[Added 3-19-2007 by TOR-2007-1]
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:
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
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.
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.
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.
The exterior design of the structure shall be maintained to the greatest extent possible.
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.