[Added 6-2-2014 by TOR-2014-4]
The scope of this article is to regulate mixed-use development
in appropriate areas of the Town and to protect the public health,
safety, and general welfare in the Town of Agawam by establishing
controls that will facilitate flexible development while protecting
the public interest.
A.
The purpose of this article is to foster a greater opportunity for
creative development by providing guidelines which encourage a mix
of uses compatible with existing and neighboring properties, to provide
housing and business uses in locations where a variety of Town services
are available, to promote utilization of existing buildings and property,
and to encourage the provision of open areas.
B.
The intent, furthermore, is to encourage interaction among activities
located within a mixed-use development, to enhance business vitality,
reduce vehicular traffic, provide employment opportunities for residents
close to home, ensure the compatibility with each other of the commercial
and residential uses, and ensure that the appearance and effects of
buildings and uses are harmonious with the character of the area in
which they are located by:
(1)
Allowing a diversity of uses in close proximity in the district
within a limited area, including residential, commercial, and office;
(2)
Accommodating mixed-use buildings with neighborhood-serving
retail, service and other uses on the ground floor and residential
units above;
(3)
Encouraging development that exhibits the physical design characteristics
of pedestrian-oriented storefront-style shopping streets;
(4)
Promoting the opportunity for people to work, meet, shop and
utilize services in the vicinity of their residences;
(5)
Providing opportunities for the development of affordable housing;
(6)
Providing opportunities for a mixture of uses in the same building;
(7)
Promoting a positive pedestrian environment in the district;
(8)
Facilitating integrated physical design;
(9)
Promoting a high level of design quality;
(10)
Encouraging the development of flexible space for small and
emerging businesses;
(11)
Facilitating development proposals responsive to current and
future market conditions; and
(12)
Encouraging the development of open spaces and parks within
the district to accommodate workers, residents, pedestrians, and shoppers.
A.
The Agawam Mixed-Use Business C District shall include the properties
listed below. These properties are included by reason of their potential
to provide a flexible development area aligned with the purpose of
this article.
|
Assessor's Map, Block and Lot
| |
|---|---|
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I14-5-34
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I15-9-1
| |
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J15-1-1
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J15-1-2
| |
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J15-1-3
| |
|
J15-4-1
| |
|
J15-4-2
| |
|
J15-4-3
| |
|
J15-4-4
| |
|
J14-3-3
| |
|
J14-3-4
| |
|
J14-3-5
| |
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J14-3-7
| |
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J14-4-1
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J14-4-2
| |
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J14-4-3
| |
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J14-4-5
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J14-4-6
| |
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J14-4-7
| |
|
J14-4-8
| |
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J14-4-9
| |
|
J14-5-8
|
B.
The provisions of this § 180-141 shall be administered by the Planning Board, except as otherwise provided herein.
C.
The Planning Board may waive any information requirements it judges
to be unnecessary to the review of a particular plan. Such waiver
decisions must be documented in writing by the Planning Board.
The following definitions shall apply to all mixed-use applications
under these zoning ordinances:
Housing for adults, with services provided, such as meals,
laundry, and housekeeping.
Services used in the conducting of business and commerce,
including only:
A coffee house or small restaurant, often with an enclosed
or outdoor section extending onto the sidewalk.
A space, located on a lot, built for access to a garage or
off-street parking or loading space.
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food directly to the customer in
a ready-to-consume state for consumption either within the restaurant
building or off the premises. Orders are not generally taken at the
customer's table, and food is generally served in disposable wrapping
or containers.
A single unit (e.g., studio, loft, or one-bedroom) consisting
of both a commercial/office and a residential component that is occupied
by the same resident. The live/work unit shall be the primary dwelling
of the occupant.
The area of a lot covered by the footprint of all structures,
as well as decks, balconies, porches, and similar architectural features
and driveway areas, expressed as a percentage of the total lot area.
The development of a tract of land, building, or structure
with two or more different uses, such as, but not limited to, residential,
office, commercial, institutional, or entertainment, in a compact
village form, with vehicular access to an accepted public way. A proposed
mixed-use development shall demonstrate that the project shall be
served by Town water and sewer service upon completion of the proposed
development.
A strong and unpleasant smell, for example, a garbage or
chemical smell.
