USA > Massachusetts > Hampden County > Agawam > Town of Agawam, Massachusetts annual report 1946-1950 > Part 54
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Tannery.
Tar or asphalt roofing manufacture.
Tar products manufacture.
Tire recapping or retreading.
All other enterprises or uses commonly regarded as hazardous or offensive.
(b) HEIGHTS. Business or industrial building shall not exceed four (4) stories nor sixty (60) feet in height except with approval of the Board of Appeals after a public hearing. These provisions shall not apply to chimneys, smokestacks, aeriators, flag or radio poles, elevator penthouses, gas holders, water tanks, grain eleva- tors, required bulkheads, or other equipment appurtenant to industrial buildings. A building devoted in whole or in part to residence use in this zone shall comply with the height provisions of Residence B Districts. (See Section 6.)
(c) SETBACKS, SIDE YARDS AND REAR YARDS. Setbacks shall be at least twenty (20) feet wide in their least dimension. Side yards or rear yards shall not be required for a business or industrial building, but facilities shall be provided for loading and unloading
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all materials, equipment and merchandise on the premises and entirely off the traveled way. A building devoted in whole or in part to residence purposes shall comply with the setback, side yard and rear yard provisions in Resi- dence B Districts. (See Section 6.)
(d) LOT COVERAGE. No business or industrial 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 shall comply with the lot coverage provision of Residence B Districts. (See Section 6.)
Section 11. Enforcement.
The Building Inspector shall enforce the provisions of this By-law or any amendment thereof. He shall refuse to grant a permit for the construction, addition, alteration or change of use of any building, structure, or premises if such proposed construction, addition, altera- tion or change of use would be in violation of any of the provisions of this By-law, as amended. State and Town officers shall refuse any permit or license for a new use of a building, structure or land, which use would be in violation of this By-law or amendment thereof.
Section 12. Filing Plot Plan.
Unless otherwise ordered by the Building Inspector, all applications for building permits under the provisions of the Building Code of the Town of Agawam shall be acompanied by plans in duplicate. Such plans shall be drawn to scale, shall show the actual dimensions, radii, and angles of the lot to be built upon, the exact size and location on the lot of the main building and accessory buildings to be erected and such other information as may be necessary to determine and provide for the enforce- ment of this By-Law, as amended. One copy of the plans filed by the applicant shall be returned to him when approved by the Building Inspector.
Section 13. Validity of Existing Building Permits.
Any building permit issued prior to a notice of a hearing on the question of the enactment of this By-Law
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shall be valid, provided, that the construction work there- under is commenced within six (6) months after its issuance.
Section 14. Certificate of Occupancy.
(a) £ Hereafter no land shall be occupied or used, and no building or structure which is erected or altered. or in which the type of use is changed, shall be occupied or used, in whole or in part, for any purpose until a certi- ficate of occupancy is issued by the Building Inspector stating that the building, structure or use complies with the provisions of this By-law.
No such certificate shall be issued unless the build- ing or structure and its uses, as well as the uses of all the premises, are in conformity with the provisions of this By-law.
(b) Certificate of occupancy shall be required for any of the following :
(1) Any occupancy and use of a building herein- after erected or altered.
(2) Any change in use of an existing building or structure or premises to a different use.
(3) Any change in use of a non-conforming use.
(c) Upon completion or alteration of any building or structure, and prior to the use of any such building, structure or premises, a certificate of occupancy shall be aplied for on a form furnished by the Building Inspector. Such application shal be acted upon within five (5) days after the filing thereof.
Section 15. Existing buildings, structures and uses.
(a) EXISTING BUILDINGS, STRUCTURES AND USES. This By-law shall NOT apply to existing build- ings or structures, nor to the existing use of any buildings or structures, or land to the extent to which it was used at the time of the adoption of this By-law, or prior to the enactment of a former By-law, applicable thereto, of which this is a continuation.
This By-law SHALL apply to any change of use and
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to any alteration of a building or structure when the same would amount to reconstruction, extension or struc- tural change, and to any alteration of a building or struc- ture, to provide for its use for a purpose or in a manner substantially different from the use to which it was put before alteration, or for its use for the same purpose to a substantially greater extent.
(b) NON-CONFORMING USES. A non-conform- ing use is the use of a building, structure, or land law- fully occupied at the time of the enactment of this By- law, or of a prior By-law applicable thereto, but which does not conform to the requirements after the adoption of this By-law, or to this By-law as amended, in the district in which it is located.
A building, structure, or land, which at the time of the enactment of this By-law is being put to a non- conforming use may be :
(1) Continued in that use, except as provided in paragraph (a) above.
(2) Altered or enlarged in that use, but only after the granting of a permit therefor by the Board of Appeals.
(3) Changed to a more restricted use, provided that when so changed, it shall not be returned to the less re- stricted use.
