USA > Massachusetts > Hampden County > Agawam > Town of Agawam, Massachusetts annual report 1946-1950 > Part 53
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In the case of an appeal for a variation involving a dwelling situated on a corner lot or so located that the obtaining of the exact numerical assents of the owners above enumerated is unreasonable or impossible, the Board of Appeals may grant the variation, provided that the consents of the property owners are obtained substan- tially in accordance with the principles herein set forth, as may be determined by the Board of Appeals, The power to authorize such variation of the use of existing dwellings shall be within the sound discretion of the Board of Appeals, and no variation in use shall be granted unless it shall be clear that the relief requested will not be detrimental to the best interests of the vicinity and will be in harmony with the general purpose and intent of this Zoning By-law. Each case shall be considered on its own merits and no case shall raise a presumption in favor of any other case. No decision of the Board of Appeals shall be considered as changing or affecting the
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zoning of any Residence A-2 District; but decisions of said Board of Appeals in favor of the petitioner shall be considered as "special exception" as defined in General Laws, Tercentenary Edition, Chapter forty, Section thirty.
(3) The office or studio of a dentist, artist, archi- tect, professional engineer or teacher of scholastic sub- jects, residing on the premises, or a beauty parlor where- in one of the residents is the sole operator. The space occupied by such office, studio, or parlor shall not exceed twenty (20) percent of the total floor area of the dwell- ing exclusive of the basement. No display, sign or other advertising device, shall be permitted except an interior- illuminated, reflective or non-illuminated professional nameplate having an area of not more than one hundred forty-four (144) square inches. The studios or offices of dancing or music teachers, photographers, masseurs, vet- erinarians, riding schools and other similar business-like pursuits are prohibited.
(4) The renting of rooms and the furnishing of table board to not more than four 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 non-illuminated an- nouncement sign having an area of not more than one hundred forty-four (144) square inches.
(5) Schools, and clubs, lodges, social community center buildings serving the immediate vicinity, except those the chief activity of which is a gainful service or activity usually conducted as a business, including in said excepted uses, dancing or bowling and like activities : and provided that there is no display or advertising visible from the street, other than as permitted in Section 5a (3).
(6) Colleges, public libraries, or museums, churches or other places of worship, parish houses, and Sunday- School buildings.
(7) Private kindergartens and day nurseries con- ducted in otherwise permitted buildings in this District providing that not more than twenty-five percent (25%)
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of the floor area of the building (exclusive of the base- ment) is used primarily for this purpose.
(8) Bus passenger stations or shelters, but not in- cluding repair service or garaging.
(9) Hospitals, sanitariums or charitable institu- tions not for contagious diseases, nor for the care of epileptics or drug or liquor patients, nor for correctional purposes, nor for the care of the insane or feeble-minded.
(10) Telephone exchange buildings.
(11) Accessory buildings and uses customarily in- cident to any use permitted herein, provided that such use shall not be offensive nor dangerous to life by reason of health or fire; provided further, than such acces- sory use shall not include any activity conducted for gain.
No advertising device, whether illuminated or other- wise, shall be permitted, except that an interior illumi- nated, reflective or non-illuminated announcement sign having an area of not more than one hundred forty-four (144) square inches may be displayed. No private way or walk shall give access across or upon a lot in a Residence A-2 District to a business or industry on an adjoining lot.
The keeping of poultry is restricted to a small flock for the use of the resident occupant only. The flock shall be confined in an enclosure located in the rear yard, not less than ten (10) feet from any lot line and not less than twenty-five (25) feet from any building used for human habitation. For the purpose of this By-law, a small flock shall mean and shall not exceed one (1) unit of poultry to each five hundred (500) square feet of lot area, but in no case more than fifteen (15) such units on any lot. The building and yard enclosure for the keeping of poultry permitted herein shall not exceed one-twentieth (1/20) of the area of the lot on which it is located, and any building so used shall be limited to one (1) story and not over ten (10) feet in height. The use of such enclosure or building for the keeping of poultry shall be accessory to a dwelling existing on the same lot or on an abutting lot.
The keeping and raising of livestock, and pigeons,
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whether for table or other purposes, or other like objec- tionable uses are prohibited.
