TR-2015-45 APR SLOANE BARRY ST. rMt
S� �
AGAWAM CITY COUNCIL
6 MAIN STREET
AGAWAM, MASSACHUSETTS 0100
May 20,2015 .
r.Donald Hall
Department of Agricultural Resources
101 University Drive,Suite C-4
PRESEDEN'T Amherst,MA 01002
Christopher C. Johnson
VICE PRESIDENT Re: APR Project name Sloane ID#l 54I
Dennis J Merry Dear Mr.Hall:
COUNCILORS
George Bitras As President of the City Council, please consider this letter as
Ce illa A Calabrese certification that theabove-referenced notice was properly posted in the
Paul C. Cavalto office of the City Clerk as well as being mad into record at the Regular
James P. Cschetri Agawam City Council Meeting dated May 4, 2015. Copies of the Agenda
Gina'M.. Letellter d Minutes are enclosed for your convenience.
Joseph Mimeo
Donald h1. Rheault Also enclosed is a Consent of Reduction of Notice Period signed by Mayor
Robert E uffralr''
.4a�ta�may Srr�r Richard A. Cohen. It is understood that additional signatures are requitedfrom other legislators to obtain a 60 day waiver.
AI}MINIS'TRATM 'Very truly yours,
ASSISTANT
Barbara A. Bard
Christopher C.Johnson,Presid
Agawam City Council
CCJIbb
Enclosures
cc: Mayor, Solicitor,,Full Council
TELEPHONE
(413) 7Z6-9716
FAX
41 ) 72 - r1
EMAIL
bbard@agawam.ma.us
THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Department of Agricultural Resources R 10 1 University Drive,Suite C-4,Amherst,MA 0 1-002 L)A
MAMCKOSMS
fax: 617-626-1850 www.mass.gov/agr 4�F"KicutTv mcry Men
April 23, 2015
To: City Council President
Agawam Town Hall
36 Main Street
Agawam,MA. 0 100 1
Re: APR Project name Sloane 11D # 15C01
As required by General Laws Chapter 7C, Section 37,enclosed please find:
1) A "NOTICE OF PROPOSED ACQUISITIOMI,commonly known as the"120 Day Notice",
informing you that the Commonwealth of Massachusetts, acting through its Department of Agricultural
Resources ("MBAR"), proposes to purchase an Agricultural Preservation Restriction ("APR") on
farmland in your municipality as described in the enclosed Notice. The return receipt attached to this
packet will confirm that you have received this notice.
2) A"CONFIRMATION OF NOTICE"on this project. We ask thatyou(1)post andlor pubfish this NOTICE,
and(2)hold apubfic announcement at which the NOTICE OFPROPOSED ACQUISITION is read into the
record. This can be at a regular Select Board or City Council meeting,or at another public meeting for which
standard legal notice was given, Please understand that the municipality need not take any action or vote
concerning the acquisition-the announcement is for infortnational purposes only.
3) A "CERTIFICATE OFNOTICE11 that, following said adequate notice, the hearing/public
announcement mandated by Section 37 has been held within the municipality not later than 120 days prior
to the planned acquisition. Once:the meeting has been held,please complete and return the enclosed
signed "Certificate of Nance" in the attached postpaid envelope.The date that you certify for the
announcement starts the minimum 120-day (4 month) clock for closing on the APR.
4)A "CONSENT TO REDUCTION OF NOTICE PERIOD" for this project. The law also allows for
reduction of the notification period if the local public officials and legislators so agree. Because of
MDAR's priority classification of this farmland for protection,we ask that your municipality agree to
reduce the 120 day notification period to 60 days to expedite the process, The closing for this project is a
time-sensitive matter,and your cooperation in this request is very much appreciated by the Department.
If you have any question regarding this proposed acquisition, I can be contacted at 413-548-1903. Thank
you for your assistance.
Sincerely,
APR Program Coordinator
Cc: Barbara Hopson
, ^
^ "
~
NOTICE OF PROPOSED ACQUISITION
OF AN AGRICULTURAL PRESERVATION RESTRICTION
ON PROPERTY IN THE CITY/TOWN OF AGANV_AM
Date of this Notice: AgH123,2015
Notice of proposed acquisition is hereby given to:
) Chair of the Select Board of the Town of or
X ) Mayor or City Manager of the City of Agawar"
Separate notice will be given by the Department to the appropriate: County Commissioners,
Regional Planning Agency,and the members of the General Court representing the district in
which the land is located.
In compliance with G.L. c. 7C,Section 37,the Commonwealth Massachusetts,acting by and through its
Department of Agricultural Resources(the"Department"),hereby gives notice that it proposes to acquire an
agricultural preservation restriction C'APR")on the real property identified herein for the purpose of protecting in
perpetuity its superior and productive agricultural rbsources by preventing their conversion toPther uses.
The application received by MDAR indicates that the property is owned by Jo&n d t rineA-.�Ion and
consists of parcel (s)located on Barry Street in the Feeding Hills section of Agawam as approximately
represented on the attached map. The APR may encompass all or parts of the area shown.
The current use of the property is primarily for tobacco and hay production.
Following the recording of the APR,the use of the subject property is I imited to agricultural use as more
particularly set forth in the APR document,the General Laws [Chapter 184, Sections 3 1],and the Regulations of
Massachusetts Department of Agricultural Resources,by:
�
-
APR
Ronald Hall, Program_ Coordinator ,
^
APR Project ID # 15CO-1 Sloane Version 3/10/2014
^
aO_NFIRK4 MON OFN�►�CE
REGARDING PROPOSED ACQUISITION
OF AN AGRICULTURAL L PRESERVATION ATION S +CTION
In compliance with the G.L.c, 7C, Section 37,notice is hereby given that an announcement at a public meeting
was held for the purpose of disclosing the conditions or reasons supporting the Commonwealth's proposed
acquisition of an agricultural preservation restriction("APR")on certain property in the Municipality of Agawam
as more particularly described in the attached NOTICE OF PROPOSED ACQUISITION.
The date,time,and place of the hearing are as follows:
Date: ,20
Time. �
Place. 1tAdwiam
CEE' 1FICTE E7FNl)TICE
I certify that this Confirmation of Notice Regarding Proposed Acquisition of an Agricultural Preservation
Restriction was posted or published in the following manner
I ftuther certify that an announce nt was held at the place,date,and time indicated in this Notice.
e in
(name and title:
F�Sr'
Please complete;this form and return to
Ronald Hall
Department of Agricultural Resources;
10 l University Drive,Suite C4
Amherst,MA 01002
APR Project ID#15C01 Sloane Version 110/2014
CONSENT TO REDUCTION OFNOTICE PERIOD
APR Project erne and Number; 1 OMQF— - */5 C
s authorized by the Massachusetts General Laws Chapter 7C, Section 37,the undersigned and duly
authorized representative(s)of the town/city of Agawam do hereby consent to a reduction of the 120 day
notice period prescribed for the announcement at a;public meeting on the Commonwealth's proposed
acquisition of an Agricultural Preservation Restriction referenced above to not less than 60 days.
Date: ,I X . 20
i, nature Name Title
Signature Name Title
Signature Name Title
Signature Name Title
Signature Name Title
Additional signatures are requiaredfor a dd day, Waiver from legislators and Regional Planning Agencies:
MDAR will attain those additional approvals:
Please complete this form and return to
Ronald Hall
Department of Agricultural Resources
101 University Drive,Suite C-
Amherst,MA 01002
APR Project ID Lscoi Sloane Version /10/20`14,
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! If 1000 15W
200&20M
OF AN AGRICULTURAL PRESERVATION RESTRICTION
ON P OPIERTY IN THE CITY/TOWN OF AGA,W
Date of this Notice: ApH123,2'f15
Notice of proposed acquisition is hereby given to
{ ) Chair of the elect Board of the Town of ,or
(X) Mayor or City Manager of the City of Agawam
Separate notice will be given by the Department to the appropriate: County Commissioners,
Regional Planning Agency,and the members of the General Court representing the district in
which the land is located.
In compliance with G.L.c. 7C,Section 37, the Commonwealth Massachusetts,acting by and through its
Department of Agricultural ,Resources(the"Department"), hereby gives notice that it proposes to acquire an
agricultural preservation restriction "APR")on the real property identified herein for the purpose of protecting in
perpetuity its superior and productive agricultural resources by preventing their conversion to other uses.
The application received by MDAR;indicates that the property is owned by Jahn and Catheri e .Sloane and
consists of parcel (s)located on Barry Street in the Feeding Hills section of Agawam as approximately
represented on the attached map.The APR may encompass all or parts of the area shown.
The current use of the property is primarily for tobacco and hay Production.
Fallowing the recording of the APR,the use of the subject property is limited to agricultural use as more
particularly set forth in the APR document,the General Laws[Chapter 184, Sections 31], and the Regulations o
the Department [330 CMR 22.00 et seq];;
Massachusetts Department of Agricultural Resources,by,
fit'' . - '
Ronald Hall, APR Program Coordinator
a
APR Project ID#15C01 Sloane Version 3/1 /2 14
GA WAM CITY COUNCIL
36 MAIN STREET
AGA AM MASSACHUSETTS 01001
REGULAR CITY COUNCIL MEETING
R€IIBERTA G. DOERING SCHOOL
68 Maim Street,Agawam, Massachusetts
** 'Monday,May 4,2015 **
7:00 P.M.
PRESIDENT AGENDA
Christopher C.Johnson
VICE PRESIDENT A. Roll Call
Dennis J. Perry
C4I1NC iLORS B. 'Moment of Silence and the Pledge of Allegiance
George Brtzas C. Citizen'g Speak Time
Cecilia P. Calabrese ti
Paul C. Cavalla .
James R Cicherr D. Minutes
Gana M. Letellier
Joseph Mineo 1. Regular Council Meeting—April 21,2015`
Donald M. Rheault
Robert E. Rossi E. Declaration from Council President R
Anthony R. $uffriti'
1. Notice .of APR project name Sloane ID#15C01 foUroperty
located on Barry Street in Feeding Hills,MA.
ADMINISTRATIVE
ASSISTANT F. EM5VnJ1qion of Petitions and Resolutions
Barbara A. Bard
1'. TR-2015-20 - A Resolution confirming•the appointment'of
Timothy McGrew, 99 Red Fox Drive, Feeding Hills, MA 01030 to the
Agawam Board of Registrars to a term expiring April 1,2019(Mayor)
2. TR-2015-22 - A Resolution requesting the Agawam City'
Council petition for the enactrnent of Special Municipal Legislation
concerning the retirement of Special Police Officers in the Town of
Agawam(Mayor)(Referred to Legislative Committee)
3. TR-2015-23 -A Resolution revising appropriation
requirement from the Community Preservation Fund and authorizing the
expenditure of Community Preservation Funds for the creation of a dog
park as a recreational use at Shea Field(CPA)(Referred to
Community Relations Committee)
TELEPHONE
(413)'726-9716 G. Report of Council Committees
FAX H. Elections
(413)726-9717
EMAIL
bbard@agawam.ma.us
1
I. Public Hearings
1. TR-2015-21 (PH-2015-2) - A Resolution adopting the
Fiscal Year 2016-2020 Capital Improvement Program, Publk Hearing
Date set for June 1,2015(Mayor)(Referred to:finance Committee)
J. Old Business
1;. TO-2015-16 -Budgetary Transfer from Building
Maintenance Regular Permanent (#11921-51010) of $10,000.00 to
Building Maintenance Overtime(#11921-51030) for additional funds to
cover unanticipated shortage due to two unfilled positions. (Mayor)
Referred to Finance Committee)
2. TO-2015- 17 - An Order granting or renewing an Automatic
Amusement PERMIT for Six Flags New England, 1623 Main Street,
Agawam,MA. (Clerk)(Referred to Administrative Committee)'
3. TO-2015-19 - Budgetary Transfer of $30,000 00 from
Police Regular Permanent Account (#12101-51010) to Police Overtime
Account(#12101 5 l 030)(Mayor)(Referred to Finance Committee)
4. TO-2015-19 -Budgetary Transfer of$30,000.00 from Police;
Court Time Account (#12101 51080) to Police Overtime Account
(#12101-51030)(Mayor)(Referred to Finance Committee)
K. New Business
1. TO-2015-20 -An Order granting a Class 2 Dealer's
LICENSE to Malkoon Motor Sales, Inc., 825 Springfield Street,
Agawam, MA. (Clerk)
2. TO-2015-21 -An Order granting or renewing a Junk
Dealer's PERMIT for T's Jewelers, 559 Springfield Street,. Feeding
Hills,MA.(Clerk)'
3. TO-2015-22 - A budgetary transfer of $234,018.56 for the
Department of Public Works from the Reserve Fund 16605-57300 to
Highway Ice Control Materials(14203-52210)(Mayor)
4. TR-2015-24' A, resolution accepting a gift from Ronald
Waite pursuant to Massachusetts General Laws Chapter 44, Section 53A
to the Agawam Golf Course.(Mayor)
5. TR 2015-25' - A resolution authorizing the appropriation to
fund deficits in Snow and Ice overtime and equipment rentals snow
accounts(Mayor)
L. Any other matter that maylegally come before the City Council'
Adjournment.
2
REGULAR MEETING OF THE AGA W"CITY COUNCIL
Minutes dated May 41 2015
Meeting was called to order by President Johnson at 7:00pm at the Auditorium at the Roberta G.
Doering School, 68 Main Street,Agawam,
Item A. Roll Call
ROLL CALL—10 PRESENT, I ABSENT(Councilor Letellier)
Roll Call was taken with the following councilors present: George Bitzas,Cecilia Calabrese, Paul
Cavallo, James Cichetti, Cduncil President Christopher Johnson, Joseph Mineo, Vice President
Dennis Perry, Donald Rheault, Robert Rossi and Anthony Suffriti. Councilor Letellier would be
a little late. With ten councilors presen4 there was a quorum.
Item B. Moment gL&Ience and the Pledg
e gLAIleiance.g_
President Johnson asked for a moment of silence and the Pledge of Allegiance,
Item C. Citizen's Speak
Three citizens were signed up to speak. Gary O'Brien spoke in opposition to TR-2015-22 stating
that as a police officer one takes an oath to "enforce laws" and age 65 is the mandated retirement
age period. Joseph Davis spoke in support of TR-2015-22 saying the special police are ready to
protect and serve and should be allowed to work through their 60's. John Coughlin also spoke
asking for speed limit to be reduced on Springfield Street and to increase the lighting in that area
as well as repairing the sidewalks which are in extremely poor condition causing people to walk
in the street.