Establishments primarily engaged in providing services involving
the care of a person or his/her apparel, including but not limited
to:
Laundering, dry cleaning and garment services not exceeding
5,000 square feet of floor area per establishment;
Coin-operated laundries;
Shoe repair;
Photographic services;
Beauty and barber shops;
Apparel repair and alteration;
Funeral services;
Health clubs;
Clothing rental.
Services performed by professional persons for business and
personal use, including but not limited to:
Age-restricted multi-unit housing for adults 55 and older,
or handicapped persons, with self-contained living units for older
adults who are able to care for themselves. Usually no additional
services such as meals or transportation are provided.
An eating establishment with turnover rates generally of
at least one hour or longer, serving food intended for consumption
on the premises.
Can consist of tree planters, brick pavers, and benches with
a minimum width of five feet.
A.
Uses allowed by right with site plan review in a mixed-use development.
(1)
Mixed-use developments may be constructed in the Mixed-Use Development Overlay District with site plan review by the Planning Board in accordance with § 180-13. The following uses may be included by right with site plan review within a mixed-use structure in a mixed-use development:
(a)
Retail uses;
(b)
Sit-down restaurants;
(c)
Cafes and outdoor dining areas;
(d)
Multifamily residential uses;
(e)
Home occupations;
(f)
Professional service offices;
(g)
Personal service establishments;
(h)
Municipal uses;
(i)
Banks or financial institutions, automated teller machines (ATMs);
(j)
Health club;
(k)
Townhouses (single-family dwellings connected by one or more
walls);
(l)
Cinema, theater, or auditorium;
(m)
Park, recreation or playground;
(n)
Artist studio/residence;
(o)
Assisted-living residential uses, senior apartments and senior
housing;
(p)
Artisan manufacturing or production (hand tools only, e.g.,
jewelry or ceramics);
(q)
Civic uses;
(r)
Live/work units;
(s)
Multiple uses in the same structure;
(t)
Bars and cocktail lounges.
(2)
The above uses are not allowed as stand-alone structures in
this district.
B.
Special permit uses in a mixed-use development.
C.
Prohibited uses in a mixed-use development.
D.
Same-structure/on-site mixed-uses.
(1)
Within an approved mixed-use development, there shall be no
restriction on combining different categories of use within the same
building except any imposed by the State Building Code or other federal,
state, or local regulations.
(2)
No mixed-use development shall have more than 75% of the total
square footage in the development used for residential uses, including
multifamily uses, assisted living and senior housing.
E.
F.
Dimensional requirements. The dimensional requirements applicable
to the Mixed-Use Overlay District are shown in the Table of Dimensional
and Density Regulations below:
|
Table of Dimensional and Density Regulations
for the Mixed-Use Business C District
| |||||||
|---|---|---|---|---|---|---|---|
|
Minimum Lot
Area
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Minimum Frontage
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Minimum Front Yard
|
Minimum Side Yard
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Minimum Rear Yard
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Maximum Height
|
Maximum Lot
Coverage
|
Maximum
Setback
|
|
0 square feet
|
25 feet
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10 feet
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0 feet
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20 feet
|
45 feet/3 stories
|
75%
|
15 feet
|
To the extent feasible, all mixed-use developments must meet the performance standards in § 180-144 A through O below. No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes, excessive odor, noise, vibration or excessive light violating the standards set forth in the performance criteria in this § 180-144 A through Q. Any other performance standards of the Town shall also apply to uses conducted under this § 180-144 of the Agawam Zoning Ordinance.
A.
Access and traffic impacts:
(1)
Traffic and safety impacts to the existing and proposed roads
shall be minimized.
(2)
Access provided via shared curb cuts shall be encouraged. Curb
cuts shall be as narrow as is feasible, without resulting in traffic
safety issues.
(3)
Pedestrian and vehicular traffic shall be separated, and walkways
shall be provided for access to adjacent properties and between businesses.
(4)
Plans must illustrate provisions for safe automobile, pedestrian
and bicycle circulation. Provisions must be made for motor vehicle,
bicycle, and pedestrian circulation connections to adjacent lots.
(5)
The Planning Board shall require a detailed traffic study for
the following uses:
(a)
High-volume-traffic-generating uses with a trip generation rate
over 700 vehicles/day (based on Institute of Transportation Engineers
rates found in trip generation);
(b)
The construction of a new mixed-use development structure of
more than 25,000 square feet in gross floor area; and
(c)
Any external enlargement that brings the mixed-use development
total to 25,000 square feet gross floor area for all structures.
