8070_ZONING AMENDMENT-PARKING-LOADING PERMIT # wo�o U U
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LEGAL NOTICE ��d7o YLEGAL NOTICE
TOWN OF AGAWAM
AGAWAM PLANNING BOARD
The Agawam Planning Board will hold a public
hearing on Thursday, January 20, 2000 at 7:30 PM
at the Faolln Peirce Communfty Room, Agawam
Police Station, 681 Springfield Street, Feeding
Hills, MA. The purpose of this hearing will belto
hear the petition of the Agawam Planning Board,
for a proposed amendment to the Aggaw8F66Z6nin1i
Ordinance,'Section 180=142;4entitled"Speclai Per•
fmitafar parking-or Loading Requirement Redd
• tlon."A copy of the proposed zoning amendment
can be obtained from the Agawam Planning.Gfi
flee:or the A swam Town Clerk's Office betweenn
thi-hours of 1:30 AM and 4:30 PM in the Agawam
Sawn Hall, 38 Main Street, Agawam, A.
�f N"t3OEA OF,Charles R. Calabrese, Chairman
Agawam Planning Board
Pubilshed:,Janusry 8,2000
LEGAL NOTICE: LEGAL NOTICE
TOWN OF AGAWAM
AGAWAM PLANNING BOARD
The Agawam Planning Board will hold s public
hearing on Thursday, January 20, 2000 at 7:30 PM
at the Faolln Peirce Community Room, Agawam
Police Station, 881 Springfield Street, Feeding
Hills, MA. The purpose of this hearing will be to
hear the petition of the Agawam Planning Board
for a proposed amendment to the Agawam Zoning
Ordinance, Section 1180.112,entitled"Special Per.
mit for Parking or Loading Requirement Reduc.
tion." A copy of the proposed zoning amendment
can be obtained from the Agawam Planning Of.
flee or the Agawam Town Clerk's Office between
the hours of 8:30 AM'and 4:30 PM in the Agawam
Town Hall, 38 Main Street, Agawam, MA.
BY ORDER OF Charles R. Calabrese, Chairman
Agawam Planning Hoard
Published: January G, 2000
L10 (Ou_� n z/00
C� P TOR-2000-1 as proposed to be amended
AN ORDINAN45E TO AMEND THE CODE OF THE TOWN OF AGAWAM
BY AMENDING CHAPTER 180- 44H
GfpPECIAL PERMIT FOR PARKING OR LOADING REQUIREMENT
Y REDUCTION
WHEREAS, the Town of Agawam under the authority granted by M.G.L.
Chapter 40A Section I through 22 inclusive, enacted the Agawam Zoning Ordinance for
the purpose of promoting health, safety, convenience and welfare of its inhabitants; and
WHEREAS, the Town of Agawam Zoning Ordinance presently contains certain
specific provision for parking and loading; and
WHEREAS, it is not the intent of the proposed amendment to generally relax
parking and loading requirements, but to allow the Board of Appeals in certain situations
to lessen the number of constructed parking spaces, while at the same time, designing and
reserving adequate landscaped open space to be used in the future if the need arises; and
WHEREAS, the proposed ordinance amendment is in the best interest of the
Town of Agawam;
NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE
AGAWAM TOWN COUNCIL AS FOLLOWS:
Amend the Agawam Zoning Ordinance, Chapter 180 by adding the following
language to Section 44H
CHAPTER 180-44h SPECIAL PERMIT FOR PARKING OR LOADING
REQUIREMENT REDUCTION
The parking or Ioading requirements set forth in this Section may be reduced as
part of the Special Permit by the Board of Appeals if the Board of Appeals finds that the
reduction is not inconsistent with the requirements of the Zoning By-laws of the Town of
Agawam.
If a reduction is allowed, a reserve area, to be maintained indefinitely as landscaped
open space must be required sufficient to adequately accommodate the difference between
the parking spaces required (i.e., the sum of the parking spaces required for the separate
used individually) and the parking spaces provided. The parking/site plan shall show (in
dotted outline) the reserve area laid out in full compliance with any parking or loading
requirements as set forth in said Chapter 180, including the required number of spaces. In
no event shall the Board of Appeals reduce the parking or loading requirement below 30
spaces.
Dated this 10TH day of MARCH 2000
PER ORDER OF THE AGAWAM TOWN COUNCIL
Robert A. Mag vem, President
APP AS TO FORM AND LEGALITY
mas e, Solicitor
r
MAYORAL ACDON
Received this N/A day of 2000 from Town Council Clerk.
(SIGNED BY COUNCIL PRESIDENT MARCH 10, 2000)
APPROVAL OF LEOSLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby approve the passage of the above legislation on this . 13TH day of
MARCH 2O00.
G
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby veto the passage of the above legislation on this day of
2000 for the following reason(s):
Richard A. Cohen, Mayor
Returned to Council Clerk this 13TH day of MARcH , 2000.
