Mayors Message

Mayor Will Reichelt

14 April 2016
Greetings Stakeholders:
During the past three months the Planning and
Development Department and I have reviewed and
revised the Towns Zoning Ordinances in their entirety.
The goal of this undertaking has been to better control and
further encourage development in line with my 5-Point
Plan. These ordinances are crucial they shape our
community and I hope reviewing them will enhance the
towns attractiveness and efficiency.
Since the Town first adopted zoning, back in 1923, there have been a multitude of changes to
various sections but never a consolidation alongside innovative and forward-thinking improvements.
Here are some highlights of the changes up for consideration:

Re-numbering & Re-ordering ordinance

Updated Purpose section
Updated Definitions section
New definition of lot width
New zoning district added in the Merrick Section, Residence D, which allows for singlefamily residences to be built upon lots which are 5,000 square feet in area, with 50 feet of
frontage, and 50 feet of lot width
Neighborhood Business zoning district eliminated
Special Use zoning districts eliminated, replaced with new Multi-family District and Mobile
Home District
Business B-1 no longer allows multi-family uses
Mixed Use Buildings which allow both commercial & residential uses in BA, BA-1, & CBD.
Section 6 Area, Height, and Bulk Regulations contains a Special Permit which allows
applicants to apply to the Zoning Board of Appeals to deviate from required dimensional
standards in residential zoning districts

New section on Environmental Standards for all developments

New Landscaping section
New Home Occupation section
Complete Streets concept added to guide future developments
Transfer Development Rights concept added, allowing greater density in the receiving area
(already developed) and prevents development on undeveloped land in the sending area.

This is a new beginning, were going to take this new draft and partner with the Town Council
to develop a copy that the community is comfortable with before finally submitting the new Zoning
Ordinance to the full Council and Planning Board for adoption. The process will take time and I will
be asking for significant input from you all as these new rules will define the course of our community
for at least the next 50 years if not beyond.
The Council President and I will announce a Study Committee at the end of the month and
ask that group to provide us with a draft for adoption by the end of fall. As we plan public outreach
sessions over the next six months I will ask, through Channel 15, our website and social media, for
your questions, comments, concerns and ideas.
If you would like to talk about this in person, I hold community hours every Wednesday from
12 to 2pm at Town Hall and every 2nd and 4th Tuesday at the library from 430 to 630pm.
I understand there is some frustration with the current rules and look forward to addressing
those concerns through this endeavor.
Thank you for your time and I look forward to continuing the progress to revitalize West Side.
Sincerely,

William C. Reichelt
Mayor

ZONING ORDINANCE

TOWN
OF
WEST SPRINGFIELD
MASSACHUSETTS
PRINTED APRIL 2016
(Updated April 2016)

Page 1 of 235

Planning Board Members:

Frank Palange
Chairman
Katie Harrington Vice-Chairman
Bev Browne
Secretary
Jayson Lacasse
Carly Camossi
Planning Board Meetings: 1st and 3rd Wednesday of each month
Zoning Board of Appeals Members:
Chet Zymroz
Reid McManis
Andrew Pavlica
Alexander Villar

Chairman
Vice-Chairman
Secretary
Alternate

Zoning Board of Appeals Meetings: 4th Monday of each month

Planning and Development Department:
Douglas Mattoon
Allyson Manuel
Lynn Silver

Director of Planning and Development

Interim Planning Administrator
Administrative Secretary

Patrick Moore
Jay Steup
Frances Roberts

Building Commissioner
Building Inspector
Administrative Secretary

Mark Noonan

Conservation Agent

Planning and Development Department Address:

J. Edward Christian Municipal Office Building
26 Central Street, Suite 20
West Springfield, MA 01089-2764
Phone: (413) 263-3271 Fax (413) 736-4414
E-mail: dmattoon@west-springfield.ma.us
Home Page: www.townofwestspringfield.org
Page 2 of 235

TOWN OF WEST SPRINGFIELD

ZONING ORDINANCE
TABLE OF CONTENTS
SECTION I.
1.0 PURPOSES
1.1 Administration
1.2 Special Permit
1.3 Site Plan Review

Page
6
6
14
18

SECTION II. DEFINITIONS

2.0
Introduction
2.1
Terms Not Defined
2.2
Meanings of Certain Words and Terms

28
28
28
28

SECTION III.
3.0
3.1
3.2
3.3
3.4

54
54
54
55
58
59

ZONING DISTRICTS
Establishment of Districts
Overlay Districts
Purpose of Zoning Districts
Zoning Map
District Boundaries

SECTION IV. EXISTING STRUCTURES, AND USES

4.0
Purposes
4.1
Applicability
4.2
Definition of Nonconforming Uses and Structures
4.3
Alteration or Change of Nonconforming Multi-Family
and Non-Residential Structures and uses
4.4
Alteration and Reconstruction of Nonconforming Single
and Two-Family Structures
4.5
Discontinuance and Re-establishment of Nonconforming Uses
4.6
Restoration and Reconstruction of Damaged Nonconforming
Multi-Family and Non-Residential Structures
4.7
Restoration or Reconstruction of Damaged Noncompliant
Structures
4.8
Restoration or Reconstruction of Damaged Unlawful Structures
4.9
Development of Established Vacant Nonconforming Single-Family
Residential Lots

61
61
56
62
62

SECTION V.
5.0
5.1
5.2
5.3
5.4
5.5

69

USE REGULATIONS
Applicability of Use Regulations
Permitted Uses
Uses Subject to Other Regulations
Prohibited Uses
Other General Use Regulations
Table of Use Regulations

63
64
65
66
67
67

Page 3 of 235

TOWN OF WEST SPRINGFELD

ZONING ORDINANCE
TABLE OF CONTENTS
Continued
Page
81
81
81
94
96

SECTION VI. AREA, HEIGHT AND BULK REGULATIONS

6.0 Applicability of Area, Height and Bulk Regulations
6.1 Table of Area Regulations
6.2 Table of Height and Bulk Regulations
6.3 General Area, Height and Bulk Regulations Applicable in All
Zoning Districts
6.4 Additional Area, Height and Bulk Regulations Applicable in
Business A-1 (BA-1) Districts Only
6.5 Area, Height and Bulk Regulations Applicable in the Central
Business Districts
6.6 Dimensional Relief for all Zoning Districts

99
99
99

SECTION VII. SPECIAL DISTRICT REGULATIONS

7.0 Water Supply Protection District
7.1 Development Within Flood Hazard Overlay Districts
7.2 Mobile Home Parks in the Mobile Home (MH) District
7.3 Multi-Family Dwelling Requirements
7.4 Planned Unit Development (PUD)
7.5 Age Restricted Housing Development in an Age-Restricted
Housing (ARH) Overlay District
7.6 Memorial Corridor (MC) Overlay District

101
101
105
108
111
112
117

SECTION VIII.
8.0
8.1
8.2
8.3
8.4
8.5
8.6
8.7
8.8
8.9
8.10
8.11

130
130
131
131
132
134
135
136
137
142
142
143
143

8.12
8.13
8.14
8.15

122

GENERAL DEVELOPMENT METHODS IN ALL ZONING DISTRICTS

General Development Standards
Common Driveways
Fences
Landscaping
Temporary Structure
Environmental Performance Standards
Home Occupations
Medical Marijuana Treatment Center
Therapeutic Massage Service Establishment
Adult Theaters, Adult Bookstores and Adult Dance Clubs
Sale of Used Motor Vehicles and Trailers
Hospitals, Sanitariums and Medical/Dental Centers, Offices,
Clinics or Laboratories
Recreational Community Center
Junk Yards, Junk Storage, Scrapping of Motor Vehicles and Parts
And Salvage
Warehouse/Retail Trade and Distribution
Repair Garage

143
143
144
144

Page 4 of 235

TOWN OF WEST SPRINGFELD

ZONING ORDINANCE
TABLE OF CONTENTS
Continued
8.16

Regulations with Respect to Wind Energy

8.17 Regulations with Respect to Commercial Ground-Mounted

Solar Photovoltaic Installations
8.18 Wireless Communications Facilities

145
147
153

SECTION IX. OFF-STREET PARKING AND LOADNG STANDARDS

9.0 Off-Street Parking and Loading Standards

162
162

SECTION X. SIGNS
10.0 Signs

176
176

Appendix- Zoning Ordinance Amendment List

186

Page 5 of 235

SECTION I. GENERAL
1.0 PURPOSE
For the purpose of promoting the general welfare, health, safety, and convenience, of its
inhabitants, the Town of West Springfield pursuant to the provisions of Chapter 40A,
Sections 1 to 17 of the General Laws of the Commonwealth, as amended, hereby adopts this
Ordinance, which shall be known and cited as the Zoning Ordinance of the Town of West
Springfield. Further purposes of this Ordinance are to promote economic development of
the Town, encourage the most appropriate use of land, conserve the value of land and
buildings, promote the conservation of natural resources, lessen congestion in the streets; to
secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent
the over-crowding of land; to avoid undue concentration of population; to facilitate the
adequate provisions of transportation, water sewerage, schools, parks and other public
requirements; and to increase the amenities of the municipality.
1.1 ADMINISTRATION
1.1.1

Enforcement

This Ordinance shall be enforced by the Building Commissioner and Inspector of Buildings
and no permit shall be granted for the construction, alteration, relocation or use of any
building, structure or premises in violation of any provision of this Ordinance. Whenever
any permit or license is refused because of some provision of this Ordinance, the reason
therefore shall be clearly stated in writing and kept on file.
1.1.2

Violations

If the Building Commissioner or Inspector of Buildings shall be informed or have reason to

believe that any provision of this Ordinance has been, is being or may be violated, he shall
forthwith make or cause to be made an investigation of the fact and inspect the premises
where such violation may exist. He shall report his findings in writing within fourteen (14)
days to the Mayor and the Planning Board or its designee and if he shall find any such
violation, he shall give notice thereof in writing to the owner or to his duly authorized agent
and to the occupant of the premises and shall order that any use of any premises contrary to
the provisions of this Ordinance shall immediately cease.
1.1.3

Legal Proceedings

If, after such notice, the premises are continued to be used in a manner contrary to the
provisions of this Ordinance, or if any such owner or occupant shall fail to obey any lawful
order of the Building Commissioner or Inspector of Buildings in respect to any violation or
use contrary to the provision of this Ordinance, the Building Commissioner or Inspector of
Buildings shall institute appropriate legal proceedings, either criminal or non-criminal, to
enforce the provision of this Ordinance. In addition, with the approval of the Mayor, the
Building Commissioner or Inspector of Buildings may revoke the permit of occupancy or
take any and all actions necessary to enforce the provisions of this Ordinance.
Page 6 of 235

1.1.4

Penalties; Criminal Disposition

Complaints brought to Superior Court or Housing Court shall carry a penalty of $300.00 for
each violation. Each day on which a violation exists shall be deemed to be a separate
offense.
1.1.5

Penalties; Non-Criminal Disposition

Pursuant to MGL Chapter 40, Section 21D, when enforcing the provisions of this Ordinance
by non-criminal complaint, the Building Commissioner or Inspector of Buildings shall issue
fines of $25.00 for the First Offense; $50.00 for the Second Offense; $100.00 for the Third
Offense and $200.00 for the Fourth Offense and each subsequent Offense. Each day on
which a violation exists shall be deemed to be a separate Offense.
1.1.6

Zoning Ordinance Supersedes Private Restrictions, Etc.

When this Ordinance imposes a greater restriction on the use of buildings, structures or
premises or on height of buildings, or requires larger yards, courts or other open spaces than
are imposed or required by any existing provisions of Ordinances, or by any regulations or
permits, or by any restrictions, easements, covenants, or agreements, the provisions of this
Ordinance shall control.
1.1.7

Occupancy Permits

No building hereafter erected, altered or relocated shall be used and no change shall be made
of the use of any building or of any parcel of land unless an occupancy permit signed by the
Building Commissioner or Inspector of Buildings has been granted to the owner or occupant
of such land or building. Such permit shall not be granted unless the proposed use of the
land or building and all accessory uses comply in all respects with this Ordinance and no use
shall be made of such land or building except the use or uses authorized by such occupancy
permit.
1.1.8

Board of Appeals

A Board of Appeals consisting of three members and three alternate members, is hereby
established. The members and alternate members of said Board shall be appointed by the
Mayor subject to confirmation by the Town Council as set forth in the Charter. All members
of said Board shall be residents of the Town and shall serve without compensation.
1.1.8.1 Powers of the Board of Appeals
The Board of Appeals shall have all the powers vested in it by this Ordinance and by the
laws of the Commonwealth. It shall have the authority to grant variances for use.
1.1.9

Appeals Process

Page 7 of 235

1.1.9.1 Appeals of a decision of the Building Commissioner shall be filed in accordance

with the provisions of M.G.L. C.40A, s.8. The Zoning Board of Appeals shall be the
authority for any appeal of the Building Commissioner or Building Inspector.
1.1.9.2 Appeals of a decision of the Zoning Board of Appeals or of a Special Permit
Granting Authority shall be filed in accordance with the provisions of M.G.L. C.40A,
s.17.
1.1.10

Amendments

This Ordinance may from time to time be changed by amendment, addition or repeal by the
Town Council in the manner provided by law, and all petitions therefore shall be filed with
the Town Clerk, who shall forthwith transmit true copies thereof to the Mayor, the Town
Council and the Planning Board.
1.1.11

Continuance of Former Ordinances and Repeal

The provisions of this Ordinance, so far as they are the same as those of existing Ordinances,
shall be construed as continuations thereof. All Ordinances or parts of Ordinances
theretofore adopted, which are inconsistent with the provisions of this ordinance, are hereby
repealed.
1.1.12

Effect of Partial Invalidity

The provisions of this Ordinance are hereby declared to be severable if any such provision,
or the application of such provision to any person or circumstances, shall be held to be
invalid or unconstitutional, such invalidity or unconstitutionality shall not be construed to
affect the validity or constitutionality of any of the remaining provisions thereof or the
application of such provisions to persons or circumstances other than those as to which it is
held invalid or unconstitutional. It is hereby declared to be the intent of the Town that said
provisions would have been adopted in the event that such invalid or unconstitutional
provision had not been included therein.
1.1.13

Table of Contents. Historical Amendments, and Index

The administrative content of these areas of the Zoning Ordinance may be revised from time
to time by administrative action of the Planning Board.
1.1.14

Ownership of Submitted Materials

The Town of West Springfield shall become the sole owner of all materials submitted to the
Town in connection with the administration of this Zoning Ordinance except as provided for
herein.
1.1.15

When Effective

Page 8 of 235

This Ordinance shall take effect upon adoption by the Town, and publication as provided by
law.

1.2 SPECIAL PERMIT

1.2.1

Purpose

Special Permits are intended to provide detailed review of certain uses and structures which
may have substantial impact upon traffic, utility systems, and the character of West
Springfield and to provide for uses that require careful consideration and exception.
1.2.2

Authority

The Planning Board and the Board of Appeals are hereby declared Special Permit Granting
Authorities, and are authorized to hear and decide upon applications for Special Permits in
accordance with M.G.L. Chapter 40A and the provisions of this Ordinance. The Special
Permit Granting Authority (hereinafter, SPGA) shall hear and approve, approve with
modifications or conditions, or disapprove all applications for Special Permits. No Special
Permit shall be authorized unless specific provision for such Special Permit is made in this
Ordinance.
1.2.3

Special Permit
Table 1-1

Proposed Development or Use

Multi-family dwelling in Multi-family District
Age Restricted Housing
Mobile Home Park
Daycare in all Residential districts and Central Business
District
Rest home, convalescent home, nursing home
Recreation Community Center in all residential districts and
Central Business District
Hospital, sanitarium in Residence A-2, Residence B, and
Residence C
Membership clubs, lodges
Common Driveways in all districts
Indoor recreational uses in Central Business District
Rest home, convalescent home, nursing home in Central
Business District
Drive in, take-out, or fast food restaurants in all districts
Sale of used motor vehicles in Business B
Repair Garage in Business A, Business B, Business B-1, and

Special
Permit
Planning
Board

Special
Permit
Zoning
Board of
Appeals

X
X
X
X
X
X
X
X
X
X
X
X
X

Page 9 of 235

Industrial
Theater, billiard or pool parlor, bowling alley, skating rinks,
and similar indoor recreational uses or places of amusement,
not including carnivals or circuses in Central Business
District
Adult theater, bookstore, and club in Business B
Drive through facilities in all districts
Drive-in, take-out, or fast-food restaurant in the Industrial
zoning district
Tradesman in the Industrial zoning district
Therapeutic Massage Facility in all districts
Personal service establishment in the Industrial zoning
district
Sewage disposal, incineration, reduction of or dumping of
offals, garbage or refuse in Business B and Industrial
Warehouse/retail trade and distribution facility in Industrial,
Industrial Park and Industrial Park Light
Bulk storage in buildings in Industrial Park
Junk yards, junk storage, scrapping of motor vehicles and
parts and the salvage thereof in Industrial
Off-site Medical Marijuana Dispensary
Medical Marijuana Treatment Center/Registered Marijuana
Dispensary
Addition to non-conforming building
Re-construction of a non-conforming building
Reduction or waiver from Section 9.0 Off-street Parking and
Loading Standards

1.2.4

X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X

Specific Finding Required for Special Permit

The SPGA may grant a Special Permit authorized by this Ordinance if the SPGA finds that
the following standards have been reasonably fulfilled. In making its decision the SPGA
must make written findings on the following mandatory standards requiring that a proposed
use, building and/or structure will:
1.2.4.1 Be compatible in type and scale with adjacent land uses and with the character of
the neighborhood in which it is located.
1.2.4.2 Be in harmony with the general purpose and intent of this Ordinance.
1.2.4.3 Constitute no significant hazard to abutters, pedestrians, or vehicles.
1.2.4.5 Constitute no nuisance by reason of excessive air, water or noise pollution.
1.2.4.6 Be in conformity with all applicable Zoning Ordinance requirements.

Page 10 of 235

1.2.5

Special Permit Criteria

The SPGA may include in its written findings, where applicable, consideration of any or all
of the following criteria to be satisfied by the proposed use, building or structure:

Page 11 of 235

1.2.5.1 Access to the site from existing or proposed roads, and to proposed structures
thereon, with particular reference to pedestrian and automotive safety and convenience,
traffic flow and control, and access in case of fire or emergency.
1.2.5.2 The adequacy and configuration of off street parking and loading areas, including
their nuisance and economic impact on adjoining properties and on properties generally
in the district.
1.2.5.3 The availability and capacity of public services, facilities, and utilities.
1.2.5.4 Visual and noise screening and buffering.
1.2.5.5 Harmony of signs and exterior lighting, if any, with surrounding properties.
1.2.5.6 Required yards and open space.
1.2.5.7 The amount and type of wastes to be generated by the proposed use and the
adequacy of proposed disposal systems.
1.2.5.8 The impact of the proposed use on the land, surface water and subsurface water,
and their ability to sustain such use without degradation.
1.2.5.9 The location of the site and proposed buildings or structures thereon, with respect
to flood plains and floodways of rivers or streams.
1.2.5.10 The absence of any other characteristic of the proposed use that will be
hazardous, harmful, offensive or will otherwise adversely affect the environment or the
value of the neighborhood or the community.
1.2.5.11 Provisions for energy conservation, for the use of renewable energy sources, and
for protection of solar access.
1.2.6

Conditions Attached to Special Permits

Upon consideration of the standards and/or criteria listed in Sections 1.2.4 or 1.2.5, the
SPGA may attach such conditions or modifications to a special permit, in addition to those
required elsewhere in this Ordinance, that it finds necessary to further the purposes of this
Ordinance. Violation of any of these conditions or modifications shall be a violation of this
Ordinance. Such conditions or modifications may include, but are not limited to,
specifications for:
1.2.6.1 Increased setbacks and yards;
1.2.6.2 Increased landscaping, screens or buffers;
1.2.6.3 Operational controls;
Page 12 of 235

1.2.6.4 Sureties, deed restrictions, restrictive covenants;

1.2.6.5 Locations of parking and signs; or
1.2.6.6 Any other conditions necessary to fulfill the purposes of this Ordinance.
1.2.7 Repetitive Petitions
No petition or application for a Special Permit under this Section which has been
unfavorably acted upon by the SPGA shall be considered on its merits by said SPGA within
two (2) years after the date of such unfavorable action, except with the consent of all
members of the Special Permit Granting Authority.
1.2.8

Revocation of Special Permits

1.2.8.1 A Special Permit may be revoked or altered by the SPGA if it is determined, after
a public hearing, that information was intentionally misrepresented in order to obtain a
Special Permit or that there has been an abuse and/or misuse of the Special Permit.
Application for revocation or alteration of the Special Permit may be made by the
Building Commissioner or Building Inspector, a party in interest or the SPGA. Such
applications shall be filed with the Town Clerk. A public hearing shall be held by the
SPGA within sixty five (65) days of the filing of the application with the Town Clerk.
1.2.8.2 The SPGA shall act within ninety (90) days following the close of the public
hearing. Failure by the SPGA to take final action within ninety (90) days of the public
hearing shall be deemed to be a denial of said application for revocation or alteration of
the Special Permit. Revocation or alteration of Special Permits shall require a four fifths
vote by the Planning Board or a unanimous vote of the members of the Board of
Appeals.

1.2.9

Administration
1.2.9.1 The SPGA shall adopt and from time to time amend rules relative to the issuance
of such permits, and shall file a copy of said rules in the office of the Town Clerk. Such
rules shall prescribe a size, form, contents, style and number of copies of plans and
specifications, filing fees and the procedure for a submission and approval of such
permits.
1.2.9.2 The Planning Board, acting as a SPGA, is authorized to appoint one associate
member for the purpose of acting on a Special Permit application. In the case of
absence, inability to act, or conflict of interest on the part of any member of the Planning
Board or in the event of a vacancy, the Planning Board Chairman shall designate the
associate member to sit on the Board for the purpose of acting on a Special Permit. Said
associate member shall be appointed in the month of May upon a four fifths affirmative
vote of the Planning Board and serve a one year term. There shall be no limit to the
number of one year terms an associate member may serve.
Page 13 of 235

1.2.9.3 A Special Permit secured under the provisions of this Ordinance by vote of the
SPGA shall expire if the work or change involved is not commenced within one (1) year
of the date on which the Special Permit is authorized, or if the work or change is not
substantially completed within two (2) years. Upon written application by the holder of
the Special Permit prior to its expiration, the SPGA may extend the approval of the
Special Permit for a period not to exceed six months.

1.3 SITE PLAN REVIEW

1.3.1

Purpose

The purpose of Site Plan Review is to further the purpose of this Ordinance by providing for
the review of development plans for uses and structures which may have significant impacts
on the health, safety, welfare, community values, traffic, local economy, environmental
quality or municipal and public services and utilities.
1.3.2

Applicability
1.3.2.1 Projects Not Requiring a Site Plan Review
Any change in use of existing structures or building with the proposed use having the
same or lower parking requirement as the previous use shall not require a site plan
review.
1.3.2.2 The following projects would require a Minor/Administrative Site Plan Review
by the Town Planner (Also see Table 1-2):
a. The relocation or addition of curb-cuts
b. Construction of new on-site and off-site surface parking areas
c. Minor additions (less than two thousand (2,000) square feet) to existing buildings
or sites.
d. Changes in the use of existing structures with the proposed use having a higher
parking requirement in Table 9-1 than the previous use.
e. Construction of new accessory structures that have a footprint of less than two
thousand (2,000) square feet.
1.3.2.3

Requirements for Administrative/Minor Site Plan Review

a. Actions taken by the Town Planner shall not require the holding of a public hearing.
Decisions of the Town Planner shall be mailed to all abutters.

Page 14 of 235

b. At the discretion of the Town Planner, any project governed by this policy
statement may be referred to the Planning Board for action.
c. Any person aggrieved by the actions of the Town Planner as they relate to Site Plan
Review may request the Planning Board to act upon the Site Plan application.
1.3.2.4 The following projects would require a Major Site Plan Review by the Planning
Board (Also see Table 1-2):
a. Construction of any commercial or industrial structure.
b. The construction or exterior alteration of any existing or new multi-family
residential structure.
c. Any addition or exterior alteration to a commercial or industrial structure which is
greater than two thousand (2,000) square feet.
d. Any reconstruction of an existing building.
e. The construction or exterior alteration of any accessory building which is greater
than two thousand (2,000) square feet.
f. The construction or exterior alteration of any other use specified in the Use Table
which is not included in Section 1.3.5.1 through Section 1.3.5.5.

Page 15 of 235

1.2.3.5
Table 1-2

Proposed Development
Change of Use
Change of use with lesser or the same parking
requirement
Change of use with higher parking requirement
Change of Parking Area/Spaces
Repaving/restriping only
New or Expansion of parking area
Addition/Expansion of Building Area
Addition to single or two-family building
Addition less than 2,000 square feet
Addition 2,000 sq. ft. or greater
New Construction
Reconstruction of existing building
New single or two-family building
New multi-family building
New principal building
Accessory building less than 2,000 sq. ft. in area
Accessory building more than 2,000 sq. ft. in area

SITE PLAN REVIEW

None
Minor
Major
Reqd
X

X
X
X
-

X
-

X
-

X
X
X

Page 16 of 235

1.3.4 Application
1.3.4.1 Each application for Site Plan Review shall be submitted to the Planning Board by
the current owner of record accompanied by four (4) copies of the site plan.
1.3.4.2 The Planning Board shall be authorized to adopt a schedule of fees to carry out
the duties of this chapter of the Ordinance. Each application shall include a fee in
accordance with the fee schedule to cover costs associated with the public hearing and
review of the site plans.
1.3.5 Required Minor/Administrative Site Plan Contents
All site plans for minor/administrative site plan review shall include a notarized affidavit from
the applicant and property owner that the plan as presented and proposed is accurate and that
they intend to adhere to the provisions depicted upon the plan. The site plan shall be drawn at
a sufficient scale, but no greater than 1" = 40', to show:
a. Name of project, locus map, property boundaries, date and scale of plan, zoning
districts and size of property;
b. Existing and proposed rights of way and easements within and abutting the
property;
c. Existing and proposed structures, including dimensions and elevations;
d. The front, side and rear building and landscaping setbacks as described in this
ordinance;
e. If the relocation of utilities is necessary, the location of existing and proposed
utilities including but not limited to water, sewer, storm drainage, gas, electric, cable
TV and electric lines must be provided;
f. If grading is necessary on the site, existing and proposed topography including
location and volume of cuts and fills greater than 100 cubic yards must be provided;
g. If applicable, location of wetland resource areas subject to M.G.L. Chapter 131,
Section 40 (Wetlands Protection Act);
h. Existing and proposed landscaping including public shade trees as defined in M.G.L.
Chapter 87 (Shade Trees);
i. If grading or construction is necessary on the site, soil erosion prevention must be
provided.
j. The location of existing and proposed lighting;
k. The location of existing and proposed signage;
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l. The location of existing and proposed parking;

m. Location of loading/service areas, waste disposal area;
n. Appurtenant structures including but not limited to electrical transformers, pumping
stations, and air conditioning units.
o. A certified copy of the deed(s) for the property related to this application
1.3.6

Required Major Site Plan Contents

All site plans except those for three and four family structures shall be prepared by a
registered architect, landscape architect, or professional engineer. Site plans related to three
and four family structures shall be prepared in accordance with the State Building Code. All
site plans shall be on standard 24" X 36" sheets and shall be at a sufficient scale, but no
greater than 1" = 40', to show:
a. Name of project, locus map at a scale not less than 1=400, property boundaries,
date and scale of plan, the zoning districts in which the parcel and abutting lots,
including the lot or lots directly across the street from the parcel in question, are
located and the related dimensional and bulk requirements for the parcel in question,
and size of property;
b. The type of use (i.e. single family, two family, retail, commercial, etc.) of each of
the abutting parcels of land including the parcel or parcels directly across the street
from the land in question. If the building is a multi-tenant building, the plan shall
show the current use and size of each unit.
c. Existing and proposed rights of way and easements within and abutting the property;
d. Existing and proposed structures, including dimensions and elevations;
e. The front, side and rear building and landscaping setbacks as described in this
ordinance
f. Location of existing and proposed utilities including but not limited to water, sanitary
sewer, storm water, fire hydrants and electrical utilities within all public and private
easements and rights of way abutting and within the parcel in question.
g. Stormwater management and erosion control plan.
h. Existing and proposed topography including location and volume of cuts and fills
greater than 100 cubic yards;
i. Location of wetland resource areas subject to M.G.L. Chapter 131, Section 40
(Wetlands Protection Act);
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j. Existing and proposed landscaping including public shade trees as defined in M.G.L.
Chapter 87 (Shade Trees);
k. The location of all existing and proposed lighting including and illumination plan;
l. The location and detail of all existing and proposed signage;
m. The location of all existing and proposed parking;
n. The location of loading/service areas, waste disposal area;
o. The location of all existing and proposed appurtenant structures including but not
limited to electrical transformers, pumping stations, and air conditioning units.
p. The names of all abutters as they appear on the most recent tax list.
q. A certified copy of the deed(s) for the property related to this application.
The Planning Board may waive any information requirement it judges to be
unnecessary to the review of a particular plan.
1.3.7

Procedures for Minor/Administrative Site Plan

1.3.8.1 The Planning Division shall distribute a copy of the application to all relevant
town Boards, Departments and Commissions within two (2) working days of receipt of
the complete application.
1.3.8.2 Relevant town entities shall review the application and must submit their written
comments and recommendations to the Planning Division within seven (7) days of
receipt of the application. Failure of response within seven (7) days shall be deemed
approval of the application as submitted.
1.3.8.3 The Town Planner shall issue a decision within thirty (30) days of submission of
the complete application. Copies of the decisions shall be sent to the applicant and filed
with the Town Clerk's and Building Inspector's offices.
1.3.8.4 The decision will be mailed to all abutters as defined in M.G.L. C. 40A.
1.3.8.5 An as-built plan shall be provided to the Planning Division once any building or
structure is completely constructed and all site improvements are completed.

1.3.8

Procedures for Major Site Plan Review

1.3.7.1 The Planning Board shall distribute a copy of the application to all relevant Town
Boards, Departments and Commissions within two (2) working days of receipt of the
complete application.
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1.3.7.2 Relevant Town entities shall review the application and must submit their written
comments and recommendations to the Planning Board within seven (7) days of receipt
of the application. Failure of response within seven (7) days shall be deemed approval of
the application as submitted.
1.3.7.3 The Planning Board shall hold a public hearing upon submission of a completed
application. Notice of public hearing shall be published in a newspaper of general
circulation not less than five (5) days prior to the day of the hearing. Notice shall also be
filed with the Clerk's office, posted in the Municipal Office Building and mailed to all
abutters as defined in M.G.L. C. 40A.
1.3.7.4 The Board shall issue a decision within thirty (30) days of submission of the
complete application. Copies of the decisions shall be sent to the applicant and filed
with the Town Clerk's and Building Inspector's offices.
1.3.7.5 An as-built plan shall be provided to the Planning Board once any building or
structure is completely constructed and all site improvements are completed.
1.3.9

Site Plan Review Criteria

The following criteria shall be considered by the Planning Board and Town Planner in the
review and evaluation of a site plan, consistent with a reasonable use of the site for the
purposes permitted or permissible by the regulations of the district in which it is located:
1.3.9.1 The development shall be integrated into the existing terrain and surrounding
landscape, and shall be designed to protect abutting properties and community amenities.
Building sites shall, to the extent feasible:
a. minimize use of wetlands, slopes greater than 15%, floodplains and hilltops;
b. minimize obstruction of scenic views from publicly accessible locations;
c. preserve unique natural or historical features by incorporating said features into the
project design;
d. minimize tree, vegetation and soil removal and grade changes by integrating the
proposed development into the existing terrain;
e. screen objectionable features such as heat pumps, air conditioners, dumpsters and
similar equipment from neighboring properties and roadways through the use of
landscaping and earthen berms; and
f. maintain existing public shade trees by locating proposed utilities and access ways
between existing public shade trees.
1.3.9.2 The development shall be served with adequate water supply and waste disposal
systems. The development shall not place excessive demands on Town services and
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infrastructure. For structures to be served by on site waste disposal systems, the

applicant shall submit a septic system design prepared by a Certified Engineer and
approved by the Board of Health in accordance with Title V.
1.3.9.3 The plan shall maximize the convenience and safety of vehicular and pedestrian
movement within the site and in relation to adjacent ways. For projects requiring the
construction of a new multi family, business or industrial structure of 10,000 square feet
or more of gross floor area, or the expansion or change in use of any multi family,
business or industrial structure of 10,000 square feet or more in gross floor area, or for
uses with a trip generation rate over 700 vehicles/day (based on Institute of
Transportation Engineers rates found in Trip Generation), the applicant shall be required
to submit a detailed traffic study conducted by an independent transportation engineer
selected by the Planning Board containing:
a. The projected number of motor vehicle trips to enter or leave the site, estimated for
daily and peak hour traffic levels.
b. The projected traffic flow pattern including vehicular movements at all major
intersection 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 one hundred 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 vehicles trips to enter or depart from the site estimated for daily hour and
peak hour traffic levels, road capacities, and impacts on intersections. Existing daily
and peak hour traffic levels and road capacities shall also be given.
e. A plan to minimize traffic and safety impacts through such means as physical design
and layout concepts, staggered employee work schedules, promoting use of public
transit or car pooling, or other appropriate means.
f. An internal traffic and pedestrian circulations plan designed to minimize conflicts
and safety problems.
g. Adequate pedestrian and bicycle access provided by supplying access to adjacent
properties and between individual business within a development.
h. Specific mitigating measures which alleviate impacts to the adjacent roadway
network.
i. A five year forecast roadway capacity analysis with a discussion of the primary
differences between development the project (a Build alternative) and the alternative of
not carrying out the project (No build alternative).

Page 21 of 235

The applicant shall be responsible for all costs associated with the traffic analysis. The
applicant shall also be responsible for posting a monetary performance bond in a form
and amount, approved by the Planning Board, sufficient to guarantee all transportation
improvements as required by the Board.
1.3.9.4 The site plan shall show adequate measures to prevent pollution of surface or
groundwater, to minimize erosion and sedimentation, and to prevent changes in
groundwater levels, increased run off and potential for flooding. Drainage shall be
designed so that off site run off shall not be increased, groundwater recharge is
maximized, and neighboring properties will not be adversely affected. Increased runoff
from impervious surfaces shall be recharged on site by being diverted to vegetated
surfaces for infiltration or through the use of detention ponds. No drainage shall be
allowed to enter a public or private right of way used or maintained for pedestrian or
vehicular access during construction and after completion of development. Erosion of
soil and sedimentation of streams, waterbodies and ways shall be minimized by using the
following erosion control practices:
a. Exposed or disturbed areas due to stripping of vegetation, soil removal, and
regrading shall be permanently stabilized within three months of occupancy of a
structure.
b. During construction, temporary vegetation and/or mulching shall be used to protect
exposed areas from erosion. Until a disturbed area is permanently stabilized, sediment
in runoff water shall be trapped by using staked haybales or sedimentation traps in
accordance with Soil Conservation Service standards.
c. Permanent erosion control and vegetative measures shall be in accordance with the
erosion, sedimentation and vegetative practices recommended by the Soil Conservation
Service.
d. All slopes exceeding 15% resulting from site grading shall be either covered with 4
inches of topsoil and planted with a vegetative cover sufficient to prevent erosion or be
stabilized by a retaining wall.
e. Dust control shall be used during grading operations if the grading is to occur within
200 feet of a residential use or place of business. Dust control methods may consist of
grading fine soils on calm days only or dampening the ground with water.
1.3.9.5 Electric, telephone, cable TV, and other such utilities and services shall be placed
underground where physically and environmentally feasible.
1.3.9.6 Exposed storage areas, machinery, service areas, truck loading areas, utility
building and structures, dumpsters and other unsightly uses shall be set back and
screened to protect abutting properties from objectionable features.
1.3.9.7 The site plan shall comply with all zoning requirements for the district in which it
is located.
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1.3.9.8 Lighting of the site shall be adequate at ground level for the protection and safety
of the public in regard to pedestrian and vehicular circulation. The glare from the
installation of outdoor lights and illuminated signs shall be contained on the property and
shall be shielded from abutting properties. Lighting structures shall be integrated with
the site and surrounding uses.
1.3.9.9 All signs shall conform to the regulations outlined in this Ordinance.
1.3.9.10 Parking shall conform to all requirements of this Ordinance.
1.3.9.11 Landscaping shall conform to all requirements of this Ordinance.
1.3.9.12 The development shall utilize Complete Streets principles in a context sensitive
manner, depending on the projects physical, economic, and social setting. The permit
granting authority shall also consider the safety and accessible transportation options for
all travel modes and people of all ages and ability as specified in West Springfields
Complete Streets Ordinance.
Before approval of a site plan, the reviewing board may request the applicant to make
modifications in the proposed design of the project to ensure that the above criteria are
met.
1.3.10

Final Action

The Planning Board's final action shall consist of either:

a. A determination that the proposed project will constitute a suitable development and
is in compliance with the criteria set forth in the Ordinance;
b.Approval subject to any conditions, modifications, and restrictions as the Planning
Board may deem necessary; or
c. A written denial of the application stating the reasons for such denial.

Page 23 of 235

1.3.11

Enforcement

1.3.11.1 The Building Inspector shall not issue a permanent Certificate of Occupancy
permit until all work is completed as approved by the appropriate agencies and in
conformity with the approved site plan.
1.3.11.2 Site plan approval issued under this section shall lapse at the end of two (2)
years after approval if work has not been completed, except where an extension of time
for good cause has been granted by the Planning Board.
1.3.11.3 The Planning Board may require the posting of a bond to ensure compliance
with the plan and the conditions and may suspend any permit or license when work is not
performed as required.
1.3.11.4 The Planning Board may periodically amend or add rules and regulations
relating to procedures or administration of this Section.
1.3.12

Appeal Process

A person aggrieved by the decision of the Planning Board may file an appeal with the West
Springfield Board of Appeals in accordance with M.G.L., Chapter 40A, Sections 8 and 15.

Page 24 of 235

SECTION II. DEFINITIONS

2.0 INTRODUCTION
For the purpose of this Ordinance, certain terms or words used herein shall be interpreted as
follows:
a.

The term shall is always mandatory

b.

Words used in the present tense shall include the future

c.

The term lot includes plot and parcel

d.

The term occupied shall include designed, arranged, or intended to be

occupied

e.

The term used shall include designed, arranged or intended to be used

f.

The term building shall include structure

g.

h.

The term person shall include a firm, association, organization, partnership,

company, or corporation, as well as an individual.
The use of the masculine shall also include the feminine

Diagrams are for reference and do not constitute part of the adopted ordinance.
Italicized words shall represent other words which are defined in this Section.
2.1 TERMS NOT DEFINED
Where terms are not defined through the methods escribed herein, such terms shall have the
ordinarily accepted meanings such as the context implies as defined by Websters Third New
International Dictionary, Unabridged.
2.2 MEANINGS OF CERTAIN WORDS AND TERMS
Unless otherwise expressly stated, the following words and terms shall, for the purpose of this
Ordinance, have the meanings herein given:
Access Drive. That portion of a street from the paved or traveled portion to a lot line that
provides access to a driveway and/or parking lot serving a lot.
Accessory use. The subordinate use of a structure or premises for a purpose customarily
incidental to a main or principal use permitted in the district in which it is located.

Page 25 of 235

Adult bookstore. An establishment having as a substantial or significant portion (greater than

twenty percent) of its stock in trade, books, magazines, visual material and other matter which
are distinguished or characterized by their emphasis depicting, describing, or relating to
nudity, sexual conduct or sexual excitement all as defined in Massachusetts General Laws
(M.G.L.), Chapter (C.)272, Section (s.)31.
Adult club. An establishment, which as a form of entertainment, allows a person or persons
to perform in a state of nudity as defined in M.G.L., C.272, s.31.
Adult Hotel, Hourly Hotel. Any hotel, motel, inn, boarding house or similar establishment which
rents, leases, or lets any room for less than a six hour period, or rents, leases, or lets any single
room more than twice in a 24-hour period.
Adult theater. A building used for presenting material distinguished by an emphasis on
matter depicting, describing, or relating to nudity, sexual conduct or sexual excitement all as
defined in MGL, CH 272, Sec 31.
Adult Uses. See M.G.L. c. 40A 9A.
Age Restricted Housing. A planned development of land consisting of multiple buildings
constructed expressly for use and residency by persons who have achieved the minimum age
requirement for residency of fifty-five (55) years or older, as permitted by M.G.L. Chapter
151B, Section 4, Subsection 6 (as amended).
Agriculture. The production, keeping or maintenance, for sale or lease of plants and animals
useful to man, including but not limited to: forages and sod crops; grains and seed crops;
dairy animals and dairy products, poultry and poultry products; livestock including beef cattle,
swine, horses, mules, ponies, or goats or any mutations of hybrids hereof, including the
breeding and grazing of any or all such animals, bees, and apiary products, for animals, trees
and forest products; fruits of all kinds, including grapes, nuts and berries, vegetables, floral,
nursery, ornamental and greenhouse products, or lands devoted to a soil conservation or
forestry management program.
Alteration. Any construction, reconstruction or other action resulting in a change in the
structural parts, height, number of stories, entrances, exits, size, use or location of a building
or other structure.
Animal clinic. An establishment where animals (pets) are admitted principally for
examination, treatment, or care by a doctor of veterinary medicine, and which does not include
outside runs and kennels. Boarding is provided only for medical purposes or treatment.
Antenna. A device by which electromagnetic waves are sent or received (whether a dish, rod,
mast, pole, set of wires, plate, panel, line, cable or other arrangement serving such purpose).
Aquifer. Geologic formation composed of rock or sand and gravel that contains significant
amounts of potentially recoverable potable water.

Page 26 of 235

Bail Bond Establishment. A business that collects a fee for obtaining the release of criminal
defendants from jail by pledging money or property as a guarantee that the defendant will appear
in a court of law.
Bank. A financial instution chartered by the Commonwealth of Massachusetts or the United
States for the purposes of the custody, loan, exchange, or issue of money; extension of credit,
and facilitation of the transmission of funds.
Base flood. The one hundred year flood, otherwise designated as the flood that has a one
percent possibility of being equaled or exceeded in any given year.
Base flood elevation. The elevation reached by the 100 year flood:
For Flood Hazard areas contained within the floodway and flood fringe, the base flood
elevation is given on the Flood Insurance Rate Map and in the Flood Insurance Study report.
Bed and breakfast establishment. An owner-occupied single-family dwelling which rents
rooming units for transient occupancy and where a breakfast is included in the rent and all
accommodations are reserved in advance.
Board of Appeals. The Zoning Board of Appeals of the Town of West Springfield,
Massachusetts.
Boarding house. Any dwelling unit in which more than three (3) persons whether
individually or as families are housed or lodged for hire with or without meals. A motel,
rooming house or a furnished rooming house shall be deemed a boarding house.
Buffer area. A landscaped area intended to separate and partially obstruct the view of two
adjacent land uses or properties from one another. See Diagram 2-1.
Building. Any structure , including any part thereof, whether portable or fixed, having a roof,
and enclosed within exterior walls, built to form a structure for the shelter of persons, animals,
or property, including an awning or any similar covering, whether or not permanent in nature.
Building, accessory. A detached building which: (a) is subordinate in area to the principal
building, (b) the use of which is customarily incidental and subordinate to that of the principal
building, and (c) is located on the same lot as that occupied by the principal building.
Building, attached. A building having any portion of one or more walls in common with
adjoining buildings.
Building coverage. That percentage of a lot covered by buildings or structures.
Building height. The vertical distance from the mean finished grade of the ground adjoining
the building to the highest point of the roof for flat or shed roofs, to the deck line for mansard
roofs, and to the mean height between eaves and ridge for gable, hip, and gambrel roofs. Not
included are spires, cupolas, TV antennae, or other parts of structures which do not enclose
potentially habitable floor space.
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Building line. The line established by law, beyond which a building shall not extend, except
as specifically provided by law.
Building lot. See lot, building
Building, non-conforming. See non-conforming building.
Building, principal. See principal building.
Business. The transaction or carrying on of a trade or commercial enterprise, not
manufacturing, with a view to profit or for a livelihood.
Business services. Establishment primarily engaged in rendering services to business
establishments on a fee or contract basis, including but not limited to the following:
advertising and mailing; building maintenance; employment service; management and
consulting services; protective services; equipment rental and leasing; commercial research,
etc.
Bylaw. The use of bylaw herein shall be synonymous with the word ordinance.
Camouflaged. A wireless communications facility or its components are camouflaged when
they are a) not concealed within an existing or proposed structure built for another purpose,
and b) are disguised, painted, textured or colored to blend in to surrounding neighborhood
structures or hidden by a purpose-built decoy that is made part of an existing or proposed
structure, or made to resemble an architectural feature of the building or structure upon which
it is placed.
Camper. An enclosed trailer that is used for the recreational purposes of camping, traveling,
and temporary housing away from permanent residence.
Car wash. An area of land and/or a structure with machine-or-hand-operated facilities used
principally for the cleaning, washing, polishing, or waxing of motor vehicles.
Cemetery. A place or area of land, set apart for the burial of the dead, operated, managed and
controlled under the provisions of the Massachusetts General Laws, Chapter 114, or a burial
place under the care and supervision of the Town, or other public authority.
Certificate of use and occupancy. A written form signed by the Building Inspector or
Building Commissioner certifying that the stated and described use, structure and/or lot
conform with this Ordinance or, in the case of an appeal, variance or special permit, with
written conditions of the Board of Appeals, Planning Board or Town Council as appropriate.
Check Cashing Businesses. An establishment or portion thereof engaged in the cashing of
checks by individuals; or the deferred deposit of personal checks whereby the check casher
refrains from depositing a personal check written by a customer until a specific date; or the
offering of a loan until a paycheck would be received by the person receiving the loan. This term
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shall not include any of the following:

1. A state of federally chartered bank, savings association, credit union or industrial loan
association;
2. A retail store engaged primarily in selling or leasing items to retail customers and
that cashes a check for a fee not routinely exceeding 1% of the check amount as a
service to its customers, incidental to the retail store principle use.
Childcare facility. Any facility operated on a regular basis whether known as a day nursery,
nursery school, kindergarten, child play school, progressive school, child development center,
or preschool, or known under any other name, which receives children not of common
parentage under seven years of age, or under sixteen years of age if such children have special
needs, for nonresidential custody and care during part or all of the day separate from their
parents. Childcare center shall not include: any part of a public school system; any part of a
private, organized educational system, unless the services of such system are primarily limited
to kindergarten, nursery or related preschool services; a Sunday school conducted by a
religious institution; a facility operated by a religious organization where children are cared for
during short periods of time while persons responsible for such children are attending religious
services; a family day care home; an informal cooperative arrangement among neighbors or
relatives; or the occasional care of children with or without compensation therefor.
Club or lodge. Premises or building of a membership organization exclusively servicing
members and their guests but not including any vending standards, merchandising, or
commercial activities except as required generally for the membership and purpose of such
club. Does not include sports clubs, or clubs or organizations whose chief activity is a service
customarily carried on as a business.
Commercial Solar Photovoltaic Installation. Any combination of structures, devices and
elements which rely upon solar photovoltaic cells and arrays to generate electricity
primarily for use off-site.
Commenced. A point in time where the physical construction of a building has begun. Site
work related to grading shall not be included in this definition.
Concealed. A wireless communications facility or components are concealed when they are
within parts of a building or other structure that was built for another purpose and that is (are)
not visible from outside the structure. A change of building materials may be required to
enable antennae to function while concealed. For example, a church spire or belfry may
require replacement of wood or shingled materials with radio-transparent synthetics. As long
as the change of materials does not substantially alter the shape, look, and function of the
existing structure, it may be considered a concealment rather than camouflage.
Conference Center. A facility designed and used for conventions, conferences, seminars, product
displays, recreation activities and entertainment functions, along with accessory functions
including temporary outdoor displays, and food and beverage preparation and service for onpremises indoor and outdoor consumption.