(6)
The Planning Board may waive any or all requirements for a traffic
study for external enlargements of less than 2,000 square feet of
gross floor area in excess of the 25,000 square feet gross floor area
threshold. The traffic impact statement shall contain:
(a)
The projected number of motor vehicle trips to enter or leave
the site, estimated for daily and peak-hour traffic levels;
(b)
The proposed traffic flow pattern for both vehicles and pedestrian
access shall be described and related to the site plan, including
vehicular movements at all major intersections likely to be affected
by the proposed use of the site;
(c)
Traffic flow patterns at the site, including entrances and egresses,
loading and unloading areas, and curb cuts on site and within 100
feet of the site;
(d)
A detailed assessment of the traffic safety impacts of the proposed
project or use on the carrying capacity of any adjacent highway or
road, including the projected number of motor vehicle trips to enter
or depart from the site estimated for daily hour and peak-hour traffic
levels, road capacities and impacts on intersection. Existing daily
and peak-hour traffic levels and road capacities shall also be given;
(e)
A parking lot vehicle traffic and pedestrian circulation plan
shall be designed to minimize conflicts and safety problems.
B.
Noise:
(1)
In order to protect, preserve, and promote the health, safety,
welfare, and peace and quiet of the inhabitants of Agawam through
the reduction, control, and prevention of such loud or raucous noise
that unreasonably disturbs, injures, or endangers the comfort, privacy,
repose, health, peace or safety of reasonable persons, all noise levels,
measured at a height of four feet above the ground surface at all
property lines, using a sound meter which meets the most current American
National Standards Institute's Specification for Type II Sound Level
Meters, must not exceed the following standards:
|
Time of Day
|
Maximum Sound Level (dBA)
| |
|---|---|---|
|
7:00 a.m. to 7:00 p.m.
|
65*
| |
|
7:00 p.m. to 11:00 p.m.
|
50
| |
|
11:00 p.m. to 7:00 a.m.
|
45
|
|
* Note:
| ||
|---|---|---|
|
65 dba = normal conversation
| ||
|
50 dba = noise level of a normal working refrigerator
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|
45 dba = a quiet library
| ||
(2)
These standards shall not apply to power tools and equipment
(i.e., lawn mowers, leaf blowers, sweepers, etc.) used in the normal
maintenance of the site's outdoor areas (i.e., lawn, garden, parking,
etc.). Such outdoor maintenance shall be limited to between the hours
of 8:00 a.m. and 7:00 p.m.
C.
Emissions and odors:
(1)
Emissions and odors shall be completely and effectively confined
within the building or so regulated as to prevent any nuisance, hazard,
or other disturbance from being perceptible (without the use of instruments)
at any lot line of the premises on which the use is located. No emissions
are permitted which can:
(2)
The determination of what emissions are in violation of this
provision shall be made by the Zoning Enforcement Officer or his/her
designee, taking into consideration all of the following:
(a)
The level of the odor;
(b)
The nature of the odor is usual or unusual;
(c)
The origin of the odor is natural or unnatural;
(d)
The level of the ambient odor;
(e)
The proximity of the odor to living/sleeping facilities;
(f)
The nature and zoning of the area from which the odor emanates
and the area where it is received;
(g)
The duration of the odor; and whether the odor is recurrent,
intermittent, or constant.
D.
Lighting:
(1)
Lighting systems should be designed, constructed, and installed
in a manner that controls glare and light trespass, minimizes obtrusive
light, conserves energy and resources while maintaining safety, visibility,
security of individuals and property and curtailing the degradation
of the nighttime visual environment. Evenly distributed lighting throughout
a site will minimize impacts on surrounding neighborhoods and increase
efficiency. By directing light where it is needed and only the intensity
necessary to serve the intended purpose, these standards will prevent
glare and its harsh shadows and blind spots.
(2)
All lighting shall comply with the following:
(a)
Except for approved exterior lighting, operations producing
glare shall be conducted entirely within an enclosed building. No
direct or sky-reflected glare, whether from floodlights or from high
temperature processes such as welding shall be permitted beyond its
lot lines onto neighboring properties, or onto any street.
(b)
Exterior lighting, including but not necessarily limited to
lighting of exterior walls of buildings from an external light source,
lighting of parking areas, and lighting of walks and drives, shall
be done in such a manner as to direct light away from adjacent lots
and public ways.
