Federal Insurance Administration. These Flood Insurance and Flood Boundary and FIoodway Maps and any revision thereto are hereby adopted by reference and declared to be a part of • this chapter.2 In general terms the Floodplain Zone is that land adjacent to the Westfield River, Connecticut River and its tributaries and Still Brook which lie at or below the elevation of the base flood ` (one-hundred-year flood) as determined in the Flood Insurance Study. The Floodplain Zone shall be considered to be superimposed over other zones shown on the Zoning Map, as a recognition of the special hazards which exist in such areas. ' B. In Zone A areas where base flood elevation data is not provided by the I Flood Insurance Study, other available data from federal, state or other sources shall be utilized as a basis of determining the base flood level • for purposes of enforcing the provisions of this Article. r (Cont'd on page 18053) i { l � J 2 Editors Note: The Flood Insurance and Flood Boundary and FIoodway Maps are on file in the office of the Building ! Department_ l • 18052 12- 10 -95 • § 180-69 ZONING § 180-69 § 180-69. Permitted uses. In those portions of the town so designated in § 180-68. the following uses of land shall be permitted. provided that all necessary state or federal permits are obtained: A Conservation of water. plants and wildlife. B. Legally permitted outdoor recreation not requiring development or landscape alteration in conflict with the purpose of this zone. C. Grazing: forestry and other farms or agriculture consistent with the purposes of the zone. D. Dwellings lawfully existing prior to the adoption of these provisions. however. no building permits for substantial improvements or extensions shall be granted unless a special permit is granted by the Board of Appeals. E. Proper operation and maintenance of dams-and other water control devices. F. Construction and maintenance of highways. streets. sidewalks. sewers. water mains. storm drains. utilities and related facilities by governmental agencies. provided that the water and sewer systems and utilities be designed and constructed to minimize flood damage and to minimize or eliminate infiltration of floodwater into the systems and discharges from the systems into floodwaters. G. The following uses by special permit as provided by § 180-71. if determined to be consistent with the purpose -of this zone. said determination to be made by the Board of Appeals following application for a special permit by the landowner or owner: (1) Developed recreation facilities. except buildings. (2) Utility lines and facilities. (3) Dams and other water control facilities. if in an authorized plan by a public agency or if built to create ponds for recreational or agricultural use. (4) Minor buildings incidental to permitted flood control. recreation. agricultural, etc. uses. and not exceeding two hundred (200) square feet in ground coverage, if constructed so as to not • 18053 § 180-69 AGAWAM CODE § 180-70 ! obstruct natural hydrological features. and provided that the requirements of Subsection G(5) relative to the elevation of the base flood are met. (5) In the floodway fringe. the numbered A zones. Zone A, and Zone • S. that portion of the Floodplain Zone outside the floodway, the development of structures for residential use only if the lowest floor (including the basement) is elevated to or above the level of the base flood (one-hundred-year flood) and the development of structures for nonresidential use only if the lowest floor (including the basement) is elevated to be above the level of the base flood (one-hundred-year flood) or. together with the attending utility and sanitary facilities, is floodproofed to or above the level of the base flood (one-hundred-year flood). provided that a special permit is issued by the Board of Appeals. The term -floodproofed" shall mean watertight with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. f § 180-70. Prohibited uses. A. In those portions of the town so specified in § 180-68 as 'floodplain." the following uses of land shall be prohibited: • (1) The bulk storage of buoyant, flammable, explosive or toxic materials. (2) The addition. removal or transfer of such quantities of material. including trees. shrubs. and ground cover. that would reduce the water storage capacity of the floodplain. obstruct the flow of • floodwaters in a floodway or otherwise adversely affect the natural hydrology of the area to the extent that the base flood elevation would be raised cumulatively more than one (1) foot. (3) The digging or drilling of a well intended as a source of domestic • water. (4) The installation of septic tank or leaching fields or on-site waste disposal systems. 18054 • � t i • § 180-70 ZONING § 180-71 (5) The placement or location of a mobile home or the creation of mobile home parks or subdivisions. B. In land within the floodway the following uses of land shall be • prohibited, in addition to those listed above: (1) Any development within the portions of the town so specified as "floodway' on the Flood Boundary and Floodwray Map. (2) Erection, construction or other creation or installation of any • building. dam or other structure. (3) Any use or structure which would result in any increase in flood levels during the base flood discharge. • § 180-71. Special permit. A If any land in the floodplain as defined in § 180-68 is found by the Board of Appeals not in fact to be at or below the level of the base flood (one-hundred-year flood). not to be unsuitable because of drainage conditions. or if the proposed action is not inconsistent with the purpose of this Article. the Board of Appeals may grant. after a public hearing with due notice, a special permit for the use or development of such land and for the construction and erection of a building or structure for any purpose permitted in the underlying district. subject to the reasonable conditions and safeguards. Any action by the Board of Appeals shall not be construed to affect insurance determination or rates. B. The application for a special permit shall include a plan prepared and certified by a professional engineer or land surveyor registered in the Commonwealth of Massachusetts. This plan will show all proposed and existing buildings, structures, roads. ways, drainage facilities and landscape features, including wetlands, trees and the like. and other engineering and hydrological data the Board finds necessary. The plan } will show all existing and proposed finished ground contours at one- foot intervals. • C. The application for a special permit shall also include an environmental } impact statement prepared by an environmentally qualified registered professional engineer. This statement will describe the impact upon the physical environment of the proposed use. 18055 § 180-71 AGAWAM CODE § 180-71 • D. The Board of Appeals may waive the requirements of Subsection C. if it determines that the probable impact upon the physical environment of the proposed use is to be minimal and that an environmental impact statement is not necessary to its consideration of the application. • E The applicant shall provide the Board with an original and seven (7) copies of the request and of any plan and/or environmental impact statement required under Subsections B and C above. The Board of Appeals shall within seven (7) days forward one (1) copy of each to the t Inspector of Buildings. Planning Board. Board of Health and • Conservation Commission. These agencies may file written recommen- dations with the Board of Appeals within thirty (30) days of receipt of notification. The Board of Appeals shall not grant approval of an ' application for a special permit until these recommendations have been received or until expiration of said thirty-day period. • F. In passing upon such request. the Board of Appeals shall consider all i technical evaluations. all relevant factors. standards specified in other sections of this Article and: (1) The danger that materials may be swept onto other lands to the • injury of others. (2) The danger to life and property due to flooding or erosion damage. (3) The susceptibility of the proposed facility and its contents to flood • damage and the effect of such damage on the individual owner. (4) The importance of the services provided by the proposed facilities to the community. (5) The necessity to the facility of a waterfront location, where appli 40 - cable. (6) The availability of alternative locations. not subject to flooding or erosion damage. for the proposed use. i (7) The compatibility of the proposed use with existing and I • anticipated development- (8) The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for that area. i • 18056 c • § 180-71 ZONING § 180-71 (9) The safety of access to the property in times of flood for ordinary and emergency vehicles. (10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if ap- plicable. expected at the site. (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas. electrical and water systems and streets and bridges. # G. The Board of Appeals may issue a permit under this section if it finds that the proposed use of the premises wily not