[Added 3-19-2007 by TOR-2007-1[1]]
The purpose of this article is to create an
overlay district to allow for the conversion of Agawam's historic
structures while preserving the character of nearby residential neighborhoods;
to encourage the preservation, reuse and renovation of historic properties;
and to promote diversified housing opportunities.
The Historic Preservation (HPOD) Overlay District
shall be applied in all zoning districts. Within the HPOD all regulations
of the underlying district(s) shall continue to be in full force and
effect, except where these regulations supersede such underlying requirements
or provide an alternative to such requirements.
An historic structure or historic place must
meet one of the following criteria:
A.
Be included in the Agawam Inventory of Historic Structures
prepared by the Agawam Historical Commission, as amended from time
to time, including buildings listed for which complete surveys may
be pending; or
B.
Be listed on or be within an area listed on the National
Register of Historic Places or be subject of a pending application
for listing on the National Register of Historic Places, or have been
determined to be eligible by the Massachusetts Historical Commission
for listing, either individually or within an historic district, on
the National Register of Historic Places.
A.
Existing buildings being converted under the terms
of this article are not subject to the minimum lot area, minimum setbacks,
maximum building height, or maximum number of stories requirements
listed in the underlying district. Additions or alterations to the
existing structures are subject to the height and setback requirements
of the underlying district.
B.
Existing buildings on existing lots that are deficient
in frontage may be converted under the terms of this section without
a variance, but existing lots which meet or exceed the minimum required
frontage may not be subdivided in such a manner as to leave the existing
building on a lot that lacks the minimum required frontage.
C.
The exterior design of the structure shall be maintained
to the greatest extent possible.
D.
The original building area is not to be increased
more than 10% of its gross floor area. Additions and alterations made
to comply with the requirements of the Americans with Disabilities
Act are not subject to this limit.
The Agawam City Council may grant a special permit to authorize actions upon and uses of historic structures and historic places that exceed those allowed in the underlying district, if such actions or uses comply with the requirements of this section, § 180-11, and are in the Town of Agawam's best interest to preserve and enhance historic structures and historic places.
Whenever an application for such a special permit
is filed with the City Council, the applicant shall also file, within
five working days of the filing of the completed application, copies
of the application, accompanying site plan, and other documentation
to the Agawam Historical Commission, the Agawam Planning Board, the
Agawam Health Department, the Agawam Fire Department and the Agawam
Safety Officer for their consideration, review and report. The copies
necessary to fulfill this requirement shall be furnished by the applicant.
Reports from other boards and officials shall be submitted to the
City Council by the date of the public hearing, but in any case within
35 days of the receipt of the reviewing party of all of the required
materials; failure of these reviewing parties to make recommendations
after having received copies of all such required materials shall
be deemed a lack of opposition thereto.
