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2008 PLANNING BOARD MEETING MINUTES � � { /� r�� 4 Agawam Planning Board August 7, 2008 Page 1 AGAWAM PLANNING BOARD August 7, 2008 MEMBERS PRESENT: Travis Ward, Chairman Elaine Awand Michael Morassi Marls Paleologopoulos MEMBERS ABSENT: ' Violet Baldwin ALSO PRESENT: m Pamela R. Kerr Co r Mr. Ward called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES —July 17, 2008 Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to approve the minutes of July 17, 2008 as written. VOTE 3-0-1 (Morassi abstained) 2. SITE PLAN—Optasite Towers—369 Main Street Attorney Carrie Larson was in attendance on behalf of Optasite Towers and explained that they have filed two special permit applications with the Zoning Board of Appeals: 1) for the construction of the cell tower; and 2) for work within the floodplain. She went on to say that an Order of Conditions by the Conservation Commission has been issued and recorded and that the Agawam Fire Department comments will be complied with. George Pendleton of The Maguire Group gave an overview of the project. He explained that the existing dirt access road will be utilized for the cell tower site with a minor modification being made and the roadway will be smoothed out and a new gravel base will be applied. He went on to say that it is a 75 square foot compound area to be fenced. Equipment shelters will be placed on sona tubes, raised 5' to 6'. He stated that the project will result in no net decrease in flood storage. The proposal is for a 170' monopole. Landscaping(evergreens)will be provided around the site with low vegetation being provided near the access road. Eric Fallon, Radio Frequency Engineer for TMobile went over coverage requirements and showed charts outlining the existing covered areas as well as proposed coverage with the new tower. Dean Gustafson of Vanasse Hangen Brustlin briefed the Board members on the wetland issues with the site and showed the enhancement of the wetland area near the access road. He stated that this area had shown some indicators of possible vernal pool habitat,however, it was not considered one. Mike Coppowatz of Vanasse Hangen Brustlin briefed the members on the visual analysis. He explained that a balloon was floated last Saturday and will be Agawam Planning Board August 7, 2008 Page 2 floated once again on August 18`'. Mr..Paleologopoulos asked if the proponent was aware that this area was a former dump and if so, do they know the soil condition where the tower will be placed. George Pendleton stated yes they were aware of that and they have pulled the grades back very slightly around the compound and that test borings will be conducted for the pole location. Mr. Paleologopoulos asked if there was a plan for an alternative location if poor soil conditions are found. Chuck Regulbuto of Optasite Towers LLC stated that additional borings would then be needed and they would come back to the Board if a change was necessary. Mr. Morassi stated that this area was used as a dump for an extended period of time. He requested that the Engineering Department be present when the test borings are dug. He then brought the historical presence along Main Street and asked if there were alternative pole designs pursued. Attorney Larson stated that this will be a monopole and will be camoflauged as much as possible and that they are open to possibilities. Mr. Morassi stated that he would like to see what the options are. Mike Coppawitz of VHB then stated that there is a corteen steel design with a rust finish which he feels would be suitable as it blends well with vegetation. He went on to say that the "tree poles" as seen on the Mass. Turnpike would not blend in with this area. Mr. Morassi then asked about the legal ruling and whether the entire parcel is now in the Overlay District. Attorney Larson stated that only the rear portion is in the Overlay District and that there will be a deed restriction stating that only one tower is allowed. Mr. Ward asked if there are any NHESP (endangered species)issues. Dean Gustafson of VHB stated that this area is not included in the NHESP mapping of endangered species.' Motion was made by Mr. Morassi and seconded by Ms. Awand to approve the site plan for Optasite Towers, LLC at 369 Main Street with the following conditions; the Agawam Fire Department comments shall be addressed; a representative of the Agawam Engineering Department shall be present when soil borings are being dug for the tower location; examples of the types of towers available shall be submitted to the Planning Board for its review, in terms of aesthetics, and approval. VOTE 4-0 3. REVISED SITE PLAN— 1744 Main Street—Cirillo Tony Cirillo was in attendance to present the Board with a revised site plan. He explained that his approved site plan shows two handicapped parking spaces at the rear of his building with a 37' handicapped walkway to a handicapped ramp. He is now proposing to move those two he spaces to the front of the building. He stated originally he was locating his grease interceptor in the front of the building which prohibited putting the two spaces there. He went on to say that the plumbing inspector has given him permission to install the grease interceptor within the building which would allow him to move the two spaces to the front of building. Mr. Morassi asked if he had it in writing that he is now allowed to move the grease interceptor. Mr. Cirillo stated he did not have it in writing. Mr. Morassi also asked if the ADA Committee had approved this change. The plan was sent to the Committee but no comments were received. Mr. Morassi asked that a letter be sent to the ADA Committee asking for their continents for the next Agawam Planning Board August 7, 2008 Page 3 meeting. Mr. CirilIo stated that his target date for opening the restaurant is labor day. He then stated that he also intends to construct the mini golf next spring and that"will be the end to his parking there". Mr. Paleologopouolos stated that the originally approved plan showed the handicapped parking spaces at the rear of the building and they are now right in front of the building at the window. Mr. Cirillo stated that his business will be all window service. Motion was made by Mr. Paleologopoulos and seconded by Mr. Morassi to approve the revised plan for Cirillo, 1744 Main Street with the condition that the Board receive written confirmation on approval of the relation of the grease interceptor to inside the building as represented by the applicant. VOTE 3-1-0 (Morassi opposed) 4. FORM A--Kosak Court—Boglisch This plan shows an existing 50' right of way on the Boglish property being moved two lots over. Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to approve the plan for Boglish on Kosak Court under"Subdivision Control Law Not Required". VOTE 4-0 FORM A—Southwick Street—Boglisch This plan shows the creation of four lots on the Boglisch land with frontage on Southwick Street. There was discussion regarding the frontage on one of the lots as there is a"jog"in the frontage line. Attorney Simon Brighetnti was in attendance and explained that is the current property line of the Southwick Street right of way and was not created with this application. Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to approve the plan for Boglisch on Southwick Street under"Subdivision Control Law Not Required". VOTE 4-0 5, PUBLIC HEARING- Definitive Plan -Farmington Heights—Hillside Development Corp. Motion was made by Mr. Paleologopoulos and seconded by Ms. Awand to continue the public hearing for the Farmington Heights Definitive Plan to the next meeting as requested by the applicant's representative. VOTE 4-0 Agawam Planning Board August 7, 2008 Page 4 6. PUBLIC HEARING CONT.