endanger the health and 1 safety of the occupants of land within the floodplain or the public. or it may issue a permit with such conditions as it deems necessary to protect the health and safety of the occupants and the public or provide proper flood control or protection, or it may deny the application. The burden of showing that the proposed development will not endanger health and safety and that it will be an appropriate use of the land shall rest upon the developer, who shall provide such additional engineering and hydrological data as the Board of Appeals deems necessary. The Board shall. as a condition of approval. require that effective notice be given to prospective purchasers or existing landowners by signs. notation on plans and permits or otherwise, of past flooding of said premises, and the steps undertaken by the petitioner or his successor in title to alleviate the effects of the same. H. Without limiting the generality of the foregoing. the Board shall ensure that: (1) New construction or substantial improvements of residential structures within the Roodplain Zone will have the lowest floor i (including the basement) elevated to or above the level of the one- hundred-year flood. (2) New construction or substantial improvements of nonresidential structures intended for human occupancy or employment. excluding open-walled shelters for temporary use by outdoor j recreationalists. within the Floodplain Zone will have the lowest floor (including the basement) elevated to or above the level of the one-hundred-year flood or, together with attendant utility and • 18057 II r § 180-71 AGAWAM CODE § 180-71 sanitary facilities. be floodproofed, as defined in § 180-69, up to the level of the one-hundred-year flood. Where floodproofing is utilized for a particular structure. the Board shall require certification from a registered engineer or architect of the floodproofing and of the elevation to which the structure is floodproofed. (3) No use or structure shall be located in the designated floodway which would result in any increase in flood levels during the base flood discharge. • (4) No fill or encroachment within the designated floodway shall be permitted that would impair its ability to carry and discharge the waters resulting from the one-hundred-year flood. except where ' the effect on flood heights is fully offset by stream improvements. • (5) All other necessary permits for the proposed development, as defined in § 180-2. have been received from those federal. state or local governmental agencies from which price approval is required. i • (6) Adjacent communities and the Massachusetts Department of Environmental Quality Engineering, Division of Water Resources. I are notified prior to -any alteration or relocation of a watercourse. and that evidence of such notification is submitted to the Federal Insurance Administration. and that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained. (7) New construction (including prefabricated buildings) and substantial improvements be anchored to present flotation and lateral movement, and be constructed with flood-resistant materials and methods. (8) New or replacement water supply systems and/or sanitary sewerage systems to be located in the Floodplain Zone shall be designed to minimize or eiiminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. 18058 j • +• § 180-72 ZONING § 180-72 • § 1 B0-7 - General stipulations. A A subdivision filed with the Planning Board under Chapter 41 of the General laws of Massachusetts shall meet the rules and regulations of the Planning Board as they apply to floodplain managements The subdivision as approved by the Planning Board may be considered a single application when submitted to the Board of Appeals under this Article. The action of the Planning Board shall in no way limit the Board of Appeals in its decision and setting of conditions. B. Nothing contained in this Article shalt limit the authority of the Board of Health with respect to premises in the Floodplain Zone or affect the applicability of the Building Code? to any building in the Floodplain Zone. C. A building permit issued by the Inspector of Buildings before the effective date of this Article shall be deemed to be a permit hereunder. D. Any plans or applications submitted to any board. agent or authority of the town which concerns land within the floodplain shall be noted: "This proposal is for land which lies in the floodplain and meets the • requirements of the Floodplain Ordinance. E. Any existing nonconforming uses or structures in the designated floodway shall not be substantially improved but may be modified. altered. repaired or reconstructed, subject to regulations pertaining to nonconforming uses. to incorporate floodproofing measures. provided that such measures or such modification. alteration. repair or reconstruction do not raise the level of the one-hundred-year flood at any point_ R No new construction. alteration or extension of a structure for human occupancy as permitted under § 180-71 shall be allowed beyond the foundation stage until the elevation of the lowest floor (including the basement) has been checked and certified, in writing. to the Inspector 1 of Buildings or as being the elevation as stated on the approved plans or higher. All final grades or any change in topography shall be checked and certified. in writing, as being according to the approved plans. Inspection and certification shall be made by a registered professional engineer or land surveyor. All casts incurred under this 1 6 &kOr's Na*: Sea Ankle VU, nco*31aiM of Ch 159. SuWives+on of LarxL 7 Ed+or's Note: sae Cn aZ BwkliN Consuucuon. ♦ 18059 1 • § 180-72 AGAWAM CODE. § 180-75 • section shall be borne by the applicant. Records of these elevations and certifications shall be maintained in the office of the Inspector of Buildings-and shall be open to public inspection. G. Records of the certification of the floodproofing on nonresidential j structures as required in § 180-71 H(2) shall be maintained in the office of the Inspector of Buildings and shall be open to public inspection. H. Where interpretation is needed as to the exact location of the boundaries the Floodplain Zone (for example. where there appears to be conflict between a mapped boundary and actual field conditions). the Town Engineer shall make the necessary interpretation. ; I § 180-73. Securities or bond required. i The completion of all earth work not bonded or covenanted under Chapter 41 of the General Laws of Massachusetts shall be guaranteed with the Town of Agawam by securities or bond as required by the town prior to commencement by any earth work_ • § 180-74. Severability. The invalidity of any section or provision of this Article for regulation of the floodplain shall not invalidate any other section or provision hereof. ARTICLE All Signs (Added 9-12-19771 • § 180-75. Purpose and definitions. The purpose of this section is to provide for the reasonable regulation and control of the erection and maintenance of signs and advertising devices within • the town to the end that the appearance and amenities of the town may be preserved and enhanced. without unduly restricting the conduct of lawful enterprise. For this purpose. the following terms shall have the meanings , hereinafter ascribed to them: • 18060 41 1 § 180-75 ZONING § 180-75 ACCESSORY SIGN — Any sign that advertises or indicates the person occupying the premises on which the sign is erected or maintained or the business transacted thereon or the products sold thereon. AREA — A Area of the face. The area of the face of a sign shall be considered to include all lettering, working and accompanying designs and symbols, together with the background on which they are displayed and any cutouts or extensions. B. The area of a sign consisting of individual letters or symbols attached to or painted on a surface. building. wall or window shall be considered to be that of the smallest quadrangle or triangle which encompasses all the letters and symbols. C. The area of a sign consisting of a three-dimensional object shall be considered to be the area of the largest vertical cross section of that object. D. In computing the area of the signs, both sides of v-shaped signs. but only one (1) side of back-to-back signs. shall be counted. BILLBOARD — Any nonaccessory sign greater in face area than forty (40) square feet. Cy: COLOR — The color concept of the sign shall be such that it does not violate the purpose of this Article. INSTRUCTIONAL SIGNS — Signs indicating "entrance.- "exit" or the like. erected on premises for the direction of persons or vehicles. j OUTDOOR ADVERTISING BOARD —The Outdoor Advertising Board of the Commonwealth or any board or official which may hereafter succeed to its powers or functions. OVERHANGING SIGN — A sign or other advertising device which hangs or extends over a sidewalk or a way in which the public has a right of access. Wall signs and standing signs shall not be included in this definition_ PERSONS -- Includes an individual, corporation, society. association. partnership. trust or other entity, public or private. 