3-08-2000 a: 1 3PM FROM THE SUPER MARKET A 13 730 666 P. 2
i
OVft A31�q
Q 9 TOWN OF AGA'WAM
36 MAIN STREET AGAWAM, MASSACHUSETTS 01001
y� Tel. 413-786-0400
��ATED MP
A (-, A A ;%t HiSTORICA1, COMMISSION
8 Nlarch 2000
�1r. Robert Magovcrn, presideni
Agawam Town Council
Town of Agawam
36 :','lain Street
Agawam, Ala.s.5achusctts 01001
Dear President l igovcrn and members of the Town Council:
LDn behalf of the Agawam Historical Commission, I urge you to vote in favor of TOR-2000-1
An Orclirtance to add Sec. 180-112 to the Zoning Code of the Town of Agawam Relative to Sp4:cial
Permit for Parking or Loading Requirement. Reduction,
As evidenced rcccnrly tivith,(ohn Salerria's plans for a Dunkin' Donuts :it the corner of Silver anal Suffield
Streets, grc.atc:r tlexibility is called for regarding parking recluircrric:nts,cspccially vAieri historic structures
are involvcd. Given the. choice between calving an historic structure: or denlanding ;additional blacktop,
most would choose. the f(,rmer. TOR-2000-1 allOWS 111c 1Ow11 thL flexibilitV to acllicrc: just that.
The residents of this to%,,•n have repeatedly voiced their supporr for the prescrvatiun of Agawam's historic
resourck:s. The unanimous decisions of the Planning Beard and'l'own Council to support the Demolition
Delay (Ordinance also dernonstrate the importance of saving this town's historic structures.
If the proposed ordinance before you can help nave just one building, it is worth consideration. Does this
town really need :none parking spaces% Especially at the cost of losing another historic structure
Again, an behalf of the Agawam Historical Commission, I urge you to vote in favor of TOR-2000-1
An Ordinance to add Sec:. 180-112 to the Zoning Code of the Town c» Agawam Relative to Special
Permit for Parking or Loading Requirement Reduction.
Thank you for thc: opportunity to comment on this matter_
Respectfully submitted,
L�;tvtd"Cecchi
chairman,Agawam Historical Association
413 730 GG99
3-08-2000 A= 13PM FRWHE SUPER MARKET 413 730 GGO P. 1
7HE SUPER MARKET / TSM DESIGN f a c s i m h e
THEs 253 RID43C S REET IrG
293 BRIDGE STREET
SPRINGFIEkD, MASS, 01103-1402
TEL 413 731 7600
FAX 413 730 6699
DATE 8 March 7.000
TIME 2:58 pm
PAGES 2
TO Debbie Dachos/Office of Planning and Community Development
FROM David Cecchi
SUBJECT Parking Ordinance
MESSAGE
_rb, c "c Its 1'
Town of A*gawam
o
36 Main Street - Agawam, Massachusetts 01001-1837
irlE0 Tel.. 413-786-0400 Fax 413-786-9927
Agawam Planning Board
January 21, 2000
Agawam Town Council
36 Main Street
Agawam, MA 01001
Robert A. Magovern, President
Robert M. Young, Vice President
George Bitzas, Councilor
Anthony C. Bonavita, Councilor
Gina M. Letellier, Councilor
Joseph Mineo, Councilor.
Richard C. Morassi, Councilor
Dennis Perry, Councilor .
Robert Bob Rossi, Councilor
Kent Servis, Councilor
Jill Simpson, Councilor
Dear Councilors:
At its duly called meeting held on January 20, 2000, the Agawam Planning Board voted unanimously
to send a positive recommendation to the Agawam Town Council to support the proposed Zoning
Amendment entitled"Special Permit for Parking or Loading Requirement Reduction'. The proposed
amendment would empower the Planning Board, in certain situations, to reduce by Special Permit,
the parking requirement set forth in the Zoning Ordinance. Examples of when such reductions may
be considered are contained within the proposed amendment. They include:
a. Use of a common parking lot for separate uses having peak demand at different times;
b. Age or other characteristics of occupants of the facility requiring parking reduces auto
usage-,
C. Peculiarities of the use which make measures of demand invalid.
If the Board were to find one of the cases to apply or other similar cases, it would be able, after a
public hearing, to reduce the number of spaces specified in the Zoning Ordinance for a specific use.
The caveat would be that a reserve area would be laid out in full compliance with the required number
of spaces which could be used if the need arose.
-During recent years there have been a number of occasions when the granting of a reduction in
parking spaces would result in better projects. One such example was the-proposal to build a Dunkin'
Donuts at the corner of Silver and Suffield Streets. In order to meet the parking requirements for
Drive-thru Restaurants an historic building must be relocated or demolished. Using the proposed
amendment, the Planning Board may have been able to reduce the number of spaces constructed with
the Special Permit requirement. Then, if the spaces were necessary in the future, the historic
structure would have to be moved or demolished. In seeking the reduction in parking spaces,
Dunkin' Donuts would be required to supply evidence that their restaurants do not generate enough
customers to warrant the provision of fifty (50) parking spaces.
