USA > Massachusetts > Hampden County > Agawam > Town of Agawam, Massachusetts annual report 1946-1950 > Part 52
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For the construction of sewers on Hall Street, the sum of $7,000.
For the construction of sewers on Franklin Street, the sum of $10,900.
All to come under the Betterment Assessment Act of the General Laws.
Article 17. (a) Voted that the construction of Pub- lic Works, generally described as an intercepting sewer system along the Westfield River is essential and in the public interest, and that it is necessary that action pre- liminary to the construction of said sewer system to be taken immediately and an application be filed under Pub- lic Law 352 of the 81st Congress and to authorize other action in connection therewith.
(b) Voted that Edward W. Talmadge, Chairman of the Board of Selectmen be authorized to file in behalf of the Town, an application in such form as may be required by the United States of America in conformity with said Act of Congress so that the Town may secure from the United States of America an advance of money to aid in defraying the costs of preliminary planning on the con- struction of such sewer system.
(c) Voted that the Town provide such sums in ad- dition to any sums advanced by the United States of America on the condition that such sums are advanced
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as may be required to defray the cost of such preliminary planning on the construction of such sewer system.
(d) Voted that the Town authorize the representa- tive mentioned in (b) above, to furnish the United States of America with such information, data and documents as may be required to obtain the advance of monies from the United States of America and otherwise to act gen- erally for the Town in this matter.
Article 18. Voted that the Town authorize the Se- lectmen, by majority vote thereof, to accept the offer of the United States of America to make an advance of sums of money pursuant to Public Law 352 of the 81st Con- gress to the Town of Agawam for the purpose of assist- ance in financing the cost of preliminary planning in the construction of said sewer system along the Westfield River, the total cost of which is estimated to be not more than $140,360., and to enter into any and all agreements and to do each and everything necessary or proper in or- der to obtain said advance sums of money from the United States of America.
Article 19. Voted that the Board of Selectmen be authorized, by a majority vote thereof, to employ an en- gineer to prepare final plans and specifications for said sewer system along the Westfield River, the total cost of which is estimated to be not more than $140,360., and to enter into a written contract of employment with such engineer after the United States of America shall have made an agreement to assist the Town of Agawam in financing the cost of such preparation.
Article 20. Voted that the Board of Selectmen, be authorized, by a majority vote thereof, to approve, dis- approve, amend or modify the completed plans and speci- fications if and when prepared with the assistance of finances advanced by the United States of America to the Town and to furnish a certificate of their action to the United States of America.
Article 21. Voted that the Town accept Section 111D of Chapter 41 of the General Laws (Ter. Ed.) which reads as follows :
Section 111D. In any city or town which accepts
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this section, all members of its regular police or fire force may be granted a vacation without loss of pay. Such va- cations shall be computed in the following manner :
For five years' service, but less than ten years' serv- ice, a vacation of three weeks.
For ten years' service or more, a vacation of four weeks.
Section one hundred and eleven shall not apply to the members of the regular or permanent police or fire force in any such city or town.
Article 22. Voted that the Town accept the By-law relating to Civil Defense, as appearing in the Town war- rant.
Section 1. Department of Civil Defense.
There is hereby established a Department of Civil Defense (hereinafter called the "Department"). It shall be the function of the Department to have charge of Civil Defense as defined in Section 1, Chapter 639 Acts of 1950 and to perform Civil Defense functions as authorized or directed by said Chapter or by any and all executive or- ders or general regulations promulgated thereunder, and to exercise any authority delegated to it by the Governor under said Chapter 639.
Section 2. Director of Civil Defense.
The Department shall be under the direction of a Director of Civil Defense (hereinafter called the "Di- rector") who shall be appointed as prescribed by law. The Director shall have direct responsibility for the or- ganization, administration and operation of the Depart- ment, subject to the direction and control of the appoint- ing authority, and shall receive such salary as may be fixed from time to time by the appointing authority. The Director may, within the limits of the amount appropri- ated therefor, appoint such experts, clerks and other as- sistants as the work of the department may require and may remove them, and may make such expenditures as may be necessary to execute effectively the purpose of Chapter 639, Acts of 1950.
The Director shall also have authority to appoint Dis- trict Co-ordinators and may accept and may receive on
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behalf of the Town, services, equipment, supplies, materi- als or funds by way of gift, grant or loan, for purposes of Civil Defense, offered by the Federal Government or any agency or officer thereof or any person, firm or corpora- tion, subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer. The Director shall cause appropriate records to be kept of all matters relating to such gifts, grants or loans.