(4) Rebuilt or restored and again used as previ- ously, in case of a building destroyed, or damaged by fire, explosion, or other casualty; provided, that not more than seventy-five (75) percent of the building or structure, exclusive of foundations, has been so damaged or de- stroyed, except that the Board of Appeals may order a permit issued in any case of such loss. Rebuilding or restoration, when permitted, shall be commenced within six (6) months after such catastrophe or disaster and continuously carried to completion.
When a non-conforming use is discontinued, as evidenced by lack of use or vacancy for a continuous period of twelve (12) months, or by the substitution of a more restricted use or of a conforming use, such non- conforming use shall not thereafter by re-established and
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all future uses shall be in conformity with the provisions of this By-Law.
Section 16. General Provisions.
(a) CORNICES. Cornices may extend not more than three (3) feet over or into any required front yard, side or rear yards.
(b) FENCE OR WALLS. Fences or walls in Resi- dence Districts, which are more than four (4) feet high and more than one-quarter (1/4) solid, except retaining walls, shall be erected not less than three (3) feet from any lot line.
(c) UNSAFE BUILDINGS. This By-Law shall not be considered as preventing the strengthening or the res- toration to a safe condition of any building or wall de- clared unsafe by the Building Inspector.
(d) MINIMUM OPEN SPACES. No lot shall be reduced in size or area so that any required yard, court or open space will be smaller than is prescribed by this By-law for the district in which it is located.
(e) LOCATION OF AUTOMOBILE SERVICES. Public garages, automobile repair shops, greasing sta- tions, storage battery service stations, gasoline filling sta- tions, or any of their appurtenances or accessory uses shall hereafter be erected or placed at least twenty-five (25) feet from any Residence or Agricultural District, unless the spaces so used are entirely enclosed in masonry or concrete walls having fixed steel sash and wire glass and having roofs without openings, except skylights with metal frames glazed with wire glass. Such buildings shall have no entrances or exits for motor vehicles within one hundred (100) feet measured along the street line of property on which there is a school, library, church, play- ground, or institution for the sick, blind, or feeble, or for children under sixteen (16) years of age.
(f) VISION CLEARANCE. On any corner lot. where the angle of intersection is less than one hundred thirty-five (135) degrees, vision clearance shall be pro- vided in the following manner.
A triangular area free from obstruction shall be pro-
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vided, in which nothing shall be erected or maintained between a point two and one-half (21%) feet above the street grade and a point eight (8) feet above the street grade, and measuring at least ten (10) feet back from the point of intersection on each of said streets.
(g) SAND, GRAVEL AND LOAM. In any Resi- dence, Agricultural or Business District, the removal for sale of sod, loam, clay, sand, gravel or quarried stone, ex- cept when incidental to and in connection with the con- struction of a structure on the premises for which a per- mit has been issued, or incidental to the grading and de- velopment of contiguous property, shall be permitted only if written permission of the Board of Appeals after public hearing be obtained, and under such conditions as the Board of Appeals may impose and make a part of the permit. The Board of Appeals shall in each instance im- pose such restrictions as will protect the neighborhood and town against permanent and/or temporary hazards because of conditions which may be left after operations are completed or because of the methods of handling such materials at the site or of transporting such materials through the town.
(h) MINIMUM LOT SIZES. The minimum lot re- quirements of this By-law shall not prevent the use of any lot for building purposes; if at the time of the ac- ceptance of this amendment such lot was shown on a plan or otherwise properly recorded in the County Registry of Deeds, and the required setback, side yard and rear yard regulations of the zoning district in which it is located can be fulfilled, unless permitted by the Board of Appeals.
Section 17. Board of Appeals.
The Board of Appeals established by a vote of the Town on July 24, 1945, shall be the Board of Appeals to which all appeals may be taken in respect to this Zoning By-law. In accordance with the provisions of Section Thirty (30), Chapter Forty (40) of the General Laws, Tercentenary Edition, the said Board of Appeals shall have all powers and duties of the Board of Appeals as set forth and as required in said Section Thirty (30).
Section 18. Repetitive Petitions-Before Board of Appeals.
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No appeal or petition under Paragraph Three (3). Section Thirty (30), Chapter Forty (40) of the General Laws as amended for a variance from the terms of this By-law with respect to a particular parcel of land, and no application under Section Thirty (30) for a special ex- ception to the terms of this By-law, which has been un- favorably acted upon by the Board of Appeals shall be considered on its merits by said Board within two (2) years after the date of such unfavorable action except with the consent of all the members of the Planning Board.
Section 19. Repetitive Petitions - Before Town Meetings.
No proposed By-law or amendment making a change in this Zoning By-law, which has been unfavorably acted upon by the Town Meeting shall be considered on its merits by the Town Meeting within two (2) years after the date of such unfavorable action, unless adoption of such proposed By-law or amendment is recommended in the final report of the Planning Board as required by Section Twenty-seven (27), Chapter Forty (40) of the General Laws as amended.
Section 20. Changes in the Building Zone Map.