The Planning Board has reviewed Site Plans for over fifteen (15)years. In the mid-1980's the Board
adopted Parking Guidelines. The Guidelines identify most land uses (i.e., retail, office,
manufacturing) and the number of spaces recommended or formulas which can be followed when
calculating the number of required spaces. The Board will entertain the provision of the fewer spaces
when the applicant can show that such a reduction is warranted. The Board's experience with
parking requirements would make them the ideal entity for acting as the Special Permit Granting
Authority for this amendment.
Finally, the Board wishes to respond to a memo received from the Engineering Department dated
January b, 2000 and.also attached. The Board supports the Engineering Department's request that
the drainage design for the site include provisions for handling the potential runoff from the reserve
parking area, however the Board does not support the construction of the additional capacity until
the reserve parking area is developed.
If you have any questions prior to your public hearing on this matter, please do not hesitate to contact
the Planning Office at 786-0400, extension 283.
Sincerely,
Charles R. Calabrese, Chairman
Agawam Planning Board
cc: Mayor
Clerk
Engineering
Building
TowN OF AGAWAM
0
INTEROFFICE a'
MEMORANDUM . . 0�a
r
Tb: Planning Board
CC: File
From: Engineering
Date: January 6, 2000
Subject: Proposed Zoning Amendment - Parking/Loading Requirements
Per your request dated December 20, 1999, we have reviewed the above referenced zoning
amendment and we-are in favor of the proposed amendment. Eliminating excess impervious
area will both decrease the amount of proposed runoff from the site and improve the aesthetics
of the site. We recommend that the drainage design for the site include provisions for handling
the potential runoff from the reserve parking area.
If you have any questions, please do not hesitate to contact our division.
Sincerely,
Jennifer T. Grabowski awes T. Daley, P.E.
Civil Engineer 11 Town Engineer
�.4
h:le4gineerlplannigglmriam6.wpd "'
TOR-2000-1
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM
BY ADDING CHAPTER 180 - 112,
A SPECIAL PERMIT FOR PARKING OR LOADING REQUIREMENT REDUCTION
WHEREAS, the Town of Agawam under the authority granted by M.G.L. Chapter 40A
Section i through 22 inclusive, enacted the Agawam Zoning Ordinance for the purpose of
promoting health, safety, convenience and welfare of its inhabitants; and
WHEREAS,the Town of Agawam Zoning Ordinance presently contains certain specific
provision for parking and loading; and
WHEREAS, it is not the intent of the proposed amendment to generally relax parking and
loading requirements, but to allow the Planning Board in certain situations, when specific criteria
have been met, to lessen the number of constructed parking spaces, while at the same time,
designing and reserving adequate landscaped open space to be used in the future if the need
arises; and
WHEREAS, the proposed ordinance amendment is in the best interest of the Town of
Agawam;
NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM
TOWN COUNCIL AS FOLLOWS:
Amend the Agawam Zoning Ordinance, Chapter 180 by adding Section 112.
CHAPTER 180-112 SPECIAL PERMIT FOR PARKING OR LOADING
REQUIREMENT REDUCTION
Any parking or loading requirement set forth in Chapter 180 of the Code of the Town of Agawam
may be reduced upon the issuance of a Special Permit by the Planning Board if the Board finds
that the reduction is not inconsistent with the public health and safety, or that the reduction
promotes a public benefit. Such cases may include, but are not limited to:
a. Use of a common parking lot for separate uses having peak demands at different times;
b. Age or other characteristics of occupants of the facility requiring parking which reduces
auto usage;
C. Peculiarities of the use which make usual measures of demand inapplicable;
A reserve area, to be maintained indefinitely as landscaped open space, may be required sufficient
to adequately accommodate the difference between the parking spaces required (i.e., the sum of
l
the parking spaces required for the separate uses individually) and the parking spaces provided.
The parking/site plan shall show (in dotted outline) the reserve area laid out in full compliance
with any parking or loading requirements as set forth in said Chapter 180, including the required
number of spaces.
Dated this day of , 2000.
PER ORDER OF THE AGAWAM TOWN COUNCIL
Robert A. Magovern, President
APPROVED AS TO FORM AND LEGALITY
Thomas S. Locke, Solicitor
TOR-2000-1
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM
BY ADDING CHAPTER 180 - 112,
A SPECIALPERMIT FOR PARKING OR LOADING REQUIREMENT REDUCTION
WHEREAS, the Town of Agawam under the authority granted by M.G.L. Chapter 40A
Section 1 through 22 inclusive, enacted the Agawam Zoning Ordinance for the purpose of
promoting health, safety, convenience and welfare of its inhabitants; and
WHEREAS,the Town of Agawam Zoning Ordinance presently contains certain specific
provision for parking and loading; and
WHEREAS, it is not the intent of the proposed amendment to generally relax parking and
loading requirements, but to allow the Planning Board in certain situations, when specific criteria
have been met, to lessen the number of constructed parking spaces, while at the same time,
designing and reserving adequate landscaped open space to be used in the future if the need
arises; and
WHEREAS, the proposed ordinance amendment is in the best interest of the Town of
Agawam;
NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM
TOWN COUNCIL AS FOLLOWS:
Amend the Agawam Zoning Ordinance, Chapter 180 by adding Section 112.