Section 3. Civil Defense Advisory Council.
There is hereby established a Civil Defense Advisory Council (hereinafter called the "Council"). Said Council shall serve without pay and shall consist of the Director of Civil Defense, such other Department Heads and such other persons as the authority appointing said Director may deem necessary. Such members of said Council as said appointing authority shall designate shall serve sub- ject to the direction and control of the appointing authori- ty and shall advise said appointing authority and the Di- rector on matters pertaining to Civil Defense.
Section 4. Police Aid to other Cities and Towns in Event of Riots of Other Violence Therein.
The Police Department is hereby authorized to go to aid another city or town at the request of said city or town in the suppression of riots or other forms of violence therein.
Section 5. Termination of By-law.
This By-Law shall remain in force during the effec- tive period of Chapter 639, Acts of 1950, and any act in amendment or continuation thereof or substitution there- for.
Section 6. Definition.
All references to Chapter 639, Acts of 1950, as now in force, shall be applicable to any act or acts in amend- ment or continuation of or substitution for said Chapter 639.
Article 23. To see if the Town will adopt the follow- ing revision of the Zoning By-law, a copy of which is hereto annexed and made a part hereof,
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TOWN OF AGAWAM IN THE YEAR 1950
A By-law relative to the regulating of buildings and premises, according to their use, construction, location, or size to specified parts of the Town.
Section 1. Purpose.
For the purpose of promoting the health, safety, con- venience, morals, and welfare of its inhabitants, the Town of Agawam, under the authority granted by Gen- eral Laws, Tercentenary Edition, Chapter 40, sections twenty-five to thirty B inclusive, does hereby make this by-law to be hereafter known and designated as the Zon- ing By-law of the Town of Agawam. Further purposes of this By-law 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 over-crowd- ing of land; to avoid undue concentration of population ; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public require- ments; and to increase the amenities of the Town.
Section 2. Districts.
For the purpose of this By-law, the Town of Aga- wam is divided into 7 classes of districts, as follows :
(1) Residence A-1 Districts.
(2) Residence A-2 Districts.
(3) Residence B Districts.
(4) Agricultural Districts.
(5) Business A Districts.
(6) Business B Districts.
(7) Industrial Districts.
The Boundaries of each district are hereby estab- lished as shown on the Building Zone Map entitled "Building Zone Map, Town of Agawam, Massachusetts, Agawam Planning Board, Scale 1 Inch Equals 400 Feet" which accompanies and is hereby declared to be a part of this By-law. Said map is hereinafter referred to as the Building Zone Map.
Section 3. Definitions.
In construing this By-law the following words shall
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have the meaning herein given, unless a contrary inten- tion clearly appears.
(1) The singular number includes the plural, the plural the singular; the word "lot" includes "plot", the word "building" includes "structure", the word "occu- pied"; includes "designed, arranged or intended to be occupied"; and the word "used" includes "designed, ar- ranged or intended to be used."
(2) ACCESSORY BUILDING. A subordinate build- ing, including a garage the use of which is incidental to that of a principal building.
(3) ACCESSORY USE. The use of a building or premises for a purpose customarily incidental to the main or principal use permitted in the district.
(4) ALTERATION. A change in, or addition to. a structure.
(5) APARTMENT HOUSES. A building of fire re- sisting construction, as herein defined, having accommo- dations for five or more families.
(6) ATTACHED. Connected to or united with.
(7) ATTIC. The space between the ceiling of the top story of a building and its roof and not used for living, sleeping or eating quarters.
(8) BUILDING. A combination of any materials, whether portable or fixed, having a roof, to form a struc- ture for the shelter of persons, animals or property. For the purpose of this definition "roof" shall include an awn- ing or any similar covering, whether or not permanent in nature. The word "building" shall be construed, where the context requires, as though followed by the word "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.
(9) BUILDING, ACCESSORY. An accessory build- ing, as defined in paragraph (2) hereof.
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(10) BUILDING, PRINCIPAL. A principal build- ing, as defined in paragraph (29) hereof.
(11) BUSINESS. The transacting or carrying on of a trade or commercial enterprise with a view to profit or for livelihood.
(12) CEMETERY. A place or area of land, set apart for the burial of the dead, operated, managed and controlled under the provisions of General Laws, Tercen- tenary Edition Chapter one hundred fourteen, or a burial place under the care and supervision of the Town or other public authority.