Item D. Minutes
1. Regular Council Meeting—April 21,2015
Motion to approve the April 21, 2015 Regular City Council meeting minutes was made by
Councilor Cavallo and seconded by Councilor Cichetti. The minutes were approved by a voice
vote of. 9 Yes,0 No and 2 Abstentions(Councilors Calabrese and Letellier)
Item E. declaration Lrom President
Council President Johnson read the Notice of APR project name Sloan ID#15C01 for property
located on Barry Street in Feeding Hills,MA. into record.
in compliance with 0.L c.7C,section 37,the commonwealth massachusens,acting by and through its
Department of Agricultural Resources(the'Depadrnem"�hereby gives notice that it proposes to acquire an
agricultural preservation restriction("APR')on the rest property identified herein for the purpm of protecting in
perpetuity its superior and productive agrictitturai resources by preventing their conversion to other uses:
The application received by MDAR indicates that the property is owned by John and Cwtherke A. tan and
consists of")(s)located on BaM Strect in the Feeding Hills section ofAS1warn as approximately
reprtanted on the attached map.The APR may encompass all or parts ofthe area shown.
The current use of the property is primarily for taboo and hav orcduetian.
Following the recording of the APR,the use of the subject property is limited to agricultural use as more
paAcularly set forth in the APR docurrmt,the General Laws(Chapter 184, Sections 311,and the Regulations or
the Npartment[330 CMR 22.00 et seq).
Ma"Uhmem;Department of Agricattarat Rftomroft,by.
Ronald Hall,APR Program Coordinator
Item F. Presentation OLPedlionst Memorials A Remonstrances
1. TR-2015-20 - A Resolution confirming the appointment of Timothy McGrew,99
Red Fox Drive, Feeding Hills, MA 01030 to the Agawam Board of Registrars to a
term expiring April 1,2019 (Mayor)
Motion to approve made by Councilor Calabrese and seconded by Councilors Cichetti and
Rheault.
The vote was 11 YES,0 NO in favor.
2. TR-2015-22 -A Resolution requesting the Agawam City Council petition for
the enactment of Special Municipal"Legislation concerning the retirement of Special
Police Officers in the Town of Agawam(Mayor)
Motion to approve made by Councilor Bitzas and seconded by Councilor Letellier. As Chair of
the Legislative Committee, Councilor Cichetti provided a report, Discussion began with
Councilor Bitzas stating he was in favor for many reasons including special police are dedicated
and only perform the jobs when regular police officers are not available and are required to have
an annual physical. Councilor Letellier also supported this item stating being physical and
mentally fit is not limited to age. If the Chief of Police felt an individual were no longer fit for
duty,then she has faith he would remove him from service. She also stated that in the event of an
emergency, it is good to have them, Councilor Cavallo also mentioned the he agreed that the
Chief maintains control over the Special Police and was satisfied enough that he would vote in
favor. Councilor Rossi cited many laws mandating the retirement age of police officers as well as
state troopers. He also stated that if the Special Police has the same power as a regular police
officer, then they should hive the same standards, rules, guidelines and retirement requirements
as them as well. He feels that this resolution was placed on the Council Agenda for the benefit of
only a few and not in the town's best financial interest and urged the Council to look carefully at
this. Council President Johnson stepped from the Chair to state that the distinction gets lost with
the resolution and he cannot reconcile it and believes it should be redrafted to specify the Special
Police work only for road details up to age 70. If there was truly a shortage of officers in the case
2
of an emergency, they could still work and do not need full policing powers. Councilor Letellier
also mentioned that the Special Police are not taking jobs away from regular Police Officers. If
there were no available jobs, then the Special Police would not be needed. Council President
Johnson said there indeed is a need for specials to fill the open jobs that the regular Police
Officers cannot do and again suggested a redraft of the item. Councilor;Bitzas said he agreed
with Councilor Letellier and reminded everyone that we aren't the only town to have this in front
of them—that there are 121 towns that have already passed this. Councilor Rossi replied that he
didn't know where that information came from and most of the communities in 'Western
Massachusetts do not have it and we cannot compare the Town of Agawam with some of the
small rural towns many of whom do not have actual police forces' or have only a few.
Councilor Cavallo said we should have faith in the Chief to oversee this program. Councilor
Rheault wondered why this was coming in front of the Council at this point? Why change it if it
already makes sense? He won't support it and commented to Councilor Cavallo that teaching
into your 70's is NOT the same as working as a Special Police Officer into their 70's.-
The vote was 4 YES (Councilors Bitzas, Cavallo, Letellier and Suffrit), 7 NO (Councilors
Calabrese,Cichetti,Johnson,Mineo,Perry,Rheault and Rossi). The item was defeated.
3. TR-2015-23 -A Resolution revising appropriation requirement from the
Community Preservation Fund and authorizing the expenditure of Community
Preservation Funds for the creation of a dog park as a recreational use at Shea
Field (CPA)
Motion to approve was made by Councilor Letellier and seconded by Councilor Cavallo. As
Chair of the Community Relations Committee, Councilor Calabrese provided a report and
mentioned the memo from Chris Sparks supporting and explaining this item basically due to
construction costs being less than the grant received. A reauthorization was needed to spend the
CPA funds. Councilor Bitzas said the ;ground breaking was last week and didn't cost the town
anything to which Council President Johnson reminded him that technically CPA funds are
coming from the town.
The vote was 1 I YES,0 NO in favor.
Item 7. Report of Council Committees
None.
Item 8. Elections
None,
Item 9. Public Hearings
1. TR-2015-21 (PH-2015-2) - A Resolution adopting the Fiscal Year 2016
2020Capital Improvement Program. Public Hearing Date set for June 1, 2015'
(Mayor)Referred to Finance Committee)
Motion to table made by Councilor Cavallo and seconded by Councilor Perry. The voice vote
was unanimous.
3`
e
Item 10. Old Business
1. TO-2015-16 Budgetary Transfer from Building Maintenance Regular
Permanent(#11921-51010)of$10,000.00 to BuildingMaintenance
Overtime(#11921-51030)for additional funds to cover unanticipated shortage due to
two unfilled positions. (Mayor)
Motion to approve made by Councilor Suffiriti and seconded by Councilor Perry. Councilor
Rheault, as Vice Chair of the Finance Committee, provided a report.
The vote was 11 YES,0 NO in favor.
2. TO-2015- 17 - An Order granting or renewing an Automatic Amusement
PERMIT for Six Flags New England,1623 Main Street,Agawam,MA. (Clerk)
Motion to approve was made by Councilor Rossi and seconded by Councilor Cichetti. Councilor
Rossi, as Chair of the Administrative Committee, provided a report and sent a positive
recommendation from his committee.
The vote was 11 YES,0 NO in favor.
3. TO-2015-18 - Budgetary Transfer of$30,000..00 from Police Regular Permanent
Account(#12101-51010)to Police Overtime Account(#1210151030)(Mayor)
Motion to approve was made by Councilor Letellier and seconded by Councilor Cavallo.
Councilor Rheault again provided the report saying the Finance Committee sent a positive;
recommendation for approval.
The vote was 11 YES,0 NO in favor.
4. TO-2015-19 -Budgetary Transfer of$30,000.00 from Police Court Time Account
(#12101 51080)to Police'Overtime Account(#12101-51030)(Mayor)
Motion to approve was made by Councilor Letellier and seconded by Councilors Cichetti and
Perry. Councilor Rheault again provided the report saying the Finance Committee sent a positive;
recommendation for approval.
The vote was 11 YES,0 NO in favor..
Item H. New Business
1. TO-2015-20 -An Order granting a Class 2 Dealer's LICENSE to Malkoon Motor
Sales,Inc.,825 Springfield Street,Agawam,MA.(Clerk):
Next Agenda, referred to Administrative'Committee,
4
l
2 TO-2015-21 An Order granting or renewing a Junk Dealer's PERMIT for T's
Jewelers,559 Springfield Street,Feeding Hills,MA.(Clerk)
Next Agenda,referred to Administrative Committee.
3. TO-2015-22 -A budgetary transfer of$234,018.56 for the Department of Public
Works from the Reserve Fund. 16605-57300 to Highway Ice Control Materials
(14203-52210)(Mayor)
Next Agenda, referred to Finance Committee.
4. TR-2015-24 -A resolution accepting a gift from Ronald Waite pursuant to
Massachusetts General Laws Chapter 44, Section 53A to the Agawam Golf Course.
(Mayor)
Next Agenda.
5. TR-2015-25 - A resolution authorizing the appropriation to fund deficits in Snow
and Ice overtime and equipment rentals snow accounts(Mayor)
Next Agenda,referred to Finance Committee.
Item 12,-Any other matter that may Lgally come be ore 1he,�City Council.
Councilor Calabrese began commending the Mayor and Department Heads for professional
appearance at recent meeting with the Lt. Governor at the Library. She learned quite a bit from
the Chief Gillis' presentation. Councilor Mineo asked for a Verizon tower update. Councilor
Letellier mentioned the horrible pot holes on Main Street by Valenti' and Dunkin Donuts and
wondered when the budget books would be received. (Since received on May 7, 2015 as planned)
Council President Johnson mentioned these budget books would be scanned individually by
tab/line item and suggested a resolution from the Council regarding the potholes might get more
attention.
Adiournment.;
The Motion to adjourn was moved and seconded with all in favor of adjourning. The time of
adjournment was 8:04pm.
5
DEVARTMENT OF AGRICULTURAL,RESOURCE
101 University Drive
Suite C-4 i Equality -.,
Arnherst,Massachusetts 01002 � ��a�sve0.
www.mass.gov/agr
7011 2970 0001 8906 6667r
f
City Council President i
Agawam "Tort Hall
6a lain Strut.. � u` Ai STAGE
Agawam, MA 01001 AM 1002T, M
A P 041)T
1000
01001
# I ' r
AGAWAM CITY
ltiy ,. 36 MAIN STREET
AGAWAM, MASSACHUSET-fS 01001
r. Ronald Hall
Department of Agricultural Resources
101 University Drive,Suite C-
PItESIDENT Amherst,MA 01002
Christopher C. Johnson
VICE PRESIDENT Re; APR Project name Sloane ID#1SCCl1
Dennis J Perry Dear Mr.Hall:
COUNCILORS
George flittas As President of the City Council, please consider this letter as
Cecilia P. Calabrese certification that the above-referenced notice was properly posted in the
Paul C.Cavallo office of the City Clerk:as well as being read into record at the Regular
James A Gichetti Agawam City Council Meeting dated May 4, 2015. Copies of the Agenda:
Gina M. Letellier and Minutes are enclosed for your convenience.:
Joseph,Mineo
Donald M, Aheault Also enclosed is a Consent of Reduction of Notice Period signed by Mayor
Robert ', Rossi Richard A. Cohen. It is understood that additional signatures axe required
Anthony R Suffriti
from other legislators to obtain a 60 clay waiver.
AA INISTRATM Very truly yours,
ASSISTANT
Barbara A. Bari'
Christopher�C.Johnson,Presid
Agawam City Council
CCJ/bb
Enclosures
cc: Mayor,Solicitor,Full Council
TELEPHONE
(413) 7 6--.971 b
FAX
(413) 7 71
AIL
bbard®a vam.ma.us
5 ,
APPROVAL OF THE MUNICIPALITY P, Lar)
MUNICIPALITY OF Agawam
We,the members of the City Council of the Municipality of Agawam,hereby approve the acceptance
of the foregoing Agricultural Preservation Restriction granted by Catherine A. Sloane and John
Sloane, to the Commonwealth of Massachusetts (with the Municipality of Agawam holding the
Restriction jointly with the Commonwealth),with respect to Premises,as described therein,in the
public interest pursuant to Massachusetts general Laws, Chapter 184, 'Sections 31 through d
including 33 and, Chapter 20, Sections 23 through 26.
Date:.
Municipality of Agawam Board of Selectmen/ ity+�ouncil9 o servation Co fission
A-
COMMONWEALTH OF MASSACHUSETTS
ss NO v t , 2015..
On this day o , 2015, before me,the undersigned Notary Public,
personally appeared the above-named,
Name: Evidence ,fld dfic ion:
W('s
Y
Ao
Wf- E.
18
9.
Ott 64fcs
'-40 &Uqj-o
�ko"I 0
and proved to me through satisfactory evidence of identification as noted above,to be the persons
use names are signed on this document(namely,Agricultural Preservation Restriction and Option
to Purchase at Agpcultural Value) and qcknowledged to me that as duly elected or appointed
members e .t&a&, Y
- 4-(/(!00(1(Jh3 oar d of Selectmen/City Council/Conservation
Commission, they edit voluntarily or(Munir' =stated puVose.
------ A &A - Notary Public
My Commission Expires f 0010,
19
,
,
COMMONWEALTH OF MASSACHUSETTS
AGRICULTURAL PRESERVATION RESTRICTION
' WITH OPTION TO PURCHASEAT AGRICULTURAL VALUE
We,Catherine A.Sloane and John Sloane, husband and wife,of Barry Street,Agawam, Hampden
County, Massachusetts (the "Grantors"), for consideration paid and in full consideration of Nine
Hundred and Ninety Five Thousand Dollars ($995,000 [NRCSs reimbursement share Four
Hundred and Ninety Seven Thousand Five Hundred Dollars $497,500 ] ), receipt of which is
hereby acknowledged,do hereby grant to the Commonwealth of Massachusetts (the
"Commonwealth"), acting through the Commissioner of the Department of Agricultural
Resources,(the"'Grantee"'or the "Commissioner")with an address at 251 Causeway Street, Suite
500, Boston,Massachusetts 02114-215 1, its successors and assigns,an Agricultural Preservation
Restriction in perpetuity(the"Restriction")together with an Option to Purchase at Agricultural
Value as set forth in Section IV, herein, on approximately 81.933 acres of land as hereinafter
defined in Section 11, G hereof, (the"Premises") in accordance with the following terms and
conditions. The Municipality of Agawam with an address of 36 Main Street,Agawam, ("Co-
Holdee) shall hold title to this Restriction jointly with the Commonwealth,pursuant to
Massachusetts General Laws("General Laws"), Chapter 20, Section 23. The Grantor covenants
that they are vested with good title to the Premises. Consideration mentioned above has been
negotiated and agreed to be based upon the difference between fall fair market value and full fait
market agricultural land value. The United States of America("United States"), acting by and
through the United States Department of Agriculture Natural Resources Conservation Service,
with an address of 451 West Street,Amherst MA 01002, on behalf of the Commodity Credit
Corporation("NRCS'),, shall have the right of enforcement in order to protect the public
investment under the Farm and Ranch Lands Protection Program, 16 USC 3838h and 3838i (the
By making such grant, the Grantors grant to the Grantee all non-agricultural rights in the
Premises except as otherwise described in Section M, A,hereof. Grantors retain all agricultural
rights in the Pren-tises except as otherwise limited by the terms and conditions of this Agreement.