CHAPTER 180-112 SPECIAL PERMIT FOR PARKING OR LOADING
REQUIREMENT REDUCTION
Any parking or loading requirement set forth in Chapter 180 of the Code of the Town of Agawam
may be reduced upon the issuance of a Special Permit by the Planning Board if the Board finds
that the reduction is not inconsistent with the public health and safety, or that the reduction
promotes a public benefit, such cases might include:
a. Use of a common parking lot for separate uses having peak demands at different times;
b. Age or other characteristics of occupants of the facility requiring parking which reduces
auto usage;
C. Peculiarities of the use which make usual measures of demand invalid,
A reserve area, to be maintained indefinitely as landscaped open space may be required sufficient
to accommodate the difference between the spaces required (i.e., the sum of the spaces required
{ 0
for the separate uses individually} and the spaces provided. The parking/site plan shall show (in
dotted outline) how the reserve area would be laid out in-full compliance with the required
number of spaces.
Dated this day of _ , 2000.
PER ORDER OF THE AGAWAM TOWN COUNCIL
Robert A. Magovern, President
APPROVED AS TO FORM AND LEGALITY
Thomas S. Locke, Solicitor
Town of Alawam
o
36 Main Street - Agawam, Massachusetts 01001-1837
-IN Tel.. 413-786-0400 Fax 413-786-9927
Agawam Planning Board
January 21, 2000
Agawam Town Council
36 Main Street
Agawam, MA 01001
Robert A. Magovern, President
Robert M. Young, Vice President
0
George Bitzas, Councilor o = `
c� =c
Anthony C. Bonavita, Councilor
Gina M. Letellier, Councilor ,
Joseph Mineo, Councilor --
_r
Richard C. Morassi, Councilor �o
Dennis Perry, Councilor
W C�
Robert Bob Rossi, Councilor
Kent Servis, Councilor
Jill Simpson, Councilor
Dear Councilors:
At its duly called meeting held on January 20, 2000, the Agawam Planning Board voted unanimously
to send a positive recommendation to the Agawam Town Council to support the proposed Zoning
Amendment entitled"Special Permit for Parking or Loading Requirement Reduction". The proposed
amendment would empower the Planning Board, in certain situations, to reduce by Special Permit,
the parking requirement set forth in the Zoning Ordinance. Examples of when such reductions may
be considered are contained within the proposed amendment. They include:
a. Use of a common parking lot for separate uses having peak demand at different times;
b. Age or other characteristics of occupants of the facility requiring parking reduces auto
usage;
C. Peculiarities of the use which make measures of demand invalid.
If the Board were to find one of the cases to apply or other similar cases, it would be able, after a
public hearing, to reduce the number of spaces specified in the Zoning Ordinance for a specific use.
The caveat would be that a reserve area would be laid out in full compliance with the required number
of spaces which could be used if the need arose.
During recent years there have been a number of occasions when the granting of a reduction in
parking spaces would result in better projects. One such example was the-proposal to build a Dunkin'
Donuts at the corner of Silver and Suffield Streets. In order to meet the parking requirements for
Drive-thru Restaurants an historic building must be relocated or demolished. Using the proposed
amendment, the Planning Board may have been able to reduce the number of spaces constructed with
the Special Permit requirement. Then, if the spaces were necessary in the future, the historic
structure would have to be moved or demolished. In seeking the reduction in parking spaces,
Dunkin' Donuts would be required to supply evidence that their restaurants do not generate enough
customers to warrant the provision of fifty(50) parking spaces.
The Planning Board has reviewed Site Plans for over fifteen (15)years. In the mid-1980's the Board
adopted Parking Guidelines. The Guidelines identify most land uses (i.e., retail, office,
manufacturing) and the number of spaces recommended or formulas which can be followed when
calculating the number of required spaces. The Board will entertain the provision of the fewer spaces
when the applicant can show that such a reduction is warranted. The Board's experience with
parking requirements would make them the ideal entity for acting as the Special Permit Granting
Authority for this amendment.
Finally, the Board wishes to respond to a memo received from the Engineering Department dated
January 6, 2000 and.also attached. The Board supports the Engineering Department's request that
the drainage design for the site include provisions for handling the potential runoff from the reserve
parking area, however the Board does not support the construction of the additional capacity until
the reserve parking area is developed.
If you have any questions prior to your public hearing on this matter, please do not hesitate to contact
the Planning Office at 786-0400, extension 283.
Sincerely,
Charles R. Calabrese, Chairman
Agawam Planning Board
cc: Mayor
Clerk
Engineering
Building
0 0
TOWN OF AGAWAM
INTEROFFICE
s
MEMORANDUM O Mpy
To: Planning Board
CC: File
From: Engineering
Date: January 6, 2000
Subject: Proposed Zoning Amendment - Parking/Loading Requirements
Per your request dated December 20, 1999, we have reviewed the above referenced zoning
amendment and we are in favor of the proposed amendment. Eliminating excess impervious
area will both decrease the amount of proposed runoff from the site and improve the aesthetics
of the site. We recommend that the drainage design for the site include provisions for handling
the potential runoff from the reserve parking area.