Page 29 of 235

Consumer service establishment. Any establishment/repair shop where the repair of

household items, except motor vehicles, occurs. Consumer service establishments include, but
are not limited to: furniture upholstery and the repair of lawnmowers, snowblowers, or
electrical appliances.
Contractors yard. A premises used by a contractor or subcontractor for storage of
equipment and supplies, fabrication of subassemblies, or parking of wheeled equipment,
including excavation equipment and trailers.
Convenience store. Any retail establishment offering for sale prepackaged food products,
household items, and other goods commonly associated with the same and having a gross floor
area of less than 5,000 square feet.
Conventional development, conventional subdivision or conventional plan. A division of
a tract of land into lots for use as single family building sites in accordance with the general lot
area, width and yard requirements of Tables 6-1 and 6-2 in Section VI of this Ordinance.
Corner lot. A lot or a parcel of land abutting upon two or more streets at their intersection, or
upon two parts of the same street forming an interior angle of less than 135 degrees. See
Diagram 2-2.
Credit unions. A credit union is a member-owned, non-profit, cooperative thrift institution
operated under state and federal law and regulation.
Detached. Separated from.
Detached dwelling. A dwelling which is not attached to any other dwelling by any means.
Development. The division of a parcel of land into two or more parcels; the construction,
reconstruction, conversion, structural alteration, relocation or enlargement of any structure;
any mining, excavation, landfill or land disturbance, and any use or extension of the use of
land.
Development. Any man-made change to improved or unimproved real estate, including but
not limited to erection of buildings or other structures, and mining, dredging, filling, grading,
paving, excavation or drilling operations.
Digital or Electronic Sign. A changeable copy sign that uses a matrix of illumination elements
(white and/or colored), including but not limited to Light Emitting Diodes (LEDs), liquid crystal
display (LCD), plasma display, or other digital or electronic media to display or project text and/or
images that can be modified by electronic processes.
District. A zoning district as established by Section III of this Ordinance.
Drive-in. A business establishment so designed that a portion of its retail or service character
is dependent on providing a driveway approach for motor vehicles to serve patrons while in
the motor vehicle, rather than from within the building.
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Driveway. A space, located on a lot, built for access to a garage or off-street parking or
loading space.
Driving lane. An aisle within a parking lot or structure intended to provide access to one or
more parking spaces located therein.
Dwelling unit. A privately or publicly owned permanent structure, containing a dwelling unit
or dwelling units. Hotels, lodging houses, hospitals, membership clubs, motels or rooming
houses shall not be considered dwellings.
Dwelling, detached. See detached dwelling.
Dwelling, one-family. See one-family dwelling.
Dwelling, multi-family. See multi-family dwelling.
Dwelling, two-family. See two-family dwelling.
Dwelling unit. A building or portion thereof providing complete housekeeping facilities for
living, sleeping, cooking and eating for one family.
Electronic Gaming Establishment, Cybercafe, Gambling Internet Cafe. A business
operation whether a principal use or accessory use, where persons utilize electronic machines
or devices, including but not limited to, computers and gaming terminals, to conduct games of
chance, and where cash, prizes, merchandise or other items of value are redeemed or otherwise
distributed, whether or not the value of such redeemed or distributed items are determined by
the electronic games played or by predetermined odds.
Elevation. Unless otherwise indicated, all elevations are above mean sea level determined
from the Town datum, and are to be obtained by interpolation between contours on the West
Springfield Topographic Map or by field measurement.
Equipment Shelter. An enclosed structure built to contain wireless transmission/reception
equipment and related equipment supporting the operation of a wireless communications
facility. An Equipment Shelter is sufficiently large for an individual to enter and be sheltered
from the weather while working on the equipment.
Equipment Cabinet. An enclosure that contains wireless transmission/reception and related
equipment supporting the operation of a wireless communications facility from the exterior of
which an individual would perform maintenance or repair.
Erect. To build, construct, reconstruct, move upon, or conduct any physical development of
the premises required for a building. To excavate, fill, drain and like preparation for building
construction shall also be considered to erect.
Exposition. A fair or exhibition, the primary purpose of which is the encouragement,
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advancement, improvement, innovation and extension of agriculture, education, industry and

family entertainment through a balanced variety of exhibits of livestock and agricultural products
and related arts, including, but not limited to, products of the farm and related educational
programs and contests; manufacturing and technology conferences and tradeshows, including
displays, demonstrations and related programming; recreation, entertainment, amusement, and
other complementary uses and amenities. Uses may also include the annual Big E fair, other
agricultural shows and events, horse shows, dog shows, farm and garden shows, trade association
conventions and other non-agricultural related activities.
Exterior alteration. An increase in volume or a change in the footprint of a structure or
building.
Family. One or more persons who live together in one dwelling unit and maintain a common
household. May consist of a single person or of two or more persons, whether or not related
by blood, marriage or adoption. May also include domestic servants and gratuitous guests.
Family home daycare. Any private residence which on a regular basis, receives for
temporary custody and care during part or all of the day, children under seven years of age or
children under sixteen years of age if such children have special needs; provided that the total
number of children shall not exceed six, including participating children living in the
residence. Family home daycare shall not mean a private residence used for an informal
cooperative arrangement among the neighbors or relatives, or the occasional care of children
with or without compensation.
Fence. An artificially constructed barrier of any material or combination of materials erected
to enclose or screen areas of land.
FIA regulations. Rules and Regulations of the Federal Insurance Administration pertaining to
the National Flood Insurance Program 44 CFR 59 et seq.
Filling. Any deposit, placement, storage redistribution of soil, earth, sand, gravel, rock, loam,
or other similar material on any land, wetland, or in watercourses and including the conditions
resulting therefrom.
Finished grade. The prepared level of land and all paved surfaces at the time construction is
complete and a site ready for its intended use.
Flood Hazard area. An area incorporating the base flood and identified as Zone A and Zone
AE as designated within the Town of West Springfield on the Hampden County Flood
Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA)
for the administration of the NFIP dated July 16, 2013 and further defined by the Flood
Insurance Study booklet dated July 16, 2013.
Flood Insurance Rate Map. A map prepared by the Federal Emergency Management Agency
which delineates the boundaries of the various areas of the Town which are designated as
being subject to possible flooding, indicates the base flood elevations for those areas, and
carries certain other information for insurance purposes.
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Floodplain. Floodplain or flood-prone area means any land area susceptible to being
inundated by water from any source.
Floodproofed. Structures which meet the requirements of FIA Regulations 1910.3 (c) 3,4
including for the purposes of this section all requirements for certification contained therein.
Floodway. The channel of a stream plus any portion of the adjacent bank and land designated
to be kept free of encroachment so that the discharge of the base flood may be carried without
increase in flood elevation as designated within the Town of West Springfield on the
Hampden County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency
Management Agency (FEMA) for the administration of the NFIP dated July 16, 2013 and
further defined by the Flood Insurance Study booklet dated July 16, 2013.
Flood fringe. For the purposes of this section, a flood- fringe is that land lying between a
designated floodway and the designated limits of inundation by the base (100 year) flood as
designated within the Town of West Springfield on the Hampden County Flood Insurance
Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the
administration of the NFIP dated July 16, 2013 and further defined by the Flood Insurance
Study booklet dated July 16, 2013.
Floor area, gross. See gross floor area.
Floor area ratio (FAR). The ratio of the gross floor area of all buildings on a site to the total
area of the site itself. The floor area ratio permitted within a zoning district multiplied by the
total area of a site will indicate the total gross floor area permitted on the site.
Floriculture. The cultivation of ornamental flowering plants.
Frontage. The linear distance of a lot adjacent to a single street measured continuously along
one street line between its side lot lines and their intersection with the street line. (See
Diagram 2-3). That portion of a lot adjacent to a road which has been discontinued or which
in the opinion of the Planning Board, is not sufficient to provide safe and unimpeded access to
the parcel for ordinary two-wheel drive cars and/or emergency vehicles, does not constitute
frontage.
Funeral establishment. A building or part thereof used for human funeral services. Such
building may contain space and facilities for (a) embalming and the performance of other
services necessary for the preparation of the dead for burial, (b) the performance of autopsies
and other surgical procedures, (c) the storage of caskets, funeral urns, and other related funeral
supplies, (d) the storage of funeral vehicles, (e) facilities for cremation, and (f) the living
quarters of an individual whose bonafide occupation is in the funeral establishment.
Furniture Store A full-service retail facility containing 20,000 square feet or more of gross
floor area that specializes in the sale of furniture. Furniture stores having less than 20,000
square feet of gross floor area shall be considered a retail store as defined by this Ordinance.

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Gambling establishment. That use of a building, structure and/or land, which has for its
principal purpose the conduct of games, sports or other activities the outcome of which are the
subject of wagers for money or other stakes.
Gaming Establishment. The premises approved under a Category 1 License issued by the
Massachusetts Gaming Commission pursuant to M.G.L. c. 23K, which includes without
limitation, any Gaming or non-gaming uses permitted under such legislation and the regulations
promulgated by the Commission thereunder. Approval of a Gaming Establishment Use, as
defined in this ordinance, is subject to receipt of a Category 1 License issued by the Massachusetts
Gaming Commission pursuant to M.G.L. c. 23K.
Garage, private. An accessory building used only for the storage of motor vehicles.
Garage, public. A building, or portion thereof, other than a private customer and employee
garage or private residential garage, used primarily for the parking and storage of vehicles and
available to the general public.
Garage, repair. Any building, premises, or land in which or upon which a business, service,
or industry involving the maintenance, servicing, repair, cleaning, preparation, or painting of
motor vehicles is conducted or rendered.
Garden center. An establishment where the primary business includes a yard of plantings
and landscape stock and where tools, applications, and other necessities used in the practice of
gardening are sold.
Gasoline filling station. A building, or part thereof, for the retail sale of gasoline, oil, and
auto accessories.
Greenhouse or nursery. Premises used for the gainful purpose of propagation of trees,
shrubs, vines, flowers, or other plants for transplanting, stock for grafting, or for cut flowers.
Gross floor area. The sum of the gross horizontal area of the several floors of a principal
building and its faces of the walls. It does not include cellars; unenclosed porches or attics not
used for human occupancy; open-air malls within a shopping center utilized purely for
pedestrian circulation and/or decorative purposes between individual shops of the center; any
floor space in an accessory or principal building intended and designed for the parking of
motor vehicles in order to meet the parking requirements of this Ordinance.
Ground-Mounted Solar Photovoltaic Installation. A solar photovoltaic system which
includes appurtenant or accessory buildings and structures that are mounted on the ground
and are not mounted on the roof of a structure. All such appurtenant structures include but
are not limited to equipment shelters, storage facilities, transformers, and substations.
Groundwater. All water found beneath the surface of the ground.
Gym/Healthclub. An indoor or outdoor facility which may include but is not limited to
game courts, exercise equipment, locker rooms, or swimming pools, used primarily for
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athletic practice or competition, fitness classes or lessons, or related activities.

Hazardous waste. Any substance or mixture of such chemical, physical or infectious
characteristics as to pose a significant, actual or potential hazard to water supplies, or other
hazard to human health, if such substance or mixture were discharged on land or into air or
waters. Hazardous materials are those designated by the United States Environmental
Protection Agency (EPA) and the Regulations of the Massachusetts Waste Management Act
(M.G.L., C.21C.) and include, without limitation, organic chemicals, petroleum products,
heavy metals, radioactive or infectious wastes, acids and alkalis, and include such products as
pesticides, herbicides, solvents and thinners.
Horticulture. The cultivation of a garden or orchard.
Hospital. A building providing, among others, 24-hour in-patient services for persons
admitted thereto for the diagnosis, medical, surgical or restorative treatment or other care of
human ailments, including a sanitarium. Not to be interpreted to include a medical clinic, a
life-care facility, rest home, nursing home or convalescent home.
Hospital, veterinary. A building providing for the diagnosis and treatment of ailments of
animals other than human, including facilities for overnight care, but not including crematory
facilities.
Hotel or inn. A building containing rooms intended or designed to be used or which are used,
rented or hired out to be occupied or which are occupied for sleeping purposes by guests and
where only a general kitchen and dining room which may be provided within the building or in
an accessory building. Access to the individual sleeping rooms is usually through a lobby and
interior corridors. Not to be interpreted to include a bed and breakfast establishment, motel,
boarding house or lodging house.
Impervious surface. Materials or structure on or above the ground that do not allow
precipitation to infiltrate the underlying soil. Including streets, roofs, driveways, parking lots,
and other similar surfaces.
Inverter. The electrical component(s) of a solar photovoltaic installation that convert(s)
DC current to AC current.
Junk yard. A lot, land or building , or part thereof, used primarily for the collecting, storage
and sale of waste paper, rags, scrap metal or discarded material; or for the collecting,
dismantling, storage and salvaging of machinery or vehicles not in running condition and for
the sale of parts thereof.
Kennel, commercial. An establishment licensed to operate a facility housing dogs, cats, or
other household pets and where grooming, breeding, boarding, training or selling of animals is
conducted as a business.

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Kennel, private. Any building or land designed or arranged for the care of dogs, cats or other
household pets belonging to the owner of the residential, principal use, kept for purposes of
show, hunting, or as pets.
Landscaping. An area of a lot which includes an expanse of natural vegetation or the
addition of lawns, trees, plants and other natural and decorative features to the lot. In all cases
where landscaping or planting is required by the provisions of this Ordinance, such trees,
shrubs and other plant materials must be live specimens as opposed to artificial plant
materials.
Laundry, self-service. A business that provides washing, drying, and/or ironing machines for
hire to be used by customers on the premises.
Living space. The net floor area within a dwelling unit exclusive of utility rooms, closets,
attics, and cellars.
Loading space. An off-street space or berth used for the loading and unloading of
commercial vehicles.
Lodge. A place where members of a local chapter of an association hold their meetings; and
the local chapter itself.
Lodging house. A building in which lodgings are let to five (5) or more persons and in which
no meals are furnished. It shall not be interpreted to include dormitories of charitable,
educational or philanthropic institutions, hotels, motels, life-care facilities, or nursing homes.
Lot. A parcel of land. In order to be used for building purposes, it must meet the criteria for a
building lot.
Lot area. The total area within the lot lines of a lot, excluding any street rights of way.
Lot, building. A parcel of land held in one ownership meeting the dimensional requirements
of this Zoning Ordinance.
Lot, corner. See corner lot.
Lot coverage. That portion of the lot that is covered by buildings and structures.
Lot depth. The distance measured from the front lot line to the rear lot line. See Diagram 24.
Lot, interior. Any lot other than a corner lot or a through lot. See Diagram 2-2.
Lot line.

The dividing line between lots.

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Lot line, front. The property line dividing a lot from a single street right-of-way. In the case
of a corner lot or a through lot, at least one front lot line shall conform to the minimum lot
frontage requirement. See Diagram 2-3.
Lot line, rear. The lot line opposite and most distant from the front lot line; or in the case of
triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot,
parallel to and at a maximum distance from the front lot line. See Diagram 2-3.
Lot line, side. Any lot line not a front or rear lot line. See Diagram 2-3.
Lot, through. A lot which fronts upon two parallel streets, or which fronts upon two streets
which do not intersect at the boundaries of a lot. The owner shall designate one street line as
the front lot line. See Diagram 2-2.
Lot width. The diameter of the largest circle that can be inscribed in the lot boundaries. See
Diagram 2-5 for further explanation.
Major Appliance. A large machine that accomplishes a routine housekeeping task such as
cooking, food preparation or cleaning such as refrigeration equipment, stoves,
washing/dishwashing machines. Large-screen televisions are also considered as major
appliances. Major appliances are differentiated from other appliances, as they are large,
difficult to move and generally fixed in place to some extent.
Major Appliance Store. A retail establishment containing over fifteen thousand (15,000)
square feet of retail floor space displaying and selling a significant portion of its products as
major appliances. Significant portion, for this use, shall be defined as occupying at least 80%
of the retail display space and generating over 80% in volume and revenue of products sold.
Manufacturing. A facility primarily for heavy or light industry and the manufacture or
assembly of a product including processing, blending, fabrication, assembly, treatment and
package. Incidental activities such as storage, offices, wholesale sales, retail sales and
employee-only recreation and eating facilities are permitted.
Medical/dental center or clinic. A building or group of buildings used for the offices and
facilities accessory to the practice of licensed medical practitioners, (including physicians,
dentist, optometrists, ophthalmologists, and persons engaged in all fields related generally to
medicine, but not including veterinarians) and including such common facilities as an
outpatient clinic or emergency treatment rooms, but not including inpatient facilities.
Medical Marijuana Treatment Center. Not-for-profit entity, as defined by Massachusetts
law only, registered by the Department of Public Health, that acquires, cultivates, possesses,
processes (including development of related products such as food, tinctures, aerosols, oils or
ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana,
products containing marijuana, related supplies, or educational materials to qualifying patients
or their personal caregivers.

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Membership club. A social, sports or fraternal association or organization which is used

exclusively by members and their guests and which may contain bar facilities.
Mixed-Use Building. A single building with the ground floor used primarily for retail,
commercial, service, or office use and upper floors used for residential use. No use nonresidential use shall be allowed above a residential use.
Mobile home. A prefabricated housing unit built on a wheeled chassis under a federal
building code administered by the U.S. Department of Housing and Urban Development
(HUD) and designed to be installed on a temporary or permanent foundation for permanent
living quarters, this shall not include the type of vehicle known as a camper trailer or similar
trailer designed for travel, recreational use, or vacation use.
Mobile home park. Any plot of ground upon which two or more mobile homes, occupied or
intended to be occupied for dwelling or sleeping purposes, are located for periods of longer
than ninety (90) days.
Mobile home space. A plot of ground within a mobile home park designed for the
accommodation of one mobile home.
Motel. A dwelling with attached, semi-detached or detached units providing lodging for
transient clientele; each unit shall have separate outside entrances and convenient parking
spaces. A motel whose units qualify as dwelling units shall be governed by the appropriate
multi-family regulations contained herein.
Multi-family dwelling. A building designed for or occupied by three or more families, living
independently in separate dwelling units with services for heat, lighting and other utilities.
Municipal use. Land or structure used for any operation by the town government, except as
elsewhere more specifically defined.
Net floor area. The total area of all floors of a dwelling unit, measured to the interior walls
thereof, and excluding unenclosed porches, terraces, patios and all other external areas such as
halls, stairways and the like used in common with tenants of other dwelling units.
Non-conforming building or structure. A building or structure lawfully permitted and
lawfully existing at the time of the adoption of this Ordinance or any applicable amendments
thereof, but which does not conform to the current requirements of this Ordinance and any
subsequent amendments thereof. Buildings or structures subject to variances shall not be
considered non-conforming.
Non-conforming lot. A lot lawfully permitted and lawfully existing at the time of the
adoption of this Ordinance or any applicable amendments thereof, but which does not conform
to the current requirements of this Ordinance and any subsequent amendments thereof.. A lot
subject to a variance shall not be considered non-conforming.

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Non-conforming use. The use of a building, structure or land lawfully permitted and
lawfully existing at the time of the adoption of this Ordinance or any applicable amendments
thereof, but which does not conform to the current requirements of this Ordinance or any
subsequent amendments thereof. A use subject to a variance shall not be considered nonconforming.
Non-compliant structure. Any structure constructed in accordance with an improperly issued
building permit, which has been in existence for at least six years and during which no
enforcement action has been initiated by the Building Department.
Nursing, rest, life-care, or convalescent home. An extended or intermediate care facility
licensed or approved to provide full-time convalescent or chronic care to individuals who, by
reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
Occupancy. Use or occupancy, character of use or designated purpose of a building, structure
or land.
Occupancy permit. A permit authorizing the occupancy and use of land and/or structures
and buildings.
Off-Site Medical Marijuana Dispensary (OMMD). A Registered Marijuana Dispensary that is
located off-site from the cultivation/processing facility (and controlled and operated by the same
registered and approved not-for-profit entity which operates an affiliated RMD) but which serves
only to dispense the processed marijuana, related supplies and educational materials to registered
Qualifying Patients or their Personal Caregivers in accordance with the provisions of 105CMR
725.00.
One-family dwelling. A detached building containing one (1) dwelling unit and having no
party wall, or walls, in common with an adjacent dwelling. Also referred to as a single-family
dwelling.
On-Site Solar Photovoltaic Installation. A solar photovoltaic installation is a structure
that is constructed at a location where other uses of the underlying property occur.
Open space. All portions of a lot not devoted to building, parking lots or vehicular surfaces.
Such open space may include, but not be limited to landscaping, lawns, walkways for
pedestrians and active or passive recreation areas.
Open space ratio (OSR). The ratio of open space to the gross floor area proposed for a site.
The open space ratio required within a zoning district multiplied by the gross area proposed
for a site within such district will indicate that amount of open space which must be provided
on the site.
Parking area or structure, off-site. A structure or parcel of land used to provide parking in
accordance with the requirements of Section 9.0 of this Ordinance where such parcel or
structure is physically removed from the uses it serves.

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Parking area or structure, off-street. A structure or parcel of land for the parking of
automobiles and light commercial vehicles with a rated capacity of one (1) ton or less
provided no repairs, servicing or sale of gasoline is carried on.
Parking Lot Repavement/Resurfacing. The replacement of pavement of an existing parking
lot where the footprint of impervious surface is not expanded or modified and the existing
topography, drainage, and stormwater runoff are not modified.
Parking Lot Reconstruction. The reconfiguring and pavement of an existing parking lot
where the impervious footprint is increased or modified and the existing topography,
elevations, and stormwater drainage patterns are modified.
Parking space. An unobstructed space or area other than a street or driveway that is
permanently reserved and maintained for the parking of one motor vehicle.
Pawn Shop/Cash-for-Gold Store. An establishment or portion thereof that requires a junk
dealers license in accordance with the ordinances of the Town of West Springfield specifically
section 10-200, including but not limited to, any business that purchases property on the condition
of selling it back at a stipulated price, offers secured loans to individuals with their property used
as collateral and/or purchases, at retail, items made of or substantially consisting of silver, gold, or
platinum metals
Payday or Title Loan Agency. Any establishment which advances or lends a small, short
maturity loan on the security of (i) a check, (ii) any form of assignment of an interest in the
account of an individual at a depository institution, (iii) any form of assignment of income payable
to an individual, other than loans based on income tax refunds or (iv) title of a motor vehicle.
This term shall not include any of the following:
1. A state or federally chartered bank, savings association, credit union, or industrial loan
association;
2. A retail store engaged primarily in selling or leasing items to retail customers and that
cashes a check for a fee not routinely exceeding 1% of the check amount as a service to its
customers, incidental to the retail store principle use.
Personal service establishment. An establishment primarily engaged in providing services
involving the care of, repair, maintenance, or customizing of personal properties that are worn
or carried about the person or are a physical component of the person including, but not
limited to: barber shops, hair salons, nail salon, or gym or health club, .Does not include
medical and dental offices or veterinarians.
Principal building. The main or most important building in which is conducted the principal
use of the lot on which it is located. Attached structures shall be considered an integral part
thereof provided such structures are completely enclosed by continuous walls supporting a
roof.

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Principal use. The main or primary purpose for which a structure or lot is designed, arranged
or intended, or for which it may be used, occupied or maintained under this Ordinance.
Private garage. A structure which is accessory to a building and which is used for the
parking and storage of vehicles owned and operated by the occupants thereof, and which is not
a separate commercial enterprise available to the general public.
Professional services. Establishments primarily engaged in rendering services by
professional persons on a fee or contract basis, limited to the following: the offices of
accountants, architects, artists, brokers/market analyses, chiropractors, engineers, lawyers,
photographers, planners/landscape architects, real estate agents and travel consultants.
Rated Nameplate Capacity. The maximum rated output of electric power production of
the Photovoltaic system in Direct Current (DC).
Reconstruction. The process of changing, improving, or rebuilding of a damaged or destroyed
building or structure.
Recreation camp or campgrounds. Any area or tract of land upon which two or more
campsites are commercially located, established, or maintained for the occupancy of cabins,
tents, trailers, or other camping outfits as temporary living quarters for recreational,
educational or vacation purposes. Occupancy of campgrounds shall be temporary, falling
between April 1 and November 30 of the same year.
Recreation community center. A building and associated playing fields for recreational
activities owned and operated by a public or nonprofit group or agency, such as the Boys and
Girls Club or the YMCA.
Recreational facility. A place designed and equipped for the conduct of sports, leisure time
activities and other customary and usual non-motorized recreational activities.
Registered Marijuana Dispensary (RMD). A use operated by a not-for-profit entity registered
and approved by the MA Department of Public Health on accordance with 105 CMR 725.000, and
pursuant to all other applicable state laws and regulations, also to be known as a Medical
Marijuana Treatment Center, that acquires, cultivates, possesses, processes (including
development of related products such as food, tinctures, aerosols, oils, or ointments), transfers,
transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana,
related supplies, or educational materials to registered qualifying patients or their personal
caregivers. A RMD shall explicitly include facilities which cultivate and process medical
marijuana, and which may also dispense and deliver medical marijuana and related products. The
cultivation and processing of medical marijuana in accordance with these regulations is
considered to be a manufacturing use and is not agriculturally exempt from zoning.
Registered Vehicle. Any vehicle that is registered legally within the Commonwealth of
Massachusetts or any other state in the United States that is either motorized or towed by a
motorized vehicle that conforms with MGL Chapter 90.

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Research laboratory. A facility primarily for scientific or product research, investigation,

testing, or experimentation, along with incidental offices, incidental storage, incidental
manufacture and sale of products, and incidental employee-only facilities.
Residential Communications Link. Any permanently affixed fixture or equipment used for
the wireless transmission and reception of radio signals including television, personal
communication devices and federally licensed amateur operations located on the same lot
with, and customary and incidental to, a residential use.
Restaurant. A business establishment whose principal business is the preparation, selling of
unpackaged food for personal consumption while seated at tables or counters located within
the building.
Restaurant, Drive-through. A place of business operated for the sale and purchase at retail
of food and/or beverages where the patron customarily drives a motor vehicle onto the site and
to a window or mechanical drive-through by which the patron is served without exiting the
vehicle. Prior to service, the engine of the motor vehicle customarily remains in operation.
Restaurant, Fast-food. A restaurant, the principal activity of which is the sale of food for
consumption on, or off, the premises which is (a) primarily intended for immediate
consumption rather than for use as an ingredient or component of meals; (b) available upon
short waiting time; and (c) packaged or presented in such a manner that it can be readily eaten
outside the premises where it is sold.
Restaurant, Take-out. An establishment which by design of physical facilities or by service
or packaging procedures permits or encourages the purchase of prepared ready-to-eat foods
intended primarily to be consumed off the premises, and where the consumption of food in
motor vehicles on the premises is not permitted or not encouraged.
Retail store. Establishment engaged in selling goods or merchandise to the general public for
personal or household consumption and rendering services incidental to the sale of such
goods.
RV Parking Lot. An area of land intended for overnight parking of recreational vehicles as a
temporary dwelling. Services such as electricity, water, and wastewater hookups may be
provided.
Self-service units. A building or group of structures consisting of individual, small selfcontained units that are leased or owned for the storage of business and household goods or
contractors supplies.
Sign. Any display of lettering, flags, logos, colors, lights, or illuminated neon tubes, whether
fixed or movable, visible to the public from outside of a building or from a traveled way,
which either conveys a message to the public, or intends to advertise, direct, invite, announce,
or draw attention to, directly or indirectly, a use conducted, goods, products, services or
facilities available, either on the lot or on any other premises, including both the supporting
structure, fixtures, and informative contents thereof, but excluding window display of goods
and merchandise.
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Single family dwelling. A detached building designed for or occupied exclusively by one
family.
Site. Any plot or parcel of land or combination of contiguous lots or parcels of land.
Site plan. The plans for a given development depicting one original design under the control
of one agency or developer and indicating various phases of planning and construction
including essential architectural, engineering, and landscaping features. Such plans shall show
the location, shape, and height of buildings, location of roads, access and circulation drives,
off-street parking areas and description of uses of buildings as they relate to the purpose of this
Ordinance as set forth in Section I.
Solar Photovoltaic Array. An arrangement of solar photovoltaic panels.
Solar Photovoltaic Installation. A solar photovoltaic system of any nameplate generating
capacity with any type of mounting system.
Special Permit. A process which allows the Town to conduct a more detailed review of
certain uses and structures which may have a significant impact on their surroundings and
ensures proposals are consistent with the purpose of the Zoning Ordinance as specified in
Section I of this Ordinance. Such special permit shall be issued in accordance with the
particular section(s) of this Ordinance authorizing the special permit and establishing special
permit criteria where applicable.
Special Permit Granting Authority. That body or individual empowered to grant special
permits. The special permit granting authority for the Town of West Springfield,
Massachusetts, shall be the Zoning Board of Appeals or the Planning Board as specified by
Section V (Use Regulations) and Section I (Special Permits).
Stable, commercial. A building where horses are kept for remuneration, hire, sale, boarding,
riding or show.
Stable, private. A building incidental to an existing residential, principal use that shelters
animals for the exclusive use of occupants of the premises.
Story. That part of a building between any floor and the floor or roof next above. For the
purpose of this Ordinance, where a building is not divided into stories, a story shall be
considered fifteen (15) feet in height, provided that steeples, penthouses, cupolas, stage lofts,
etc. shall not be considered as additional stories. A basement or cellar, the ceiling of which
extends more than four and one-half (4) feet above the average finished grade, shall be a
story within the meaning of this Ordinance.
Street. A way which is used, or intended to be used, for a passage or travel by motor vehicles
and is one of the following:
a. a public way or county road; or
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b. a way which the Town Clerk certifies is maintained and used as a public way; or
c. a way shown on a plan approved and endorsed in accordance with the Subdivision
Control law; or
d. a way physically in existence when the Subdivision Control Law became effective,
May 1955, in the Town of West Springfield, which in the opinion of the Planning
Board is presently suitable to provide for the needs of vehicular traffic and for the
installation of municipal services to serve the land.
Street line. The dividing line between a street and a lot.
Street, arterial. Those street or ways within the Town which by design and/or use serve major
center of activity, accommodate through traffic and carry the highest traffic volume. For the
purposes of this Ordinance, all numbered federal and state highways shall be considered arterials.
Streets, collector. Those street or ways within the Town which by design and/or use serve to
distribute traffic from arterials to areas of low intensity use within the Town and to collect traffic
from such areas for movement to arterials. Collectors may carry some through traffic.
Streets, local. These streets or ways within the town which by design and/or use provide direct
access to abutting land and distribute traffic to collector and arterial streets. Through traffic
movement on local streets is discouraged.
Street right-of-way. A general term denoting land, property or interest therein, usually a strip
acquired for or devoted to a planned roadway. A street right-of-way should be sufficient to
accommodate the ultimate roadway, including, but not limited to: the street pavement, shoulder,
grass strip, sidewalk, public utility facilities, street trees, and snow storage.
Structure. A combination of materials, assembled at a fixed location to give support or shelter,
such as framework, retaining wall, tent, reviewing stand, platform, bin, fence, flagpole, mast for
radio and television 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".
Structure accessory. See Building, Accessory.
Structure, non-conforming. See non-conforming building or structure.
Structure, temporary. A structure without any foundation or footings and which is intended to
be removed when the designated use for which the temporary structure was erected has ceased.
Substantially completed. The point in time at which appraised value of completed structural
improvements equals or exceeds seventy-five percent of the market value of the completed
structure.

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Substantially different use. A use which by reason of its normal operation would cause readily
observable differences in patronage, service, appearance, noise, employment or similar
characteristics from the use to which it is being compared.
Substantial improvement. Any reconstruction or improvement of a structure, or repair of a
damaged structure, the cost of which equals or exceeds 50 percent of the market value of such
structure before the reconstruction or improvement was commenced or before the damage
occurred.
Supermarket. A retail establishment primarily selling food as well as other convenience and
household goods.
Tavern, pub or cocktail lounge. An establishment serving alcoholic beverages in which the
principal business is the sale of such beverages at retail for consumption on the premises.
Wireless Communications Tier. The arrangement of preferred mounting applications for
wireless communications facilities. A Tier I mount is most preferred, a Tier IV is least preferred.
Tier I is defined as a side-mount, Tier II is defined as a roof-mount, Tier III is defined as a
structure-mount and Tier IV is defined as a ground-mount.
Therapeutic Massage Service Establishment. An establishment administering by any method
of pressure on or friction against, or by stroking, kneading, rubbing, tapping, pounding, vibrating,
or stimulating of external parts of the human body with the hands or with the aid of any
mechanical or electrical apparatus or appliances, with or without such supplementary aids such as
rubbing alcohol, liniment, antiseptics, oils, powder, creams, lotions, ointment or other such similar
preparations commonly used in the practice of massage under such circumstances that it is
reasonably expected that the person to whom the service is provided, or some third person on his
or her behalf, will pay money or give any other consideration or any gratuity therefor, excepting
those practitioners duly licensed by the Commonwealth of Massachusetts.
Theater. A building or part of a building for dramatic, musical or live performances or for the
screening of movies.
Tradesman. Builder, carpenter, electrician, painter, plumber, tree surgeon or similar building
trade occupation.
Trailer. Any vehicle or object on wheels and having no motive power of its own, but which is
drawn by, used or capable of being used in combination with a motor vehicle.
Treebelt. That portion of a street right-of-way located between the paved portion of the street and
the outside edge of the right-of-way containing a sidewalk, if any, and commonly planted with
trees, shrubs, grass or other vegetation.
Toxic material. Any substance or mixture of physical, chemical, or infectious characteristics
posing a significant, actual, or potential hazard to water supplies or other hazards to human health
if such substance or mixture were discharged to land or water of the Town of West Springfield.
Toxic or hazardous materials include, without limitation, synthetic organic chemicals, petroleum

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products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances
defined as Toxic or Hazardous under Massachusetts General Laws (MGL) Chapter 21C and 21E
and 310 CMR 30.00, and also include such products as solvents and thinners in quantities greater
than normal household use.
Townhouse. A dwelling containing three or more dwelling units each sharing one or more party
walls with another dwelling unit, and each having at least one floor at ground level with direct
access to yards or open space on two or more sides. Dwelling units within townhouses may be
owned individually or rented.
Trucking terminal. An area and building where cargo is stored and where trucks load and
unload cargo on a regular basis. Businesses which service or repair commercial trucks which may
or may not be owned by the business are also considered truck terminals.
Two-family dwelling. A detached building containing two (2) dwelling units.
Unlawful structure. Any structure which was constructed under a lawfully issued building permit
but which does not comply with said building permit, and is in violation of a provision of the
Zoning Ordinance which was in effect at the time of construction, and the structure has been in
existence for at least ten years during which no enforcement action has been initiated by the
Building Department to correct said violation(s).
Unregistered motor vehicle. Any motor vehicle required to be registered by law of the
Commonwealth of Massachusetts for operation on public ways but not so registered.
Use. The specific purpose for which land or building is designed, arranged, intended, or for which
it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be
deemed to include any non-conforming use.
Use, accessory. See accessory use.
Use, non-conforming. See non-conforming use.
Use, principal. See principal use.
Use, substantially different. See substantially different use.
Variance. Such departure from the terms of this Ordinance relating to a structure, front yard, side
yards, rear yard, frontage requirements and/or lot size as the Board of Appeals, upon appeal in
specific cases, is empowered to authorize under the terms of Section I (Administration). A
variance is granted because strict enforcement of the Zoning Ordinance as it applies to a specific
lot would cause an undue hardship and present site-specific practical difficulties that are not
relevant to other lots in the district.
Veterinary hospital. See hospital, veterinary.
Viticulture. The cultivation of grapes.
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Warehousing. Terminal facilities for handling freight with or without maintenance facilities.
Warehouse/retail trade and distribution facility. An establishment or place of business
engaged in the operation of a warehouse and the selling of a single product category (examples of
single product categories are meat products, lighting fixtures, textiles) to retailers, to industrial,
commercial, institutional, professional business users, and to the general public, or to other
wholesalers. Said use does not include wholesale membership club, retail sales (examples of
retail uses not permitted are Sears, Old Navy, Target, Wal-Mart, Home Depot, Dicks Sporting
Goods) other than allowed by the previous sentence, retail outlet stores or retail showrooms
primarily for the general public.
Wastewater treatment works. Any wastewater treatment plants or works, including community
septic systems, which require a permit from the Massachusetts Department of Environmental
Protection.
Watershed. Land lying adjacent to water courses and surface water bodies which create its
catchment or drainage areas of such water courses and bodies.
West Springfield topographic map. Topographic features of West Springfield compiled by
photogrammetric methods from aerial photographs dated March 30, 1998 (as updated). The
topographic map meets National Map Accuracy Standards for 1 = 40 maps with 1 contours.
Horizontal datum is NAD83 MA State Plane. Vertical datum is NAVD88. The map is maintained
by the towns Information Technologies Department as part of the municipal Geographic
Information System.
Wholesale trade and distribution. Establishment or places of business primarily engaged in
selling merchandise to retailers; to industrial, commercial, institutional, or professional business
users, or to other wholesalers, or acting as agents or brokers and buying merchandise for, or
selling merchandise to, such individuals or companies.
Windmill. A device which converts wind energy to mechanical or electrical energy.
Windmill rotor. That portion of the windmill, i.e. blades, associated hub and shaft, intended to
be moved or activated by the wind.
Windmill tower. The supporting structure on which the rotor and accessory equipment are
mounted.
Wireless Communications Facility. A communications facility consisting of fixed structures
and equipment used for the wireless transmission and reception of radio signals for the: 1)
reception and transmission equipment and fixtures such as antennae, communications dishes and
similar devices; 2) structures that are erected and used primarily to support such reception and
transmission equipment including, without limitations, monopoles and lattice towers; 3) any
accessory mechanical, electronic, or telephonic equipment, fixtures, wiring and protective
covering customary and necessary to operate such wireless communications equipment; and 4)
any functionally equivalent devises or equipment. A Wireless Communications Facility is a
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transmission and reception substation, not a principal facility for conducting a communications
business.
Wireless Antenna Mount. The structure or surface upon which antennae are mounted and are
defined as follow:
Side-mount. A structure attached to the side or other non-roof portion of a building to
which antennae are mounted.
Roof-mount. A structure attached to a building roof to which antennae are mounted.
Structure-mount. A structure, frame, bracket, or the like to which antennae are attached
and which is attached to an existing structure other than a building, such as a water tank,
electrical transmission tower or silo.
Ground-mount. A structure anchored into the ground to which antennae are mounted.
Ground mounts include purpose built structures such as poles, bases, posts, monopoles,
and towers.
In the absence of a separate structural component to hold an antenna, the antenna shall be
considered to be its own ground, roof, side or structure mount. When considering the
dimensions of the mount, the dimensions of the attached antennae and related fixtures shall be
included.
Yard. An open area on the same lot with a building or other structure located between the
building and the lot lines, unoccupied and unobstructed by structures from the ground up except as
may be allowed by specific provisions of this Ordinance including ingress and egress as required
by the building code.
Yard, front. An open, unoccupied space on the same lot with the principal building, extending
the full width of the lot and from the street line to the front line of the building projected to the
side lines of the lot. The depth of the front yard shall be measured between the front lines of the
building and the street line. Covered porches whether enclosed or unenclosed, shall be considered
as part of the main building and shall not project into a required front yard. On lots containing
two or more principal buildings, the front yard shall be defined by that principal building closest
to the front yard street line. See Diagram 2-3.
Yard, rear. An open, unoccupied space, except for accessory buildings, on the same lot with the
principal building between the rear line of the building and rear line of the lot and extending the
full width of the lot. On lots containing two or more principal buildings, the rear yard shall be
defined by that principal building closest to the rear lot line. See Diagram 2-3.
Yard, side. An open, unoccupied space on the same lot with the principal building situated
between the principal building and the side line of the lot and extending from the front yard to the
rear yard. Any lot line not a rear line or a front line shall be deemed a side line. On lots
containing two or more principal buildings, side yards shall be defined by the principal building
closes to each side lot line. See Diagram 2-3.

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Diagram 2-5
LOTS CONFORMING TO LOT WIDTH REQUIREMENT

X= Lot Width
1.
2.
3.
4.

Y= Front Setback

Y=front yard setback

X= diameter of a circle parallel to the street
X=minimum lot width
The entire circle must be within the boundaries of the lot, both in front of the
diameter (within the front yard) and behind the diameter (within the rear yard)

LOTS NOT CONFORMING TO LOT WIDTH STANDARD

x Lot Width

y Front Setback

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SECTION III.

ZONING DISTRICTS

3.0 ESTABLISHMENT OF DISTRICTS

For the purpose of this Ordinance, the Town of West Springfield is hereby divided into the
following nineteen (19) zoning districts:
Full Name
Residence A
Residence A-1
Residence A-2
Residence B
Residence C
Residence D

Short Name
RA
RA-1
RA-2
RB
RC
RD

Business A
Business A-1
Business B
Business B-1
Central Business

BA
BA-1
BB
BB-1
CB

Industrial
Industrial Park
Industrial Park-Light

I
IP
IP-L

Multi-family
Mobile Home

MF
MH

Planned Unit Development

PUD

Recreation

REC

3.1 OVERLAY DISTRICTS

The following overlay districts are hereby established:
Full Name
Water Supply Protection
Flood Hazard
Age-Restricted Housing
Memorial Corridor
Commercial
Communications
Residential
Communications

Short Name
WSP
FH
ARH
MC
CC
RC

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3.2 PURPOSE OF ZONING DISTRICTS

For the purpose of this Ordinance, the Town of West Springfield has established these
zoning districts for the following purposes:
3.2.1 Residence A (RA)
The purpose of the RA District is to provide for residential areas that allow for lower density
residential areas primarily for single-family dwellings.
3.2.2 Residence A-1 (RA-1)
The purpose of the RA-1 District is to provide for residential areas of medium density
primarily for single-family dwellings.
3.2.3 Residence A-2 (A-2)
The purpose of the RA-2 District is to provide for residential areas of higher density
primarily for single-family dwellings.
3.2.4 Residence B (RB)
The purpose of the RB District is to provide for residential areas of higher density primarily
for single-family and two-family dwellings.
3.2.5 Residence C (RC)
The purpose of the RC District is to provide for residential neighborhoods of higher
densities that allow for a mix of residential and professional office uses.
3.2.7 Residence D (RD)
The purpose of the RD District is to provide for a residential neighborhood of higher density
that allows a mix of single and two family residences and multi-family residences.
3.2.6 Business A (BA)
The purpose of the BA District is to provide areas for a wide range of retail uses/services and
commercial activities, of higher densities, along primary roads to serve as business highway
corridors within West Springfield. BA districts are especially capable of accommodating
high-volume traffic generating uses, such as drive-through restaurants, convenience stores,
gas stations, and drive-in banks.
3.2.7 Business A-1 (BA-1)

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The purpose of the Business A-1 District is to provide a mixed use area, of medium density,
containing a wide variety of institutional, civic and professional/business uses with multifamily residential uses and a limited quantity of commercial uses. This district is applied to
the area of the West Springfield town center abutting Park Street and Park Avenue.
3.2.8 Business B (BB)
The purpose of the Business BB District is to provide a higher density area for a mix of
business and industrial uses.
3.2.9 Business B-1 (BB-1)
The purpose of the Business BB-1 District is to provide a higher density area for a mix of
industrial, multi-family residential and limited commercial uses.
3.2.10

Central Business District (CB)

The purpose of the Central Business District zoning is intended to emphasize the unique
character of the Elm Street/Westfield Street section of West Springfield by encouraging a
mix of public service uses with commercial uses of neighborhood and community scope.
Requirements within the district also attempt to encourage retention of the area's pedestrianoriented characteristics but do not discourage access by motor vehicles, provision of
adequate parking or limited regional services. However, uses which require large expanses
of land, interrupt pedestrian shopping and circulation patterns or other wise interfere with the
goals, subgoals and policies contained in this section, are discouraged.
3.2.11

Industrial (I)

The purpose of the Industrial district is to provide a high-density areas for industrial uses,
both heavy and light uses.
3.2.12

Industrial Park (IP)

The purpose of Industrial Park Zoning Districts is to encourage the environmentally and
socially sound development of industrial activities and various complementary or compatible
uses.
3.2.13 Industrial Park - Light (IP-L)
The purpose of the Industrial Park - Light (IP-L) Zoning Districts is to encourage the
environmentally and socially sound development of small scale industrial activities and
various complementary or compatible uses.
3.2.14

Multi-family (MF)

The purpose of the Multi-family Zoning Districts is to encourage the flexible, orderly, and
rational development of parcels of land 5 acres or larger for multi-family housing.

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3.2.15

Mobile Home (MH)

The purpose of the Mobile Home (MH) Zoning Districts is to offer affordable housing to all
residents of West Springfield and allow for a variety of housing types within the Town
through the development of mobile home parks.
3.2.16

Planned Unit Development (PUD)

The purpose of the Planned Unit Development district is to promote greater flexibility in
land use and building design by permitting modification of the specific provisions of this
Ordinance for designated areas that will be developed as a single entity, provided that the
development is compatible with the surrounding land uses and consistent with the Town's
Master Plan. A Planned Unit Development is also intended to provide for a mixture of land
uses, including residential, commercial and/or industrial; the creative use of open space; the
protection of natural resources and environmentally sensitive areas; and greater amenities to
the occupants and users of the development.
3.2.17 Flood Hazard (FH)
The purposes of establishing the Flood Hazard overlay district are to: 1. Ensure public
safety through reducing the threats to life and personal injury due to flooding; 2. Eliminate
new hazards to emergency response officials; 3. Prevent the occurrence of public
emergencies resulting from water quality, contamination, and pollution due to flooding; 4.
Avoid the loss of utility services that if damaged by flooding would disrupt or shut down the
utility network and impact regions of the community beyond the site of flooding; 5.
Eliminate costs associated with the response and cleanup of flooding conditions; 6. Reduce
damage to public and private property resulting from flooding waters.
3.2.18

Water Supply Protection (WSP)

The purpose of the Water Supply Protection District is to promote the health, safety and
welfare of the community by protecting and preserving the surface resources of the Town
and the region from any use of land or buildings which may reduce the quality of its water
resources.
3.2.19

Recreational (REC)

The purpose of the Recreational District is to promote the sound use of the communitys
waterfront for passive and active recreational uses and to preserve the scenic qualities of the
Connecticut and Westfield Rivers and the public's ability to enjoy visual and recreational
access to the rivers; promote the creation of natural buffer area or greenbelt along the length
of the river, punctuated by public access areas and open spaces; protect life, public safety
and property from flooding hazards, and preserve natural floor storage areas; preserve
environmentally sensitive areas, such as fisheries and wildlife habitat, along the river; and

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prevent water pollution caused by erosion, sedimentation, nutrient or pesticide run-off, and
poorly sited waste disposal facilities.
3.2.20

Age-Restricted Housing (ARH)

The purpose of the Age Restricted Housing overlay zoning district is to encourage the
development of affordable and market-rate housing for individuals aged fifty-five and over,
by allowing for a greater variety of building types at a higher density than would normally be
allowed; by allowing greater flexibility in site planning so as to promote the sound
development of land which reduces residents burdens of property maintenance and which
reduces demands on municipal services; and to promote flexibility in land use planning in
order to improve site layouts, protect natural features and environmental values and utilize
land in harmony with neighboring properties.
3.2.21

Memorial Corridor (MC)

The purpose of the Memorial Corridor Overlay District is to promote the health, safety, and
welfare of the public and secure public benefits by the following means: 1) minimizing adverse
land uses and community impacts on locations within proximity of a Gaming Establishment, 2)
encouraging economic stimulus through appropriate commercial development, and 3)
recognizing the Eastern States Exposition fairgrounds as a regional community asset by
formalizing the list of historically permitted uses and providing supplemental standards of use
that would apply within the Fairgrounds Sub-District of the Memorial Corridor with the longterm goal of broadening and enhancing the year-round use of the site and related facilities so
that it may continue to effectively benefit and serve the Town of West Springfield and New
England region over the long-term.
3.2.22

Commercial Communications (CC)

Commercial Communications Overlay District to provide opportunity for wireless

communications facilities of a height and design consistent with neighboring multi-storied
and densely developed commercial uses and to provide collocation opportunities.
3.2.23

Residential Communications (RC)

Residential Communications Overlay District to provide opportunity for wireless

communications facilities of a height and design consistent with existing neighborhood
structures and recreational and municipal uses.
3.3 ZONING MAP
The location and boundaries of Zoning District Map and overlay districts hereby established
are shown and on a series of maps entitled Zoning Map, West Springfield, Massachusetts.
This map, including overlays and amendments, shall be on file with the Town Clerk and
authenticated with the signatures of the Planning Board.

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3.3.1 Flood Hazard Overly District Maps

The Flood Hazard Overlay District is herein established as an overlay district. Said Flood
Hazard Overlay District are superimposed on certain portions of the principal zoning
districts established in said Section 3.2 but do not alter the uses permitted therein. The
District includes all special flood hazard areas within the Town of West Springfield
designated as Zone A or AE on the Hampden County Flood Insurance Rate Map (FIRM)
issued by the Federal Emergency Management Agency (FEMA) for the administration of the
National Flood Insurance Program. The map panels of the Hampden County FIRM that are
wholly or partially within the Town of West Springfield are panel numbers 25013C0190E,
25013C0191E, 25013C0192E, 25013C0193E, 25013C0194E, 25013C0213E,
25013C0377E, 25013C0381E, 25013C0382E, 25013C0383E, 25013C0384E,
25013C0401E, 25013C0402E, 25013C0403E, and 25013C0404E dated July 16, 2013. The
exact boundaries of the District may be defined by the 100-year base flood elevations shown
on the FIRM and further defined by the Hampden County Flood Insurance Study (FIS)
report dated July 16, 2013. The FIRM and FIS report are incorporated herein by reference
and are on file with the Town Clerk, Planning Board, Building Official, Conservation
Commission.
3.3.2 Water Supply Protection Overlay Map
The Water Supply Protection District is herein established to include all lands within the
Town of West Springfield lying within the watershed areas of public water supply reservoirs
which now or may in the future provide public water supply. The map entitled "Water
Supply Protection District", Town of West Springfield, on file with the Town Clerk,
delineates the boundaries of the district.
3.3.3

Memorial Corridor Overlay Map

The Memorial Corridor Overlay District is herein established to include all lands within the
Town of West Springfield lying within the area shown on the plan entitled Memorial Corridor
Overlay District, dated October 2013, prepared by Tighe & Bond, on file with the Town Clerk.
3.4 DISTRICT BOUNDARIES
The location of the boundary lines of the districts shown upon the Zoning Map shall be
determined as follows:
3.4.1 District Boundary Lines on Ways
Where the said boundary lines are shown upon said map within the street lines of public or
private ways, the centerlines of such ways shall be the boundary lines.
3.4.2 District Boundary Lines on Lot Lines

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Where the said boundary lines are shown approximately on the location of property or lot
lines, and the exact location of property, lot or boundary line is not indicated by means of
figures, then the property or lot lines shall be the boundary lines.
3.4.3 District Boundary Lines Outside of Street Lines
Where the said boundary lines are located outside of such street lines and are shown
approximately parallel thereto, they shall be deemed to be parallel to such street lines; and
figures upon said map between such boundary lines and street lines, such distances being
measured at right angles to such street lines unless otherwise indicated.
3.4.4 District Boundary Lines on Rivers
Where the said boundary lines follow a river, the said boundary lines shall be deemed to be
at the limit of the jurisdiction of the town, unless otherwise indicated.
3.4.5 Location of District Boundary Lines
In cases which are not governed by other provisions of this section, the location of said
boundary lines shall be determined by the distances in feet, if given, from other lines upon
said map, or, if distances are not given, then by the scale of said map.
3.4.6 Determination of District Boundary Line
Whenever any uncertainty exists as to the exact location of a district boundary line, the
location of such line shall be determined by the Inspector of Buildings, provided, however,
that any person aggrieved by his decision may appeal to the Board of Appeals, as provided in
Section 1 of this Ordinance.