--Definitive Plan—Robin Ridge Estates— Banville/Toomey LLC Motion was made by Mr. Paleologopoulos and seconded by Ms. Awand to continue the public hearing for the Robin Ridge Estates Definitive Plan to the next meeting as requested by the applicant's representative. VOTE 4-0 7. PRELIMINARY PLAN—School Street—Cecilia Estates—Cinotta Motion was made by Mr. Paleologopoulos and seconded by Ms. Awand to continue the Preliminary Plan for Cecilia Estates to the next meeting as requested by the applicant's representative. VOTE 4-0 8. DISCUSSSION—Filing Fees The members had a brief discussion of the current filing fees and the information that was gathered on area town's filing fees. Mr. Paleologopoulos stated that it appears many towns charge on a per lot basis rather than per acre as Agawam. The members agreed that maybe more appropriate and agreed to continue this discussion at their next meeting as there was not a full board this evening. The meeting adjourned at 7:50 PM. . Agawam Planning Board August 21, 2008 Page I AGAWAM PLANNING BOARD August 21, 2008 o MEMBERS PRESENT: 4 Violet Baldwin, Acting Chairman Michael Morassi Mark Paleologopoulos f MEMBERS ABSENT: Elaine Awand ►v - Travis Ward ALSO PRESENT: Deborah S. Dachas Pamela R. Kerr Ms.Baldwin called the meeting to order at 7:00 PM. 1. APPROVAL OF MINUTES—August 7, 2008 Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to approve the minutes of August 7, 2008 as written. VOTE 2-0-1 (Baldwin abstained) 2. PUBLIC HEARING—Definitive Plan—Farmington Heights—Hillside Development Corp. Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to continue the public hearing for Farmington Heights to the next meeting as requested by the applicant's representative. VOTE 3-0 3. PUBLIC HEARING CONT.—Definitive Plan—Robin Ridge Estates— Banville/Toomey LLC Motion was made by Mr. Moras-s --seconded by Mr. Paleologopoulos to continue the public hearing for Robin Ridge Estates as requested by the applicant's representative as the Engineering Department comments are being addressed. VOTE 3-0 4. PRELIMINARY PLAN—Cecelia Estates—School Street—Cincotta Agawam Planning Board August 21, 2008 Page 2 Marc Shute of D.L. Bean, Inc. was in attendance along with Stephen Cincotta. Mr. Shute explained that as discussed at the last meeting, the three abutting pzoperty owners have been approached and all three have agreed to accept ownership of a small piece of this land. Mr. Shute stated that the land was offered to each for free. He stated that there is no longer a maintenance issue with the 15' strip. A sidewalk is shown along School Street to Hearthstone Drive and along one side of the new street. Mr. Cincotta stated that in speaking with the tree property owners regarding their acceptance of the portions of the 15' strip, there was a request for trees and for grass to be planted. He stated that he would have those specifics put into the letters of acceptance for the three property owners and will provide that to the Board. Lori Butt, 25 Hearthstone Drive was in attendance and stated that she was one of the three abutters who has accepted the land from Mr. Cincotta. Ms. Dachos explained that the land could not be conveyed until after the Definitive Plan is approved. Mr.Morassi asked that the frontage of lot 5 be shown on the plan. Motion was made by Mr. Morassi and seconded by Mr. Paleologopolus to approve the Preliminary Plan for Cecelia Estates on School Street with the condition that the frontage of lot 5 be shown on the plan; during the Definitive Plan stage the applicant shall provide the Board with adequate proof that the abutting property owners are in agreement to accepted the land as represented this evening; and all Engineering Department comments be addressed. VOTE 3-0 5. DISCUSION—Tower Types—Main Street—Optasite Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to table the : Optasite tower type discussion to the next meeting at the request of the applicant. VOTE 3-0 b. FORM A—Pleasant Valley Road— Carrier This plan shows a lot being combined with the two adjacent lots. Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to approve the. plan for Carrier on Pleasant Valley Road under"Subdivision Control Law Not Required". VOTE 3-0 7. DISCUSSION—Filing Fees The members had reviewed the information on filing fees of various other towns and all felt that Chicopee was reasonable and all agreed that a per lot charge be added as other towns do. Mr. Paleologopoulos felt that Easthampton's fees were also reasonable and in Agawam PIanning Board August 21, 2008 Page 3 conclusion,the following was agreed to: Form A's: $50.00 plus $20 per lot; Preliminary Plans: $250 plus$25.00 per lot; and Definitive Plans: $500 plus $75.00 per lot. A public hearing on the proposed new filing fees will be scheduled for September. 18a'. Motion was made by Mr. Paleologopoulos and seconded by Mr. Morassi to amend the agenda to include the"add-on's". VOTE 3-0 8. Commonwealth Capital Application Ms. Dachos stated that she has completed this year's Commonwealth Capital Application and would like a letter of support from the Board. She explained that this application must be filed and updated yearly for the Town to be eligible for certain grants or funding. Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to send a letter of support to the State on Agawam's Commonwealth Capital Application. VOTE 3-0 The meeting adjourned at 7:40 PM. Agawam Planning Board September 4, 2008 Page 1 AGAWAM PLANNING BOARD September 4, 2008 MEMBERS PRESENT: Travis Ward, Chairman a Michael Morassi Mark Paleologopoulos MEMBERS ABSENT: Elaine Awand ;T Violet Baldwin. ., G; v c: w ALSO PRESENT: Pamela R. Kerr Mr. Ward called the meeting to order at 7,00 PM. 1. APPROVAL OF MINUTES —August 21, 2008 Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to approve the minutes of August 21, 2008 as written. VOTE 2-0-1 (Ward abstained) 2. PUBLIC HEARING CONT. —Definitive Plan—Robin Ridge Estates— Banville/Toomey LLC Rob Levesque and Terry Reynolds of R. Levesque Associates were in attendance. Mr. Levesque stated that they have received a final sign off from the Engineering Department. He gave a brief overview of the project—500' street with cul-de-sac and six lots. An Order of Conditions has been issued by the Conservation Commission and they have also been working with the Natural Heritage Endangered Species Program and will adhere to their conditions as well due the presence of box turtles on the site. He explained that a homowners association will be formed and they will have responsibility of maintaining the detention pond. Mr. Ward and Mr. Morassi both expressed concerns over how enforceable homeowners associations are and whether the Law Department has given any feedback on them. Mr. Morassi asked about the amount and type of fill that . would be brought to the site. Mr. Levesque stated that there will be minimal fill as it will be basically at the same grade. Tom Lockwood, Cedar Knoll Drive stated that he will be building a very nice home in the subdivision and will serve as president of the homeowners association. He does not feel maintenance will be an issue as the subdivision is very small. There being no further input from the public, the public hearing was closed. Agawam Planning Board September 4, 2008 Page 2 Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to approve the Definitive Plan for Robin Ridge Estates with the following conditions: all executed easements must be submitted to the Board for approval; a Covenant and Performance Agreement must be executed; an executed copy of the Homeowners Association agreement must be submitted to the Board for approval; no change can be made to the lots, either number of configuration, without adhering to the requirements for amendment to a Definitive Subdivision Plan as outlined in Section 81-U of Chapter 41 MGL. VOTE 3-0 3. PUBLIC HEARING CONT. Definitive Plan—Farmington Heights This hearing was continued to the next meeting as requested by the applicant's representative. 4. DISCUSSION—Tower Types— Optasite—Main Street Attorney Carrie Larson was in attendance on behalf of Optasite, along with Mike Copowicz of VHB,Hollis Redding of Optasite and Attorney Simon Brighenti for Tmobile. The members had received packages in advance of the meeting and were able to view the various types of towers. Mr. Copowicz had stated at a previous meeting that he felt the CorTen Steel would be appropriate for this location. After viewing the various types, the members were in agreement that the CorTen Steel type be used. Motion was made by Mr. Paleologopoulos and seconded by Mr. Morassi to choose the CorTen Steel tower as the type to be used at the Optasite site at 369 Main Street. VOTE 3-0 Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to amend the order of the agenda. VOTE 3-0 5. FORM A— Southwick Street—Boglish This plan shows the creation of an additional lot on Southwick Street(previously approved plan showed four lots). Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to approve the plan for Boglish on Southwick Street under"Subdivision Control Law Not Required". VOTE 3-0 6. BOND STATUS —Giroux Estates—Poplar Development LLC Agawam Planning Board September 4, 2008 Page 3 The Engineering Department submitted a partial punch list. The developer has submitted a written request for an extension. Since paving is on the list, the members agreed that an extension to the spring of 2009 would be appropriate. Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to extend the Performance Agreement for Giroux Estates to May 1, 2009, VOTE 3-0 FORM A—Burlington Drive/West View Lane—Savonin This plan shows a small portion of the rear lot on West View Lane being deeded to the adjacent lot on Burlington Drive. The members did not like the"jog" in the new lot line and felt that the plan should show an entire strip of the back yard being added to the adjacent lot with a straight line rather than the "jog" in the line as shown. In conclusion, the members agreed to take no action on the plan. 7. REVISED LIGHTING PLAN—300 Suffield Street This item was tabled to the next meeting. The meeting adjourned at 7:55 PM. a Agawam Planning Board September 18,2008 Page 1 AGAWAM PLANNING BOARD September 18, 2008 MEMBERS PRESENT: Violet Baldwin, Acting Chairman Elaine Awand Mark Paleologopoulos Michael Morassi— 6:55 PM 4 MEMBERS ABSENT: c= Travis Ward I Z-F CF) 2r ALSO PRESENT: Deborah S. Dachos = 1� Pamela R. Kerr w ,rn Ms. Baldwin called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES— September 4, 2008 Mr, Paleologopoulos pointed out two types on page 3. A vote to approve was tabled to the next meeting as there wasn't a quorum with those in attendance to vote. Motion was made by Mr. Paleologopoulos and seconded by Ms. Awand to table approval of the 9/4/08 minutes. VOTE 3-0 2. PUBLIC HEARING CONT.—Definitive Plan—Farmington Heights— Motion was by Mr. Paleologopoulos and seconded by Ms. Awand to extend the time period for consideration of the Farmington Heights Definitive Plan for 60 days as requested and to continue the public hearing to October 16, 2008 also as requested. VOTE 3-0 3. SITE PLAN—V&F Auto—Springfield Street Frank Palange was in attendance to present this site plan which shows a 2200 SF addition to the rear of the existing building. He stated it will be the same color as the existing building and two new overhead doors will be installed. The plan has been revised per the Engineering and Planning Departments. Ms. Dachos asked if he was proposing a fence along the southern property line. Mr. Palange stated that there is an existing fence to the back of the houses. He stated that he had an issue with putting a fence in the WMECO easement and worried that area kids will congregate in this area if it is fenced. Ms. Agawam Planning Board September 18, 2008 Page 2 Baldwin asked if additional paving was proposed. Mr. Palange stated no, not at this time. Ms. Baldwin stated that she would like to make a site visit before requiring a fence along the south property line. After discussion, the members agreed to make the fence possibility part of the motion to approve. Motion was made by Mr. Paleologopoulos and seconded by Ms. Awand to approve the Site Plan for V&F Auto on Springfield Street with the following conditions: Engineering Department comments are to be addressed; the dumpster is to be fenced(size and type of fencing to be specified); a site visit will be conducted by the Planning Board members to determine if additional fencing is needed along the south property line. VOTE 3-0 4. REVISED LIGHTING—300 Suffield Street--Walz Ms. Dachos explained that the contractor on this job site contacted her with a request to reduce the proposed pole lighting on this property to two poles. The members viewed the plan and agreed to this. Motion was made by Ms. Awand and seconded by Mr. Paleologopoulos to approve the revised lighting plan for 300 Suffield Street, Walz. VOTE 3-0 5. REVISED SITE PLAN—Agawam Senior Center—Main Street Motion was made by Ms. Awand and seconded by Mr. Paleologopoulos to table the Revised Site Plan for the Agawam Senior Center to the next meeting. VOTE 3-0 Motion was made by Mr. Paleologopoulos and seconded by Ms. Awand to amend the order of the agenda and to include the"add-on's". VOTE 3-0 11, FORM A—Springfield Street—DePalma No action was taken on this plan this evening. FORM A—Main Street —Valenti Motion was made by Ms. Awand and seconded by Mr. Paleologopoulos to table the Valenti Form A to the next meeting as they did not have enough information to vote on the plan. Agawam Planning Board September 18, 2008 Page 3 VOTE 3-0 12. SIGN PERF. AGREEMENT—Connor's Cove—Russo Mr. Russo has executed a Performance Agreement for Connor's Cove and it is now ready for the Board's signatures. Ms. Dachos explained that Mr. Russo has not yet submitted the easements for this subdivision or the mylars. Therefore, there is no plan on record. Ms. Dachos stated that Mr. Russo has started working on this subdivision already. Motion was made by Ms. Awand and seconded by Mr. Paleologopoulos to send a letter to Mr. Russo stating that no work is to be taking place on this project until the plans and easements have been signed and recorded. VOTE 3-0 Mr. Morassi arrived at the meeting at this time. 1. APPROVAL OF MINUTES — September 4, 2008 Motion was made by Mr. Paleologopoulos and seconded by Mr. Morassi to approve the minutes of September 4, 2008 with the noted corrections made at the beginning of the meeting. VOTE 2-0-2 (Awand & Baldwin abstained) b. PUBLIC HEARING—Zoning Amendment—Height Ordinance—Town Council Attorney Christopher Johnson, Town Solicitor was in attendance to present this zoning amendment which he stated was drafted through subcommittees of the Town Council — "TOR-08-2 —An Ordinance Amending Section 180-49; Adding Section 180-49A and Amending Section 180-2 of the Code of the Town of Agawam Governing Height of Amusement Devices in Amusement Parks in the Business B Zone". He explained that currently Board of Appeals approval is needed for structures over 40' high. He stated that he took the definition from the Town Code for an amusement device. This proposal would allow structures to exceed 45' up to 200' high with Site Plan approval of the Planning Board (with the exception of floodplain issues which would still need ZBA approval). There is proposed a 150' buffer around the perimeter of Six Flags that would still require ZBA approval for the height. He went on to say that a provision was added for abutter notification at the responsibility of the property owner. He explained that the rational behind this proposal is time and that the statutory time limits for the ZBA process make it difficult for Six Flags to start the permitting process at the end of the season and receive their permits in time for construction and completion prior to the start of the new season. Ms. Baldwin allowed for public input at this time. Ed Czelazewicz, 1720 Main Street - stated that this proposal will create an excessive noise issue. He feels that 150' is too close and it should be 500'. He feels that an Agawam Planning Board September 18,2008 Page 4 excessive noise impact study should be conducted. He also stated that the existing Typhoon ride is within 200' of Main Street and has created a detrimental impact to nearby residences. He stated that Six Flags said they would address this issue but they didn't and that he paid for a noise study and submitted his findings to a judge and was awarded issue. He stated that ride should not have been built there and that it violates DEP's noise policy. He feels that this proposal will allow the excessive noise to get worse. Gary Suffriti, 220 Adams Street(Board of Appeals member)—stated that "150' is not far" and that speeding up the process is a"weak issue". He stated that they've never had a problem with permitting for Six Flags and that"the Town did and beyond" and did not