TR-2012-10 RIGHT OF FIRST REFUSAL 365 MAIN ST 0-4 -3tas-�Uaf4s-�-
TR-2012-
A RESOLUTION TO WAIVE THE RIGHT OF FIRST REFUSAL FOR LAND CLASSIFIED UNDER M.G.L.Ch, 61B
LOCATED AT 365 MAIN STREET,AGAWAM, MA
(SPONSORED BY: Richard A. Cohen)
WHEREAS, 365 Main Street,Agawam, MA is better known as the mushy's Golf Center, LLC; and
WHEREAS,the property is currently classified as recreational land pursuant to M.G.L. ch. 61B;
WHEREAS, a Notice of intent to convert to a commercial use has been forwarded to the Town of
Agawam and is attached to this resolution;
WHEREAS,the City Council recently voted to enter into a tax agreement with Rivermoor-Citizens, LLC in
TOR2011-5;and
WHEREAS, Rive rm oor-Citize n s, LLC intends to lease the parcel from Mushy's Golf Center, LLC and use
the parcel to generate solar energy; and
WHEREAS, it is in the best interest of the Town of Agawam to waive the rights of first refusal and allow
the property to be leased and returned to the tax rolls.
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the Agawam Town Council
waives its right of first refusal pursuant to M.G.L. 61B for land located at 365 Main Street, Agawam, MA
and to authorize the Mayor to execute any and all documents required to waive the Town's right of first
refusal.
DATED THISVV� DAY OF.
PER ORDER OF THE AGAWAM CITY COUNCIL
CL
Christopher C.tnson, President
A PTROVED A TO FORM AND LEGALITY
Vincent F. Gioscia, City Solicitor 001
J�S5 --r-�W
CC e--
MAYORAL ACTION
Received this day of 2012 from Council Clerk.
Signed by Council President this day of 2012.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Aga arter, as
amcAded, ljiercby approve the passage of the above legislation on ay of
12012.
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby veto the passage of the above legislation on this day of
2012 for the following reason(s):
Richard A. Cohen,Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this day of 2012.
MUSHY'S GOLF CENTER, LLC
February 8, 2012
BY CERTIFIED MAIL
Mayor Richard A. Cohen and City Council
Agawam City Hall
36 Main Street
Agawam, MA 0 100 1
NOTICE OF INTENT TO CONVERT
LAND CLASSIFIED UNDER M.G.L. CHAPTER 61B
Dear Mayor Cohen and City Council:
Notice is hereby given that Mushy's Golf Center, LLC ("Mushy's"), the owner of
certain land located in the City of Agawam which is classified as recreational land under
M.G.L. Chapter 6 1 B, intends to convert a portion of such land to commercial use. The
portion of this land that Mushy's intends to convert is part of Assessor's Map K 13, Lot 2-
9, which portion consists of approximately 544,500 square feet and is shown as "12.5
Acres± To Be Removed From Chapter 61 B Designation" on the plan attached hereto as
Exhibit A (the "Land").
Mushy's has ]eased the Land to Rivermoor-Citizens, LLC ("Citizens"). The Land
is to be converted to commercial use for the operation by Citizens of solar energy
generation and transmission equipment, and related solar energy uses.
The name, address and telephone number of Mushy's are as follows:
Mushy's Golf Center, LLC
785 Williams Street#313
Longmeadow, MA 0 1106
Attention: Steve Zleolella
Phone: (413) 747-7696
89143 2 1
We would appreciate a response as soon as possible because Citizens is eager to
move forward with its proposed solar energy project. Thank you for your attention to this
matter.