(c)
All outdoor light fixtures and illuminated signs shall be designed,
located, installed and directed in such a manner as to prevent light
trespass beyond the property line and light above a ninety-degree
horizontal plane. If necessary, an applicant may need to provide photometric
plans and/or manufacturing specification sheets to show conformance
with these standards.
(d)
All nonessential lighting, including display, parking, and sign
lighting, shall be turned off after business hours, leaving only the
lighting necessary for site and pedestrian security, crime prevention
and streetlighting.
(e)
All lighting shall be recessed and shielded to prevent off-site
glare.
(f)
Site lighting shall conform to the following output standards:
|
Maximum
(footcandle)
|
Site Average
(footcandle)
|
Footcandle at Property Line
| |
|---|---|---|---|
|
5
|
2.5
|
0
|
E.
Storage:
(1)
All materials, supplies and equipment shall be stored in accordance
with Fire Prevention Standards of the National Board of Fire Underwriters
and shall be screened from view from public ways and abutting properties.
F.
Waste disposal:
(1)
Waste disposal shall follow state and Town Board of Health regulations.
(2)
Storage of waste and waste facilities shall be screened from
view from public ways and neighboring properties.
(3)
Appropriate provisions shall be made for the disposal of trash,
which may include, but shall not be limited to, the provision of trash
compactors within the building or on site, as well as a signed annual
contract for rubbish removal.
(4)
Dumping of dumpsters shall be limited to weekdays between the
hours of 7:00 a.m. and 11:00 p.m. only. Dumpsters must be fenced,
gated and screened from view.
G.
Loading/unloading:
(1)
The Planning Board may require that operations, including loading
and unloading, shall be limited to weekdays between the hours of 7:00
a.m. and 11:00 p.m. only.
(2)
Loading and unloading platforms and doorways specially designed
for loading/unloading are prohibited on the front side of any building.
H.
Walkways:
(1)
For public convenience, a pedestrian and/or bicycle way or sidewalk
system shall connect all uses on the site and otherwise provide appropriate
circulation or continuity to an existing pedestrian or bicycle circulation
system. These uses include, but are not limited to, residential, parking,
transit, bicycling, recreation, and commercial uses.
(2)
Walkways and sidewalks must conform to requirements of the Americans
with Disabilities Act (ADA) and the Massachusetts Architectural Access
Board (MAAB).
(3)
Sidewalks are required along all Town streets. A treebelt is
required adjacent to sidewalk areas. The Planning Board can waive
treebelt requirements in situations where they determine that local
conditions warrant.
(4)
The development should provide internal and/or public pedestrian
connections that are direct, convenient and pleasant with appropriate
amenities (e.g., attractive sidewalks and benches).
I.
Vehicular access, parking and loading, and shared parking requirements:
(1)
Parking shall be located to the side or rear of buildings. In
no case shall parking be allowed in the treebelt adjacent to the sidewalk
or within the front setback of any lot.
(2)
Parking spaces may be located either on or off the lot. Applicant
must show proof of space, dedicated to the use, its location relative
to the building, and must indicate if the space is owned or leased.
(3)
Buildings that do not have frontage on a street must provide
access for emergency and service vehicles through the layout and design
of driveways, interior service roads, or pedestrian and bicycle circulation
corridors.
(4)
The Planning Board may allow shared parking in a mixed-use development.
(5)
A parking study shall be required for all new structures within
the district. A parking study is not required for reuse of existing
structures. A formal parking study may be waived for small developments
where there is established experience with the land use mix and its
impact is expected to be minimal. If standard rates are not available
or limited, the applicant may collect data at similar sites to establish
local parking demand rates.
K.
Development and design standards:
(1)
Existing buildings shall be reused for mixed-use developments,
where feasible, as a priority over new construction.
(2)
Buildings or structures that are listed or eligible for inclusion
on the National Register of Historic Places and/or the Massachusetts
Register of Historic Places shall be converted, constructed, reconstructed,
restored or altered to maintain or promote the status of the building
or structure on, or eligibility for inclusion on, the State or National
Register of Historic Places.
L.
Signs:
(1)
Signs shall conform to the existing ordinances of the Town of Agawam in §§ 180-75 through 180-89.
(2)
Permitted signs include signs located within the sign band on
building facades; awning signs; hanging signs projecting from building
facades; window signs and unmovable freestanding signs.
(3)
Temporary signs permitted include political signs; special events
signs; and for-sale or for-lease signs.
(4)
Prohibited signs include flashing signs; roof signs; movable
signs; internally lit plastic signs.