hold them up. He does not feel the Town should give away this check and balance and urged that the Board give a negative recommendation to the Town Council. Jim Marmo, 130 Main Street (Board of Appeals member) —stated that he feels this would give Six Flags"a free hand" and what about other tax payers. He went on to say that the issue with the past filing for Six Flags was the state and the blue prints not being certified. He also stated that Six Flags told the ZBA that the state had ok'd everything but per the state building inspector, they had failed everything. He feels the ZBA should be respected and allowed to determine if a proposal is safe. Larry Litton, Six Flags N.E., 1623 Main Street—stated that there are two issues he would like to address: 1) personal issue with Mr. Czelazewicz and 2) the ZBA "take" on this proposal. He began with Mr. Czelazewicz explaining that he filed a lawsuit and the Judge issued a ruling. He urged the Board members to look at the ruling as it is a matter of public record. He stated that Six Flags is allowed to continue to operate the ride. He stated that studies exist on noise mitigation and they can be viewed in different ways. He went on to say that most abutters have been there 8-10 years and that the majority of new development would be further back in the Park. He then went on to discuss the ZBA. He stated that the check/balance would still be in place as the Planning Board, Building Inspector, Conservation Commission and ZBA if floodplain issues are present would still be involved. He stated that safety is not up to the ZBA. He went on to say that the window for building is not long enough to go through drawing up plans and going through permitting. He stated that Gary Suffriti spoke at the Council Subcommittee meeting on this proposal and stated "there has been no problem in the past". Mr. Litton stated that attractions were built at their own risk during the permitting process which will no longer be the case. He stated that the need the flexibility of this proposal and that it will not circumvent the checkibalance and that ambient sound levels will not be increased by this decision. He ended by saying that currently the permitting process takes about 211 days with the ZBA and without this proposal Six Flags will not be able to continue to develop the property. James Marmo—stated that he ZBA passed everything and that the state failed them on the Dark Knight. Larry Litton stated that the state did not fail thern but kicked it back to the local officials to determine if it was safe. Agawam Planning Board September 18, 2008 Page 5 Dennis Perry, 165 Cambridge Street—Town Council member—stated that this proposal basically creates a new zone and zoning bylaw for one business in town (amusement devices). He went on to say that regarding check/balances, any government has layers and boards to oversee the laws and that the ZBA is there if a developer cannot meet the laws as written—they are a check/balance. He went on to say that this proposal now looks to supersede the ZBA and it would set a precedent. He gave an example of Fisher Scientific or Olympic Manufacturing and that they would have to go to the ZBA for a height variance still. He asked the Board to consider the impacts of this proposal on the rest of the community. He closed by saying that the timeframe for new projects is up to the developer and that this is "poor planning". Jill Messick, 118 Princeton Avenue—Town Council member—stated that she agrees with Mr. Perry,however, if Six Flags doesn't continue to grow or change, they will go out of business. She stated that other businesses don't' plan expansions every year as does Six Flags. She has researched other cities with amusement parks and found that many have a separate zone specific for amusement parks. She went on to say that this proposal is a"band aid" and is still looking for a larger solution that would include more checks/balances. Gary Suffriti stated that there is no problem and there never has been with the ZBA process and that they are willing to expedite it for Six Flags. He also stated that ZBA member Joseph Conte could not be here this evening but is also in opposition to this proposal. Lueen Jodoin, 1736 Main Street asked if this amendment is passed would there still be a public hearing for abutters to express their concerns. Ms. Dachos stated no public hearings would be held but there would be public meetings. She went on to say that with a site plan review, the Planning Board can place reasonable conditions on the plan and that it is not an automatic approval--they could require them to reduce the height if there are issues. Mr. Paleologopoulos stated there are obvious animosity issues with Six Flags and the ZBA and asked why just the height issue is being addressed and not other ZBA issues. He stated that he does not feel 150' is enough for sound from a 200' high structure. Attorney Johnson stated that the issues with the Dark Knight had nothing to do with height-- it was an amusement device within a building and that the Code of Mass. does not currently address such a concept—this was the first. He went on to say that there were ingress/egress issues and that if the Dark Knight was proposed again this would not apply as it is a building—not an amusement device. He also stated that there are many existing rides of 45' in height and that the ZBA has never denied a height variance for the Park. He stated that there is no room to put new rides that close to Main Street now. He stated that Six Flags is a major taxpayer and employer who came to the Town Council for assistance. He also stated that he has found that it takes a minimum of approximately 64 days to act on a Special Permit. Agawam Planning Board September 18,2008 Page 6 Mr. Morassi stated that if there is an issue with time going through the permitting boards then he would like to see if there is something the Town could do to expedite the permitting process rather than creating this proposal. He stated that he would like to see all avenues pursued and would like to look at the 150' buffer to see if that is enough. Be then asked how noise levels are determined. He ended by saying that he does not feel he has enough information to make a positive recommendation this evening. He would like to see how to protect the abutters and wants more teeth to provide protection for visual and sound concerns. Ms. Dachos stated that there is no noise ordinance in Agawam and that they can require experts to review the proposals. Attorney Johnson stated that the Planning Board site plan review has more authority to deal with sound that the ZBA does with height. Ms. Dachos pointed out that the Planning Board members were not invited to the subcommittee meetings on this proposal. In closing, Gary Suffriti urged Board members to go to the Park and actually view the proposed 150' buffer. There being no further public input, the Board closed the public hearing. Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to send a negative recommendation to the Town Council regarding the proposed zoning amendment"Height Ordinance" for the following reasons: the Board did not feel it had enough information to make a positive recommendation; the Board would like to see ways to speed or improve the permitting process through the Board of Appeals pursued; the Board questions whether a 150' is large enough as concerns were expressed by abutters regarding the noise levels and aesthetics. VOTE 3-1 (Awand opposed) 7. PUBLIC HEARING—Zoning Amendment—Enforcement& Penalties— Town Council Attorney Christopher Johnson, Town Solicitor was in attendance to present this zoning amendment which he stated will establish non-criminal disposition of enforcement of zoning violations. He stated that the Building Inspector or his designee would be able to write a ticket for zoning violations and that could be contested in housing court. He stated that it gives discretion to the building inspector as to whether to pursue the violations through criminal, civil or tickets. He went on to say that this would help to modernize the Town, that the process was modeled after the state statute and it will make the process quicker, less formal and it will be directed