18061 § 186-77 AGAWAM CODE § 180-79 C. Placement of signs. Signs allowed by permit of the Sign Officer shall contain reasonable stipulations concerning placement based upon the speed of travel and sight distance of the adjacent wrays, the number and location of signs already existing in the area and the concept of the sign in relation to the purpose of this Article. § 180-78. Accessory signs. Accessory signs shall be permitted which meet the following additional requirements: A Instructional sign_ Such signs shall not contain any commercial advertisement of any merchandise or exceed six (6) square feet. § 1 80-79. Residence Districts. In any area zoned as a residence district, the following are authorized by right without a permit: A One (1) sign displaying the street number and/or name of the occupant of the premises. not exceeding two (2) square feet in area, Such signs may include identification' of any accessory professional office or other accessory use permitted in a residence district. Of the signs allowed under Subsections A D. E and K the total number of signs per lot shall not exceed two (2). B. Signs pertaining to the lease, sale or use of a lot or building. provided that such signs do not exceed a total area of six (6) square feet. Such signs shall be removed forthwith upon sale or rental of the premises advertised. C. One (1) bulletin or announcement board. identification sign or entrance marker for each public entrance to the premises upon which a church. synagogue or educational institution or a governmental authority is located. Such signs shall not exceed twenty (20) feet in area, provided that there shall be no more than three (3) signs for each church. synagogue or institutional building complex. 0. Attached signs. A sign otherwise permitted in this section may be attached to a building if it complies with all requirements of § 180-77 and this section. 18064 i 180-79 ZONING § 180-80 E. Signs offering accommodations for guests. not to exceed two (2) square feet in area. F. Signs prohibiting trespass, hunting and the like, not to exceed two (2) • square feet. G. Street name signs and signs erected by the town, county or state for the direction and control of traffic. H. Window signs. For residential zones and their accessory use. window • signs as defined, provided that the aggregate area of such signs shall not exceed two (2) square feet. All such signs shall not exceed two (2) square feet for each occupancy-or establishment. 1. A sign on or adjacent to the entry of a multiple-occupancy building listing the names and/or occupations of the occupants or establish- ments therein, provided that the size of such sign shall not exceed two (2) square feet for each occupancy or establishment. J_ Signs designating historical places or points of interest. erected by a governmental authority or by a duly chartered historical association or the like. not to exceed six (6) square feet in area. § 180-80. Business and industrial districts. In an area zoned as a business or industrial district, signs are authorized by right without permit as listed in § 180-79 above. In addition. each place of business may be issued a permit for a sign or signs as follows: A Wall signs not to exceed twenty-five percent (25%) of the area of the front and rear walls and ten percent (10%) of each secondary side of • . a building are permitted. B. Standing signs are permitted subject to the following conditions: (1) Standing signs are not to exceed twenty-five percent (25%) of the front wall of the principal structure fronting on a street. (2) Standing signs and V-shaped signs on roofs, marquees. cornices. awnings and projections are permitted. Signs mounted upon or part of ventilating equipment. shafts or towers projecting above the roofline of the building are prohibited. • 18065 • § 180-80 AGAWAM CODE § 180-83 (3) Signs located within the setback area shall not be located within ten (10) feet of grade. not to include instructional signs. (4) Window signs for permitted retail establishments in all districts. Window signs shall not exceed fifty percent (50%) of the area of • the window glass. provided that the aggregate area of such signs shall not be included in the total area allowed under § 180-79H. § 180-81. Agricultural Districts. • In Agricultural Districts. a permit for two (2) signs not to exceed thirty-two (32) square feet per sign in'area may'be granted to identify an accessory use permitted. When the agricultural zone does not abut a street. the sign allowed under this section may be located on street front_property contiguous to the agriculturally zoned land. provided that 'the land is under the same ownership. The sign shall conform to § 180-77 of this Article. V-shaped signs or back signs are allowed. Freestanding signs shall be a minimum of one hundred (100) feet apart. § 180-82. Existing signs. Any signs. except billboards, in existence at the time of adoption of this Article shall not be subject to the provisions hereof except as to any provisions dealing with the structural integrity of the sign and § 180-86. • § 180-83. Nonaccessory signs. A. The erection or continued maintenance of private nonaccessory signs is not permitted. provided that such signs lawfully erected prior to the date of adoption of this Article may be maintained until October 1979. 8, The Town Council may authorize the erection of nonaccessory signs. kiosks or directories on public property by the town for direction purposes. Following a public hearing. the Council shall stipulate • specifications. conditions, locations and fees for the erection. use and maintenance of each nonaccessory sign. kiosk or directory. The Council may set the number of signs. kiosks or directories and the location thereof. but in no event shall the number of signs, kiosks or • 18066 • t ! § 180-83 ZONING § 180-83 directories exceed six (6) in number for any one (1) entity. business. corporation or address. [Amended 4-1-1991 by TOR-91-1 J C. Indemnification and liability. [Added 4-1-1991 by TOR-91-1] (1) The applicant-owner authorized by the Town Council to erect and/or retain a nonaccessory sign, kiosk or directory on public property of the Town of Agawam as authorized under Subsections A and B of this section shall agree to save and hold harmless and indemnify the Town of Agawam. its officers. directors. employees. board members. elected and appointed officials and agents from and against all liability, claims. demands, damages, costs, expenses, attorney's fees.'judgements. losses and all causes of action on account of personal injuries, property damage or loss. nuisance or damage of any kind and nature whatsoever, which arise out of or are in any manner connected with by reason of. pertaining to or relative to the authorization. erection, placement. construction. design, location. color, maintenance. repair, removal. destruction, vandalism. theft and accuracy of the signs. kiosks or ! directories under this section. The applicant-owner' shall shall further agree to save and hold harmless and indemnify the Town of Agawam as aforesaid for any and all causes of action claimed to arise out of or which are in any manner connected with said signs. kiosks or directories. regardless of whether said injury, loss. damage. claim, costs. expenses. attorney's fees, judgements or losses shall have been caused by, or claimed to-have been caused by. the negligence or fault of the Town of Agawam as aforesaid or the applicant-owner or by agents or employees of the foregoing or by accident or otherwise. (2) In the event any action is brought against the Town of Agawam as aforesaid, the applicant-owner authorized under this section shall assume full responsibility and liability for the defense thereof the costs, expenses, attorney's fees, settlements and judgements therefrom, and. upon the failure to do so on notice from the Town • of Agawam, the Town of Agawam reserves the right to defend such action or actions and to charge all costs, expenses. attorneys fees. settlements and judgements thereto to the applicant-owner. and the applicant-owner shall immediately pay and reimburse the town. The applicant-owner shall take all • 18067 • s • § 180-83 AGAWAM CODE § 180-85 • precautions necessary to protect the public against injury and damage. (3) The applicant-owner shall be required to lawfully execute a hold- harmless indemnification agreement in compliance with this • section prior to final authorization by the Town Council. § 180-84. Prohibitions. A Overhanging signs. No overhanging signs shall be permitted unless • part of a cantilever of a principal building: however. this provision shall not apply to street name signs or to signs or devices erected by the town. county or commonwealth for the direction and control of traffic. B. . Billboards as defined herein are prohibited. C. Private signs on town property are prohibited unless a permit for such • a sign is authorized by the Town Council. No such authorization shall be given until after a duly advertised public hearing: any such signs shall conform in all respects to all other provisions of this Article. Permits for such signs may be revolted at any time by the Town Council. • D. No signs shall contain. in the opinion of the Sign