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SECTION IV. EXISTING STRUCTURES AND USES

4.0 PURPOSES
The purpose of this Section is to promote the public health, safety and general welfare of the
Town of West Springfield and its citizens, promote the re-use of land and structures that
contribute to the character, diversity and sustainability of a neighborhood and to promote
economic redevelopment and the re-use of developed land by regulating structures and uses
that do not conform to one or more provisions of this Ordinance, but were lawfully
established and in compliance with all applicable ordinances and laws at the time the
structure was constructed and/or the use begun.
Nothing contained within this Section shall be construed, nor shall it be implied, so as to
allow for the continuation or alteration of structures or uses that were not in compliance with
all applicable ordinances and laws at the time the structure was constructed or the use begun.
4.1 APPLICABILITY
4.1.1 Existing Structures, Uses and Permits
This Ordinance shall not apply to structures or uses lawfully in existence or lawfully begun,
or to a building permit or special permit issued before the first publication of notice of a
public hearing regarding an amendment to this Ordinance which makes said structure or use
nonconforming, but shall apply to any modification or change of such use, to a building
permit or special permit issued after the first notice of said public hearing and to any
reconstruction, extension or structural change of such structure begun after the first notice of
said public hearing.
This Section 4 is intended to regulate: 1) the change of use of the land or structure; 2) the
reconstruction of a structure or to any alteration of a structure when the alteration would
increase the footprint, height or volume of the structure or any other exterior structural
change (hereinafter to be known collectively as alteration); and 3) to any alteration of a
structure or land to provide for its use for a purpose or in a manner different from the use to
which it was put before the alteration or for its use for the same purpose to a greater extent
(hereinafter to be known collectively as change of use) of a lawfully established
nonconforming structure or nonconforming use by establishing the standards by which said
structure or said use may be altered or changed.
4.1.2 Alteration of Structures and Land
Alteration of structures or land or the use of property conducted under a lawfully issued
building permit or special permit pursuant to paragraph 1 of sub-section 4.1.1 shall conform
to any subsequent amendment of this Ordinance unless the structural or land alteration or use
of the property is commenced within a period of not more than one hundred eighty (180)
days after the issuance of the building permit or special permit and in cases involving
construction, unless such construction is continued to completion in a continuous and
reasonably expeditious manner which shall not exceed two years from the date of issuance
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of the building permit.

4.1.3 Signs
The provisions of Section 4 of this Ordinance shall not apply to signs (refer to Section 8.3
for standards related to nonconforming signs).
4.2 DEFINITION OF NONCONFORMING USES AND STRUCTURES
4.2.1 See Section 2 Definitions for definitions pertaining to nonconforming uses and
structures.
4.3 ALTERATION OR CHANGE OF NONCONFORMING MULTI-FAMILY AND
NON-RESIDENTIAL STRUCTURES AND USES
4.3.1 Multi-Family and Non-Residential Structures
Alteration to a nonconforming multi-family or non-residential structure may be allowed only
upon approval of the Special Permit Granting Authority with specific written findings that
such alteration shall:
4.3.1.1 Not create a new nonconformity or violation; and
4.3.1.2 Enhance the general character and quality of the neighborhood; and
4.3.1.3 Be consistent with the architectural design and style of the abutting properties
and surrounding neighborhood; and
4.3.1.4 Provide adequate off-street parking for the use of the property; and
4.3.1.5 Not be more detrimental to the neighborhood than the existing nonconforming
structure.
4.3.2

Multi-family and Non-Residential Uses

Alteration or change in use to an existing nonconforming multi-family use or non-residential

use may be allowed only upon approval of the Special Permit Granting Authority with
specific written findings that such alteration shall:
4.3.2.1 Enhance the general character and quality of the neighborhood; and
4.3.2.2 Provide adequate off-street parking for the use of the property; and
4.3.2.3 Not be more detrimental to the neighborhood than the existing nonconforming
use.

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4.3.3

Permit Granting Authority

For the purpose of administering Section 4.3 of this Ordinance, the Board of Appeals shall
be the Special Permit Granting Authority.
4.4 ALTERATION AND RECONSTRUCTION OF NONCONFORMING SINGLE
AND TWO-FAMILY USES AND STRUCTURES
4.4.1

Alteration By-Right

Alteration or reconstruction to a nonconforming single or two-family residential use or

structure shall not be considered an increase in the nonconforming nature of the structure
and shall be permitted by right provided the following standards are met:
4.4.1.1 Alteration or reconstruction of a structure which is nonconforming due to setback
requirements will not result in additional encroachment by the nonconforming
setback(s); and
4.4.1.2 Alteration or reconstruction of a structure which is nonconforming due to
insufficient lot area will not result in the expansion of the structure into the minimum
front, side and rear yard requirements; and
4.4.1.3 Alteration or reconstruction of a structure which is nonconforming due to height
requirements will not result in an increase in the height of the structure; and
4.4.1.4 The proposed alteration or reconstruction will not result in any additional
violation of any other zoning requirements; and
4.4.1.5 The proposed alteration or reconstruction will not result in more than a twenty
percent (20%) increase in the gross floor area of the existing structure (exclusive of
basements not defined as habitable under the Massachusetts State Building Code in
affect at the time of application for said alteration/reconstruction).
4.4.2 Alteration by Special Permit
Alteration or reconstruction of a nonconforming single or two-family use or structure that
does not comply with the provisions of Section 4.4.1 may be allowed only upon approval by
the Permit Granting Authority with specific written findings that such alteration or
reconstruction shall:
4.4.2.1 Not create a new nonconformity or violation; and
4.4.2.2 Enhance the general character and quality of the neighborhood; and
4.4.2.3 Be consistent with the architectural design and style of the abutting properties
and surrounding neighborhood; and
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4.4.2.4 Provide adequate off-street parking for the use of the property; and
4.4.2.5 Not be more detrimental to the neighborhood than the existing nonconforming
use and/or structure.
4.4.3
Alteration of a Nonconforming Structure From Single-Family Use to TwoFamily Use
In a zoning district allowing for single and two-family uses, a change of a nonconforming
structure from single-family use to two-family use shall require approval by the Permit
Granting Authority, with specific written findings, as set forth in section 4.4.2.
4.4.4 Permit Granting Authority
For the purpose of administering Section 4.4 of this Ordinance, the Board of Appeals shall
be the Special Permit Granting Authority.
4.5 DISCONTINUANCE AND RE-ESTABLISHMENT OF NONCONFORMING USES
4.5.1 Re-establishment of a Nonconforming Use
No nonconforming use of any structure or land shall be re-established where there has been a
change to a use of the structure or land which is permitted in the zoning district in which the
structure or land is located.
4.5.2 Discontinuance of a Nonconforming Use
Except as provided for by Section 4.5.3 of this Ordinance, if the nonconforming use of any
structure or land shall be discontinued for a period of twenty-four (24) consecutive months,
it shall not be re-established and all future uses thereof shall be in conformity with the then
applicable provisions of this Ordinance. For the purposes of this section, the discontinuance
period shall not be considered broken by temporary or sporadic use during said two-year
period. The use shall not be considered temporary or sporadic when such use is active for a
minimum of eight (8) hours per day for a period of not less than sixty (60) or more
consecutive days exclusive of Sundays and holidays.
4.5.3 Re-establishment of a Discontinued Nonconforming Use
The re-establishment of a discontinued nonconforming use may be allowed only upon
approval by the Permit Granting Authority with specific written findings that:
4.5.3.1 The nonconforming use of property is compatible in type and scale with the
abutting uses and with the character of the neighborhood; and
4.5.3.2 The nonconforming use of property will not create a nuisance to the general
public or any abutter as defined by M.G.L. Ch 40A by reason of air quality, water, light

Page 60 of 235

or noise, degradation of traffic safety or increase traffic congestion; and

4.5.3.3 The intensity of the nonconforming nature of the use is lessened to the greatest
extent reasonably possible; and
4.5.3.4 The nonconforming use of property will not create a new nonconformity; and
4.5.3.5 The nonconforming use of property will enhance the general character and
quality of the neighborhood; and
4.5.3.6 The nonconforming use of property will provide adequate off-street parking for
the use of the property; and
4.5.3.7 The nonconforming use of property will not be more detrimental to the
neighborhood than the existing nonconforming use and/or structure prior to its lapse; and
4.5.3.8 Not more than five (5) years has elapsed since the discontinuance of said
nonconforming use.
4.5.4 Permit Granting Authority
For the purpose of administering Section 4.5 of this Ordinance, the Planning Board shall be
the Permit Granting Authority.
4.6 RESTORATION AND RECONSTRUCTION OF DAMAGED
NONCONFORMING MULTI-FAMILY AND NON-RESIDENTIAL STRUCTURES
4.6.1 Restoration and Reconstruction By-Right
Nothing in this Ordinance shall prevent the reconstruction or substantial restoration and the
continuance of use of a nonconforming multi-family or non-residential structure which has
been damaged by fire, explosion, flood, riot, act of the public enemy or accident of any kind
if the estimated replacement cost of such restorations does not exceed seventy-five (75)
percent of the most recent appraised building value of the structure as identified on the field
record card in effect at the time of the damage that is on record in the West Springfield
Assessors Office, provided that the structure as restored shall be constructed within the
existing footprint and shall not be greater in volume, height or area than the original nonconforming structure and provided further that said restoration is commenced within twelve
(12) months of the initial damage and completed within twenty-four (24) months of said
damage. The estimated cost of such restoration shall be determined by the Building
Commissioner.
If the property owner disputes the determination of the Building Commissioner, he may
request that the Building Commissioner base the determination upon receipt of an estimate
from an independent contractor selected by the Building Commissioner. The cost to obtain
said estimate shall be borne by the owner of the premises and shall be paid to the Town at

Page 61 of 235

the time the building permit application is filed. Said restoration costs shall also include all
improvements or upgrades required by the State Building Code.
4.6.2 Restoration and Reconstruction by Special Permit
The reconstruction or substantial restoration and continuance of use of a damaged
nonconforming multi-family or non-residential structure where said restoration exceeds
seventy-five (75) percent of the most recent appraised building value of the structure as
identified on the field record card in effect at the time of the damage that is on record in the
West Springfield Assessors Office may be allowed only upon approval by the Permit
Granting Authority with specific written findings that:
4.6.2.1 The structure as restored shall be constructed within the existing footprint and not
be greater in volume, height or area than the original nonconforming structure; and
4.6.2.2 The structure as restored will enhance the general character and qualities of the
neighborhood; and
4.6.2.3 Be consistent with the architectural design and style of the abutting properties
and surrounding neighborhood; and
4.6.2.4 Adequate off-street parking is available for the use of the structure; and
4.6.2.5 The nonconforming nature of the structure is lessened to the greatest extent
reasonably practicable; and
4.6.2.6 Application for the special permit for said reconstruction or substantial
restoration is filed with the Town Clerk within twelve (12) months of the damage to the
structure; and
4.6.2.7 The reconstruction or substantial restoration is completed within twenty-four (24)
months of the issuance of the building permit allowing for said reconstruction or
substantial restoration.
4.6.2.8 The owner of the structure is in full compliance with all orders issued by the
Town with respect to securing and maintaining the structure and the premises.
4.6.3 Permit Granting Authority
For the purpose of administering Section 4.6 of this Ordinance, the Planning Board shall be
the Special Permit Granting Authority.
4.7 RESTORATION OR RECONSTRUCTION OF DAMAGED NONCOMPLIANT
STRUCTURES
4.7.1 See Section 2 for the definition of a noncompliant structure

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4.7.1.1 For the purposes of this section, a noncompliant structure shall not include a
structure in existence without the issuance of a building permit or a structure in existence
which is not in compliance with a lawfully issued building permit.
4.7.2 Restoration and reconstruction of noncompliant structures
4.7.2.1 For the limited purposes of substantial restoration or reconstruction, noncompliant
structures shall be considered nonconforming and any restoration or reconstruction of a
noncompliant structure shall be governed by this Section IV of the Zoning Ordinance.
4.8 RESTORATION OR RECONSTRUCTION OF DAMAGED UNLAWFUL
STRUCTURES
4.8.1

See Section 2 for the definition of an unlawful structure

4.8.1.1 Structures constructed without the issuance of a building permit shall not be
considered nonconforming, noncompliant or unlawful.

4.8.2 Restoration and reconstruction of unlawful structures

4.8.2.1 For the limited purposes of substantial restoration or reconstruction, unlawful
structures shall be considered nonconforming and any restoration or reconstruction of an
unlawful structure shall be governed by this Section 4 of the Zoning Ordinance.
4.8.2.2 The Permit Granting Authority, when making findings related to the approving
the substantial restoration or reconstruction of an unlawful structure, shall also find that:
1) The zoning violation that renders the structure as unlawful is not detrimental to the
public and does not nullify or substantially derogate from the intent of the Zoning
Ordinance, and 2) Correcting the violation would result in significant economic hardship
to the property owner.
4.9 DEVELOPMENT OF ESTABLISHED VACANT NONCONFORMING SINGLE FAMILY RESIDENTIAL LOTS
4.9.1 A vacant pre-existing nonconforming lot located in a RA, RA-1, RA-2 or RB zoning
district under common ownership with an abutting developed lot that has been merged by
operation of law may be considered and developed as a legal building lot for single-family use
upon the issuance of a special permit, subject to the following development standards:
4.9.1.1 The development of the property and the structures located thereon shall conform
with the height, bulk, external appearance and general character with that of the abutting
structures and neighborhood; and
4.9.1.2 The development of the property will not, by reason of air, water, light, noise,
obstruction of views, traffic safety or traffic congestion, negatively affect the character
and quality of life of the neighborhood; and

Page 63 of 235

4.9.1.3 The development of the property will provide adequate off-street parking for the
use of the property; and
4.9.1.4 The subject lot shall have a minimum of seventy-five (75) feet of frontage and
seven-thousand five hundred (7,500) square feet of land area or conform to the frontage
and lot size standards of the neighborhood within which its located, whichever is greater;
and
4.9.1.5 The front yard building setback requirement shall conform to the front setback of
the abutting properties. The side and rear yard building setback requirements shall not
be less than the average of that of the abutting properties or a minimum 10 foot side yard
and 25 foot rear yard, whichever is greater.
4.9.2 The provisions of this section shall not apply to more than one abutting lot. Said lot
must have been held in common ownership as of January 1, 2011 and conformed to the
zoning requirements in effect at the time: a) the lot was recorded with the Hampden
County Registry of Deeds or the Land Registration Office, and b) the lot was acquired
and considered merged by operations of law with the developed lot.
4.9.3 Separation and conveyance of the undeveloped nonconforming lot shall not adversely
impact the legal status of the developed nonconforming lot. Said developed lot shall
be considered legal nonconforming under the provisions of this Zoning Ordinance.
4.9.4 The development of the vacant, nonconforming lot shall be for single-family use and
allowable accessory uses and structures.
4.9.5 For the purposes of administering this section, the neighborhood shall be defined as the
parcels of land directly abutting and located directly across the street from the subject
property and those parcels abutting said parcels.
4.9.6 For the purposes of administering this section of the Zoning Ordinance, the Planning
Board shall be the special permit granting authority.

Page 64 of 235

SECTION V. USE REGULATIONS

5.0 APPLICABILITY OF USE REGULATIONS
Except as otherwise permitted by the Zoning Act or by this Ordinance, within any districts
shown on the Zoning Map, no building or other structure shall be erected, altered or used
and no land shall be used or occupied for any purpose except for the purposes permitted in
the district as described in this section.
Any use not listed shall be construed to be prohibited.

5.1 PERMITTED USES

The restrictions and controls intended to regulate development in each district are set forth in
as follows:
P
SPR

SPZ

SPB

Use Permitted by Right

Use Permitted with Site Plan Review from the
Planning Board in accordance with Section 1.3
Use Permitted by Special Permit from the Zoning
Board of Appeals in accordance with Section 1.2
Use Permitted by Special Permit from the Planning
Board in accordance with Section 1.2
Use Prohibited

5.2 USES SUBJECT TO OTHER REGULATIONS

Uses permitted by right, by site plan review, or by special permit shall be subject, in addition
to use regulations, to all other provisions of this Ordinance.
5.3 PROHIBITED USES
5.3.1 The following uses are explicitly prohibited in all zoning districts:
a. Gambling establishments.
b. Abattoir.
c. Fat rendering.
d. Glue or size manufacture or process involving recovery from fish or animal offal.
e. Explosives or fireworks manufacture.
f. Petroleum refining.
Page 65 of 235

g. Rubber, caoutchouc or gutta-percha manufacture from crude or scrap materials.

h. Sewerage disposal plant.
i. Smelting and reduction of metals.
j. Sulfurous, sulfuric, nitric or hydrochloric acid manufacture.
k. Tar distillation.
l. Incineration, reduction of or dumping of offal, garbage or refuse.
m. Disposal of hazardous wastes as defined by the Bureau of Solid Waste Disposal,
Massachusetts Executive Office of Environmental Affairs, except as any specific
restriction may be precluded under present or subsequent state law.
n. Motorized outdoor commercial recreational uses, excluding marinas, used for
outdoor vehicle sports including, but not limited to: motorcross, drag racing,
demolition derby, etc.
o.

Bail Bond Establishment

p. Electronic Gaming Establishment, Cybercafe, Gambling Internet Caf Establishment

as defined in 7.92.
q. Payday or Title Loan Agency
r. Pawn Shop, Cash-for-Gold Store
s. Gambling establishment that does not meet the definition of Gaming Establishment as
defined in Section 2
5.3.2
The following uses are explicitly prohibited in all zoning districts except in Central
Business (CBD) by Special Permit from the Planning Board:
a. Check Cashing Business
5.4 OTHER GENERAL USE REGULATIONS
5.4.1 Principal Building
One principal building only shall be permitted on a lot with the exception of multi-family
developments in Residence C (RC), Business A-1 (BA-1), Business B-1 (BB-1), and
Multi-family (MF) zoning districts and Age Restricted Housing developments by special
permit in an Age-Restricted Housing overlay zoning district.

Page 66 of 235

5.4.2 Accessory Uses

Accessory uses customarily incidental to any principal use permitted in any district shall be
authorized herein.
5.4.3 Accessory Buildings As Dwellings
No accessory buildings may be used as dwellings.
5.4.4 Injurious Uses
No premises shall be used, and no buildings or structures shall be constructed, enlarged,
reconstructed or used for any purpose which by the emission or discharge of fumes, vapor,
gas, dust, offensive odors, chemicals, poisonous fluids, or substances, refuse, organic
matter, or excrement or by the causing of noise or vibrations, or by unduly increasing the
risk from fire or explosion, or otherwise would be dangerous or injurious to the public
health or safety, or for any purpose which would be for any reason injurious to the health,
safety, or welfare of the inhabitants of the town.
5.4.5

Business A Permitted Uses

Business A permitted uses shall include any establishments of a similar and not more
objectionable character to those set forth in Table 5-2, provided the principal use thereof
shall be to store and display goods or products for sale at retail on the premises or to engage
in a service enterprise and provided that no goods or products may be manufactured or
processed on the premises except for sale at retail thereon.
Mixed-use buildings including residential uses shall be allowed in the Business A zoning
district. No commercial uses shall be allowed above any residential use.

5.5 TABLE OF USE REGULATIONS

Page 67 of 235

Key:

Blank cell=Not permitted

Use Category Specific Use

Residential

P= Permitted

SPP=Special Permit PB

Notes

RA

Single-family detached dwelling

RA-1 RA-2 RB

Two-family dwelling

P
P

Multi-family dwellings
Boarding house or lodging club

RC

SPR=Site Plan Review

RD

NB

SPR

SPR

SPR

SPR

Churches or other religious purposes

and any religious sectarian or
denominational educational purposes
Cemeteries adjacent to or in extension
of existing cemeteries and cemeteries
for the sue of religious societies
Educational uses, not conducted for
profit
Private educational uses conducted for
gain
Child care facilities

Family home daycare

Recreation community center

IP

IP-L

MF

MH

REC

SPR

SPB
SPR

The director must file a copy of

the operating license with the
Building Inspector before a
certificate of occupancy can be
issued.

SPR

SPR

SPR

SPR

SPR

SPZ/S
SPR
PR
SPR

RA

RA-1 RA-2

RB

RC

RD

NB

BA

BA-1

BB

BB-1

CBD

IP

IP-L

MF

MH

REC

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPP

SPP

SPP

SPP

SPP

SPP

SPP

SPP

SPP

SPP

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPP

SPP

SPP

SPP

SPP

SPP

Adult day care facility

Recreational
Uses

SPP

Civic

Day Care

BB-1 CBD

SPR

Mixed Use Building

Educational
Uses

BA-1 BB

Mobile home parks

Rest home, convalescent home,
nursing home

Religious/Ce
metery

BA

SPZ=Special Permit ZBA

Building grounds must be for

games and sport. Center must SPZ/S SPZ/S SPZ/ SPZ/S SPZ/ SPZ/
be of a non-profit character
PR
PR SPR PR SPR SPR
only. See section 8.12 for
additional standards

SPP

SPP

SPZ/S
PR

Page 68 of 235

RA

RA-1 RA-2

RB

RC

RD

NB

BB

BB-1

SPR

SPR

SPR

SPZ/ SPZ/S SPZ/

SPR PR SPR

SPR

SPR

SPR

Recreational uses, athletic fields,

parks, marinas, and similar outdoor
uses

Correction institute or place of

detention

Alteration, expansion,
remodeling or repair of existing
structures only in BA, BB and BB1 districts

Hospital, sanitarium

Non-profit hospitals or
sanitariums are permitted. See
Section 8.11 for additional
standards

Membership clubs, lodges

Municipal, county, state, and federal
use

P
RA

Commercial
Lodging

Office

Hotel, motel, inn, bed-and-breakfast

establishment

Medical/dental center, offices, clinic,

or laboratory
All other professional, business,
insurance, executive, administrative,
and technical offices and services

Retail

RA-1 RA-2

BA-1

CBD

IP

IP-L

MF

MH

REC

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPZ/S
PR

SPR

SPR

SPR

SPR

SPR

SPR

RB

RC

RD

NB

BA

BA-1

BB

BB-1

CBD

IP

IP-L

MF

MH

REC

SPR

SPR

SPR

SPR
In the CB, BA-1 and NB district,
medical and dental offices only.
See Section 8.11 for additional
standards

BA

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

Convenience market
Bookstore, newsstands, stationery
stores, barber shops and beauty
parlors

SPR
SPR

SPR

SPR

SPR

SPR

Pharmacy, drugstore

SPR

SPR

SPR

SPR

SPR

SPR

Supermarket, grocery store

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

Furniture store

SPR

SPR

Page 69 of 235

RA

RA-1 RA-2

RB

RC

RD

NB

BA-1

BB

BB-1

CBD

Major appliance store

SPR

SPR

SPR

All other retail establishments

SPR

SPR

SPR

SPR

Gasoline filling stations and

commercial automobile parking lot
Gasoline filling station with
convenience market
Theater, billiard or pool parlor,
bowling alley, skating rinks and similar
indoor recreational uses or places of
amusement, not including carnivals or
circuses

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPZ/S
PR

SPR

SPR

SPR

All other personal service

establishments

Allowed in the Industrial zone

only in the Memorial Corridor
Overlay District

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPB

SPB

SPB

SPB

SPB

SPB

SPR

SPR

SPR

SPB

SPP

SPR

SPR

Consumer service establishments

Photocopy shop, printing shop
engaged in sheet-fed printing
Bank, credit union, trust company or
similar financial institution

SPR

Bank, credit union or trust company

with drive-through service
Establishments providing drive-thru
service
Restaurants, cafeterias, lunchrooms,
coffee shops, and other similar eating
establishments
Drive-in, take-out, or fast-food
restaurant
Taverns, pubs, and cocktail lounges

IP

IP-L

SPR

SPR

MF

SBZ/
SPR

Adult theater, bookstore, and club

Self-service stores for laundry and drycleaning

Restaurant

BA

SPR

SPR

SPR
Allowed in the Industrial zone
only in the Memorial Corridor
Overlay District

SPR

SPR

SPR

SPB
SPR

SPR

SPP
(in
MC)

SPP
(in
MC)
SPR

Page 70 of 235

MH

REC

RA

Sale of trailers

The purchase and sale of

second hand or used cars shall
be allowed as it is considered
incidental or secondary to the
sale of new cars.
See Section 8.10 for additional
standards
The purchase and sale of
second hand or used cars shall
not be considered a secondary
use to the sale of new or used
trailers.

Rental and leasing of motor vehicles

and trailers

On-premise repair and detailing

of lease vehicles subject to
review and approval as a Repair
Garage

Vehicle Sales
New car dealerships
and Service
Sale of used motor vehicles

RA-1 RA-2

RB

RC

RD

NB

Other

See Section 8.15 for additional

standards.
SPR
Allowed in the Industrial zone
only in the Memorial Corridor
Overlay District

Telephone and express offices, radio

and television broadcasting stations
and film studios
Recreational camps or overnight
camps or cabins

Wireless communication facilities

SPR

SPR

CBD

SPR

SPR

SPR

SPR

SPR

SPR

SPP

SPP

SPP

SPR

SPR

SPR

SPP

SPP

SPP

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR
See Section 8.18.3
Subject to the standards
outlined in section 8.18

BB-1

IP

IP-L

MF

MH

REC

SPR

Therapeutic Massage Facilities

Residential communications link

BB

SPP

Funeral home

Tradesman

BA-1

SPR

Car wash
Repair garage

BA

SPR

SPR

SPP
(in
MC)
SPR

SPR

SPR

SPR

Page 71 of 235

Agricultural
Uses

RA

Agriculture, horticulture, floriculture,

or viticulture

Must be located on parcels of

land with more than 5 acres.
No yard for the raising of swine
and livestock shall be situated
nearer than 100 feet to any lot
line or any building or structure
used for human habitation. No
poultry yard shall be situated
nearer than 100 feet to any lot
line or any building or structure
used for human habitation. A
farmstand must be located at
least 30 feet from any street
line and accessible over a
private driveway. Farmstands
shall be accessory to a dwelling
on the same lot.

RA-1 RA-2

RB

RC

RD

NB

BA

BA-1

BB

BB-1

CBD

IP

IP-L

MF

MH

REC

SPR

SPR

SPR

SPR

SPR

SPR

Nurseries & greenhouses

Animal shelters, animal clinics,
veterinary hospital
Removal of soil, loam, sand or gravel
from land not in public use*

SPR

SPR

SPR

SPR

SPR

SPR

NB

BA

BA-1

BB

BB-1

CBD

IP

IP-L

MF

MH

REC

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

Taxi terminals and limousine livery

SPR

SPR

Truck terminals and freight handling

SPR

SPR

SPR

SPR

SPR

SPR

SPR

IP

IP-L

MF

MH

REC

Industrial
Transportatio Bus, railroad or other public
transportation stations
n

P
RA

RA-1 RA-2

RB

RC

RD

Does not include railroad yards,

shops and sheds

SPR

Railroad yards, shops and sheds

Industry

Converting, fabricating,
manufacturing, altering, finishing
and/or assembling uses
RA

RA-1 RA-2

RB

RC

RD

NB

BA

BA-1

SPR

SPR

BB

BB-1

CBD

Scientific and/or research laboratory

SPR

SPR

SPR

SPR

SPRPage
SPR

Newspaper printing, job printing,

upholstering, laundries, cleaning and

SPR

SPR

SPR

SPR

SPR

SPR

72 of 235

Page 73 of 235

RA

RA-1 RA-2 RB

RC

RD

NB

BA

BA-1 BB

BB-1 CBD

IP

IP-L

Scientific and/or research laboratory

SPR

SPR

SPR

SPR

SPR

SPR

Newspaper printing, job printing,

upholstering, laundries, cleaning and
dyeing establishments

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

Contractors, yards and buildings

General industrial uses not commonly
considered hazardous or noxious

Storage

Open storage of raw materials,

finished goods, or construction
equipment and structures for storing
such equipment

SPR

Must be screened from public

view. The preferred method of
such screening shall be a
landscaped arrangement of
plantings; if this is not feasible,
opaque fencing shall be used.

Bulk storage in buildings

SPR

Self-storage units

Junk yards, junk storage, scrapping of

motor vehicles and parts and the
salvage thereof

All operations thereunder shall

be allowed only upon
adequately enclosed premises
and subject to other
appropriate conditions for
purpose of
safeguarding the health, safety
and welfare of the inhabitants
of the Town. See Section 10.5
for additional standards.

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

MF

MH

SPR

SPR
SPB

SPA/
SPR

Page 74 of 235

REC

RA

Sewage disposal, incineration,

reduction of or dumping of offals,
garbage or refuse

Waste
Warehousing/
Wholesale
Warehouse/retail trade and
distribution facility
Trade

RA-1 RA-2

RB

RC

RD

NB

BA

BA-1

All operations thereunder shall

be allowed only upon
adequately enclosed premises
and subject to other
appropriate conditions for
purpose of safeguarding the
health, safety and welfare of
the inhabitants of the Town.

BB

BB-1

CBD

SPZ/
SPR

Other

Accessory
Structures

SPR

RA

A private garage shall be

permitted only as an accessory
use and shall be subject to all
applicable provisions of this
ordinance pertaining to
accessory buildings. A private
garage or storage space for not
more than three (3) motor
vehicles shall be permitted on a
lot, except as otherwise
provided therein. In the case of
multi-family or group dwellings,
individual garage storage space
Accessory residential buildings such as for each family accommodated
private garage playhouse, greenhouse on the lot may be provided
not used in farming operations, tool
either as an integral part of the
shed, or other similar accessory
building or in an accessory
structures
building or buildings

RA-1 RA-2

RB

RC

RD

NB

BA

BA-1

SPR

IP

IP-L

SPP

SPP

SPP

SPR

SPR

SPR

SPR

SPR

SPR

IP

IP-L

MF

MH

REC

MF

MH

REC

SPP

Distributorships dealing with

commercial and industrial supplies
Wholesale trade and distribution,
warehousing establishments, moving
and storage operations

SPR

SPR

BB

BB-1

SPR

CBD

Page 75 of 235

RA
Accessory industrial and commercial
structures uses to serve principal
industrial and commercial uses
respectively

Temporary structure

Accessory structures greater

than 600 square feet in area
shall require a Special Permit
issued by the Planning Board.
See Section 10.0 for additional
standards.
See Section 8.2 for additional
standards.
See Section 8.4 for additional
standards.

Storage

With the exception of singlefamily and two-family dwellings

all equipment, vehicles, storage
bins, etc., associated with snow
removal, care of grounds, solid
waste disposal and
maintenance in general shall be
stored in designated areas,
distinct from open space and
associated with automobile and
pedestrian circulation and shall
be shielded from public and
private view. Such storage shall
be consistent with fire and
safety regulations.

Accessory signs
Fences

RA-1 RA-2

RB

RC

RD

NB

BA

BA-1

BB

BB-1

CBD

IP

IP-L

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

SPR

MF

MH

REC

SPR

SPR

SPR

SPR

SPR

Page 76 of 235

RA

Vehicle
Storage/Stan Garaging or parking of commercial
vehicles
dards

Vehicles used primarily for

agricultural purposes on the
premises
exempt of
No ownerare
or occupant
property in the Town shall
allow any unregistered motor
vehicle to be stored in the open
for a period of more than 90
days in a calendar year.
Owners or occupants of
property in violation of this
paragraph shall be subject to
the appropriate regulations of
Chapter I, i.e., General
Provisions of this bylaw.

RA-1 RA-2

RB

RC

RD

NB

BA

BA-1

BB

BB-1

SPR

SPR

CBD

IP

IP-L

MF

MH

SPR

SPR

SPR

SPR

SPR

REC

SPP

SPP

SPP

SPP

SPP

SPP

SPP

SPP

SPP

SPP

SPP

SPP

SPP

SPP

SPP

SPP

SPP

SPR

Accessory storage of unregistered

motor vehicle stored in the open

Accessory off-street parking and

loading standards
Common Driveway

See Section 9.0 for additional

standards.
In CB district, the use may be
operated as a principal or
accessory use.

See Section 8.1 for standards

SPP

Off-site parking area or structure

Other

Home Occupation

See Section 8.6 for standards.

Page 77 of 235

SECTION VI. AREA, HEIGHT AND BULK REGULATIONS

6.0 APPLICABILITY OF AREA, HEIGHT AND BULK REGULATIONS
The regulations for each district pertaining to minimum lot area, minimum lot width,
minimum lot frontage, minimum lot depth, minimum front yard depth, minimum side yard
width, minimum rear yard depth, maximum height of buildings, maximum number of stories
and maximum building coverage of lot shall be specified in this section, Section 2.0
(Definitions), and set forth in Tables 6-1 and 6-2 of Area, Height and Bulk Regulations, and
subject to the further provisions of this Section.
6.1 TABLE OF AREA REGULATIONS
See Tables 6-1A through 6-1J on accompanying pages plus attached notes, which is declared
to be part of this Ordinance.

Page 78 of 235

TABLE 6-1A
WEST SPRINGFIELD TABLE OF AREA REGULATIONS
District

Use

Lot Area

Lot
Width

Minimum
Size in
Square Feet

Minimum
Width in
Feet

Frontage

Lot
Depth

Minimum in Minimum
Feet
in Feet

Front
Yard

Side Yard Rear Yard

Minimum
Depth
Required in
Feet

Minimum
Width
Required in
Feet

Minimum
Depth
Required in
Feet

Other

RA

Any
permitted use
or structure

30,000

150

75

40

20

40

See Note A & B.

RA-1

Any
permitted use
or structure

20,000

125

75

40

20

30

See Note A & B.

RA-2

Any
permitted use
or structure

15,000

100

75

30

15

25

See Note A & B.

Notes
Note A:

Section 6.3 includes additional regulations applicable in the RA, RA-1, and RA-2 districts.

Note B:

Section 7.5 contains all area regulations associated with an Age Restricted Housing development

Page 79 of 235

TABLE 6-1B
District

Use

WEST SPRINGFIELD TABLE OF AREA REGULATIONS

Lot
Lot
Front
Side
Lot Area
Width Frontage Depth
Yard
Yard
Rear Yard
Minimum Size Minimum
in Square Feet Width in
Feet

Minimum
in Feet

Minimum
in Feet

Other

Minimum Minimum
Minimum
Depth
Width
Depth Required
Required in Required in
in Feet
Feet
Feet

RB

Any permitted use or

structure

10,000

90

75

30

12

25

See Notes A, B, and F.

RC

Two-family dwelling

10,000

90

75

25

12

25

See Notes A, B and F.

Multi-Family dwelling

RD

See Notes B, C, D, and F.

3 dwelling units
4 dwelling units
5 dwelling units
6 or more dwelling
units
Any other permitted
use or structure

21,000
28,000
36,000
Note E

100
100
125
150

100
100
100
100

150
150
150
150

30
30
30
30

15
15
15
15

25
25
25
25

10,000

90

75

25

12

25

See Note F.

Single family dwelling

Two- family dwelling
Multi-Family dwelling
3 dwelling units
4 dwelling units
5 dwelling units
6 or more dwelling
units
Any other permitted
use or structure

5,000
10,000

50
90

50
75

15
25

12
12

25
25

See Notes B and F.

See Notes A, B, and F.
See Notes B, C, D, and F.

21,000
28,000
36,000
Note E

100
100
125
150

100
100
100
100

150
150
150
150

30
30
30
30

15
15
15
15

25
25
25
25

10,000

90

75

25

12

25

See Note F.

See Following Page for Notes A-F.

Page 80 of 235

TABLE 6-1B (Continued)

Notes for Districts RB, RC, and RD
Note A:

A two-family dwelling shall provide a minimum net floor area of 640 square feet per dwelling unit.

Note B:

For any residential use, all required front and side yard areas shall be landscaped and shall not be devoted to off-street parking, excluding the access drive to
the driveway area, which can be no greater than 16 feet wide. All remaining lot area not devoted to building or off-street parking shall be suitably planted
and landscaped for resident use. A landscaped buffer at least 5 feet wide shall be maintained between off-street parking space and all lot lines.

Note C:

Every dwelling shall provide a minimum net floor area, per dwelling unit, as follows for multi-family dwelling units.
One Room units - 325 square feet
Two room units - 450 square feet
Each additional room - 120 square feet

Note D:

All multi-family dwelling developments shall also meet the additional standards in Section 7.3 of this Ordinance.

Note E:

For Multi-family dwellings with 6 or more dwelling units, the minimum lot area is 43,000 sq. ft. for the first 6 dwelling units; 3,000 sq. ft. for each
additional dwelling unit.

Note F:

Section 6.3 includes additional regulations applicable in the RB, RC and RD districts.

Page 81 of 235

TABLE 6-1C
WEST SPRINGFIELD TABLE OF AREA REGULATIONS
District

BA

Use

Any
permitted
use or
structure

Lot Area

Lot
Width

Minimum
Size in
Square Feet

Minimum
Width in
Feet

7,500

75

Frontage

Lot
Depth

Minimum in Minimum
Feet
in Feet

50

Front
Yard

Side Yard Rear Yard

Minimum
Depth
Required in
Feet

Minimum
Width
Required in
Feet

Minimum
Depth
Required in
Feet

25

10

25

Other

See Notes B and C.

Notes
Note A:

No principal building shall exceed four thousand (4,000) square feet in floor area, measured on the first floor thereof.

Note B:

Section 6.3 includes additional regulations applicable in the NB and BA districts.

Page 82 of 235

TABLE 6-1D
WEST SPRINGFIELD TABLE OF AREA REGULATIONS
District

BA-1

Use

Lot Area

Lot
Width

Minimum
Size in
Square Feet

Minimum
Width in
Feet

Frontage

Lot
Depth

Front
Yard

Side Yard

Rear
Yard

Minimum
in Feet

Minimum
in Feet

Minimum
Depth
Required in
Feet

Minimum
Width
Required in
Feet

Minimum
Depth
Required in
Feet

Multi-family
dwelling

Other

See Notes A, B, C, D, and E.

3 dwelling units
4 dwelling units
5 dwelling units

21,000
28,000
36,000

100
100
125

100
100
100

150
150
150

30
30
30

15
15
15

25
25
25

6 or more
dwelling units

Note E

150

100

150

30

15

25

Repair garage and

alcohol beverage
establishment

15,000

150

50

Note F

Note G

Note G

See Note A.

Any permitted
use or structure

15,000

150

50

Note F

Note G

Note G

See Note A.

See Following Page for Notes A - G.

Page 83 of 235

TABLE 6-1D (Continued)

Notes for District BA-1

Note A:

Section 6.3 includes additional regulations applicable in the BA-1 district.

Note B:

All required front and side yard areas shall be landscaped and shall not be devoted to off-street parking space.

Note C:

Allowable densities for multi-family dwellings shall be provided as follows:

1 story not allowed
2 stories 20 units per acre
3 stories 30 units per acre
4 stories 35 units per acre
5 stories 45 units per acre
6 stories 55 units per acre

Note D:

All multi-family developments shall also meet the additional standards in Section 7.3 of this Ordinance, except where the standards of Section 6.6
or other sections specifically modify these standards for multi-family uses in the BA-1 district.

Note E:

For multi-family dwelling with 6 or more dwelling units, the minimum lot area is 43,000 sq. ft. for the first 6 dwelling units, 3,000 sq. ft. for each
additional dwelling unit.

Note F:

Front yard setback shall be at least 25 feet. In addition, no portion of a building shall be closer to the front yard street line than the height of the
building at that point.

Note G:

Side and rear yard setbacks shall be at least 20 feet. In addition no portion of a building shall be closer to a rear or side lot line than 0.5 times the
height of the building at this point.

Page 84 of 235

TABLE 6-1E
WEST SPRINGFIELD TABLE OF AREA REGULATIONS
District

Use

Lot Area

Lot
Width

Average
Size in
Square Feet

Minimum
Width in
Feet

Frontage

Lot
Depth

Minimum in Minimum
Feet
in Feet

Front
Yard

Side Yard Rear Yard

Minimum
Depth
Required in
Feet

Minimum
Width
Required in
Feet

Minimum
Depth
Required in
Feet

Other

BB

Any
permitted
use or
structure

7,500

75

50

25

10

25

See Note A.

BB-1

Any
permitted
use or
structure

7,500

75

50

25

10

25

See Note A.

Notes
Note A:

Section 6.3 includes additional regulations applicable in the BB and BB-1 district.

Page 85 of 235

TABLE 6-1F
WEST SPRINGFIELD TABLE OF AREA REGULATIONS
District

Use

Lot
Area

Lot
Lot
Width Frontage Depth

Minimum Minimum
Size in
Width in
Square
Feet
Feet
CB

Any
permitted
use or
structure

8,500

85

Minimum
in Feet

50

Front
Yard

Minimum Minimum
in Feet
Depth
Required
in Feet
-

Note B

Side
Yard

Rear
Yard

Minimum
Width
Required
in Feet

Minimum
Depth
Required
in Feet

Note C

Other

See Notes A, B, and C.

Notes
Note A:

Section 6.3 includes additional regulations applicable in the CB district.

Note B:

The depth of required front yards shall be not less than the average setback of any principal buildings within 125 feet on each side of the proposed
development. Said 125 foot distance shall be measured from the midpoint of the front street line but need not extend across any intervening street with a
right of way width of 30 feet or more. In no case, however, shall the front yard setback exceed 25 feet. In the event there are no buildings
on either side of the proposed development, such development may be placed on the front street line, provided entrances and exits are designed to prevent
doors from opening into public sidewalks.

Note C:

Side yards, corner lots: No part of any building on a corner lot shall be nearer the side street line than the average setback of any principal building on such
side street within 150 feet of the proposed development. Said 150 foot distance shall be measured from the midpoint of the side street line for such
development but need not extend across any intervening street within a right of way width of 30 feet or more. In no case shall the depth
of such a side yard exceed 15 feet and for those corner side yards located along arterial streets, the depth of side yards shall not be less than
15 feet. In all other cases, if there are no principal within 150 feet of the proposed development, such development may be placed on the side street line
provided entrances and exits are designed to prevent doors from opening into public sidewalks. In order to meet this requirement, uses in CB districts are
exempt from Section 6.38.

Page 86 of 235

TABLE 6-1G
WEST SPRINGFIELD TABLE OF AREA REGULATIONS
District

Use

Lot
Area

Lot
Lot
Width Frontage Depth

Minimum Minimum
Size in
Width in
Square
Feet
Feet

Minimum
in Feet

Front
Yard

Side
Yard

Rear
Yard

Other

Minimum Minimum Minimum Minimum

in Feet
Depth
Width
Depth
Required Required Required
in Feet
in Feet
in Feet

Any
permitted
use or
structure

7,500

75

50

25

10

25

See Note A.

IP

Any
permitted
use or
structure

70,000

200

50

45

45

45

See Note A.

IP-L

Any
permitted
use or
structure

25,000

100

50

35

25

35

See Note A.

Notes
Note A: Section 6.3 includes additional regulations applicable in the I, IP and IP-L districts.

Page 87 of 235

TABLE 6-1H

District

Use

WEST SPRINGFIELD TABLE OF AREA REGULATIONS

Lot
Lot
Front
Side
Lot Area Width Frontage Depth Yard
Yard
Rear Yard
Minimum Minimum
Size in
Width in
Square Feet
Feet

Minimum Minimum Minimum Minimum

in Feet
in Feet
Depth
Width
Required Required
in Feet
in Feet

REC

Any permitted use or

structure

2 acres

100

25

25

25

MF

Any permitted use or

structure
Any permitted use or
structure

5 acres

200

150

45

45

5 acres

200

150

45

45

MH
PUD

Any permitted use or

structure

WSP

Any permitted use or

structure

Other

Minimum Depth
Required in Feet

See Notes A and B.

See Section 7.7 regulations.

30,000

Note C

Note C

Note C

Note C

Note C

Note C

See Section 7.1.

Notes
Note A:

Density should not exceed 5.5 dwelling units per acre.

Note B:

At least 45 percent of the total site area shall be devoted to open space, pedestrian facilities and resident use.

Note C:

The requirements for the underlying district shall prevail.

Page 88 of 235

6.2 TABLE OF HEIGHT AND BULK REGULATIONS

See Tables 6-2 on accompanying pages plus attached notes, which are declared to be part of
this Ordinance.
TABLE 6-2
WEST SPRINGFIELD TABLE OF HEIGHT AND BULK REGULATIONS
Building
Number of
Building
District
Use
Height
Building Stories Coverage of Lot
Other
Maximum
Permitted in Feet

Maximum Number
of Stories

Maximum Percentage
Permitted

RA

Any permitted use

or structure

40

2.5

20%

See Note B

RA-1

Any permitted use

or structure

40

2.5

20%

See Note B

RA-2

Any permitted use

or structure

40

2.5

25%

See Note B

RB

Any permitted use

or structure

40

2.5

30%

RC

Any permitted use

or structure

60

45%

See Note A.

RD

Any permitted use

or structure

60

45%

See Note A

BA

Any permitted use

or structure

60

90%

See Note A.

BA-1

Any permitted use

or structure

75

50%

See note A.

BB

Any permitted use

or structure

60

60%

See Note A.

Notes
Note A:

Special permits as to building height limits may be granted by the Board of Appeals provided that
such permits require side yards of not less than one-fourth of the height of the building

Note B:

Section 7.5 contains all height and bulk regulations associated with an Age Restricted Housing development

Page 89 of 235

TABLE 6-2
(Continued)
WEST SPRINGFIELD TABLE OF HEIGHT AND BULK REGULATIONS
District

Use

Building
Height

Number of
Building
Building Stories Coverage of Lot

Maximum
Permitted in Feet

Maximum Number
of Stories

Maximum Percentage
Permitted

Other

BB-1

Any permitted use

or structure

60

60%

See Note A.

CB

Any permitted use

or structure

60

90%

See Note A.

Any permitted use

or structure

60

60%

See Note A.

IP

Any permitted use

or structure

60

50%

IP-L

Any permitted use

or structure

25

40%

REC

Any permitted use

or structure

40

20%

MF

Any permitted use

or structure

60

20%

See Note C.

MH

Any permitted use

or structure

60

20%

See Note C.

PUD

Any permitted use

or structure

WSP

Any permitted use

or structure

Note C

Note D

See Section 7.7 for standards.

Note C

Notes
Note A:

Special permits as to larger height limits may be granted by the Board of Appeals provided that such
permits require side yards of not less than one-fourth of the height of the building.

Note B:

The maximum number of principal buildings may vary.

Note C:

The requirements for the underlying district shall prevail.

Note D:

The maximum coverage of impermeable surfaces on any lot, including but not limited to
structures, driveways and parking areas, shall be 20% of the lot.

Page 90 of 235

6.3 GENERAL AREA, HEIGHT AND BULK REGULATIONS APPLICABLE IN ALL

ZONING DISTRICTS
6.3.1 Required Yard or Open Space
No part of a yard or other open space required about any building for the purpose of
complying with the provisions of this Ordinance shall be included as a part of a yard or other
open space similarly required for another building.
6.3.2 Reduction of Lot Areas
No lot shall be reduced in size or area so that any yard, court, open space, frontage, lot width
or lot area will be less than what is prescribed by this Ordinance for the district in which the
lot is located, unless it is recombined with an abutting lot and a plan of the recombined lot is
approved by the Planning Board and recorded in the Hampden County Registry of Deeds or
the Land Court of Hampden County. This provision shall not apply in the case of a lot when
a portion thereof is taken for a public purpose.
6.3.3 Height Exceptions
The provisions of this Ordinance governing the height of buildings shall not apply to
chimneys, cooling towers, elevator bulkheads, skylights, ventilators and other necessary
appurtenances usually carried above roofs, nor to domes, stacks, or spires if not used for
human occupancy, nor to ornamental or observation towers, and like structures which
occupy not more than twenty-five (25) percent of the ground area of the building or of the lot
area. The provisions of this Ordinance shall not prevent the erection of a parapet wall or
cornice for ornamental purposes extending above such height limit for not more than five (5)
feet.
6.3.4 Yard Exceptions and Projections
The following exceptions and projections shall be permitted:
a. Unenclosed Porches
An unenclosed unroofed one-story porch, erected on piers, may project into any required
front yard a distance not to exceed four (4) feet, and into a required rear yard a distance
not to exceed ten (10) feet, and shall not be considered in the determination of the size of
yards or lot coverage.
b. Enclosed Porches
Any two-story or enclosed porch, or a porch having a solid foundation and capable of
being enclosed, shall be considered an integral part of the building in the determination
of the size of required yards or lot coverage.
c. Existing Porches
A porch existing prior to the effective date of this Ordinance may be enclosed on one or
more sides provided said porch is not nearer than ten (10) feet to any street line, and
Page 91 of 235

provided that no such enclosure shall consist of material other than screen or glass to the
extent of more than twenty-five (25) percent thereof.
d. Projecting Architectural Features
The space in any required yard shall be open and unobstructed except for the ordinary
projections of window sills, belt course, cornices, eaves and other architectural features,
provided, however, that such features shall not project more than two (2) feet into any
required yard.
e. Bay Windows
Bay windows, including their cornices and eaves, may project into any required yard not
more than two (2) feet, provided, however, that the sum of such projections on any wall
shall not exceed one-third of the length of said wall.
f. Fire Escapes
Open or lattice enclosed metal fire escapes may project not more than five (5) feet into a
rear yard.
g. Terraces
A paved terrace shall not be considered in the determination of yard sizes or lot coverage,
provided however, that such terrace is unroofed and without walls, parapets or other forms
of enclosure. Such terraces, however, may have an open guard railing not over three (3)
feet high, and shall not project into any yard to a point nearer than five (5) feet to any lot
line.
h. Basement Bulkheads
Basement bulkheads may project into any required side or rear yard. Basement access
structures may not project into any required side or rear yard. Basement bulkheads or
basement access structures shall not be permitted between the structure and any street line.
6.3.5 Accessory Structures
a. Accessory structures shall be located in the rear yard of the principle structure.
b. No more than twenty-five (25) percent of a rear yard shall be occupied by accessory
structures.
c. Accessory structures located on a corner lot shall be set back from any street line a
distance equal to or greater than that required of the principal structure.
d. Except for structures used for agricultural purposes as defined by M.G.L., C.40A,
s.3, the footprint of the accessory structure shall not be greater than that of the principal
structure.
e. Except for structures used for agricultural purposes as defined by M.G.L., C.40A,
Page 92 of 235

s.3, the height of an accessory structure shall not be greater than that of the principal
structure.
f. Accessory structures less than 400 square feet must be located a minimum of 10 feet
from the side and rear property lines and 15 feet from the principal structure.
g. Structures greater than 400 square feet shall be set back from the side and rear
property lines and principal structure a minimum distance equal to the height of the
accessory structure or fifteen (15) feet, whichever is greater.
h. No signs, as defined in this Ordinance, shall be attached to an accessory structure.
i. Accessory structures greater than 600 square feet in area and located in a RA, RA-1, RA2 or RB zoning district shall require the issuance of a Special Permit by the Planning
Board.
j. Storage/cargo containers, box truck bodies, or similar structures shall not be permitted
to be used as an accessory structure in any residential district or any residential use. If used
for any commercial and industrial accessory structure, the structure shall meet the setback
requirements outlined in Section 6.3.5.
k. Portable moving type storage containers shall be allowed for a period of not more than
sixty (60) days in any calendar year.
l. Automotive and camper tent shelters shall be considered accessory structures and shall
meet all requirements of Section 6.3.5.
6.3.6 Visibility at Intersections
On a corner lot, no signs, fence, wall, tree, hedge or other vegetation, and no building or
other structure more than three and one-half (3 1/2) feet above the established street grades
shall be erected, place or maintained within the area formed by the intersecting street lines
and a straight line joining said street lines at points which are twenty-five (25) feet distance
from the point of intersection, measured along said street lines.
6.3.7 Front Yards As Affected By Abutting Existing Buildings
No part of any building needs to set back from the street line of any street on which it faces
more than the average of the setbacks of existing buildings on the lots adjacent thereto on
either side thereof and facing on the same street and within the same zoning district. Where
no such existing building exists, the front yard requirements of the zoning district in which
such building is located shall be applicable.
6.3.8 Corner Lots and Side Yards

Page 93 of 235

No part of any building on a corner lot shall be nearer the side street line than fifteen (15)
feet or the required side yard, whichever is greater.
6.3.9 Rear Yards For Through Lots
The rear yard setback in the case of an interior lot running through a block from street to
street shall be equal to the required depth for the front yard applicable thereto.
6.3.10

Lot Width For All Lots

Lot width for all lots shall follow the definition in Section 2. In the case of any
confusion/disagreement with the Building Commissioner with determination about lot
width, an application for appeal can be submitted to the Board of Appeals.
6.4 ADDITIONAL AREA, HEIGHT AND BULK REGULATIONS APPLICABLE IN
BUSINESS A-1 (BA-1) DISTRICTS ONLY
6.4.1 Motor vehicle parking areas shall not be permitted between any principle building and
the street line.
6.4.2 The distance between principal buildings on a single lot shall not be less than the height
of the higher building.
6.4.3 Development within Business A-1 districts shall be oriented to Park Street or Park
Avenue. With the exception of Main Street, access to developments within Business A-1
districts shall not be allowed over streets on which fifty (50) percent or more of assessed
parcels are devoted to residential uses.
6.5 AREA, HEIGHT, AND BULK REGULATIONS APPLICABLE IN THE CENTRAL
BUSINESS DISTRICT
6.5.1
Conversion of existing single and two-family dwellings to other uses permitted
within the Central Business District need not meet the lot area requirement of Table 6-1G
provided any such conversion retain the external appearance and facade of a single- or twofamily dwelling.
6.6 ADDITIONAL REQUIREMENTS RELATED TO INFILL LOTS, DIMENSIONAL
REDUCTION, AND LOT SIZE AVERAGING IN RESIDENTIAL LOTS
6.6.1 The Zoning Board of Appeals may issue a Special Permit to allow for a reduction in
dimensional requirements (lot area, lot width, frontage, or building coverage), as
defined in Section 6, for lots in existence prior to 1993 in all residential districts
provided they find all of the following:
a. the proposed lots dimensions are equal or greater than the average (the sum of the
values divided by the number of values) dimensions of at least seventy percent
(70%) of the lots located within the same zoning district within a 300 foot radius
Page 94 of 235

of the lots property lines, but in no case shall such lot have less than 50 feet of
frontage and 5,000 square feet of lot size;
b. The applicant shall provide a list of all of the lot sizes, densities, and frontages
corresponding to the properties required above, derived from the Citys Assessors
maps, as well as the mathematical equation determining the averages of at least
seventy percent (70%) of the lots considered;
c. the reduction of the dimension does not exceed twenty percent (20%) of the
dimensions required for the particular zoning district;
d. Adequate off-street parking shall be provided on-site;
e. The applicant has received no other Special Permit related to the site of parking
reduction or increase in density;
f. Such reduction may be accomplished without substantial detriment to the
neighborhood;
g. The deviation shall constitute no significant hazard to abutters, pedestrians, or
vehicles;
h. The lot shall be in conformity with all other applicable Zoning Ordinance
requirements;
i. The proposed dwelling is consistent with the architectural style, scale, setbacks and
character of the immediate neighborhood (abutters and abutters to abutters) in that
same zoning district; and
j. The deviation shall not be located within a Water Supply Protection District.