(12) 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 five (5) horses or motor ve- hicles, so that the aggregate does not exceed five (5), shall in any case be kept on the premises. Only one (1) such vehicle may be a commercial vehicle and of not more than one and one-half (11/2) tons weight or capacity. Space for motor vehicles shall not be leased nor rented for com- mercial vehicles. 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.
(13) Not more than one 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.
(14) 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 future use of the whole property for agriculture would be prohibited, uses outlined in Section 7 (a), paragraphs (2) and (3) shall be permitted.
(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. Other permitted buildings such as schools, telephone exchanges, lodges, social and com- munity center buildings, and other uses permitted in paragraphs (5), (6), (9), and (10), of this Section 5, shall not exceed fifty (50) feet in height. Chimneys, steeples, and flag or radio poles are exempt from the height provisions of this Section.
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 (11/2) story accessory building shall not exceed twenty-five (25) feet in height.
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(c) SETBACKS. 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 the same street and within the same block and zoning district. When the setbacks required by this section exceed forty- five (45) feet, such setback need not be greater than seventy (70) percent of the distance required by the sen- tence above.
Where the alignment of the building is not controlled by the preceding paragraph, no part of any building shall be placed within thirty (30) feet of 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.
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.
When a dwelling, or its attached garage, to be erected in a Residence A-2 District is less than twenty-five (25) feet from a side lot line adjoining a business or industrial district, the setback from the street line on which it faces need not exceed fifteen (15) feet.
Open porches which are twenty (20) feet or more from the street line may be enclosed on one or more sides with glass enclosures.
(d) SIDE YARDS. There shall be a side yard be- tween a principal building and any 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 the side lot line, if lo- cated more than sixty-five (65) feet from a street line.
The buildings enumerated in paragraph (a) (9) of this section shall be located at least twenty-five (25) feet from each side lot 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 twenty (20) feet deep in its least dimen- sion.
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One story accessory buildings shall be placed at least five (5) feet from the rear lot line, and one and one- half (11%) story accessory buildings 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 seventy-five (75) feet nor an area of less than nine thousand (9000) square feet.
(g) LOT COVERAGE. No principal building shall be erected or altered so as to cover more than forty (40) percent of the area of the lot on which it is located.
Section 6. Residence B Districts.
(a) PERMITTED USES. In any Residence B Dis- trict, as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used, and no land shall be used or occupied for any purpose except one or more of the following:
(1) Any use permitted in a Residence A-1 or A-2 District. (See Sections 4 and 5.)
(2) A two family dwelling for two housekeeping units. A semi-detached dwelling for two families, pro- vided that both halves of said dwelling are erected at the same time, and provided that there shall not be more than one family in each half of such dwelling.
(3) A dwelling house of not more than four families.
(4) An apartment house as defined.
(5) Lodging houses, provided there is no display. sign, or other advertising device visible from the street, whether illuminated or otherwise, other than a sign hav- ing 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 a building, provided that the dining room and kitchen fa- cilities do not occupy more than seventy-five percent of the first floor area of such building.
(6) Private garages or stables, provided that no business, service or industry is conducted therefrom or therein. Not more than one (1) motor vehicle or horse
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to each twenty-five hundred (2500) square feet of lot area except that three (3) vehicles or horses may be kept in any case. Only one such vehicle may be a commercial vehicle of not more than one and one-half (11/2) tons weight or 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.
(7) Not more than one house trailer for each resi- dent family may be kept on the premises. The trailers shall not be used for living quarters while so located. Space shall not be rented or leased for trailers.
(b) HEIGHTS. 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, 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 pro- visions.
Accessory buildings or structures, including private garages, shall not exceed seventeen (17) feet in height for a one (1) story or one and one-half (11%) story build- ing. A two (2) story accessory building shall not exceed twenty-five (25) feet in height.
(c) SETBACKS. 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. When the setbacks required by this section exceed thirty- five (35) feet, such setbacks need not be greater than seventy (70) percent of the distance required by the sen- tence above.
Where the alignment of a building is not controlled by the preceding paragraph, no part of any building shall be placed within twenty (20) feet of the street line.