Officer. a color or movement which is a violation of the purpose of this Article. § 180-85. Temporary signs; removal of political signs. A. Temporary signs which do not comply with this Article shall be permitted. Before a temporary sign (other than a temporary sign defined as a window sign or political sign) shall be erected. there shall be deposited with the Sign Officer the sum of twenty-five dollars ($25.) in cash for each sign_ The deposit shall be refunded only upon the • removal of the sign within the time specified in the permit. Temporary signs which do not comply with this Article may be authorized by the Sign Officer for public or nonprofit purposes without deposit. These signs shall not exceed thirty-two (32) square feet in area. B. Political signs may be erected only on private property and with the • landowners permission. Political signs shall not exceed six (6) square feet in area. may be erected fifteen (15) days prior to a primary election and maintained. in good condition. continuously until forty-eight (48) • 18068 • 1 ; i i § 180-85 ZONING § 180-87 hours after the close of the polls of the final election. Candidates eliminated in the primary election shall have their signs removed within forty-eight (48) hours after the close of the polls of the primary election. All such signs shall be removed within the forty-eight-hour limit as a responsibility of the property owner.'A challenge to the official count shall not negate this provision. A fine not to exceed fifty dollars ($50.) may be levied on the property owner for failure to comply with • this section. § 180-86. Maintenance. All signs. whether erected prior to the effective date of this Article or not, and • whether a permit is required or not. shall be maintained in a safe and legible condition to the satisfaction of the Sign Officer. Failure to correct violation of this provision within thirty (30) days after notice thereof shall constitute grounds for revocation of the permit. or for removal of the sign if it was erected prior to the time when such permit is required. It shall be a duty of the owner or lessee of any sign to maintain the immediate premises occupied by the sign in a clean, sanitary and healthful condition. § 180-87. Special cases. Notwithstanding the foregoing provisions of this Article, certain special types of activities or situations are recognized for which such provisions may be modified and permits issued as follows: A. Theaters. The marquee of a theater as defined in MGL C. 143 shall be considered as comprising part of the wail area in determining the total sign area to be permitted. B. Subdivisions. One (1) permanent subdivision name sign, not to exceed thirty-two (32) square feet, may be permitted for each entry to a subdivision from a public way. Such a sign may be erected only upon • receiving approval of the definitive plan for the project. C. Contractors. developers. for each construction or development project there may be issued a temporary permit for one standing sign, not to exceed thirty-two (32) square feet in area, setting forth facts and names • pertinent to the project_ Such signs shall be erected only upon 18069 § 180-87 AGAWAM CODE § 180-89 • receiving approval by the town for the project. Such signs shall be removed forthwith when the project is completed. Any project which is funded in whole or in part by federal, state or municipal funds may have such signs as the funding authority may require, regardless of the • provisions of this Article. D. Gasoline stations. Standard pump head signs of gasoline filling stations shall not be included in the total area of signs permitted. and no permit shall be required therefor. but they shall conform to the provisions of § 180-77B of this Article. '• E. Where a building (or buildings in a common group such as a shopping center) contains three (3) or more separate businesses.(or professional offices) and it is desired to identify the building or group of buildings as such, in addition to the signs permitted for the individual businesses. there shall be permitted one (1) standing sign displaying the name of the building or group of buildings and not to exceed sixty-four (64) square feet plus six (6) square feet for the listing of each occupant or business. • § 180-88. Special permits. The Board of Appeals is authorized to grant special permits for signs which would not otherwise comply with this Article_ In granting any such permit. the Board shall comply with all procedural requirements of law pertaining to the issuance of special permits in general. § 180-89. Severability. The invalidity of any section or provision of this Article for the regulation of • signs shall not invalidate any other section or provision hereof. • • 18070 4 v M TOR-97-8 AN ORDINANCE TO AMEND AGAWAM ZONING P�Q,�VDIMNCE CHAPTER 184 ARTICLE VIIIf �`� C7 -- -3 P ?" TSINESS A DISTRICT SECTION 184-44 - ^'� !"•� _ _ _ PERMITTED USES n.- r ICE Oi t NE �;_ ...._ . .. _ V A �,'Ai% i - WH MEAS, the Planning Board deems it necessary to amend EAe " Town of Agwam Zoning Ordinances to address evolving and chang�g -._ situations and matters; an3' cn WHEREAS, the Planning Board has sponsored this ordinance• amended and is requesting that the Council adopt this zoning ordinance amendment, and WHEREAS, it is in the best interests of the Town of Agawam to update and amend its zoning ordinances, and NOW TFIF'REFORE, the Agawam Town Council hereby amends Section 180-44 of the Code of the Town of Agawam, which amendment shall be effective upon passage, by adding Section 180-44I to read as follows : 180-44I Drive-thru service windows utilized by any business shall require a Special Permit from the Board of Appeals in conformance with Section 180- 11 . Dated this day of 199 7 PER ORDER OF THE AGAWAM TOWN COUNCIL C � c Kenee P. Servis, Council President ' APPROVED A5 TO FORM AMD LEGALITY cc _ �� . Th m Lo e, Solicito - I • B ,� r . Tommunwaft4 of ffiasoar4uuttu k DEPARTMENT OF TELECOMMUNICATIONS AND ENERGY • December 10 , 1998 D.T.E. 98-33 Petition of Tennessee Gas Pipeline Company, pursuant to M.G.L. c. 40A, §3 for exemption in particular respects from the Zoning By-Laws of the Town of Agawam. • APPEARANCES: Harold W. Potter, Jr_ Dianne R. Phillips Sherburne, Powers & Needham, P.C. One Beacon Street Boston, Massachusetts 02108 etitioner Donald M. Rheault, President Agawam City Council 36 Main Street Agawam, MA 01001 Intervenor . Daniel F. Keenan, Representative, Third Hampden District Commonwealth of Massachusetts State House, Room 236 Boston, MA 02133-1054 Interested Person • • • tj • TABLE OF CONTENTS I. Introduction.....................................................................................I • II. Procedural History.............................................................................2 III. Standard of Review............................................................................3 IV, Description......................................................................................6 A. Need for the Proposed Project......................................................6 B. Impacts of the Proposed Project....................................................6 • 1. Hazardous Substances.......................................................6 2. Noise...........................................................................7 3. Land Use......................................................................7 V. Positions of the Parties........................................................................8 A. Tennessee Gas Pipeline Company..................................................8 B. Agawam City Council........................•.......................................8 V I. Analysis and Findings.........................................................................9 VII. Order............................................................................................. 12 • • • • • D.T.E. 98-33 Page 1 1. INTRODUCTION On April 1, 1998, Tennessee Gas Pipeline Company ("Tennessee Gas" or "Company") petitioned the Department of Telecommunications and Energy ("Department") for an 0 exemption from certain sections of the Zoning Ordinance of the Town of Agawam ("Town") pursuant to the powers vested in the Department by M.G.L. c. 40A, § 3 (Exh. TEN-1, at 1- S),I The Company has requested a zoning exemption in order to construct a new compressor • building and appurtenances at the location of its existing compressor station No. 261 on Suffield Street in Agawam, Massachusetts (id.).Z Tennessee Gas has proposed to remove the • existing compressor station and build the new compressor station on the foundation of the old one (Exh. TEN-3-1). The Company is requesting, pursuant to G.L. c. 40A § 3, exemptions from the sections • of the Agawam Zoning Ordinance titled Nonconforming Uses at § 180-7 and Permitted Uses at §180-37(Exh. TEN-1, at 2 and 3). Tennessee Gas asserts that its proposed compressor • building would not conform to Agawam's Zoning Ordinance because it would be located in an Agricultural District and would not comply with applicable use restrictions (id.). Furthermore, • I The Zoning By-Law for the Town of Agawam is contained in Chapter 180 of the Cade of the 'Fown of Agawam and is known as the "Zoning Ordinance" of the Town. In addition, Tennessee Gas proposes to construct (1) a meter station at the site of the • Berkshire Power Company's ("Berkshire Power") proposed generating facility in Agawam, Massachusetts and (2) a 1 .57 nille gas pipeline that would ConlleCt (lie proposed compressor station and rltcter station (RR-I)TE-2C). The Company stated that Agawam's Zoning Ordinance does not apply to these project comporients and that the Federal I.nergy Regulatory Commission ("PI-_RC") approved the compressor station, lneter station and pTellne Milder lllatiket authorization in FERC Docket No. C:I'82-413-000 on June 11, 1998 (Exlls_ TEN-I at Att. Q 'I'1 N-2, at 2 and 4). 