Page 95 of 235

SECTION VII. SPECIAL DISTRICT REGULATIONS

7.0 WATER SUPPLY PROTECTION DISTRICT
7.0.1 Purpose
To promote the health, safety and welfare of the community by protecting and preserving the
surface and groundwater resources of the Town and the region from any use of land or
buildings which may reduce the quality and quantity of its water resources.
7.0.2 Scope of Authority
The Water Supply Protection District is an overlay district and shall be superimposed on the
other districts established by this Ordinance. All regulations of the Town of West
Springfield Zoning Ordinance applicable to such underlying districts shall remain in effect,
except that where the Water Supply Protection District imposes additional regulations, such
regulations shall prevail.
7.0.3 District Delineation
a. The Water Supply Protection District is herein established to include all lands within
the Town of West Springfield lying within the watershed area of reservoirs which
now or may in the future provide public water supply. The map entitled Water
Supply Protection District, Town of West Springfield, on file with the Town Clerk,
delineates the boundaries of the district.
b. Where the bounds delineated are in doubt or in dispute, the burden of proof shall be
upon the owner(s) of the land in question to show where they should properly be
located. At the request of the owner(s) the Town may engage a professional
hydrogeologist to determine more accurately the location and extent of an aquifer or
watershed area, and may charge the owner(s) for all or part of the cost of the
investigation.
7.0.4 Permitted Uses
The following uses are permitted within the Water Supply Protection District, provided that
they comply with all applicable restrictions in this Ordinance, including but not limited to
Sections 7.0.5 - 7.0.7:
7.0.4.1 Single family residences;
7.0.4.2 Residential accessory uses, including garages, driveways, private roads, utility
rights of way, and on-site wastewater disposal systems;
7.0.4.3 Agricultural uses such as farming, grazing and horticulture;
7.0.4.4 Forestry and nursery uses;
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7.0.4.5 Outdoor non-commercial recreational uses, including fishing, boating, play areas,
hiking, nature study, and picnicking but excluding court and field sports such as tennis
and baseball;
7.0.4.6 Conservation of water, plants, and wildlife; wildlife management areas;
7.0.4.7 Family home day care, and child care facilities;
7.0.5 Prohibited Uses
The following uses are prohibited within the Water Supply Protection District:
7.0.5.1 Business and industrial uses, not including agriculture, horticulture, floriculture
or viticulture which generate, treat, store, or dispose of hazardous wastes, including but
not limited to metal or jewelry plating, chemical or plastics manufacturing, wood
preserving, furniture stripping, dry cleaning, and auto body repair, photography
laboratories, asphalt plants, hazardous materials processing or transfer, laboratory
operations, machine shops, metal working, electronic components or semi-conductor
manufacturing, except for the following:
a.very small quantity generators of hazardous waste, as defined by 310 CMR 30.00 as
amended which generate less than 20 kilograms or 6 gallons of hazardous waste per
month may be allowed by Special Permit in accordance with Section 1.9 of this
Ordinance;
b.household hazardous waste collection centers or events operated pursuant to 310 CMR
30.390 as amended;
c.waste oil retention facilities required by M.G.L. C.21, s.52A, and;
d.treatment works for the remediation of contaminated water supplies, which are
approved by Mass. Department of Environmental Protection and designed in accordance
with 314 CMR 5.00 as amended.
7.0.5.2 Solid waste landfills, dumps, auto recycling, junk and salvage yards, landfilling
or storage of sludge and septage with the exception of the disposal of brush or stumps.
7.0.5.3 Storage of liquid petroleum products, except for the following:
a. Storage which is incidental to:
i. normal house hold use, outdoor maintenance, or the heating of a structure;
ii. emergency generators required by statute, rule or regulation;
iii. waste oil retention facilities required by statute, rule, or regulation;

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iv. treatment works approved by the Massachusetts Department of Environmental

Protection designed in accordance with 314 CMR 5.00 for the treatment of
contaminated ground or surface waters;
provided that storage, listed in items 7.0.5.3(a) i-iv above, shall be in a free
standing, above ground container within a structure or within the basement of a
structure with secondary containment adequate to contain a spill the size of the
container's total storage capacity. The storage tank and piping must comply with all
applicable provisions of 527 CMR 9.00 Massachusetts Board of Fire Prevention
regulations.
b. Replacement of storage tanks or systems for the keeping, dispensing or storing of
gasoline, which existed the time of adoption of this Ordinance, provided that:
i. all such replacement storage tanks or systems shall be located underground as
required by Mass. Board of Fire Prevention regulation 527 CMR 14;
ii. all such storage systems shall be protected by one of the secondary containment
systems specified in Mass. Board of Fire Prevention regulations 527 CMR 9.08(3);
iii. the head of the Fire Department may deny an application for tank replacement,
or approve it subject to conditions if he or she determines that it constitutes a danger
to public or private water supplies, in accordance with 527 CMR 9.26(4)(d).
Replacement of all other storage tanks for liquid petroleum products other than
gasoline must be above ground, in accordance with Section 7.0.5.3 above.
7.0.5.6 Outdoor storage of salt, de-icing, pesticides or herbicides.
7.0.5.7 Dumping or disposal of any hazardous material or hazardous waste on the
ground, in water bodies, in septic systems or in other drainage system. This shall include
the use of septic system cleaners which contain toxic chemicals such as methylene
chloride and 1-1-1 trichlorethane.
7.0.6 Performance Standards
All uses, whether allowed by Special Permit or by right, must meet the performance
standards herein:

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7.0.6.1Sodium chloride for ice control shall be used at the minimum salt to sand ratio
which is consistent with the public highway safety requirements, and its use shall be
eliminated on roads which may be closed to the public in winter.
7.0.6.2 The storage of sodium chloride, calcium chloride, chemically treated abrasives or
other chemicals used for the removal of ice and snow on roads shall be covered and
located in a paved surface with berms, or within a structure designed to prevent the
generation and escape of contaminated run-off.
7.0.6.3 Fertilizers, pesticides, herbicides, lawn care chemicals, or other leachable
materials shall be used in accordance with the Lawn Care Regulations of the
Massachusetts pesticide Board, 333 CMR 10.03 (30, 31), as amended, with
manufacturers label instructions and all other necessary precautions to minimize adverse
impacts on surface and groundwater.
7.0.6.4 The storage of commercial fertilizers and soil conditioners shall be within
structures designed to prevent the generation and escape of contaminated run-off or
leachate.
7.0.6.5 All new long-term animal manure storage areas shall, at a minimum, be covered
or contained to prevent the generation and escape of contaminated run-off or leachate.
7.0.6.6 All hazardous materials, as defined in M.G.L. Chapter 21E, must be sorted either
in a free standing container within a building, or in a free standing container above
ground level with protection to contain a spill the size of the containers total storage
capacity.
7.0.6.7 For commercial and industrial uses, to the extent feasible, run-off from
impervious surface shall be recharged on the site by stormwater infiltration basins or
similar systems covered with natural vegetation. Such run-off shall not be discharged
directly to rivers, streams, or other surface water bodies. Dry wells shall be used only
where other methods are infeasible. All such basins and wells shall be preceded by oil,
grease, and sediment traps to facilitate removal of contamination. All recharge areas
shall be permanently maintained in full working order by the owner(s). Infiltration
systems greater than 3 feet deep shall be located at least 100 feet from drinking water
wells, and shall be situated at least 10 feet down-gradient and 100 feet up-gradient from
building foundations to avoid seepage problems. Infiltration basins and trenches shall be
constructed with a three foot minimum separation between the bottom of the structure
and maximum groundwater elevation.
7.0.6.8 In accordance with the State Plumbing Code, all vehicle maintenance facilities
must have floor drains, unless they receive a variance from the State Plumbing Board,
which must be connected to a municipal sewer system or to a state-approved holding
tanks in unsewered areas. All other facilities which use, store or maintain hazardous
materials or wastes must, with state approval, seal floor drains or connect them to a
sewer system or holding tank.
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7.0.6.9 Excavation for removal of earth, sand, gravel and other soils shall not extend
closer than ten (10) feet above the annual high groundwater table. A monitoring well
shall be installed by the property owner to verify groundwater elevations. This section
shall not apply to excavations incidental to permitted uses, including but not limited to
providing for the installation or maintenance of structural foundations, freshwater ponds,
utility conduit or on-site sewage disposal. This section shall apply to all commercial
earth removal operations, including expansions of existing operations.
a. Access road(s) to extractive operations sites shall include a gate or other secure
mechanism to restrict public access to the site.
b. As soon as possible after earth removal is completed, the land shall be restored
and stabilized with topsoil and plantings of trees and natural vegetation.
7.07 Area Regulations
7.0.7.1 Within the watershed area the minimum allowable lot size shall be 30,000 square
feet.
7.0.7.2 The maximum size for any mowed, grass lawn shall be 10,000 square feet.
7.0.7.3 The maximum coverage of impermeable surfaces on any lot, including but not
limited to structures, driveways and parking areas, shall be 20% of the lot.
7.0.8 Drainage
For all residential lots, all run-off from impervious surfaces (see definition) shall be
recharged on the site by being diverted toward areas covered with vegetation for surface
infiltration to the extent possible. Dry wells shall be used only where other methods are
infeasible, and shall be preceded by oil, grease and sediment traps to facilitate removal of
contamination. All recharge areas shall be permanently maintained in full working order by
owner.
7.0.9 Utility Requirements
All new residential uses must be tied in to the municipal sewer system.
7.0.10

Non-conforming Use

Non-conforming uses which were lawfully existing, begun or in receipt of a building or

special permit prior to the first publication of notice of public hearing for this Ordinance
may be continued. Such non-conforming uses may be extended or altered, as specified in
M.G.L. C.40A, s.6, provided that there is a finding by the Planning Board that such change
does not increase the danger of surface or groundwater pollution from such use.
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7.1 DEVELOPMENT WITHIN FLOOD HAZARD OVERLAY DISTRICTS

7.1.1

Purpose

The purposes of establishing the foregoing development standards within the Flood Hazard
overly districts of West Springfield are to:
1. Ensure public safety through reducing the threats to life and personal injury due to
flooding;
2. Eliminate new hazards to emergency response officials;
3. Prevent the occurrence of public emergencies resulting from water quality, contamination,
and pollution due to flooding;
4. Avoid the loss of utility services that if damaged by flooding would disrupt or shut down
the utility network and impact regions of the community beyond the site of flooding;
5. Eliminate costs associated with the response and cleanup of flooding conditions;
6. Reduce damage to public and private property resulting from flooding waters.
7.1.2

Definitions

a. Flood Hazard: Zone A means the 100-year floodplain area where the base flood elevation
(BFE) has not been determined. To determine the BFE, use the best available federal, state,
local, or other data.
b. Flood Hazard Zone AE means the 100-year floodplain where the base flood elevation has
been determined.
c. Establishment of Flood Hazard Areas
Section 3.1 and Section 3.4 of the West Springfield Zoning Ordinance establish Flood Hazard
overlay districts within which the restrictions of this Section apply. The Flood Hazard overlay
district includes all special flood hazard areas within the Town of West Springfield designated
as Zone A or AE on the Hampden County Flood Insurance Rate Map (FIRM) issued by the
Federal Emergency Management Agency (FEMA) for the administration of the National Flood
Insurance Program. The map panels of the Hampden County FIRM that are wholly or
partially within the Town of West Springfield are panel numbers 25013C0190E,
25013C0191E, 25013C0192E, 25013C0193E, 25013C0194E, 25013C0213E, 25013C0377E,
25013C0381E, 25013C0382E, 25013C0383E, 25013C0384E, 25013C0401E, 25013C0402E,
25013C0403E, and 25013C0404E dated July 16, 2013. The exact boundaries of the District
may be defined by the 100-year base flood elevations shown on the FIRM and further defined
by the Hampden County Flood Insurance Study (FIS) report dated July 16, 2013. The FIRM
and FIS report are incorporated herein by reference.
7.1.3

Permits Required

No development shall take place in any Flood Hazard overlay district until all necessary
local, state, and federal permits, including those required under Chapter M.G.L. 131, Section

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40, have been obtained and evidence of such permits has been submitted to and recorded by
the Building Commissioner.
No development shall take place in any Flood Hazard overlay district until all necessary
local, state, and federal permits, including those required under Chapter M.G.L. 131, Section
40, have been obtained and evidence of such permits has been submitted to and recorded by
the Building Commissioner.
7.1.4

Records

The Building Commissioner shall be the custodian of records of all permits, data and other
information including base flood elevations, elevation of lowest floors, and levels of
floodproofing required under this Section.
7.1.5

Alteration and Relocation of Streams

No river or stream shall be altered or relocated in such a way as to reduce its carrying
capacity for flood waters. Prior to the alteration or relocation of any river or stream, the
following parties must be notified in writing.
West Springfield Conservation Commission
Abutting Communities
NFIP State Coordinator
MA Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114
NFIP Program Specialist
FEMA Region I
99 High Street, 6th Floor
Boston, MA 02110
Any successor to the above-referenced agencies
7.1.6

Prohibited Structures and Uses: Floodway

In Zone AE, along watercourses within the Town of West Springfield that have had a
regulatory floodway designated on the Hampden County Flood Insurance Rate Maps, within
any Floodway, there shall be no new fixed structures and no substantial improvement of
existing structures, no permanent mooring of floating structures or vessels, no storage of
vessels, vehicles, structures, or materials other than agricultural products originating on the
site and no alteration of the channel or topography. Encroachments are prohibited in the
regulatory floodway which would result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
7.1.7

Reference to Existing Regulations

All development in Flood Hazard overlay district, including structural and non-structural
activities, whether permitted by right or by special permit must be in compliance with
Chapter 131, Section 40 of the Massachusetts General Laws and with the following:
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- Massachusetts State Building Code that addresses floodplain and coastal high hazard
area (currently 780 CMR) as amended;
- Wetlands Protection Regulations, Department of Environmental Protection (DEP)
(currently 310 CMR 10.00) as amended;
- Inland Wetlands Restriction, DEP (currently 310 CMR 13.00) as amended;
- Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP
(currently 310 CMR 15, Title 5) as amended;
Any variances from the provisions and requirements of the above referenced state
regulations may only be granted in accordance with the required variance procedures of
these state regulations.
7.1.8

Base Flood Elevation Data and Floodway Data

a. In Zones A and AE, along watercourses that have not had a regulatory floodway
designated, the best available Federal, State, local, or other floodway data shall be used to
prohibit encroachments in floodways which would result in any increase in flood levels
within the community during the occurrence of the base flood discharge. Where no
floodway data has been developed, the floodway includes the channel of any stream within
the area.
b. Base flood elevation data is required for subdivision proposals or other developments
greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones.
7.1.9

Subdivision Proposals

All subdivision proposals must be designed to assure that:

a) such proposals minimize flood damage;
b) all public utilities and facilities are located and constructed to minimize or
eliminate flood damage; and
c) adequate drainage is provided to reduce exposure to flood hazards.
7.2 MANUFACTURED/MOBILE HOME PARKS IN THE MOBILE HOME (MH)
DISTRICT
7.2.1 Site Selection Criteria
Sites for manufactured/mobile home parks shall be well drained and such drainage shall not
adversely affect surrounding areas; in addition, significant environmental assets such as
streams, brooks, large stands of trees, etc., shall be preserved. Manufactured/mobile home
sites shall not be subject to flooding, fire or safety hazards nor exposed to chronic nuisances
such as noise, smoke, fumes, or odors.
7.2.2 Density
Densities within manufactured/mobile home parks shall not exceed six (6) units per acre.
7.2.3 Buffers
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Manufactured/mobile home parks shall provide the following buffers along their property
lines. Such buffers, exclusive of reasonable access, shall be landscaped.
a. Depth of required buffer along arterial ways: fifty (50) feet.
b. Depth of buffer along all other public streets or ways: twenty-five (25) feet.
c. Depth of buffer along all other property lines: fifteen (15) feet.
7.2.4 Access and Interior Roadways
a. A manufactured/mobile home park shall have at least one direct access to a public
street by a roadway at least thirty (30) feet in width.
b. All other roadways within the park shall be at least twenty-four (24) feet in width and
shall provide access to each manufactured/mobile home space.
c. All roadways within a mobile home park shall be paved.
7.2.5 Setbacks and Required Manufactured/Mobile Home Spaces
The following requirements shall govern the placement of mobile homes within any
manufactured/mobile home park:
a. Manufactured/mobile home space: at least 4,000 square feet shall be provided for
each manufactured/mobile home.
b. Required front and rear yard: 20 feet (Note: all required front yard areas shall be
landscaped except for access to required parking spaces.
c. Required side yards: 10 feet (Note: a side yard abutting a roadway within a
manufactured/mobile home park shall be at least 20 feet deep.
7.2.6 Recreational Areas
Any manufactured/mobile home park shall provide an area not less than eight (8) percent of
the total area of the park or 25,000 square feet whichever is greater, for recreational use by
the residents of the park. Such area shall be distinct from any area designated a roadway,
parking area, circulation and access drive manufactured/mobile home space, storage,
management of service area or any buffer area required elsewhere in this Ordinance. Areas
within the park possessing such characteristics as severe wetness, extreme slope, shape or
such other conditions which would preclude reasonable use for recreation shall not be
included within the required area.
7.2.7 Walkways and Required Lighting
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a. Those areas within a manufactured/mobile home park, such as recreation areas,

service and management facilities which can be expected to generate pedestrian traffic
shall be provided with paved walkways at least three and a half (3.5) feet wide.
b. All roadways and walkways within a manufactured/mobile home park shall be
well-lighted at night.
7.2.8 Storage Areas
a. An open storage area for boats, boat trailers, camping units and similar vehicles and
surfaced with gravel, asphalt, concrete or similar substance shall be provided within the
manufactured/mobile home park at the rate of at least fifty (50) square feet per
manufactured/mobile home space.
b. An enclosed storage area of structure for the personal use of manufactured/mobile
home residents shall be provided at the rate of at least fifty (50) but not more than one
hundred (100) square feet per manufactured/mobile home space. Such storage structure
or area may be located on each manufactured/mobile home space or within conveniently
located building(s). All storage structures placed on mobile home spaces shall be
considered an integral part thereof and shall be subject to the front, rear and side yard
requirements applicable to such mobile home.
7.2.9 Parking Requirements
a. On-street parking and parking within the required front yard of any
manufactured/mobile home space is not permitted.
b. Parking for each manufactured/mobile home space shall be provided in accordance
with the requirements for single family homes contained in Section 9.0 of this
Ordinance. However, fewer parking spaces than required by Section 9.0 may be
proposed by the petitioner and approved by the Planning Board provided:
i.the petitioner demonstrates to the Planning Board that the number of spaces he will
provide is sufficient to meet the needs of residents and visitors of the
manufactured/mobile home park, and,
ii.further provided that the petitioner reserve sufficient undeveloped land to meet the
full requirements of Section 9.0. Such land shall be distinct from required
recreational, buffer, storage and walkway areas.
iii.In no case shall less than one (1) space per manufactured/mobile home space be
provided.
c. Required parking spaces may be included within each manufactured/mobile home
space.
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7.2.10

Other Requirements

a. No building within a manufactured/mobile home park shall exceed a height of twenty

(20) feet above finished grade.
b. All manufactured/mobile homes within a manufactured/mobile home park shall have
a skirting of a rigid type material. Such skirting shall be in place within thirty (30) days
after a manufactured/mobile home is placed on a manufactured/mobile home space.
7.2.11

Required Facilities

The location of required facilities including but not limited to open and enclosed storage
areas, recreational space, buffer areas and parking areas shall be clearly designated on the
required site plan.
7.2.12

Ownership and Management

Manufactured/mobile Home parks shall be owned by a legal entity who shall be responsible
for the management of the park in compliance with the requirements of this Ordinance and
the provisions of Chapter 140, Section 32A through 32Q of the General Laws of the
Commonwealth as amended.
7.3 MULTI-FAMILY DWELLING REQUIREMENTS
7.3.1 Dimensional Requirements for Multi-Family Dwellings
a. All multi-family dwelling units shall conform to the dimensional requirements
specified in Table 6-1 and Table 6-2, in addition to the dimensional requirements
specified herein.
b. The number of allowable densities for multi-family developments shall be permitted
as follows:
1
2
3
4

story
stories
stories
stories or more

10 units/acre
20 units/acre
25 units/acre
30 units/acre

c. Floor Area Ratio

The "Floor Area Ratio" (FAR) of principal buildings shall not exceed 0.52.
d. Required Open Space
Required open space shall not be less than 50 percent of the area of the multi-family
development; not more than 40 percent of that portion of any site which exceeds a
slope of 15 percent may be used to fulfill open space requirements.
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Open space shall include all portions of a lot not devoted to a building or to required
parking. All areas not used for building, parking or required open space shall be
maintained in a natural and clean condition. Such areas may be used to complement
recreational areas.
e. Maximum Permitted Lot Dimension
The maximum permitted lot dimension is up to, but not including, 5 acres for one or more
contiguous complexes in common ownership.
7.3.2
Multi-Family Dwellings Permitted by Special Permit in Multi-Family Zoning
District
Multi-family dwellings shall be permitted on a parcel 5 acres or larger in the Multi-family
Zoning District, as noted in Section 5, only upon the issuance of a Special Permit with Site
Plan Review from the Planning Board, as specified in Section 1 of this Ordinance and in
accordance with the requirements in Section 7.3.1 of this Ordinance.
7.3.3

Open Space Requirements

Any required open space must be:
a. maintained by the owner;
b. devoted to plantings (including grass areas); and
c. devoted to pedestrian oriented paved areas designated for social or recreational use in
common by the residents of the complex, and provided that such areas are kept
essentially open to the out-of-doors and are at ground level. Paved open space areas will
be clearly designated on building plans and provided and maintained with appropriate
recreational equipment. Specifically excluded from required open space are those areas
devoted to parking, parking access, and service drives whether or not designed for
multiple use and those areas deemed not usable for recreational or other tenant use. In
designating open space, due regard shall be shown for all natural features which, if
preserved, will add attractiveness and value to the development.

7.3.4

Additional Requirements for Multi-Family Dwellings

a. All utilities shall be placed underground.
b. Pedestrian walkways shall be provided to connect all buildings to parking facilities
and recreation areas. Walkways serving parking facilities shall extend to the most
distant portions of such facilities and shall be clearly distinguished, through design
and/or material and shall be protected from automobile parking spaces and driving
lanes.
c. Buffers and plantings shall be provided in accordance with the provisions of Section
8.3 of this Ordinance.
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7.4 PLANNED UNIT DEVELOPMENT (PUD) DISTRICT

7.4.1 Purpose
It is the purpose of the Planned Unit Development district to promote greater flexibility in
land use and building design by permitting modification of the specific provisions of this
Ordinance for designated areas that will be developed as a single entity, provided that the
development is compatible with the surrounding land uses and consistent with the Town's
Master Plan. A Planned Unit Development is also intended to provide for a mixture of land
uses, including residential, commercial and/or industrial; the creative use of open space; the
protection of natural resources and environmentally sensitive areas; and greater amenities to
the occupants and users of the development.
7.4.2 Minimum Planned Unit Development Area
A parcel may not be rezoned to Planned Unit Development unless it contains at least three
acres in area. Two or more owners of parcels which are less than three acres in area may
submit a cooperative petition for a PUD, provided that the total area to be rezoned equals at
least three acres in size.
7.4.3 Permitted Uses
In order to develop a Planner Unit Development, a zone change, approved by the Town
Council, shall be required. The zone change shall designate principle and secondary uses.
The Planned Unit Development district and its permitted uses constitute a zoning district, the
location of which can be designated on the Zoning Map, on file with the Town Clerk, only
through action by Town Council.
a. Principal Uses
The permitted principal uses shall be those uses which are listed as permitted uses for a
single zoning district in Table 5-1, 5-2, or 5-3 of the West Springfield Zoning
Ordinance. The petitioner shall select which zoning district is proposed as the guide
for permitted principal uses in the Planned Unit Development. All Principal uses are
permitted by right in the Planned Unit Development, subject to the restriction
contained in Table 5-1, 5-2, or 5-3.
b. Secondary Uses
The permitted secondary uses shall be those uses which are listed as permitted uses in no
more than two other zoning districts. All proposed secondary uses must be approved
by the Planning Board.
c. Mixture of Principal and Secondary Uses

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Permitted principal uses may occupy up to 100% of the land area in the Planned Unit
Development. Permitted secondary uses may occupy up to 35% of the land area in
the Planned Unit Development.
7.4.4 Development Density
The maximum permitted development density for both principal and secondary uses in a
Planned Unit Development shall not exceed the density of development that is permitted in
the principal zoning district that is designated for the PUD. For the purposes of this section,
development density is defined as the ratio of the maximum permitted floor area of all
buildings on the site to the land area of the site. The Planning Board shall also consider the
existing density of development in the surrounding area, and at the Board's discretion, may
reduce the maximum permitted development density in the Planned Unit Development to
ensure that it is compatible with the surrounding area.
7. 4.4.1 Dimensional Requirements
The following dimensional requirements are based on the requirements of the designated
principal zoning district and shall apply to all lots in a PUD. Any reduction in minimum lot
area from that required in the principal zoning district shall be accompanied by the provision
of open space or common areas, but not to include parking areas, equal in area to the
reduction in lot area.
Minimum lot area - one-half of the requirement for the principal zoning district
Minimum lot frontage - two-thirds of the minimum requirement for uses in the principal
zoning district
Maximum building coverage of lot - variable
Maximum building height - maximum building height for the principal zoning district
Minimum front yard depth - variable
Minimum side yard depth - variable
Minimum rear yard depth - variable
Required landscape buffer around perimeter of PUD - 30 feet
Number of principal buildings on a lot - variable
7.4.5 Design Criteria
One of the purposes of the Planned Unit Development district is to encourage creative and
aesthetically pleasing site design that will make efficient use of land and natural resources.
In order to further this purpose, designs incorporating the following elements and amenities,
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among others, are encouraged:

Open space
Park or recreational areas
Uniform or coordinated building design
Uniform signage
Clustering of buildings
Service roads
Common parking and service areas
Increased landscaping
Provision for transit service
Pedestrian walkways
Any other amenities found to be appropriate by the Planning Board.
7.4.6 Approval of PUD Plans
a. Special Permit Granting Authority
No Planned Unit Development shall be constructed unless a Special Permit is granted which
authorizes its construction. The Planning Board is designated as the Special Permit Granting
Authority for Planned Unit Developments. The Planning Board shall issue a Special Permit
only upon finding that all of the following conditions are met:
i.

that the Planned Unit Development is consistent with the purpose stated in Section
7.4.1 of this Section;

ii.

that departures by the proposed development from the zoning regulations otherwise
applicable to the principal zoning district are consistent with the overall intent of the
Zoning Ordinance and are in the public interest;

iii.

that the Planned Unit Development adequately provides for control over vehicular
and pedestrian traffic, both within the Planned Unit Development and outside of the
Planned Unit Development.

iv.

that the Planned Unit Development makes adequate provision for public utilities and
public safety;

v.

that plans for the continued provision and maintenance of common open space and
common use areas are adequate and are guaranteed;

vi.

that if the development of the Planned Unit Development is to occur in phases over
a period of years, that the terms and conditions intended to protect the interests of the
public and the residents, occupants and owners of the proposed development are
adequate;

vii.

that the Planned Unit Development will not have an unreasonably adverse effect on
the character and property values of the surrounding area; and,
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viii.

that sufficient legal and monetary controls exist to ensure that future development
of the Planned Unit Development will occur in accordance with the approved plan.

b. Procedural Requirements for Planning Board Actions

The Planning Board shall consider an application for a Special Permit only after Town
Council has approved a zone change to Planned Unit Development district.
c. Contents of Plans
Site plans submitted as a part of the application for a Special Permit under this section shall
be in compliance with the Section 1 of this Ordinance. In addition to all requirements of site
plan review, Planned Unit Development applications shall also include information
regarding:
i. traffic,
map showing the local traffic circulation system, existing and proposed traffic
volumes, and a description of the impacts that the development will have on the local
traffic circulation system;
ii. phased development,
for a Planned Unit Development which is to occur in phases, a description of the
various phases and a proposed development schedule;
iii. mixed development,
for developments which will include uses from both the principal zoning district and
no more than two other secondary zoning districts, a map showing the location and
percentage of land area occupied by the principal and secondary uses.
7.4.7 Modification of Special Permits
The design of any Planned Unit Development approved under the provisions of this Section
shall not be modified unless approved by the Planning Board. The Planning Board shall
hold a public hearing prior to acting upon any request for a modification of an approved
plan.
7.5 AGE RESTRICTED HOUSING DEVELOPMENT IN AN AGE-RESTRICTED
HOUSING (ARH) OVERLAY DISTRICT
7.5.1 Purpose
The purpose of an Age Restricted Housing development is to encourage the development of
affordable and market-rate housing for individuals aged fifty-five and over, by allowing for a
greater variety of building types at a higher density than would normally be allowed; by
allowing greater flexibility in site planning so as to promote the sound development of land
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which reduces residents burdens of property maintenance and which reduces demands on
municipal services; and to promote flexibility in land use planning in order to improve site
layouts, protect natural features and environmental values and utilize land in harmony with
neighboring properties.
7.5.2 Dimensional Standards
The following dimensional, height and density standards shall supercede any applicable
dimensional standard in the underlying zoning district and shall be applied to any Age
Restricted Housing development:
Minimum Frontage
60
Minimum Lot Area
5 acres
Maximum Lot Area
20 acres
Minimum Yard Setbacks From
Property Line
Front
100
Side
45
Rear
45
Minimum Structural Setback From
Paved Edge of Access Road
Front
30
Side
30
Rear
30
Maximum Building Height
2 story / 35 feet
Maximum Building Coverage
20%
Minimum Landscape Buffer
20
Minimum Open Space Requirement
25%
Maximum Density

4 units / Developable
Acreage of land

Developable acreage All land not containing slopes greater than 20%, land identified as
wetlands under MGL Ch 131, Section 40 or land encumbered by easements or deed
restrictions that prohibit the development of the land.
7.5.3 Building and Design Standards
In order to achieve a development that reflects the residential character of the neighborhood
in which it is located, the following minimum building and design standards shall be applied
to all structures constructed in an Age Restricted Housing development.
1. There shall be no more than 4 dwelling units per structure
2. No dwelling unit shall contain more than 2 bedrooms
3. The front faade of all structures shall be oriented toward the access road serving the
premises and not toward any parking lot or abutting property.

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4. All structures, principal or accessory, shall have a gabled roofline, articulated

footprint and may have varied facades.
5. No structure shall be greater than ten thousand (10,000) square feet in gross floor
area. Gross floor area shall include attached garages but shall not include basements.
6. A minimum of twenty-five foot (25) separation between buildings shall be provided
which shall be landscaped.
7. Principal structures that abut an access road along the front and rear yard shall be
provided a landscape buffer, a minimum of six feet in height and five feet in width,
along the rear yard abutting the access road.
8. Garages, if provided, shall be attached to and made an integral part of the principal
structure.
9. Accessory structures shall comply with all setback requirements and shall be
designed with architectural detailing of similar nature to the principal buildings
located thereon.
10. Access roads, pedestrian/biking facilities and all infrastructure and utilities shall be
designed and constructed in accordance with the Rules and Regulations Governing
the Subdivision of land within West Springfield to the extent applicable.
11. All lighting fixtures shall be integrated into the architectural style of the
development. All exterior structural and site lighting (not including access road
lighting) shall be retained on site and shall not create a nuisance to abutting
properties and streets. All exterior light sources shall be appropriately shielded from
off-premise viewing. Access road lighting shall be designed to prevent nuisance to
abutting properties by reason of light and glare.
12. One sign, no greater than sixteen square feet (16) in size and six feet (6) in height,
shall be allowed at the intersection of the projects access road with the abutting
public way. Signage may be illuminated with projected lighting, but it shall not be
backlit or internally illuminated.
7.5.4 Storm Water Management & Erosion Control
All stormwater shall be managed on site. It is preferred that passive stormwater techniques
be utilized and integrated as part of the landscaping for the site. Water quality shall be
preserved by directing all stormwater to a vegetated detention/retention basin or swale.
These basins shall be designed to filter out sediments, oils and greases, heavy metals and
other nutrients from stormwater prior to its discharge to wetlands, waterbodies or ground
water. An approved maintenance program for the basins/swales shall be prepared and
implemented by the property owner, and approved by the Planning Board, to ensure
long-term filtration integrity. All methodology implemented for water quality protection
shall follow the standards and guidelines of the following documents: Stormwater
Management, Volume One: Stormwater Policy Handbook, MA DEP, MA CZM, March
1997; Stormwater Management, Volume Two: Stormwater Technical Handbook, MA DEP,
MA CZM, March 1997; Massachusetts Erosion and Sediment Control Guidelines for Urban
and Suburban Areas, Franklin, Hampden, Hampshire Conservation Districts, March 1997; as
amended from time to time. If replaced by updated standards, then the new standards shall
apply. In addition, all stormwater management plans must be in compliance with any
municipal stormwater discharge ordinance.
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General soil erosion of the proposed development site shall be minimized by integrating the
development into the existing terrain by retaining natural grades and soil cover. During
grading and construction of all improvements, including all structures and infrastructure
improvements, erosion of soil shall be minimized by implementing the guidelines and
methodology outlined in the document entitled Massachusetts Erosion and Sediment Control
Guidelines for Urban and Suburban Areas prepared by the Franklin, Hampden, Hampshire
Conservation Districts dated March 1997, as amended from time to time. If replaced by
updated standards, then the new standards shall apply.
7.5.5 Site Access, Roadway Design and Management
All structures located within an Age Restricted Development shall be accessed by the
proposed private access road. Direct access to any proposed structure from an existing
public or private road shall be prohibited. A proposed development deriving its access from
a private road shall submit a legal opinion, acceptable to the Town Attorney, establishing the
right of access from the private road to the development as proposed.
All access roads shall be designed, constructed and approved in accordance with the Rules
and Regulations Governing the Subdivision of Land in the Town of West Springfield. All
access roadways and associated infrastructure improvements shall be considered private,
under the ownership of the property owner and/or a homeowners association established
pursuant to MGL, Chapter 183A, and shall not be owned or maintained by the Town of West
Springfield.
7.5.6 Parking
All Age Restricted Housing developments shall provide for adequate off-street parking
which will protect the health, safety and welfare of the residents and guests.
1. A minimum of two off-street parking spaces shall be provided per unit.
2. A minimum of two parking spaces shall be provided for postal delivery accessory
structures.
3. No parking spaces or parking lots shall be located within the required minimum yard
setback requirements for principal structures from access roads and property lines
except as allowed by the following sentence. The parking of vehicles shall be
allowed within driveway areas providing access to a principal structure.
4. No parking areas, parking lots or access drives shall be located within the minimum
twenty-five foot separation area between structures.
5. All parking lots shall be located to the rear of any structure.
6. All parking lots shall be screened from abutting access roads, properties and streets
through the use of landscaped berms and evergreen shrubs and trees a minimum of
four feet in height and five feet in width.
7.5.7 Landscape Buffers, Open Space and Natural Resources
A minimum of a twenty-foot (20) landscaped buffer shall be provided along the perimeter of
the property. Said landscaped buffer shall consist of the retention of natural vegetation
supplemented with the planting of evergreen trees and shrubs.
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A minimum of twenty-five percent (25%) of the total acreage of an Age Restricted Housing
development shall be set aside as common open space for the use of the residents. It is the
intention of this ordinance that the common open space shall generally consist of a large,
single contiguous area of open space, which shall retain those natural features of the site
most worthy of preservation in their natural state, and which connect with existing or
potential conservation or open space areas on adjacent parcels. Not more than twenty-five
percent (25%) of the common open space shall consist of wetlands. A maintenance plan
shall be implemented to ensure the long-term protection of open space areas.
All significant features such as trees of over 12" Diameter Breast High (DBH), identified
Heritage features, water courses, one hundred year flood plains, wetlands, ponds and other
waterbodies, marshes, stone walls, scenic points, and historic sites are encouraged to be
preserved in the following manner:
1. Stone walls should be preserved by locating property boundaries along the existing
line of the walls.
2. Scenic points as identified in the Massachusetts Landscape Inventory and historic
sites identified by the Massachusetts Historical Commission should be preserved by
incorporating them within open space or recreational areas.
3. Trees greater than 12" DBH in size should be preserved, if reasonably possible, by
retaining natural grades and locating houses to minimize tree removal.
4. Wetlands and waterbodies should be incorporated into nature trails and other passive
recreational uses.
7.5.8 Planning Board Findings
In making its decision the Planning Board must make written findings on the following
mandatory standards requiring that the proposed use, buildings and structures for an Age
Restricted Housing development will:
1. Be compatible with adjacent land uses and with the character of the neighborhood in
which it is located. Within its finding, the Board shall also specifically define the
extent of the neighborhood considered during the review of the Age-Restricted
Housing project.
2. Constitute no nuisance to abutting land and natural resources by reason of
uncharacteristic air or water pollution or noise.
3. Provide safe and convenient access to the site from existing or proposed roads, and to
proposed structures thereon, with particular reference to pedestrian and vehicular
safety, traffic flow and control, and access in case of fire or emergency.
4. Provide for adequate capacity for public services, facilities, and utilities to service the
proposed development such as water pressure and sewer capacity.
5. Provide for visual and noise buffering of the development to minimize impact to
abutting properties.
6. Create no nuisance to abutting properties by reason of light, noise, dust, vibration or
stormwater runoff.
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7. Provide for the long-term preservation and maintenance of open space and recreation
areas.
8. Provide for long-term maintenance of the stormwater management system.
9. Be occupied by:
a. Persons who are fifty-five (55) years of age or older, hereinafter referred to as
occupant;
b. A spouse, under 55 years of age, of an occupant may reside in the occupants unit,
hereinafter referred to as spouse;
c. A spouse who survives the occupant;
d. A spouse where the occupant has entered into a long-term care facility;
e. A mentally or physically handicapped child, brother or sister of an occupant or
spouse who is dependent upon said occupant or spouse for daily care;
f. A paid caregiver providing medical or health care to an occupant or spouse.
10. Be in harmony with the general purpose and intent of this Ordinance.
7.5.9 Annual Reporting
The organization of homeowners established for the management of the development, or if
none, the owners individually, shall annually file a written report with the Planning Board
listing the resident of each occupied unit. The first year a development is occupied, the
annual report shall include the names and ages of the owners and each person residing in
each unit as of January 1st of each year, and any other information necessary to ensure
compliance with the enforce any required conditions of the Special Permit. If no changes
have occurred, the President of the homeowners association shall submit a letter certify no
changes in occupancy have occurred. Each subsequent year shall include the required
information for any changes in unit owners or tenants. The annual report shall be filed with
the Planning Board by January 15th of each year.
7.6 MEMORIAL CORRIDOR (MC) OVERLAY DISTRICT
7.6.1 Purpose
The purpose of the Memorial Corridor Overlay District is to promote the health, safety, and
welfare of the public and secure public benefits by the following means: 1) minimizing adverse
land uses and community impacts on locations within proximity of a Gaming Establishment, 2)
encouraging economic stimulus through appropriate commercial development, and 3) to
recognize the Eastern States Exposition fairgrounds as a local as well as a New England regional
community asset by formalizing the list of historically permitted uses.
7.6.2 Scope of Authority
The Memorial Corridor Overlay District is an overlay district and shall be superimposed on
existing districts established by this ordinance. All proposed uses and/or activities occurring
within the Memorial Corridor Overlay District are subject to the underlying Zoning Ordinance,
except as noted herein. Where definitions, permitted or prohibited uses, standards, or other
requirements listed as part of this Memorial Corridor Overlay District may conflict with those in
the underlying district or elsewhere in the Zoning Ordinance, the Memorial Corridor Overlay
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District provisions shall apply. The Planning Board shall act as the administering Permit
Granting authority for any review procedures associated with this ordinance. The Permitted
Uses in the Fairgrounds Sub-District shall only apply to that sub-district while an agriculturally
exempt non-profit exhibition organized under the General Laws of the Commonwealth of
Massachusetts owns and controls the land while operating said land as a fairground. Should
another, similar, organization come to own and control the land it would have to be operated in
substantially the same manner to benefit from the by-right uses permitted by this ordinance.
7.6.3 District Delineation
The Memorial Corridor Overlay District incorporates properties in the southeast corner of West
Springfield and contains one sub district area: Fairgrounds Sub-District. The Memorial Corridor
Overlay District is bounded by:

The Westfield River to the west and south

The Agawam town-line to the southeast

The Connecticut River to the east

Park Street and Park Avenue to the north.

The Fairgrounds Sub-District of the Memorial Corridor Overlay District is bound by:

The Westfield River to the south

Memorial Avenue/Route 147 to the west and north

The westerly side of Circuit Avenue to the east and northeast

The map entitled Memorial Corridor Overlay District Town of West Springfield, on file with
the Town Clerk, delineates the boundaries of the overlay district including the Fairgrounds SubDistrict.
7.6.4 Uses
Uses within the Memorial Corridor Overlay District are subject to the underlying zoning
regulations, except as noted herein.
a. Prohibited Uses Memorial Corridor Overlay District
The following uses are prohibited throughout the Memorial Corridor Overlay District,
including but not limited to the Fairgrounds Sub-District:
1.
Adult Uses subject to regulation pursuant to M.G.L. c.40A 9A, including Adult
Bookstore, Adult Club which displays live nudity for its patrons, Adult Paraphernalia
Store, Adult Motion Picture Theatre
2.

Adult Hotel, Hourly Hotel

b. Special Permit Uses Memorial Corridor Overlay District

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The following uses shall be allowed by Special Permit in the Memorial Corridor
Overlay District, including but not limited to the Fairgrounds Sub-District:
1. The following three uses: Personal Service Establishments, Take-Out
Restaurants and Tradesmen, as defined by Section 2, shall be allowed in the
underlying industrial zoning district subject to the following additional
restrictions:
a. Any such business shall not occupy a space greater than 900 square feet; and
b. Signage shall be limited to that of signs for home occupational use within
residential districts and directional signage as defined in Section 9.
The Special Permit Granting Authority may, if their findings so demonstrate, grant a
reduction in parking requirements of Section 9 of this Ordinance so long as said
reductions are no greater than 25% of the original requirements.
2. All uses allowed in the Fairgrounds Sub-District by 7.6.4 (c2) below shall also be
allowed by Special Permit unless the use is regularly permitted by the License
Commission, then allowed by license, in the larger Memorial Corridor Overlay District
but limited to the underlying industrial zoning districts.
b.

Permitted Uses Fairgrounds Sub-District

The following uses shall be allowed by-right within the Fairgrounds Sub-District:
1. All uses and structures as are allowed in the underlying zoning districts.
2. In addition, the following uses associated with an exposition grounds are permitted byright with Site Plan Review in the Fairgrounds Sub-District if they involve the
construction of a new building (excluding temporary structures), or by-right in the
Fairgrounds Sub-District without Site Plan Review, provided they do not involve
the construction of one or more buildings:
Expositions
Conference Centers, meeting facilities and banquet facilities
Car shows
Boat shows
Antique shows
Art fairs and shows
Hobby shows
Circuses
Craft shows and fairs
Trade associations conventions
Educational and cultural shows and events
Sporting events
Concerts
Youth sports and other athletic competitions
Public events
Disaster preparedness and/or emergency response site staging related
activities, including but not limited to temporary activities such as a public
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address system, heliport, communications equipment, command center and/or

temporary shelter
Administrative offices and business uses associated with operations of the
Eastern States Exposition including, without limitation, conduct of the annual
Big E fair and other events and permitted uses
Food and beverage service uses associated with permitted events or
approved principle uses
Temporary warehousing of equipment or materials related to a permitted
use and/or the storage and distribution uses during permitted uses or events
Other agricultural, educational, cultural, recreational, economic or social
uses similar in size, scope, type and impact to those above listed uses
Accessory parking, including RV parking lots, for Exposition uses
Any event or activity so licensed by the West Springfield License Commission

7.6.5 Dimensional Requirements

The dimensional requirements for principal and accessory structures within the Fairgrounds
Sub-District shall be those of the underlying zoning district, as modified below:
Table 7-1: Dimensional Requirements

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Requirement

Fairgrounds Sub-District

Min. Lot Area

15,000 s.f.

Max. Building Height

75 ft1,2,3

Max. Building Stories

6 stories
Street line: 20 feet
Side Yard: 10 feet

Min. Landscaped
Buffer
1

Buildings or portions of buildings greater than 60 feet in height shall be set back from the front
and side Building Lot line a minimum of 0.5 times the building height.
2

Notes

The building height limitations shall not prevent the erection of an ornamental feature, including
but not limited to parapet wall or cornice, which would occupy not more than fifty (50) percent
of the ground area of the underlying building element on which such feature is erected and shall
not extend above such height limit for not more than fifteen (15) feet. The height limitations on
buildings shall not apply to chimneys, cooling towers, elevator bulkheads, skylights, TV or
wireless antennae, ventilators and other necessary appurtenances usually carried above roofs, nor
to domes, stacks, or spires if not used for human occupancy.
3

Special permits as to larger height limits may be granted by the Zoning Board of Appeals.

a. Principal Buildings
More than one principal building may be permitted per Building Lot in the Fairgrounds SubDistrict.
b. Accessory Structures
More than one accessory structure may be permitted per Building Lot in the Fairgrounds SubDistrict. Accessory and principal structures are not required to share an adjoining wall and may
be independent structures. Dimensional controls on accessory structures shall meet the
requirements set forth in Table 7-1.
7.6.6 Signs
Notwithstanding the provisions of Section 9.2, the following signage standards shall apply to the
construction, erection, alteration, use, location, and maintenance of out-of-doors on premise
signs within the Fairgrounds Sub-District of the Memorial Corridor Overlay District.
Recognizing the unique character of the Exposition use as a local as well as a New England
regional community asset for education and entertainment as well as for use as an emergency
shelter in times of need, the Memorial Corridor Overlay District provides for unique signage
within the Fairgrounds Sub-District. In addition to signs permitted under Section 9.2, Exposition
uses within the Fairgrounds Sub-District as defined in 7.6.4 are permitted up to three (3)
Digital/Electronic signs, as defined below, subject to the following standards.
Sign content is limited to information about permitted Fairgrounds Sub-District uses as outlined
in Section 7.6.4 or to public safety messages including disaster preparedness and traffic control.
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No free standing sign larger than 1 square foot shall be erected, altered, displayed, relocated,
enlarged, or created without first obtaining a permit from the Building Inspector. The Building
Inspector shall review the sign design for consistency with the State Building Code.
a.