No part of any garage, stable or other accessory buildings, 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
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located in any Residence district, nor within fifteen (15) feet of any street line.
On a corner lot, except as otherwise herein provided, no part of any building shall be erected or altered so as to be less than twenty (20) feet from any street line.
Existing open porches which are fifteen (15) 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 building and each side lot line. For a building four (4) stories or over forty-five (45) feet in height it shall be not less than twenty-five (25) feet in width in its least dimension; for a building 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 (1), one and one-half (11/2), two (2), or two and one-half (21%) story buildings the side yard shall be not less than fifteen (15) feet in its least dimension.
A hospital shall be located at least twenty-five (25) feet from any lot line. Any detached garage or accessory building shall be placed at least five (5) feet from any side lot line, if located more than sixty-five (65) feet from a street line.
(e) REAR YARDS. There shall be a rear vard on every lot between the principal building and the rear lot line. It shall be twenty (20) feet deep in its least dimen- sion. One (1) story accessory buildings shall be placed at least five (5) feet from the rear lot line, and one and one-half (11%) or two (2) story accessory buildings shall be placed not less than ten (10) feet from the rear lot line.
(f) LOT COVERAGE. No principal building shall be erected or altered so as to cover more than forty (40) percent of the area of the lot on which it is located.
Section 7. Agricultural Districts.
(a) PERMITTED USES. In any Agricultural Dis- trict, 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 or more of the following :
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(1) Any use permitted in a Residence A-1 or A-2 District.
(2) Farms, dairies, nurseries, truck gardens, green- house, and natural ice harvesting activities, and buildings or structures accessory thereto.
(3) Buildings or shelters for the sale of farm prod- ucts, provided that a major portion of the products of- fered 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.
(4) The processing of forests and wood lots by port- able wood working mills and machinery, for processing wood cut on the premises, if approved by the Board of Appeals.
(5) Airports and landing strips and buildings or structures necessary thereto, if located west of Suffield Street.
(b) HEIGHTS. Buildings or structures permitted in this zone under a-1 of this Section shall not exceed the heights permitted in Section 5 of this By-law. For other buildings allowed in this Section 7, the height limitation shall be fifty (50) feet.
(c) SETBACKS. Buildings and shelters for the sale of farm products shall be at least twenty (20) feet from the street line.
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.
(d) SIDE YARDS. There shall be a side yard be- tween 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.
(e) REAR YARDS. For a residence, or accessory building, or other structure, the rear yard shall comply with the rear yard requirements of the nearest residence district, measured in a direct or air line.
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(f) LOT COVERAGE. There shall be no lot cover- age regulations in this district.
(g) No lot can be used for residential purposes with a frontage of less than seventy-five (75) feet, nor an area of less than nine thousand (9000) square feet, unless such lot was on file in the Hampden County Registry of Deeds prior to the date of enactment of this By-law.
Section 8. Business A Districts.
(a) PERMITTED USES. In any Business A Dis- trict, as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used, and no land shall be used or occupied for any purpose except one or more of the following :
(1) Any use permitted in a Residence or Agricul- tural District. (See Sections 4, 5, 6, and 7.)
(2) The major use of a building or structure in a Business A 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 the above mentioned requirements.
No building, structure or land shall be used in whole or in any part for any fabricating, manufacturing, con- verting, altering, finishing or assembling.
(3) One (1) story public garages for storage or re- pair of not more than fifteen (15) cars. Body and fender work, in or out of doors, and the storage of cars, bodies and parts out of doors is prohibited.
(4) A gasoline filling station, provided that not more than twelve thousand (12,000) gallons of gasoline shall be stored on the premises. An enclosed lubritorium for not more than three (3) motor vehicles shall be per- mitted. Only minor repairing of motor vehicles is per- mitted.
(5) Open air transient parking after public hearing by the Board of Appeals.
(6) Over-night transient trailer camps or cabins if
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licensed under Sections 32A to 32E inclusive, of Chapter One Hundred Forty (140) of the General Laws of Massa- chusetts.
(b) HEIGHTS. A business building shall not ex- ceed 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, nor to required bulk- heads or elevator penthouses. A residence building shall comply with the height requirements for Residence B Districts. (See Section 6.)