(13) CORNER LOT. A lot bounded on two sides by intersecting streets.
(14) CREMATORY. A building containing a fur- nace 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 Commonwealth of Massachusetts.
(15) DETACHED. Separated from.
(16) DWELLING. A building occupied exclusively as a residence for one or more families.
(17) DWELLING, SEMI-DETACHED. A semi-de- tached dwelling as defined in paragraph (34) hereof.
(18) FAMILY. A person or a group of persons of immediate kindred who live together as a single house- keeping unit under one head.
(19) FIRE RESISTING CONSTRUCTION. A building having exterior walls of solid masonry or other incombustible material and a roof covering of fire resist- ing materials.
(20) 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%) of the wall area is of glass.
(21) HALF STORY. The space between the ceiling of the top story of a building and the roof, where the
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area and height are sufficient for sleeping and living quarters.
(22) HEIGHT. In reference to a building, the vertical distance between the highest point of the roof and the average grade of land immediately surrounding the building.
(23) HOSPITAL. An institution where only sick and disabled persons are given medical, surgical or con- valescent care.
(24) HOTEL. A building operated by a duly li- censed innholder where lodging is furnished and/or food is served to transient or permanent guests and which has a public dining room and a general kitchen.
(25) JUNK. Articles such as old iron, brass, cop- per, tin, lead or other base metals, cordage, old bags, rags, waste paper, 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 or more of the materials mentioned but which may be converted into some other product by means of some manufacturing process.
(26) LODGING HOUSE. A residence where lodg- ings are let to five 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 cook- ing facilities in any rented sleeping room.
(27) LOT. A parcel of land which is or may be occupied by a principal building and its accessory build- ings, together with such open yard areas or spaces as are required under the provisions of this By-Law.
(28) NON-CONFORMING USE. See Section 15 (b).
(29) PRINCIPAL BUILDING. The main or most important building on a lot. Attached structures such as garages, greenhouses and similar units are to be consid- ered as part of the principal building.
(30) PROFESSIONAL ENGINEER. A person em-
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ployed in a practice of engineering as defined in General Laws, Tercentenary Edition, Chapter one hundred twelve (112), Section eighty-one (81) D.
(31) REAR LOT LINE. The lot line opposite the street line, except that in case of a corner lot, the rear lot line shall be the line opposite the street line of the street on which the building is numbered or would be numbered.
(32) REAR YARD. The required unoccupied space or area within the lot between the rear lot line and the part of the principal building nearest such rear lot line.
(33) SANITARIUM. An institution for the re- cuperation or treatment of persons suffering from physi- cal or mental disorders.
(34) SEMI-DETACHED DWELLING. A single family residential unit that is joined on one side to an- other single family residential unit and having a party wall between the said units.
(35) SCHOOL. A building devoted to instruction or education in primary, elementary or high school grade, on a non-profit basis.
(36) SECOND HAND MATERIAL. Materials, 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.
(37) SERVICE. The performance of any act for the benefit of another with a view to profit, or for a livelihood.
(38) SETBACK. The minimum required unoccu- pied space or area between the street line on which the building is numbered, or would be numbered, and the part of the building nearest such street line, such un- occupied space or area extending the entire width or distance across the lot.
(39) SIDE LOT LINE. The line dividing one lot from another.
(40) SIDE YARD. The required unoccupied space
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or area within the lot between the side lot line and parts of the building nearest such side lot line; and, in the case of a corner lot, one 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.
(41) 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.
(42) STREET LINE. The dividing line between a street and a lot and in case of a public way, the street line established by the public authority laying out said way upon which the lot abuts.
(43) 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. The word "story" shall not in- clude "attic" as defined in paragraph (7) hereof,
(44) STRUCTURE. A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, tent, re- viewing stand, platform, bin, fence, sign, flagpole, mast for radio antenna or the like. The word "structure" shall be construed, where the context allows, as though fol- lowed by the words "or part or parts thereof".
(45) SUBDIVISION. The division of a lot, tract or parcel of land into two 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 in- clude "re-subdivision" in relating to the processes of sub- dividing or to land already subdivided, when appropriate to the context.
Section 4. Residence A-1 Districts.
(a) USES. In a Residence A-1 District, as indi- cated by the Building Zone Map, no building or other structure shall be erected, altered or used, and no land
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shall be used or occupied for any purpose except one or more of the following :
(1) A one (1) family Dwelling for one (1) house- keeping unit only.