Free-Standing Electronic/Digital Sign Standards

In addition to signs permitted under Section 9.2, up to three free-standing electronic/digital

signs are permitted for an exposition use in the Fairgrounds Sub-District, provided they
conform to the following standards:
1. Permitted Locations. Signs for the Exposition or other use outlined at 7.6.4 (b2) shall
be allowed within the Fairgrounds Sub-District at the below locations; though in no
instance shall a digital/electronic sign be located within 200 feet of another permitted
digital/electronic sign. The face of all signs on parcels contiguous to Memorial Avenue
shall be perpendicular to Memorial Avenue.
i. One free-standing sign on the Eastern States Exposition property as a
replacement for the existing sign in front of the Brooks Building at Memorial
Avenue
ii. One free-standing sign on the Eastern States Exposition property as a
replacement for the existing sign at Gate 2 (located between the Moses Building
and Hampden County Building) at Memorial Avenue
iii.One free-standing sign on the Eastern State Exposition property at Gate 9 (at
Circuit Avenue).
2. Dimensions. The area of each sign listed above shall not exceed the following
dimensions per face (each sign may have two faces):
i. Brooks Building Sign: 75 s.f. per total area of sign face
ii. Gate 2: 50 s.f. per side per total area of sign face
iii.Gate 9: 100 s.f. per side per total area of sign face
For all signs listed above, the sign shall not exceed 25 feet in width and the top of the
sign shall not be more than 25 feet above ground elevation for the Brooks Building, 15
feet for Gate 2 and 20 feet for Gate 9. No greater than 75% of each side of the sign shall
be comprised of a digital/electronic element. The entire sign may be internally or
externally illuminated. Free-standing signs shall not be placed so as to interfere with
vehicular or pedestrian traffic.
3. Setbacks. The following setbacks shall be maintained between the signs and the front
lot line:
i. Brooks Building sign and Gate 9 sign: 25 feet
ii. Gate 2 sign: 10 feet
4. Brightness. The brightness of an Electronic/Digital sign shall not exceed 0.3 foot
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candles above ambient light conditions. The ambient light reading shall be taken at least
thirty (30) minutes past sunset with the sign turned off or displaying all black copy. The
fully lit reading shall be taken with the sign displaying all white copy. Measurement of
the light levels shall be taken perpendicular to the face of the sign at a distance of one
hundred (100) feet from the source.
5. Dimmer Control. Sign shall have at least one photo sensor and automatic dimmer
control to produce a distinct illumination change from a higher illumination level to a
lower level for the time period between one half-hour before sunset and one half-hour
after sunrise. Each photo sensor shall:
i. Be designed to continually operate in direct sunlight;
ii. Be situated to measure ambient light;
iii. Be contained in a waterproof enclosure with shall allow easy access to the photo
sensors;
iv. Allow light sensing; and
v. Be capable of dimming all pixels of the sign collectively to compensate for
surrounding ambient light levels.
6. Illumination. Signs shall be allowed to be illuminated seven days a week between the
hours of 6:00 AM and 11:00 PM unless the premises on which it is located is open for
business. A sign or its illumination shall not, by reason of its location, shape, or color,
interfere with traffic or be confused with or obstruct the line-of site or effectiveness of
any official traffic sign, traffic signal or traffic marking.
7. Pixel Pitch. The pitch of the LED portion of the sign shall be a maximum of 36
millimeters.
8. Duration. Each static display shall last at least ten seconds to avoid quick and frenetic
changes of content that can be distracting and compromise public safety.
9. Transition. The display transition must be accomplished by means of instantaneous
re-pixalization and shall not use fading, shading, dissolving, or similar effects as part of
the change.
10. Message Sequencing. The images and messages displayed shall be complete in
themselves without continuation in content to the next image or message.
11. Malfunction Mechanism. Signs shall contain a default design that will shut the sign
off if a malfunction occurs.
12. Back-Up Power. The sign at the Brooks Building shall be connected to a back-up
power source to provide public safety and emergency message capabilities during power
outages or when regular systems fail. Providing a back-up power source reinforces the
use of the sign as an emergency management asset for the town, public safety personnel
and residents.
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13. Electronic signs shall not:

i. Incorporate video, animation, or scrolling of text or images;
ii. Emit any sound nor utilize pyrotechnics;
iii. Cause beams or rays of light to be directed at any portion of the traveled way,
when such beams or rays are of such intensity or brilliance as to cause glare or to
impair the vision of the driver of any motor vehicle or otherwise interfere with the
operation of a motor vehicle;
iv. Obscure or interfere with the effectiveness of an official traffic sign, device or
signal. Signs located within two hundred (200) feet of a traffic signal shall not be
illuminated in a solid red, solid yellow, or solid green color.
v. Obscure or otherwise interfere with a motor vehicle operators view of
approaching, merging, or intersecting traffic;
vi. Changing images shall not rotate, sparkle, blink, or fluctuate in light intensity or
use intermittent strobing, or moving light, or in any manner to create the illusion of
movement.
b. Compliance and Enforcement
The Building Inspector or the Sign Officer shall inspect any sign installed in accordance
with Section 7.6.6 of this Ordinance within 30 days of installation to confirm the signs
compliance with this Ordinance. Enforcement actions shall follow the requirements of
Section 10.0 of this Ordinance.

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SECTION VIII. GENERAL DEVELOPMENT METHODS IN ALL ZONING DISTRICTS

8.0 GENERAL DEVELOPMENT STANDARDS
All developments in the town shall conform to the Ordinances included herein as well as the
Rules and Regulations Governing the Subdivision of Land in the Town of West Springfield,
Massachusetts, as amended.
8.0.1 Conventional Residential Development
Conventional Residential Development includes: any subdivision of land, as defined in the
Subdivision Control Laws, Massachusetts General Laws, Chapter 41, Sections 81K to
81GG, to be developed for residential purposes; and the development of a single-family
home on a lot which does not require approval under M.G.L. Chapter 41.
8.1 COMMON DRIVEWAYS
Common driveways shall be allowed in all zoning districts as an accessory use subject to the
following performance standards:
8.1.1 The frontage of any lot served by the common driveway shall provide safe and
adequate access to the respective individual lots and shall not be encumbered by steep slopes,
wetlands or vehicular safety devices required by a government agency (guard rails, barriers,
etc.) which prohibits access to the buildable portion of the individual lots.
8.1.2 Each common driveway shall serve no more than two (2) building lots and shall be
designed to provide safe and convenient access to the lots served.
8.1.3 All vehicular parking areas associated with a common driveway shall be located to the
side or rear of the principal structure which the parking area serves and shall be separate and
distinct from the driveway required for ingress and egress to the parking area.
8.1.4 An easement shall be recorded at the Registry of Deeds to the benefit of the parties
served by the common driveway that details access and maintenance rights.
8.1.5 A common driveway shall require landscaping buffers to be installed along the
property lines with the exception of where vehicular access is necessary across property lines.
8.2 FENCES
The installation of any permanent manmade fence shall require the issuance of a fence permit
and\or building permit as required by the State Building Code. Any temporary fence erected for
the protection of public safety and associated with an approved construction project, demolition
project or a temporary event (an event not lasting more than thirty (30) consecutive calendar
days) shall not require the issuance of a fence permit. The Building Inspector shall be notified in
writing prior to the installation of any temporary fence. Any permanent manmade fence erected
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in the Town of West Springfield must comply with the standards outlined in this section.
8.2.1 No fence located between the principal structure and the street line and greater than
two (2) feet in height shall be more than fifty percent solid. No fence between the principal
structure and the street line shall be more than four (4) feet in height.
8.2.2
No manmade fence erected in any residential zoning district shall exceed six (6) feet
in height.
8.2.3 No manmade fence in any non-residential district shall exceed ten (10) feet in height.
8.2.4

The finished side of all fences shall be erected outward to abutting properties.

8.2.5 Security fencing (barbed wire and similar type of wire) shall not be allowed in any
residence district.
8.2.6 Security fencing shall be allowed only in the side and rear yard of properties located in
non-residential districts. Security fencing shall be set back five (5) feet from a side or rear
property line abutting a residence use or district.
8.2.7 Any retaining wall creating a difference in elevation of more than four (4) feet in
height shall be protected by fencing of not less than three (3) feet in height located at the top of
said retaining wall.
8.2.8 All permanent outdoor swimming pools shall be completely enclosed by fencing not
less than four (4) feet in height with gates capable of being locked. Said gates shall be kept
locked or secured whenever said pools are not in use.
8.2.9 All fences and walls shall be properly maintained. Any fence found to be in disrepair
shall be promptly repaired or removed.
8.2.10 No fence shall be constructed so as to create a safety hazard for vehicles or pedestrians
entering or exiting driveways.
8.3 LANDSCAPING
8.3.1 Purpose
a. To provide a suitable boundary or buffer between residential districts and nearby
nonresidential uses as well as between abutting commercial or industrial uses;
b. The define the street edge and provide visual connection between abutting uses;
c. To separate different and otherwise incompatible land uses from each other in order to
partially or completely reduce nuisances such as dirt, dust, litter, noise, glare from motor
vehicle headlights, intrusion from artificial light (including ambient glare),or view of signs,
buildings or parking lots; and
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d. To preserve and improve the visual and environmental character of West Springfield.
8.3.2 If required by Site Plan Review, the landscaping plan shall illustrate the proposed
landscape development of the property, including the location, layout, type and size of buffers
and landscaped areas, plant material, fencing, screening devices or other material proposed.
8.3.3 The minimum requirements for landscaped buffer areas are as follows in Table 8-3. The
treebelt, or any right of way owned by the Town of West Springfield, shall not be calculated as
to represent a portion of the required landscaping buffer.
Table 8-1
Landscape Buffer Requirements
Requirement by Lot Area

Depth of Buffer Along Street

Lines
10 feet

Depth of Buffer along

Abutting Properties
5 feet

12 feet

8 feet

130,680 sq. ft. - 217,800 sq. ft.

15 feet

12 feet

5 acres or more

20 feet

15 feet

Up to and including 43,560 sq.

ft.
43,561 130,680 sq. ft.

8.3.4 Any of the landscaping depth along abutting properties required in Table 8-1 may be
reduced to three (3) feet in depth if an opaque fence at least six (6) feet in height accompanies
the three foot landscaped buffer. This reduction is not applicable to any project involving new
construction.
8.3.5 Site development abutting non-residential property shall provide and maintain a buffer at
least four (4) feet in height. All buffers shall be planted but may use a combination of fencing
and vegetation to achieve screening acceptable by the Town.
8.3.6 Site development abutting residential property shall provide and maintain a buffer at
least six (6) feet in height or at a height and density deemed necessary by the Planning Board
to protect the abutting residential use.
8.3.7 The depth of the buffer required by this section of the Ordinance shall supersede any
building setback required by this Ordinance.
8.3.8 In addition to other requirements of Section 8.3, two-thirds of that lot area not devoted to
structure, parking, circulation, access, service, storage or other functions related to the
principal or accessory use of the lot shall be landscaped or left in a natural state. Areas
maintained in a natural condition shall be kept free of trash, rubbish or other debris.
8.3.9 At all street or driveway intersections, trees or shrubs shall be planted so that they do not
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present a pedestrian or vehicular traffic visibility hazard.

8.3.10 All landscaped areas, both residential and commercial, shall be properly maintained and
kept mowed. Shrubs or trees which die shall be replaced within one growing season.
8.3.11 Exposed storage areas, machinery, service areas, truck loading areas, utility buildings,
electrical transformers, air conditioning units, dumpsters and other similar structures shall be
screened with plantings, earthen berms or fences complimented with plantings.
8.3.12 All trees which are planted as part of the landscaping shall be a minimum of two (2)
inch Diameter Breast Height at the time of planting.
8.3.13 All shrubs which are planted as part of the landscaping shall be a minimum of two (2)
feet in height at the time of planting.
8.3.14 With the exception of reasonable access to parking and service areas, required front
yards shall be reserved for landscaping and pedestrian use. At least one-half of any required
front yard shall be landscaped and provided with plantings as noted herein.
a. two shrubs shall be provided for each 10 feet or fraction thereof, of frontage.
b. one tree shall be provided for each 50 feet or fraction thereof, of frontage.
8.3.15 Parking area/lot landscaping shall be in compliance with Section 9.05
8.3.16 Additional landscaping requirements for the Central Business District (CB)
a. In addition to the required landscaping standards in Section 8.3, the below shall apply
to off-site and off-street parking areas:
i. With the exception of reasonable access, off-site and off-street parking areas shall be
provided with a ten foot landscaped buffer along each street line and each lot line
abutting a residential zone and/or use.
ii. Two trees and eight shrubs shall be provided for each twenty parking spaces or
fraction thereof within each parking area.
8.4 TEMPORARY STRUCTURE
Any temporary structure erected, constructed or raised on a parcel of land in West
Springfield must comply with the following standards:
8.4.1
The placement of any temporary structure on a property used for business purposes
shall require a permit issued by the Building Inspector.
8.4.2
Temporary structures located in business districts shall conform to all setback
requirements for accessory structures for the district in which it is located.

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8.4.3
The placement of a temporary structure shall not prohibit the use of required offstreet parking and shall not interfere with vehicular or pedestrian access to the property or
buildings located thereon.
8.4.4
No temporary structure shall be erected for a period of more than twenty-one (21)
days in a calendar year.
8.4.5

A business may obtain only one permit per calendar year for a temporary structure.

8.4.6
Temporary structures located on property used for residential purposes shall be
exempt from the provisions of this section of the Ordinance.
8.4.7

All signage shall conform to the requirements of this Ordinance.

8.5 ENVIRONMENTAL PERFORMANCE STANDARDS

8.5.1

General

No activity shall be permitted in any district unless it shall be in conformity with the
standards for environmental protection included in this Section.
8.5.2

Noise

No use shall be permitted within the Town which, by reason of excessive noise generated
therefrom, would cause nuisance or hazard to persons or property, as set forth in 310 CMR
7.10.
8.5.3 Solid Waste Storage
Any accessory receptacle or structure with holding capacity of at least two hundred fifty
(250) cubic feet for temporary storage or solid or liquid waste materials, including garbage,
rubbish, junk, discarded bulk items and similar waste items shall be located not less than ten
(10) feet from any structure and shall be screened from all adjacent premises and streets
from which it would otherwise be visible in accordance with Section 8.3.
8.5.4 Lighting
Lighting on the exterior of a building or lighting in parking areas shall be designed, installed,
shielded, and maintained to prohibit viewing of the lighting element from, and the trespass
of nuisance glare on abutting properties, the night sky, or in the public right of way which
may cause a hazard to vehicle operators.
8.5.5 Danger
All activities and all storage of flammable and explosive materials at any point shall be
provided with adequate safety devices against fire and explosion and adequate fire
suppression devices shall be approved by the Fire Chief and installed in accordance with all
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codes and regulations of the Commonwealth of Massachusetts.

8.5.6 Vermin
All materials which may be edible by or attractive to rodents or insects shall, when stored in
or outdoors, be stored in tightly closed containers.
8.5.7 Air Emissions
No air emission shall be permitted except in accordance with regulations for the control of
air pollution under MGL Chapter 111 Section 142D.
8.5.8 Snow Storage
Any parking or loading spaces used for on-site snow storage shall be cleared and made
available for use within twenty-four (24) hours of the end of a snow event. After the first
twenty-four (24) hours, no on-site snow storage shall be allowed to encroach upon any
parking or loading spaces required by this Zoning Ordinance.
8.5.9 Other
Any air, odor, noise, vibration, heat, or other emissions shall be completely and effectively
confined within the site or so regulated as to prevent any nuisance, hazard, or other
disturbance from being perceptible at any property lines, with or without the use of
instruments.
8.6 HOME OCCUPATIONS
8.6.1
Home occupations shall be allowed in Residential Zoning Districts subject to the
following limitations:
a. The business owner must reside within the dwelling unit used for the Home
Occupation;
b. There are no non-resident employees;
The home occupation shall be conducted only within the interior area of the principal
dwelling;
d. There shall be no change in the outside appearance of building or premises, or other
visible evidence of such Home Occupation;
e. Electrical or mechanical equipment which creates visible or audible interference,
causes fluctuations in line voltage, or which creates noise not normally associated with
residential uses and are discernible beyond the limits of the lot which the home
occupation is situated shall be prohibited;
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f. No storage or display of materials, goods, supplies, or equipment related to the

operation of the Home Occupation shall be visible from the outside of any structure on
the premises. No sales, shipping and receiving, and/or distribution of goods or materials
may be made from the principle dwelling;
g. The establishment and conduct of a home occupation shall not change the character or
use of the principal dwelling;
h. Adequate parking for the home occupation shall be provided off street;
i. Any traffic generated shall not exceed volume normally expected in a residential
neighborhood;
8.6.2 The following uses shall be allowed as Home Occupations in any residential district:
businesses which are involved in interior cleaning of a residential or business use, any office
or studio of an accountant, architect, artist, lawyer, musician, professional engineer, teacher of
scholastic subjects, real estate agent, insurance sales, or land surveyor.
8.6.3 All home occupation uses shall submit a Minor Site Plan application to the Planning
Division and file a Business Certificate with the Town Clerk prior to commencing business.
8.7 MEDICAL MARIJUANA TREATMENT CENTER
8.7.1 Purpose
It is recognized that the nature of the substances cultivated, processed, and/or sold by
medical marijuana treatment centers and off-site medical marijuana dispensaries may have
objectionable operational characteristics and should be located in such a way as to ensure the
health, safety, and general well-being of the public as well as patients seeking treatment.
The specific and separate regulation of Registered Marijuana Dispensaries as Medical
Marijuana Treatment Centers and Off-site Medical Marijuana Dispensaries is necessary to
advance these purposes and ensure that such facilities are not located within close proximity
of minors and do not become concentrated in any one area within the Town of West
Springfield.
Subject to the provisions of this Zoning Ordinance, Chapter 40A of the Massachusetts
General Laws, and 105 CMR 725.000, Registered Marijuana Dispensaries and Off-site
Medical Marijuana Dispensaries will be permitted to provide medical support, security, and
physician oversight that meet or exceed state regulations as established by the Massachusetts
Department of Health (MDPH). Nothing in this Zoning Ordinance shall be construed to
supersede federal and state laws governing the sale and distribution of narcotic drugs.
8.7.2 Additional Requirements/Conditions
In addition to the standard requirements for uses requiring a Special Permit, the following
shall also apply to all Registered Marijuana Dispensaries and Off-Site Medical Marijuana
Dispensaries:
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a. Use:
1. RMD and OMMD facilities may only be involved in the uses permitted by its
definition and may not include other businesses or services.
2. No marijuana shall be smoked, eaten or otherwise consumed or ingested within
the premises.
3. The hours of operation shall be set by the Special Permit Granting Authority, but
in no event shall an RMD or OMMD facility be open to the public, and no sale or
other distribution of marijuana shall occur upon the premises or via delivery from
the premises, between the hours of 8:00 p.m. and 8:00 a.m.
4. RMD facilities that can demonstrate that they comply with the agricultural
exemption under M.G.L. Chapter 40A, Section 3 must still apply for Site Plan
Approval.
b. Physical Requirements:
1. All aspects of the use/facility relative to the acquisition, cultivation, possession,
processing, sales, distribution, dispensing, or administration of marijuana, products
containing marijuana, related supplies, or educational materials must take place at a
fixed location within a fully enclosed building and shall not be visible from the
exterior of the business.
2. No outside storage is permitted.
3. No OMMD Facility shall have a gross floor area in excess of 4,500 square feet,
any proposed facility in excess of said floor area shall be allowed at the discretion
of the Special Permit Granting Authority.
4. Ventilation all RMD and OMMD facilities shall be ventilated in such a
manner that no:
i. Pesticides, insecticides or other chemicals or products used in the cultivation
or processing are dispersed into the outside atmosphere, and
ii. No odor from marijuana or its processing can be detected by a person with an
unimpaired and otherwise normal sense of smell at the exterior of the medical
marijuana business or at any adjoining use or property.
5. Signage shall be displayed on the exterior of the RMD and OMMD facilitys
entrance in plain sight of clients stating that Registration Card issued by the MA
Department of Public Health required. in text at least two inches in height.
c. Location:
1. No RMD and OMMD facility shall be located on a parcel which is within five
hundred (500) feet (to be measured in a straight line from the nearest points of each
property line) of parcel occupied by:
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i. A residential use;
ii. A public or private elementary, junior high, middle, vocational or high school;
iii. A daycare center or early education facility;
iv. A park, playground or structure for religious worship;
v. Any facility intended principally as a place for on-site services for children or
wherein children commonly congregate in a formal, structured or scheduled
manner; or
vi. Another RMD or OMMD facility.
2. No RMD or OMMD facility shall be located on a lot which abuts a residential
use (including commercial residential uses such as hotels, motels and lodging
housings) or residential zoning district.
3. RMD and OMMD facilities shall not be located in buildings that contain any
medical doctors offices or the offices of any other professional practitioner
authorized to prescribe the use of medical marijuana.
4. No RMD or OMMD facility shall be located inside a building containing
residential units, including transient housing such as motels and dormitories.
5. The commencement of one or more of the above uses (i.e. school, residential
use, etc.) within five hundred (500) feet of a proposed RMD or OMMD location
during the review of an application for an RMD or OMMD (beginning on the date
of submittal), following the issuance of a special permit or site plan review
decision, or following the commencement of the RMD or OMMD use shall not
invalidate the RMD or OMMD use, the special permit issued therefor, or the ability
to renew any unexpired or unrevoked special permit.
c. Reporting Requirements
1. All Special Permit holders for an RMD or OMMD facility shall provide the
Police Department, Fire Department, Building Commissioner/Inspector, Board of
Health and the Special Permit Granting Authority with the names, phone numbers
and email addresses of all management staff and key-holders, including a minimum
of two (2) operators or managers of the facility identified as contact persons to
whom one can provide notice if there are operating problems associated with the
establishment. All such contact information shall be updated as needed to keep it
current and accurate.
2. The local Building Commissioner/Inspector, Board of Health, Police
Department, Fire Department, and Special Permit Granting Authority shall be
notified in writing by an RMD or OMMD facility owner/operator/manager:
i. A minimum of 30 days prior to any change in ownership or management of
that facility;

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ii. A minimum of 12 hours following a violation or potential violation of any

law or any criminal or potential criminal activities or attempts of violation of
any law at the RMD or OMMD; and
iii. A maximum of 14 days after the hiring of any Dispensary Agent.
3. Permitted RMD and OMMD facilities shall file an annual report to and appear
before the Special Permit Granting Authority no later than January 31st, providing
a copy of all current applicable state licenses for the facility and/or its owners and
demonstrate continued compliance with the conditions of the Special Permit.
4. The owner or manager is required to respond by phone or email within twentyfour hours of contact by a town officer, as defined by the West Springfield Home
Rule Charter, concerning their RMD or OMMD at the phone number or email
address provided to the Town as the contact for the business.
e. Issuance/Transfer/Discontinuance of Use
1. Special Permits shall be issued to the RMD Operator.
2. Special Permits shall be issued for a specific site/parcel.
3. Special Permits shall be non-transferable to either another RMD Operator or
site/parcel.
4. Special Permits shall have a term limited to the duration of the applicants
ownership/control of the premises as a RMD or OMMD, and shall lapse:
i. If the permit holder ceases operation of the RMD; and/or
ii. The permit holders registration by MDPH expires or is terminated.
5. The permit holder shall notify the Zoning Enforcement Officer and Special
Permit Granting Authority in writing within 48 hours of such lapse, cessation,
discontinuance or expiration.
6. An RMD or OMMD facility shall be required to remove all material, plants
equipment and other paraphernalia prior to surrendering its state Registration or
ceasing its operation.
8.7.3 Application Requirements
In addition to the standard application requirements for Special Permits, such applications
for an RMD or OMMD facility shall include the following:
a. The name and address of each owner of the RMD or OMMD facility/operation;
b. A copy of its registration as an RMD from the Massachusetts Department of Public
Health or documentation that demonstrates that said RMD or OMMD facility, and its
owner/operators, qualify and are eligible to receive a Certificate of Registration and
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meet all of the requirements of a RMD in accordance with 105 CMR 725.000 of the
Massachusetts Department of Public Health.
c. Evidence that the Applicant has site control and right to use the site for a RMD or
OMMD facility in the form of a deed or valid purchase and sales agreement or, in the
case of a lease, a notarized statement from the property owner and a copy of the lease
agreement;
d. A notarized statement signed by the RMD or OMMD organizations Chief Executive
Officer and corporate attorney disclosing all of its designated representatives, including
officers, directors, shareholders, partners, members, managers, or other similarlysituated individuals and entities and their addresses. If any of the above is an entity
rather than a person, the Applicant must disclose the identity of all such responsible
individual persons;
e. A detailed floor plan identifying the areas available and functional uses (including
square footage).
f. All signage being proposed for the facility.
g. A traffic study to establish the RMD or OMMD impacts at peak demand times,
unless waived by the Special Permit Granting Authority.
h. A Management Plan and a Security Management Plan as follows:
1. A Management Plan including a description of all activities to occur on site,
including all provisions for the delivery of medical marijuana and related products
to OMMDs or off-site direct delivery to patients.
2. A Security Management Plan including a description of the measures to be taken
in order to ensure the safety of the employees, patients and public, how the applicant
intends to monitor said measures and procedures once a problem is discovered or an
incident occurs.
8.7.4 Findings
In addition to the standard Findings for a Special Permit the Special Permit Granting
Authority shall also find all the following:
a. That the RMD or OMMD facility is designed to minimize any adverse visual or
economic impacts on abutters and other parties in interest;
b. That the RMD or OMMD facility demonstrates it will meet all the permitting
requirements of all applicable agencies within the Commonwealth of Massachusetts and
will be in compliance with all applicable state laws and regulations including Chapter
369 of the Acts of 2012;

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c. That the applicant has satisfied all of the conditions and requirements of this Section
and other applicable Sections of this Ordinance;
d. That the RMD or OMMD project meets a demonstrated need;
e. That the RMD or OMMD facility provides adequate security measures to ensure that
no individual participant will pose a direct threat to the health or safety of other
individuals, and that the storage and/or location of cultivation is adequately secured;
and
f. That the RMD or OMMD facility adequately addresses issues of traffic demand,
circulation flow, parking and queuing, particularly at peak periods at the facility, and its
impact on neighboring uses.
8.8 THERAPEUTIC MASSAGE SERVICE ESTABLISHMENT
8.8.1 For the purposes of this use, the Planning Board shall be the Special Permit Granting
Authority.
8.8.2 The property for the use of a Massage Service Establishment shall not be located within
One Hundred feet (100') of any property utilized for any Adult Theater, Adult Bookstore or
Adult Club as defined by this Ordinance.
8.8.3 In addition to the requirements of the special permit, the proposed use of the property
shall conform to all requirements of the Zoning Ordinance as it relates to parking, landscaping
and signage.
8.9 ADULT THEATERS, ADULT BOOKSTORES AND ADULT DANCE CLUBS
8.9.1 Additional Requirements
The following standards are additional requirements in the Special Permit process for adult
theaters, adult bookstores and adult clubs:
a. The property for the proposed use shall not be located within One Thousand (1,000)
feet of a district designated for any residential use.
b. The property for the proposed use shall not be located within One Thousand (1,000)
feet of another Adult Theater, Adult Bookstore, Adult Club or any establishment
licensed under the provisions of M.G.L., C.138, s.12.
c. No obscene matter, material or conduct, as defined in M.G.L. C.272, s.31, shall be
permitted.
d. A minimum five (5) foot wide landscaped buffer shall be required along the side and
rear property lines which shall be a minimum of five feet in height.

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e. All parking areas shall be located in the side or rear yards.

g. All parking areas shall be illuminated and all lighting shall be contained within the
property.
h. In addition to the requirements of the special permit, the proposed use of property
shall conform to all requirements of the Zoning Ordinance as it relates to parking,
landscaping and signage.
i. No person convicted of violating the provisions of MGL C.119, s. 63 or C.272, s. 28
shall be issued a Special Permit related to this section (10.72) of this Ordinance.
8.10 SALE OF USED MOTOR VEHICLES AND TRAILERS
8.10.1 Additional Requirements
The following standards shall be used as additional requirements in the Special Permit
process for establishments for the sale of used motor vehicles or trailers:
a. Repair of vehicles shall be limited to those which are sold on-site. All repair and
detailing work shall be conducted within a garage and shall not be conducted in the open.
b. No vehicles utilized for parts shall be stored on site. The salvaging or scrapping of
motor vehicles or trailers on the premises shall be prohibited.
c. All provisions for landscaping and parking shall be in compliance with the
requirements of this Ordinance.
8.11
HOSPITALS, SANATORIUMS AND MEDICAL/DENTAL CENTERS,
OFFICES, CLINICS OR LABORATORIES
8.11.1

Additional Requirements

The following standards are as additional requirements for all hospitals, sanitariums,
medical/dental centers, offices, clinics or institutions:
a. All parking shall be located to the side or rear of the principal building and in
accordance with this Ordinance.
b. In residential districts, light poles shall not exceed fifteen (15) feet in height. All
lighting shall be contained on site.
c. All waste disposal facilities shall be located to the rear of the principal structure.

8.12 RECREATIONAL COMMUNITY CENTER

8.12.1

Additional Requirements
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The following standards are additional requirements for all recreational community centers:
a. In residential districts, light poles shall not exceed fifteen (15) feet in height. All
lighting shall be contained on site.
b. All waste disposal facilities shall be located to the rear of the principal structure.
c. The sale of alcoholic beverages shall be prohibited.
8.13 JUNK YARDS, JUNK STORAGE, SCRAPPING OF MOTOR VEHICLES AND
PARTS AND SALVAGE
8.13.1

Additional Requirements

The following standards are additional requirements in the Special Permit process for junk
yards, junk storage, scrapping of motor vehicles and parts and salvage:
a. In addition to the requirements in this Ordinance, a landscaped buffer a minimum of
five (5) feet in height and fifteen (15) feet in width shall be provided along abutting
property lines.
b. All waste shall be stored and handled in accordance with state and federal
regulations.
c. Monitoring wells shall be installed and bi-annual reports submitted to the SPGA
(Special Permit Granting Authority).
d. Bi-annual reports shall be submitted to the SPGA detailing type of materials received
and method of disposal.
8.14 WAREHOUSE/RETAIL TRADE AND DISTRIBUTION
In its review and issuance of a special permit to allow for the operation of a warehouse/retail
trade and distribution facility, the Planning Board shall make the following findings:
8.14.1The operation of the warehouse/retail trade and distribution facility is considered
compatible with surrounding industrial uses in terms of trip generation, traffic impacts to
abutting roadways and impacts from general industrial activities including but not limited to
noise, vibration and odor.
8.14.2 The operation of the warehouse/retail trade and distribution facility is limited to the
sales and distribution of a single product category (examples of single product categories are
meat products, lighting fixtures, textiles) and not a variety of product categories for retail sales
(examples of retail uses not permitted are Sears, Old Navy, Target, Wal-Mart, Home Depot,
Dicks Sporting Goods)
8.14.3 A substantial portion of the sales of the single product category must be to industrial,
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commercial, institutional or professional business users and not retail sales to the general
public.
8.14.4 The building, or portion thereof, used as a warehouse/retail trade and distribution
facility establishment shall be dedicated for warehousing and storage of goods and materials of
its single product category and not for general retail floor space.
8.15 REPAIR GARAGE
8.15.1 Additional Requirements
The following standards are additional requirements in the Special Permit process for repair
garages:
a. Storage of vehicles for parts or storage of parts in the open is prohibited.
b. No work shall be conducted between the hours of 10:00 p.m. and 6:00 a.m.
8.16 REGULATIONS WITH RESPECT TO WIND ENERGY
8.16.1 Regulations with Respect to Windmills
a. Unless otherwise noted, windmills not described and regulated in this section are not
permitted unless a variance is obtained from the Board of Appeals. Abandonment/Safety:
A windmill will be considered abandoned if not operated for a period of two years or if
it is designated a safety hazard by the Building Inspector. Once a windmill is designated
as abandoned, the owner shall be required to immediately dismantle the installation.
b. Access: climbing access to the windmill tower shall be limited either by:
c. the installation of a fence with locked gate around tower base, or,
d. by limiting tower climbing apparatus to no lower than ten (10) feet from the ground.
If a fence is used, it shall be no lower than five (5) feet and constructed in such a manner
as to restrict passage through said fence, including such construction as stockade, woven
wood, chain link, etc., Note: open construction such as 'splitrail' is expressly prohibited.
e. Height, Freestanding Windmills: Permissible height shall be measured as the vertical
distance from the grade of the ground adjoining the windmill to the center of the
windmill rotor. The permissible height of windmills with rotors which are mounted
vertically shall be measured from the grade of the ground adjoining the windmill to a
point halfway between the lowest and highest point of the rotor.
f. Height, Roof Windmills: Permissible height shall be measured as the vertical
distance from the top of the roof of the building on which the windmill is mounted to the
center of the windmill rotor. The permissible height of windmills with rotors which are
mounted vertically shall be measured from the top of the roof of the building on which
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the windmill is mounted to a point halfway between the lowest and highest point of the
rotor.
g. Noise and Electrical Interference: Setback requirements notwithstanding, no
windmill shall be located so as to generate excessive noise and/or electrical interference,
e.g. with radio and television reception on neighboring premises. If such interference or
excessive noise is created, the Town Council, following a duly authorized public
hearing, shall be empowered to order appropriate corrective action, including a cessation
of the windmill's operation.
h. Placement: No windmill shall be constructed in any front or side yard area. All other
setback requirements shall be measured from property lines to the center of the base of
the windmill tower.
i. Any roof mounted windmills shall be installed in strict compliance with the
manufacturer's instructions; in the event such instructions do not so specify, any roof
mounted windmill shall be bolted through the roof with bearing plates installed on the
roof's underside.
8.16.2

Specific Regulations

a. Windmills permitted upon issuance of appropriate permits by the Inspector of

Buildings, Wiring Inspector and/or Plumbing Inspector.
1. Freestanding windmills permitted in any zoning district.
i. Maximum Height: 75 feet
ii. Maximum Rotor Diameter: 35 feet
iii. Setback: 1.75 times the height of the windmill
2. Roof mounted windmills permitted in RA, RA-1, RA-2, and RB zoning districts.
i. Maximum Height:15 feet
ii. Maximum Rotor Diameter: 6 feet
3. Roof mounted windmills permitted in all other zoning districts.
i. Maximum Height: 25 feet
ii. Maximum Rotor Diameter: 16 feet
4. Exemptions. Freestanding windmills twenty-five feet or less in height, roof
mounted windmills ten feet or less in height or windmills used solely for agricultural
purposes may be installed without building permits. In addition, windmills not
connected to building systems, e.g. those used for irrigation, motor vehicle
recharging systems, swimming pools filters and the like, may be installed without
permits from the Wiring or Plumbing Inspectors.
8.16.3

Windmills allowed by Special Permit granted by the Board of Appeals

a. Maximum Heights and Rotor Diameters
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1. Freestanding: any zoning district

Height: 100 feet
Rotor Diameter: 65 feet

2. Roof mounted: RA, RA-1, RA-2, RB zoning districts

Height: 25 feet
Rotor Diameter: 16 feet
3. Roof Mounted: all other zones
Height: 40 feet
Rotor Diameter: 20 feet
b. Setback, freestanding windmills: 2.00 times the height of the windmill. In the
event a special permit is sought for a windmill which is to be jointly owned by
abutting land owners, required setbacks may be measured from the farthest property
lines of such abutting properties.
1. In considering a special permit the Board of Appeals shall determine that no
substantial detriment to the public good or safety shall occur; in addition, the
Board shall ensure that the permit sought will not adversely affect the
environmental and visual quality of the Town. The Board shall also ensure that
any special permits granted for jointly owned windmills contain provisions to
guarantee that responsibility for maintenance and repair of such windmills "runs
with the land" of each participating land owner.
8.17 REGULATIONS WITH RESPECT TO COMMERCIAL GROUND-MOUNTED
SOLAR PHOTOVOLTAIC INSTALLATIONS
2.17.1

Purpose

The purpose of this section of the Ordinance is to promote the creation of commercial
ground-mounted solar photovoltaic installations by providing standards for the
placement, design, construction, operation, monitoring, modification and removal of
such installations that address public safety, minimize impacts on scenic, natural and
historic resources and provide adequate financial assurance for the eventual
decommissioning of such installations.
8.17.2

Applicability

This section applies to large scale ground-mounted solar photovoltaic (PV) installations
measuring 1.25 acres and larger. This section of the West Springfield Zoning Ordinance
does not apply to solar PV facilities mounted on buildings or to solar PV facilities for
residential use.
The provisions of this Section shall not apply to land owned by the Town of West
Springfield.
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8.17.3

General Requirements for All Solar Power General Installations

a. Compliance with Laws, Ordinances and Regulations

The construction and operation of all ground-mounted solar PV installations shall be
consistent with all applicable local, state and federal requirements, including but not
limited to all applicable safety, construction, electrical, and communications
requirements. All buildings and fixtures forming part of a solar PV installation shall be
constructed in accordance with the State Building Code.
b. Building Permit
No ground-mounted solar PV installation shall be constructed, installed or modified as
provided in this section without first obtaining a building permit.
8.17.4

Site Plan Review

Ground-mounted solar PV installations measuring 1.25 acres and larger shall undergo a
site plan review as outlined in Section 13 of the West Springfield Zoning Ordinance
prior to construction, installation or modification of the facility as provided in this
section. The total area of ground-mounted solar PV structures shall include the areas
where the solar panels are installed, all appurtenant and accessory buildings, access
roads, landscaping and visual screening elements.
a. Required Documents
Pursuant to the required site plan content described in Section 13.6 of the Zoning
Ordinance, the project proponent shall provide the following additional documents and
information. The Planning Board may waive any of these requirements as it deems
appropriate.
1. A site plan showing:
i. Property lines and physical features, including roads for the project site,
wetlands, wildlife corridors and other relevant features;
ii.Location and approximate height of tree cover, including any trees on public
property that are age 75 years and older or with a diameter of 36 inches or
greater, and any trees that are within the jurisdiction of the Tree Warden;
iii.Proposed changes to the landscape of the site, including roads, grading,
vegetation clearing and planting, roads, parking areas, exterior lighting,
screening vegetation or structures;
iv.Elevations of the solar PV installation signed by a Professional Engineer
showing the proposed layout of the system and any potential shading from
structures and vegetation, including those on abutting property(ies);
v.A three-line electrical diagram detailing the solar PV installation, associated
components, and electrical interconnection methods, with all National
Electrical Code compliant disconnects and overcurrent devices;
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vi.Documentation of the major system components to be used, including the

photovoltaic panels, mounting system, and inverter;
vii.Name, address, and contact information for the proposed system installer;
viii.Name, address, phone number and signature of the project proponent, as
well as all co-proponents and property owners, if any;
ix.The name, contact information and signature of any agents representing the
project proponent; and
2. Documentation of actual or prospective access and control of the project site (see
also Section 9.75);
3. An operation and maintenance plan (see also Section 9.76);
4. Proof of liability insurance consistent with industry standards for the proposed
facility;
5. Description of financial surety that satisfies Section 9.79; and
6. A public outreach plan, including a project development timeline, which
indicates how the project proponent will inform and educate abutters and the
community.
All plans shall be prepared, stamped and signed by a Professional Engineer licensed to
practice in Massachusetts.
8.17.5 Site Control, Operation and Maintenance Plan, and Utility Notification
a. Site Control and Operation Plan
The project proponent shall submit documentation of actual or prospective access and
control of the project site sufficient to allow for construction and operation of the
proposed solar photovoltaic installation.
b. Maintenance Plan
The project proponent shall submit a plan for the operation and maintenance of the
ground-mounted solar PV installation, which shall include measures for maintaining safe
access to the installation, storm water controls, as well as general procedures for
operational maintenance of the installation.
c. Utility Notification
No ground-mounted solar PV installation shall be constructed until evidence has been
given to the Planning Board that the utility company that operates the electrical
distribution system grid where the installation is to be located has been informed by the
owner or operator of the proposed solar PV installation of their intent to install an
interconnected customer-owned generator. Off-grid systems shall be exempt from this
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requirement.
8.17.6 Dimension and Density Requirements
a. Setback and Height Requirements
The setbacks for ground-mounted solar photovoltaic installations, including appurtenant
structures and parking areas, shall be at least 50 feet from any property boundary. The
setback areas shall not be included in the calculation of the size of the ground-mounted solar
voltaic installation. The height of a ground-mounted solar photovoltaic installation or any
appurtenant structure shall comply with the requirements of Section 6.0 of the West
Springfield Zoning Ordinance.
b. Lot Coverage
The lot coverage requirements of Table 6-2 of the West Springfield Zoning Ordinance do
not apply to ground-mounted solar PV installations.
c. Appurtenant Structures
All appurtenant structures to ground-mounted solar PV installations shall comply with
the requirements of Section 6.35 Accessory Structures of the West Springfield Zoning
Ordinance All such appurtenant structures include but are not limited to equipment
shelters, storage facilities, transformers, and substations.

8.17.7

Design, Safety, and Environmental Standards

a. Lighting
Lighting of solar PV installations shall be consistent with local, state and federal law.
Lighting of other parts of the installation, such as appurtenant structures, shall be limited
to that required for safety and operational purposes, and shall be reasonably shielded
from abutting properties. Where feasible, lighting of the solar PV installation shall be
directed downward and shall incorporate full cut-off fixtures to reduce light pollution.
b. Signage
Any signs on ground-mounted solar PV installations and property shall comply with
Section 9.2 of this Zoning Ordinance. A sign shall be required to identify the owner and
provide a 24-hour emergency contact phone number. Solar PV installations shall not be
used for displaying any advertising except for reasonable identification of the
manufacturer or operator of the solar photovoltaic installation.
c. Utility Connections
Reasonable efforts, as determined during the site plan review, shall be made to place all
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utility connections from the solar PV installation underground, depending on appropriate

soil conditions, shape, and topography of the site and any requirements of the utility
provider. Electrical transformers for utility interconnections may be above ground if
required by the utility provider.
d. Landscaping
All land associated with the ground-mounted solar PV installation shall be covered and
grown in natural vegetation. All ground surface areas beneath solar arrays and setback
areas shall be pervious to maximize on-site infiltration of stormwater. Impervious paving
of areas beneath solar arrays is prohibited. To the greatest extent possible, a diversity of
plant species shall be used, with preference given to species that are native to New
England. Use of plants identified by the most recent copy of the Massachusetts
Prohibited Plant List maintained by the Massachusetts Department of Agricultural
Resources is prohibited. Herbicides shall be applied only by properly licensed personnel
in conformance with all applicable state regulations.
e. Parking and Access
Reasonable on-site parking is required for vehicles that will service the installation only.
The requirements of Section 9.0 Off-Street Parking of the West Springfield Zoning
Ordinance do not apply.
f. Visual Impact Mitigation
The plan for a ground-mounted solar PV installation shall be designed to maximize the
preservation of on-site and abutting natural and developed features. In undeveloped
areas, existing vegetation shall be retained to the greatest extent possible, especially
where such vegetation provides a benefit to the natural environment. In developed areas,
the design of the installation shall consider and incorporate human-designed landscape
features to the greatest extent, including contextual landscaping and landscape amenities
that complement the physical features of the site and abutting properties. Whenever
reasonable, structures should be screened from view by vegetation and/or joined or
clustered to avoid adverse visual impacts and be architecturally compatible with each
other. Vegetation shall be of varieties native to New England. Vegetative screening shall
reach a mature form to effectively screen the installation within five years of installation.
The mature height of the vegetated screening shall be such that the installations
structures are not apparent to a person upon any public road and viewing the installation
from a height of 10 feet. Planting of the vegetative screening shall be completed prior to
final approval of the solar PV installation by the Building Inspector.
g. Emergency Services
The owner or operator of the ground-mounted solar PV installation shall provide a copy
of the project summary, electrical schematic, and site plan to the West Springfield Fire
Department. Upon request, the owner or operator shall cooperate with local emergency
services in developing an emergency response plan. All means of disconnecting the solar
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PV installation shall be clearly marked. The owner or operator shall identify and provide
contact information for a person who is responsible for responding to all public and
emergency inquiries related to the installation. This information shall be updated as
needed.
h.