Heights of other buildings and structures permitted in this zone under paragraph (a)-(1) of this Section shall not exceed the height permitted in Residence B Dis- tricts. (See Section 6.)
(c) SETBACKS, SIDE YARDS, AND REAR YARDS. Setbacks shall be at least twenty (20) feet. Side yards and rear yards are not required for a business building, but space shall be provided for loading and un- loading all materials, equipment and merchandise on the premises and entirely off the traveled way, with such ad- ditional 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. A building de- voted in whole or in part to residence or other purposes permitted in paragraph (a)-(1) of this Section shall comply with the requirements for setbacks, side yards and rear yards prescribed for Residence B Districts. (See Section 6.)
(d) LOT COVERAGE. No business building shall be erected or altered so as to cover more than seventy-five (75) percent 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 this zone under paragraph (a)-(1) of this Section, shall comply with the require- ments for lot coverage in Residence B Districts. (See Section 6.)
Section 9. Business B Districts.
(a) PERMITTED USES. In any Business B Dis- trict, as indicated on the Building Zone Map, no building
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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, Agricultural, or Business A District. (See Sections 4, 5, 6, 7, and 8.)
(2) Public garages with no restrictions as to the number of cars stored.
(3) Amusement parks, bowling alleys and roller skating rinks.
(4) Wholesale sales and warehousing.
(5) Converting, fabricating, manufacturing, alter- ing, finishing or assembling, provided that not more than one person shall be employed for each one hundred (100) square feet of floor area and in no case shall a total of more than five thousand (5000) square feet of floor space be devoted to such use.
(b) HEIGHTS. A business building shall not be erected or altered to a height in excess of three (3) stories, nor more than forty-five (45) feet. These pro- visions shall not apply to chimneys, flag or radio poles, water tanks or hose towers, nor to 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 paragraph (a)-(1) of this Section, shall not exceed the heights permitted in Residence B Districts. (See Sec- tion 6.)
(c) SETBACKS, SIDE YARDS AND REAR YARDS. Setbacks shall be at least twenty (20) feet in their least dimension. Side yards and rear yards are not required for a business building, but facilities shall be provided for loading and unloading all materials, equip- ment 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. A building devoted in whole or in part to residence uses shall comply with the requirements for
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setbacks, side yards and rear yards of Residence B Dis- tricts. (See Section 6.)
(d) LOT COVERAGE. No business building shall be erected or altered so as to cover more than ninety (90) percent 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 paragraph (a)-(1) shall comply with the requirements of lot coverage in Residence B Dis- tricts. (See Section 6.)
Section 10. Industrial Districts.
(a) PERMITTED USES. In any Industrial Dis- trict, 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 of the following :
(1) For residential purposes, provided that the land so located in an Industrial District is part of a subdivision plan duly recorded PRIOR to the enactment of this By- law, or if individual building lots have been similarly re- corded.
(2) Any business or agricultural use permitted in an Agricultural, Business A, or Business B. District. (See Sections 7, 8 and 9.)
(3) Any industrial purpose, except those contained in the following list which may be allowed only after a public hearing before the Board of Appeals :
Acetylene gas, cyanide compound or oxygen manu- facture.
Asphalt manufacture or refining.
Chlorine or bleaching powder manufacture.
Creosote manufacture.
Distillation of coal or wood.
Drop Forge shop.
Explosives, fireworks or ammunition manufacture. Fertilizer manufacture.
Fumigation plants.
Glue or size manufacture from fish or animal offal. Gypsum, cement, plaster or plaster of paris manu- facture.
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Incineration or reduction of or dumping of offal, garbage or refuse on a commercial basis (except where controlled by the Town) .
Junk yard, junk storage, scrapping of autos and parts and the salvage thereof.
Linoleum manufacture.
Match manufacture.
Paint and Lacquer manufacture.
Petroleum refining and the bulk storage of petroleum products.
Plastic manufacture.
Rubber, natural or synthetic, or gutta-percha manu- factured from crude or scrap material.
Sewage Disposal plant (except where controlled by Town).
Soap, tallow, grease or lard manufacture.
Slaughterhouse.
Sulphurous, sulphuric, nitric or hydrochloric acid manufacture.
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