If you have any questions, please do not hesitate to contact our division.
Sincerely,
�ff
Jennifer T. Grabowski /a/mes T. Daley, P.E.Civil Engineer H wn Engineer
;i
S
hAeFt&eer%p1anninglza=6.wpd �` W.3 �'
MEMO
To: Planning Board
From: Sergeant Donald Gallerani
Subject: Proposed Zoning Amendment-Parking/Loading Requirements
Date: January 5, 2000
I have no problem with this proposed amendment as long as it has no impact on traffic or
pedestrian safety. Also, as long as the Town ordinance on handicapped parking is adhered to.
TOWN OF AGAWAM
PLANNING BOARD
The Agawam Planning Board will hold a public hearing on Thursday, January 20, 2000 at 7:30
PM at the Faolin Peirce Community Room, Agawam Police Station, 681 Springfield Street,
Feeding Hills, MA. The purpose of this hearing will be to hear the petition of the Agawam
Planning Board for a proposed amendment to the Agawam Zoning Ordinance, Section 180-112,
entitled "Special Permit for Parking or Loading Requirement Reduction" A copy of the proposed
zoning amendment can be obtained from the Agawam Planning Office or the Agawam Town
Clerk's Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main
Street, Agawam, MA.
BY ORDER OF:
Charles R. Calabrese, Chairman
Agawam Planning Board
Ad to be run 1/6/00 & 1/13/00.
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Town of Agawam
' 36 Main Street Agawam, Massachusetts 01001-1837
Tel.. 413-786-0400 Fax 413-786-9927
MEMO
TO: Building Inspector
Fire Department
Safety Officer
Engineering Department
Board of Health
School Committee
Conservation Commission
FROM: Planning Board
DATE: December 20, 1999
SUBJECT: Proposed Zoning Amendment - Parking/Loading Requirements
Attached is a proposed Zoning Amendment regarding parking/loading requirements. The
Planning Board is the petitioner for this proposal and will be holding a public hearing on
Thursday, January 20, 2000. Please submit any comments you may have prior to the hearing.
Thank you.
Charles R. Calabrese, Chairman
AGAWAM PLANNING BOARD
CRC/DSD:prk
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
r
Mpy� Tel. 413-786-0400 Fax 413-786-9927
MEMO
TO: GEORGE BITZAS, CHAIRMAN
TOWN COUNCIL ORDINANCE COMMTTTEE
FROM: DEBORAH S. DACHOS, DIRECTOR
OFFICE OF PLAINNING AND COMMUNITY DEVELOPMENT
SUBJECT: TOR-99-8/SPECIAL PERMIT FOR PARKING OR LOADNG
REQUIREMENT REDUCTION
DATE: DECEMBER 16, 1999
It has come to my attention that the above-referenced item is on the Town Council agenda for
Monday, December 20, 1999. Upon researching the file, I have determined that the statutory
procedure for enacting a zoning amendment has not been followed. The Planning Board submitted
the proposed amendment to the Town Council on November 15, 1999, Under Chapter 40A, the
Zoning Act, the Town Council was required to return the proposed amendment within fourteen (14)
days to the Planning Board so that it could schedule and hold its public hearing. The amendment was
never sent back to the Planning Board. I have spoken to the Town Solicitor and he has informed me
that the process should be reinitiated. We have resubmitted the amendment to the Town Council
Clerk who will return it to the Planning Board within fourteen (14) days. I have contacted the
Council President who will be removing TOR-99-8 from the December 20`h agenda.
If you have any questions, please feel free to contact me. A copy of"The Process of Adopting a
Zoning Proposal" is attached for your information.
w
cc: President, Town Council
Mayor
File
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
M E M O
TO: GEORGE BITZAS, CHAIRMAN
TOWN COUNCIL ORDINANCE COMMITTEE
FROM: DEBORAH S. DACHOS, DIRECTOR
OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT
SUBJECT: TOR-99-8/SPECIAL PERMIT FOR PARKING OR LOADING
REQUIREMENT REDUCTION
DATE: DECEMBER 15, 1999
On November 4, 1999, the Planning Board voted to be the petitioner for a proposed Zoning
Amendment regarding parking and loading. The proposed amendment would empower the Planning
Board, in certain situations, to reduce by Special Permit, the parking requirements set forth in the
Zoning Ordinance. Examples of when such reductions may be considered are contained within the
attached proposed amendment. They include:
a. Use of a common parking lot for separate uses having peak demand at different times;
b. Age or other characteristics of occupants of the facility requiring parking reduces auto
usage;
C. Peculiarities of the use which make measures of demand invalid.
If the Board were to find one of the cases to apply or other similar cases, it would be able, after a
public hearing, to reduce the number of spaces specified in the Zoning Ordinance for a specific use.
The caveat would be that a reserve area would be laid out in full compliance with the required
number of spaces which could be used if the need arose.