_. - _STATEMENT OF PURPOSE- _
normally accepted agricultural practices, preserve natural resources, maintain land in active
commercial agricultural use, and ensure resale of the Premises at Fair Market Agricultural Value
("FMAW)l. In addition, this Restriction is intended to regulate and control activities and/or uses
which may be detrimental to the actual or potential agricultural viability of the Premises, or
detrimental to water conservation, soil conservation, or to good agricultural and/or forestry
management practices or which may be wasteful of the natural resources of the Premises.
II. DEFINITIONS
When used throughout this Restriction, the words or phrases listed below shall have the:
following meanings:
A. ABANDONED: land that has not been actively utilized for commercial agricultural activities or
uses for a period exceeding two years unless the non-utilization is recommended in a current
NRCS plan as approved by the Grantee.
B. AGRICULTURAL USE: the raising of animals, including but not limited to, dairy cattle, beef
cattle, poultry,sheep,swine,horses, ponies,mules, goats, gees and fur-bearing animals, for the
purpose of selling such animals or a product derived from such animals in the regular course of
business; or when primarily and directly used in a related manner which is incidental thereto and
represents a customary and necessary use in raising such animals and preparing them or the,;
products derived therefrom for market, as defined in General Laws,Chapter 61 A, §1, as
amended. Also horticultural uses,the raising of fruits, vegetables, berries, nuts and other foods
for human consumption, feed for animals, tobacco, flowers, sod,trees, nursery or greenhouse;
products,and ornamental plants and shrubs for the purpose of selling such products in the regular
course of business; or when primarily and directly used in raising forest products under a
program certified by the state forester to be a planned program to improve the quantity and
quality of a continuous crop for the purpose of selling such products in the regular course of
business; or when primarily, directly used in a related manner which is incidental thereto and
represents a customary and necessary use in raising such products and preparing them for market,
as defined in General Laws,Chapter 61 A, §2,as amended.
Notwithstanding the forgoing, agricultural use does not include the harvest of sod and nursery
stock (such as balled and burlapped or balled and bagged) which involves removal of soil with
the roots, unless the average annual soil loss for the crop rotation is less than the soil loss
tolerance for the soil in the field from which the sod or nursery stock is removed,as established
by the USDA, Natural Resources Conservation Service,through the conservation planning
process evaluating soil loss.
C. CONDITION: including,but not limited to, an easement,"restriction, covenant, right, option to
purchase at agricultural value plus value of improvements, land exchange, or any other
requirement or use prohibition.
D. DEPARTMENT. the Department of Agricultural Resources of the Commonwealth of
Massachusetts,251 Causeway Street, Suite 500, Boston, MA 02114-2151
'NOTE:One of the goals of the APR Program,from'the outset in 1976,was to ensure the availability of farmland and that APR land would be sold at its
value as a farm,thereby permitting those entering or currently engaged in commercial agriculture to be able to acquire farmland at an investment level
that is supported by the farming operation. The 1977 enabling statute provided that consideration of the non-agricultunal bundle of rights in a property
would not be a part of or included in any future transfers of such agricultural land and that all future transfers would be made at prices consistent with
current farmland values,whether or not those values had appreciated or depreciated, simply stated,the Commonwealth acquired all value of the land
over and above its agricultural value. By maintaining the land at its full and fair market agricultural value,the Commonwealth insures the perpetuation of
the land in agriculture at farm sustainable prices. The full fair market agricultural value includes all agricultural improvements such as agricultural
business value,goodwill,infrastructure,and other such related agricultural business factors. APR landowners are then in a'position to foster successful
and viable agricultural enterprises.
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E. GRANTORS: the party, or parties, or entity who own the Premises and executes this
Restriction, or the party,or parties, or entity who hold record title to the Premises and are duly
authorized to execute this Restriction and execute this Restriction, together with all successors in
title, including but not limited to, transferees, assigns, heirs,devisees and legal representatives
("Successors in Title"). All rights and obligations of the Grantors hereunder shall inure to and be
binding upon Grantors and all Successors in Title.
F. PERMANENT STRUCTURE: any structure that requires the grading of soil or excavation for
footings or foundations or which substantially alters or otherwise affects the soil profile.
G. PREMISES: approximately 81933 acres of land and buildings and structures thereon located
at Barry Street in the Municipality of Agawam, in Hampden County, Massachusetts as more
fully described in Exhibit A, attached hereto and incorporated by reference into this Agreement.
H. TEMPORARY STRUCTURE: any structure that does not have a permanent foundation, or does
not substantially alter or otherwise affect the soil profile.
Y. FAIR MARKET AGRICULTURAL VALUE ("FMAV"): the combined total of the Fair Market
Agricultural Land Value ("FMALV") and the Fair Market Agricultural Business Value
("FMABV") and the Fair Market Agricultural Dwelling Value ("FMABV")'
J. FAIR MARKET AGRICULTURAL DWELLING VALUE ("FMADV"): the appraised replacement`
value of a dwelling(s)on the APR land.
K. FAIR MARKET AGRICULTURAL LAND VALUE ("'FMALV"): the value based upon the
highest and best use of the land for agricultural purposes, including such considerations as
location,types of soil, and climate, but excluding buildings or uses thereof. Permanently
installed agricultural improvements, such as in-ground irrigation or drainage systems, are
considered part of the land. Agricultural land value is solely the value of the land, which value
the landowner retains following the sale of the.Restriction to the Commonwealth. FMALV is
applicable at both the time of the Commonwealth's purchase of the Restriction and at the time of
subsequent sale. The;FMALV may rise and fall commensurate with market conditions and/or
inflation or other valuation factors such as upkeep of the land, and/or improvements in the
condition of the soil or its productivity. It is understood that land improvements may increase the
FMABV.
L. FAIR MARKET AGRICULTURAL BUSINESS VALUE ("FMABV"): the value based upon the
ongoing agricultural business including agricultural buildings, infrastructure, goodwill and other>
related agricultural business factors. FMABV is relevant only upon the subsequent sale of the
Premises and is not applicable at the time of original purchase of the Restriction by the
Commonwealth. The FMABV appraisal includes agricultural business potential and is based
upon activities and circumstances existing at the time of the sale of the Premises. The appraisal
is not intended to contemplate speculative business potential that is dependent on management,
investment or other prospective activities. FMABV may, when applicable,consider the value of
ongoing agricultural business including agricultural buildings, infrastructure, goodwill and other
related agricultural business factors on land owned by Grantors, but excluded from the APR
("non-APR land"),when such business on non-APR land is integral to the agricultural business
on the Premises.
M. FAIR MARKET VALUE ("FMV"): the most probable price that a property should bring in a-
competitive and open market under all conditions requisite to a fair sale, the buyer and seller
each acting prudently and knowledgeably and assuming the price is not affected by undue
stimulus. Implicit in this definition'is the consummation of a sale as of a specified date and the<
passing of title to a buyer under conditions whereby: 1) buyer and seller are typically motivated;
2) both parties are well informed or well advised, and acting in what they consider their own best
3
interests; 3) a reasonable time is allowed for exposure in the open market; 4)payment is made in
terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto;and 5)the
price represents the normal consideration for the property sold unaffected by special or creative
financing or sales concessions granted by anyone associated with the sale.
N.FARM AND RANCH LANDS PROTECTION PROGRAM("FRPP"): A program of the
United States Department of Agriculture authorized pursuant to 16 USC 3838h and 3838i which
provides federal matching funds to state,tribal, local governments,and other organizations with
existing farmland protection programs for the protection of agricultural use and related
conservation values of eligible land by limiting nonagricultural use of that land.
III. TERMS AND CONDITIONS
A. OWNERSHIP RIGHTS AND OBLIGATIONS
In addition to the Grantors' retained agricultural rights hereinbefore mentioned,the Grantors to
and for themselves and their Successors in Title, agree that certain other rights pertaining to care,;
custody and control of the Premises including but not limited to repairing and replacing existing
fences and constructing new fences as necessary for agricultural operations on the Premises and
not inconsistent with the terms and conditions of this Restriction or with General Laws, Chapter
184, Sections 31 through 33 and Chapter`20, Sections 23 through 26; and the rules, regulations
and policies thereunder; and normally associated with ownership, including the right to privacy
and to carry out regular farming practices, shall remain with Grantors.
The Grantors shall continue to be obligated to make payment of all taxes,upkeep and,maintain
the Premises, and continue to be responsible for all liability arising from personal injury or
property damage occurring on the premises.
B. PROHIBITED USES;ACTS; STRUCTURES
The Grantors covenant for themselves,and their Successors in Title, that the Premises will at all
times beheld, used and conveyed subject to, and not in violation of, the following restrictions:
1. No use shall be made of the Premises, and no activity thereon shall be permitted,
which is inconsistent with the intent of this Restriction or with General Laws, Chapter
184 Sections 31 through 33 and Chapter 20, Sections 23 through 26; and the rules;
regulations and policies thereunder.
2. No residential dwelling, tennis court, in-ground swimming pool, commercial
recreational horse riding or boarding facility, golf course, golf range, airport landing
strip, cell tower, or other such non-agriculturally related temporary or permanent
structure shall be constructed,placed or permitted to remain on the premises, except
structures existing on the Premises at the time of the execution of this Restriction.
3` No refuse, trash, vehicle bodies or parts,rubbish,debris,junk, waste, oil, radio-active
or hazardous waste, or other such substance or material whatsoever shall be placed,
stored, dumped, or permitted to remain on the Premises, except as required for the use
of the Premises for normal agricultural activities.
4. The Premises may not be used for:
a Transferring property rights to anyproperty, whether or not adjacent to the
Premises;
b Calculating permissible lot yield of the Premises,or of any other property;
c. Any calculations involving development of any other property, whether or not
adjacent to the Premises, in any manner whatsoever.
4
5. Impervious surfaces shall not exceed 2 percent of the total area of the Premises. An
impervious surface amount greater than 2%must be determined by an impervious
surface formula and a waiver granted by NRCS, and is capped at 5 acres or 5 percent,
whichever is less. For the purpose of this Restriction, the impervious surface amount
is 3 %, as authorized by MRCS State Conservationist. "Impervious Surface"shall
mean: surfaces upon which are located structures for housing seasonal agricultural
employees, agricultural structures (with and without flooring), and paved areas or
roads. Impervious surfaces include permanent,non-seasonal rooftops, concrete and
asphalt surfaces. In the event the Premises are subdivided as provided for in
subsection C. 4. below the total cumulative impervious surface found on each
subdivided parcel may not exceed the 2-prrcent impervious limitation, unless
authorized by waiver from MRCS. In the instrument of subdivision,the total
impervious surface limit must be allocated between each subdivided parcel by
Grantor with the prior approval of Grantee.
6. Mining or extraction of soil,sand, gravel, oil, natural gas,or other mineral is
prohibited, except that Grantor may extract soil, sand, and gravel solely for a
permitted use on the Premises in a manner consistent with the conservation purposes
of this Restriction, minimal in scope and impact, and to carryout regular farming
practices as approved pursuant to section III. C.
7. Grantor may not use motor vehicles on the Premises or grant permission for such use
except as necessary in the accomplishment of the agricultural, forestry, habitat
management, law enforcement and public safety, or other permitted'uses of the
Premises,provided that no use of motorized vehicles may create impacts that are
detrimental to the productivity of the soils on the Premises and the purposes of this
Restriction. Notwithstanding the foregoing, use of snowmobiles on snow is allowed
on the Premises.
S. The granting of easements or rights-of-way for power lines, gas lines, sewer lines,,
water lines, telecommunications towers, and wind farms is prohibited.
Notwithstanding this prohibition the Grantee may install utilities for permitted uses of
the premises that are consistent with the purposes of this Restriction and approved
pursuant to section III. C.
9. Signs are prohibited on the Premises with the exception of signs to identify the farm
or ranch, signs to advertise products or services provided by the farm or ranch, and
signs to identify the farm as a participant in FR.PP and the Agricultural Preservation
Restriction Program.
10. Grantor must retain all water rights necessary for present or future agricultural
production on the Premises and may not transfer,encumber, lease, sell, or otherwise
separate such quantity of water rights from title to the Premises.
11. No removal, filling, or other disturbances of soil surface, nor any changes in
topography, surface or subsurface water systems, wetlands, or natural habitat will be
allowed unless such activities are commonly necessary in the accomplishment of
agricultural practices, conservation,habitat management, and/or forest management
uses of the Premises, as approved by section III. C.
12. The establishment of any non-agricultural commercial or industrial facilities is
prohibited, but undeveloped recreational and educational activities may be permitted
pursuant to Section E (Special Permit Process). Non-commercial, undeveloped, and
passive recreational and educational activities that do not require infrastructure
5
(impervious surfaces)do not require a permit pursuant to Section E as long as such
activities are consistent with the purposes of this Restriction and do not adversely
impact the;soils and/or agricultural operations on the Protected Property.
C. USES;ACTS; STRUCTURES THAT REQUIRE PRIOR WRITTEN APPROVAL
The following uses, acts or structures (hereinafter"uses"or"activities")are allowed only with
the prior written approval of the Grantee. Requests for such approvals, and the granting thereof,
shall be governed by the procedures set forth in Section III, D of this Restriction:
1. The construction or placing of any or permanent structures,including without
limitation any permanent structures for housing seasonal agricultural employees or
for other agriculturally related uses, including related retail sales, where the need-
for such structures is not a result of the use of existing structures for approved non-
agricultural uses or activities. The Department shall only approve these activities
after giving notice to the State Conservationist of the NRCS?of the proposed plan
for such activity and the State Conservation has not denied approval of the request
within thirty days of such notice. Such notice shall contain a request for approval
with a citation to this section and a copy of this Agricultural Preservation
Restriction.
a. The State Conservationist may approve the request if they determine the
activities will:
i. Not contribute to the sprawl of construction across the Premises and
ii. Not decrease protection for the agricultural use and related
conservation values;of the Premises.
iii. To the greatest extent possible, be constructed or placed where there is
access to and from existing roadways, access to utilities, and minimal
impacts to prime, unique, or important soils.
