USA > Massachusetts > Hampden County > Agawam > Town of Agawam, Massachusetts annual report 1946-1950 > Part 56
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(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 :
(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 offered 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 portable wood working mills and machinery, for process-
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ing 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.
Dwelling, 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.
(f) LOT COVERAGE. There shall be no lot cov- erage 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 Reg. 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
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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 part for any fabricating, manufacturing, converting, altering, finishing or assembling.
(3) One (1) story public garages for storage or repair 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 licensed under Sections 32 A to 32 E 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
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not exceed the height permitted in Residence B Districts. (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 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 de- voted in whole or in part to residence or other purposes permitted in paragraph (a) -(1) of this Section shall com- ply 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) per cent of the area of the lot on which it is located. A building devoted in whole or in part to resi- dence or other permitted purposes in this zone under paragraph (a)-(1) of this Section, shall comply with the requirements 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 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-
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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 Section 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 necesary 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 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) per cent 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
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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.
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).
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Soap, tallow, grease or lard manufacture. Slaughterhouse.
Sulphurous, sulphuric, nitric or hydrochloric acid manufacture.
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 buildings 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, ele- vator 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 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) per cent 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
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of this By-law or any amendment thereof. He shall refuse to grant a permit for the construction, addition, altera- tion or change of use of any building, structure, or prem- ises if such proposed construction, addition, alteration or change of use would be in violation of any of the provi- sions 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 viola- tion 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 accompanied 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 ap- proved 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 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 building or structure and its uses, as well as the uses of all the premises, are in conformity with the provisions of this By-law.
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(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 applied for on a form furnished by the Building Inspector. Such application shall 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 buildings 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 to any alteration of a building or structure when the same would amount to reconstruction, extension or structural change, and to any alteration of a building or structure, to provide for its use for a purpose or in a manner sub- stantially 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 dis- trict in which it is located.
A building, structure, or land, which at the time of
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the enactment of this By-law is being put to a non-con- forming 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 Ap- peals.
(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) per cent of the building or structure, exclusive of foundations, has been so damaged or des- troyed, 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 evi- denced 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-conform- ing use shall not thereafter be re-established and all fu- ture 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 WALL. 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
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restoration to a safe condition of any building or wall declared 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 ma- sonry 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 exists for motor vehicles with- in one hundred (100) feet measured along the street line of property on which there is a school, library, church, playground, 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- vided, in which nothing shall be erected or maintained he- tween 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 Residence, Agricultural or Business District, the removal for sale of sod, loam, clay, sand, gravel or quarried stone, except when incidental to and in connection with the construc- tion of a structure on the premises for which a permit has been issued, or incidental to the grading and develop- ment 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
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permit. The Board of Appeals shall in each instance impose 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 accep- tance 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.
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
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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 reference in a By-law which has not been repealed, to provisions of By-laws which are revised and re-enacted herein shall be construed as applying to such provisions as so incorporated herein. All By-laws or parts of By- laws heretofore passed, inconsistent herewith, are hereby repealed.
Section 22. Validity.
The invalidity of any section or provision of this By- 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.
Article 24. Voted to extend a vote of thanks to Planning Board.
Voted to adjourn at 8.20 P. M.
BRANDON N. LETELLIER Town Clerk
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ELECTION WARRANT -STATE PRIMARY
THE COMMONWEALTH OF MASSACHUSETTS Hampden ss
To either of the Constables of the Town of Agawam
Greetings:
In the name of the Commonwealth you are hereby required to notify and warn the inhabitants of said town who are qualified to vote in Primaries to meet in their respective polling places, namely :
Precinct A. Katherine B. Danahy School
Precinct B. Clifford M. Granger School
Precinct C. Benjamin J. Phelps School
Tuesday, the Nineteenth Day of September, 1950 at 10:00 o'clock A.M. D.S.T. for the following purposes :
To bring in their votes to the Primary Officers for the Nominations of Candidates of Political Parties for the following offices :
Governor-for this Commonwealth
Lieutenant Governor-for this Commonwealth
Secretary of the Commonwealth-for this Common- wealth
Treasurer and Receiver-General-for this Common- wealth
Auditor of the Commonwealth-for this Common- wealth
Attorney General-for this Commonwealth
Representative in Congress-for Second Congres- sional District
Councillor-for Eighth Councillor District
Senator-for Hampden, Hampshire and Berkshire Senatorial Districts
Two Representatives in General Court-for Eleventh Hampden Representative District
District Attorney-for Western District
County Commissioner (Except Nantucket & Suffolk Counties)-for Hampden County
Sheriff-for Hampden County
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County Commissioner (To fill vacancy)-for Hamp- den County
The polls will be open from 10:00 A.M. to 8:00 P.M. Daylight Saving Time.
Hereof fail not and make return of this warrant with your doings thereon at the time and place of said meeting.
Given under our hands this First day of September A.D., 1950.
EDWARD W. TALMADGE WALTER T. KERR FREDERICK C. EMERSON Selectmen of Agawam
I have served the above warrant as directed on this 5th day of September, 1950.
Attest :
JASPER DEFORGE,
Constable
STATE PRIMARY
According to the foregoing warrant voters assembled in their polling places on September 19, 1950 Report of Precinct Officers Precincts
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