0 • D.T.E. 98.33 Page 2 Tennessee Gas asserts that Agawam's Zoning Ordinance would classify its facility as an • existing nonconforming use, and therefore the project may not comply with restrictions regarding rebuilding and modifying a non-conforming use (id-J. • Tennessee Gas maintains that it has the right to apply for a zoning exemption as it is a natural gas pipeline company as defined in Chapter 164 of the Massachusetts General Laws and is a public utility transporting natural gas in bulk to numerous Massachusetts and other • New England local distribution companies (id. at 1). I1. PROCEDURALIiISTORY • The Department docketed the petition as D.T.E. 98-33. Pursuant to notice duly issued, the Department conducted a public hearing in Agawam on June 30, 1998 to afford interested persons an opportunity to be heard.3 The Department received a timely petition to intervene • from Donald M. Rheaalt, President of the Agawam City Council, on behalf of the City Council, and a timely petition to participate as an interested person from Massachusetts State • Representative Daniel F. Keenan. Tennessee Gas did not oppose the petition to intervene or the petition to participate as an interested person and they were duly allowed by the Department. The evidentiary hearing was held on August 27, 1998. • In support of its petition, the Company sponsored the testimony of two witnesses: Jesus Soto, Project Engineer and James D. Hartman, Property Rights Specialist. Intervenors • who gave testimony included City Councilors Edward Caba, Robert A. Magovern and Gina- Marie I_ctclhcr. • 3 'HIC Department ASO conducted a site visit to the Company's dacilitie:s on June: 30, 1998. • • D.T.E. 98-33 Page 3 III. STLANDARD OF REVIEW • In its petition for a zoning exemption, the Company seeks approval under G.L. c. 40A, § 3, which, in pertinent part, provides: • Land or structures used, or to be used by a public service corporation may be exempted in particular respects from the operation of a zoning ordinance or by-law if, upon petition of the corporation, the [D]epartment of[T]elecommunica(ions and [E]nergy shall, after notice given pursuant to section eleven and public hearing in the town or city, determine the exemptions required and find that the present or proposed use of the land or structure is reasonably necessary for the convenience or welfare of the public.... Under this section, the company first must qualify as a public service corporation (see • Save the Bay. Inc. v.-Department of Public Utilities, 366 Mass. 667 (1975)), and establish that it requires an exemption from the local zoning by-laws. The company then must demonstrate that the present or proposed use of the land or structure is reasonably necessary for the public convenience or welfare. In determining whether a company qualifies as a "public service corporation" for purposes of G.L. c. 40A, § 3, the Supreme Judicial Court has stated: • among the pertinent considerations are whether the corporation is organized pursuant to an appropriate franchise from the State to provide for a necessity or convenience to the general public which could not be furnished through the ordinary channels of private business; whether the corporation is subject • to the requisite degree of governmental control and regulation; and the nature of the public benefit to be derived from the service provided. Save the Ray at 680. • In determining whether the present or proposed) use is reasonably necessary for the public convc1lience or Welfare;, the Dc:parttnent inust balance the Interests of tire; gencral public against the local iutdrest. Save the liav, .tt 685-686; Town ot''Fruro v. Dellarttttent of llubfic • • D.T.E. 98-33 Page 4 Utilities, 365 Mass. 407 (1974). Specifically, the Department is empowered and required to • undertake a "broad and balanced consideration of all aspects of the general public interest and welfare and not merely [make an] examination of the local and individual interests which might 4 be affected." New York Central Railroad v. Department of Public Utilities, 347 Mass. 586, 592 (1964). When reviewing a petition for a zoning exemption under G.L. c. 40A, § 3, the Department is empowered and required to consider the public effects of the requested • exemption in the State as a whole and upon the territory served by the applicant. Save the Bay at 685; New York Central Railroad at 592. + With respect to the particular site chosen by a petitioner, G.L. c. 40A, § 3 does not require the petitioner to demonstrate that its preferred site is the best possible alternative, nor does the statute require the Department to consider and reject every possible alternative site • presented. Martorano v. Department of Public Utilities, 401 Mass. 257, 265 (1987); New York Central Railroad, at 591; Wenham v. Department of Public Utilities, 333 Mass. 15, 17 • (1955). Rather, the availability of alternative sites, the efforts necessary to secure them, and the relative advantages and disadvantages of those sites are matters of fact bearing solely upon the main issue of whether the preferred site is reasonably necessary for the convenience or • welfare of the public. Martorano at 265; New York Central Railroad at 591; Wenham at 17. Therefore, when making a determination as to whether a petitioner's present or • proposed use is reasonably necessary for the public convenience or welfare, the Department examincs: (1) the need Ior, or public benefits of', the present or proposed use (,we Massachusetts i;Iectric Compan , D.I'_U_ 95-57, at 5 (1995) ("MLCv, D.P_U_ 95-57"); New • Fnbland Power COTI)I ate. I)T.U. 92-278/279/280, at 19-22 (1994) ("N IL:PCo, D.P.11. i • D.T.E. 98-33 Page 5 92-278f2791280"); Tennessee Gas Pi line Company, D.P.U. 85-207, at 6-9 (1986) • (" enness a")); (2) the present or proposed use and any alternatives identified (Sgg MECo, D.P.U. 95-57, at 6; NEPCo, D.P.U. 92-278/279/280, at 19; ennessee, at 18-20); and (3) the environmental impacts or any other impacts of the present or proposed use see MECo, D.P.U. 95-57, at 5-6; NEPCo, D.P.U. 92-278/279/280, at 20-23; Tennessee, at 20-25). After examining these issues, the Department balances the interests of the general • public against the local interest and determines whether the present or proposed use is reasonably necessary for the convenience or welfare of the public.' • 4 In addition, the Massachusetts Environmental Policy Act ("MEPA") provides that "(a]ny determination made by an agency of the commonwealth shall include a finding describing the environmental impact, if any, of the project and a finding that all feasible measures have been taken to avoid or minimize said impact." G.L. c. 30, § 61. Pursuant to 301 C.M.R. § 11.01(3), these findings are necessary when an Environmental Impact Report ("EIR") is submitted by a company to the Executive Office of Environmental Affairs ("EOEA"), and should be based on such EIR. Where an EIR is not required, c. 30, § 61 findings are not necessary (301 C.M.R. § 11.01(3)). Since this project did involve an EIR, the Department must determine whether the • project complies with the MEPA at M.G.L., c.30 §§. 61-6211 and with its implementing regulations (301 C.M.R. § 1 1.00). The chronology of the MEPA review is as follows: Berkshire Power submitted an Lnvironmental Notification Form ("ENF") in March 1995, EOEA issued a certificate on the ENF on April 21 , 1995 and required Berkshire Power to file a Draft Environmental Impact Report ("DEIR"); • Berkshire Power filed its DEIR in August 1995; EOEA issued a certificate of adequacy on the DEIR on August 22, 1995, Berkshire Power filed its Final Environmental Impact Report ("FEW") in January 1996; and F:OEA issued a certificate of adequacy on the FTIIt on March 1, 1996. In addition, two notices of project change were filed with EOEA that included the compressor station and changes to the alignment of the • interconnecting pipeline. EOEA issued a certificate ol'adequacy on the notices of' project change on May 22, 1998. • D.T.E. 9$-33 Page 6 IV. DESCRIPTION • A. deed for the Proposed P1Qiec:t The Company stated that its existing compression facilities are inadequate to meet the • demand for additional pressure to supply gas to the Berkshire Power Company, L.L.C.'s ("Berkshire Power") planned natural gas-fired power plant in Agawam (Exh. TEN-3, at 3).5 B. Impacts of the Proposed Project • In accordance with its responsibility to undertake a broad and balanced consideration of all aspects of the general public interest and welfare, the Department examines the impacts • associated with the proposed project to identify any significant impacts that would likely occur during construction and operation of the compressor facility. In this case, potential impacts are limited to removal of hazardous substances during construction, noise during operation and land use. 1. Hazardous Substances The Company stated that the existing compressor station contains concrete asbestos wall • panels made from a material called Transite (id. at 2). Tennessee Gas stated that the panels are formed from a mixture containing asbestos and concrete, and asserted that the material is "non- 41 friable"(id.).' To prevent the possible spread of asbestos fibers during removal of the panels, Tennessee Gas proposes to encapsulate the Transite panels within a thin layer of latex encapsulant (id.). The Company would then unbolt the panels, carefully remove them from the • S Tlic Encrgy facilities Siting Board approved the petition for the Berkshire Power plant on June 19, 1996_ Berkshirc Tower Decision. 