2. The excavation,dredging, depositing on, or removal from the Premises of loam, peat,
gravel, soil, sand, rock other mineral resources, or natural deposits. `
3. The maintenance or improvement of a septic or other underground sanitary system
which exists on the Premises,;or the construction of a septic or other'underground
sanitary system, for the benefit of existing agriculturally related structures on the
Premises:
4. The subdivision,recording of subdivision plan,partition, or any other division of
the Premises, or any portion thereof,into two or more parcels,even in the event that
the Premises is comprised of one or more deeded parcels at the date of this
Restriction.No subdivision shall be approved unless the following conditions are
met:'
a. The document creating the subdivision, partition, or otherwise dividing the
parcels references this Agricultural Preservation Restriction;
b. All parcels resulting from the subdivision of the Premises will meet F RPP`
land eligibility requirements`of the FRPP policy as published at Title 440'
Conservation Programs Manual§ 519.32 when this APR was recorded and
are both eligible for and currently qualifying for the Agricultural
Preservation Restriction Program; and
6
c. The Department has provided the State Conservationist of the MRCS notice
of the plan, if MRCS continues to administer FRPP and the State
Conservationist has not denied approval within ninety days of such notice.
Such notice shall contain a request for approval with a citation to this
section,a copy;of this Agricultural Preservation Restriction, and an
affirmation from the Commonwealth to the State Conservationist that the
requested subdivision is necessary to keep all farm parcels in production
and affordable for future generations of farmers.
i. The State Conservationist may approve the subdivision if they
determiner
1. AlI parcels resulting from the subdivision of the Premises will
meet land eligibility requirements of the FRPP policy as
published at Title 440 Conservation Programs Manual §
519.32 when this APR was recorded.
2. The subdivision will not decrease the protection for the
agricultural use and related conservation values of the Premises.
d. The impervious surface permitted on the Premises is allocated between the
subdivided parcels so that the total impervious surface permitted;on all of
the subdivided parcels does not exceed the total impervious surface
permitted on the Premises before subdivision.
5. The construction or placement of an.asphalt driveway,road, parking lot, utility pole,
conduit or line in support of a temporary or permanent structure or improvement to
the;Premises,for the benefit of the agricultural operations of the Premises only.
6. Forest management and timber harvesting must be performed in accordance with a
written forest management plan, consistent with the terms of this Restriction,
prepared by a licensed professional forester, or by some other qualified person
approved in advance and in writing by the Grantee. Said plan must have been
prepared and executed in accordance of GeneralLaws, Chapter 132
7. The;construction of ponds and restoration of wetlands in accordance with an NRCS
Conservation Plan and MRCS standards and specifications, or otherwise consistent
with the terms of this Restriction.
D. APPROVAL PROCESS FOR PERMITTED USES; ACTS; STRUCTURES
The Grantee maintains policies and procedures governing this Restriction including making
application to obtain approval for permitted uses, acts and/or structures. Grantors should obtain
from Grantee the appropriate application and copies of all applicable policies and procedures in
effect at time of seeking approval.
1. The Grantors covenant for themselves,and their Successors in Title,that prior to
undertaking any uses or acts, or undertaking construction of any structures described.
in Section III, C, the following procedure,and the;policies of the Department, as
amended,shall be followed:
a. The Grantors shall complete and file a written application with the Grantee on
a form provided by the Grantee. Grantors shall not secure other applicable
permits required by local or state law and not incur any expense prior to
Grantee's approval of the application unless otherwise requested by Grantee.
b. Grantors' application shall include.
7
i a copy of a current Farm Conservation Plan,prepared by the USDA/
Natural Resource Conservation Service,when requested by the
Grantee; and
iL any other information and plans as the Grantee of this Restriction
reasonably requires to determine that the intended use, act, or structure
is consistent with the intent and purpose of this Restriction, as stated in
Section I, herein, in the Statement of Purpose.
2, Within 90 days of receipt of the completed application,the Grantee may approve the
application, with or without conditions, only upon finding that
a. the proposed use, act,or structure is authorized by this Restriction, General
Laws, Chapter 184, Sections 31 through 33 and Chapter 20, Sections 23
through 26; and the rules, regulations and policies thereunder.
b. the proposed use, act, or structure shall not defeat nor derogate from the intent
of this Restriction, and General Laws, Chapter 184, Sections 31 through 33
and Chapter 20, Sections 23 through 26,and the rules,regulations and policies
thereunder.
3. If Grantee approves, or approves with conditions, the Grantors' application, Grantee
shall issue a certificate, suitable for recording,approving, in whole or in part, the
application and setting forth any conditions, ("Certificate of Approval") and mail a
copy to Grantors within said ninety(90) day period.
4. If the Grantee does not approve Grantors' application, Grantee shall state in writing
its reasons for denial of the application and shall mail a copy of the denial to Grantors
within ninety (90) days of receipt of the completed application.
5 At any time within the said ninety (90) day period the parties may mutually
agree to extend the length of said period.
E. SPECIAL PERMIT PROCESS
The Grantee,with the approval of the Co-Holder, if any, upon request and application of
Grantors,may issue a special permit approving certain commercial non-agricultural uses and
activities on the Premises, providing that the Premises is being actively utilized for full-time
commercial agriculture, and that such uses and activities are ancillary and subordinate to the
agricultural use of the Premises ("Special Permit"). In addition, such uses and activities shall not
be inconsistent with the intent and purpose of this Restriction. Further, commercial non-
agricultural uses and activities for which the Grantors receive payment, compensation, or any
other type of monetary or non-monetary remuneration require issuance of a Special Permit
granted by the Grantee. A Special Permit for commercial non-agricultural uses and activities
shall be approved only upon finding by the Agricultural Lands Preservation Committee that the
requirements under Section;III, D (2) (b)above have been met. Any approval shall be
conditioned upon the Special Permit being:
I. limited to the current owner(s)who applied for and obtained the Special Permit;
2. limited to a period no longer than five(5)years, renewable at the discretion of the
Grantee for an additional term(s) of no longer than five(5) years, upon reapplication;
I terminated upon transfer of ownership;
4. limited to uses and activities ancillary and subordinate to the agricultural use
5. limited to uses and activities that will not impair the agricultural viability of the soil,
8
6. limited to uses and activities occurring in existingstructures;
. limited to existing structures requiring only minor renovations;and
8. limited to uses and activities requiring no new construction.
F. ENFORCEMENT OF THIS RESTRICTION
1. The Grantors grant to the Grantee and the United States, and to the Co-Holder as
applicable, and their Successors in Title,the right to enter upon the Premises in a
reasonable manner and at reasonable times, for the purposes of inspecting the
Premises to determine compliance with this Restriction, any Certificate of Approval,
Special Permit, or General Laws, Chapter 184, Sections 31 through 33 and Chapter
20, Sections 23 through 26, and rules, regulations and policies thereunder; the right to
enforce this Restriction, any Certificate of Approval, Special Permit, or General
Lags,Chapter 184, Sections 31 through 33 and Chapter 20, Sections 23 through 26,
d rules,regulations and policies thereunder; and the right to take any other action
which may be necessary or appropriate in the determination of Grantee, with or
without order of court,to remedy or abate any violation of this Restriction,or of any
Certificate of Approval, Special Permit, or of General Laws, Chapter 184,'Sections 31
through 33 and Chapter 20, Sections 23 through 26, and rules, regulations and
policies thereunder.
Additionally, Grantor and Grantee agree that the natural characteristics, ecological
features,and physical and man-made conditions of the Premises on the date of this
Restriction are documented in a Baseline (Documentation Report prepared by the
Grantee and signed and acknowledged by the Grantor establishing the condition of
the Premises on the date of this restriction and including reports,maps;,
photographs, and other documentation. The Baseline documentation Report is
incorporated into this Restriction by reference. Grantee will maintain the Baseline
Documentation Report and annually monitor the Premises ensuring that active farm
operations are in compliance with the NRCS conservation plan d in compliance
with this Restriction.
2. In the event of a violation of the terms of this Restriction, Certificate of Approval,
Special Permit, or General Laws, Chapter 184, Sections 31 through 33 and Chapter
20, Sections 23 through 26, and rules, regulations and policies thereunder,the Grantee
reserves the right to pursue any remedy available at law and equity, including;
injunctive relief
3.. The enforcement;rights hereby granted shall be in addition to,and not in limitation of
any other rights and remedies available to the Grantee for enforcement of this
Restriction, Certificate of Approval, Special Permit, or General laws,Chapters 184,
Sections 31 through 33 and Chapter 20, Sections 23 through 26,and rules, regulations
and policies thereunder.
4. The Grantors and their Successors in Title,;shall be,jointly and severally liable for any
violation of the terms of this Restriction,Certificate of Approval, Special Permit, or
General Laws,Chapters 184, Sections 31 through 33 and Chapter 20, Sections 2 '
through 26, and rules, regulations and policies thereunder..
5. The United States is granted the right of enforcement in order to protect the public
investment. The Secretary of the United Mates Department of Agriculture (the
Secretary), on behalf of the United States, will exercise these rights under the
following circumstances: In the event that the Grantee fails to enforce,any of the
terms of this Restriction,as determined in the sole discretion of the Secretary,the
9
Secretary and his or her successors or assigns may exercise the United States' rights
to enforce the terms of this Restriction through any and all authorities available
under Federal or State law.
G. AFFIRMATIVE COVENANT'
The Grantors agree for themselves, and their Successors in Title, that the Premises shall be
maintained in active commercial agricultural use, and the land shall not be abandoned.
Discontinuance of commercial agricultural use shall only be allowed in accordance with a USDA
Natural Resource Conservation Service Farm Management Plan, and with the Grantee's
approval. Failure to maintain the Premises in active commercial agricultural use shall be a
violation of this Restriction.
H. GENERAL INDEMNIFICATION
Grantor shall indemnify and hold harmless the Grantee and the United States, its employees,
agents, and assigns from any and all liabilities,claims, demands, losses, expenses, damages,
fines, fees, penalties,suits,proceedings, actions, and costs of actions, sanctions asserted by or on:
behalf of any person or governmental authority; and other liabilities (whether legal or equitable in
nature and including,without limitation, court costs, and reasonable attorneys' fees and
attorneys' fees on appeal) to which Grantee and the United States may be subject or incur
relating to the Premises, which may arise from, but are not limited to, Grantor's negligent acts or
omissions or Grantor's breach of any representation, warranty, covenant, agreements contained in
this Restriction, or violations of any applicable Federal, State, or local laws including all
Environmental Laws.
I. ENVIRONMENTAL WARRANTY
Grantor warrants that it is in compliance with, and shall remain in compliance with, all
applicable Environmental Laws. Grantor warrants that there are no notices by any governmental
authority of any violation or alleged violation of, non-compliance or alleged non-compliance
with or any liability under any Environmental Law relating to the operations or conditions of the
Property. Grantor further warrants that it has no actual knowledge of a release or threatened'
release of Hazardous Materials, as such substances and wastes are defined by applicable federal
and state law.
Moreover, Grantor hereby promises to hold harmless and indemnify the Grantee and the United
States against all litigation, claims,demands,penalties and damages, including reasonable
attorneys' fees, arising from or connected with the release or threatened release of any Hazardous
Materials on, at beneath or from the Premises, or arising from or connected with a violation of
any Environmental Laws by Grantor or any other prior owner of the Premises. Grantor's
indemnification obligation shall not be affected by any authorizations provided by Grantee or the
United States to Grantor with respect to the Premises or any restoration activities carried out by
Grantee at the Premises; provided,however, that Grantee shall be responsible for any Hazardous
Materials contributed after this date to the Premises by Grantee.
The terms "Environmental Law" or"Environmental Laws"means any and all Federal,state,
local or municipal laws,rules, orders, regulations, statutes, ordinances, codes, guidelines,
policies or requirements of any governmental authority regulating or imposing standards of
liability or standards of conduct(including common law) concerning air, water, solid waste,
hazardous materials, worker and community right-to-know,hazard communication, noise,
radioactive material,resource protection,subdivision, inland wetlands and watercourses,health
protection and similar environmental health, safety, building and land use as may now or at any
time hereafter be in effect.
to
The term "Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils,
explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals,
hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances,toxic
chemicals, radioactive materials, infectious materials and any other element, compound, mixture„
solution or substance which may pose a present or potential hazard to human health or the
environment.
IV. OPTION TO PURCHASE PREMISES AT AGRICULTURAL VALUE
A. Grantee shall have an option to purchase the Premises at hair Market Agricultural Value
("Option") in accordance with the provisions of this section. This Option has been granted as an
integral part of this Restriction, the full consideration for which is set forth above. This Option
constitutes a restriction that runs with the land and is binding in the event of a foreclosure of said
Premises:
1. The:intent of this Option is to ensure resale of the Premises at Fair Market
Agricultural Value. Accordingly, the parties hereto agree to a process as follows:
a. In the event that Grantors propose to sell the Premises and enters into a bona
fide Purchase and Sale Agreement with a third party for the sale of the
Premises, Grantee, at its election, shall have the right to purchase or assign the
right to purchase (see subsection G, below)the Premises from the Grantors at
FMAV. Said FMAV shall be determined by
i. an appraisal paid for and obtained by Grantors conducted and in
accordance with the"Guidelines for Agricultural Appraisals"prepared
by the Department and as in effect at such time, and the terms
pertaining to appraisal set forth therein. 'Grantee shall have the right to
disagree with the appraisal and, at its own expense, obtain its own
appraisal. If the two appraisals differ,there shall be a third appraisal,
the expense of which shall be equally shared between Grantee and
Grantors,to determine the FMAV in accordance with the said
."Guidelines for Agricultural Appraisers"; or, at the election of
Grantors,
ii. an amount equal to the FMALV of the Premises as determined by the
appraisal relied upon for the acquisition of this APR("Governing
Appraisal") which stem shall then be multiplied by the Inflation Rate.