During recent years there have been a number of occasions when the granting of a reduction in
parking spaces would result in better projects. One such example was the proposal to build a Dunkin'
Donuts at the corner of Silver and Suffield Streets. In order to meet the parking requirement for
Drive-thru Restaurants an historic building must be relocated or demolished. Using the proposed
amendment, the Planning Board may have been able to reduce the number of spaces constructed with
the Special Permit requirement then, if the spaces were necessary in the future, the historic structure
would have to be moved or demolished. In seeking the reduction in parking spaces, Dunkin' Donuts
would be requirement to supply evidence that their restaurants do not generate enough customers to
warrant the provision of fifty (50) parking spaces.
The Planning Board has reviewed Site Plans for over fifteen (15) years. In the mid-1980's the Board
adopted Parking Guidelines. The Guidelines identify most land uses (i.e., retail, office,
manufacturing) and the number of parking spaces recommended or formulas which should be
followed when calculating the number of required spaces. The Board will entertain the provision of
fewer spaces when the applicant can show that such a reduction is warranted. The Board's
experience with parking requirements would make them the ideal entity for acting as the Special
Permit Granting Authority for this amendment.
I am unable to attend your meeting on December 17 h, but would be happy to provide more
information or answer questions before or after the meeting.
Sincerely,
Deborah S. Dachos, Director
Office of Planning and Community Development
A -'AWAM CITY @OUNCIL
36 MAIN STREET
AGAWAM, MASSACHUSETTS 01001
y�
o��AATEO MPy`
December 10, 1999
THERE WILL BE A MEETING OF THE ORDINANCE COMMITTEE ON
PRESIDENT FRIDAY, DECEMBER 17, 1999 AT 7:00 P.M. IN THE PIERCE
Donald r1J. Rheault
COMMUNITY ROOM AT THE AGAWAM POLICE STATION. ITEM OF
VICE PRESIDENT AGENDA: TOR-99-8-ORDINANCE TO ADD SEC. 180-112 SPECIAL
Robert A. Afagovern PERMIT FOR PARKING OR LOADING REQUIREMENT REDUCTION.
COUNCILORS
George Bitzas
Edward A. Caba
Gary F. Geiger
Gina M Letellier G e� �� '�2co�o
John J. Negrucci George BitzaS, Chairman /
Dennis J. Perry
Jill P. Simpson
Nancy E. Thompson
Robert M Young cc: Committee Members
Edward Caba
COUNCIL CLERK Robert Magovern
Ursula Retzler
Council Members
Councilors Elect
Mayor
City Solicitor /
Deborah Dachos ✓
Bulletin Board
File
TELEPHONE
(413) 786-0400 Ext. 233
FAX
(413) 786-9927
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
MP Tel. 413-786-0400 Fax 413-786-9927
Agawam Planning Board
November 15, 1999
Agawam Town Council w
36 Main Street
Agawam, MA 01001
Donald M. Rheault, President c�
Robert A. Magovern, Vice President
George Bitzas, Councilor N
Edward A. Caba, Councilor
Gary F. Geiger, Councilor
Gina M. Letellier, Councilor
John J. Negrucci, Councilor
Dennis J. Perry, Councilor
Jill Simpson, Councilor
Nancy E. Thompson, Councilor
Robert M. Young, Councilor
Dear Councilors:
The Agawam Planning Board submits for your action the following proposed zoning amendment
regarding parking. During recent years there have been a couple of occasions when providing the
required number of parking spaces under the zoning ordinance for Drive-Thru restaurants has
resulted in the development of a site in less than the utopian manner. For example, a recent proposal
to build a Dunkin' Donuts at the corner of Silver and Suffield Streets will result in the demolition of
two historic structures. The Zoning Ordinance mandates that 50 parking spaces be provided for such
a use. The Board firmly supports the continued requirement for 50 parking spaces. However, in this
instance, the Town might allow one of the structures (the blue house) to remain with the
understanding that if the parking is needed, the house would have to be removed. The new Pride
Convenience Store at the corner of Springfield Street and North Westfield Street could also have
been designed in a more aesthetic manner if some additional green space was provided on the site.
If the attached amendment was in place, the Planning Board could decrease the number of spaces
with the condition on a Special Permit that the spaces be constructed if they were warranted in the
future.
• 0
The Planning Board is of the opinion that the proposed Zoning Amendment will give the Town
greater flexibility in designing attractive sites, while at the same time, protecting the safety of
Agawam residents. if you have any questions, please contact the Planning Office.
Sincerely,
aj-A-4--� e '
Charles R. Calabrese, Chairman
Agawam Planning Board
G:
Ea
i •
s�
-J
Section 180 - 112 SPECIAL PERMIT FOR PARKING OR LOADING
REQUIREMENT REDUCTION
Any parking or loading requirement set forth in Chapter 180 of the Code of the Town of Agawam
may be reduced upon the issuance of a special permit by the Planning Board if the Board finds
that the reduction is not inconsistent with the public health and safety, or that the reduction
promotes a public benefit, such cases might include:
a. Use of a common parking lot for separate uses having peak demands at different times;
b. Age or other characteristics of occupants of the facility requiring parking which reduces
auto usage;
C. Peculiarities of the use which make usual measures of demand invalid;
A reserve area, to be maintained indefinitely as landscaped open space may be required sufficient
to accommodate the difference between the spaces required (i.e., the sum of the spaces required
for the separate uses individually) and the spaces provided. The parking/site plan shall show (in
dotted outline) how the reserve area would be laid out in full compliance with the required
number of spaces.