at all zoning violations. Ms. Baldwin brought up the word"shall"vs. "may". Attorney Johnson stated that the discretion lies with the Building Inspector. There being no public input, the Board closed the public hearing_ Motion was made by Mr. Paleologopoulos and seconded by Mr. Morassi to send a positive recommendation to the Town Council regarding the zoning amendment "Enforcement and Penalties". Agawam Planning Board September 18,2008 Page 7 VOTE 4-0 8. PUBLIC HEARING—Zoning Amendment— Sign Ordinance—Town Council Attorney Johnson also presented this zoning amendment. He explained that temporary signs provisions were removed by the Council years ago; then businesses asked for temporary signs. He stated there were no internal consistencies with the sign ordinance and that presently there is no sign officer referred to (it is the building inspector) and if a sign is proposed in the setback, it must be a minimum of 10' off the ground. He explained that the proposed changes would give discretion to allow for a lower sign by the building inspector and has provisions to allow temporary signs up to 60 days, and the building inspector has the discretion to issue or deny. He stated that they have linked the provisions to the new enforcement of penalties. He stated that currently plaza signs are allowed to have 8 square feet in area for each business and that proposal would double the size to 16 square feet. Also many updates to the language were added. He stated that he would ask the Council to amend that to allow for 12 square feet of area(not 32 sq.ft.) as one side of back to back signs shall be counted. Ms. Dachos suggested that the wording"plus each individual occupant"be added to plaza signs. Attorney Johnson stated that this will make it clearer. Ms. Baldwin asked if sandwich boards would be allowed. Attorney Johnson stated yes, up to 60 days and not within the road layout. He stated that regarding directional signs, a uniform template is being studied by the Beautification Committee to improve aesthetics. Jill Messick stated that businesses wanted the temporary signs in case of a special sales event—for a limited time (not permanent). Ms. Baldwin asked if a prototype of the temporary signs to be used has been created. Ms. Messick stated that there was much discussion on this and that the building inspector can say no or make them change it if it is awful. Attorney Johnson stated that in speaking with the building inspector,he would be happy to have a prototype to use. Ms. Messick stated that they could not come to a consensus on what the signs should look like but it was discussed. She stated that she does not want to see this proposal held up and stated that issue could be worked on again. Ms. Baldwin stated she would like to table voting on this to the next meeting so that she has more time to review it. Mr. Morassi stated that he would like to see a very strict model with less discretion from the building inspector. He questioned the managerial end of a 60 day temporary sign permit and felt there should be specific criteria on the type of sign allowed. He also feels there should be more continuity in the types of signs. Motion was made by Mr. Paleologopoulos and seconded by Mr. Morassi to table voting on the Zoning Amendment— Sign Ordinance to the next meeting and to continue the public hearing to the next meeting. VOTE 4-0 Agawam Planning Board September 18, 2008 Page 8 9. PUBLIC HEARING—Amendments to Rules and Regulations—Filing Fees— Planning Board Ms. Dachos explained that the Board's recommendations have been put in the proper format. The proposal is to change the Form A fee from$35 to $50 plus S20 per lot; a preliminary plan from $25 plus $5 per acre to $250 plus$25 per lot; Definitive Plans from $150 plus $60 per acre to $500 plus $75 per lot; and to change the Definitive Plan Contents of Application from "...two sets of original or reproducible drawings and five sets of copies"to "two sets of original or reproducible drawings and a minimum of five sets of copies Mr. Paleologopoulos stating that he feels the proposed Definitive Plan fee is too high. Ms. Dachos reminded the members of the amount of staff time that is spent on reviewing plans. There being no public input, the public hearing was closed. Motion was made by Mr. Morassi and seconded by Ms. Awand to amend the Subdivision Rules and Regulations as submitted this evening. VOTE 3-1 (Paleologopoulos opposed) The meeting adjourned at 9:00 PM. 4 C to_ jr Agawam Planning Board October 2, 2008 Page 1 AGAWAM PLANNING BOARD October 2, 2008 MEMBERS PRESENT: Travis Ward, Chairman Elaine Awand , Mark Paleologopouios MEMBERS ABSENT: "3 ' Violet Baldwin - Michael Morassi ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr Mr. Ward called the meeting to order at 7:00 PM. He explained to the crowd in attendance that the revisions to the Senior Center site plan will not be acted on this evening. He asked that anyone interested in that item contact the Planning office to determine what agenda that will occur on. He apologized for the inconvenience. 1. APRPOVAL OF MINUTES—September 18, 2008 Motion was made by Mr. Paleologopoulos and seconded by Ms.Awand to approve the minutes of September 18, 2008 as written. VOTE 2-0-1 (Ward abstained) 2. PUBLIC HEARING CONT. —Zoning Amendment— Sign Ordinance Mr. Ward stated that he attended the Council subcommittee meeting last night and changes were discussed and proposed to the Sign Ordinance. Ms. Dachas stated that she also attended that meeting and that two changes were proposed by Attorney Johnson— the square footage changed from 36 sf to 12 sf; and verbage to clarify two sided signs and how the square footage is calculated. Town Council member Jill Messick was in attendance this evening to answer any questions on this proposal. She briefly went over the changes that were made last night and stated that there was a positive overall feeling at the subcommittee meeting. Mr. Paleologopouios stated that at the last meeting Ms. Baldwin had concerns on behalf of the Beautification Committee regarding uniformity with temporary signs. There was no public input on this item. Motion was made by Ms. Awand and seconded by Mr. Paleogopoulos to close the public hearing on the Sign Ordinance Zoning Amendment. VOTE 3-0 Agawam Planning Board October 2, 2008 Page 2 Motion was made Mr. Paleologopoulos and seconded by Ms. Awand to send a positive recommendation to the Town Council regarding the Sign Ordinance Zoning Amendment including the amendment that were proposed by Attorney Christopher Johnson at the October 15t Council subcommittee meeting. VOTE 3-0 3. PUBLIC HEARING CONT.—Definitive Plan—Farmington Heights— Hillside Development Corp. Motion was made by Ms. Awand and seconded by Mr. Paleogopoulos to continue the public hearing on Farmington Heights to the October 16th meeting. VOTE 3-0 4. SITE PLAN—Action Air—Industrial Lane Sean Barber was in attendance to present this Site Plan which shows a 50' x 30' addition to be used for offices,bathroom and conference room to an existing building at 111 Industrial Lane. He stated that it will be constructed with slab on grade. Ms. Dachos asked if colors and textures were provided. The owner, Mr. Chevalier, was in attendance and stated that the color will be the same color scheme that exists. He will provide sample color and textures for the Board. Shrubs will be planted along the front of the addition. Mr. Paleologopoulos asked what the height of the addition would be. Mr. Barber stated that the peak will be V above the existing building. Elevations were provided. Mr. Paleologopoulos pointed out the Engineering Department comment regarding connecting to the sewer. Mr. Barber stated that the owner intends to connect to the sewer if he can. Ms. Dachas asked what type of fence would be used around the dumpster. Mr. Barber stated it will be a 6' stockade. Motion was made by Ms. Awand and seconded by Mr. Paleologopoulos to approve the Site Plan for Action Air with the condition that the size and type of fence around the dumpster be added to the plan and colors and textures of the proposed addition are to be provided to the Board. VOTE 3-0 5. COMPLAINT— 1744 Main Street— Cirillo Lueen Jodoin of 1636 Main Street