The Inflation Rate shall be equal to I plus the fractional increase in the
Consumer Price Index for all Urban Consumers, Boston, All Items
(1982-1984 equals 100) published by the Bureau of Labor Statistics,
United States Department of Labor, or successor index published by
the United States government appropriately correlated to the prior-
index by a published conversion factor, where indicated, from date of
Governing Appraisal for this Restriction to the date of execution of the
bona fide Purchase and Sale Agreement.
2. In the event that the sale price as set forth in the bona fide Purchase and Sale
Agreement is less than the FMAV determined by the procedures set forth in either aJ
or a:ii above, Grantee shall have the right to purchase the Premises from Grantors, or
assign its right to purchase the Premises from Grantors, for this lesser amount.
3. In the event of a subdivision, recording of'a subdivision plan, partition, or any other'
11
division of the Premises, or any portion thereof,into two or more parcels, as approved
by Grantee, the FMAV shall be determined pursuant to paragraph aJ above.
B. Upon executing a bona fide Purchase andSale Agreement for the sale of Premises with a
third party purchaser the following procedures shall be followed:
1. The Grantors shall provide, at a minimum,to the Grantee:
a. written notice stating Grantor's intent to sell the Premises ("Notice");'
b. a true, correct, complete and fully executed copy of a bona fide Purchase and
Sale Agreement including any offer executed from a third party to purchase
the Premises,
c. a copy of the current deed,
d. the FMAV and any appraisals related thereto; or
e. FMALV as determined pursuant to A.La.ii above.
Z. Upon receipt of this Notice, the Grantee shall have one hundred twenty (120) days to
notify the Grantors of its election to purchase the Premises at FMAV (or any Iesser
sale price set forth in the Purchase and Sale Agreement)or waive its rights under the
Option. The Grantors shall be notified of Grantee's election by written notice
("Notice of Election").
C. In the event that the Grantee elects to exercise this Option to purchase the Premises,the deed
shall be delivered and the consideration paid at the Hampden County Registry of Deeds before 4
o'clock pm. on or before the one-hundred-twentieth(120) day after the date of mailing by the
Grantee of the Notice of Election or, if a Saturday, Sunday or holiday, on the next business day
thereafter, and the deed shall convey a good and clear record and merchantable title to the
Premises free of all encumbrances, and the Premises shall be in the same condition as at the time
of the Notice of Election,reasonable wear and tear and use thereof excepted. The date and time
of the transfer may be amended by written mutual agreement of the parties.
D. The Grantors may sell the Premises, to the third party purchaser who entered into the bona
fide Purchase and Sale Agreement referred to in Paragraph A.La above, only in the event that
Grantee:'
1. declines in writing to exercise its rights under this Option within the specified time
period; or
2 fails to waive its rights under the Option in writing within the specified time period;
or
3. having elected to exercise its rights under the Option, fails to complete the purchase
within the specified time period.
Said sale of the Premises must take place within one (1)year of the date of the Grantee's receipt
of Notice,and be only upon the same terms and conditions as contained in said bona fide
Purchase and Sale Agreement'.
E. The obligations of the Grantors under this Option shall not apply where the transfer of
ownership of the Premises will be a result of.
1. a conveyance by deed to the Grantor's spouse, parent, children or grandchildren
(whether by blood, marriage or adoption), siblings and/or their children or
grandchildren (whether by blood, marriage or adoption);
2. a devise of said Premises by will or intestacy of the Grantors;,
3.. a conveyance of an interest in the Premises to a co-owner.
F. Any notices required by this Option shall be in writing and shall be deemed delivered if
delivered in hand or mailed, postage prepaid by certified mail return receipt requested,addressed
117
in the case of the Grantors to such address as may be specified in the Notice or if none, then to
the Premises, and in the case of the Grantee, to the Commissioner of the Department of
Agricultural Resources, 251 Causeway Street, Suite 500, Boston, MA 02114-2<151.
G, The Grantee may assign its right to purchase under this Option after providing the Grantors
with a Notice of Election exercising its right to purchase, provided that the right to purchase may
only be assigned to a parry that, in the Grantee's opinion, will use or facilitate the use of the
Premises for commercial agriculture. Any assignment shall only be effective when made in
writing, signed by the Commissioner, and duly recorded with the appropriate registry of deeds.
H. Any waiver of the Grantee's rights under this Option shall be in writing, signed by the
Commissioner,;and in a form and format suitable for recording in the appropriate registry of
deeds. This waiver shall serve to satisfy the Grantors' obligations to the Grantee under this
Option with regard to the third parry purchaser who entered into the bona fide Purchase and Sale
Agreement referred to in Paragraph A.La,above.
1. The rights and obligations of the Grantors hereunder shall inure to and be binding upon the
Grantors and all Successors in Title.
V. AUTHORIZATION
The foregoing Restriction is authorized by Massachusetts General Laws,Chapter 184 Sections
31` through 33,and Chapter 20, Sections 23 through 26, and otherwise by law, and is intended to
ensure the protection and preservation of agricultural lands as expressed herein..
This Restriction shall be administered and enforced by the Commissioner as in his/her sole
discretion he/she may decide and on behalf of the Co-Holder by the Conservation Commission,
the Board of Selectmen, or as otherwise provided in Section 23 of Chapter 20 of the General
Laws. Nothing herein shall impose upon the Grantee or the Co-Holder any duty to maintain or
require that the Premises be maintained in any particular state or condition, notwithstanding the
Grantee's acceptance hereof.
Except as otherwise provided herein, this Restriction does not grant to the Grantee, the Co
Holder, the public, or any other person any right to enter upon the Premises. This Restriction is in
gross, exists in perpetuity, and is not for the benefit of or appurtenant to any particular land and
shall not be assignable except to another governmental or charitable corporation or trust which
has power to acquire interests in land and whose purposes include conservation of agricultural
land and natural areas. The burden of this Restriction shall run with the Premises and shall be
binding upon all future owners of any interest therein. This Restriction may be released, in
whole or in part, only by the Grantee through the procedures established in Section 32 of Chapter'
184 of the General Laws, as amended, and by Article 97 of the Amended Articles of the
Massachusetts Constitution and otherwise by law.
If any section or provision of the Restriction shall be held to be unenforceable by any court of
competent jurisdiction, this Restriction shall be construed as though such section had not been
included in it. If any section or provision of the Restriction shall be subject to two constructions,
one of which would render such section or provision invalid, then such section or provision shall
be given the construction that would render it valid. If any section or provision of this
Restriction is ambiguous, it shall be interpreted in accordance with the purpose of this restriction,
rules, regulations and policies, as amended, of the Grantee and the provisions of General Laws,
Chapter 184, Sections 31 through 33, and Chapter 20, Sections 23 through 26, as amended. No
transfer of the Premises to the Grantee or to any successor of assignee will be deemed to
eliminate this Restriction pursuant to the doctrine of"merger"or any other legal doctrine.
Consistent with the applicable provisions of General Laws, Chapter 184,Section 31 through 33,
13
. '
`
whenever all or part of the Premises is taken in the exercise of eminent domain, so as to abrogate,
_-whole _ in part,the terms and conditions imposed by this Restriction,or this Restriction isextinguished, in whole or in part,by other judicial proceeding, Grantor and Grantee shall be
entitled to proceeds payable in connection with the condemnation or other judicial proceedings in
an amount equal to the current fair market value of their relative real estate interests. For
purposes of this paragraph, the ratio of the value of the Restriction to the value of the Premises
unencumbered by the Restriction shall remain constant, and the percentage interests of Grantor
and Grantee in the fair market value of the Property thereby detenninable shall remain constant.
The percentage of interests of the United States and the Grantee in the Restriction shall be
allocated as documented in form entitled "Confirmation of Matching Funds." Due to the federal
interest in this Restriction, the Premises may not be condemned or this Restriction otherwise
extinguished in whole or part without advanced notice to and the approval of the NRCS.
This Restriction may be amended only if in the sole and exclusive judgment of the Grantee and
the United States such amendment furthers or is not inconsistent with the purposes of this
Restriction. Any such amendment must be mutually agreed upon by the Grantee,the Grantor, and
the United States, signed and duty recorded by the parties and comply with all applicable laws
and regulations. The Grantee must provide to NRCS timely notice in writing of the proposed
amendment prior to signing and recordation. Boundary line adjustments are permitted in the case
of technical errors made in the survey or legal description.
Any mortgage or lien arising after the date of this Restriction is subordinate to the terms of this
Restriction. Upon transfer of the Premises or interest in the Premises from one landowner to
another, the conveyance document must expressly refer to this Restriction and state that the
Premises is subject to its terms. Upon prior written consent from the NRCS, the Grantee may
transfer this Restriction to a public agency or nonprofit organization that, at the time of transfer,
is a qualified organization under section 170(h)or successor provision of the Internal Revenue
VI.
TERMS AND CONDITIONS REQUIRED BY FUNDING BY THE
FARM AND RANCH LANDS PROTECTION PROGRAM
'AUTHORIZATION' ^
Funding provided by the Farm and Ranch Lands Protection Program (FRPP) is authorized
by the Food, Conservation, and Energy Act of 2008 (Public Law 110-234). TheFRPPprovides
funding for the purchase of Conservation Easements to protect the agricultural use and related
conservation values of eligible land by limiting nonagricultural uses of that land (16 USC 3838h
and 3838i).
CONSERVATION PLAN
As required by Section 12381 of the Food Security Act of 1985, as amended,the Grantor,
his heirs, successors,or assigns, shall conduct agricultural i operations on highly erodible land on
the Premises in a manner consistent with a conservation plan prepared in consultation with the
NRCS and approved by the Conservation District. This conservation plan shall be developed
using the standards and specifications of the NRCS Field Office Technical Guide and 7 CFR Part
12 that are in effect on the date of the Restriction. However, the Grantor may develop and
implement a conservation plan that proposes a higher level of conservation and is consistent with
the NRCS Field Office Technical Guide standards and specifications. The NRCS shall have the
right to enter upon the Premises, with advanced notice to the Grantor, in order to monitor
compliance with the conservation plan,
]14
In the event of noncompliance with the conservation plan,the NRCS shall work with the
Grantor to explore methods of compliance and give the Grantor a reasonable amount of time,not
to exceed twelve months, to take corrective action. If the Grantor does not comply with the
conservation plan,the NRCS will inform the Commonwealth of Massachusetts' Department of
Agricultural Resources of the Grantor's noncompliance. The Commonwealth of Massachusetts'
Department of Agricultural Resources shall take all reasonable steps (including efforts at
securing voluntary compliance and, if necessary,appropriate legal action)to secure compliance
with the conservation plan following written notification from the MRCS that (a) there is a
substantial, ongoing event or circumstance of non-compliance with the conservation plan, (b)the
NRCS has worked with the Grantor to correct such noncompliance, and (c) Grantor has
exhausted its appeal rights under applicable NRCS regulations.
If the NRCS standards and specifications for highly erodible land are revised after the date of the
Restriction,based on an Act of Congress,the NRCS will work cooperatively with the Grantor as
may be required to develop and implement a revised conservation plan. The provisions of this
section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands
Protection Program and are not intended to affect any other natural resource conservation
requirements to which the Grantor may be or become subject.
V11. OTHER
No Massachusetts deed excise stamps are affixed hereto as none are required by law.
WITNESS the execution hereof under seal this day of , 2015.
Printed Name Printed Name
GRANTOR GRANTOR
COMMONWEALTH OF MASSACHUSETTS
ss 52015.
On this day of , 2015, before me, the undersigned Notary Public,
personally appeared the above-named,
Name: Evidence of Identification:
and proved to me through satisfactory evidence of identification as noted above, to be the persons
whose names are signed on this document and acknowledged to me that,they signed it voluntarily
for its stated purpose.
Notary Public
My Commission Expires:
16
APPROVAL OF THE COMMONWEALTH OF MASSACI-fUSETTS
The undersigned John Lebeaux of the Department of Agricultural Resources of the
Commonwealth of Massachusetts hereby certifies that the foregoing Agricultural Preservation
Restriction with Option to Purchase at Agricultural Value granted by Catherine A. Sloane and
John Sloane to the Commonwealth of Massachusetts with respect to the Premises located in
Agawam,Hampden County, Massachusetts and more particularly described in Exhibit A
attached hereto, has been approved in the public interest pursuant to General Laws, Chapter 184,
Sections 32 through 33 and Chapter 20, Sections 23 through 26.
COMMONWEALTH OF MASSACHUSETTS
By:
John Lebeaux, Commissioner
Department of Agricultural Resources
GRANTEE
COMMONWEALTH OF MASSACHUSETTS
ss 2015.
On this day of 2015, before me, the undersigned Notary Public,
personally appeared the above-named John Lebeaux who proved to me through satisfactory
evidence of identification, namely personal knowledge, to be the person whose name is signed on
this approval document; and acknowledged to me that he signed it voluntarily for its stated
purpose.
Notary Public
My Commission Expires:
17
ACCEPTANCE OF PROPERTY INTEREST BY THE NATURAL RESOURCES
CONSERVATION SERVICE
The Natural Resources Conservation Service (MRCS), an agency of the United States
Goven-tment, hereby accepts and approves the foregoing Agricultural Preservation Restriction
and the rights conveyed therein, on behalf of the United States of America.
Authorized Signatory for the NRCS
451 West Street, Suite I
Amherst,MA 01002-2953
State Conservationist
Title
Commonwealth of Massachusetts
Hampshire County
On this day of 2015, before me, the undersigned, a Notary Public in
and for the Commonwealth of Massachusetts, personally appeared known
to me to be the person whose signature appears above, and who being duly sworn before me, did
say that s/he is a/the Assistant State Conservationist of the Natural Resources Conservation
Service in Massachusetts, United States Department of Agriculture, is authorized to sign on
behalf of the agency, and acknowledged and accepted the rights conveyed by the restriction to be
her/his voluntary act and deed.
In witness whereof, I have hereunto set my hand and official seat the day and year written
above.