No zone as indicated on the Building Zone Map, which is a part of this By-law, shall be changed until after the Planning Board has held a public hearing there- on after due notice given, and has submitted a final re- port with the recommendations to the Town Meeting.
Section 21. Repeal.
The provisions of this By-law, so far as they are the same as those of existing By-laws, shall be construed as continuances thereof and not as new enactments. A ref- erence in a By-law which has not been repealed, to pro- visions of By-laws which are revised and re-enacted here- in shall be construed as applying to such provisions as so incorporated herein. All By-laws or parts of By-laws heretofor passed, inconsistent herewith, are hereby re- pealed.
Section 22. Validity.
The invalidity of any section or provision of this By-
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law shall not invalidate any other section or provision thereof.
Section 23. Effective date.
This By-law shall take effect upon its approval by the Attorney General and its publication and posting as required by Section Thirty-two (32) of Chapter Forty (40) of the General Laws.
Unanimously recommended, August 18, 1950.
WILLIAM E. VIGNEAUX JOHN J. BELTRANDI PAUL B. JOHNSON
EDWIN B. SPRING GEORGE L. REYNOLDS
Planning Board of Agawam
Voted to adjourn until September 11, 1950 at 7:30 o'clock P. M.
BRANDON N. LETELLIER
Town Clerk
ADJOURNED SPECIAL TOWN MEETING SEPTEMBER 11, 1950
Meeting called to order by the Moderator according to the call of the Warrant, a quorum declared present, and under:
Article 23. Voted that the following amendment be made to Section 4 (a) of the proposed By-law :
That a new paragraph be added thereto to be known as sub-section (al) of Section (a) to read as follows :
The office of a physician, surgeon or lawyer residing on the premises provided the space occupied by such office shall not exceed twenty (20) per cent (%) of the total floor area of the dwelling exclusive of the basement. No display, sign, or other advertising device shall be per- mitted except an interior-illuminated, reflective or non-
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illuminated professional name plate having an area of not more than one hundred forty-four (144) square inches.
2nd Amendment: Voted that the following amend- ment be made to Section 5 (a) (3)
That the following words be stricken from this sec- tion :
"Physician, surgeon and lawyer."
3rd Amendment: Voted that the following amend- ment to the proposed zoning By-law be made :
1. That the words "clubs, lodges, social" be deleted from Section 5; (a) ; (5) and that these words be in- serted in Section 6; as a sub-section to be known as Sec- tion 6 (a) ; (5a),
The wording to be suggested by the Town Counsel
2. That Section 5 (a) ; (9) be deleted in its entirety and inserted as Section 6 (a) ; (5b)
3. That all references to the two foregoing deletions as appearing in Section 5 (b) and (d) be inserted in Section 6 (b) and (d) the wording to be suggested by the Town Counsel
4th Amendment: Voted the following amendments to Section 6 (a) that there be added a new sub-section hereunder to be known as sub-section 5a which shall read as follows :
Clubs, lodges, and social center buildings 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 that permitted in Section 6 a5.
5th Amendment: Voted there be added a new sub- section thereunder to be known as sub-section (5b) which shall read as follows:
Hospitals, sanitariums or charitable institutions, 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.
6th Amendment: Voted that the following sentence be inserted in section 6 (b) at the end of the second
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sentence "other permitted buildings such as clubs, lodges, and social buildings shall not exceed fifty (50) feet in height."
7th Amendment: Voted that the following para- graph shall be inserted in Section 6 (d) at the end of the first paragraph thereof :
"Buildings enumerated in paragraph (a), (5b) shall be located at least twenty-five (25) feet from each side lot line."
Voted to adjourn meeting until October 11, 1950 at 7:30 P.M.
ADJOURNED SPECIAL TOWN MEETING OCTOBER 11, 1950
Meeting called to order by the Moderator according to the call of the warrant, a quorum declared present, and under:
Article 23. Voted to adopt Zoning Map and Zoning By-law as amended. YES-106 NO-31.
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 General 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 Zoning 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 ade- quate light and air; to prevent the over-crowding of land;
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to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and to in- crease 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 "Build- ing 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 Build- ing Zone Map.
Section 3. Definitions.
In construing this By-law the following words shall 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, arrranged or intended to be used."
(2) ACCESSORY BUILDING. A subordinate building, 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.
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(5) APARTMENT HOUSES. A building of fire resisting construction, as herein defined, having accom- modations 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 awning 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 set- backs and side or rear yards.
(9) BUILDING, ACCESSORY. An accessory build- ing, as defined in paragraph (2) hereof.
(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.
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(15) DETACHED. Separated from.
(16) DWELLING. A building exclusively as a residence for one or more families.
(17) DWELLING, SEMI-DETACHED. A semi- detached 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 (1/2) 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 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
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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 cooking 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 employed in a practice of engineering as defined in Gen- eral 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
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or education in primary, elementary or high school grade, on an 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 liveli- hood.
(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 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.
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