4 DOMSB at 221 . • 6 Non-friable refers to a material that is rio( easily crushed into particles/powder. D_T.E. 98-33 Page 7 building's steel frame, wrap them in 6 millimeter thick plastic material, mark them as • "asbestos containing material" ("ACM") and dispose of them at the Connecticut Valley Sanitary Waste Landfill, a facility approved to accept ACM, located in Chicopee, • Massachusetts id.). 2. Noise According to the Company's noise study, the project will result in an increase in noise • levels during full load operation of 0.9 decibels, A-weighted ("dBA") along the north property line and 1.3 dBA along the southwest property Iine (Exh. TEN-3-6). To justify its assumption . that full load operation represents an appropriate baseline for its noise study, the Company provided documentation that shows the existing compressor facilities run at full capacity on most of the days of the year (RR-DTE-5). The Company stated that the estimated noise levels • would comply with the federal noise limit of 55 dBA and that the Company would guarantee compliance with this level at nearby noise sensitive areas (Tr. at 37). • 3. Land Use In regard to visual and land use impacts, the Company stated that the existing building will change very little from its existing dimensions and shape (Exh. TEN-3, at 2). The • Company stated that the building will be located on the foundation of the old compressor station and will be approximately one foot shorter in height than the existing 22' 11 1/4" • building (id.). The only wetlands identified by the Company were associated with the pipeline portion of (lie work, and were well removed from the compressor station (RR-DT -2C). The 0 Company stated that the work is not within an historic district, nor does it pose any D.T.E. 98-33 Page 8 archeological concerns (Exh. TEN-2, at 4)7. Finally, the Company stated that the project will not generate traffic except a minor increase during construction id. . V. POSITIONS OF THE PARTIES ! A: Tennessee Qas Pipeline Company The Company contends that an exemption from the Agawam's Zoning Ordinance will enable the petitioner to upgrade an existing compressor station on its property to maintain the ! current level of service to its customers and to deliver natural gas to Berkshire Power in Agawam (Exh. TEN-], at 2). Since the existing compressor building is located on Company . property in an agricultural district pursuant to Agawam's Zoning Ordinance, demolition and reconstruction of the compressor building, even within the existing building foot print, is not permitted as a matter of right. (lid. at. 4). The Company contends that it has the right to sees: exemption from the Zoning Ordinance by petition to the Department (id. at 1). B. Agawam City Council The City Council argued that the proposed project is not reasonably necessary for the • convenience or welfare of the public because the proposed additional compression is needed solely to meet the requirements of Berkshire Power's generation facility and not to serve the Company's existing customers. (Tr. at 56). In addition, the City Council questioned Berkshire Power's need for additional compression by introducing Berkshire Power's Draft • 7 In a letter dated May 29, 1998, the Massachusetts 1-1Istorical Commission ("MHU) stated the project is unlikely to Contain signilicarit 111ste.iric or arChcolobrCal resources and that no further MliC review was required in accordance with Massaeliusew, . General laws, Chapter 9, Sections 26-27C, as amended by Chapter 254 of the Acts of 1988 (950 C.M.R. § 71) and META. (F10EA # 10287)- • • Q.T.E. 98-33 Page 9 Environmental Impact Report from their Massachusetts Environmental Policy Act ("MEPA") • filing (page 233, paragraph 2.2.8), which stated that additional compression would not be required (Public Hearing Tr. at 29). Finally, the City Council argued that the proposed Zoning Exemption would violate the Town's Home Rule Charter. V1. ANALYSIS AND FINDINGS Tennessee Gas is a natural gas pipeline company as defined in Chapter 164, § 1, • organized for the purpose of distributing and selling gas within. the Commonwealth. See Tennessee Gas Pipeline Company, D.P.U. 85-207 (1986), D.P.U. 91-54 (1991) and D.P.U. * 91-247 (1992). Accordingly, the Company qualifies as a public service corporation and is eligible to petition the Department for an exemption from a local zoning ordinance pursuant to G.L. c. 40A, § 3.8 G.L. c. 40A, § 3, authorizes the Department to grant to public service corporations exemptions from local zoning ordinances or by-laws if the Department determines that the exemption is required and finds that the present or proposed use of the land or structure is reasonably necessary for the convenience or welfare of the public. With respect to the Company's petition pursuant to G.L. c. 40A, § 3, the Company seeks exemptions from the sections of the Zoning Ordinance of the Town of Agawam titled Nonconforming Uses at § 180-7 and Permitted Uses at § 180-37 (Exh. `l'EN-1, at 2-3). Section 180-7 limits the • extent to which one can rebuild and make modifications to an existing non-conforming use. The City Council', assertion that this proceeding violates the ` omni's I10111C Rule; Charter conflicts with (j.L. c. 40A, § 3 which clearly wahorize:s the I)cpartrnew Ic> grant Zoning exeiilJA1011ti to public service corporations under ccrialn circumstances. • • D.T.E. 98-33 Page 10 Section 1180-37 limits work in agricultural areas to the construction of buildings for farm • activities and or selling of farm products, and the construction of residences in zoned areas A-1 and A-2. Based on its review, the Department concludes that these sections of the ordinance • could impede construction and implementation of the Company's proposed project. Therefore, the Department finds that the Company's proposed project requires the petitioned exemptions from the operation of said sections of the Zoning Ordinance of the Town of Agawam. • Under G.L. c. 40A, § 3, the Department must examine whether the Company's proposed use of the land and structures as set forth in its petition is reasonably necessary for • the convenience and welfare of the public. In determining whether the proposed project is reasonably necessary for the convenience or welfare of the public, the Department first examines the need for, or the public benefits of, the present or proposed use. The Department • then examines the environmental and other impacts of the project, and considers the identified alternatives. Finally, the Department must balance the interest of the general public against the local interest.' • Regarding the need for, or the public benefits of, the proposed use, the Energy Facilities Siting Board has already determined that the Berkshire Power facility will provide a necessary energy supply for the commonwealth and has issued a decision approving the power plant. Berkshire Power Decision, 4 DOMSB at 221 (1996)_ Here, the Company has submitted testimony demonstrating ilia( modifications to its compressor station are necessary • The Department (totes that mctnhcrs of the Agawam City C.Qullcil, as well as a nuntlzcr of citizens of t11c Town of' Agawarn expressed opposition to (he Berkshire Power 1'r0ject. (1'c11111C l lc:ariag Tr. at 44 to 01 , Tr. at 9 (o 59). l lowever, Ihc 13cf'kshirc flower Project is licit within (Ile 11111rted scope of'this case_ • • D.T.E. 98-33 Page II because of the increased demand for natural gas to supply the power plant, and (2) the need • for a facility that can house sophisticated computer equipment related to the operation of a gas compression facility (TEN-2, at 2 and 3). Consequently, the Department finds that the compression facility is integral to the contracted operation of Tennessee's pipeline system to supply Berkshire Power's generation facility, and therefore is needed. The Department recognizes that Berkshire Power indicated at an early stage of the MEPA process that its proposed project would not require additional compression. However, two notices of project change have since been filed with