Notary Public for the Commonwealth of Massachusetts
My Commission Expires:
20
r `
P
TR-2015-45
A RESOLUTION APPROPRIATING FROM THE COWAUNITY
PRESERVATION FUND AND AUTHORIZING THE EXPENDITURE OF
COMMUNITY PRESERVATION FUNDS TO FUND THE AGRICULTURAL
PRESERVATION RESTRICTION ON FARM01,AND LOCATED AT 792 BARRY
STREET AND TO ACCEPT AN INTEREST IN REAL ESTATE'
Whereas,voters of Agawam chose to form a Community Preservation Comrnittee
(CPA);and
Whereas,pursuant to Massachusetts General. Law Chapter 44B,Section 5(2)allows the
CPA Committee to make recommendations to the legislative beady;and
Whereas,pursuant to Massachusetts General Lave Chapter 4413, Section 5( )(d)states
that the legislative body shall then a such action and approve such appropriations for
the CPA Committee; and
Whereas,the Town has been notified that the State has approved funding an Agricultural
Preservation Restriction(APR.)application and has asked for a l 0%match from the
"Town; and
Whereas,the local matching requirement is intended to promote a local commitment to
agriculture and protecting farmland; and
Whereas,The Community Preservation Committee recommended appropriation and
expenditure in the amount of ninety nine thousand five hundred doll ($99 .00)
from the Open Space d;and
Whereas,the expenditure will preserve land located 792 Barry Street;
Whereas,the preservation of farmland is a'priority in the Town's Open Space and
Recreation Plan and also in the CIA Plan; and
Whereas,the Restriction constitutes and interest in real estate pursuant to M.G.L, ch.
448, §12(a);and
Whereas,the Section 12(a)of the CPA legislation requires the Town have co-ownership
ofan real property acquired with.CPA funds and shall become a c;o-hol,dcr of the
preservation restriction
NOW THEREFORE,THE AGAWAM CITY COUNCIL hereby huther resolves,
appropriates and authorizes the expenditure of Community Preservation Funds in the
amount ninety nine thousand five hundred doll ( 9 , 00.0 ) from the Open Space
01 tee- MUKi o Cv edrN m »au - ce-~r r " � i
fund balance for the funding of an Agricultural Preservation Restriction on farmland
located at 792 Harry Street in,accordance with M.G.L. Ch. 44B, Sec. t and
TBE AGAWAM TOWN COUNCIL hcreby further resolves to accept the interest in the
real estate located at 792 Barry Street;and
THE AGAWAM TOWN COUNCIL hereby ftulher resolves that the mayor is authorized
to expend said funds,as permitted by law,and to do all things necessary for the purposes
so stated
Dated L(�lday of 2015.
PER CRIER OF THE AGAWAIM CITY COLNCIL
Christopher C.1 h, Ptesidcnt
1APPROVED AS F ► D LEGALITY
ent F. ia, City Solicitor
APPROVED AS TO APPROPRIATION
r AAAA A"
Ch l St.Jo Auditor
MAYORALACTION
Rcceived this 20th dayt f Ober .2015 Council Cl
Signed by Council President this 19th day of October, 201 S.
APEM; L QF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter,as
amended,I hereby
approve the passage ofthe above legislation on this, 20th day of
Qqober
a 2015.
a ZZ-
Rich A.Cohen, Mayor
DISAPERPYAL 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
,2015 for the following reason(s)M
Richard A. Cohen,Mayor A -
REnM OF LEGISLATION TO COUNCIULQERK
Returned to Council Clerk this 2 a' day of QgIghM 2015.
3
TR=2015 4
A RESOLUTION APPROPRIATING FROM THE COMMUNITY
PRESERVATION FUND AND AUTHORIZING THE EXPENDITURE OF
COMMUNITY PRESERVATION FUNDS TO FUND THE AGRICULTURAL
PRESERVATION RESTRICTION ON FARMLAND LOCATED AT 792 BARRY
STREET AND TO ACCEPT AN INTEREST IN REAL ESTATE
Whereas,voters of Agawam,chose to fora a Community Preservation Committee
(CPA); and
Whereas,pursuant to Massachusetts General Law Chapter 44B, Section (2) allows the
CPA Committee to make recommendations to the legislative body, and
Whereas,pursuant to Massachusetts General Law Chapter 4413, 'Section ( )(d) states
that the legislative body shall then take such action and approve such appropriations for
the CPA Committee;and
Whereas, the Town has been notified that the State has;approved funding an agricultural
Preservation Restriction (APR) application and has asked for a 1 Q%match from the
Town; and
Whereas,the local matching requirement is intended to promote a local commitment to
agriculture and protecting farmland, and
Whereas,The Community Preservation Committee has recommended appropriation and
expenditure in the amount of ninety nine thousand five,hundred dollars ( 99,5 00)
from the Open Space fund; and
Whereas,the expenditure will preserve land located 792 Barry Street;
Whereas,the preservation of farmland is a priority in the Ton's Open Space and
Recreation Plan and also in the CPA Plan; and
Whereas, the Restriction constitutes and interest in real estate pursuant to M.G.L. ch.
44 , §l (a); and
Whereas,the Section l (a)of the CPA legislation requires the Town have co- ownership
of an real property acquired with CPA funds and shall become a co-holder of the
preservation restriction;
NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby further resolves,
appropriates and authorizes the expenditure of Community Preservation Funds in the
amount ninety mine thousand five hundred dollars ($99,500.0 )from the Open Space;
ftaid balance for the funding of are Agricultural Preservation Restriction on farmland
located at 792 Barry Street in accordance with M.G.L. Ch. 44B, Sec.- d
THE AGA CAM TOWN COUNCIL hereby further resolves to accept the interest in the
real estate located at 792 Barry Street, and,
THE AGAWAM TOWN COUNCIL hereby further resolves that the Mayor is authorized
to expend said funds, as permitted her law, and to do all things necessary for the purposes
so stated;
Dated this day of , Q l S.
PER ORDER OF THE AGA VAM CITY COUNCIL
Christopher C. Johnson,President
APPROVED AS Fr FORM AND LEGALITY
Vincent F.`Ngkia, City Solicitor
APPROVED AS TO APPROPRIATION
Cheryl St. Jo , Auditor
Vince Gioscia'
From: Vince Gioscia
Sent: Wednesday, September 30, 2015 9:57 AM
To Pamela Kerr
Subject RE DRAFT Resolution-Sloane APR.docx
Tracking': Recipient- Delivery-
Pamela Kerr Delivere&9/30/2015 9:57 AM
Send blank documents. We can attached this email and send to council so it won't be held up.
Vincent F.Gioscia,Esq.
City Solicitor
Agawam Law Department`
36 Main Street
Agawam, MA 01001
Telephone:413-786-0400 ext.8281
Facsimile: 413-786-9927
E-mail: solicitor@,agawam.maus
--- Original Message-----
From: Pamela Kerr'
Sent:Wednesday,September 30, 2015 9:56 AM
To: 'Hopson,Barbara (AGR)'
Cc:Vince Gioscia Vince Gioscia
Subject: RE: DRAFT Resolution-Sloane APR.docx
I'll check with our Solicitor to see what he would prefer and get back to you.
Thanks,>
Pam
-----Original Message-----
From: Hopson, Barbara (AGR) [ma i Ito:barbara.ho son CeDstate.ma.us
Sent:Wednesday, September 30, 2015 9:53 AM
To: Pamela Kerr
Subject: RE: DRAFT Resolution-Sloane APR.docx
Hi Pam:
I can send you a copy of the blank APR document and co-holder„I'll be drafting the actual restriction this week. Would
you prefer to wait for the actual language?The template is the same,it's,just filled in with correct owner, acreage,etc.
Thanks!
Barbara
Barbara L.Hopson
7
Department of Agricultural Resources
101 University Drive,
Amherst, MA 0100
(p) 13-548-1906
( 413-548-1901
From: Pamela Derr[PKerr@agawam ma.us]
Sent:Wednesday, September 30, 2015 9:18 AM
To.Vince Gioscia;Vince Gioscia; Hopson, Barbara (AGR);
Cc Jennifer Bonfiglio; Marc Strange
Subject: RE: DRAFT Resolution Sloane APR,docx
Hi Vince-I've attached the resolution and co-holders(un�executed copy)agreement for the last APR we did
(Farnsworth).The State will be drafting the restriction and will forward the co-holders agreement after the;Council votes
to approve the CPA funds. I've cc'd Barbara Hopson of Mass. CHAR on this email and she can correct me if I'm wrong, Let
me know if you need any additional information.
Pam
From:Jennifer Bonfiglic
Sent:Tuesday,September 29, 2015 3:57 PM
To:Vince Gioscia
Cc: Pamela Kerr
Subject: RE. DRAFT Resolution—Sloane APR,docx
I believe Ram has the details.
Jennifer Bonfigh , MCPPt
Town of Agawam
Chief Procurement Officer
ibc nfielio' a awam.ma us<rnailto:ibonfielio iaeawaM_ up
(413)726-9742 (Direct Line)
(413)786-9927 (FAQ{)
[ci :ima e0O1.' OIDOFB60.FO8E1S60)
From: Vince Gioscia
Sent: Tuesday,September 29,2015 357 PM
To Jennifer Bonfglio
Subject: Re: DRAFT Resolution Sloane APR.docx
Who is drafting the restriction?
Vincent F. Glosci , Esq.
City Solicitor
Agawam law Department.
36 Main Street
Agawam, MA 01001
Ph..413-786-0400 ext, 8281
Fax. 413-7`86-997
E-mail. Sol icitor+@aeawam.ma.us<mailto:SallcitgL@agawam_,ma.us>
2
Sent from my Wad
On Sep 29,2015, at 11,4S AM,Jennifer Bonfigho<)Bonfig lid agawam.ma.us<ma:tlto.jBonfigk@agawam.maus>>
wrote:
This needs the additional language for the town being the co-holder of the restriction. I added some.
Is the title ok or should we add to that as well?
Jeri
Jennifer Bonfiglio, MCPPO
Town of Agawam
Chief Procurement Officer
lbo"fi I i o@agawa M,ma.us<ma i Ito:ibonfiglio@ aggwa m ma.0 >
(413)726-9742(Direct Line)
(413)786-9927(FAX)
<imageOO1.jpg>
<Resolution—Sloane APRdocx>
Confidentiality Statement
This Town of Agawam electronic message along with any corresponding attachments may contain privileged or
confidential information.This information is for the use of the intended recipient(s)only.Any disclosure,copying,
distribution,or use of the contents of this message in any manner is strictly prohibited by anyone other than the
intended recipient(s).if you have received this email in error, notify the sender immediately by email and delete all
copies from your network.
3
Barbara bard
Frain; john.sloane@comcast.net
Sent: Wednesday,September 30, 2015 7:52 AM
To barbara bard
Subject: Sloane Farm APR
Barbara,
Cathy and I appreciate your assistance with the APR for our farm at 792 Barry Street,
Feeding Hills, NIA. Following is our input to the Agawam Town Council. We have
considered this matter very seriously for some time before deciding
to proceed'.
Cathy's father, whose involvement with the family farm dates back to the 1930's,
wished the farm to be protected, which is our desire also. As stewards of this farm,
and without children and with the years catching up with us, we have thought long and
hard about this important step in order to protect this productive, as well as
picturesque, agricultural land. The farm's adjacent location to existing APR land'
parcels would represent a positive expansion of protected land in Agawam that we can
be proud of. We have worked through a multi-year effort to implement this APR. It is,
therefore, our hope that the Agawam Town Council will approve this
APR. Subsequently, we will be selling the farm in its entirety to a long-term local
farmer.
Since this process has been ongoing for a number of years, and we could not predict
its time line, we made flight and hotel arrangements earlier this year to visit my
relatives in Austria. We will be Leaving on Sunday, October 11th, returning Thursday,
October 22nd
Prior to Council meetings we would be more than happy to answer questions. We can
be reached at (mobile) 413-575-1510 and/or (email) iohn.sloanecomcast.net
Sincerely,
John & Cathy Sloane
r
r
w' (
tl:
j i !
s
• � {� y ?�j���`'���t ;�^�, t '�}''{{ r �'4�U`���`4",:tt;,;3 cc',t'l Jt:�.�..
t
t
1
is Project Inforunation
Project r. '' BarryStreetPreservation Restriction—Local Contn'b:: on
r �. "Mr'r �l� . . • � r r r r
Estimated start date. November, r completion date,
CPA r+ rr
Person(D Open Space Ej Historic Preservation Community 146using 0 itetireation
II: Applicant/Developer Inforniation
Contact r or/primary applicant:
Office of Planning ® Development
Marc Strange, Director
Organizatio applicable): Agawam
M r rliftr
r
I11: Budget uniiliary
Total budget for project: $995,000
CPA funding request: $99,500'
Other Funding Source': Mass. a artme t ricultural Resources $895,500
IA-I(
\ ",
Applicant's Signature: r
Date Submitted
0
1
1
1
CERTIFICATE OF NON-COLLUSION
The undersigned certifies under penalties of perjury that this proposal has
been made and submitted in good faith and without collusion or fraud with
any person.As used in this certification, the "person" shall mean any natural
person, business;, partnership, corporation, union, committee, club, or other
organization, entity, or group of individuals,
Signature o pe son signing application
Mare Stran&e
Print Marne
Director
Title
Office of planning&Community Development
Name of Organization/ Business
Sloane, 792 Barry Street Agricultural Preservation restriction Focal Contribution
Project Name (As is on your submission)
Date
Project Narrative
The preservation of Agawam's few remaining farms has been a priority of the Town's Open Space and
Recreation Plans since the 1980's. In the Town's current plan Section 8, Goals and Objectives, contains
the following:
Goal#3: Preserve natural resources,habitat systems and farmland.
D. Actively pursue farmland preservation.
Goal# 5: Explore and pursue all sources of funding to support open space and
recreation activities and facilities.
C. Promote participation in the APR (Agricultural Preservation
Restriction) Program.
Within multiple years of the Five Year Action Plan of the Open Space and Recreation Plan, is the
following recommendation:
Agawam has lost more than 70% of its farmland since' 1950. During the early 1980's
neighborhood meetings were held with all of the farmers in an attempt to encourage them
to sell their development rights under the Agricultural Preservation Restriction Program.
To date, eight (8) farms have been granted APR's for a total of approximately 270
protected acres.
The Town should resume its efforts to encourage farmers to apply to the APR Program.
The Land Preservation Committee should be reactivated or another similar committee
should be formed to undertake this task. Community Preservation Act funds may be used
for the Town's contribution for successful APR's.