was in attendance to discuss her written complaint that she submitted regarding the Twisty's Too site next door to her. She asked who follows up on site plans once they are approved. Some of her concerns are: lighting that was installed at the beginning of the year. She stated that the lights are halogen and are so bright that they light up her house, her frontyard and backyard. She stated that per the Planning Board's approval those lights were to be recessed. She also stated that there is a dog kennel on the property. She asked if Mr. Cirillo has permission to park Six Flags October 2, 2008 Page 3 cars. Ms. Dachos explained no, although the title of the plan "Riverside Parking Lot". She stated that Mr. Cirllo was asked at a meeting if he was proposing to park cars and he stated no. She stated that the parking that was approved was for the take out restaurant. She went on to say that the building inspector is the enforcement officer and was requested to make an inspection to be sure the approved site plan is being adhere to. The Board received a memo from the building inspector stating that there is no violation of the approved site plan and that the two lights in question were on the house when purchased according to Mr. Cirillo. Ms. Dachos stated that Mr. Cirillo was told the lights must be shielded and that it appears that some of the lights in question were not even shown on the site plan. Ms. Judoin stated that the plans also show that gravel will be placed in the dirt areas and that this has not been done. She stated that when he grades the parking lot the dust and dirt gets in her pool. Ms. Dachos suggested that the Board ask the Engineering Department to look at the site and report on the existing conditions. Mr. Paleologopoulos stated that Six Flags is only open on the weekends now and he asked if Twisty's Too was open yet. Ms. .Iudoin stated yes it is open and he parks Six Flags cars. She also stated that the rear lights do not stay on all night but the lights in the front do. Mr. Ward stated that he would also make a site visit and will talk with the building inspector. Also, a memo will be sent to the Engineering Department asking for a"field survey". 6. DISCUSSION—Connor's Cove—Russo Mr. Russo was in attendance this evening and stated that his attorney is working on the easements and that his plans are ready to be submitted for signatures once his engineer signs and stamps them. According to Mr. Russo, his engineer has been sick and was told that he would sign and stamp the plans tomorrow. He stated that he plans to pave next week and asked that the Board allow him to proceed. Ms. Dachos stated that although he has signed a covenant and performance agreement, the plans and easements are not recorded, therefore,no inspections should be made on this project. She explained he is basically working at his own risk at this time. In conclusion, the members agreed to table action on this for two weeks. Motion was made by Mr. Paleologopoulos and seconded by Ms. Awand to table discussion of Connor's Cove for two weeks. VOTE 3-0 Motion was made by Ms. Awand and seconded by Mr. Paleologopoulos to amend the agenda to include the"add-on's". VOTE 3-0 9. DISCUSSION—Anvil Street correspondence from Conservation Commission The Conservation Commission sent a letter to the Planning Board asking for their assistance in an ongoing siltation and erosion problem at the High Meadow IV (Anvil Street) project. Ms. Dachos explained that there is tremendous erosion still occurring f Agawam Planning Board October 2, 2008 Page 4 from the site. She also stated that there is no detention basin for this phase. Conservation Commission Chairman Henry Kozloski and Commission member Jill Messick were in attendance. Ms. Messick urged the members to make a site visit to view the problem which she stated is getting worse by the day. She went on to say that there is approximately 20" of silt in some spots. Mr. Kozloski stated that the drainage goes in two directions and there is a large amount of erosion where it abuts the Juniper Ridge easement. He also stated that there is a 15"pipe coming out the side of the hill. Ms. Messick stated that there is vegetation growing where the original erosion problem was and now it's is working in a different direction(towards Juniper Ridge). Mr. Ward and Ms. Awand agreed to make a site visit on Saturday morning. Ms. Messick and Mr. Kozloski agreed to meet them at the site also. 10. DISCUSSION—Pananas— Suffield Street—correspondence The Board received a letter from Mr. Pananas stating that he is seeking to get his Certificate of Occupancy for his new location on Suffield Street, however, he has not completed the landscaping as shown on the plan. He has asked for permission to not install landscaping at this time. He would like to open the restaurant to generate revenue. He will install the landscaping at a later date. Mr. Ward and Mr. Paleologopoulos agreed to make a site visit to view the work that has been done. This item will be discussed at the next meeting. 11. SIGN PLANS—mylars--Robin Ridge Estates This item was tabled as additional changes may be required. Larry Litton of Six Flags New England was in attendance this evening asked if he could brief the Board members on last night's Council subcommittee meeting and more specifically on how they've proposed to address the Planning Board's concerns as outlined in their letter of negative recommendation to the Council. The members were in agreement to adding this discussion to the agenda. Motion was made by Ms. Awand and seconded by Mr. PaleoIogopoulos to amend the agenda to include a discussion of the zoning amendment concerning the height ordinance. VOTE 3-0 Mr. Litton stated that the Planning Board letter of negative recommendation to the Council was discussed and gave a brief overview. He stated that the 150' buffer was an arbitrary number and that he has submitted a letter to the Council stating that was negotiable and he stated that 250' was suggested. He went on to say that the 200' height came about after research that showed the average height of roller coasters in the last five years is 193.7'. Mr. Palcologopoulos asked what the height of the Superman Coaster is. Mr. Litton stated 208'. Mr. Litton stated that as far as the ZBA permitting process, it is Agawam Planning Board October 2, 2008 Page 5 estimated to take approximately 100 days. Ms. Messick stated that she did her own research and found that the average length of time for ZBA cases was 71 days. Ms. Awand stated that although she voted against the negative recommendation, a larger buffer is fine with her. She went on to say that it is an amusement park and it is expected that there will be structures over the 45 . She does not feel this is an unreasonable request. Mr. Paleologopoulos stated that he voted for the negative recommendation solely on the 150' buffer and that he would have supported it if the buffer was larger. Mr. Litton.stated that as far as sound issues,there are state regulations that must be met. He went on to say that in the court Wiling that was discussed at the last meeting, it was stated that"height does not affect sound"on a neighbor's property. Ms. Dachas stated that sound studies can be required. Ms. Awand stated once again that it's an amusement park and there will be noise. Mr. Litton stated that noise is more of a Planning Board issue and cited the recent Thomas the Train attraction. Mr. Litton then thanked the Board for the opportunity to brief them on the subcommittee's discussion. 