(2) Town 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 said accessory buildings are or will be erected. This provision shall not apply to lands and buildings acquired by the Town by tax title foreclosure or held by the Town in a private capacity.
(3) 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.
(4) Cemeteries adjacent to, or in extension of, existing cemeteries, and crematories, provided the same are situated within cemeteries.
(5) Accessory uses customarily incident to any use or building permitted herein, provided that such use or building shall not be offensive nor 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 other- wise, shall be permitted in connection with such accessory uses or building. No private way or walk shall give access across or upon a lot in a Residence A-1 District to a business or industry on an adjoining lot, or parts of the same lot.
The keeping and raising of poultry, livestock and pigeons, whether raised for the table or other purposes, or other like objectionable uses are prohibited.
(6) Private garages or stables, provided no busi- ness, service or industry is conducted therefrom or there- in. Not more than one (1) motor vehicle or horse for each five thousand (5000) square feet of lot area or frac- tion thereof, nor more than three (3) horses or five (5) motor vehicles so that the aggregate does not exceed five (5), shall in any case be kept on the premises. Space for motor vehicles shall not be used, leased, nor rented for commercial vehicles. No commercial vehicle shall be
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parked on a lot in the open. Then space regulations shall apply to vehicles regularly left on the lot, whether housed or in the open.
(7) An accessory building shall not be used for residence purposes except by a person employed on the premises and his immediate family, and only if located in the rear of the principal building and with no imme- diate street frontage.
(b) HEIGHTS. A residence building shall not ex- ceed two and one-half (21/2) stories nor 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 (11/2) stories or twenty-five (25) feet in height.
(c) SETBACKS. No part of any building or other structure including a porch shall be erected or altered so as to be nearer to the street line than the nearest building on either side thereof facing the same street and within the same block and zoning district. When the setbacks re- quired in this section exceed sixty (60) feet, such set- backs need not be greater than seventy (70) per cent of the distance required by the sentence above.
Where the alignment of a building is not controlled by the preceding paragraph, no part of any building shall be placed within thirty-five (35) feet of any street line and on a corner lot except as otherwise herein provided, no part of any building shall be created or altered so as to be less than thirty-five (35) feet from any street line.
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 in any residence district, nor within fifteen (15) feet of any street line. An accessory building shall be placed at least five (5) feet from any side lot line.
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.
When a dwelling or its attached garage is to be erected on a lot in a residence A-1 District adjoining a
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business or industrial district, the setback from the street line on which it faces need not exceed thirty (30) feet.
Existing open porches, which are thirty (30) feet or more from the street line may be enclosed on one or more sides with glazed enclosures.
(d) SIDE YARDS. There shall be a side yard be- tween 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.
(e) REAR YARDS. There shall be a rear yard on every lot between the principal building and the rear lot line. It shall be not less than twenty-five (25) feet deep in its least dimension.
A one-story accessory building shall be placed at least five (5) feet from the rear lot line. A one and one-half (11/2) story accessory building shall be placed at least ten (10) feet from the rear lot line.
(f) LOT SIZE. No lot shall have a frontage of less than ninety (90) feet on a street nor an area of less than twelve thousand (12,000) square feet.
(g) LOT COVERAGE. No principal building shall be erected or altered so as to cover more than thirty (30) percent of the area of the lot on which it is located.
Section 5. Residence A-2 Districts.
(a) PERMITTED USES. In any Residence A-2 District, as indicated on the Building Zone Map, no build- ing or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one or more of the following :
(1) Any use permitted in a Residence A-1 District. (See Section 4.)
(2) A one-family detached dwelling for one house- keeping unit only ; provided, however, that the Board of Appeals, upon an appeal from an order or decision made by the Building Inspector, and if it deem such action wise and if it shall appear to the Board that such action will
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tend to preserve the standard and character of the neigh- borhood, authorize a variation in the use of a one-family dwelling existing at the time of the adoption of this By- law 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:
The owner of the lot on either side of the petitioner's property; the owner of the lot adjacent in the rear of the petitioner's property ; and the owner of the lot directly across the street therefrom. Where the petitioner is the owner of the lot on either side, in the rear or across from the property for which a variation is requested, such lot shall be omitted, in which case, written consent and approval shall be secured from the owner of the property next to that owned by the petitioner. In case there are two or more lots adjacent in the rear or sides of the petitioner's property, the owner of the lot which abuts the greater length on the petitoner's property shall be deemed "the owner of the lot adjacent to the peti- tioner's property" as used in the first or second clause of the first sentence of this paragraph.
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