In addition to the promotion of APR's in the Town's various Open Space and Recreation Plans, the
Town commissioned Baystate Environmental Consultants, Inc. to prepare a report entitled "Agawam
Farmlands:-.A Plan for Preservation" in 1983. The Plan was endorsed by the Agawam Town Council on
March 23, 1983. The purpose of the Plan was to develop a strategy to curb the loss of farmland in
Agawam. The Plan contained a list of farms for which APR should be sought. The Sloane farm was
one of these farms.
The Sloane farm is located on the north side of Barry Street. The APR will protect 82 of the 99 acres of
farmland. There is a pond and wetlands on the property. Tobacco is the principal crop. The property is
currently under Chapter 61A Farmland Assessment. Immediately across Barry Street to the south is the
Berry farm which is an APR property.
At its meeting held on March 8, 2012, the Agawam Conservation Commission voted unanimously to
support the Sloane APR application. The Commission also recommended that the Town's contribution
of the APR value be sought from the Community Preservation Act fund,
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' ATTACHMENTS
THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Department of Agricultural Resources
101 University Drive, Suite C-4, Amherst, MA 01002
6413-548-1906 fax: 413-548-1901 www.mass.gov/agr 111111nus11111fr%
lmaw OF AGRICULTURAL RUOURCU
CHARLES D. BAKER KARYN E. POLITO MATTHEW A. BEATON JOHN LEBEAUX
Governor Lt.Governor Secretary Commissioner
September 11,2015
Pamela R. Kerr
Administrative Assistant
Office of Planning& Community Development
Town of Agawam
36 Main Street
1 Agawam,MA 01001
RE: Catherine A. and John Sloane Agricultural Preservation Restriction(APR) Project on Barry Street, Feeding
Hills, MA. Request for Local Contribution
Dear Ms. Kerr:
1 The Agricultural Preservation Restriction(APR) Program is in the process of acquiring and APR on approximately
82 +/-acres of farmland owned by Catherine and John Sloane on Barry Street in Feeding Hills. The APR value as
established by appraisal is $995,000 or$11,789 per acre. The Department is allowed to exceed the cap of$10,000
,' per acre for projects meeting several criteria including proximity to existing APR properties, prime and state
agricultural soils and threat of development. In fact, the hypothetical residential subdivision included in the
appraisal yielded 50 potential residential lots. The Sloane property scored very high in the over the cap eligibility
criteria rating and is an important agricultural resource to permanently protect.
In order to exceed the $10,000 per acre cap,there must be a 10% local contribution of$99,500. MDAR is fully
committed to contributing$895,500 toward acquisition of an APR on the Sloane farm property. I respectfully
requesting that the Town of Agawam appropriate $99,500 to apply toward acquisition of an APR on this
outstanding farm parcel.
Thank you and please feet free to contact me at barbara.hopson(@state.ma.us or 413-548-1906 if you have any
questions or require additional information.
Sincerely,
wl-
Barbara L. Hopson
APR Field Representative/Land Use Administrator
Cc Marc Strange, Director Planning and Community Development
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' PARCEL MAP
4'
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t e '
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fir] 1,C� Ca"•'' =3 4.�6u.,.�mt R lam. J —�
r
+ ` 4
+`fit,•'
Vl-
191
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The information depicted on this map is for
planning purposes only.,It is not adequate
for legal boundary definition, regulatory 792 Barry Street
interpretation, or parcel-level analyses.
1:8340
9/10/2015 8:52.44 AM 1"=895'
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PREVIOUS LETTERS OF SUPPORT
1,
TOWNOFAGAWAM
f.1NSERVA77ON COMMISSION'
i March 9, 2012
Mayor Richard A. Cohen
36 Main Street
Agawam,'MA 01001
Dear Mayor Cohen
At its meting held on March $, 20;1 .,the Agawam Conservation Commission voted-
unanimously to support the Agricultural Preservation Restriction (APR) application by
Sloane for property on Barry Street. The Commission discussed the'To 's-monetary
contribution towards this application and the possibility of applying'f"or PA fiands for
this use. Theirvote included support for a 10%to 15% Town match if+CPA ftmds are
obtained.
If you have any questions,phase contact this office.
Sincerely,
A,
l4enry A. l .ozloski, Chairman
AGAWAM CONSERVATION COMMISSION
HA :prk
Town f Agawam
36 Main Street Agawam, Massachusetts 1001-1837
Tel. 413-786-0400 Fax 413-786-0927
March 19, 2012
Mayor Richard A. Cohen
36 Main Street
Agawam,MIA 01001
Dear Mayor Cohen:
At its duly called meeting held on March 15, 2012, the Agawam Planning Board
voted to support the APR application for 99 acres of land located at 792 Barry Street and
awned by the.Sloane family.
Sincerely,
Travis P. Ward, Chairman
AGAWAM PLANNING BOARD
1
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1
e TOWN COUNCIL CORRESPONDENCE
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� Gq�
AGAWAM CITY COUNCIL
36 MAIN STREET
AGA'WA , MASSACHUSETTS 010.01
May 20, 201
rr
Ronald Hall
Department of Agricultural Resources
101 University Drive, Suite -
PRESIDENT Amherst,MA 01002
Christopher C. Johnson
VICE PRESIDENT Re APR Project name Sloane'ID l SCOI
Dennis J, Perry Tear Mr. Hall.
COUNCILORS
George Biizas As President of the City Council, please consider this letter as
Cecilia P. Calabrese certification that theabove-referenced notice was properly posted in the
.Paul C: Cavallo office of the City Clerk as well as being read into record at the Regular
.frames n, Cichetti Agawam City Council Meeting dated May 4, 2015. Copies of the Agenda
Gina M. Letellier and Minutes are enclosed for your convenience.
Joseph Mineo
Donald M, R eoull Also enclosed is a Consent of Reduction of Notice Period signed by Mayor
Robert E. Rossi
Ant �,ry lt..�u,,�"riti Richard A. Cohen, It is understood that:additional signatures are wired
from other legislators to obtain a 60 day waiver.
ADMINISTRATIVE Very truly yours,
ASSISTANT
Barbarea A Bard
Christopher C.Johnston,Pre id
Agawam!City Council
CC11bb
Enclosures
cc: Mayor, Full Council
TELEPHONE
(413) 726-9716
FAX
(413) 772
�'6-971
EMAIL
board agarwam.mat.us
THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Department of Agricultural Resources
101 University Drive, Suite C-4, Amherst, MA 01002 DAR'
www.mass.goviagr MAS ACHUSMS OMAIMEM
fax: 617-626-1850 OF AIRMULTURAL RESOURCES
April 23, 2015
To: City Council President
Agawam Town Hall
36 Main Street
Agawam, MA, 01001
Re: APR Project name Sloane ID N 15CO],
As required by General Laws Chapter 7C, Section 37, enclosed please find:
1) A "NOTICE OF PROPOSED ACQUISITION", commonly known as the 120 Day Notice",
informing you that the Commonwealth of Massachusetts, acting through its Department of Agricultural
Resources ("MDAR"), proposes to purchase an Agricultural Preservation Restriction ("APR")on
farrnland in your municipality as described in the enclosed Notice. The return receipt attached to this
packet will confirm thalyou have received this notice.
2) A"CONFIRMA TION OF NOTICE"'on this project. We ask thatyou(])post andlor publish this NOTICE,
and(2)hold apublic announcement at which the NOTICE OFPROPOSED ACQUISITION&read into the
record This can be at a regular Select Board or City Council meeting,or at another public meeting for which
standard legal notice was given. Please understand that the municipality need not take any action or vote
concerning the acquisition-the announcement is for informational purposes only.
3) A "CERTIFICATE FNOTICE" that, following said adequate notice, the hearing/public
announcement mandated by Section 37 has been held within the municipality not later than 120 days prior
to the planned acquisition. Once the meeting has been held, please complete and return the enclosed
signed "Certificate of Notice" in the attached postpaid envelope. The date that you certify for the
announcement starts the minimum 120-day (4 month) clock for closing on the APR.
4)A "CONSENT TO REDUCTION OF NOTICE PERIOD" for this project. The law also allows for
reduction ofthe notification period ifthe local public officials and legislators so agree. Because of
MDAR's priority classification of this farmland for protection, we ask that your municipality agree to
reduce the 120 day notification period to 60 days to expedite the process. The closing for this project is a
time-sensitive matter, and your cooperation,in this request is very much appreciated by the Department.
If you have any question regarding this proposed acquisition, I can be contacted at 413-548-1903. Thank
you for your assistance,
Sincerely,
APR Program Coordinator
Cc: Barbara Hopson
OF AN AGRICULTURAL PRESERVATION TRI TIi
ON PROPERTY IN THE CITY/TOWN OF.GAW
Date of this Notice: AgriI23, 2 15
Notice of proposed acquisition is hereby given to
( ) Chair of the Select Board of the Town of ,or
( ) Mayor or City Manager of the City of Agawam
Separate notice will be given by the Department to the appropriate: County Commissioners,
P
Regional Planning Agency, and the members of the General Court representing the district in
which the land is located.
In compliance with Cr. L, c, 7C, Section 37,the Commonwealth Massachusetts, acting by and through its
Department of Agricultural Resources(the "Department"),hereby gives notice that it proposes to acquire an
agricultural preservation restriction("APR') on the real property identified herein for the purpose of protecting ih
perpetuity its superior and productive agricultural resources by preventing their conversion to other lases.
The application received by MDAR indicates that the property is owned by John and Catherine A.Sbane and
consists of parcel (s)located on Barry Street in the Feeding Hills section of Agawam as approximately
represented on the attached map. The APR may encompass all or parts of the area shown:
The current use of the property is primarily fat tobacco and ha production;
Following the recording of the APR,the use of the subject property is limited to agricultural use as more
particularly set forth in the APRdocument,the General Laws [Chapter 184, Sections 31),and the Regulations of
the Department(330 CMR 22.00 et seq]
Massachusetts Department of Agricultural Resources, by
1
Ronald Hall,APR Program Coordinator
APR Project ID #1seoz sioane Version 3/1 0/ 014
C0NF1MMT10N.0FN0T10E
REGARDING PROPOSED ACQUISITION
4F AN AGRICULTURAL PRESERVATION RESTRICTION
In compliance with the G.L. c. 7C, Section 37, notice is hereby given that an announcement at a public meeting
was held for the purpose of disclosing the conditions or reasons supporting the Commonwealth's proposed
acquisition of are agricultural preservation restriction("API )on certain property in the Municipality of Agawam
as more particularly described in the attached NOTICE OF PROPOSED ACQUISITION
The date,time,and place of the hearing are as follows:
Date: 0
Time: ,
Place:
CER IFFI ATE QF N0TICE
I certify that this Confirmation of Notice Regarding Proposed Acquisition of an Agricultural Preservation
Restriction was posted or published in the following..manner:
I fluther certify that an announce nt was held at the place,date,and time indicated"in this Notice.
x
(name and title: S f 01f)S O
4(71-51cunf
Please complete this farm and retw-n to:
Ronald Mall
Department of Agricultural Resources
101 University Drive,Suite`C-4
Amherst,MA 01 0
APR Project ID# ISM Sloane Version J1 U1 014
4 ,
CONSENT TO RED TION OF NO TICE PERIOD
APR Project Name and Number: _
5 C o
As authorized by the Massachusetts General Laws Chapter 7C, Section 37, the undersigned and duly
authorized representative(s) of the town/city of A
Zawam do hereby consent to a reduction of the 120 day
notice period prescribed for the announcement at a public meeting on the Commonwealth's proposed
acquisition of an Agricultural Preservation Restriction referenced above to not less than 60 days.
Date: VNII 2
Yf lta ,&
rgnature Marne Title
Signature Name Title
Signature Name
Title
Si "Title
Signature lame
Signature Name 'Title
Additional signatures are req fired for a 60=day Waiver from om legislators and Regional Planning Agencies,
MDAR will attain those additional approvals,
Please complete this farm and return to
Ronald Hall
Department of Agricultural Resources
101 University Drive,Suite C-4
Amherst,MA 1002
APR Project ID#,ISCa1 Sloane Version /10/2014
Tt1 TIC'E OF PROPOSED A C"QL ITIf1N
OF AN AGRICULTURAL PRESERVATION RESTRICTION
CAN P OPtRTY IN THE CITY/TOWN OF A AW,
Date ofthis Notice: ri[2 2ti1 S
Notice of proposed acquisition is hereby given to-
( Chair of the Select Board of the Town of , or
( ) Mayor or City Manager of the City of Agawam
Separate notice will be given by the Department to the appropriate. County Commissioners,
Regional Planning Agency, and the members of the General Court representing the district in
which the Land is located.
In compliance with G. L. c.'7C, Section 37,the Commonwealth Massachusetts, acting by and through its
Department of Agricultural Resources(the"Department"),hereby gives notice that it proposes to acquire an
agricultural preservation restriction("APR")on the real property identified herein for the purpose of protecting in
perpetuity its superior and productive agricultural resources by preventing their conversion to other uses.
The application received by MDAR indicates that the property is owned by John and Catherine A. Sloane and
consists of parcel (s)located on Barry Street in the Feeding Hills section of Agawam as approximately
represented on the attached map:The AIR may encompass all or parks of the area shown;
The current use of the property is primarily for tobacco and hay production
Following the recording of the APR,,the use of the subject property is limited to agricultural use as more
particularly set forth in the APR document,the General Laws [Chapter l'84, Sections 3 1j, and the Regulations of"
the Department [330 CMR 22,00 etseq]:
Massachusetts Department of Agricultural Resources, by;
Ronald Hall, APR Program Coordinator
APR Project ID 1 C01 Sloane Version 3/10/2014
FA
,rf
AGAWAM CITY COUNCIL
36 MAIN STREET
AGAWAM, MASSACHUSETTS 01001
�v
REGULAR CITY COUNCIL MEETING
ROBERTA G.DOERING SCHOOL
68 Main Street, Agawam,Massachusetts
***Monday, May 4,2015 ***
7:00 P.M.