12. FORM A—Main Street—Valenti Motion was made by Mr. Paleologopoulos and seconded by Ms. Awand to deny the Form A for Valenti on Main Street at this time as it appears the plan as submitted does not accurately reflect the original plan on this property. VOTE 3-0 FORM A—Poplar Street—Christopher Motion was made by Mr. Paleologopoulos and seconded by Ms. Awand to approve the plan for Christopher on Poplar Street under"Subdivision Control Law Not Required". VOTE 3-0 The meeting adjourned at 8:35 PM. Agawam Planning Board October 16, 2008 Page 1 AGAWAM PLANNING BOARD October 16, 2008 MEMBERS PRESENT: Travis Ward, Chairman Violet Baldwin Michael Morassi Mark Paleologopoulos MEMBERS ABSENT: Elaine Awand �' w ALSO PRESENT: w cn Pamela R. Kerr r a cx� Mr. Ward called the meeting to order at 7:00 PM. 1. APPROVAL OF MINUTES—October 2, 2008 Motion was made by Ms. Baldwin and seconded by Mr. Morassi to table approval of the October 2, 2008 minutes to the next meeting as not all of the members had a chance to review them. VOTE 4-0 2. PUBLIC HEARING—Zone Change—475 Pine Street—Grace Baptist Church Pastor Carmen Rizzo of the Grace Baptist Church was in attendance to present this zone change request for their property at 475 Pine Street from Agricultural to Residence B. He explained that the Masons are the prospective buyer of the property and building. He went on to say that Residence B would allow for a social club use. He stated that the impact of the proposed use will be significantly less than the church services. He also stated that the building is currently unused but at peak usage on Sundays they had approximately 150 people attend. Due to the large number of people in attendance, he stated that the parking lot overflowed and they had an agreement with the property owner across the street to allow for overflow parking. He explained that beyond Sunday services, they also had a youth club that met on Wednesday evening and the children would be bused in and they also held classes on Friday evenings. Stanley LaBrecque, 1357 Sumner Avenue, Springfield was also in attendance. He stated that he is the president of the Masons and that they typically hold lodge meetings in the evening and approximately 25 to 35 people attend. He went on to say that their special events are held off campus and that they are not proposing any changes to the existing building. Mr. Paleologopoulos asked what the parking capacity is on the site. Pastor Rizzo stated there are 36 spaces. Ms. Baldwin asked if the 36 spaces were adequate for the Masons. Mr. LaBrecque stated yes, as many members are from out of town and frequently car pool to the lodge meetings. Mr. Paleologopoulos asked if they held entertainment activities. Mr. • r Agawam Planning Board October 16, 2008 Page 2 LaBrecque stated that the Masons are a public service group and as such no liquor is allowed on their campus and the only entertainment they would schedule here would be perhaps a lodge dance. Mr. Ward asked for public input. Pat Roy, 273 Barry Street stated that she has been paying taxes on a strip that runs through the church's property since 1985 and has a deed to it. The strip of property is the old abandoned railroad bed. She had contacted the Planning Department last week and this issue was brought up. The Town Solicitor was then contacted and he provided the Board with a written opinion for this evening. Ms. Roy was given a copy at the start of the meeting. The attorney for Grace Baptist Church had submitted a Ietter to Attorney Johnson(Town Solicitor) stating that the ownership of this strip is held by the Church. He referenced"reverter language"that reverted the ownership of the stirp back to the property owners on either side of the right of way. Attorney Johnson responded to the Board that he concurred with that information that the Church owns the entire parcel for which they are seeking a zone change. Mr. Ward stated that this is a legal issue that cannot be resolved at this level. He urged Mrs. Roy to review the information from both attorneys and contact her own attorney if she is still in disagreement. He explained that the Planning Board is a recommending body to the Town Council on zone changes and that the Council hearing is scheduled for November 5'h. Patricia Charest, 452 Pine Street stated that she has lived in this residential neighborhood for 30 years and feels that this zone change would allow for a major change to the neighborhood. She stated that first there was a church and now a Masonic Lodge. She questioned what would be next. What if the Masons decide to sell the property? She is concerned with other possible allowed uses under Residence B. Mr. Ward went over what the allowed uses are currently which would be a single family home. He then briefly outlined allowed uses under Residence B. He stated that it is highly unlikely that this site will be purchased for use as a single family home and posed the question of what would be in the best interest of the Town. He stated that if the building were to sit vacant it would fall into disrepair and would deteriorate. Kelly Cipriani,460 Pine Street also spoke in opposition to the proposed zone change. She stated that she is concerned over the other allowed uses under Residence B as well. Mr. LaBrecque stated that the last home of the Masons was theirs for 90 years and they plan to stay in this Feeding Hills location as Iong. Mr. Ward then closed the public hearing. Attorney Brad Martini, representing the Grace Baptist Church then addressed the Board. He stated that he did not represent the church when the property was purchased, however, this ownership issue was not found at that time or through the remortgaging process and title insurance. He stated that there would have been a claim against the title if this was an issue. Also,he stated, a survey was done. He then went over his written opinion on Agawam Planning Board October 16, 2008 Page 3 this matter and in conclusion stated that the church holds title to the entire parcel. Mr. Paleologopoulos stated that he feels the Board should table voting on this matter until the ownership issue is resolved. He went on to say that he feels the proposed use and zone change is better for the town than an abandoned, deteriorated building. Mr. Morassi also felt favorable on the proposed zone change but agreed that the Board should table the item until it is resolved. Ms. Baldwin agreed with them. At this point there was another discussion of Attorney Johnson's opinion and that the Board does not have another meeting scheduled prior to the Council's public hearing. Motion was made by Mr. Paleologopoulos and seconded by Mr. Morassi to table voting on the Zone Change request for Grace Baptist Church. VOTE 1-3 (Ward, Morassi, Baldwin opposed) Mr. Morassi stated that the legal issue is outside of the board's purview and that the proposed zone change would allow for a use of this property that is far better for the Town than letting it fall into disrepair. Motion was made by Mr, Morassi and seconded by Ms. Baldwin to send a positive recommendation to the Town Council regarding the proposed zone change at 475 Pine Street and ask that if further information is provided regarding the ownership issue, that the Board would like to receive it as well. VOTE 4-0 Mr. Morassi left the meeting at this time. 3. PUBL IC HEARING CONT. —Definitive Plan—Farmington Heights— Hillside Development Corp. Motion was made by Ms. Baldwin and seconded by Mr. Paleologopoulos to continue the public hearing for Farmington Heights to November 6"' and to extend the time frame for consideration of this Definitive Plan for an additional 30 days to December 19, 2008 as requested by the applicant's representative. VOTE 4-0 4. SITE PLAN—Zymroz Landscaping— Silver Street Motion was made by Ms. Baldwin and seconded by Mr. Paleologopoulos to table the Site Plan for Zymroz Landscaping as the applicant is responding to Engineering Department comments. VOTE 4-0 Agawam Planning Board October M, 2008 Page 4 5. REVISION TO SITE PLAN—Main Street—Agawam Senior Center Motion was made by Ms. Baldwin and seconded by Mr. Paleologopoulos to table the revised Site Plan for the Agawam Senior Center. VOTE 4-0 6. BOND STATUS—Windermere Estates - Bretta Tom Bretta was in attendance to discuss his request for a two year extension with the Board. The Engineering Department submitted a memo to the Board outlining their concerns with the amount of time the base coat has been Clown. Mr. Bretta stated that there are five vacant lots and that he is building large, up-scale homes and the market has not been recently favorable. He stated that he does not want to install the sidewalks and top coat of pavement at this time as the machinery and plows will destroy it. He said that without knowing the placement and style of the homes he will build,he does not wish to install sidewalks at this time. He stated that he placed an asphalt berm