the Executive Office of Environmental Affairs ("EOEA") that include the new compression requirements and EOEA issued a Certificate of Adequacy on these Notices of Project Change on May 22, 1998. The Department therefore relies on this updated information for its analysis of the need for the compressor station. The Department finds that the upgraded compressor station will provide public benefits by providing a reliable supply of gas for the Berkshire Power facility. The Department also finds that by providing fuel to the Berkshire Power facility, the project will • provide a public benefit by contributing to a necessary energy supply for the Commonwealth. The record indicates that the Company has considered and developed plans to minimize and to mitigate when necessary, possible environmental impacts including hazardous waste, noise and land use. Specifically, the Company has developed an appropriate plan for the removal and disposal of asbestos from the existing compressor station and has minimized land • use impacts by reusing the existing foundation of the old compressor station, and avoiding wetlands or other cnvtronrrtetually sensitive areas. In addition, the Company has (Junionstrated * that operation of the new conipressor st;ilion its place of" il.s existing Compressor Station, will • • D.T.E. 98-33 Page 12 increase noise levels at the property line by a maximum of 1.3 dBA, well within the • Massachusetts Department of Environmental Protection's 10 dBA noise standard. Accordingly, the Department finds that the public interest in constructing the compressor station in Agawam outweighs any environmental impacts to the local community. • Therefore, the Department finds the proposed project is necessary for the public convenience or welfare of the public. In addition, the Department finds that all feasible measures have been • taken to avoid or minimize impacts, and that the project is in compliance with the Massachusetts Environmental Policy Act (M.G.L., c. 30, §§. 61-62H) and with its • implementing regulations (301 C.M.R., § 11.00). VII. ORDER Accordingly, after due notice, hearing and consideration, it is hereby • ORDERED. That the Tennessee Gas Pipeline Company's petition be allowed and that the proposed compressor station and appurtenances, as described in the Company's exhibits on file with the Department, be exempt from the operation of the following sections of the Zoning • Ordinance of the Town of Agawam, pursuant to G.L. c. 40A § 3 to the extent such facilities are used for the compression of natural gas, • Article I § 180-7, page 18013-18014 and Article V11, § 180-37, page 18038 of the Zoning Ordinance of the Town of Agawam; and it is FURTHER ORDERED: 'That the 'Tennessee Gas Pipeline Company shall Implement • all mitigation measures proposed by the Company in this proceeding, and it is FUR'1'11ER 010)EREl): That the "Tennessce Gas Pil)clinc Company notify the • Department of any Significant changes in the planned timing, design car crivironn en(al impacts • D.T.E. 98-33 Page 13 of the proposed project as'described above; and it is FURTHER ORDERED: That the Tennessee Gas Pipeline Company shall obtain all • other governmental approvals necessary for this project before its construction commences; and it is 46 FURTHER ORDERED: That the Secretary of the Department shall transmit a certified copy of this Order to the Clerk of the Town of Agawam; and that Tennessee Gas shall serve a copy of this Order upon the Conservation Commission, Planning Board, and each member of • the City Council of the Town of Agawam within five business days of its issuance and shall certify to the Secretary of the Department within ten business days of its issuance that such service has been accomplished. • By Order of the Department, a t Gail Besser, Chair (Ja es Con lly, Commissione t � W. Robert Keating, Comsni loner ', cc11�JC� f y Eu ne Sullivan, nimissioner 4�. K A true copy t' t Attest: ,c`A , Paul I3. Vasinglon, C hissioncr • MA Y OTTRELL Se tr2tary • • • D.T.E. 98-33 Page 14 Appeal as to matters of law from any final decision, order or ruling of the Commission may be taken to the Supreme Judicial Court by an aggrieved party in interest by the filing of a written • petition praying that the Order of the Commission be modified or set aside in whole or in part. Such petition for appeal may be filed with the Secretary of the Commission within twenty days after the date of service for the decision order or ruling of the Commission, or within such further time as the Commission may allow upon request filed prior to the expiration of twenty 46 days after the date of service of said decision, order or ruling. Within ten days after such petition has been filed the appealing party shall enter the appeal in the Supreme Judicial Court sitting in Suffolk County by filing a copy thereof with the Clerk of Said Court. (Sec. 5, Chapter 25, G.L. Ter. Ed., as most recently amended by Chapter 485 of the Acts of 1971). • • • • • • 0 c� cos LOG � BOXN DOCUNF-NT# I �S PAGE i DENSE WB0D l 1 a \ � \ o r \ � \ � 1 l lO i DENSE »ans I [I `w \ _ _ X I WOODS .� l \ I waa \ .r I DENSE 1 Lb a w X Q \ - co CD low . X - _ o �� �, \ �, ,.. r DS 1 CD ... .�'�" r / ENSE WUt] ! 1 Ln �► Q , \ O \ i X DENSE ODDS X � � \ SATELLITE . _ I DIShi x CONC. x—x A/C PAD \ i STREET LT. \ I \ .. (EXIST.) STREET LT. , 1 ,., N a OFFICE J (EXIST.) 4 ' } n � � ao � BLDG. � � i l 1 PLANT } / i ENTRANCE � � Lj o SIGN L,,, ` z NL f ao x t1 FLOOD LT. fL0 LT. W o � a j STREET LT. ,,1 STREET T. STREET LT. STREET LT, (EXIST.) (EXI T.) I Q (EXIST.) T ) (EXIST.) D: i (EXIST.) CONTROL w O LDG. 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DATE STATION NO. 261 BP, 1999 CONSTRUCTION DATE: ,DER TE-C261 BP-EI-YA-1 H.P. GAS PIPING PLAN-YARD LAYOUT ® NESSM Engineering SUPERVISOR DATE lum PNWMLME House n,Te Department DESDISCGN COORD. DATE IPLINE PLINE ENGR. DATE 1615 SUFF'IELD STREET, AGAWAM, MA Tennessee Gas Pipeline Co. so an Ell Paso Energy oompar,y PROJECT ENGR. DATE OPER. APPR, DATE HAMPDEN COUNTY, MASSACHUSETTS TE-C261 BP-Al -YA- 1 X PROJECT I0:4V1 SCALE- 1"=s0'-o [� Q O 1 N M qt L.1 J LLI Ld LaJ J J 70 `s SMH#3 1✓ g" / N7+00 X SMH#4 t DRIVEWAY I I W f �L �� 3 a Y 60" R.C.P m z J 105 w L.O. TANK FLOOD LIGHT O \\ INCOMING POWER CABLE 00 (NEW) I MEN.* + w w �r �r� w �r w �� �r �w w w w w ww.w w w : w �� w•� .•� �� a�� r...� r..r� u.�r +..r� �w� w w .ter www� w� w w TRANSFORMER & PRIMARY O� FUSING DISCONNECT O WORTWNG40 P � N5+40'-0" W £ T S 5 i x FLOOD LIGHT SWITCHGEAR & (NEW) STARTER O AIR STORAGE TANK I N6+00 N5+00'-0" WI cr- Li <)° > N5+73'-0" 3 I E2+40'-0" o � Io a 1 co o I z a �E2♦ '-0" 61'-83., c I O N 4 o (0/0 STL.) co W I + Z J S UJ i 0 - - - DRIVEWAY TO BE REPAV£DI . . _ . .. . . . . . - COMP. . . . . . � � BLDG.i . . . . . . CO P. BL G. „A" o� i �M o I B v I N5+00 I 0 8" ! qP H . P. GAS COOLER "4A" P.I. 5'-00' LT. SITE PLAN APPR�"11�AL I AGAWAM PLANNING BOA P.J. 5'-2 LT. i l i a PLOT PLAN SCALE 1/16"=1'-0" "J � L FLOOD LT. 1 1 S N4+00 / Q (EXIST.) / File No.: 91090011 REFERENCE DRAWINGS REVISIONS DRAWN BY MP DATE4-19-99 PARTIAL PLOT PLAN -- YARD LAYOUT APPROVED BY DRAWING NO. TITLE DRAWING NO. TITLE NO. DATE REMARKS REV. CKD. COR. APP, CHECKED BY DATE TE—C261 SP—A 1—YA—I PLOT PLAN—YARD LAYOUT DRAFTING COORD. DATE STATION NO. 2 61 B P, 1999 CONSTRUCTION DATE; MANAGER TE—C261BP—El—YA-1 H.P. GAS PIPING PLAN—YARD LAYOUT ® H SUPERVISOR DATE OAS FIFELI NE Engineering ou ton� Department DESIGN COORD. DATE DSCIPLINE ENGR. DATE 1615 SUFF'IELD STREET, AGAWAM, MA Tennessee Gas Pipeline Co. an El Paso Energy company PROJECT ENGR. DATE OPER. APPR. DATE TE—C261 BP—Al —YA-2X PROJECT 10:4$7I sCALE_1 8��1'-a' HAMPDEN COUNTY, MASSACHUSTTS X 1 1 1 DENSE W13DD U7 r Ln r I313S 1 � o DENSE o � t � r � � 1 � v,, _ r r x X DENSE WDQDS 1 1 _ - r � J� 0j. r Q , L r ,�� o ,�,� r ... - 0 �� r r .��� � � � r ` , � O low END r�r DENSE WOODS Ln' I 1 1 i CD x ' DENSE ODDS X � � \ SATELLITE I DISH r I x� CONC. A V C PAD STREET LT. 1 N • n (EXIST.) OFFICE U STREET LT. o o (EXIST.) Q ' tE ) Q � m � BLDG. � � 1 ! PLANT 2 W ! ENTRANCE 0 M 0 No ! 1 o SIGN � Z: 1 } C.!) FLOOD LT. FLO LT. E- STREET LT. �1 STREET LT. STREET LT. (EXIST.) (EXI T.) J ` (EXIST STREET LT. I 0 .} (EXIST. ).) v$ I (EXIST.) l iiiiiiiiiiiiiiiiiii�llilc.. -_-� jl�-=,�.,..�.M . . CONTROL„ w y LDG. D coL.O. �., do Y f / POWER POL — INCOMING POWER CABLE(NEW) FLOOD LTSTORA E ,T / E � �. .� .�. _ , ,. , . _. .. _ «._. r..._ TRANSFORMER FUSING DISCONNECT PRIMA TANK FLOOD LT. ! (EXIST.) W o STORAGE AIR W / l � TANK h FLOOD LT EnWORTHINGTON BROOK (NEW) WETLANDS C] ! SWITCHGEA dr L.O. la,l I ' • STORAGE L.OSTARTE� Ll TANK RUNDOWN00 TANK COMP. COM P COMP. BLDG. BLDG. MP�,f BLDG. BLDG. A XNSE WOOD " I STREET LT. C� © (EXIST.) AIR H.P. G WORTHINGTON COOLER !SA- STORAGE CONIC apBROOK TANK ' I _ CONC. PADS Q l I • ❑ FLOOD LT. Li / (EXIST.) / Apo r� r .. _ 1 x � s .rr wrr ter. ..ir � PENT STACKS AND SILENCERS r I 0000 I Q STREET LT. a r r - (EXIST.) r , r � HANGAR C 1 X I 1 I F- ZW PIPELINE ? X DENSE WOODS WAREHOUSE cr Ca DIESEL / LOADING G I 5T4RAGE � STORAGEBUILDING K�X I u I >� / ti-- t I X _ _ _ _ _ -- --_ Oar 110 --_-- Will l f sa LEDBEMR,A. .