PRESIDENT AGENDA
Christopher C. Johnson
1 VICE PRESIDENT A. Roll Call
Dennis J. Perry
COUNCILORSB. Moment of Silence and the Pledge of Allegiance
George Bitzas C. Citizen's Speak Time
Cecilia P. Calabrese
Paul GG Cavallo D. Minutes
James A, Cichetri
Gina M. Letellier
Joseph Mineo 1. Regular Council Meeting—April 21,2015
1 Donald M Rheault
Robert E. Rossi E. Declaration from Council President
rinthonj R Euffriti -
.1. Notice .of APR project name Sloane ID#15CU1 fouroperty,
ADMINISTRATIVElocated on Barry Street in Feeding Hills,MA.
ASSISTANT F; presentation,pf)!etitions and Resolutions
Barbara A. Bard
1. TR-2015-20- - A'Resolution confirming-the appointment of
Timothy McGrew, 99 Red Fox Drive, Feeding Hills, MA� U1030 to the: Agawam Board of Registrars to a term expiring April 1, 2019(Mayor)
2. TR-2015-22 - A Resolution requesting the Agawam City
Council petition for the enactment of Special Municipal Legislation
concerning the retirement of Special Police Officers in the Town of
Agawam(Mayor)(Referred to Legislative'Commlttee)'
3. TR 2015-23" -A Resolution revising appropriation
requirement from the Community preservation Fund and authorizing the
expenditure of Community Preservation Funds for the creation of a dog
park as a recreational Use at Shea Field (CPA)(Referred to
Community Relations Committee)
TELEPHONE
(413)726-971,6' G- Report of Council Committees
FAX H. Elections
(413) 726-9717
EMAIL
bbard@agawam,ma.us
1
1. Public Hearings
1. T1-2015-21 (PH-2015-2) - A Resolution adopting Me
Fiscal Year 2016-2020 Capital Improvement Program. Public Hearing
Dale set or June 1, 2015 (Mayor) (Referred to Finance Committee)
J. QU2u_siness
L TO.2015-16 -Budgetary Transfer from Building
Maintenance Regular Permanent (911921-51010) of $10,000.00 to
Building Maintenance Overtime(#11921-5103 0)for additional funds to
cover unanticipated shortage due to two unfilled positions. (Mayor)
Referred to Finance Committee)
2. TO-2015- 17 - An Order granting or renewing an Automatic
Amusement PE for Six Flags Now England, 1623 Main Street,
Agawam,MA. (Clerk)(Referred to Administrative Committee)
31 TO-2015-18 - Budgetary Transfer of $30,000.00 from
Police Regular Permanent Account (#12101.51010)to Police'Overtime
Account(#1210151030)(Mayor)(Referred to Finance Committee)
4 TO-2015-19 -Budgetary Transfer of$30,000.00 from Police
Court Time Account (#12101 5 1080) to Police Overtime Account
(#12101-5103 0)Mayor)(Itelerred to Finanee Committee)
K. NnJB-usinw
I, TO-2015-20 -An Order granting a Class 2 Dealer's
LICENSE to Malkoon Motor Sales, Inc., 825 Springfield Street
Agawam,MA. (Clerk)
2. TO-2015-21 -An Order granting or renewing a Junk
Dealer's PERMIT for T's Jewelers, 559 Springfield Street, Feeding
Hills,Mk(Clerk)
3. TO-2015-22 - A budgetwy transfer of $234,018.56 for the
Department of Public Works from the Reserve Fund 16605-57300 to
Highway Ice Control Materials(14203-52210)(Mayor) -
4. IR-2015-24 A resolution accepting a gift from Ronald
Waite pursuant to Massachusetts General Laws Chapter 44, Section 53A
to the Agawam Golf Course.(Mayor)
5. TR-2015-25 - A resolution authorizing the appropriation to.
fund deficits in Snow and Ice overtime and equipment rentals snow
accounts(mayor)
L. Any_other matter that may legally come before the City Council,
Adjournment.
REGULAR MEETING OF THE A GA WAM CITY COUNCIL
Minutes dated May 4, 2015
Meeting was called to order by President Johnson at 7:00pm at the Auditorium at the Roberta G.
Doering School,68 Main Street,Agawam.
Lte_m A. Roll Call
ROLL CALL—10 PRESENT, I XBSENT(Councilor Letellier)
Roll Call was taken with the following councilors present:George Bitzas,Cecilia Calabrese, Paul
Cavallo, James Cichetti, Council President Christopher Johnson, Joseph Mineo,'Tice president
Dennis Perry, Donald Rheault, Robert Rossi and Anthony Suffriti, Councilor Letellier would be
a little late. With ten councilors present, there was a quorum.,
Item B. Moment of
gnd the Pledge of Aftz:ance.
President Johnson asked fora moment of silence and the Pledge of Allegiance.
Item C 0 i Li en IN Speak
Three citizens were signed up to speak. Gary O'Brien spoke in opposition to TR-2015-22 stating
that as a police officer one takes an oath to"enforce laws" and age 65 is the mandated retirement
age period. Joseph Davis spoke in support of TR-2015-22 saying the special police are ready to
protect and serve and should be allowed to work through their 60's. John Coughlin also spoke
asking for speed limit to be reduced on Springfield Street and to increase the lighting in that area
as well as repairing the sidewalks which are in extremely poor condition causing people to walk
in the street,
Item D. lllinutes
1. Regular Council Meeting—.April 21,2015
Motion to approve the April 21, 2015 Regular City Council meeting minutes was made by
Councilor Cavallo and seconded by Councilor Cichetti. The minutes were approved by a voice
vote of., 9 Yes,0 No and 2 Abstentions (Councilors Calabrese and Letellier)
Item E Declaration born Council President
Council President Johnston read the Notice of APR project name Sloan ID#i C01 for property
located on Barry Street in Feeding Hills, MA. into record,
In compliance with el.L.c.7C,Section 37,the Commonwealth Massachusetts,acting by and through its
Department of Agricultural Resources(the"IJcpatt;nent"',hereby gives notice that it proposes to acquire an
agricultural preservation restriction C APR")on the real property identified herein for the purpose of protecting in
perpetuiry its superior and productive agricultural resources by preventing their conversion to other uses.
The application received by MDAR indicates that the property is owned by t&6rr and Cathering A thane and
consists of l(a)located on Barry street its the Feeding Hilts section of Agawam as:approximately
repreteuted on the alttacbod map,The Apia.may enoompass all or parts of the area shown,
The current use of the property is primarily far tr3l-a% DA hav o AU-cti9
Following the recording of the APR,the use of the subject property is limited to agricultural use as more
particularly set forth in the APR document,the General taws[Chapter 184, Sections 31;j,and the Regulations of
the Department(330 CMR 2100 et-saqj.
kNVEasstachusetts Department of Agricultural Resources by:
Roriaid Hall,AIR Program Coordinator
Item F. Presentation oLPefidons,Memorials&Rentonstrancet
1. -2015-20 -A Resolution confirming the appointment of Timothy McGrew, 99
Red Fox Drive, Feeding Itills, MA 01030 to the Agawam Board of Registrars to a
term expiring April 1,20191(Mayor)
,Motion to approve made by Councilor Calabrese and seconded by Councilors Cicetti and
Rheautt
The vote was. 11 YES,tl NO in favor.
. TR-2015-22 -A Resolution requesting the Agawam City Council petition for
the enactment of Special Municipal Legislation concerning the retirement of Special
Police Officers in the Town of Agawam (Mayor)
Motion to approve made by Councilor Bitzas and seconded by Councilor Letellier. As Chair of
the Legislative Committee, Councilor Cichetti provided a report. Discussion began with
Councilor Bitzas stating he was in favor for many reasons including special police are dedicated
and only perform the jobs when regular police officers are not available and are required to have
an annual physical. Councilor Letellier also supported this item stating being physical and
mentally fit is not;limited to age. If the Chief of police felt an individual were no longer fit for
duty,then she has faith he would remove him from service. She also stated that in the event of an
emergency, it is good to have there. Councilor Cavalio also mentioned the he agreed that the
Chief maintains control over the Special Police and was satisfied enough that he 'would vote in
favor. Councilor Rossi cited many laws mandating the retirement age of police officers as well as
state troopers. He also stated that if the Special Police has the same power as a regular police
officer, then they should have the same standards, rules, guidelines and retirement requirements
as there as well. He feels that this resolution was placed on the Council Agenda for the benefit of
only a few and not in the town's best financial interest and urged the Council to leak carefully at
this. Council President Johnson stepped from the Chair to state that the distinction gets lost with
the resolution and he cannot reconcile it and believes it should be redrafted to specify the Special'
Police work only for road details up to age 70. If there was truly a shortage of officers in the case
of an emergency, they could still work and do not need full policing powers, Councilor Letellier
also mentioned that the Special Police are not taking jobs away from regular Police Officers. If
there were no available jobs, then the Special Police would not be needed. Council President
Johnson said there indeed,is a need for specials to fill the open jobs that the regular Police
Officers cannot do and again suggested a redraft of the item. Councilor Bitzas said he agreed
with Councilor Letellier and reminded everyone that we aren't the only town to have this in front
of them —that there are 121 towns that have already passed this. Councilor Rossi replied that he
didn't know where that information came from and most of the communities in Western
Massachusetts do not have it and we cannot compare the Town of Agawam with some of the
small rural towns — many of whom do not have actual police forces or have only a few.
Councilor Cavallo said we should have faith in the Chief to oversee this program, Councilor
Rheault wondered why this was coming in front of the Council at this point? Why change it if it
already makes sense? He won't support it and commented to Councilor Cavallo that teaching
into your 70's is NOT the same as working as a Special Police Officer into their 70's.
The vote was 4 YES (Councilors Bitzas, Cavallo, Letellier and Suffriti), 7 NO (Councilors
Calabrese, Cichetti,Johnson,Mineo,Perry,Rhexult and Rossi). The item was defeated,
3. TR-2015-23 -A Resolution revising a propriation requirement from the
Community Preservation Fund and authorizing the expenditure of Community
Preservation Funds for the creation of a dog park as a recreational use at Shea
Field(CPA)
Motion to approve was made by Councilor Letellier and seconded by Councilor Cavallo, As
Chair of the Community Relations Committee, Councilor Calabrese provided a report and
mentioned the memo from Chris Sparks supporting and explaining this item basically due to
construction costs being less than the grant received. A reauthorization was needed to spend the
CPA funds. Councilor Bitzas said the ground breaking was last week and didn't cost the town
anything to which Council President Johnson reminded him that technically CPA funds are
coming from the town.
The vote was 11 YES,0 NO in favor.
Item 7 Reoort of Council Committees
None.
.item#_. Elections
None.
Rem
1. TR-2015-21 (PH-2015-2) - A Resolution adopting the Fiscal Year 2016-
2020Capital Improvement Program. Public Hearing Date set for June 1, 2015
(Mayor)Referred to Finance Committee)
Motion to table made by Councilor Cavallo and seconded by Councilor Perry. The voice vote
was unanimous.
3
w
Item 10 Old Business
1 TO-2015-16 Budgetary Transfer from Building Maintenance Regular
Permanent(#11921-51010) of$10,000.00 to BuildingMaintenance
Overtime(#11921-51030) for additional funds to cover unanticipated shortage due to
two unfilled positions. (Mayor)
Motion to approve made by Councilor Suffriti and seconded by Councilor Perry. Councilor
Rheault, as Vice Chair of the Finance Committee, provided a report.
1 The vote was 11 YES,0 NO in favor,
2. TO-2015 17 - An Order granting or renewing ;an Automatic Amusement
PERMIT for Six;Flags New England, 1623'Main Street,Agawam,M.A. (Clerk)
Motion to approve:was made by Councilor Rossi and;seconded by Councilor Cichetti. Councilor
1 Rossi, as Chair of the Administrative Committee, provided a, report and sent a positive
recommendation from his committee.
The vote was 11 YES,0 NO in favor.
3. TO-2015-18 Budgetary Transfer of$30,00000 from Police Regular Permanent
Account(#12101-51010)to Police Overtime Account(#12101 51030)(Mayor)
Motion to approve was made by Councilor Letellier and seconded by Councilor Cavallo.
Councilor Rheault again provided the report saying the Finance Committee sent a positive
recommendation for approval.
The vote was 11 YES,0 NO in favor.
4. TO-2015-19 -Budgetary Transfer of S30 000.04 from Police Court Time Account
(#12101 51080) to Police Overtime Account(#12101-51030) (Mayor)
Motion to approve was made by Councilor Letellier and seconded by Councilors Cichetti and
Perry. Councilor Rheault again provided the report saying the Finance Committee sent a positive
recommendation for approval.
The vote was 11 YES,0 NO in favor.
Item 11. 1 Lew Business
1.- TO-2015-20 -An Order granting a Class 2 Dealer's LICENSE to Malkoon Motor
Sales,Inc.,825 Springfield Street,Agawam,MA. (Clerk)
Next Agenda,referred to Administrative Committee;
4
2. TO-2015-21 - An Order granting or renewing a Junk Dealer's PERMIT for T's
Jewelers,559 Springfield Street,Feeding.Hills,MA.(Clerk)
Next Agenda, referred to Administrative Committee,
3. TO-2015-22 -A budgetary transfer of S234,018.56 for the Department of Public
Works from the Reserve Fund 16605-57300 to Highway lee Control Materials
(14203-52210) (Mayor)
Next Agenda,referred to Finance Committee.
4. Tk-2015-24 -A resolution accepting a gift from Ronald Waite pursuant to
Massachusetts General Laws Chapter 44, Section 53A to the Agawam Golf Course.
(mayor)
Next Agenda.
5. TR-2015-25 -A resolution authorizing the appropriation to fund deficits in Snow
and Ice overtime and equipment rentals snow accounts (Mayor)
Next Agenda, referred to Finance Committee.
Item 12. AU_other matter that nwE ler"11 come before the City Council
Councilor Calabrese began commending the Mayor and Department Heads for professional
appearance at recent meeting with the Lt. Governor at the Library. She learned quite a bit from
the Chief Gillis' presentation. Councilor Mineo asked for a Verizon tower update. Councilor
Letellier mentioned the horrible pot holes on Main Street by Valenti' and Dunkin Donuts and
wondered when the budget books would be received, (Since received on May 7,2015 as planned)
Council President Johnson mentioned these budget books would be scwmed individually by
tab/line item and suggested-a resolution from the Council regarding the potholes might get more
attention.
Adjournment.
The Motion to adjourn was moved and seconded with all in favor of adjourning. The time of
adjournment was 8.04pm,
5