-99 0=3 : 03P Attorney Thomas S . Locke 413- 789- 7157 R . 02
H ISO - 112 . SPECIAL PERMIT FOR PARKING OR LOADI14G
REQUIREMENT REDUCTION
Any parking . W 10"di ng reguifement set forth in lvhap ie, 18::
l the Code of the Town of Agawam may be .-educed upon Lte
issuance of a aoecia l hermit by the Planning Board if nh
board tindG nhaC the seduction is not innonsistent with ;&!
public health and safety, or that the reduction promotts a
publ iC benetir .. Such Lases might include :
;t . !Ise OL y Ct�r1mC?Z par�G111G lot for separate uses ha`�' !:•_a
peak damands occurring at different times ;
rice or ocher characteristics of occupants of the
acili y r_.quir-ng parking which reduces auto ?.1Cago ;
C . Peculiarities o,= this use which make usual measufew of
remand invalid .
A reserve area , to We maintained indefinitely as lands-_ape(i
:,:-,en space may e zequired sufficient to accommodate tip
di.flerence VaLween the spac_s required. Me . the .um of _h_.
acas ._equi_ . d for _he separate uses individually) and nht:'-
Spaces p-,. : Aed . The parking/site plan shall snow ( in
danced d outline) how the reserve e area would be laid out i
E A11 : omp i,ance wink ch= required number of spaces .
5085437936
0b/Ib/1.999 12: 35 5085437c* BOBROWSKI PAGE 01
MARK 1301BROWSKI
A17OR NEY AT LAW
P.O. BOX 377
FOXBOROUGH. MA 02035
(617)512-8246
(508) 543-7936 F'ncsimile
THTi I'S A TELECOPIER COVER LETTER. PLEASE FORWARD THE FOLLOWING
DOCUMENT TO THE PERSON INDICATED BELOW. THANK YOU .
DATE:
TO:
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FES7A(iE:
THERE ARE PAGES, INCLUDING 'PHIS COVER LETTER.
TF THEME ARE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL THE
TELEPHONE NUMBER LISTED ABOVE.
TOWN OF AGAWAM
36 MAIN STREET AGAWAII, M:ISSACHL`SETTS 01001
. Tel. 410-7 WO400
MEMO
TO: THOMAS S. LOCKE, TOWN SOLICITOR
FROM: DEBORAH S. DACHOS, DIRECTOR
OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT
SUBJECT: PROPOSED ZONING AMENDMENT/WAIVER OF PARKING
REQUIREMENTS
DATE: JUNE 23, 1999
l do not know if you are aware that there are a number of requests before the Board of Appeals for
variances from parking requirement (esp. the SO space requirement for drive-thru restaurants). In
most cases,the requirement should be met. However, there are rare instances when it would be nice
to have some flexibility. I have discussed this matter with Mark Borbowski, the attorney we hire to
recodify the Zoning Ordinance. He proposed the attached as a possible way of dealing with waiving
parking requirements without the need for a variance. I have the support of a couple of Planning
Board members to move forward with this proposal. I have also submitted it to Nick who has spoken
to Attorney Borbowski and has no immediate problems. Could you review the proposed amendment,
identify the most appropriate place for it to be located and draft it into legal form? The only change
we would like to make, and this was recommended by Attorney Borbowski, is that the Special Permit
be issued by the Planning Board. If you have any questions, please give me a call.
E36i16i199a 1 36 5085437936 BOBROWD/I P4GB 02
3113 , Any parking or loading requirement set forth herein
may be reduced upon the issuance of a special permit by the
Board of Appeals if the Board finds that the reduction is
not inconsistent with public health and safety, or that the
reduction promotes a public benefit. Such cases might
include:
a . Use of a common parking lot for separate uses having peak
demands occurring at -different times;
h_ Age or other characteristics of occupants of the facility
requiring pax-king which reduces auto usage;
c . Peculiarities of the use which make usual measures of
demand invalid .
A reserve area, to be maintained indefinitely as landscaped
open space may be required sufficient to accommodate the
difference between the spaces required ( i . e . the sum of the
spaces required for the separate uses individually ) and the
spaces provided. The parking/site plan shall show ( in
dotted outline) how the reserve area would be laid out in
full compliance with the required number of spaces .
TOR-2000-1 as proposed to be amended
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM
BY AMENDING CHAPTER 180-44H
A SPECIAL PERMIT FOR PARKING OR LOADING REQUIREMENT
REDUCTION
WHEREAS, the Town of Agawam under the authority granted by M.G.L.