�N0.31094� A. o ti DENSE WE)ODS f�., a nktf,fe File No.. 91090036 REFERENCE DRAWINGS REVISIONS DRAWN BY MP DATE 4-19-99 PLOT PLAN - YARD LAYOUT APPROVED BY DRAWING NO. TITLE DRAWING NO. TITLE NO. DATE REMARKS REV. CKD. COR. APP. CHECKED BY DATE TE—C261 BP-A1-YA-1 PLOT PLAN-YARD LAYOUT DRAFTING COORD. DATE STATION NO, 261 BP, 1999 CONSTRUCTION CAM TE-C261BP-EI-YA-1 W.R. GAS PIPING PLAN-YARD LAYOUT TM- SUPERVISOR DATE BngWeering Department DESIGN OORD. DATE 1615 SUFFIELD STREET, AGAWAM, MA Tennessee Gas Pipeline Co. Houston, Texas an El PnSO Energy oompY PROJECT ENGR. DATE PROJECT fl 4871 SCALE: 10=60 -0 HAMPDEN COUNTY, MASSACHUSETTS TE-C261 BP—A 1 -�-YA—� 1 X 1 1 DENSEWOOD � � \ DE \ 1 l DENSE I}L1DS' DE D t" r r 1\ _ X 1 _ . DDS l �-- r \ u l P � f WOODS +" l' DENSE W !dom CD LF) !' 1 I � 1 ! 1 X 1 DENSE pOD X � SATELLITE \ l � DISH O CONC. \ I [ I � A/C PAD \ • 5STREET LT. EXISTto Ci ( } STREET LT. `~ BLDG. (EXIST.) O CD �. �.. ti Ul PLANT c� I ENTRANCE No ( I I o SIGN f 1 1 Z oOki .. X W Q C!) FLOOD LT. FLO LT. STREET LT. '�1 STREET T. STREET LT. (EXIST.) (EKI T.) 1 ` � (EXIST,) t ) {EXIST.} STREET LT. O I (EXIST.} - ---� ..., -,C . . CONTROL W ,j LOG. "D" a ' I c~!? L.O. cn TRANSFORMER do PRIMA Y ! INCOMING POWER CABLE(NEW) FLOOD LTSTORA E POWER POLE l FUSING DISCONNECT w1 TANK i rr r f r s w r . • .r— w •'/ � FLOOD LT. r ' AIR / (EXIST.) / Lai 0 ° STORAGE r r W TANK / I IY WORTHINGTON BROOK FLOOD(NEW)LT r o I WETLANDS L.O. SWITCHGEA W I STORAGE L.OSTARTEI / rr TANK RUNDOWN r / � 00 COMP. BLmG LDOMP COMPS BLDG. „0„ B G. D / / I BLDG. A / 8 NSE wnOn STREET LT. © H.P. GAS (EXIST.) AIR o © WORTHINGTON STORAGE COOLER "4ACONC. BROOK TANK PAD / 1 CONC, PADS • Q f FLOOD LT. (EXIST.) / 1 X 1 1 � � ..... r VENT STACKS 1 AND SILENCERS 1 0000 r IF -( STREET LT. J l 1\ Y (EXIST.) ( 1 r I � I SII X — HANGAR CD �� 1 � I Z W I PIPELINE 0- X wDODs I WAREHOUSE C�1 DENSE I w DIESEL LOADING I X I DOCK STORAGE L I STORAGE © I I BUILDING X - �—• . .____fly-�...__..-�-�� 0 \ ` _ _ __ _ _ - - - - X / _._-- _ _ _ _-- -- -- -�_ �- __ ___ — �- -- --- Ott `e WILLIAM 'i� LEDBETTER,3R. - �r DENSE WOODS File No.: 91090036 REFERENCE DRAWINGS REVISIONS DRAWN BY MP DATE 4-19-99 LOT PLAN - YARD LAYOUT APPROVED BY DRAWING NO. TffLE DRAWING NO. TITLE NO. DATE REMARKS REV. CKD. COR. APP, CHECKED 8Y DATE TE—C261BP—AI--YA-1 PLOT PLAN—YARD LAYOUT DRAFTING COORD. DATE STATION NO, 261 BP, 1999 CONSTRUCTION DAM: MAXAM TE—C261RP—El—YA-1 H.P. GAS PIPING PLAN—YARD LAYOUT T� SUPERVISOR DATE hIm g e riM eepartment ©SI �OO DATE 1615 SUFFIELD STREET, AGAWAM, MA Tennessee Gas Pipeline Co. an El Paso Energy oompany PROJECT ENGR, DATE OPER. APPDR.4871 SCALE: 1-=so -� HAMPDEN COUNTY, MASSACHUSETTS TE-C261 BP--AA 1 -YA-- 1 X DENSE \ DENSE �ra�DS 1 � � \ idogs X DENSE WOODS - X l ft r al liffillillill' awl 1 \ X l ! M o . - 0i1 \ CD . MOM NowCD 1' DENSE WOODSmoo 4 CD OOD DENSE g } X � L \ SATELLITE DISH � CONC. \ I I A/C PAD I � STREET LT. 1 / t 1 . EXIST. c9 LJ (EXIST.) STREET LT. t l 1 N BLDG. (EXIST.) ; o CD 1 �. m � 1 PLANT c� w � o ENTRANCE � o J 1 no • . ti X I � {� FLOOD LT. FL LT. w V STREET T. STREET LT. (EXIST.) (EXI .) r �-- STREET LT. '�1 1 O= (EXIST.) T ) (EXIST.) STREET LT. C � (EXIST.) l .. ., .. .._—� . . CONTROL l w ,� LDG. "D" j I- o I ... TRANSFORMER & PRIMA Y TORA E FLOOD LT. POWER POLE ,� .�. _ _. _ _„ „ „ INCOMING POWER CABLE(NEW) FUSING DISCONNECT FLooa LTS W) TANK t� ._ w ..— 00 AIR (EXIST.) f� STORAGE w � f / K f r� TAN (n ROOD LT f / WORTHINGTON BROOK (NEW) n WETLANDS SwITCHGEA1 & STARTE / f • STORAGE L.O. w TANK RUNDOWN N � �A COMP. @apG. BLaGMP COMP BLDG. 'rA BLDG. "�C" /f fff XNSE WOOD cz� i © STREET(EXIST.) AIR f� C00LERGA"A. WORTHINGTON STORAGE ❑ / / BROOK - TANK PAD f _ PAD CONC. PADS , ff Q I /� FLOOD LT. 1 / O (EXIST.) i 1p � JI x ---- -- — i . . VENT STACKS 1 AND SILENCERS 0 000 I [�STREET LT.- I lr (EXIST.) - ! . r ' \ 9 T x (' - " HANGAR J o . I Z Lai 2 a I PIPELINE a. M X DENSE wnODs I WAREHOUSE 5 Q �, I W LOADING I STORAGE L FAX v STORAGE DOCK / 1 � I I 1 I B �,UILDING �`------ x _— _� _ _ _ �-- - ---- --- ---- - �- - -� --- x � OTT WI R law S 1 \ Mo.3I099 j DENSE Wt�t�Ds 1 G 4� F�nhrfe �r�. File No.: 9f d9Q036 REFERENCE DRAWINGS REVISIONS DRAWN BW MP DATE4-19-99 LOT PLAN YARD LAYOUT APPROVED BY DRAWING NO. TITLE DRAWING NO. TITLE NO. DATE REMARKS REV. CKD. COR. APP. CHECKED BY DATE TE-C261 BP—Al-YA-1 PLOT PLAN-YARD LAYOUT DR Nso OORD DATE DATE STATION NO. 261 BP, 1999 CONSTRUCTION DATE: MAI TE-C2619P-El-YA-1 H.P. GAS PIPING PLAN-YARD LAYOUT OASEb�ineerin� Department DESIGN CmoRD. DATE 1615 SUFFIELD STREET AGAWAM MA Tennessee Gas Pipeline Co. E- MPFALM Houston, Texas DISCIPLINE ENGR. DATE an El Paso Energy coMPCR y PROJECT IENGR. DATE PROJECT IDas�1 SCALE:1--60'-o HAMPDEN COUNTY, MASSACHUSMS TE—C261 BP—AI -YA- 1 X �+ O'J F J N �j rt ul j W w J 0 70 SMH#3 Q 8" N7+OD X 5MH4 DRIVEWAY I I 3 I I ! 0 x Y W 60" R.C.P co \ o I W Z J 105 W d L.Q. TANK a FLOOD LIGHT 0 INCOMING POWER CABLE (NEW) i TRANSFORMER & PRIMARY O� FUSING DISCONNECT 5+40'-0" 0 WOR110Vk `O P W E S 5 4J � I X FLOOD LIGHT SWITCHGEAR do (NEW) STARTER AIR STORAGE TANK 0 I N6+00 N6+00'--0" di W LIr 1 W <'o y N5+73'-O-- 3 I E2+40 -0 00CL I 0 I 0 00 0 � 4 CL f a I +50 \ E2+ -0 61,- I s N •� z c (0/0 STL.} Ir -11 _ DRIVEWAY(TO BE REPAVED) . . . 1 J 0-.I COMP. I BLDG. CO P. IBLG. A � „ Bf, 0i N5+00 . . . . . . . . . . Lp 8" I qP H .P. GAS COOLER "4A" P. •-a00 LT. I P.i. '-2 ' LT. I r I II PLOT PLAN a X SCALE 1/16"=1'-O" ' a+ Wltt0 4L �. I018EI`FER.1R. No.31 +� FLOOD LT. N4+00 / O (EXIST.) } / rry Fife No.: 91090011 F¢-%� ,y1 13j REFERENCE DRAWINGS REVISIONS DRAWN BY MP DATE4-19-99 P RTIAL PLOT PLAN — YARD LAYOUT APPROVED BY DRAWING N0. TITLE DRAWING NO. TITLE NO. DATE REMARKS REV. CKD. COR. APP. CHECKED BY DATE TE-C261BP-AI-YA--1 PLOT PLAN-YARD LAYOUT ! DRAFnNG COORD. DATE STATION NO, 261 BP, 1999 CONSTRUCTION DAM M R TE-C261 BP-EI-YA-1 H.P. GAS PIPING PLAN-YARD LAYOUT lei SUPERVISOR OATS Engineering as went DSIIpNICOORD. DATE DATE 1615 SUFFIELD STREET, AGAWAM, MA Tennessee Gas Pipeline Co. I F rp AS Fqpaj Cal El Paso Energy company PROJECT ENGR. DATE OP DATE PROJOJECTT ID ID:4$71 SCAi_E:1S6"=1'-0 HAMPDEN COUNTY MASSACHUSEUS TE—C261 BP—AI —YA-2X + p O1 O + LJ ' Lv tJ W J J '1 o � 0S SMH#3 /� 8" N7+00 X SMH#4 ©RIVEWAY I I a Y sa" R.c.P m O \ r I w z 105 '� L4. TANK FLOOD LIGHT ON, INCOMING POWER CABLE co (NEW) I rr� �. err .fir- �� r► �� � - w www- r^� � �. �.� �w �r -+w.w- �4 �� w —✓ �rr� dwrwr �01 IMINIM, w w r� w w s IIIIIIIIIIIND w w w �� �� am d op wmmm, — 'TRANSFORMER ac PRIMARY FUSING DISCONNECT O� le. 10y l 0WORTH�NG�P � \ N_ 5+40'-0" W E S 5 \ I x FLOOD UGHT SWITCHGEAR ac I (NEW) STARTER AIR STORAGE TANK f N6+00 N6+a0'-0" I al Ld W � o .. L6 �a 1 LJ —�N5+73' 0" — W I W E2♦40' 0"' QO I O I C O L LA- I 0 z +50'-0" E2+ '—OR 61'-6 " f N O (0/0 STL.) M z ` w + in R I _ Ll DRIVEWAY TO BE REPAVED� 1 COMP. A . CO P. BLDG.G. „A" o� BLDG. I I J �� v l B N5+00 � l _ o 1 H .P. GAS COOLER "4A" X P.I. .-00' LT. I i P.I. 5'--3 ' I.T. 1 l 1 a PLOT PLAN >< SCALE 1/16"=V-0" `' + d WILUAM �L LEDBEI'fER.IR. No.31099 \ FLOOD LT. 44+00 i \ 1 (EXIST.) i File No.: 91090011 Fa--%ems i.,755 REFERENCE DRAWINGS RE ISIONS DRAWN BY MP DATE 4-19--99 PARTIAL LOT LAN -- AR LAYOUT APPROVED BY DRAWING NO. TITLE DRAWING NO. TITLE NO. DATE REMARKS REV. CKD. COR. APP. CHECKED BY' DATE TE—C261BP—AI—YA-1 PLOT PLAN—YARD LAYOUT DRAFTING COORD. DATE STATION NO. 261 BP, 1999 CONSTRUCTION GAM MANAMR TE—C261 BP—EI—YA-1 H.P. GAS PIPING PLAN—YARD LAYOUT TM SUPERVISOR DATE Engineering Department DESIGN COORD. DATE 1 615 SUFFIELD STREET, AGAWAM, MA Tennessee Gas Pipeline Co. Houston, Texas DISCIPLINE ENGR. DATE an El Paso Energy compatly PROJECT ENGR. DATE PROJECT I'D.4871 SCALE: 16-=1'-0 HAMPDEN COUNTY, MASSACHUSETTS TE--C261 BP-Al -YA-2X O O p + ♦ + + + ' W � w LLAJ o j j 1 � � SMH#3 C0 B" N7+00 X SMH4 DRIVEWAY I I 3 O 1 JL JY rn ]C W 60„ R.C.P ` m H W Z J a_ 105 FLOOD LIGHT LO. TANK O INCOMING POWER CABLE ao (NEW) I �w� r w. rrrr w.w� �wr► —rs r �A s �/ � rrr� i i �� i � � � � � � �� i name � "M7 III, 'TRANSFORMER & PRIMARY FUSING DISCONNECT O O WO P., XAIG P � \ N +40'-(�" W E T S S � I X FLOOD LIGHT SWITCHGEAR &I (NEW) STARTER AIR STORAGE TANK I ( N6+00 N6+00'-O" QI W W \ � <?p o >' N5+73'-O" La 3 I E24 0'::� a o y- +A \ %0 o LL. z V3 m +sue E2+ —0 r N z I{0/0 STL) to W + J FF-r I W DRIVEWAY TO BE REPAVEDI .. I COMP. CO P. BLDG. „A�, o� „BLDG I �M 0 B i N5+00 . . . . 1 8" I \ H .P. GAS COOLER 994A" 5•-00' I 1 P.I. 5"-2 ' LT. I I \ PLOT P LA N a �+ �/ SCALE 1/1 q"=1'—V" /� wILtM �G o� ft. 1 v L frEDOME FLOOD LT. ' 1 S �• � � N4+00 \ 0 (EXIST.) No.31099 / \ File No.: 91090011 S,4 i3 REFERENCE DRAWINGS R 1SIONS DRAWN BY MP DATE4-19-99 PARTIAL PLOT PLAN — YARD LAYOU APPROVED BY DRAWING NO. TITLE DRAWING NO. TITLE NO. DATE REMARKS REV. CKD. COR. APP. CHECKED BY DATE TE—C261BP-AI-YA-1 PLOT PLAN-YARD LAYOUT DRAFTING COORD. DATE STATION NO, 261 BP, 1999 CONSTRUCTION DAM TE-C2fi113P-E1-YA-1 H.P. GAS PIPING PLAN-YARD LAYOUT ' SUPERVISOR DATE &&eering Department DESIGN COORD. DATE 1615 SUFFIELD STREET, AGAWAM, MA Tennessee Gas Pipeline Co. Houston, Texas DISCIPLINE ENGR. DATE an El Pass Energy company PROJECT ENGR. DATE OPER PRO`IECAP D 4871 SCALE:1 ,6-�,i-o HAMPDEN COUNTY, MASSACHUSETTS TE--C26 BP--A --YA—'2K