MUSHY'S GOLF CENTER LLC
By:
cc: Board of Assessors
City of Agawam
Agawam City Hall
36 Main Street
Agawam, MA 01001
Planning Board
City of Agawam
Agawam City Hall
36 Main Street
Agawam, N1A 01001
Conservation Commission
City of Agawam
Agawam City Hall
36 Main Street
Agawam, MA 0 100 1
Massachusetts State Forester
Department of Conservation and Recreation
251 Causeway Street, Suite 600
Boston, MA 02114
991432 vi -2-
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TR-2012-
A RESOLUTION TO WAIVE THE RIGHT OF FIRST REFUSAL FOR LAND CLASSIFIED UNDER M.G.L. Ch. 618
LOCATED AT 365 MAIN STREET, AGAWAM, MA
(SPONSORED BY: Richard A. Cohen)
WHEREAS, 365 Main Street, Agawam, MA is better known as the Mushy's Golf Center, LLC; and
WHEREAS,the property is currently classified as recreational land pursuant to M.G.L. ch. 61B;
WHEREAS, a Notice of intent to convert to a commercial use has been forwarded to the Town of
Agawam and is attached to this resolution;
WHEREAS, the City Council recently voted to enter into a tax agreement with Rivermoor-Citizens, LLC in
TOR2011-5; and
WHEREAS, Rivermoor-Citizens, LLC intends to lease the parcel from Mushy's Golf Center, LLC and use
the parcel to generate solar energy; and
WHEREAS, it is in the best interest of the Town of Agawam to waive the rights of first refusal and allow
the property to be leased and returned to the tax rolls.
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the Agawam Town Council
waives its right of first refusal pursuant to M.G.L. 61B for land located at 365 Main Street, Agawam, MA
and to authorize the Mayor to execute any and all documents required to waive the Town's right of first
refusal.
DATED THIS DAY OF 2012.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C.Johnson, President C3
A PROVED A TO FORM AND LEGALITY
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Vincent F. Gioscia, City Solicitor
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MUSHY'S GOLF CENTER, LLC
February 8, 2012
BY CERTIFIED MAIL
Mayor Richard A. Cohen and City Council
Agawam City Hall
36 Main Street
Agawam, MA 0 100 1
NOTICE OF INTENT TO CONVERT
LAND CLASSIFIED UNDER M.G.L. CHAPTER 61 B
Dear Mayor Cohen and City Council:
Notice is hereby given that Mushy's Golf Center, LLC ("Mushy's"), the owner of
certain land located in the City of Agawam which is classified as recreational land under
M.G.L. Chapter 61B, intends to convert a portion of such land to commercial use. The
portion of this land that Mushy's intends to convert is part of Assessor's Map KI 3, Lot 2-
9, which portion consists of approximately 544,500 square feet and is shown as "12,5
Acres ± To Be Removed From Chapter 61 B Designation" on the plan attached hereto as
Exhibit A (the "Land").
Mushy's has leased the Land to Rivermoor-Citizens, LLC ("Citizens"). The Land
is to be converted to commercial use for the operation by Citizens of solar energy
generation and transmission equipment, and related solar energy uses.
The name, address and telephone number of Mushy's are as follows-
Mushy's Golf Center, LLC
785 Williams Street #313
Longmeadow, MA 0 1106
Attention: Steve Zicolella
Phone: (413) 747-7696
991432 v I
We would appreciate a response as soon as possible because Citizens is eager to
move for-ward with its proposed solar energy project. Thank you for your attention to this
matter.
MUSHY'S GOLF CENTER LLC
By:
cc: Board of Assessors
City of Agawam
Agawam City Hall
36 Main Street
Agawam, MA 0 100 1
Planning Board
City of Agawam
Agawam City Hall
36 Main Street
Agawam, MA 0 100 1
Conservation Commission
City of Agawam
Agawam City Hall
36 Main Street
Agawam, MA 0 100 1
Massachusetts State Forester
Department of Conservation and Recreation
251 Causeway Street, Suite 600
Boston, MA 02114
891432 vI -2-
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Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837 ..
'rel. 413-786-0400 Fax 413-786-9927
i'viarch 19. 2012
Nlayor Richard A. Cohen
36N,lain Street
Agawam, \,1A 01001
RE Chapter 61 B- 3651Main Street - MLISII�'�s Goll'CenLer LLC
Dear Mayor Cohen:
At its duly called mecting held on IMarch 15, 2012, the Agawazi-L Pianning Board voted
Unanitnously to send a neg i dation to you regarding exercising the Town's
,ative recotninert
right of first ref1isal on the Nlushy*s GolfCente-r property at 365 Main Street.
If,you have an), cltiestions, please contact this o ffice.
Sincerely..
Travis 11. Ward., Chairperson
AGAWAM PLANNING BOARD
'ri,\v/DSD:Prk-
CC: COLincil
Clerk
'01 b I 8VN 1101
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331-J�O �LJ213 11)NnOJ