Land Clearing, Soil Erosion and Habitat Impacts

Clearing of natural vegetation shall be limited to that which is necessary for the
construction, operation and maintenance of the ground-mounted solar PV installation or
otherwise prescribed by applicable laws, regulations, and ordinances. Sufficient
vegetation shall be maintained to minimize soil erosion. Ground-mounted solar PV
installations shall be installed only upon water permeable surfaces as approved during
site plan review.
i. Preservation of Trees
Ground-mounted solar PV installations shall be designed and constructed to preserve and
maintain the health and root systems of significant trees on public property and within
the jurisdiction of the Tree Warden that are age 75 years and older or at least three feet in
diameter at a height of four feet above the ground. Any removal of trees on public
property shall be consistent MGL Chapter 87 Shade Trees, MGL Chapter 40 Section
15C Scenic Road Designations and all other applicable regulations.
j. Wildlife Corridors
Ground-mounted solar PV installations shall be designed and constructed to minimize
the impacts on wildlife corridors.
k. Sound Levels
Sound levels under normal operating conditions of the ground-mounted solar PV
installation measured at the boundary of the lot on which the installation in sited shall
not be more than 10 decibels greater than would otherwise exist in the absence of the
facility.
l. Hazardous Materials
Hazardous materials that are stored, used, or generated on site shall not exceed the
amount for a Very Small Quantity Generator of Hazardous Waste as defined by
Massachusetts Department of Environmental Protection regulations 310 CMR 30.000
and shall meet all applicable requirements, including storage of hazardous materials in a
building with an impervious floor that is not adjacent to any floor drains to prevent
discharge to the outside environment. If hazardous materials are utilized within the solar
electric equipment, then impervious containment areas capable of controlling any release
to the environment and to prevent potential contamination of groundwater are required.
m. Independent Engineer
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Upon request of the Planning Board, the proponent shall pay for a licensed third-party
Independent Engineer selected by the permitting authority to review submittals on their
behalf.
8.17.8

Monitoring and Maintenance

a. Solar Photovoltaic Installation Conditions

The owner or operator of the ground-mounted solar PV installation shall maintain the
facility in good condition. Maintenance shall include, but not be limited to, painting,
structural repairs, landscaping and integrity of security measures. Site access shall be
maintained to a level acceptable to the West Springfield Fire Chief, Building Inspector
and Electrical Inspector. The owner or operator shall be responsible for the cost of
maintaining the installation and any access road(s), unless accepted as a public way.
b. Modifications
All material modifications to a solar PV installation made after issuance of the required
building permit shall require approval by the Planning Board.
c. Removal Requirements and Abandonment
1. Abandonment
Absent notice of a proposed date of decommissioning or written notice of
extenuating circumstances, the solar PV installation shall be considered
abandoned when it fails to operate for more than one year without a written
waiver of consent of the Planning Board. If the owner or operator of the largescale ground-mounted solar PV installation fails to remove the installation in
accordance with the requirements of this section within 150 days of abandonment
or the proposed date of decommissioning, the Town or its agents may enter the
property and physically remove the installation, the full cost of which shall be the
responsibility of the owner or operator.
2. Removal Requirements
Any ground-mounted solar PV installation which has reached the end of its
useful life or has been abandoned consistent with Section 9.78c1 of this
ordinance shall be removed. The owner or operator shall physically remove the
installation no more than 150 days after the date of discontinued operations. The
owner or operator shall notify the Planning Board by certified mail of the
proposed date of discontinued operations and plans for removal.
Decommissioning shall consist of:
i. Physical removal of all ground-mounted solar photovoltaic installations,
structures, equipment, security barriers and electrical lines from the site;
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ii. Disposal of all solid and hazardous waste in accordance with local, state,
and federal waste disposal regulations;
iii. Stabilization and re-vegetation of the site as necessary to minimize
erosion. The Planning Board may allow the owner or operator to leave
landscaping or designated below-grade foundations to minimize erosion and
disruption to vegetation.
8.17.9

Financial Surety

The project proponent of ground-mounted solar PV projects shall provide a form of

surety, either through escrow account, bond or otherwise, to cover the cost of removal in
the event the Town becomes responsible for removing the installation and remediating
the landscape. The amount and form of the surety shall be determined to be reasonable
by the permitting authority, but in no event should exceed more than 125 percent of the
cost of removal and compliance with the additional requirements set forth herein, as
determined by the project proponent. Such surety is not required for municipally-owned
or state-owned facilities. The project proponent shall submit a fully inclusive estimate of
the costs associated with removal prepared by a qualified engineer. The amount shall
include a mechanism for calculating increased removal costs due to inflation.
8.18 WIRELESS COMMUNICATIONS FACILITIES
8.18.1

Purpose

The purposes of these regulations are: to minimize adverse impacts of wireless

communications facilities, satellite dishes and antennae to the communitys neighborhoods
and traveled ways; minimize the overall number and/or height of such facilities to provide
mandated coverage pursuant to the Telecommunications Act; and promote the integration of
such facilities with existing buildings and the shared use of existing facilities to reduce the
need for new individual towers to maintain existing neighborhood and community
characteristics.
To further these purposes, two overlay districts are established as follows:
Commercial Communications Overlay District to provide opportunity for wireless
communications facilities of a height and design consistent with neighboring multi-storied
and densely developed commercial uses and to provide collocation opportunities; and
Residential Communications Overlay District to provide opportunity for wireless
communications facilities of a height and design consistent with existing neighborhood
structures and recreational and municipal uses.
8.18.2

Applicability

8.18.2.1 No wireless communications facility shall be erected or installed except in

compliance with the provisions of this section of the Ordinance.
8.18.2.2 The requirements of this section shall apply to all wireless communications
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facilities, except where Federal or State Law or Regulations exempt certain users or uses
from all or portions of the provisions of this section.
8.18.2.3 For the purposes of administering the permitting process for this section of the
Zoning Ordinance, the Planning Board shall be the Special Permit Granting Authority
(SPGA).
8.18.2.4 For the purpose of administering this section of the zoning ordinance, wireless
communications facilities shall be considered accessory in use and structure to any
principal use or structure located on the subject parcel.
8.18.3

District Overlay Regulations

8.18.3.1 Applicants seeking approval for the construction of a new ground-mount shall
demonstrate that they have investigated configurations lower in numerical rank in the
following Tier ranking than the one for which they are applying and make a showing that
demonstrates that the alternatives are singly or in aggregate insufficient to provide the
necessary coverage, are more visible, are not available or feasible for aesthetic or
have/has more of a detrimental impact on surrounding neighborhoods and the general
community than use of the proposed location. In considering alternatives, the SPGA
need not assess only single-site options. It may assess the combination of two or more
locations to satisfy the needs of the applicant in an area.
Residential Communications
Overlay District
Tier I
Tier II
Tier III
Tier IV

Side-mount
Roof-mount
Structure-mount
Ground-mount

SPR (see note 1)

SPR (see note 1)
SPR
SPB (see note 2)

Commercial Communications
Overlay District
SPR
SPR
SPR
SPB

Note 1: Side- or roof-mounts within the Residential Communications Overlay District shall
utilize either concealment or camouflage techniques.
Note 2: All new ground mounts within the Residential Communications Overlay District shall
be either: a) camouflaged and set back a minimum of 200 feet from any existing single,
two or three-family residential structure not on the subject parcel; or b) designed
utilizing conventional exposed structural and mounting components and set back a
minimum of 550 feet from any existing single, two or three-family residential structure
not on the subject parcel.
8.18.3.2 New ground mount facilities shall only be considered after a finding by the
SPGA that one or more existing buildings, structures or ground-mount facilities cannot
provide equivalent service for the service provider (s) than that of the proposed facility.
8.18.3.3 Collocation of new antennae on existing ground mount facilities shall be
allowed through the Site Plan Review process provided that the height of the groundmount is not increased and the proposed equipment shelter/cabinet complies with the
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provisions of this section. A collocation that results in an increase in the height of the
ground mount shall require the issuance of a special permit.
8.18.4 General Standards
The following guidelines shall be used when preparing plans for the siting and construction
of all wireless communications facilities.
8.18.4.1 Side- and roof-mounts, including antennae, and roof mounted equipment
shelters shall not project more than twenty feet above the roof in the vicinity of their
point of attachment. Side-mounts shall not extend more than two feet horizontally
from the mounting surface to which they are attached, unless camouflaged within a
purpose-built decoy that integrates with the architecture of the building, in which case
the dimension shall be established by the permit granting authority in the context of
the case. Roof-mounts shall not project past the plane of the wall or other vertical
surfaces that form a perimeter around the area of the mount. Side- and roof-mounts
may locate on a building that is legally non-conforming with respect to height,
provided that the mounts, with antennae, do not project above the existing building
height, unless camouflaged, in which case the mount or antennae may exceed the nonconforming building height by up to twenty feet without the need for a variance or a
finding under the provisions of section 4.21 of this ordinance, provided that the mount
and antenna are compatible with the existing structure and surrounding neighborhood.
8.18.4.2 Structure-mounts, including those to be installed on existing structures that are
legally non-conforming with respect to height, may extend up to 20 feet in height above
the height of the existing structure by the installation of antennae and mounts without the
need for a variance or a finding under the provisions of section 4.21 of this ordinance,
provided that the extension is compatible with the structure and the surrounding
neighborhood.
8.18.4.3 All ground-mount facilities shall be designed to be constructed at the
minimum height necessary to achieve an RF signal strength in compliance with the
communication providers respective FCC license or if no RF signal strength is set forth
in the license, then the RF signal strength stated in FCC form 601 or its replacement
form on file with the FCC. In no case shall the height of a ground-mount facility exceed
190 feet as measured from the original ground level at the base of the mount. The SPGA
shall make a finding regarding the minimum height necessary to comply with this
provision. In order to facilitate collocation, the SPGA may require that a new groundmount be constructed in a manner structurally sufficient to accommodate an increase in
its height. The setback of a ground-mount from the property line of the lot on which it is
located shall be at least equal to twenty-five percent (25%) of the height of the mount.
8.18.4.4 The permitting and construction of a ground-mount for speculation purposes is
prohibited. All special permit and building permit applications for the construction of a
ground-mount shall include an FCC licensed provider of wireless service as an applicant
or co-applicant for the site. The licensed FCC provider shall file with its application a
copy of its license and its current FCC form 601, or its replacement form.
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8.18.4.5 Residential Communication Links shall be located in the side or rear yard or
attached to the principal structure unless approved by the Planning Board through the site
plan review process. All Ground-mount Residential Communication Links shall be
screened from view from abutting streets or properties through the use of vegetative
buffers. Building-mounted Residential Communication Links shall not exceed six (6)
feet in height above the roof line of the structure nor shall any building-mounted satellite
reception dish be greater than three (3) feet in diameter.
8.18.4.6 In accordance with MGL, Chapter 40A, Section 3, and 47 CFR 97.15 the
height of antenna associated with federally licensed amateur radio operators shall not
exceed the minimum height necessary to allow for reasonable communications.
8.18.5

Design Standards

The following standards shall be incorporated into the design of a proposed wireless
communications facility in order to mitigate the visual impact of the proposed facility:
8.18.5.1 When a wireless facilitys antennae and mount extend above the height of a
building or structure on which they are mounted, every reasonable effort shall be made to
conceal them within or behind existing or custom made architectural features to limit
visibility from public ways and abutting property. Absent effective concealment
alternatives, antennae, cables, and mounts should be placed to minimize their visibility
and their impact on the building or structures silhouette. The use of coloration,
purpose-built decoys and other methods of camouflaging the antennae shall be applied as
suited to the circumstances.
8.18.5.2 Wireless communication facilities that are side-mounted on buildings shall be
designed to be in harmony with the existing structure. Absent effective concealment
alternatives, antennae, cables, and mounts should be painted or constructed of materials
to match the color of the building material directly behind them in order to minimize
their visibility and their obtrusiveness in the context of their installation.
8.18.5.3 If a wireless communication facility is not suitably screened from public view
by existing buildings, structures or vegetation, the permit granting authority may require
the installation of additional screening that may include a combination of fencing and
deciduous and evergreen landscaping. The permit granting authority shall determine the
types of trees and plant materials and depth of the needed buffer based on site conditions.
All landscaping and screening shall be maintained. Trees or shrubs which die shall be
replaced.
8.18.5.4 Where a wireless facility cannot be sufficiently screened from view as
provided above, the permit granting authority may require that such facility must be
designed to blend or be compatible with the natural and built features of the
surroundings. Antenna mount designs may include, but are not limited to, flagpole,
lookout tower, or faux tree designs. Other portions of wireless facilities, such as
equipment cabinets, shelters, cables and utility connections may require different degrees
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and types of mitigation than the associated mount, including but not limited to
installation inside existing structures, installations of site-compatible structures with
surrounding neighborhood structures.
8.18.5.5 To the extent that any wireless facility extends above the height of the
structures and vegetation immediately surrounding it, the permit granting authority may
require that it be colored in a manner that best blends with the visual background from
the most critical points of view, unless the camouflage or concealment method requires
different coloration (such as a white flag pole).
8.18.5.6 There shall be no signs, except for those necessary to control access, assure
safety, provide emergency contact information or otherwise required by law. No sign
shall be greater than eight square feet in size and six feet in elevation.
8.18.5.7 Night lighting of Wireless Communications Facilities shall be prohibited
unless said lighting prohibition results in a prohibition of service under the
Telecommunications Act.
8.18.5.8 If required by the Planning Board, there shall be a minimum of one (1) parking
space for each wireless communications facility to be used in connection with the
maintenance of the site, and it shall not to be used for the permanent storage of vehicles
or other equipment.
8.18.6

Application Procedures

Prior to the submission of an application under the provisions of this section, the applicant is
strongly encouraged to meet with the Planning Board at a public meeting to discuss the
proposed wireless communications facility in general terms and to clarify the filing and
permitting requirements.
Applications for wireless communications facilities that are subject to the Site Plan Review
process shall include the documents required in Section 1 of this ordinance, and in addition,
photo simulations of the proposed facility that detail location, color and visibility from
abutting properties and streets.
In addition to the application criteria outlined in the Special Permit section of this Ordinance
and the related Rules and Regulations as adopted by the Planning Board, the following
information shall be included with a special permit application for a Ground-mount Wireless
Communications Facility:
Location Requirements:
a. A map indicating the location and ownership of existing wireless communications
facilities in the Town and outside the Town within a one-mile radius of the proposed
site.
b. Tree cover on the subject property and adjacent properties within 300 feet, by
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dominant species and average height, as measured by or available from a verifiable

source.
c. Proposed location and elevations of antenna, mount and equipment shelter(s).
d. Proposed security barrier, if any, indicating type and extent as well as point of
controlled entry.
e. Representations, dimensioned and to scale, of the proposed mount, antennae,
equipment shelters, cable runs and parking areas.
f. Lines representing the sight line showing viewpoint (point from which view is taken)
and visible point (point being viewed) detailed as follows:
1. A sight line representation shall be drawn from any public road within 300 feet
and the closest facade of each residential building (viewpoint) within 300 feet to the
highest point (visible point) of the wireless facility. Each sight line shall be depicted
in profile, drawn at one-inch equals 40 feet. The profiles shall show all intervening
trees and buildings. In the event there is only one residential building within 300 feet
there shall be at least two sight lines from the closest habitable structures or public
roads, if any.
1. Existing (before condition) photographs. Each sight line shall be illustrated by one
four-inch by six-inch or larger color photograph of what can currently be seen from
any public road within 300 feet of the site.
2. Proposed (after condition) photographs. Each of the existing condition
photographs shall have the proposed wireless facility superimposed on it to show
what will be seen from public roads if the proposed facility is built.
4. A visibility map prepared by a qualified professional indicating areas in West
Springfield from which all or portions of the facility will be visible, with separate
indications of locations where visibility of the facility through defoliated vegetation
will be possible. The map may be created after the application is filed, in
conjunction with a crane or balloon test.
5. Siting elevations, or views at-grade from the north, south, east and west for a 100foot radius around the proposed wireless communications facility plus from all
existing public and private roads that abut the subject property. Elevations shall be at
either one-quarter inch equals one foot or one-eighth inch equals one-foot scale and
show the following:
i. Antennae, mounts and equipment shelter(s), with elevation dimensions of
each.
ii. Existing trees and shrubs at current height and proposed trees and shrubs at
proposed height at time of installation, with approximate elevations dimensioned.
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Design Requirements:
a. If requested by the Permit Granting Authority, equipment brochures such as
manufacturer's specifications or trade journal reprints for the proposed wireless facility
shall be provided for the antennae, mounts, equipment shelters, cables as well as cable
runs, and security barrier, if any.
b. A description of the materials of the proposed wireless facility specified by generic
type and specific treatment (e.g., anodized aluminum, stained wood, painted fiberglass,
etc.). These shall be provided for the antennae, mounts, equipment shelters, cables as
well as cable runs, and security barrier, if any.
c. If requested by the Permit Granting Authority, colors of the proposed wireless facility
represented by a color board showing actual colors proposed. Colors shall be provided
for the antennae, mounts, equipment shelters, cables as well as cable runs, and security
barrier, if any.
d. Dimensions of the personal wireless communications facility specified for all three
directions: height, width and breadth. These shall be provided for the antennae, mounts,
equipment shelters and security barrier, if any.
e. Appearance shown by at least two photographic superimpositions of the wireless
communications facility within the subject property. The photographic superimpositions
shall be provided for the antennae, mounts, equipment shelters, cables as well as cable
runs for the total height, width and breadth. Additional photographs with
superimpositions depicting the visibility of the proposed facility from any sites selected
by the SPGA shall be submitted by the applicant during the hearing process as directed
by the SPGA.
f. Landscape plan including existing trees and shrubs and those proposed to be added,
identified by size of specimen at installation and species.
g. Within 21 days of filing an application for a ground-mount facility, the applicant
shall conduct a balloon or crane test at the proposed site to illustrate the height of the
proposed facility. This requirement may be waived by the SPGA where the SPGA deems
it to be inappropriate. The date, time and location of such test shall be advertised in the
West Springfield Record a minimum of five days prior to the test. Notice of said test
shall also be sent to all parties in interest as defined by M.G.L. Chapter 40A, section 11.
h. If lighting of the site is proposed, the applicant shall submit a lighting plan indicating
foot-candle levels at grade, within the property to be developed and twenty-five (25) feet
beyond the property lines. The printout shall indicate the locations and types of
luminaries proposed.
The permit granting authority may waive any filing requirement it deems to be unnecessary
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to the review of the particular application.

In order to properly review and evaluate an application submitted to the Planning Board
under the provisions of this section of the Zoning Ordinance, at the expense of the applicant,
the Planning Board may hire or contract with the services of engineers or other persons with
required technical expertise. Such hiring shall be done in consultation with the applicant and
for reasonable fees.
8.18.7

Reconstruction of Existing Wireless Communication Facilities

8.18.7.1 Reconstruction of pre-existing non-conforming communication facility within

the Commercial Communications Overlay District shall be allowed through the site plan
review process provided that the reconstruction does not result in either an increase in
height of the facility or a material change in the character of the facility by way of its
bulk, color or design.
8.18.7.2 Reconstruction of pre-existing non-conforming communications facility within
the Residential Communications Overlay District shall be allowed by special permit
issued by the Planning Board provided that the reconstruction does not result in either an
increase in height of the facility or a material change in the character of the facility by
way of its bulk, color, design or area of coverage.
8.18.8 Administration
8.18.8.1 Upon request by the Building Commissioner, antennae and mounts associated
with the Wireless Communications Facilities shall be removed by the wireless facility
operator within six months of cessation of use.
8.18.8.2 Upon request by the Building Commissioner, the owner of a Wireless
Communications Facility shall file a written statement that the operation of an existing
facility complies with, or is exempt from applicable regulations administered by the
Federal Aviation Administration (FAA), Federal Communications Commission (FCC),
Massachusetts Aeronautics Commission and the Massachusetts Department of Public
Health. The owner may also periodically be required by the Building Commissioner to
demonstrate compliance with applicable structural standards.
8.18.8.3 Prior to the issuance of a building permit for the construction of a groundmount facility, the SPGA shall require an applicant to maintain during the existence of
the facility a bond sufficient in the opinion of the SPGA to pay for the costs for the
removal of a ground-mount facility in the event the Town must remove the facility after
cessation of use.

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9.0 OFF-STREET PARKING AND LOADING STANDARDS

9.0.1 Purpose
The purpose of this Section of the Ordinance is to provide provisions for adequate parking
which will protect the health, safety and welfare of the general public while providing
convenience to citizens, opportunity for economic development and growth, addressing preexisting non-conforming properties and ensuring adequate access for the development and
redevelopment of land in the Town of West Springfield.
9.0.2 General
9.0.2.1 Changes to parking or curb cuts for residential structures greater than four-family
and all non-residential structures shall be subject to Site Plan Review.
9.0.2.2 Minimum parking space dimensions shall comply with The Dimensions of
Parking Fifth edition or latest edition, published by the Urban Land Institute and the
National Parking Association. Diagram 9-3: Parking Dimensions and Diagram 9-4:
Parking Dimensions Illustrated.
9.0.2.3 Except for single and two-family uses, parking areas designed so that vehicles
back out directly on to a public or private street are prohibited.
9.0.2.4 No parking area shall encroach upon public property. Parking areas shall be
designed so that vehicles cannot extend beyond the perimeter of the property onto
adjacent properties or public rights-of-way. Such areas shall also be designed so that the
vehicles do not extend over sidewalks or tend to bump against or damage any wall,
vegetation, or other obstructions.
9.0.2.5 By right, parcels fronting on a single public street are allowed no more than two
(2) access drives and parcels fronting on more than one public street are allowed two (2)
access drives for the first fronting street and one (1) additional access drive per
additional street. Applicants may request additional access drives through a Special
Permit process with the Planning Board in accordance with Section 1 of this ordinance.
9.0.2.6 Access drives for one way travel shall be twelve (12) feet in width and twenty
four (24) feet in width for two way travel , but not wider than the internal driveway, at
their intersection with the street right-of-way except as approved through Site Plan
Review
9.0.2.7 On property used for residential purposes, campers, mobile homes, boats, trailers,
and other similar registered or non-registered vehicles shall be stored in the side or rear
yard of the parcel and shall be screened from abutting properties and public and private
ways. Any parking in the front yard, as defined in Section 2, shall be prohibited.
On corner lots of residential properties, mobile homes, campers, boats, trailers, and other
similar registered or non-registered vehicles shall not be located between the principal
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structure and the street line on corner lots, of a residential property.

9.0.2.8 The reconstruction of an existing structure shall not be required to provide
parking and loading in accordance with Table 9-1 as long as the parking spaces which
existed at the time of demolition of the existing building are maintained as available
parking. The new building shall not be built so as to reduce the number of parking spaces
which were provided prior to the demolition of the existing building.
9.0.2.9 All activities other than those discussed in Section 9.0.2.8 shall require parking
and loading in accordance with Table 9-1.
9.0.3 Location
9.0.3.1 Except for single and two-family structures, no parking shall be permitted within
the front yard as defined in Section 2. All parking areas should be located to the rear of
the principal structure.
9.0.3.2 Parking for non-residential purposes may be shared with abutting businesses
provided that:
a. The uses are similar and compatible with one another;
b.The uses and underlying land are located in the same zoning district or different
business districts allowing the same uses;
c.The total number of curb cuts are reduced by the use of common driveways;
d. There is evidence that the parking areas have enough parking spaces to
accommodate both uses.
e.A plan outlining the proposed parking has been approved by the Planning Board
through Site Plan Review; and
f.An easement allowing for the sharing of parking is recorded in the Hampden
County Registry of Deeds. Said easement shall be subject to approval by Town
Attorney.
9.0.3.3 Access drives initially constructed after March 1, 2009 shall not be located within
forty (40) feet of the intersection of any two (2) streets. The forty (40) foot offset
standard shall not apply to the repavement or resurfacing of an existing access drive
provided the existing driveway does not exceed maximum allowable driveway width.
9.0.3.4 Access drives initially constructed after March 1, 2009 shall not be located within
thirty (30) feet of another access drive. The thirty (30) foot separation standard shall not
apply to the reconstruction or resurfacing of an existing access drive provided the
existing driveway does not exceed maximum allowable driveway width.

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9.0.3.5 For commercial and industrial uses, access drives shall not be located within
fifteen (15) feet of a property line. The fifteen (15) foot separation shall not apply to the
reconstruction or resurfacing of an existing access drive provided the existing driveway
does not exceed maximum allowable driveway width.
9.0.3.6 Internally, access drives shall be separated from abutting access drives by a five
(5) foot landscaping buffer. The required internal landscaping buffer shall not apply to
the reconstruction or resurfacing of an existing access drive provided the existing
driveway does not exceed maximum allowable driveway width.
9.0.3.7 Additional Required Parking in the Central Business (CB) District:
With the exceptions noted below, parking shall be provided in accordance with the
requirements of this Section of this Ordinance.
a. Parking in the Central Business District:
1."Off Site Parking": parking required by this Section need not be provided on
the same site as the proposed development but may be located on any parcel
of suitable size with available excess parking spaces located within the
Central Business District provided there is a legally binding easement filed
with the Hampden County Registry of Deeds between the owner of the
parcel to be used for parking and the owner of the proposed development
and such site is landscaped in accordance with the provisions of Section
9.0.4.
2.No additional off-street parking or loading space is required for the following:
(a) Town buildings and town properties.
(b) Continued use or reuse of a building with the same use or new use
with lesser parking requirements in existence prior to January 1, 1997
provided the proposed use does not increase the total square footage of
floor area within the building.
1. Uses shall be considered in existence provided the use is
continuous and no vacancy of more than 50% of the total floor area
of the building exists for more than 365 days.
9.0.4 Drainage
9.0.4.1 No surface water shall be allowed to enter a public or private street or way.
9.0.4.2 Surface water from parking areas constructed or reconstructed, as defined in
Section 2 of this Ordinance, after January 1, 2015 shall meet the requirements of the
Town of West Springfield Stormwater Ordinance and Section 7-1600 of West
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Springfields General Ordinances.

9.0.4.3 Adequate measures shall be implemented to prevent pollution of surface water or
groundwater, to minimize erosion and sedimentation, and to prevent changes in
groundwater levels, increased run-off and potential for flooding. Drainage shall be
designed in accordance with the Massachusetts Stormwater Handbook so that off-site
run-off shall not be increased, groundwater recharge is maximized, and neighboring
properties will not be adversely affected. Increased runoff from parking areas shall be
recharged on-site by being diverted to vegetated surfaces for infiltration or through the
use of detention ponds.
9.0.4.4 The Planning Board shall require that all applicable design criteria are followed
for LID Parking Area Design as defined in Sections 9.0.5.3 of this Ordinance unless it
determines, upon petition from the applicant, that the successful implementation of a
LID Parking Area Design is not possible due to conditions listed below in Section
9.0.4.4a-e. Where the Planning Board determines that LID Parking Area Design is not
possible, applicant shall comply with those specifications for Conventional Parking Area
Design listed in Section 9.0.5.2.
a. The presence of subsurface geologic conditions such as ledge or large quantities of
poor fill;
b. Applicant does not own existing lot to be used for off-site parking allowances;
c. The presence of soil contamination; and/or
d. Existing topography or site geometry;
e. Provided there is no classification of the facility as a higher potential pollutant load
facility.
9.0.5 Landscaping
9.0.5.1 The Special Permit process outlined in Section 9.0.8 shall not apply to any of the
following landscaping requirements in Section 9.0.4.
9.0.5.2 Except for single and two family structures, all parking areas shall be screened
from abutting streets by a landscaped buffer which shall be a minimum of five (5) feet in
width which may include plantings, earthen berms or fences complimented with
plantings. Plantings shall be in accordance with Section 9.0.4.5.
9.0.5.3 At all street or driveway intersections, trees or shrubs shall be planted so that they
do not present a pedestrian or vehicular visibility hazard. No trees or shrubs shall be
planted in a way to obstruct sight lines of motorists. At intersections within parking lots,
landscaping shall be maintained as to not obscure site distances.
9.0.5.4 All landscaped areas as required by this ordinance shall be properly installed and
maintained in accordance with Section 9.5. Shrubs or trees which die shall be replaced
within one growing season.
9.0.5.5 Within parking areas which have internal parking spaces, an intermediary
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landscaped island shall be installed at regular intervals (See Diagram 9-1 and 9-2). This
interval shall not be more than every ten (10) spaces. The width of landscaped islands
shall be 9 feet. In parking areas which only include perimeter parking, no intermediary
landscaped islands shall be required (See Diagram 9-1 and 9-2). A landscape island with
a minimum of 9 feet in width at the ends of all internal parking rows shall be required
(See Diagram 9-1 and 9-2).
There shall be no parking space which directly abuts the principal or accessory building;
there shall be at least eight (8) feet of separation between all parking and buildings. This
separation may consist of landscaping or a sidewalk/walkway area (See Diagram 9-1 and
9-2).
At least four shade tree and eight shrubs per 20 parking spaces or fraction thereof shall
be provided within the landscaped islands. The Planning Board may approve alternative
configurations of landscape islands through site plan review as long as the ratio of
parking spaces and landscaping remain the same.
9.0.5.6 In cases where landscaped islands are not required, a minimum of two
ornamental shade trees and four shrubs per 10 parking spaces or fraction thereof, must be
provided and maintained along the border of the parking area. In no case shall less than
two trees and four shrubs be provided.
9.0.5.7 Plant Selection. No tree, shrub or plant shall be proposed for use within a parking
area that has been identified as an Invasive Species by the Massachusetts Plant Advisory
Group in the latest version of The Evaluation of Non-Native Plant Species for
Invasiveness in Massachusetts (with annotated list), has been identified as invasive or
banned on the Massachusetts Prohibited Plant List as periodically updated by the
Massachusetts Department of Agricultural Resources, or in any other reputable scientific
publication that may be acceptable to the Board. All size and location design elements
shall comply with the following specifications:
a. Shade or canopy trees shall be three (3) inches DBH with a height of not less than
twelve (12) feet above grade at the time of planting;
b. Ornamental, small or flowering fruit trees shall be two (2) inches DBH with a
height of not less than seven (7) feet above grade at the time of planting;
c. Shrubs shall be not less than two (2) feet in height above grade at the time of
planting;
d. Ornamental grasses shall not be considered shrubs;
e. Within the property, maintained lawn areas are encouraged over mulch or stone;
f. All landscaping within the public right of way shall be maintained lawn. Bark
mulch and stone are not allowed.
9.0.6 Landscaping Standards for Parking Lot Stormwater Management
9.0.6.1 Landscaping is required for all parking lots for new projects or for existing
businesses if the impervious footprint is expanded. Such parking lots may be designed in
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one of two ways as related to stormwater management: 1) Low Impact Development

(LID) Parking Area Design; or 2) Conventional Parking Area Design.
LID Landscaping Plans shall retain the first one (1) inch of runoff from all impervious
surfaces on site or provide the level of pollutant removal equal to or greater than the
level of pollutant removal provided through the use of biofiltration on the first one (1)
inch of runoff from all impervious surfaces on site. This standard shall be met through a
combination of practices designed to retain runoff on site where technically feasible, and
stormwater BMPs designed to treat the remainder of runoff that cannot be retained on
site due to site constraints. The level of pollutant removal from BMPs shall be calculated
consistent with EPA Region 1s BMP Performance Extrapolation Tool.
(http://www.epa.gov/region1/npdes/stormwater/)
Conventional Parking Area Design shall denote a parking lot landscape design that does
not meet the criteria for LID Parking Area Design.
Acceptable LID techniques shall include but are not limited to: vegetated swales, rain
gardens or bioretention facilities, permeable pavers, infiltration facilities and constructed
wetlands. Cisterns and grey water systems that recycle stormwater runoff may also be
included in these calculations.
9.0.6.2 Conventional Parking Area Design Standards
The landscaping requirements in this section are intended to provide a baseline set of
standards toward reducing the visual impacts of large areas of pavement, improving the
overall environment or parking areas by providing areas for shade and heat reduction,
and enhancing the overall aesthetic appeal of parking areas. The landscaping standards
in Section 9.0.5 shall apply to Conventional Parking Lot Design as defined in this
ordinance.
9.0.6.3 LID Parking Area Design Standards
The purpose of these standards is provide the Zoning Enforcement Officer or the parties
involved with Site Plan Review the opportunity to review plans for a lower impact
approach to managing stormwater in parking areas. The following information is
therefore required of an applicant choosing to treat any portion of a parking lot with LID
stormwater management techniques. This information shall be prepared by a
Massachusetts registered Professional Engineer and shall comply with the design and
implementation guidelines provided in the latest version of the Massachusetts DEP
Stormwater Management Manual. Where portions of the parking lot are not using
acceptable LID techniques, the standards for Conventional Parking Lot Design in Section
9.0.6.2 shall apply.
a. Delineation of all drainage areas inclusive of areas outside of the parking
envelope that will contribute stormwater runoff to the parking area;
b. Proposed topography at two-foot contour intervals;
c. Site Plan showing drainage pathways and locations of proposed BMPs;
d. Typical profiles of BMPs;
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e. Sizing calculations for BMPs that demonstrate adequate conveyance and/or water
quality treatment of the [first half inch of stormwater runoff from impervious
surfaces];
f. Sizing calculations for BMPs that illustrating proposed management of runoff
resulting from 2-year, 10-year, and 100-year event
g. List of plantings associated with vegetated BMPs;
h. Location of areas reserved for snow storage;
i. Location of test pits, depth to seasonal high ground water and soil percolation
rates for those areas designated for recharge;
j. Schematic diagrams of any gray water or cistern systems proposed for the
parking area;
k. An Operation and Maintenance (O&M) Plan shall be submitted by the applicant
to the Planning Board that conforms to the standards for O&M Plans detailed in the
most recent version of the Massachusetts DEP Stormwater Management Manual.
9.0.7 Space Requirements
9.0.7.1 For the uses herein set forth, motor vehicle parking accommodations shall be
provided as in Table 9-1 as follows:
9.0.7.2 In the case of mixed uses and uses with two or more different functional areas,
the total requirements for off-street parking spaces shall be the sum of the requirements
for each of the various uses.
9.0.7.3 Where parking is determined by the number of seats and continuous seating such
as pews or benches is provided, every eighteen (18) inches of bench or pew shall
represent one seat.
9.0.7.4 The Planning Board may approve a reduction in the number of improved parking
spaces with the remainder being set-aside as future parking provided that the total
number of improved and set-aside parking spaces meets or exceeds the minimum
number of parking spaces required by this Section except as provided by Section 9.0.6.5.
9.0.7.5 The number of required parking spaces may be reduced through a Special Permit
process. See Section 9.0.8.
9.0.7.6 All display areas, customer parking, and employee parking shall be clearly
marked for all uses included in Table 9-1.

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Table 9-1
Off-Street Parking Requirements
USE

MOTOR VEHICLE PARKING ACCOMMODATIONS

RESIDENTIAL USE
Single and two family dwellings

Two spaces per dwelling unit

Multi-family uses:
a. one room efficiency unit
b. units with two or more rooms

One and one-half spaces per unit

Two spaces per unit

Boarding or lodging house

One space per boarding/lodging unit

Home occupation

Two spaces plus one space per employee

Housing for the elderly (i.e. dwellings designed for and

occupied exclusively by persons 60 years of age or
older)

Two spaces per unit, except one space per unit for
subsidized housing

unit

HEALTH SERVICES
Medical and dental offices and office buildings

One space per 200 square feet of gross floor area

exclusive of basements and garages used solely for
utility and storage purposes, or 5 for each practitioner,
whichever is greater

Hospitals

One space per bed plus one space per employee of the
largest shift

Convalescent and nursing homes

One space per 4 beds, plus one space per employees on the
largest shift

Adult Day Health Facility

Two spaces plus one space per employee, plus adequate

stacking for drop off and pick up vans

COMMERCIAL & INDUSTRIAL

Retail establishment

One space per 200 square feet of gross floor area exclusive
of basements and garages used solely for utility and
storage purposes

Furniture Store

One space per 750 square feet of gross floor area exclusive
of basements and garages used solely for utility and
storage purposes.
One space per 700 square feet of gross floor area exclusive
of basements and garages used solely for utility and
storage purposes

Major Appliance Store

Convenience stores

One space per 150 square feet of gross floor area exclusive
of basements and garages used solely for utility and
storage purposes; a minimum of 4 spaces is required

Professional, business and insurance offices

One space per 300 square feet of gross floor area exclusive
of basements and garages used solely for utility and
storage purposes

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Bed and breakfast use

Two spaces plus one per rooming unit

Banks

One per 200 square feet of gross floor area plus 6 stacking
spaces for each drive-up window

Motels and hotels

One and one-quarter spaces per unit

Health club

One space per 150 square feet of gross floor area exclusive
of basements and garages used solely for utility and
storage purposes
Two spaces plus one space per employee, plus adequate
stacking for drop off and pick up vans

Child Care facility

Barber shops, nail salons, and beauty parlors

Two spaces per chair or station

Motor vehicle repair, motor vehicle body shop, detailing

shop, and service stations

1/150 square feet of gross floor area, exclusive of office

space plus 1/employee on the largest shift. Interior
vehicle parking shall not be figured into the parking
calculation.
One space per 600 square feet of gross floor area

Automotive sales
Car wash

One space for each wash stall, plus 2 additional. The wash
stall shall not be construed as a required parking
space. Additional requirement for self-service care
wash: 3 stacking spaces per wash stall

Restaurants

One space per two and one-half seats, one additional space
for each employee on largest shift

Fast food restaurant; take-out restaurant

Bars, taverns or nightclubs

One space per one and three-quarter seats; minimum of

five spaces is required
One space per 100 square feet of gross floor area

Membership clubs; lodges

One space per 50 square feet of assembly area

Drive-through business:
In addition to the parking spaces required by this section, all drive-through business operations wherein patrons
customarily stop or wait in line in motor vehicles for service shall have on premises space to accommodate any
waiting line so that such vehicles do not wait on streets and sidewalks and do not obstruct traffic flow and parking
spaces within the site. A minimum of six stacking spaces shall be provided. Through Special Permit process, the
Planning Board may require additional stacking spaces due to specific use and location.
Industrial, manufacturing, warehouse and wholesale uses
Supermarket

One space per two employees of the two largest shifts

combined and customarily employed on the premises.
One space per 200 square feet of gross floor area

Discount club, warehouse club, warehouse supermarket

One space per 200 square feet of gross floor area

Contractor yards

One space per employee on the largest shift plus one space
per 1,000 square f
per 1,000 square feet of gross floor area
One space per 300 square feet of gross floor area

Personal and consumer service establishments, including

but not limited to: laundry or dry cleaning;
photographer; repair shop for household appliances or
business equipment; photocopy shop, typically an
establishment where items are dropped off and picked
up at a later date.

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RECREATIONAL
Billiard hall

Two spaces per table

Bowling alley

Four spaces per alley

Golf course

Four spaces per hole

Golf driving range

One and one-quarter spaces per tee

Miniature golf

One and one-half spaces per hole

Shooting range

One space per target area

Tennis, handball or racquetball facilities

Three spaces per court

Indoor place of assembly with fixed seating capacity

including theaters, auditoriums, churches and arenas

One space per four seats

Indoor place of assembly without fixed seats, including

libraries, art galleries, recreation and community
centers or other places of amusement

One space per 250 square feet of floor area

EDUCATIONAL
Elementary and Middle school

One space per employee plus one space per classroom

High School

One space per employee plus one space per 10 students

Trade school

One space per employee plus one space per two students

OTHER
Any use permitted by this by-law not interpreted to be
covered by this table

Closest similar use as shall be determined by the Planning

Board

9.0.7.7 Accessible Parking Spaces

a. In accordance with the requirements of the 521 CMR Architectural Access
Board, the Table 9-2 establishes the minimum number of accessible parking spaces
in addition to the spaces required by Table 9-1 of this Section. All accessible spaces
shall comply with the 521 CMR Architectural Access Board accessibility guidelines.
b. One in every eight accessible spaces, but not less than one, shall be van
accessible and have an access aisle eight (8) feet in width.
c. Accessible spaces are required to be located with and adjacent to access aisles of
five (5) feet in width.

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Table 9-2
Accessible Parking Spaces
Total Parking Spaces in Lot

Accessible Spaces
(Required Minimum)

1 to 25
26 to 50
51 to 75
76 to 100
101 to 150
151 to 200
201 to 300
301 to 400
401 to 500
501 to 1000
1001 and over

1
2
3
4
5
6
7
8
9
2 Percent of total
20 plus one space for each 100 over 1000

9.0.8 Off-Street Loading Facilities

9.0.8.1 Adequate off-street loading/unloading space with proper access from a street
shall be provided whenever the normal operation of any development requires that foods,
merchandise or equipment be routinely delivered to or shipped from that development.
9.0.8.2 The loading/unloading area must be of sufficient size to accommodate the
number and types of vehicles that are likely service the use of the property, given the
nature of the development proposed. Off-street loading/unloading areas shall be
provided for each use as set forth below:
a. Retail, restaurant: One space for the first ten thousand (10,000) square feet of
floor area, plus one space for each additional fifteen thousand (15,000) square feet.
b. Office: One space for the first ten thousand (10,000) square feet of floor area, plus
one space for each additional forty thousand (40,000) square feet.
c. Hotel, motel, recreational facility: One space for the first ten thousand (10,000)
square feet of floor area plus one space for each additional one hundred thousand
(100,000) square feet.
d. Service and repair enterprises: One space for the first ten thousand (10,000)
square feet of floor area, plus one space for each additional thirty thousand (30,000)
square feet.
e. Warehousing, wholesale, manufacturing, and motor vehicle sales, rental and
service establishments: One space for the first five thousand (5,000) square feet of
floor area, plus one space for each additional thirty thousand (30,000) square feet.
9.0.8.3 All off-street loading/unloading areas shall be designed and constructed to
accommodate the largest vehicles likely to service the use of the property, but in no case
shall loading/unloading spaces be less than twelve (12) feet in width and twenty-five (25)
feet in length and have a minimum of fourteen feet of overhead clearance from roadway
grade.
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9.0.8.4 Loading/unloading areas shall be so located and designed so that the vehicles
intended to use them can maneuver safely and conveniently to and from a public
right-of-way and complete the loading/unloading operations without obstructing or
interfering with any public or private right-of-way or impede the circulation of vehicles
in any off-street parking or driving area.
9.0.8.5 No area allocated for loading/unloading facilities or for dumpsters or trash
facilities may be used to satisfy the area requirements for off-street parking, nor shall any
portion of any off-street parking area be used to satisfy the area requirements for
loading/unloading facilities or dumpster or trash facilities.
9.0.9 Special Permit Exception
9.0.9.1 In order to alleviate any substantial hardships resulting from Section 9.0, to
encourage cooperative development of parking areas and, in general, promote more
efficient use of land within West Springfield, the Planning Board may grant a Special
Permit to allow petitioners to waive or reduce the requirements of this Section of the
ordinance, with the exception of landscaping requirements. This Special Permit shall not
be applicable to new construction.
The Planning Board shall not grant such a permit until it has received written
recommendations from the Planning Division, Traffic Safety Officer, Fire Department,
and Town Engineer provided such recommendations are presented to the Planning Board
within fourteen days of the publication of the first legal notice for any required public
hearing. The request for a Special Permit shall be accompanied by:
a. A site plan clearly depicting parking spaces and required landscaping including
arrangement of proposed trees, shrubs, pedestrian paving and other such features.
b. A written statement including the reasons why the ordinances should be waived
or reduced which will clearly demonstrate to the Planning Board that the petitioner
cannot meet the required standards.
c. For a reduction in parking, a written statement including parking data for similar
land uses within the zoning district which will clearly demonstrate to the Planning
Board that the number of parking spaces proposed will be sufficient to meet current
and projected demand and will not impose a burden on on-street parking on adjacent
public or private ways. For on-site shared parking, a written statement including the
amount of parking required for each parcel involved which will clearly demonstrate
to the Planning Board that the number of parking spaces proposed to be shared is
adequate.
Note 1: any conditions set forth by the Planning Board as prerequisites for the
granting of a Special Permit shall run with the land and shall be contained in a
covenant, recorded in the Hampden County Registry of Deeds, between the
petitioner(s) and the Town.
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Note 2: expansion, alteration or change of use shall not be allowed for any structure
served by parking facilities for which a Special Permit has been granted under this
paragraph unless the owners and/or operators of such structure obtain a new Special
Permit dealing with any changed parking needs resulting from such expansion,
alteration or change of use.
9.0.9.2 Contained within the application for Special Permit, the Planning Board may
require a formal parking study prepared by an engineer registered in the Commonwealth
of Massachusetts that will include the following:
a.
Size and type of existing uses on site;
b.
Size and type of proposed uses on site;
c.
Rate of parking turnover;
d.
Peak traffic and parking loads to be encountered;
e.
Availability of public transit, bicycle infrastructure, and pedestrian
infrastructure;
f.
Professional recommendations
g.
Other factors identified by the Planning Board
Through the Special Permit process the Planning Board may grant any of the following:
a. reduce the number of required parking spaces by no more than 25% of the
required spaces where the property is located within a quarter mile of a bus stop ;
b.
allow for, in accordance with the Traffic Rules and Orders, the use of 100%
of on-street parking located along a parcels boundaries where parking is allowed on
both sides of the street and 50% of on street parking along a parcels boundaries
where parking is allowed on one side of the street. The applicant must:
1. Pay for the marking of the on-street parking lines per Town Standards;
2. Obtain a permit from the DPW before working in the public way; and
3. Receive a final inspection of the marking by the DPW.
c. allow for on-site shared parking between building uses and abutting properties
where applicants may propose a reduction in parking requirements based on an
analysis of peak demands. Up to 75% of the requirements for the predominant use
may be waived by the Planning Board if the applicant can demonstrate that the peak
demands for two uses do not overlap. An applicant shall provide the latest peak
demand analyses published by the Institute of Traffic Engineers (ITE) or other source
acceptable to the Planning Board.
d. Waive any of the requirements of Section 9.0.
9.0.9.3 In making its decision, the Planning Board must make written findings on the
following mandatory standards requiring that the proposed deviation will:
a. Be in harmony with the purpose and intent of the parking ordinance;
Page 167 of 235

b.Provide adequate off-street parking to serve the use(s) for which it is intended;
c. Will not create, or add to, an unsafe traffic situation; and
d.Allow for the proposed parking layout and landscaping to be in conformity with all
applicable Zoning Ordinance requirements.

Page 168 of 235

10.0

SIGNS

10.0.1 Purpose
The purpose of the sign regulations as set forth in this section shall be the following:
a. to protect public and private investments in buildings and open spaces;
b. to encourage signs which, by their location and design, are harmonious to the buildings
and sites which they occupy, and which eliminate excessive and confusing sign display;
c. to promote more effective visual identification of commercial, industrial and other
activities within the Town;
d. to maintain and enhance the Towns ability to attract sources of economic development
and growth;
e. to eliminate potential hazards to motorists and pedestrians; and
f. to promote the public health, safety, and general welfare.
g. to regulate on-premise signs in a legal and reasonable manner
h. to ensure compliance with constitutionally protected First Amendment rights.
10.0.2 Applicability
10.0.2.1 The provisions of this Section shall apply to the construction, erection,
alteration, use, location, and maintenance of all on-premise signs located out-of-doors, to
those signs affixed on any part of a building or free-standing for the express purpose of
being visible from the exterior of the building.
10.0.2.2 No sign larger than one square foot related to a residential and/or commercial
use shall be erected, altered, displayed, relocated, enlarged or created without first
obtaining a permit from the Building Inspector. At minimum, all applications shall
include a scale drawing specifying dimensions, illumination, materials and location on
land or buildings.
10.0.3

Definitions

1. Area of Sign
a. The area of a sign shall be considered to include all lettering, wording, and
accompanying designs and symbols, together with the background on which they are
displayed, any frame around the sign and any cutouts or extensions, but shall not
include any supporting structure or bracing.
Page 169 of 235

b. The area of a sign consisting of individual letters or symbols attached to or painted

on a surface, building, wall or window, shall be considered to be that of the smallest
quadrangle or triangle which encompasses all of the letters and symbols.
c. The area of a sign consisting of a three-dimensional object shall be considered to
be the area of the largest vertical cross-section of that object.
d. In computing the area of back-to-back signs, only one side of such signs shall be
included.
2. Banner. Any sign made of fabric or other non-rigid material with no enclosing
framework, that is mounted to a pole or building at one or more edges.
3. Building sign. Any sign attached to any part of a building, as contrasted to a
freestanding sign.
4. Business sign. A sign used to direct attention to a service, product sold, or other
activity performed on the same premises upon which the sign is located.
5. Canopy Sign. Any sign that is a part of or attached to an awning, canopy, or other
fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor
service area. A marquee is not a canopy.
6. Changeable Copy Sign, Electronic (ECCS). A sign or portion thereof that displays
electronic, non-pictorial information in which each alphanumeric character is defined by
a small number of matrix illumination elements (white and/or colored) including but not
limited to different combinations of light emitting diodes (LEDs), liquid crystal display
(LCD), plasma display, fiber optics, light bulbs or other digital or electronic illumination
devices within the display area. Electronic changeable copy signs include computer
programmable, microprocessor or controlled electronic displays. Electronic changeable
copy signs include projected images or messages with these characteristics onto
buildings or other objects. Also know as electronic message centers.
7. Changeable Copy Sign, Manual (MCCS). A sign or portion thereof which displays
information in which each alphanumeric character, graphic or symbol may be changed or
re-arranged manually or mechanically with characters, letters, or illustrations without
altering the face or the surface of the sign. Said characters, letters, or illustrations shall
not consist of individually illuminated devices.
8. Commercial message. Any sign wording, logo, or other representation that, directly
or indirectly, names, advertises, or calls attention to a business, product, service, or other
commercial activity. The erection of more than two flags on property used for a
commercial purpose shall be considered a commercial message.

Page 170 of 235

9. Construction sign. A temporary sign of an architect, engineer, or contractor, erected

during the period such person is performing work on the premises on which such sign is
erected.
10. Development sign. A sign used to direct attention to a site which includes a lot or
lots considered as a unit for development purposes where the lot or lots is occupied by
more than one use whether in the same structure or not.
11. Directional sign. An off-premises sign which indicates the direction or distance to a
geographic area, but does not identify or advertise any particular commercial or noncommercial enterprise or group of commercial or non-commercial enterprises.
12. For sale, rent or lease sign. A temporary sign advertising real property for sale, rent
or lease.
13. Front Facing Faade (FFF) for single tenant buildings. A measurement of the front
facing vertical plane of a building on which the business has its main entrance. This
measurement does not include any roof structures.
14. Front Facing Faade (FFF) for multi-tenant buildings. The measurement of the front
facing vertical plane of a building based upon the store-front of the individual
businesses. This measurement does not include any roof structures.
15. Free-standing sign. A self-supporting sign not attached to any building, wall, or
fence, but in a fixed location. This does not include portable or trailer type signs.
16. Incidental sign. A sign, generally informational, that has a purpose secondary to the
use of the lot on which it is located, such as no parking, entrance, loading only,
telephone, and other similar directives. No sign with a commercial message legible
from a position off the lot on which the sign is located shall be considered incidental.
17. Identification sign. A sign used simply to identify the name, address and title of an
individual family or firm occupying the premises on which the sign is located.
18. Lot. For the purposes of this, Section, lot shall refer to a site which includes a single
lot or multiple lots which are utilized as a single unit. A lot may contain more than one
building or business.
19. Marquee. Any permanent, roof-like structure projecting beyond a building or
extending along and projecting beyond the wall of the building, generally designed and
constructed to provide protection from the weather.
20. Marquee sign. Any sign attached to, in any manner, or made part of a marquee.
21. Non-conforming sign. Any sign that does not conform to the requirements of this
Bylaw.
Page 171 of 235

22. Off-premise sign. Any sign that advertises or indicates someone other than the
person occupying the premises on which the sign is erected or maintained, or some
business or businesses other than that transacted thereon, or advertises another property
or any part thereof as for sale or rent.
23. On-premise sign. Any sign that advertises or indicates the occupant of the premises
on which the sign is erected or maintained.
24. Ordinary/Customary Maintenance. Any maintenance which does not prolong the
useful life of the sign. Ordinary/customary maintenance includes, but is not limited to,
changing the message on the sign, painting fixtures and routine electrical repairs. Safety
improvements may be allowed with the prior approval of the Building Commissioner.
25. Political sign. A non-commercial sign erected to show support for a candidate for
public office or to express a political opinion.
26. Projecting sign. A sign which is affixed to a building or other structure and which
extends more than six (6) inches beyond the surface to which it is affixed.
27. Portable sign. Any sign not permanently attached to the ground or other permanent
structure, or a sign designed to be transported, including, but not limited to, signs
designed to be transported by means of wheels; sign converted to A- or T- frames, menu
and sandwich board signs; balloons used as signs; umbrellas used for advertising; and
signs attached to or painted on vehicles parked and visible from the public right-of-way,
unless said vehicle is used in the normal day-to-day operations of a business.
28. Roof sign. A sign which is located above, or projected above, the lowest point of the
eaves or the top of the parapet wall of any building, or which is painted on or fastened to
a roof.
29. Sign. Any display of lettering, flags, logos, colors, lights, or illuminated neon tubes,
whether fixed or movable, visible to the public from outside of a building or from a
traveled way, which either conveys a message to the public, or intends to advertise,
direct, invite, announce, or draw attention to, directly or indirectly, a use conducted,
goods, products, services or facilities available, either on the lot or on any other
premises, including both the supporting structure, fixtures, and informative contents
thereof, but excluding window display of goods and merchandise.
30. Special event sign. A temporary sign used in connection with a circumstance,
situation, or event (i.e. church bazaar, grand opening, fair, circus, festival, performance,
or competition) that is intended to be maintained for a continuous period of not more
than twenty-one (21) days in any calendar year.
31. Temporary sign. Any sign, including its support structure, intended to be maintained
for a continuous period of not more than thirty (30) days in any calendar year.

Page 172 of 235

32. Wall sign. Any sign which is painted on, incorporated into, or affixed parallel to the
wall of a building, and which extends not more than six (6) inches from the surface of
that building.
33. Window sign. Any sign, pictures, symbol, or combination thereof, Affixed to the
inside of the window or within three feet (3) of the window or door, the purpose of
which is to be viewed or be visible from the outside. A window sign does not include
any item of merchandise normally displayed within a merchants window.
10.0.4 General Regulations
a. Permitted Signs
Only signs which refer to a permitted use or an approved conditional use as set forth in
the West Springfield Zoning Bylaw are permitted, provided such signs conform to the
provisions of this Section.
b. Prohibited Signs
1. Off-premises signs are not permitted, except in Business A (BA) and Business B
(BB) district.
2.Signs which project above the peak of a roof are not permitted.
3. Portable signs are not permitted.
4. Flashing signs, signs containing moving parts, inflatable signs, tethered balloon
signs, and signs containing reflective elements which sparkle in the sunlight are not
permitted. Notwithstanding any other provisions related to non-conforming signs
within this ordinance, any free-standing sign in existence as of December 1, 2008
containing a flashing element shall be allowed to remain in existence in its current
geometric dimensions and illumination.
5.With the exception of off-premise signs, any sign advertising or identifying a
business or organization which is either defunct or no longer located on the premises is
not permitted.
6. Signs painted directly to the wall of a building are prohibited.
7. No private sign shall be placed on a public property.
c. Exempted signs
1. Any traffic, informational or directional sign owned and installed by a
governmental agency shall be permitted.
2. Signs necessary to warn of a hazard shall be permitted as required to accomplish
these purposes.
Page 173 of 235

3. Signs relating to trespassing and hunting not exceeding two (2) square feet in area
shall be permitted. One sign per fifty (50) feet of frontage is allowed.
4. Any sign required by law or by governmental order, rule or regulations.
5. Memorial plaques, cornerstones, historical tablets and the like.
6. Numbers used to identify the street address of a building or structure.
7. Signs identifying the occupants of a dwelling, provided that such signs do not
exceed one square foot in area and if free standing, do not exceed six feet in height.
8. Signs not visible off the premises on which they are located.
10.0.5 General Standards For All Signs
Any exterior sign or advertising device hereafter erected or maintained, must, unless
expressly provided, conform to the following restrictions in all districts:
a. Lettering of signs shall be carefully formed and properly spaced, to be neat and
uncluttered. Generally, no more than 60% of the total sign area shall be occupied by
lettering.
b. Sign materials should be durable and easy to maintain. Signs maybe constructed of wood,
metal, slate, marble, glass, canvas, stained glass, plastic, steel, aluminum, or encased in a
wooden frame.
c. With the exception of canopy and marquee signs, no sign shall project over or into any
pedestrian or vehicular way customarily used by the public.
d. Signs must not dominate building facades or obscure any architectural details, (including
but not limited to arches, sills, moldings, and cornices).
e. No sign, together with any supporting framework, shall extend to a height above the
maximum building height in the underlying zoning district.
f. A sign or its illuminator shall not, by reason of its location, shape, or color, interfere with
traffic or be confused with or obstruct the view or effectiveness of any official traffic sign,
traffic signal or traffic marking.
g. All signs shall comply with the regulations for the erection and construction of signs
contained in other applicable town regulations, except as shall be under the jurisdiction of
Massachusetts General Laws, Chapter 93, Section 29 through 33, inclusive, and Chapter
93C.
h. Only sign types in Table 9-3 (Types of Permitted Signs) shall be permitted.
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i. No sign permit shall be issued for an additional sign or to allow for a structural change to
an existing sign on a lot or structure upon which exists a pre-existing non-conforming sign
unless the non-conforming nature of the pre-existing sign is brought into conformity with the
Ordinance. These signs may not be altered in any way other than ordinary/customary
maintenance. If any non-conforming/grandfathered sign is modified in any way or removed,
it shall lose its non-conforming/grandfathered status.