(5)
Each business may display not more than two permanent signs.
(6)
Sign materials should be durable and easy to maintain. Signs
may be constructed of wood, metal, stone, gold leaf, glass, canvas
or stained glass or encased in a wooden frame.
(7)
Sign illumination may include external white light illumination,
provided it is shaded from view off the premises, and neon.
(8)
Sign size. Signs may not exceed 16 square feet in area.
(9)
Sign height. Freestanding pole signs shall have a maximum height
of 10 feet; other freestanding signs shall have a maximum height of
four feet.
M.
Landscaping requirements:
(1)
Screening of mechanical equipment, trash, and loading areas
shall be provided through the use of walls, fences, and/or dense,
evergreen plant materials.
(2)
The landscaped perimeter area shall have a minimum width of
at least five feet and can consist of tree planters, brick pavers,
and benches.
(3)
Landscaping shall be provided for driveways and other vehicular
use areas to provide visual and climatic relief from broad expanses
of pavement and to channelize and define logical areas for pedestrian
and vehicular traffic.
(4)
Interior parking areas shall be landscaped with sufficient shade
trees to provide 50% shade within 15 years of installation.
(5)
Completion of the landscaping requirements may be postponed
due to seasonal weather conditions for a period not to exceed six
months from the time of project completion.
N.
Green infrastructure and stormwater runoff:
(1)
To the extent feasible, mixed-use development projects shall
recharge all stormwater on site. The use of green infrastructure strategies
for stormwater recharge, such as permeable pavements, tree box filters,
green streets, rain gardens, stormwater infiltration basins and green
roofs, are strongly encouraged.
(2)
Applicants' site plans shall indicate how the proposed development
addresses green infrastructure and stormwater recharge.
O.
Maintenance of landscaping and screening:
(1)
All landscaping and screening shall be maintained by the property
owner.
(2)
Landscaping and screening plant materials shall not encroach
on the public walkways or roadways in a way that impedes pedestrian
or vehicular traffic or visibility.
(3)
Shrubs or trees that die shall be replaced within one growing
season.
P.
Appearance/architectural design:
(1)
Architectural design shall be compatible with the historic character
and scale of buildings in the neighborhood and the Town of Agawam
through the use of appropriate building materials, screening, breaks
in roof and wall lines and other architectural techniques.
(2)
In making its decision, the Planning Board may consider whether
the building design is compatible with the following design guidelines:
(3)
Variations in architectural detail, form and siting shall be
used to provide visual interest and avoid monotony.
(4)
Existing buildings subject to reconstruction or rehabilitation
and proposed buildings shall be compatible with the historic character
and scale of contiguous buildings within the immediate neighborhood
vicinity.
(5)
Proposed buildings should relate harmoniously to each other.
(6)
Buildings shall be designed so that retail, restaurant, and
personal-service establishments are strongly encouraged to be located
on the ground or below-grade building levels.
(7)
The entire building facade must be oriented to front and side
street property lines and must be located within 15 feet of such property
lines, with sidewalks in front of buildings.
(8)
Public open spaces, such as plazas and pocket parks, are encouraged
within the development.
Q.
Outdoor dining:
(1)
Outdoor dining shall be permitted by right, as an accessory
use for any restaurant use, and must comply with the following standards:
(a)
Alcohol may be served to and consumed by patrons in outdoor
dining areas, provided that all necessary licenses are acquired. These
licenses are to be gathered through the Liquor Commission, the Building
Department and the Board of Health.
(b)
The hours of operation of outdoor dining areas may be equal
to or less than the hours of operation of the main restaurant. Dining
areas which abut residential areas must end outdoor dining and seating
by 11:00 p.m.
(c)
Litter must be cleaned up regularly.
A.
A density bonus may be provided by the Planning Board, in return
for provision of affordable housing, if the following criteria are
met:
(1)
At least 10% of the total dwelling units in a mixed-use development
may be designated as affordable housing. Affordable housing will be
defined as those residential units affordable to a household earning
up to 80% of the median income in Agawam's statistical area.
(2)
The affordable housing units shall include resale, lease or
rental controls that will ensure continued affordability by future
low- and moderate-income households. Deed restrictions or similar
devices shall be used to limit future sale or rental prices for these
purposes.
(3)
The affordable units may be located in an existing structure
if their construction constitutes a net increase in the number of
dwelling units in the development.
