USA > Massachusetts > Hampden County > Agawam > Town of Agawam, Massachusetts annual report 1946-1950 > Part 55
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(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
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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 followed 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 in- dicated by the Building Zone Map, no building or other structure shall be erected, altered or used, and no land shall be used or occupied for any purpose except one or more of the following :
(1) A one (1) family dwelling for one (1) house- keeping unit only.
(1a) 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 building exclusive of the basement. No display, sign or other advertising device shall be per- mitted except an interior illuminated, reflective or non- illuminated professional name plate having an area of not more than one hundred forty-four (144) square inches.
(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
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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, ex- isting 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 acces- sory 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 vehicles shall be parked on a lot in the open. These space regulations shall apply to vehicles regularly left on the lot, whether housed or in the open.
(7) An accessory building shall not be used for resi- dence purposes except by a person employed on the prem- ises and his immediate family, and only if located in the rear of the principal building and with no immediate 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
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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 build- ing on either side thereof facing the same street and within the same block and zoning district. When the set- backs required in this section exceed sixty (60) feet, such setbacks 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, stables, 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 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
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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 accesory 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) per cent 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 ex- cept 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 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 direct- ly across the street therefrom. Where the petitioner is
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the owner of a lot on either side, in the rear or across from the property for which a variation is requested, such lot shall be omitted, in which case, written consent and approval 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 peti- tioner's property, the owner of the lot which abuts the greater length on the petitioner's property shall be deemed "the owner of the lot adjacent to the petitioner's prop- erty" as used in the first or second clause of the first sen- tence of this paragraph.
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 sub- stantially in accordance with the principals herein set forth, as may be determined by the Board of Appeals. The power to authorize such variation of the use of ex- isting 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 vicin- ity and will be in harmony with the general purpose and intent of this Zoning By-law. Each case shall be con- sidered on its own merits and no case shall raise a pre- sumption in favor of any other case. No decision of the Board of Appeals shall be considered as changing or af- fecting the zoning of any Residence A-2 District; but de- cisions 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, Sec- tion 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 wherein one of the residents is the sole operator. The space oc- cupied by such office, studio, or parlor shall not exceed twenty (20) per cent 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
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name plate 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 comunity center buildings serv- ing 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 per cent (25%) 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) Telephone exchange buildings.
(10) 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; and provided further, that 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 illu- minated, reflective or non-illuminated announcement sign having an area of not more than one hundred forty-four
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(144) square inches may be displayed. No private way or walk shall give access across or upon a lot in a Resi- dence A-2 District to a business or industry on an adjoin- ing 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 enclos- ure or building for the keeping of poultry shall be acces- sory to a dwelling existing on the same lot or on an abut- ting lot.
The keeping and raising of livestock, and pigeons, whether for the table or other purposes, or other like oh- jectionable uses are prohibited.
(11) 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 área, or frac- tion thereof, nor more than five (5) horses or motor vehicles, 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%) tons weight or capacity. Space for motor vehicles shall not be leased nor rented for commercial 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.
(12) Not more than one (1) house trailer may be kept on the premises. The trailer shall not be used for living quarters while so located. Space shall not be leased or rented for trailers.
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(13) 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, and community center buildings, and other uses permitted in paragraph (5) 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.
(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 sev- enty (70) per cent 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)
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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.
(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 dimension.
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) per cent 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.
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(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 facilities do not occupy more than seventy-five (75) per cent of the first floor area of such building.
(5a) 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 (a) (5).
(5b) 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.
(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 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.
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(b) HEIGHTS. A dwelling or lodging house shall not exceed two and one-half (21%) stories, or thirty-five (35) feet. Churches, schools, colleges, libraries, town buildings, clubs, lodges, social center buildings, hospitals and such institutional buildings shall not exceed fifty (50) feet in height. Chimneys, steeples and flag or radio poles are exempt from the height provisions.
Accessory buildings or structures, including private garages, shall not exceed seventeen (17) feet in height for a one (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) 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 twenty (20) feet of the 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, 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
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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 (21/2) story buildings the side yard shall be not less than fifteen (15) feet wide in its least dimension.
A hospital, or other buildings permitted by para- graph (5b) above, 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 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. One (1) story accessory buildings shall be placed at least five (5) feet from the rear lot line, and one and one-half (11/2) 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) per cent of the area of the lot on which it is located. Section 7. Agricultural Districts.
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