Chapter 40A Section 1 through 22 inclusive, enacted the Agawam Zoning Ordinance for
the purpose of promoting health, safety, convenience and welfare of its inhabitants; and
WHEREAS,the Town of Agawam Zoning Ordinance presently contains certain
specific provision for parking and loading; and
WHEREAS, it is not the intent of the proposed amendment to generally relax
parking and loading requirements, but to allow the Board of Appeals in certain situations
to lessen the number of constructed parking spaces, while at the same time, designing and
reserving adequate landscaped open space to be used in the future if the need arises; and
WHEREAS,the proposed ordinance amendment is in the best interest of the
Town of Agawam;
NOW, THEREFORE BE TT ORDAINED AND ENACTED BY THE
AGAWAM TOWN COUNCIL AS FOLLOWS:
Amend the Agawam Zoning Ordinance, Chapter 180 by adding the following
language to Section 44H
CHAPTER 180-44h SPECIAL PERMIT FOR PARKING OR LOADING
REQUIREMENT REDUCTION
The parking or loading requirements set forth in this Section may be reduced as
part of the Special Permit by the Board of Appeals if the Board of Appeals finds that the
reduction is not inconsistent with the requirements of the Zoning By-laws of the Town of
Agawam.
If a reduction is allowed, a reserve area, to be maintained indefinitely as landscaped
open space must be required sufficient to adequately accommodate the difference between
the parking spaces required (i.e., the sum of the parking spaces required for the separate
used individually) and the parking spaces provided. The parking/site plan shall show (in
dotted outline)the reserve area laid out in full compliance with any parking or loading
requirements as set forth in said Chapter 180, including the required number of spaces. In
no event shall the Board of Appeals reduce the parking or loading requirement below 30
spaces.
Dated this day of , 2000
PER ORDER OF THE AGAWAM TOWN COUNCIL
Robert A. Magovern, President
APP AS TO FORM AND LEGALITY
'Qomas e, Solicitor
r REGULAR COUNCIL MEETING
AGAWAM MIDDLE SCHOOL
68 Main Street 4
Wednesday, March 8, 2000 - 7:30 P.M.
AGENDA
1. Citizen's Speak Time
2. Roll Call
3. Moment of Silence and the Pledge of Allegiance
4. Minutes - Regular Council Meeting of 2/22/2000
Minutes - Secial Council Meeting of 2/29/2000
• 5. Declaration from Council President
6. Presentation of Petitions, Memorials & Remonstrances
a Resolutions
1. TR-2000-12-. A Resolution to Amend Agawam City Council
Rule 14 Standing Committees (Coup. Bitzas) .
2. TR-2000-13- A Resolution to Accept the Provisions of
MGL, Ch. 170 of the Acts of 1999, An Act Allowing
Additional Compensation of a Town Clerk or Municipal
Collector or Treasurer Upon Certification (Mayor) .
7. Report of Council Committees
None.
8. Elections
None.
9. Public Hearings
No
10. Old Business
a
1. TOR-2000-1-(PH-2000-3)-An Ordinance to add Sec.
180-112 to the Zoning Code of the Town of Agawam
Relative to Special Permit for Parking or Loading
Requirement Reduction (2nd Reading) (Ref. to Ordin.
2. TOR-2000-2-An Ordinance to Amend Ch. 49, Entitled
Personnel of the Code of the Town of Agawam (Mayor)
(1st Reading) (Tabled and Ref. to Ordin. Comm. on
2/7/2000 - Left on table 2/22/2000) .
3. TOR-2000-3-An Ordinance to establish a Permanent
Italian Sister City Commission for the City of
Agawam, MA (Coun. Bonavita and Morassi ) .
4. TO-2000-13-Transfer-$15,000 from Line Item-Reserve Fun
(16605-57300) to Law Department-Salaries (11511-
51010)(Mayor) (Tabled on 2/7/2000 - Left on table
2/22/2000) .
REGULAR COUNCIL MEETING March 8, 2000 Page -2-
10. 011d Business (Con't)
5. TO-2000-17-Voucher List ($827.00) .
11. New Business
�a
1. .TO-2000-19-Transfer-$9,700 from Agawam Municipal Golf Course-
Undistributed (65263-55000) to Agawam Municipal Golf Course-
Chemical & Law (65263-52310)(Mayor).
2. TO-2000-20-Appl i cation for License for four (4) automatic
amusement devices for Wilson-Thompson American Legion Post
185, 478 Spfld. St. , FH
3. TO-2000-21-Application for License for three (3) automatic
amusement devices for Elbow Lounge-Ray Mar, Inc. , 386 Walnut
st. , Aga.
4. TO-2000-22-Appl i cation for License for forty-one (41) auto-
matic amusement devices for Six -Flags N.E. , 1623 Main St. , Age
5. TO-2000-23-Application for three (3) automatic amusement dev.
for Scoreboard Bar & Restaurant, Inc. , 15 King St. , Aga.
6. TR-2000-14- A Resolution Adopting Fiscal Year 2000 Supple-
mental Operating Budget II for the Town of Agawam (Mayor) .
7. TR-2000-15- A Resolution Confirming the Appointment of Peter
J. Maynard, 63 Riviera Dr. , Aga. , MA to the Agawam Municipal
Golf Commission to Complete an Unexpired Term Expiring
December 31, 2000 (Mayor).
12. Any other matter that may legally come before the council .
Adjournment.
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