Page 175 of 235

Table 9-3 Types of Permitted Signs

Residential
SIGN
TYPE

Business

A, A-1, A-2,
B, C,D

Neighborhood
A-1, B-1

A, B

Canopy
Free-standing

N
Y

Y
Y

Permanent
Y
Y

Free-standing w/ECC
(See Note C)
Marquee
Off-premise (See Note D)
Roof

N
N

N
N

Y
N

Y
N

Wall
Banner
Portable
Y = Permitted

N = Prohibited

Industrial
Central
Business
District

Other

I, IP, IPL

PUD

MF,MH

REC

Y
Y

SP
SP

Y
Y

Y
Y

Y
N:
See Note A
N

N
N
A:N
B:SP

Y
N
N:
See Note B

N
N

N
N

N
N

N
N

SP

Y
Temporary
Y
N

Y
N

Y
N

Y
N

Y
N

Y
N

ECC = Electronic Changeable Copy

Note A: Free-standing signs for off-site parking areas and off-street parking area such parking areas may be provided with free-standing signs at the rate of one sign for
each point of access to such area. Such signs shall be used for the sole purpose of identifying the businesses served by such parking area, posting various
parking rates and regulations and indicating hours of operation. All other free standing signs shall be prohibited.
Barber poles, both fixed and rotating are permitted within the Central Business District.
Note B: Signs mounted on so-called mansard roofs are permitted as wall signs provided the tops of such signs do not extend above the top of such mansard roof.
Note C: As a component of an overall sign area, the square footage of Electronic Changeable Copy component shall be 75% of the allowable sign area.
Note D: Off-premise signs currently in existence as the date of this Ordinance are grandfathered. Any ordinary/customary maintenance, as defined in this Section, shall be
allowed.

Page 176 of 235

10.0.6 Illumination Standards

10.0.6.1 No sign shall incorporate, or be lighted by flashing or blinking lights, or be
designed to attract attention by a change in intensity or by repeated motion.
10.0.6.2

The light source shall be shaded from view off the premises.

10.0.6.3 No signs shall be illuminated between the hours of eleven (11) p.m. and six
(6) a.m. unless the premises on which it is located is open for business.
10.0.6.4 No sign which is located within two hundred feet of a traffic signal shall be
illuminated in a red, yellow or green color.
10.0.7 Sign Location and Size
All signs must conform to the sign standards in Table 9-4A and 9-4B.
10.0.8 Standards for Specific Types of Signs
In addition to conforming with the sign standards of Tables 9-4A, 9-4B (Permitted Sign
Uses) signs must comply with the following applicable standards:
10.0.8.1 Wall Signs
a.Wall signs shall be firmly anchored to the wall of the principal structure and shall
not extend above the wall of the structure.
b.Signs on adjacent storefronts and on multi-tenant buildings shall be coordinated in
terms of lighting, style, mounting, and height.
c.Wall signs greater than 100 square feet in size shall be designed and constructed
with channel letters.
10.0.8.2 Free-standing signs
a. No free-standing sign may be placed in a side yard or a rear yard as required for
the particular district in which it is located.
b.No free-standing sign shall be placed so as to interfere with vehicular or pedestrian
traffic.
10.0.8.3 Canopy Sign
a.Canopy signs must be painted on or attached flat against the surface of the canopy,
but not extend beyond the valance.

Page 177 of 235

b. A minimum of eight (8) feet above sidewalk level must be allowed for pedestrian
clearance.
c. A canopy sign may be substituted for the allowable square footage of a wall sign.
d. The area of a non-illuminated canopy sign shall be calculated upon the smallest
quadrangle or triangle which encompasses all of the letters and symbols. The area of
an illuminated canopy sign shall be calculated upon the area of the entire illuminated
canopy.
10.0.8.4 Construction Signs
One temporary sign of an architect, engineer, or contractor erected during the period
such person is performing work on the premises on which such sign is erected shall
be permitted.
10.0.8.5 For Sale, Rent, or Lease Signs
Any temporary sign advertising property for sale or lease shall be permitted provided:
a.Such signs shall advertise only the property on which the sign is located. Portable
off-premise signs directing traffic shall be allowed.
b.The sign shall be removed by the owner or agent within thirty (30) days of rent,
sale, or lease.
10.0.8.6 Signs Related to Non-Commercial Messages and Political Candidates.
Non-commercial messages are permitted in all zoning districts.
10.0.8.7 Special Event Sign
a.Such signs shall be attached to the wall of the principal structure.
b.Such signs may be erected no sooner than fourteen (14) days before the event and
must be removed not later than six (6) days after the event.
c.Special Event signs shall not be displayed for more than twenty-one (21)
consecutive days.
10.0.8.8 Off-Premise Signs
a.All off-premise signs shall be required to obtain a permit from the Outdoor
Advertising Board as outlined in 700 CMR 3.00 et seq.

Page 178 of 235

b. An off-premise sign which advertises multiple businesses, products, or the like

shall be designed in an integrated and uniform manner.
c. No off-premise sign shall be located within 1000 feet of any other off-premise sign
or within 250 feet of another sign.
10.0.8.9 Window Signs
Window signs shall not exceed more than thirty percent (30%) of the window area in
which they are displayed.
10.0.8.10 Electronic Signs
a. No electronic sign permit shall be issued for a property upon which exists a preexisting non-conforming sign unless the non-conforming nature of the pre-existing sign
is brought into conformity with this Ordinance.
b. Permitted Locations. Electronic Changeable Copy Signs are permitted only in
accordance Table 9-3.
c. Dimensions. The area of each Electronic Changeable Copy Sign as a component or
element of a specific sign type, shall be restricted to the percentage of the specific sign
type in which it is a component as per Table 9-3. Where applicable the percentage area
listed in Table 9-3 shall apply per sign face (each sign may have two faces).
d. Permitted signs containing Electronic Changeable Copy Signs components may be
internally or externally illuminated.
e. Setbacks. Ten (10) feet from the property line or half the distance from the property
line if less than ten (10) feet.
f. Brightness. The brightness of an Electronic Changeable Copy sign shall not exceed 0.3
foot candles above ambient light conditions. The ambient light reading shall be taken at
least thirty (30) minutes past sunset with the sign turned off or displaying all black copy.
The fully lit reading shall be taken with the sign displaying all white copy. Measurement
of the light levels shall be taken perpendicular to the face of the sign at a distance of one
hundred (100) feet from the source.
g. Dimmer Control. Sign shall have at least one photo sensor and automatic dimmer
control to produce a distinct illumination change from a higher illumination level to a
lower level for the time period between one half-hour before sunset and one half-hour
after sunrise. Each photo sensor shall:
1. Be designed to continually operate in direct sunlight;
2. Be situated to measure ambient light;
3. Be contained in a waterproof enclosure with shall allow easy access to the
photo sensors;
Page 179 of 235

4. Allow light sensing; and

5. Be capable of dimming all pixels of the sign collectively to compensate for
surrounding ambient light levels.
h. Illumination. Signs shall be allowed to be illuminated seven days a week between the
hours of 6:00 AM and 11:00 PM unless the premises on which it is located is open for
business. A sign or its illumination shall not, by reason of its location, shape, or color,
interfere with traffic or be confused with or obstruct the line-of site or effectiveness of
any official traffic sign, traffic signal or traffic marking.
i. Pixel Pitch. The pitch of the LED portion of the sign shall be a minimum of 36
millimeters.
j. Duration. Each static display shall last at least ten seconds to avoid quick and frenetic
changes of content that can be distracting and compromise public safety.
k. Transition. The display transition must be accomplished by means of instantaneous repixalization and shall not use fading, shading, dissolving, or similar effects as part of the
change.
l. Message Sequencing. The images and messages displayed shall be complete in
themselves without continuation in content to the next image or message.
m. Malfunction Mechanism. Signs shall contain a default design that will shut the sign
off if a malfunction occurs.
n. Colors. No more than x colors including the background as one color shall be
displayed during each static display.
o. Electronic Changeable Copy signs shall not:
1. Incorporate video, animation, or scrolling of text or images;
2. Emit any sound nor utilize pyrotechnics;
3. Cause beams or rays of light to be directed at any portion of the traveled way,
when such beams or rays are of such intensity or brilliance as to cause glare or to
impair the vision of the driver of any motor vehicle or otherwise interfere with the
operation of a motor vehicle;
4. Obscure or interfere with the effectiveness of an official traffic sign, device or
signal. Signs located within two hundred (200) feet of a traffic signal shall not be
illuminated in a solid red, solid yellow, or solid green color.
5. Obscure or otherwise interfere with a motor vehicle operators view of
approaching, merging, or intersecting traffic;
6. Changing images shall not rotate, sparkle, blink, or fluctuate in light intensity
or use intermittent strobing or moving light, or in any manner to create the illusion
of movement.
Page 180 of 235

10.0.8.11 Gas Station Canopy Sign

a. The sign area shall be limited to 10% of each face of the canopy on which it is
displayed, limited to two faces, not greater than 25 square feet.
b. The area of the sign shall be calculated in accordance with Section 9.23a of the
Zoning Ordinance which shall include all background material, emblems, logos, or
decorative elements.
10.0.8.12 Signs Which Do Not Require a Sign Permit
a. Government Signs
Signs, including portable signs, erected and maintained by the Town of West
Springfield, the Commonwealth of Massachusetts or the Federal Government on any
land, building, or structure in use by such government entity at any location required
for public or environmental health, safety or notification purposes, or announcing the
date, time, and place of elections or other events.

Page 181 of 235

Table 9-4A
Permitted Sign Uses
RESIDENTIAL AND BUSINESS ZONING DISTRICTS
Sign Type
Wall Sign,
Number
Max. Size

Free-standing
Sign
Number per
Lot
Max. Size

Max. Height
Setback
Canopy Sign
Max.
extension
into space
above public
sidewalk
Marquee Sign
Max. Size
Max.
extension
into space
above public
sidewalk

All
Residential

NB

BA

BA-1

BB

BB-1

CBD

1 per lot

1 per lot
8 sq. ft.
accessory
use
or home
occupational
use

1(1) per
bus.
10% of
FFF(3)

1(1) per
bus.
10% of
FFF(3)

1(1) per
bus.
10% of
FFF(3)

1(2)

8 sq. ft.
for allowed
accessory use or
home
occupational use

1(1) per
bus.
10% of
FFF(3)

16 sq. ft.
for allowed
principal nonresidential use

16 sq. ft.
for allowed
principal
nonresidential
use

(secondary: 5% of FFF)

1(6)

1(6)

1(6)

8 sq. ft.
for allowed
accessory use or
home
occupational use

8 sq. ft.
for allowed
accessory
use or home
occupational
use

50 sq. ft.

16 sq. ft.

50 sq. ft.

50 sq. ft.

16 sq. ft.
for allowed
principal nonresidential use(6)

16 sq. ft.
for allowed
principal
nonresidential
use

6 ft.

6 ft.

5 ft.

N
N

N
N

N
N

N
N

N
N

N
N

16 sq. ft.
8 sq. ft.

25 feet above ground elevation or principal

(7)
building height, whichever is less
10 or at least one-half the distance between the front lot line and the principal building,
whichever is less

Page 182 of 235

Table 9-4A
Permitted Sign Uses
RESIDENTIAL AND BUSINESS ZONING DISTRICTS
All
Residential

NB

BA

BA-1

BB

BB-1

CBD

50 sq. ft.
15 ft.

50 sq. ft.
15 ft.

For Sale,
Rent or Lease
Sign
Number
Max. Size

1
8 sq. ft.

1
8 sq. ft.

1
30 sq. ft.

1
30 sq. ft.

1
30 sq. ft.

1
30 sq. ft.

1
8 sq. ft.

Construction
Sign
Max. Size

4 sq. ft.

4 sq. ft.

4 sq. ft.

4 sq. ft.

4 sq. ft.

4 sq. ft.

4 sq. ft.

8 sq. ft.

8 sq. ft.

8 sq. ft.

8 sq. ft.

8 sq. ft.

8 sq. ft.

8 sq. ft.

20 sq. ft.

20 sq. ft.

20 sq. ft.

20 sq. ft.

20 sq. ft.

20 sq. ft.

20 sq. ft.

Sign Type
Off-premise
Sign
Max. Size
Max. Height

NonCommercial
Sign
Number per
Lot
Max. Size
Special Event
Sign
Number per
business per
calendar
year
Max. Size

Page 183 of 235

Table 9-4B
Permitted Sign Uses
INDUSTRIAL AND OTHER ZONING DISTRICTS
Sign Type
Wall Sign,
Number
Max. Size

All Industrial

PUD

1 per bus.
10% of FFSF

1 per bus.
10% of FFSF
secondary wall
sign: 5% of FFSF

Free Standing Sign

Number per Lot
Max. Size
Max. Height

Setback

Off-Premise Sign
Max. Size
Max. Height

1(6)
50 sq. ft.
25 or height of
principal structure
whichever is less

MH, MF

1
8 sq. ft.
for allowed
accessory use or
home occupational
use
(secondary: 5% of FFF)

1 by SP (5)
75 sq. ft by SP

1(6)
50 sq. ft.

25 height of principal structure,

whichever is less

REC
1 per bus.
10% of FFSF
secondary wall
sign: 5% of FFSF

1
50 sq ft
-

10 or at least one-half the distance between the front lot line and the principal
building, whichever is less

For Sale, Rent or

Lease Sign
Number
Max. Size

1
30 sq. ft.

1
30 sq. ft.

1
30 sq. ft.

1
30 sq. ft.

Construction Sign
Max. Size

4 sq. ft.

4 sq. ft.

4 sq. ft.

4 sq. ft.

Non-Commercial
Sign
Number per Lot
Max. Size

1
8 sq. ft.

1
8 sq. ft.

1
8 sq. ft.

1
8 sq. ft.

20 sq. ft.

20 sq. ft.

20 sq. ft.

20 sq. ft.

Special Event Sign

Number per
business per
calendar year
Max. Size

Page 184 of 235

NOTES TO TABLES 9-4A AND 9-4B

N = Prohibited
Note 1: One secondary wall sign is permitted in addition to the primary wall sign for a business in a one-tenant
building and for each business occupying 35,000 sq. ft. or more of floor area in a multi-tenant building.
Note 2: One additional wall sign per establishment may be provided for each additional street on which said parcel
has frontage.
Note 3: The allowable sign area for a principal wall sign shall be computed at 10% of the building front face
faade (FFF), as computed by the length times the height of the building facade along the wall on which the
business has its main entrance. For multi-tenant buildings, the FFF shall be based upon the store-front of the
individual business. If any sign has an area greater than one hundred (100) square feet, the sign shall consist of
channel letters. In no case shall the area for any sign be greater than three hundred (300) square feet.
Note 4: Lots with over three hundred (300) feet of continuous frontage on a public way shall be allowed one
additional free-standing sign.
Note 5: One free-standing sign per primary entrance shall be allowed which indicates the name of the general
development. Names of individual businesses or goods are prohibited.
Note 6: Free-standing signs within the Residential C District located along the westerly side of Elm Street only:
16 sq. ft. for allowed principal non-residential single tenanted use. 10 sq. ft. per tenant up to a 50 sq. ft. maximum
for allowed principal non-residential multiple tenanted uses. Proof of tenant agreements required

9 - 185
West Springfield Zoning Ordinance November 2011

10.0.9 Enforcement
10.0.9.1 Designation of Sign Officer
The Building Inspector (or any other qualified person) shall be appointed by the
Mayor as the Sign Officer. The Sign Officer is authorized to order the repair or
removal of any sign and supporting structure which is erected or maintained contrary
to this bylaw. Whenever a Sign Officer is designated, the Mayor should notify the
State Outdoor Advertising Board.
10.0.9.2 The Building Inspector or the Sign Officer shall inspect any sign installed in
accordance with Section 9.3 of this Ordinance within 30 days of installation to confirm
the signs compliance with this Ordinance.
10.0.9.3 Maintenance and Removal
Every sign shall be maintained in good structural condition at all times. All signs
shall be kept neatly painted, including all metal parts and supports thereof that are not
galvanized or of rust resistance material. The Building Inspector or the Sign Officer
shall inspect and shall have the authority to order the painting, repair, alteration or
removal of a sign which shall constitute a hazard to safety, health, or public welfare
by reason of inadequate maintenance, dilapidation, or obsolescence.
10.0.10 Abandoned Signs
Except as otherwise provided in this Section, any sign that is located on property
which becomes vacant and is unoccupied for a period of twelve months or more shall
be deemed to have been abandoned. An abandoned sign is prohibited and shall be
removed, including the poles for free-standing signs and boxes from wall signs, by the
owner of the sign or owner of the premises.
10.0.11 Non-Conforming Signs
10.0.11.1 Continuance
A non-conforming sign lawfully existing at the time of adoption or subsequent
amendment of this Bylaw may continue, although such sign does not conform to the
provisions of this Bylaw.
10.0.11.2 Alterations
No alterations shall be made to a non-conforming sign unless the non-conforming
nature of the sign is brought into conformity with this Bylaw.

Page 186 of 235

10.0.11.3 Replacement
Any sign replacing a non-conforming sign shall conform with the provision of this
Section, and the non-conforming sign shall no longer be displayed.
10.0.11.4 Abandonment
If a non-conforming sign associated with a permitted use or structure has been
abandoned for not less than three months (i.e., the structure has not been occupied for
three months) then the non-conforming sign shall be removed and its non-conformity
shall not continue.

Page 187 of 235

ZONING ORDINANCE - AMENDMENTS THROUGH TOWN COUNCIL 2016

-------------Amend the Zoning Ordinance by deleting Section 9.0 Off-Street Parking and Loading and
replacing it in its entirely; Planning Board hearing 9/2/2015; Planning Board recommended 3 in
favor, 1 abstained. Town Council approval 12/21/15, 9 in favor 0 opposed.
-------------Amend the Zoning Ordinance by adding Section 10.94 Commercial Ground-Mounted Solar
Photovoltaic Installations; Planning Board hearing 9/2/15; Planning Board recommended 5 in
favor; 0 opposed. Town Council approval 9/14/15, 7 in favor 0 opposed.
-------------Amend the Zoning Ordinance Section 5.41 by inserting bail bond establishments, check cashing
business, electronic gaming establishments, cyber caf, gambling internet caf establishments as
defined by 7.92, pawn shop, cash-for-gold stores and payday or title loan agency as prohibited
uses throughout the entire town. Planning Board public heating 3/18/15; Planning Board
recommended 5 in favor 0 opposed. Town Council approval 7/20/15, 7 in favor 0 opposed.
-------------Amend the Zoning Ordinance Table 5-3 and Section 10.31 to allow medical/dental offices,
centers, clinics, or laboratories in the Industrial Park Zoning District. Withdrawn by applicant
2/4/15.
-------------Amend the Zoning Map at 917 Elm Street from RA-2 and BA to RC. Withdrawn by applicant
3/3/2015.
-------------Amend the Zoning Ordinance Table 9-1, off street parking requirements to allow a change in the
use category to include Nail Salons under personal and consumer establishments. Planning Board
public hearing 7/2/14, 8/6/14, 10/15/14; Planning Board recommended 0 in favor 4 opposed.
Town Council did not approve 12/21/15.
-------------Amend the Zoning Map for 302 Piper Road and adjacent parcels from RA-2 to ARH. Planning
Board public hearing 9/3/14; Planning Board recommended 3 in favor 1 opposed. Town Council
12/1/14, 8 in favor 1 opposed.
-------------Page 188 of 235

Amend the Zoning Ordinance to regulate Registered Medical Marijuana Dispensaries. Planning
Board public hearing 6/18/14; Planning Board recommended 3 in favor 0 opposed. Town
Council public hearing 9/16/14; Town Council approved 7 in favor 1 opposed.
-------------Amend the Zoning Ordinance to add Section 7.9- Memorial Corridor Overlay District. Planning
Board public hearing 4/2/14; Planning Board recommended 3 in favor, 1 opposed. Town Council
approved 7/7/14.
-------------Amend the Zoning Map for 128 Quarry Road from RA to RA-1. Planning Board public hearing
3/19/14; Planning Board recommended 4 in favor 0 opposed. Town Council approved 4/22/14, 8
in favor 0 opposed.
-------------Amend the Zoning Ordinance Section II and Section VIII to create a moratorium on Medical
Marijuana Treatment Centers. Planning Board public hearing 9/4/13; Planning Board
recommended 5 in favor 0 opposed. Town Council approved 10/7/13 9 in favor 0 opposed.
-------------Amend the Zoning Ordinance to add to Section II Definitions, Section 3.41 Flood Hazard
Overlay District Maps, and Section 7.3-7.4 Development within Flood Hazard Overlay Districts
through deletion and replacement of Ordinance language. Planning Board public hearing 6/13/13;
Planning Board recommended 3 in favor 0 opposed. Town Council approved 6/17/13, 8 in favor
0 opposed.
-------------Amend the Zoning Ordinance to Table 9-4A Free Standing Signs in the RC District. Planning
Board public hearing 9/4/13; Planning Board recommended 5 in favor 0 opposed. Town Council
approved 10/21/13, 8 in favor 0 opposed.
-------------Amend the Zoning Map for 1275 Elm Street from RC to BA. Planning Board public hearing
6/5/13; Planning Board recommended 0 in favor 3 opposed. Withdrawn by applicant 6/17/13.
-------------Amend the Zoning Map for 1497 Riverdale Street from BA to BB. Planning Board public
hearing 6/5/13; Planning Board recommended 3 in favor, 0 opposed. Town Council approved
6/17/13, 8 in favor 0 opposed.
Page 189 of 235

-------------Amend the Zoning Map on 1399-1425 Westfield Street from NB to BA. Planning Board public
hearing 4/04/12; Planning Board approved 4 in favor 1 opposed; forwarded to Town Council.
Town Council approved 5/07/12, vetoed by Mayor Gregory Neffinger 5/09/12, Overridden by
Town Council 05/21/12.
-------------Amend the Zoning Ordinance Section 15-7 to establish 5 person Zoning Board of Appeals.
Planning Board public hearing 4/04/12; Planning Board approved 4 in favor 1 opposed;
forwarded to Town Council. Town Council did not approve 5/07/12
------------Amend the Zoning Map on 32 South Boulevard from RB to BA. Planning Board public hearing
8/15/12; Continued to 9/18/12; Applicant withdrew proposal 9/18/12.
-------------Amend the Zoning Map on the westerly side of Union Street from Industrial to BB. Planning
Board public hearing 12/21/11; Planning Board approved 4 in favor 0 opposed, Planning Board
withdrew request 7/10/12.
-------------Amend the Zoning Map on 975 and 997 Elm Street from BA and RA-2 to RC. Planning Board
public hearing 12/21/11; Planning Board approved 4 in favor 0 opposed; forwarded to Town
Council. Town Council approved 2/21/12.
--------------Amend the Zoning Ordinance in regards to Fire Districts, River Protection, Heliports,
nonconforming structures, multi-family dwellings, and Town Council permitting authority.
Planning Board public hearing 7/06/11; Planning Board approved 7/06/11 4 in favor 0 opposed;
forwarded to Town Council. Town Council approved 9/20/11.
--------------Amend the Zoning Ordinance regarding Nonconforming vacant single family lots. Planning
Board public hearing 7/06/11; Planning Board approved 4 in favor 0 opposed; forwarded to
Town Council. Town Council approved 10/03/11.
--------------Amend the Zoning Ordinance to create a Special Permit process for operation of home based
trades. Planning Board public hearing 10/05/11; Planning Board did not approve 0 in favor 5
opposed. Town Council did not approve 11/21/11.
-------------Amend the Zoning Ordinance Section 2.1. Planning Board public hearing 2/02/11; Planning
Board approved 5 in favor 0 opposed; forwarded to Town Council. Town Council did not
approve 4 in favor 5 opposed 5/02/11. FAILED
-------------Page 190 of 235

Amend the Zoning Ordinance Section 4 with updated language and standards. Planning Board
public hearing 7/21/10; Planning Board approved 3 in favor 0 opposed; forwarded to Town
Council. Town Council approved 10/04/10.
-------------Amend the Zoning Ordinance to allow automotive repair garages in the Industrial zone by SPP.
Planning Board public hearing 5/05/10; Planning Board approved 4 in favor 0 opposed;
forwarded to Town Council. Town Council approved 6/21/10.
-------------Amend the Zoning Map on Summit Street from Industrial to RB. Planning Board public hearing
4/07/10; Planning Board approved 5 in favor 0 opposed; forwarded to Town Council. Town
Council approved 5/03/10.
--------------Amend the Zoning Map for 292 Brush Hill from RA-1 to SU-H. Planning Board public hearing
12/02/09; Planning Board approved 4 in favor 0 opposed; forwarded to Town Council. Town
Council approved 12/21/09.
--------------Amend the Zoning Ordinance Table 9-1- adding category for appliance stores. Planning Board
public hearing 6/17/09; Planning Board approved 4 in favor 0 opposed; forwarded to Town
Council. Town Council approved 7/20/09.
--------------Zoning Map Amendment along portions of Elm Street, Larone Avenue, and Eldridge Avenue
from RC to BA. Planning Board public hearing 03/04/09; Planning Board approved 3 in favor 0
opposed; forwarded to Town Council. Town Council approved 04/06/09.
-------------Amend Zoning Ordinance Section 9.025-Access Drive Standards. Planning Board public hearing
11/05/08; Planning Board did not approve 0 in favor 3 opposed. Town Council approved
03/02/09.
-------------Amend the Zoning Ordinance related to time and temperature signs using LED. Planning Board
public hearing 9/03/08; Planning Board approved 4 in favor 0 opposed forwarded to Town
Council. Town Council approved 12/01/08.
--------------Amend the Zoning Ordinance Section 7.8-Age Restricted Housing. Planning Board public
hearing 4/02/08; Planning Board approved 3 in favor 1 opposed; forwarded to Town Council.
Approved by Town Council 04/22/08, vetoed by Mayor Edward Gibson on 05/01/08, overridden
by Town Council 05/19/08.
--------------Page 191 of 235

Amend the Zoning Map for 765 Birnie Avenue from RA-1 to ARH. Planning Board public
hearing 07/18/07; Planning Board approved 3 in favor 1 abstained; forwarded to Town Council.
Town Council approved 11/19/07.
-------------Amend the Zoning Ordinance relative to the calculation of the area of a sign. Planning Board
public hearing5/16/07, continued to 6/06/07, continued to 7/18/07, continued to 8/01/07,
continued to 9/19/07, continued to 11/07/07, continued to 11/21/07; Planning Board took no
action 11/21/07.
--------------Amend the Zoning Ordinance regarding Table 5-3-Table of Use Regulations for Industrial
Zoning. Planning Board public hearing 9/05/07; Planning Board approved 3 in favor 0 opposed;
forwarded to Town Council. Town Council approved 11/05/07.
--------------Amend the Zoning Map for a parcel of land on Hill Street from RC to BB. Planning Board public
hearing 9/06/06; Planning Board approved 2 in favor 1 opposed; forwarded to Town Council.
Town Council approved 4/17/07.
--------------Amend the Zoning Map for a parcel of land on Hill Street from RC to BB. Planning Board public
hearing 9/06/06; Planning Board approved 2 in favor 1 opposed; forwarded to Town Council.
Withdrawn by applicant.
--------------Amend Zoning Ordinance relative to fire suppression. Withdrawn by applicant 1/24/07.
--------------Amend Zoning Map for 765 Birnie Avenue and adjacent land from RA-1 to ARH. Planning
Board public hearing 6/20/07; Planning Board approved 5 in favor 0 opposed; forwarded to
Town Council. Town Council approved 9/04/07.
------------Amend Zoning Map for 765 Birnie Avenue and adjacent land from RA-1 to ARH. Planning
Board public hearing 12/20/06; Planning Board approved 5 in favor 0 opposed; forwarded to
Town Council. Withdrawn by applicant 4/02/07.
------------Amend Zoning Map for 309-311 Elm Street from BA/RB to BA. Planning Board public hearing
12/07/05; Planning Board approved 5 in favor 0 opposed; forwarded to Town Council. Town
Council approved 2/06/06.

Page 192 of 235

-------------Amend Zoning Map for 765 Birnie Avenue from RA-1 to ARH. Planning Board public hearing
12/07/05; Planning Board approved 5 in favor 0 opposed; forwarded to Town Council. Approved
by Town Council on 2/06/06.
-------------Amend Zoning Map for 939 Piper Road and a portion of 925, 955, and 965 Piper Road from RA1 to ARH. Planning Board public hearing 10/05/05; Planning Board approved the amendment 4
in favor 0 opposed; forwarded to Town Council. Approved by Town Council on 11/07/05.
---------------Amend Zoning Map for 895 Riverdale Street from BA, IP, and PUD to entirely PUD/BB.
Planning Board public hearing on 7/27/05; Planning Board approved the amendment 4 in favor 0
opposed, forwarded to the Town Council. Approved by the Town Council on 9/20/05.
-----------------Amend Zoning Map for 3 properties at 262-264, 278, and 298 Elm Street from RB to CBD.
Withdrawn by applicant 7/05/05.
-----------------Amend Zoning Ordinance to allow the development of Age Restricted Housing overlay.
Planning Board public hearing 5/04/05; Planning Board approved 3 in favor 0 opposed;
forwarded to Town Council. Town Council approved 7/05/05.
-------------------Amend Zoning Map for three properties at 96, 74, and 68 Wayside Ave. from IP to BB and
property at 1385 and 1399 Riverdale from IP to BA. Balise properties. Planning Board public
hearing on 11/17/04; Approved by Town Council on 2/22/05.
------------------Amend Zoning Ordinance and Zoning Map relative to Flood Plain Zoning. Amend the Zoning
Ordinance and Map by eliminating the Flood Plain Zoning District and related ordinance
standards, and adopting a Recreational Zoning District with a Flood Hazard Overlay District,
along with their respective ordinance standards.
Planning Board public hearing on September 1, 2004; Planning Board approved the amendment
4 in favor; 0 opposed; forwarded to Town Council for Public Hearing on September 21, 2004.
Approved by Town Council on 10/18/04.
-------------------Zone Map amendment on a portion of land located at 939 Piper Road consisting of
approximately 14.15 acres, which is a part of Assessors parcel map 48, area 1, parcel 10, from a
Residence A-1 Zoning District to a Special Use Multi-Family (SU-M).
Planning Board public hearing on September 1, 2004; Planning Board continued hearing to
Page 193 of 235

9/15/04; 10/6/04; 11/3/04. Town Council hearing September 21, 2004, voted to continue until
recommendation from Planning Board. Planning Board voted 2 in favor, 2 opposed, 1 abstention
on November 3, 2004. To Town Council for hearing on 11/15/04.
------------------Amend Zoning Map for a portion of property (61 Morgan Rd) from RA-1 to BA. This is vacant
land owned by the Town associated to fire station #3.
Planning Board public hearing on May 5, 2004; 3 in favor; 0 opposed; forwarded to Council for
Public Hearing on May 17, 2004; continued to June 7, 2004. Approved by Council on June 21,
2004.
--------------Petition to change Table 9-1 by adding a new category for parking requirements for furniture
stores.
Planning Board public hearing on May 5, 2004; 2 in favor; 1 opposed and fwd to Council for
Public Hearing on June 21, 2004; continued to July 6, 2004; continued to August 2, 2004.
Approved by Town Council on August 2, 2004, unanimously.
--------------Petition to Amend the Zoning Ordinance Table 5-2 to create a new use category of Bank, Credit
Union or Trust Company with drive-through service to be allowed by Special Permit in BA,
BB, BB-1, and CBD zoning Districts.
Planning Board held a Public Hearing on April 7, 2004,and was forwarded to Town Council for
Public Hearing on May 3, 2004; continued public hearing to May 17, 2004; continued again to
June 7, 2004. Approved by council on June 21, 2004.
-------------Town Council Public Hearing held on September 16, 2003
Petition for Zoning Amendment Enterprise Rent-A-Car to modify zoning ordinance to allow
for licensing of automobiles within the BA, BB, and BB1 zoning districts.
Planning Board held a public hearing on September 3, 2003, approved and forwarded to Town
Council for Public Hearing. Approved by Town Council on November 3, 2003.
-------------Town Council Public Hearing held on August 4, 2003
Petition to see if Town Council will vote to amend the Zoning Ordinance by inserting a
definition of the new use category Warehouse/Retail Trade and Distribution to be allowed
within the Industrial (I), Industrial Park (IP), and Industrial Park Light (IPL) zoning districts
through the Special Permit process administered by the Planning Board. Hearing continued to
Page 194 of 235

September 2, 2003.
Amendment to Zoning Ordinance was approved by PB and forwarded to Town Council, which
was approved by Town Council on November 3, 2003.
-------------Petition for Zone change was withdrawn by applicant on August 25,03.
Petition for Zoning Amendment 333 Park Street Amend zoning map by rezoning 333 Park
Street from Industrial (I) to Business A (BA).
Planning Board held a public hearing on July 16, 2003, approved (3 in favor; 1 opposed) and
forwarded to Town Council for Public Hearing.
-------------Moratorium on free-standing wireless communication facilities (6 months) - Town Council
public hearing 4/2/01; Planning Board public hearing 3/21/01.
2/20/02 Wireless moratorium replaced with zoning ordinance to Accommodate Wireless
Communications Facilities
4/17/01 Amend Zoning Bylaw to Zoning Ordinance and re-assign duties from Board of
Selectmen to Mayor and Town Council.
======================================================
TOWN MEETING CHANGES IN ZONING MAP AND/OR ZONING BY LAW TEXT

1923 Zoning established in West Springfield (May 2, 1923)

November 8, 2000 LAST TOWN MEETING (SPECIAL TOWN MEETING-STM)
MAYORAL FORM OF GOVERNMENT APPROVED BY VOTERS IN APRIL 2000
FIRST MAYOR (EDWARD GIBSON) ELECTED AUGUST 8, 2000
No Planning Changes
Art. 1 - Street Acceptance: Amherst St Ext., Brookside Drive, Chilson Rd Ext., Duke St. Ext.,
Galaska St., Green Meadow Ln., Hemlock Hill Rd., Sweet Fern Drive Passed
Art. 10 Acquisition of house and land at 55 Altamont Ave adjacent to Mittineague Park
Passed
Page 195 of 235

April 29, 2000 Annual Town Meeting (ATM)

Art. 25 - Common Driveways - Amend Sec. 5 Tables 5-1, 5-2, 5-3 and Sec. 9.1 to set standards
as accessory use - Passed
Art. 26 - Home Occupational Uses-Amend Sec 2.1 & 10.0 DENIED
Art. 27 - Street Acceptance: Apple Ridge Rd., Forest Ridge Rd., Timber Ridge Rd., High
Meadow Dr., Brittany Pl., Christopher Terr. Passed
Written Report given to Town Meeting members on Master Plan 2000.

November 10, 1999 Special Town Meeting (STM) No Planning Changes

Art. 4 Purchase of Land - No Action. Said to involve purchase of Lapinski land on Gooseberry
Road (see Art. 15)
Art. 15 Discontinue a portion of Gooseberry Road - Passed
Art. 16 NO ACTION - Street Acceptance of Exposition Avenue
Art. 17 Street Acceptance of Carriage Lane Passed
Art. 18 Street Acceptance of Bluebird Lane Passed
Art. 19 Street Acceptance of Hummingbird Lane Passed
Art. 20 Street Acceptance of Cataumet Lane Passed
Art. 21 Street Acceptance of Goldenview Drive - Passed
May 1, 1999 Annual Town Meeting (ATM)
Art. 25 ZM NO ACTION. Rezone land on Morgan Rd from RA-1 to SU-M Withdrawn
Art. 26 ZM Rezone land off Riverdale St near Rt 91 from IPL to BA Passed
Art. 27 ZT Restoration of Damaged buildings Section IV, Sec 4.4 - Text replaced

Passed

Art. 28 ZT Landscape buffer req. Section XIII, Sec 13.8, Table 13-1 (Delete and replace table)
Passed with amendment.
Page 196 of 235

Art. 29 ZT NO ACTION. Home Occupational Uses Section IX, Sec 10.

Art. 30 ZT Setback requirements in BA, Section VI, Table 6-1C (Delete and replace table)
Passed.
Art. 31 ZT Drive-through service restaurants and establish. Section V, Table 5-2 (Delete and
replace 6-9) Passed.
Art. 32-34 Street Acceptance: Heritage Ln., Upper Virginia Avenue, Beacon Hill Road - All
Passed.

November 18, 1998 Special Town Meeting (STM)

Art. 10 & 11 Street Acceptance: Peachstone Glen and Pheasants Crossing - PASSED
Art. 12 ZM Rezone land between Highland & Whitney from RA-2 to BA FAILED BY 4
VOTES (LACK OF 2/3 MAJORITY VOTE)

May 2, 1998 Annual Town Meeting (ATM)

Art. 17 ZT Amend Sec 6.359 Accessory structures-remove Spec. Permit req. for business &
industrial districts. PASSED
Art. 18 ZT New Car Dealerships, amend Table 5-2 -restored wording to allow in BA,BB,BB-1
districts. PASSED
Art. 19 ZT Fences Section 9.4-temp. fences (30 days) do not require permits. PASSED
Art. 20 ZT Floodway Sec 3.37 wording replaced. PASSED
Art. 21 ZT NO ACTION. Restoration of non-conforming structures.
Art. 22 ZT Pre-existing, non-conforming signage, Sec 9.259 (No additional signage). PASSED
Signage and amend. related to Political signage Sec. 9.286 denied by Atty. Gen. on 1/6/99)
Art. 23-31 Street acceptance: Beauregard Terr., Longfellow Dr., Bayberry Rd., Trinity Dr.,
Advent Dr., Hale St. Ext., Wishing Well Way, Deer Run Rd., Partridge Lne., North St.
All PASSED except North St. which was NO ACTION.
****Recodification of Zoning Bylaw - Was passed at the 11/96 Special Town Meeting (STM)
Art. 15 ZT -- BUT **Attorney General disapproved Section 10.6 related to Temporary Heliports
on January 6, 1998.
Page 197 of 235

11/97 Special Town Meeting (STM) - No planning changes

May 3, 1997 Annual Town Meeting (ATM)

Art. 19 ZT: Amend Sec. II (def.) And Sec V re: storage of recreational and unregistered motor
vehicles. FAILED
Art. 20 ZT: establish regs. For Wireless Communication Facilities. PASSED
Art. 21 ZM: IP-L to BA (N of I-91 & W of Rt. 5) NO ACTION
Art. 22 (sponsored by Building Dept) removal of abandoned motor vehicles. FAILED
Art. 23 Street accept. of Goldenview Dr. NO ACTION (?)
Art. 24 Street accept of Squire Dr. PASSED
Art. 25 Street accept of Skyline Dr. PASSED
Art. 26 Street accept. Of Allison Ln. PASSED
Art. 27 Street accept. Of portion of Morgan Rd. NO ACTION (?)

11/96 Special Town Meeting (STM)

Art. 15 ZT: Recodification of Zoning Bylaw - PASSED **On January 6, 1998, the Attorney
General disapproved Section 10.6 related to Temporary Heliports that had been included in
the recodification process.
Art. 16 ZT: Assisted Living/Nursing Homes/Life Care Facilities - Amend Sec II, 2.1; Sec V,
Tables 5-1 & 5-2; Sec XIII by adding Sec. 8.8 - FAILED

5/4/96 Annual Town Meeting (ATM)

Art. 19 - ZT: Therapeutic Massage in BA, BB, BB-1 (Ch. II, Sec.2(34.5) and Ch VI, Sec. 1,
Table 1) Passed
Art. 18 ZT: Recodification of Zoning Bylaw FAILED
Art. 20 ZM: Rezone Monastery Ave from RA-1 & RA-2 to RC FAILED
Art.21 Street Acceptance Sawmill Passed
Page 198 of 235

Art.22 Street Acceptance Edgewood Passed

Art. 23 Street Acceptance Lantern Ln Passed
Art. 24 Street Acceptance Redden Rd Passed
Art. 25 Street Acceptance Kerry Lane Passed
Art. 26 Street Acceptance Kelly Drive Passed
Art. 27 Street Acceptance Larivee Lane Passed
Art. 28 Street Acceptance Lynne Drive Passed
Art. 29 Street Acceptance Brice Road (no action or ?)

11/15/95 Special Town Meeting (STM)

Art. 6 - ZT: Free standing signs in Flood Plain (Ch. IX Sec.8.B). Passed
Art. 7 - ZM: Capital Dr/Ashley Ave (BA to BB & IP) Amended to BA to BB for 3-69 Capital Dr,
not Ashley Ave & no IP. Passed
Art. 8 - ZT: Ch. VI Table I, Line 34 - Add line for Tractor Trailer Driving Schools in Industrial
zones - Passed
Art. 9 - ZM: E. Elm Street/Larone Ave. RC to BA

FAILED

May 3, 1995 Annual Town Meeting

Art. 27 ZM Hampden St. from IP to RB Passed
Art. 26 ZM 95 Ashley Ave IP-L to BA Passed
Art. 25 ZM 110 Monastery Ave. RA-1 & RA-2 to RC Withdrawn
Art. 24 ZT CH XI, Sec 8 Use variances (to remove allow. Of Bd of Appeals to issue use
variances. FAILED

April 30, 1994 - Annual Town Meeting

Art. 25 ZT: Temporary structures Ch II, Sec 2 and Ch IV Sec 1 PASSED
Art. 26 ZT: Accessory structures (amended-> greater than 600 sq. ft.) Ch II Sec 2, Ch IV Sec. 1
and Ch XII PASSED
Art. 27 ZT: Travel Trailers prohibited in BA, BB, BB-1 (Ch VI, Sec 1, Table I) PASSED
Art. 28 ZT: Site Plan Rev. (Ch 5-A) appeals made to Bd. Of Ap. PASSED
Page 199 of 235

Art. 29 ZT: Adult Uses - replace Adult Dance Club with Adult Club Ch. II Sec 2 and Ch VI Sec
1, Table 1, line 46 PASSED
Art. 30 ZT: Non-conforming structures - permits the Building Insp. To issue permits PASSED
Art. 31 ZT: Appt. Of Zoning Administrator (Ch XI Sec 8) FAILED
Art. 32 ZT: Enforcement (Ch XI Sec 1 -> 3) PASSED
Art. 33 ZT: Signage (Ch. IX, Sec 7.C, Sec 8.B.2 & 8.C.2 / canopy signs PASSED
Art. 34 ZM: 1196 Elm Street - rezone from RC to BA FAILED
***Art. 14 Ch IIIA Reclassification of Town Planner FAILED
***Art. 17 Ch IIIA Reclass of Pl Bd. Secretary ***No Action
Art. 39 Acceptance of Ryan Dr. PASSED
Art. 40 Acceptance of Cataumet Dr. PASSED
Art. 38 Tag Sales - by Petition, Pl. Bd. supported petition

May 1, 1993 Annual Town Meeting

Art. 36 ZT: Special Permits/establish process & criteria (Ch. XII) PASSED
Art. 37 ZT: Adult Uses (Ch II, Ch VI Table I, Ch XII) PASSED
Art. 38 ZT: Public Garage by Sp. Permit in BA, BB, and BB-1 PASSED
Art. 39 ZT: Commercial Vehicles/Public Garages (Ch II and CH IV, Sec 2(3) NO ACTION ON
ADVICE OF TOWN COUNSEL
Art. 40 ZT: Lot Width & Lot shape definition FAILED
Art. 41 ZT: Parking requirements - delete from Ch V & adopt in own ZBL section, Ch V-B
PASSED
Art. 42 ZT: Site Plan Review, delete from Ch V & adopt Ch V-A PASSED
Art. 43 ZT: Signage, delete & replace Ch IX (as amended Sec 7.E.1) PASSED
Art. 44 ZT: Fence delete & replace Ch IV, Sec 1.(14) PASSED
Art. 45 ZT: Gas Stations/self-service Amend Ch VI Sec 1.Table I, Note 12 PASSED
Page 200 of 235

Art. 46 ZT: Non-conforming lots - add review criteria (Ch XII) FAILED

10/21/92 Special Town Meeting (STM) No Planning issues

Art. 17 Acceptance of portion of Greystone Ave. PASSED (?)

5/2/92 Annual Town Meeting (ATM) No Planning issues

Art. 31 Acceptance of portion of Greystone Ave from #158 to #223 Greystone Ave (No
action???)

5/4/91 Annual Town Meeting (ATM)

Art. 24 - ZT: Add secondary use (BB) to C'Jack PUD/Riverdale St. FAILED
Art. 25 - No action. Amend Ch IV, Sec 1 (17)(a): replace 90 days with 14 days.
Art. 26 Ch III - delete all and replace (Non-conform.) Passed
Art. 27 Ch IV Sec 1 (3)-delete & replace #3/"lot areas" - Passed
Art. 28 Ch II Sec 2 - renumber (16) Floor Area to (16.1) and add (16.2) Frontage definition.
Passed
Art. 29 Table 1, Ch VI, Sec 1, Line 25 / gas stations/self-service. Passed
Art. 30 No action (withdrawn) Ch V Site Plan Review.
Art. 31 Street acceptance of Apricot Hill Lane. Passed
Art. 32 No action regarding acceptance of Daggett Drive.

10/23/91 S.T.M. (page 221 of Vol. 27)

Art. 11 Transfer of $200 from FY 92 from Printing of ZBL to Car Allowance. Passed.
Art. 31 No action (acceptance of portion of Greystone Ave.)
11/14/90 Special Town Meeting (S.T.M.) no changes
Page 201 of 235

5/5/90 Annual Town Meeting (A.T.M.)

Article 20 amend Zoning Map: east Prospect Avenue from BA and RA 2 to RC. FAILED
Art. 21 amend Z.M.: west Riverdale b/w Morgan and Pierce from RA 1 to RC. FAILED
Art. 22 Text change and Z.M.. change: "Water Supply Protection Overlay. PASSED
Art. 23 Z.M. and Z.T.: "River Protect. Overlay." PASSED
Art. 30 acceptance of street: Valley View Cir. PASSED
Art. 31 discontinuance of part of Grove St. PASSED

11/18/89 Special Town Meeting

Art. 8 accept. of Jeffrey Lane. PASSED
4/29/89 Annual Town Meeting
Art. 24 Amend Table 1, Sec. 1, Ch. VI delete "See Note 12" and delete Note 12 itself
regarding the number of self service gas stations limited to those in existence on 10/22/77.
FAILED.
Art. 25 No Action. Z.M. easterly & westerly Rt. 5 from RA 2 and BA to RA 2 and RC.
Art. 26 No Action. Z.M. north of Rt. 91 and west of Rt. 5 from IP light to BA.
Art. 27 Z.M. Quarry Road from RA & IP to RA 1. PASSED.
Art. 28 No Action. Z.M. northeast of Sibley Avenue and east of Dewey St. from Special Use
(Tech.) to RA 1.
Art. 31 No Action abandon part of Grove Street
Art. 32 No action abandon part of Westfield St. (#509)
Art. 33 Acceptance of Jeffrey Lane. PASSED

2/16/89 S.T.M. No changes

10/26/88 S.T.M. No changes
Page 202 of 235

4/30/88 Annual Town Meeting

Art. 32 No Action abandon part of Westfield St. east of Westfield St. intersection with east
line of So. Boulevard.
Art. 23 Zone Text strike Sec. 2)a) Chap. XI Gen. Prov. and add new Sec. 2(a) and 2(b):
zoning violation fees. PASSED
Art. 22 Zone Text change in Chap. IV "Permitted Uses, District Use: strike "Motor Vehicle
Salesroom" and add "Sale of new motor Vehicles. Also, strike "Storage, other vehicles, in the
open". PASSED
Art. 21 Z.T. change "Site Plan Review" to add paragraph in Ch. V, Sec 3 regarding drive
through business. PASSED
Art. 20 Z.T. change "frontage definition" to new definition. FAILED

4/30/88 S.T.M. within A.T.M. No Changes

2/10/88 S.T.M. No Changes

10/24/87 S.T.M.
Art. 26 Z.T. "Permitted Uses" to include Family Day Care. FAILED.
Art. 21 No Action Z.M. "Old Brush Hill Avenue" from IP to Spec Use Multi family
designation south side of Brush Hill Avenue at entrance to Mobile Home Park.
Art. 20 No Action Z.M. "Old Brush Hill Ave." from IP to Special Use Multi family desig.
north side of Brush Hill Ave. near Mobile Home Park.
Art. 19 No Action Abandon part of "Old Brush Hill Ave."

5/2/87 Annual Town Meeting

Art. 42 acceptance of part of Ely Avenue. PASSED
Art. 41 abandon part of Birch St.(south portion) PASSED
Page 203 of 235

Art. 40 acceptance of part of Virginia Ave. (west of Ely Ave. near Verdugo St. PASSED
Art. 39 acceptance of Kerry Lane (south of Redden Rd.)PASSED
Art. 38 Z.T. Ch. VI, Sec. 1, c., para. 5 Permitted Uses addition of reg. of permitted uses in
BA 1 regarding density. PASSED
Art. 37 withdrawn Z.M. (IP light to BA west side Rt.5, north of Rt. 91)
Art. 36 withdrawn Z.M. from RB and Flood Plain to RC (easterly end of Hayes Ave.)
Art. 35 Z.M. amend from I to BA for southwest of River St. and Park St. Ext. PASSED
Art. 34 Z.M. amend from RA 2/RB/BA to Special Use Multi family for west of Elm St., north
of Kings Highway and south of Monastery Ave. (815 Elm St.). FAILED
Art. 33 Z.T. "Meanings of Certain Words" with new definition for open space. PASSED
Art. 32 Z.T. Table I, Sec. 1, Ch. VI. Re: Self service gas stations. FAILED

1/14/87 S.T.M. no changes

*****Planning Board secretary compensation (S 0 a) was $100. in 1978 and was increased to
$500. in 1986.

10/22/86 S.T.M.
Art. 22 Z.M. from I to BA (Memorial Ave. and east of Dike Ave.)

PASSED

Art. 21 Z.M. from I to BA (407 Park St.) PASSED

Art. 5 abandon part of Elm St.(near Central St.) PASSED

5/3/86 Annual Town Meeting

Art. 47 Z.T. Ch. IV, Sec. 2, paragraph 9 word "continuous" added before the word "frontage".
PASSED
Art. 46 Z.T., Ch. IV, Sec. 3, para. 5 add word "continuous" before "frontage". PASSED
Art. 45 Z.T., Ch. VII C, Sec. 5, para. A replace the number 16 with the number 5.5, regarding
density. PASSED
Page 204 of 235

Art. 44 Z.T. relocating from Ch. VI(E,F,G) to Ch. IV. PASSED

Art. 43 Z.T. Ch. VII D, Sec. 7, para. 2

(amend), delete "within". PASSED

Art. 42 Z.T. change number of Use districts from 16 to 18 and add to Sec. 2 Planned Unit
Development and Ind. Park light. PASSED
Art. 41 Z.T. Ch. II, Sec. 2, para. 55 add Planning Board and Board of Selectmen. Special
Permit amend. PASSED
Art. 40 Z.M. change 58 60 Garden St. from R to RC. FAILED
Art. 39 Z.M. change east of So. Boulevard from RC to RB.

PASSED

Art. 38 Z.M. No Action. Change from Special Use (tech.) to RA 1 (fronting Sibley Ave. and
east of Dewey St.)
Art. 34 Acceptance of Capital Drive
?? Art. 35 release of slope easement at Kings Highway and City View. PASSED

11/13/85

Special Town Meeting

Art. 19 Z.T. No Action. By law change for Performance Bond for subdivision.
Art. 16 Z.M. 95 Ashley Avenue from BA to IP light. PASSED.
Art. 11 Acceptance of Homer ST. and Chilson Rd. PASSED

5/4/85 Annual Town Meeting

Art. 38 Acceptance of Bradford Dr. and Craig Dr. PASSED
Art. 37 Z.M. rezoning of City View/N. Boulevard area from RB to RA 2. PASSED
Art. 36 Z.M. south of Morgan Rd. and west of Piper Rd. from RA 1 to Special Use (multi
family). FAILED
Art. 35 Z.M. south of Memorial Avenue and east of Union Street from I to BA. PASSED
Art. 33 Z.M. west of Elm Street within the property of the Springfield Country Club from RA
1 to Special Use (Multi family). PASSED
Page 205 of 235

Art. 32 Z.M. east Piper Road, south of Piper Cross Road from RA 1 to Special Use (multi
family). PASSED
Art. 31 Z.M. east Riverdale Street (#1371) to 1399 Riverdale St. from IP to BA. PASSED
Art. 29 Z.T. Ch. IX, Sec, 2, para. A, Subsection 4 d Strike words "Back to back". FAILED
Art 28 Z.T. amend By law Ch. III, insert "$4,000 and less purchase demands at least three
quotes". PASSED
Art. 24 Discontinue Dingle Drive between Elm St. and Piper Road. PASSED
**** S 0 (a) compensation raised from $100. (1978) to $500. for FY'86
5/4/85 S.T.M. within A.T.M. NO CHANGES

10/24/84 S.T.M. NO CHANGES

5/12/84 ANNUAL TOWN MEETING

Art. 38 amend Ch. IX regarding tag sales (insert wording). FAILED
Art. 35 No Action By law change of contracts less than $4,000.
Art. 34 Acceptance of Woodbrook Terrace and Harbey Road. PASSED
Art. 33 Z.M. west of Riverdale Rd. between 31 39 Morgan Rd. and Pierce St. from RA 1 to BA.
PASSED
Art. 32 Z.M. northwest of Brush Hill Avenue and east of WMECO Dr. from BA to RC.
PASSED
Art. 31 Z.M. 659 661 Main Street and 673 Main Street from RC to BA. FAILED
Art. 30 Z.M. north side of Quarry Rd. from IP to RA 1. PASSED
Art. 29 Z.M. north Brush Hill Avenue from Spec. Use (Mobile Homes) to IP. PASSED
?? Art. 19 No Action. Construction of road from Unico Road to Tatham.
1/25/84

Special Town Meeting NO CHANGES

Page 206 of 235

11/16/83 Special Town Meeting NO CHANGES

6/27/83

Special Town Meeting NO CHANGES

5/14/83

Annual Town Meeting

Art. 48 Z.M. Riverdale St. C'Jack Realty(approx. 24 acres) from BA, BB and IP to Planned
Unit Development District; Prin. Use BA and secondary Use IP light. PASSED
**identified as Special Permit #2-84 by Planning Dept.
Art. 47 Z.M. Rt. 91 north, flood control dike on east, Sack Palace Theater on south (F.L.
Roberts) from BA, BB, and IP to PUD., Prin. Use BB. PASSED
**identified as Special Permit #1-83 by Planning Dept.
Art. 46 Z.T. amendment to Zoning By law addition of new Zoning District called Planned Unit
Development District (PUD). PASSED
Art. 45 Z.M. Brush Hill Avenue near Mobile Home Park from RA 1 and A 2 to Special Use
(Mobile Home Park) District. PASSED
Art. 44 Z.M. from Special Use to Special Use (Technical) for Sibley/Sutton/Dewey area.
PASSED
Art. 43 Z.T. amend Ch. III, Sec. 3: delete all and insert words CHANGE, ALTERATION,
AND ENLARGEMENT OF NON CONFORMING USES AND STRUCTURES. PASSED
Art. 40 No Action (By law amend. tag sales)
Art. 39 Z.T. amend Ch. V regarding junk dealers. PASSED
******Art. 38 Z.T. Ch. IVA, and Sec. 11 regarding parking in handicapped spaces. PASSED.

12/8/82 SPECIAL TOWN MEETING

Art. 9 No action. Z.M. Birnie Avenue from RA to Special Use(Multi family) district.
Art. 8 Z.M. Riverdale from BA and IP to PUD , Prin. BA and secondary IP light. (C'Jack).
PASSED
Art. 7 Z.M. Riverdale from BA, BB, and IP to PUD (F.L. Roberts). PASSED
Art. 6 Z.T. Addition of PUD District. PASSED
Page 207 of 235

9/1/82 SPECIAL TOWN MEETING

Art. 21 Z.M. east of Great Plains Road from RA to Special Use (Mobile Home) Zoning Dist.
FAILED
Art. 20 Z.M. west of Birnie Avenue from RA to Special Use
FAILED

(Mobile Home) Dist.

Art. 19 Z.M. Sibley Avenue/Sutton/Dewey from Special Use to Special Use (Technical).
PASSED **Disapproved by Atty. Gen. 12/20/82
Art. 18 Z.T. amend Ch. III, Sec. 3 delete and insert: CHANGE, ALTERATION AND
ENLARGEMENT ON NON CONFORMING USES AND STRUCTURES. PASSED.
**Disapproved by Atty. Gen. 12/20/82
Art. 17 No Action. Zoning change Old Westfield Rd.
Art. 3 Acceptance of Highland Ln. and Humphrey Ln. PASSED

5/22/82 ANNUAL TOWN MEETING (And SPECIAL TOWN MEETING)

Art. 45 Acceptance of Bobskill Ave., Charles Ave., Doty Circle.

PASSED

Art. 42 Z.T. Ch. III, Sec. 3 (Non Conforming Uses). FAILED

Art. 41 Z.T. Table I and Table II of Ch. VI add wording "Central Business Dist., IP L, IP,
Special Use". PASSED
Art. 37 Z.T. Ch. X, Sec. 8 regarding authority to grant variances to Bd. of Appeals. FAILED
(5/22/82 Special Town Meeting)
Art. 3 Z.M. east of Quarry Road from RA and IP to Special Use (Mobile Home). FAILED

3/31/82 SPECIAL TOWN MEETING No Changes

11/30/81 SPECIAL TOWN MEETING No Changes
9/12/81 SPECIAL TOWN MEETING No Changes
JUNE 6, 1981 ANNUAL TOWN MEETING
Page 208 of 235

Art. 54 Z.T. Amend Table I Sec 1 Chap. VI by striking from BB 1 #27 regarding open storage
of vehicles and #34 truck terminals and freight handling. PASSED
***An amendment to add at the end of this motion the effective date of town meeting approval.
FAILED *Approved by Atty. Gen. 10/6/81
Art. 51 No action. Z.M. at 3376 Main St. Pasquale Rettura
Art. 32 Z.M. So. Blvd. & Park St. from BA to BA 1. PASSED
Art. 31 Z.T. Amend Ch. VI, Sec. 1, strike B and insert B,C,D,E,F,G regarding permitted uses.
PASSED
Art. 30 Z.T. Amend Sec. 2 Ch. II and Sec. 1 Ch. IV regarding gambling. PASSED
Art. 29 Z.T. Amend by adding Ch. VII C, strike out Ch. VI, Sec. 1, para. B, sub. para. 3 and
strike in Ch. VI all reference to Special Use zoning districts. PASSED
Art. 28 Z.T. Amend by striking all Ind. Park zoning district in Ch. VI and insert Ch. VII B.
PASSED
Art. 27 Z.T. Ch. IV, Sec. 1, para. 13, insert sub. para. regarding fence. PASSED
Art. 26 No action. Amendment to Zoning By law....gives no information on what proposed
amendment was.
Art. 25 Z.T. Insert Ch. X regarding energy use and conservation. PASSED
Art. 24 Z.T. Amend Ch. VII A, Sec. 2, B.1. re: storage in the open, Sec. 2.B.2 (b&c), Sec. 2.B.4.
add c. Sec. 3.A.4. insert regarding soils. Sec. 3.E.1 strike Sec. 4 Ch. V and insert Ch. IX.
PASSED
Art. 49

Z.M. Monterey Dr. south/Riverdale St. from IP/BA to BA. FAILED

Art. 23 No action. Amend. to zoning By law Ch. IX

Art. 22 No action. Amend. to zoning By law condominiums
Art. 21 No action. Amend. to Z.M. 1057/1067 Riverdale St.

NOVEMBER 12, 1980 S.T.M.

Art. 13 No action. Amend. to Z.M. re: So. Blvd. and ,Park St.
Page 209 of 235

MAY 3, 1980 Annual Town Meeting

Resolution articles sponsored by Planning Board be acted on immediately following the article
dealing with the annual budgets.
Art. 69 Z.T. Amend Ch. II, Sec. 2 with insertion regarding heliports. PASSED
Art. 67 No action. Amend. to Z.M. So. Blvd. and Park St.
Art. 66 Z.M. North I 91/West Rt. 5 from RB and BA to IP/light. PASSED.
Art. 68 Z.T. insert new Ch. VII A re: IP/light. PASSED
Art. 65 Z.M. 2306 Westfield St. from RA 2 to NB. PASSED
Art. 64 No action. Zoning change 2306 Westfield St. Parcel 2
Art. 63 Z.T. insert new Ch. IX regulations/signs. PASSED
Art. 45 Accepted streets: Norris, Field, Belknap, Browning. PASSED

7/19/79 S.T.M.
Art.6 reduction of easement Ely Avenue "Paper Street" from 60' to 30'. PASSED

4/5/79 A.T.M.
Resolution to waive construction of sidewalks on dead end streets.
Art. 47 Acceptance of Cold Spring Avenue. PASSED
Art. 45 Z.T. Ch. II, Sec. 2 re: fire districts. PASSED.
Art. 44 Z.T. Amend Ch. V, Sec. 4, note 1 & 2 re: free standing signs. PASSED
Art. 42 Z.M. 109 Main St. and Rt. 5 from BA and RC to BA 1. PASSED
Art. 43 Z.T. Ch. VI, Sec. 1 Table I (BA 1) add "funeral home" for permitted uses. PASSED
Art. 41 No action. Zoning change for 24/34 Nelson Pl.
Art. 40 Z.M. 553/555 Main St. from RC to NB. PASSED
Page 210 of 235

Art. 34 No action. Waive construction of sidewalks, Sec. V, par. C of Subdivision rules.

5/4/79 S.T.M. at A.T.M.

No changes
4/29/78 A.T.M.
Art. 39 Z.M. 346 Main St. from RC to NB. PASSED
Art. 33 Implementation of Central Square Plan ($5,000 for plantings in westerly parking lot.
FAILED
Art. 23 Acceptance of Monterery Drive. PASSED
**** Art. 2 Z.T. Sch. A Ch IIIa of Compensation Plan to add Clerk for night meetings at S 0
status = $300. PASSED
2/4/78 S.T.M.

No Changes

1/18/78
A letter from the Planning Board was submitted adopting revision to Rules & Regulations, Sec
III Para A 2 (re: flood plain) and Sec III Para B 2 (add "k." re: flood elevation data)

10/22/77 S.T.M.
Art. 28 Z.T. amend Table 1 Sec 1 CH VI re: limiting self serv stations. (note: Planning Bd.
unanimously opposed this). PASSED
Art. 27 Z.M. 182 Doty Cir. from BA to BB. PASSED
Art. 26 Z.T. amend Ch III Sec 6 (Non conform. lots) FAILED
Art. 25 Z.T. amend Ch VII Sec 8 Powers of Bd. of Appeals to grant variances. PASSED
Art. 24 Z.T. amend Sec 1 Ch IV driveway across sidewalk. FAILED
Art. 23 Z.T. amend Sec 3 Ch III non conform. through Special Permit. PASSED
Art. 22 Z.T. amend Sec 4 Ch V sign: business & advertising. PASSED
Art. 21 Z.T. amend Ch II and V signs. PASSED
Page 211 of 235

Art. 19 Z.T. Table II Sec 2 Ch VI IP changed to 75,000 sq. ft. PASSED

Art. 18 Z.M. east & west of Main St. from BA & BB to RC near School St. PASSED
Art. 17 Z.M. northwest of Bliss St. from BA to RC. PASSED
Art. 16 Z.M. south of Memorial Ave. from IP to BA. PASSED
Art. 15 Z.M. Withdrawn zone change 34 Morgan Road
Art. 14 Z.M. Withdrawn change east & west of Craig Dr.
Art. 13 Z.T. Table IIa (limit height & length of multi family). PASSED
Art. 12 Z.T. Withdrawn reconsideration of Art 11 re: permit granting authority
Art. 11 Z.T. Table IIa Sec 3 Ch VI replace text "c" (Special Permit by Board of Appeals).
PASSED
Art. 10 Z.M. Establish Central Business District. N/S Westfield Street. PASSED
Art. 9 Z.T. Sec 2 Ch I (new definitions) and Ch II & Ch VII (Permitted Uses, Req. lot areas).
PASSED
Art. 8 Z.M. Park St. Establish BA 1 (1977:3). FAILED
Art. 7 Z.M. Park St. Est. BA 1 (1977:2). PASSED
Art. 6 Z.M. Park Est. BA 1 (1977:1) PASSED
Art. 5 Z.T. Sec 3 Ch V BA 1 expansion. PASSED
Art. 4 Z.T. Withdrawn Group homes
Art. 3 Z.M. Brush Hill/WMECO Dr. from BA to RC. FAILED
Art. 2 Z.T. Sec. 2 Ch IV Strike "a" and reletter b & c. PASSED
Art. 1 Z.T. Ch III extends from 12 to 24 months for non conforming business to reopen without
permission from Board of Appeals. PASSED
Art. 20 Z.T. Ch I, Sec 2 and replace Sec. 3, Ch VI Sec 1A (Table) and then insert new Ch VIII
add flood plain and floodway district. PASSED
ADD new zoning districts:
Page 212 of 235

Central Business Zone

Floodway/floodplain zone
Upland floor area zone
Business A 1 zone
4/30/77 A.T.M.
Art. 40 Z.T. replace note 3 Table I Ch VI. FAILED
Art. 39 Z.T. replace Sec 3 Ch III non conforming. FAILED
Art. 42 Z.T. amend Sec 1B Ch VI moratorium district. PASSED
Art. 43 Z.M. Park St. new zone district BA 1. FAILED
Art. 38 Z.T. create new zone district BA 1. PASSED
Art. 41 No action. Z.T. Ch VI Sec 1 Table I

5/3/77 S.T.M. within A.T.M.

Art. 2a No action. Z.T. Ch 7 Sec 8.

4/30/77 A.T.M.
Art. 15 Z.M. Acceptance of Doty Circle. PASSED
March 9, 1977 County Commissioner's Meeting Discontinue Millville Road (near
Prospect/Morgan)
2/5/77 S.T.M.
Art. 11 Z.M. 358 374 Park St. & 157 So. Boulevard from RC to BA.
PASSED.

10/23/76 S.T.M.
Art. 16 Z.M. Acceptance of Palmer Ave. and Agawam Ave. PASSED
PART TWO of Art. 16 Z.M. Acceptance of Redden Rd. FAILED
*** COVENANT was released before drainage problem resolved with contractor.
Art. 15 No action (zone chng Sypek n/s Morgan Rd)
Page 213 of 235

Art. 14 No action (zone chng Sypek n/s Morgan Rd)

Art. 13 Z.M. North side property of Morgan Rd. changed from RA 1 to RC (Morgan Rd. to
Cayenne St) PASSED
Art. 12 Z.M. Change 170 Wayside Ave. from IP to BB ******
Art. 11 Z.T. amend Sec. 7 CH VII add wording after "quarters" PASSED
Art. 10 Z.T. amend Sec 7 CH VII add "In the event that..."PASSED
Art. 9 No action (ZT amend to CH V Sec 3)
Art. 8 No action (ZT amend to CH II Def. 34)
Art. 7 No action (ZT amend CH VI Sec 3 Table IIa)
Art. 6 No action (Town Counsel advised no because Art 3 denied)
Art. 5 Z.T. amend Sec 2B CH V add (1). PASSED
Art. 4 Z.T. amend Note 4 CH VI Sec 1 Table I in Res.C no armored cars allowed) PASSED
Art. 3 Z.T. amend Sec 2 CH II Item #1 add definitions. PASSED Item #2 amend Sec 2 CH II
Special Permit. FAILED Item #3 amend Sec 2 CH II renumber definitions. PASSED
Art. 2 Z.T. amend Sec 1 CH IV (insert (14)). PASSED
Art. 1 Z.T. accept provisions of CH 808 Acts of 1975 Zoning

Enabling Act. PASSED

May 1, 1976 A.T.M.

Art. 43 No action. zone change 429 Memorial Avenue
Art. 28 Acceptance of streets: Parkside Avenue southerly, Birch St. from Connecticut Ave. to
Mountain Ave., Hickory St. Birch St west to Mountain Ave., Mountain Ave., Riverview Ave.,
Highland Park Dr., Greystone Ave. from Spaulding St. north 360 ft. PASSED
****Acceptance of Fire Station Rd. FAILED

November 8, 1975 S.T.M.

Art. 25 Appropriated $3,000 for Master Plan. PASSED
Art. 21 No action. Zone change 186 Ashley Avenue
Page 214 of 235

Art. 20 Z.M. Change 166 Ashley Ave. from IP to RC. FAILED

Art. 19 Z.M. change north of Highland Ave. and west of Whitney Ave. from RA 2 to SU.
FAILED
Art. 18 No action. zone change Highland Ave./Prospect Ave.
Art. 17 Z.M. change Highland Ave./Prospect Ave. from RA 2 to BA. PASSED
Art. 16 No action. ZM easterly of Riverdale Street
Art. 15 ZT amend Sec Ch IV to insert (10) subdivision control. FAILED
Art. 14 withrawn ZT amend to zoning by law Ch III Sec 1
Art 13 #1 ZT amend Ch V Sec 5 add to para A "or within NB, IP, or Flood Plain" PASSED
Art. 12 ZT Ch V strike Sec 5 and replace (non access. signs) FAILED
Art. 11 ZT Sec Ch IV strike and insert "corner lot" FAILED
Art. 10 No action. New chapter VIa
Art. 9 ZT amend Ch IV to add Sec 1a PASSED
Art. 8 ZT amend Ch VI Mobile Home Park Regulations. PASSED
Art. 7 ZT amend Ch III (Sec 16 to be inserted Cap. Budg. Comm. FAILED
Art. 5 ZT Sec 2 Ch II add new definitions. PASSED
Art. 4 ZT Table II Ch VI strike c & e and reletter. PASSED
Art. 3 ZT amend Table II Ch VI d & f (side yard & buffer).PASSED

A.T.M. APRIL 5, 1975

Art. 40 No action. ZM 166 Ashley Ave.
Art. 39 No Action. ZM 186 Ashley Ave.
Art. 38 No action. ZM Ashley Ave.
Page 215 of 235

Art. 37 No action. ZM Ashley & Wayside Ave.

Art. 36 No action. ZM Ashley Ave.
Art. 29 Acceptance or part of Greystone, Butternut, Wolcott, Havenhurst, Bretton, Interstate
Drive full length, Bear Hole Road. PASSED

S.T.M. February 1, 1975

Art. 15 No action. ZM 188 Ashley Avenue
Art. 14 ZM amend 166 Ashley Ave from IP to RC. FAILED
Art. 13 No action. ZM 283 355 Elm Street
Art. 12 ZT amend Ch VII Sec 2 (violations) PASSED
Art. 11 ZT amend Ch II Sec 14 (provide copies of plot plan)

PASSED

Art. 10 ZT amend Ch V Sec 1,2,3 (off street parking) PASSED

Art. 9 ZT amend Ch II (1.) definitions PASSED
Art. 8 ZT amend Ch IV strike 42 and replace (no signs on streets)

FAILED

Art. 6 ZT amend Ch V sec. 4 add "accessory" before sign. PASSED

Art. 5 No action. amend Ch II Sec 2 para (35)
Art. 4 ZT Ch V add Sec 5 (non acces. signs) PASSED
Art. 3 ZT amend Ch IV Sec 1 (add 13. fence or wall) PASSED
Art. 2 No action. amend Ch VI Sec 1 Table 1
Art. 1 ZT amend Ch VI Sec 1 Table 1 strike #9 parking PASSED

S.T.M. 9/3/74 NO CHANGES

A.T.M. 4/6/74
Art. 49 ZM west side Riverdale from RB to BA. FAILED
Art. 48 ZT add to Ch III Sec 22 (Consumer. Advis. Comm.)PASSED
Page 216 of 235

Art. 30 Acceptance of streets: Massasoit St. (west of Willow St. to Frederick St), Frederick St
(Massasoit to Althea), Forest Glen (last half of street), Verdugo St.(Lancaster to Ely).

S.T.M. 2/2/74
Art. 27 No action. Z.M. rear east side Riverdale St (Ford

Leasing Development Co.)

Art. 26 ZT amend Ch VI Sec 2 Cluster Development strike "specific...." and add after Table II,
"13". PASSED
Art. 25 ZT add to Ch II Sec 2, 6a and 6b Cluster Zone definition. PASSED
Art. 14 ZT Ch IV add Sec 51 re: tag sales. FAILED
Art. 12 No action ZM (84 Summit St. zone change)
Art. 11 ZM 18 22 Pleasant St from RC to RB. PASSED
Art. 10 ZM 110 High St. from RC to RB. PASSED
Art. 9 ZM District Boundary Line (Lower Beverly, Bretton Rd) PASSED
Art. 8 Money was appropriated to print Zoning and Subdivision Control By laws. PASSED
Art. 6 ZT amend Ch II Sec 2 (23a) and (30a) and Ch IV Sec 3 add (5) frontage of at least 50', Ch
IV Sec 1 (11) add wording, Ch V, strike out Sec 3 and renumber, Ch VI, Sec Table I, Strike Note
4. PASSED
Art. 5 ZT Ch VI Sec Table IIa, strike "c" and insert #1 through #9. PASSED
Art. 4 ZT amend Ch VI Sec 2 (a), add "open space" and (b) add
Table II, insert figures. PASSED

after "block", Ch VI Sec 2

Art. 2 ZT Ch VI Table II insert "a" through "f" to replace symbols. PASSED

Art. 1 ZT Ch IV Sec 1 (10) amend wording and change to Ch IV Sec 1, subsection (12).
PASSED
A.T.M. 3/10/73
Art. 79 ZM No action. west side Riverdale St/rear of Ashleyville Cemetery
Art. 78 ZM No action west side Riverdale (G. Lynch)
Art. 77 ZM Piper Cross/Morgan Rd. from RA 1 to SU. PASSED
Page 217 of 235

Art. 76 ZM Sibley, Sutton, Dewey from RA 1 to RA 2. PASSED

Art. 75 ZM south corner of Field/Elm St. from RB to BA. PASSED
Art. 74 ZT add to Ch II Sec 2 para 27 def. of prin. bldg.PASSED
Art. 73 ZT Ch VI Table II (a) substitute 20' setback for 25' and add symbols (BA). PASSED
Art. 72 ZT Ch V Sec 1 add "f", Ch V Sec 5 add note 1, note 2, substitute para 6 with new 6 and
7. (re: motel parking and sign ordinances. PASSED
Art. 71 withdrawn. ZT Ch VI Cluster zoning
Art. 70 ZT Ch VI Table I permitted use #19, #26, and add Ch VI Table I add note 11 (clarifies
storage of trailers). PASSED
Art. 69 ZT amend Ch VI Special Use zone, Sec 1 para B subpara (6) and substitute 20' for 5'
acres and in Table II,20 acres/400 feet to 5 acres/200 feet. PASSED
Art. 68 ZT Ch IV Sec 1, add (11 or 12?) required signs. PASSED
Art. 67 withdrawn ZT Ch IV, Sec 2
Art. 66 ZT amend Ch II Sec 2 subsections 9, 22, 23, 26 replace text, Ch II Sec 2 add 23a floor
area and 30a site plan, Ch IV Sec 1 subsec (1) replace text (principal bldg), Ch IV Sec 1 add (10)
storage, replace Ch IV Sec 2 subsec. (1) with new wording, Ch VI Sec 1 para B subpara (2) Re:
motels, Ch VI Table I permitted uses #6 add note 10, Ch VI Table I landscaping front and side
yard, Ch VI Sec 2 add note: multi family, Ch VI add Sec 3 add Table IIa. PASSED
Art. 65 ZT amend Ch VI Tables I and II (to remove multi family and apartments as a perm. use in
BA removed #10, Table I and strike "for business and 25' for residential". PASSED
Art. 64 ZT Building by laws, Ch VII B, Sec. 104.21(applications) PASSED
Art. 36 Acceptance of streets: Oxford Pl., Bascom St., Lincoln St., Buckingham Ave, Eldridge
Ave., Grand View Ave., Morgan Rd., Queen Ave., Falvey St. PASSED

S.T.M. 6/26/72 NO CHANGES

A.T.M. 3/11/72
Art. 79 ZM 1466 Westfield St. from RA 2 to NB. FAILED
Page 218 of 235

Art. 78 ZM Prospect Ave. from IP to SU. FAILED

Art. 77 ZM east of Riverdale from IP to BB. PASSED
Art. 76 ZT Ch VI Sec 2 Table II strike Note 1. PASSED
Art. 75 No action. ZM Elm Street
Art. 72 withdrawn. ZT re: No soliciting.

S.T.M. 3/13/71
Art. 66 AM Westfield Rd/Dewey St. from RA 2 to BA. Passed
Art. 65 No action. ZM 231 Morgan Road
Art. 64 ZT Ch VI Sec 1 Para A Note 3 Strike & replace. FAILED
Art. 63 No action. ZM 112 Amostown Rd.
Art. 62 ZM 1089 Elm St. rear from RA 1 to RC. Passed
Art. 6 Town Planner classification set at S 15 PASSED S.T.M.

6/17/70 NO CHANGES
A.T.M. 3/14/70
ADD new zoning district: Business B 1
Art. 62 ZM south of Penn Central Railroad from BB to BB 1 Passed
Art. 61 No action. ZM rear of Ashleyville Cemetary Riverdale
Art. 58 No action ZM 141 155 Ashley Avenue
Art. 57 No action ZM Prospect Avenue
Art. 56 ZM 1089 Elm St. rear from RA 1 and RA 2 to RC. FAILED
Art. 55 No motion presented. ZM 136 Piper Road
Art. 54 ZM 58 Morgan Rd. from RA 1 to BB Passed
Page 219 of 235

Art. 53 ZT Ch VI Sec Para A #10, add X under Spec Use District

Art. 52 ZT Ch IV Sec 2 Para 1 delete & subst. re: gross floor area. Passed
Art. 51 ZT Ch VI Sec 1 Para A #10, add note 10 re: landscaping multi family. Passed
Art. 50 ZT Ch VI Sec 1 Para A #10, strike out X under BA dist. re: multi family housing.
FAILED then Passed on new motion: remove from BA not BB
Art. 49 ZT Ch VI Sec 1 Para #24, strike BA (limit gas stations)

FAILED

A.T.M. 3/8/69
Art. 67 ZM north of Sibley & east of Chilson from RA 1 & RA 2 to
Passed

Spec Use Zone.

Art. 66 ZM No action. Hayes Avenue

Art. 65 ZM n/s Highland/Whitney Ave. RA 2 to RC FAILED
Art. 64 ZM 151 Morgan RA 1 to RC FAILED
Art. 63 ZM 117 137 Ashley St. RB to RC FAILED
Art. 62 ZM No action. 136 Piper Rd.
Art. 61 ZM No action 58 Morgan Rd.
Art. 47 ZT No action. rear yards.
Art. 46 ZT Ch. V, Sec. 1 strike & replace "a" (off street parking) and add to Sec. 2 "together
with....parking space" Passed
Art. 18 Accepted streets: Calvin, Greystone, Hewitt, Albert

July 9, 1968 S.T.M.

No changes
March 9, 1968 A.T.M.
Art. 64 ZM 278 Elm St. RB to BA. FAILED
Art. 63 ZM 1466 Westfield St. Withdrawn
Page 220 of 235

Art. 62 ZM Morgan Rd. Withdrawn

Art. 61 No action. Re: Pedestrians Articles 62 & 63 were withdrawn because no maps had
been provided to T.M. members as the previous years' consensus had determined.
Art. 56 Easement Birnie /Prospect Ave Passed
Art. 32 Accepted streets: Bretton, Brewster, Fausey Dr., Highland Ave., Ohio Ave. Ext., Sylvan
St. b/w Sylvan & Kelso

March 11, 1967 A.T.M.

Art. 88 withdrawn ZM 22 Sibley RA 1 to RC. FAILED
Art. 87 No action ZM 231 Morgan RA 1 to RC
Art. 86 No action ZM 231 Morgan RA 1 to RB
Art. 85 ZM N.Prospect Ave. IP to RA FAILED
Art. 84 ZM Quarry Rd. RA and IP to IP. Passed
Art. 83 ZM No Action. 112 Amostown Rd. zone change
Art. 38 Accepted streets: Benedict, Old Barn, Cornflower, Farnum, Lee Lang, Brook Pl., Clara,
Miami. Passed.
March 11, 1967 S.T.M. within A.T.M. No changes

October 10, 1966 S.T.M.

Art. 20 ZM 1139 & 1163 Elm St. RA 1 to RC Passed
Art. 18 ZM 117 Ashley RB to RC FAILED
Art. 17 ZM 66 Morgan Rd. RA 1 to BB Passed
Art. 16 ZM No action 231 Morgan Rd.
Art. 19 ZM 110 High St. RB to RC Passed
Art. 15 ZM 18 22 Pleasant St. RB to RC Passed
Page 221 of 235

Art. 14 ZM 1446 1448 Riverdale St. RB to BA Passed

Art. 13 ZT Ch. VI Sec. 2 Table II Lot area IP: 200,000 sq. ft. to 100,000 sq. ft. Passed

March 12, 1966 A.T.M.

Art. 81 ZM Morgan Rd./Realty Trust Property BA to BB. Passed
Art. 80 ZM 608 612 Westfield St. BA & RB to BA. Passed
Art. 79 ZM b/w Wayside Ave & Smith/Doty/Speed property BA & IP to

BB. Passed

Art. 78 No action. North side Morgan Road

Art. 77 ZM Morgan Rd. property of Grocki/Dziedzic/Sypek/New England Milk from RA 1 to
BB. Passed
Art. 76 ZM 120 Amostown Rd. RA 2 to RC. FAILED
Art. 75 No action. Zone change 117 137 Ashley St.
Art. 74 ZM Homer/Chilson/Sutton RA 1 to RA 2. Passed
Art. 73 ZM 18 22 Pleasant St. RB to RC. FAILED
Art. 72 ZT Ch IV insert Sec 1(6) lot area & width. FAILED
Art. 51 re: land taking n/s Morgan Rd. FAILED
Art. 45 Accept streets: Brookline, Buckingham, Falmouth, Forest Glen, Glenview, Harrison,
Lincoln, Pebble Path. Passed
On 11/3/65 Nims Avenue (formerly Worthy Ave) off Baldwin was discontinued.
7 1 65 Sutton Place off Chilson was created

March 6, 1965 ATM

Art. 69 ZM Prospect Ave. RA 1 to RA 2. Passed
Art. 68 Withdrawn ZM north Prospect Ave. IP to RA 2
Art. 67 ZM w/s Riverdale near Myron BA to BB. Passed
Page 222 of 235

Art. 65 ZT Ch V, Sec 5 increase size of signs from 50 sq. ft. to 100 sq. ft. in BA & BB. FAILED
Art. 62 Land taking e/s Sibley for highway purposes Passed
Art. 61 Land taking Construction easement on Piper Rd. for two

years. Passed

Art. 55 No action. sidewalk construction

Art. 42 Planning Board to act as Municipal Facilities Planning Commission & would be
responsible for studying present & future needs for space, both open & closed, land & buildings.
FAILED
Art. 35 Accept streets, Part: Harrison, Ohio, W. Day St., Laurence, Wilbert, Virginia b/w
Woodmont to Lancaster, Amostown. All: Crestview, Almon, Dale Locust, Beverly, Duke.
Passed
February 17, 1964 ATM
Art. 65 No action. ZM w/s Piper Road
Art. 64 No action. ZM North of Turnpike
Art. 63 No action. ZM Riverdale Connecticut Ave. to Holyoke
Art. 62 ZT Ch IV Sec 1 prin. building insert (a), add to Ch I Sec 1B permitted uses #7 (BB, I, IP
additional regulations), Ch V off street parking, rear yard requirements, rear yards (residential
use). FAILED
Art. 61 ZT Building By laws Ch VII B Sec 123 = no higher than 6 foot fences or wall height.
FAILED
Art. 55 No Action. Construction of highway e/s Riverdale from

Morgan to Ashley Avenue

Art. 35 Accept streets: Albert, Amostown, Bowers, Braintree, Harney, Hewitt, Hillcrest, Kings
Terrace, Lancaster, Willow, Woodmont
August 6, 1963 STM
Art. 17 No action. ZM 597 601 Main Street
Art. 16 ZM Lot #34 Pierce St. from RA 1 to BA. Passed
March 9, 1963 ATM

Vol. 18
Page 223 of 235

Established new zoning districts, area/width requirements, permitted uses restricted to R, B, I

zone categories: not cumulative.
RA
30,000/150
BA
7500/75
RA 1
20,000/125
BB 7500/75
RA 2
15,000/100
I
7500/75
RB
10,000/90
IP 200,000/200
RC
10,000/90
SU 20 ac./400
NB
7,500/75
Art. 66 ZM No action 1305 Elm St. Tetreault
Art. 65 ZM Corner of Riverdale & Althea RA 2 to BA Failed
Art. 64 No action ZM w/s Riverdale (Funaro)
Art. 63 No action ZM 800 880 Riverdale
Art. 62 ZT Table II RA=30,000 sq. ft. (from 1 acre) and Ch 1, Sec 3 a. RC to BB (e/s River St.
South of Baldwin);
b. RC to RB n/w Boulevard
c. stayed same
d. Flood Pl Dist to BA w/Westfield St. All PASSED
Art. 32 Accepted sts: Adrian, Audubon Ave, Banks, Birch Pk Cr, Bond, Burford, Circle, Cora,
Craiwell, Dorothy, Hemlock, Herman, Old Orchard, Pierce, Paucatuck, Squassick, Wellfleet,
Wistaria
December 11, 1962 STM
Art 14 ZM 1711 Westfield St RA 1 to IP FAILED
Art 13 ZM No action. w/s Riverdale (Funaro Teece)
Art 12 ZM b/w 988 1018 Riverdale RA 2 to BA PASSED
Art 11 ZT changes to Zoning map & Text

FAILED

Art 8 ZM 1711 Westfield RA 1 to IP FAILED

Art 7 No action ZT Industrial Park

March 10, 1962 ATM

Art 67 ZM w/s Piper RA 2 to RC FAILED
Page 224 of 235

Art 66 ZM w/s Riverdale RA 2 to BA Passed

Art 65 ZM west Riverdale/North Morgan RA 2 & BA to BB FAILED
Art 64 withdrawn ZM Hayes Ave. Normandeau
Art 63 No action 560 Riverdale
Art 62 withdrawn without prejudice Prospect Ave
Art 61 ZM 20 Beverly Terr RB to BA Passed
Art 60 ZM 376 Amostown RA 2 to RB Passed
Art 59 ZM 1050 Riverdale RA 2 to BA Passed
Art 58 ZM RA 2 to BA w/s Riverdale Passed
Art 31 Accepted streets: Bonair , Brookline, Day Forris, Gr. Plains, Labelle, Rockland, Stone
Path, Vernon Pl, Vincent, Western, Willard
March 11, 1961 ATM
Art 83 ZM 380 Westfield BA to BB Passed
Art 82 ZM 1712 1716 Riverdale RA 2 to RC Passed
Art 81 ZM Cooper St RB to BA FAILED
Art 80 ZM withdrawn s/s Westfield
Art 79 ZM withdrawn s/s Westfield
Art 78 ZM w/s Riverdale RA 2 to BA FAILED (Also, disapproved

by Atty. Gen.)

Art 77 No action ZM 55 Altamont Ave (Rainville)

Art 76 No action ZM 52 Larone (Parker)
Art 75 ZM Burford RC to BA FAILED
Art 74 withdrawn ZM Thomas Dr.
Art 73 ZM Old Westfield Rd RA 2 to BA FAILED
Page 225 of 235

Art 72 ZM 268 Elm RB to BA FAILED

Art 71 ZM 84 Park St RB to RC Passed
Art 70 ZM w/s Riverdale RA 2 to BA Passed **DISAPPROVED BY
FAILED

ATTY. GENERAL =

Art 68 ZT Ch IV re: lot area & lot width (undersized lots) Passed
Art 66 ZT Ch VII add $15.00 fee FAILED

1954 January 6, 1954

Established lot area/width requirements:
RA:
RA 2:
RB:
RC:

30,000/150
9,000/75
7,500/75
7,500/75

BA:
None for business use
BB:
None for business use
I:
None for business use

**Off street parking requirements added

**New yard requirements established
**Permitted uses remain cumulative for zoning districts
March 30, 1954
Art 45 ZM s/w Piper Rd and Chester St from RA-2 to BA Passed
June 21, 1954
Art 8 ZM easterly side of Riverdale St from BA to BB FAILED
July 1, 1954
Art 28 Change the word surgeon to optometrist in Section 1 (6) of Chapter VI of Zoning
Bylaws passed
Art 29 ZM northerly side of Westfield St from BA to BB passed
Art 30 ZM 283 Elm St from RB to BA passed
Art 31 ZM 293 Elm St from RB to BA passed
Page 226 of 235

Art 32 ZM 11-13 Boulevard from RB to BA passed

1953 April 9, 1953

Art 31 ZM northerly side of Merrick St from Business to Industrial NO ACTION
Art 32 ZM northerly side of Morgan Rd from RB to Business NO ACTION
Art 33 ZM s/e Riverdale St and Larone Ave from RB to Business passed
Art 34 ZM Riverdale St and Eldridge Ave from RB to Business passed
Art 27 ZM southerly side of Old Westfield Rd from RB to Business FAILED
Art 28 ZM 52 Larone Ave from RB to Business FAILED

December 30, 1953

Art 9 Proposed new zoning bylaws and map passed
Art 14 ZM s/w Piper Rd and Chester St from RB to Business NO ACTION

1952 June 9, 1952

Art 46 ZM n/e Westfield St and Thomas Dr from RB to Business FAILED
Art 47 ZM northern side of Morgan Rd from RB to Business FAILED
Art 48 ZM River St and Park St Extension from Business to Industrial passed
Art 49 ZM 10-12 Riverdale Rd from RB to Business passed
Art 50 ZM 18-20 Riverdale Rd from RB to Business FAILED

December 5, 1952
Art 27 ZM Old John Ashley school property from RB to Business passed
Art 21 ZM 18-20 Riverdale Rd from RB to Business passed
Art 22 ZM Summit St from RB and Business to Industrial passed
Page 227 of 235

Art 23 ZM 223 Main St from RC to Business passed

Art 24 ZM corner of Park and River St from Business to Industrial passed
Art 25 ZM 560 Riverdale St from RB to Business passed
Art 26 ZM property next to 874 Riverdale St from RB to Business passed

1951 July 5, 1951

Art 45 ZM e/s Elm St from RC to Business approved
Art 46 ZM w/s Riverdale and Larone Ave from RB to Business approved

1950 March 8, 1950

Art 65 ZM e/s Riverdale and Larone Ave from RB to Business FAILED
Art 66 ZM w/s Riverdale from RB to Business FAILED

December 4, 1950
Art 27 ZM e/s Riverdale and Larone Ave from RB to Business approved
Art 28 ZM 3053 Riverdale from RB to Business approved

1949 February 15, 1949

Art 7 ZM w/s L St and Hayes Ave from RB to Business approved
Art 8 ZM 42 L St from RB to Business approved
Art 9 ZM s/s Westfield St from RB to Business approved

May 9, 1949
Art 63 Zoning By-law Amendment Section 14c FAILED
Art 64 ZM corner of Westfield St and Cooper St from RB to Business approved
Page 228 of 235

Art 65 ZM e/s Riverdale St from RB to Business approved

Art 66 ZM e/s Riverdale St from RB to Business FAILED
Art 67 ZM 853 Union St from Business to Industrial FAILED
Art 68 ZM s/s Westfield St (West Springfield Gardens Plan) from RB to Business FAILED

January 20, 1950

Art 25 ZM w/s Riverdale St from RB to Business approved
Art 26 ZM e/s Riverdale St from RB to Business approved
Art 27 ZM e/s Riverdale St from RB to Business approved
Art 28 ZM Riverdale St and Althea St from RB to Business approved
Art 29 ZM 76-78 Fairview St from RB to Business FAILED
Art 30 ZM w/s Riverdale St from RB to Business approved
Art 31 ZM s/s Westfield St from RB to Business approved
Art 32 ZM e/s Riverdale St from RB to Business approved
Art 33 ZM 1519 Elm St from RB to Business approved

1948 April 21, 1948

Art 54 ZM 806 Elm St from RB to Business approved
Art 55 ZM e/s Riverdale St from RB to Business NO ACTION
Art 56 ZM e/s Riverdale St from RB to Business FAILED
Art 57 ZM e/s Riverdale St from RB to Business NO ACTION
Art 58 ZM 1723 Riverdale St from RB to Business NO ACTION
Art 59 ZM e/s Riverdale St from RB to Business approved

Page 229 of 235

September 9, 1948
Art 11 ZM w/s Amostown Rd from RB and RA to RC FAILED
Art 12 ZM 1995 Riverdale St from RB to Business NO ACTION
Art 13 ZM 2149 Riverdale St from RB to Business FAILED
Art 14 ZM s/s Worcester St from RC to Business FAILED
Art 15 ZM e/s Riverdale St from RB to Business FAILED

1947 May 16, 1947

Art 58 ZM s/s Ashley Ave from RB to Business FAILED
Art 59 ZM 1884 Riverdale St from RB to Business approved
Art 60 ZM 838 Westfield St from RB to Business approved
Art 61 ZM Elm St and Mosher St from RB to Business approved
Art 62 ZM 806 Elms St from RB to Business FAILED
Art 63 ZM s/s Westfield St (West Springfield Gardens Plan) from RB to Business FAILED
Art 64 ZM 2045 Riverdale St from RB to Business approved
Art 65 ZM 121 Ashley Ave from RB to Business NO ACTION
Art 66 ZM w/s Riverdale St between 1112 and 1140 from Business to Industrial FAILED
Art 67 ZM n/s Merrick St from RC to Business FAILED
Art 68 ZM Riverdale St and Larone Ave from RB to Business FAILED

November 30, 1947

Art 11 ZM 100 and 130 Elm St from RC to Business approved
Art 12 ZM e/s Riverdale St from Business to Industrial NO ACTION
Art 13 ZM e/s Riverdale St from RB to Business NO ACTION
Page 230 of 235

Art 14 ZM e/s Riverdale St from RB to Business NO ACTION

Art 15 ZM s/s Morton St from RB to Business approved
Art 16 ZM 127 Park Ave from RC to Business approved
Art 17 ZM 297 Main St from RC to Business approved
Art 18 Amendment to Zoning By-laws Section 12 paragraph c FAILED
Art 19 ZM Prospect and Bernie Ave from RB to Business NO ACTION

1946 June, 14, 1946

Art 58 ZM Riverdale and Ashley Ave from RB to Business approved
Art 59 ZM e/s Riverdale St from RB to Business FAILED
Art 60 ZM Riverdale St and Marion St from RB to Business approved
Art 61 ZM e/s Riverdale St from RB to Business approved
Art 62 ZM e/s Riverdale St from RB to Business FAILED
Art 63 ZM e/s Riverdale St from RB to Business FAILED
Art 64 ZM 66 and 68 Boulevard from RB to Business approved
Art 65 ZM Elm St and Elmwood Ave from RC to Business FAILED
Art 13 Amendment to Zoning By-laws Section 20A added and three (3) associate members
approved
Art 16 ZM e/s Riverdale St from RB to Business approved
Art 17 ZM e/s Riverdale St from RB to Business NO ACTION

1945 April 11, 1945

Art 15 ZM change Kings Highway, Amostown Rd, Piper Rd, and Sheridan Ave from RB to RA
approved
Page 231 of 235

Art 16 Amendment to Zoning By-laws setbacks approved

Art 17 Amendment to Zoning By-laws Section 7B rear yards approved

December 3, 1945
Art 7 ZM n/s Hayes Ave from RB to Business approved
Art 8 ZM 2137 Riverdale St from RB to Business approved
Art 9 ZM w/s Riverdale St and rear of 1304 Elm St from RB to Business FAILED
Art 10 ZM 2034 Riverdale St from RB to Business approved
Art 11 ZM e/s Riverdale St from RB to Business FAILED
Art 12 ZM e/s Riverdale St from RB to Business FAILED
Art 13 Amendment to Zoning By-laws Section 1 approved
Art 14 Amendment to Zoning By-laws Section 11 poultry houses approved

1944 April 3, 1944

Art 37 ZM n/s Westfield St and n/s Kings Highway from RB to RA approved
Art 38 Amendment to Zoning by-laws Section 11 paragraph 1 poultry houses approved
Art 48 ZM Ashley Ave and Riverdale St from RB to Business approved
Art 49 ZM 1233 Westfield St from RB to Business FAILED

1943 April 6, 1943

Art 39 ZM Front St and Second St from RB and Business to Industrial approved
Art 40 ZM Elms St and Newton St from RB to RC approved

July 7, 1943
Art 1 ZM Worth Ave, Plateau Ave, and Plateau Circle from RB to RA approved
Page 232 of 235

1942 March 24, 1942

Art 50 ZM Riverdale St and Prospect Ave from RB to Business FAILED
Art 51 ZM Prospect Ave and Riverdale St from RB to Business FAILED
Art 49 ZM 1779 Riverdale St from RB to Business approved
Art 48 ZM 1240 Riverdale St from RB to Industrial FAILED
Art 38 Amendment to Zoning By-laws Section 12 about RB approved

1941 December 18, 1941

Art 12 ZM e/s Riverdale St from RB to Business approved
Art 13 ZM 1240 Riverdale St from RB to Industrial FAILED
Art 14 ZM Fossa Heights from RB to Business approved

1940 February 8, 1940

Art 51 ZM Elmwood Ave and Fox St from RB to Business FAILED
Art 52 ZM 91 Church St from Business to Industrial approved
Art 53 ZM Main St and Park Ave from RC to Business FAILED
Art 54 ZM 2624 Westfield St from RB to Business approved
Art 55 ZM Precinct 5 from RB to RA approved

September 27, 1940

Art 12 ZM Main St and Park Ave from RC to Business approved
Art 13 ZM 35 Main St from RC to Business approved
Art 14 ZM 109 Main St from RC to Business approved
Page 233 of 235

Art 15 ZM Labelle St from RB to RA approved

Art 10 ZM 50-54 Elm St from RC to Business approved
Art 11 ZM 38 Elm St from RC to Business approved
Art 5 Planning Board is established

1939 February 9, 1939

Art 56 Amendment to Zoning By-laws Section 15 FAILED
Art 52 ZM Main St and Park Ave from RC to Business FAILED
Art 53 ZM w/s Elm St from RC to Business FAILED
Art 54 ZM Riverdale St from RB to Business approved

1938 February 12, 1938

Art 49 ZM between Park Ave and Westfield St from Industrial to Business approved
Art 50 ZM n/s Park St from RB and RC to Business NO ACTION
Art 51 ZM between Westfield St, Elm St, and Park Ave from RB and RC to Business approved
Art 52 ZM Tatham Hill Rd from RB to RA NO ACTION
Art 53 ZM Elm St and Field St from RC to Business FAILED

September 22, 1938

Art 11 Amendment of Zoning By-laws gravel banks definition approved
Art 12 ZM Amostown Rd and Piper Rd from RB to Business FAILED
Art 19 ZM 591 Morgan Rd from RB to Business FAILED
Art 20 and 21 ZM Riverdale and Morgan Rd from RB to Business FAILED
Art 22 ZM 52 Park St to Business approved
Art 23 ZM 84 Elm St from RC to Business approved
Page 234 of 235

1929 Consolidation of minor changes (November 22, 1929)

**Yard requirements: reduction in requirements for front, side
and rear yards.
**Height limitations: business height limit changed from four
to six stories
1923 Zoning established in West Springfield (May 2, 1923)
**Five zoning districts: RA, RB, RC, B, I
**Yard requirements: front, side, rear
**Permitted uses
**Height limitations

Page 235 of 235