down to the cul- de-sac (all but two lots) last week. He went on to say that five of the ten lots are developed and that he lives in the subdivision and keeps the street clean and maintains the detention pond. He stated that the plows now hit the catch basins in the road and if the berm were installed around the cul-de-sac it would get ruined by the plows. Mr. Ward stated that at some point, regardless of the market, the street has to be paved. Mr. Bretta assured the Board that if a two year extension is granted he will definitely have the top coat and germs completed. Motion was made by Ms. Baldwin and seconded by Mr. Paleologopoulos to extend the Performance Agreement for Windermere Estates for two years with the understanding that the base coat will be maintained and that the top coat and berms will be completed within two years. VOTE 3-0 7. COMPLAINT— 1744 Main Street-Cirillo Lueen Judoin of Main Street was in attendance this evening regarding her written complaint she submitted. She stated that since the last meeting when this item was discussed, Mr. Cirillo has now installed a loud speaker sound system outside of his restaurant. She stated this is a violation of Business B and that the Police responded to her call. She stated that the Building Inspector informed her that this newest issue is a Police matter. Mr. Ward asked Mr. Paleologopoulos if he would make a site visit with a copy of the approved site plan and take notes. He stated that he should take notes of any violations and submit them to the Building Inspector. The Building Inspector would then respond to the Board in writing. Mr. Palcogopoulos agreed to this and.asked Ms. Baldwin to accompany him. She agreed also. Ms. Judoin stated that she feels like a prisoner in her own home. Mr. Judoin was also in attendance and asked that the site visit be made at 8:00 PM which is the peak house according to him. Mr. Paleologopoulos Agawam Planning Board October 16, 2008 Page 5 stated that he would go out in the daylight and then again in the evening. This item will be placed on the next agenda for an update. 8. DISCUSSION—Anvil Street Mr. Ward stated that he, Ms. Baldwin and Mr. Paleologopoulos made a site visit to Anvil Street with Conservation Commission members. Mr. Calabrese was in attendance this evening. Mr. Ward stated that there is severe washout; stockpiling of soil with erosion; and severe damage in the forest. He stated that some trees have died and that most of the surrounding vegetation will die due to the amount of silt, He went on to say that the riprap at the 16"pipe appears to be inadequate. Mr. Calabrese stated that the erosion is over 300' from the wetlands and that a forest fire killed the trees. He stated that the fill will be sloped and that there have been no recent heavy washouts there. He stated that he does not own the first two lots. He submitted photos of the silt fence and haybales that were recently repaired. He also stated that this area received more rain this summer than usual. He went on to say that the drainage was approved by the Town Engineer and that he plans to start paving next week. The members asked that a memo be sent to the Engineering Department asking them to inspect the 16"pipe and associated riprap and to notify the Board whether the grading and drainage is according to plan. Ms. Baldwin then asked Mr. Calabrese to remove the sani-can that is located near someone's front yard. Mr. Calabrese stated that was put there by a contractor but he would ask them to move it. Motion was made by Ms. Baldwin and seconded by Mr. Paleologopoulos to amend the agenda to include the "add-on's". VOTE 3-0 11. FORM A—Main Street—Valenti Marc Shute of D.L. Bean, Inc. was in attendance to present this Form A. He stated that a Form A was approved in 1988 but was never recorded. In 1991 the plan was redrawn. The applicant now wishes to shift the property line. Motion was made by Ms. Baldwin and seconded by Mr. Paleologopoulos to approve the plan for Valenti on Main Street under "Subdivision Control Law Not Required". VOTE 3-0 12. DISCUSSION—Springfield Street—DeP alma Marc Shute of D.L. Bean presented the Board with a revised site plan addressing the conditional site plan approval. Also in attendance were ZBA members Gary Suffriti and Jim Marmo. Mr. Suffriti stated that the Board of Appeals approved a plan with no sidewalks and that the Board does not want a sidewalk as it will go to nowhere. Mr. Ward explained that the site plan approval had conditions, one of which was constructing a sidewalk along Springfield Street. He stated that the Planning Board requires sidewalks Agawam Planning Board October 16, 2008 Page 6 along all commercial properties. Ms. Kerr stated that this issue is on the agenda as the Planning Department received a"white form" for this project and upon research it was noted that a revised plan had not been submitted for signatures. The plan will be signed once the Engineering Department has reviewed it. Motion was made by Ms. Baldwin and seconded by Mr. Paleologopoulos to sign the revised site plan for DePalma on Springfield Street upon review by the Engineering Department. VOTE 3-0 DISCUSSION—Pananas— Suffield Street Mr. Ward and Mr. Paleogopoulos made site visits as a result of the recent correspondence from Mr. Pananas who wishes to open his business soon but not complete the landscaping until next spring. It was agreed that the approved landscaping beds be cut out and edged and fine graded at this time and be planted in the Spring of 2009. A letter will be sent to Mr. Pananas with a copy to the building inspector. DISCUSSION—V&F Auto Mr. Paleologopoulos and Ms. Baldwin made a site visit to determine if further fencing of the area is needed(per the recent site plan approval). They both agreed that no further fencing is required. Motion was made by Ms. Baldwin and seconded by Mr. Paleogopoulos that no further fencing of the V&F Auto site be required. VOTE 3-0 The meeting adjourned at 9:00 PM. Agawam Planning Board November 6, 2008 Page I AGAWAM PLANNING BOARD November 6, 2008 MEMBERS PRESENT: Travis Ward, Chairman Elaine Awand Violet Baldwin Michael Morassi Mark Paleologopoulos a co ALSO PRESENT: Deborah S. Dachos ' CO Mr. Ward called the meeting to order at 7:00 PM. 1. APPROVAL OF MINUTES — October 2 & 16, 2008 ' C� rn Motion was made by Ms. Baldwin and seconded by Mr. Morassi to approve the minutes of October 2, 2008 as written. VOTE 3-0-2 (Baldwin & Morassi abstained) Motion was made by Ms. Baldwin and seconded by Mr. Paleologopoulos to approve the minutes of October 16, 2008 as written. VOTE 4-0-1 (Awand abstained) 2. PUBLIC HEARING CONT. --Definitive Plan—Farmington Heights— Hillside Dev. Corp. The applicant's representative requested another 30 day extension and a continuance of the public hearing to December 4, 2008. Motion was made by Ms. Baldwin and seconded by Mr. Morassi to approve a 30 day extension for consideration and continue the public hearing to December 4, 2008 for the Farmington Heights Definitive Plan as requested by the applicant's representative. VOTE 5-0 3. REVISION TO DEFINITIVE PLAN—Robin Ridge Estates The Definitive Plan for Robin Ridge Estates has been revised to include the detention basin on one of the Iots rather than having it on a separate lot. This issue was brought up by the Town Solicitor when reviewing the legal documents (easements, homeowner's association document). Agawam Planning Board November 6, 2008 Page 2 Motion was made by Mr. Morassi and seconded by Ms. Baldwin to approve the Revision to the Definitive Plan for Robin Ridge Estates. VOTE 5-0 4. COMPLAINT— 1744 Main Street—Cirillo Mr. Paleologopoulos stated that he and Ms. Baldwin made a site inspection as discussed at the last meeting. He stated that they found many deviations from the approved site plan. A written report was prepared on their findings. Ms. Baldwin stated that the handicapped parking does not appear to be in conformance with the approved plan. She also stated that there appears to be someone living on the top floor. The members questioned if this was an allowed use and asked that the building inspector be asked if it is legal. Mr. Ward thanked them for making the inspection and recommended that their report be sent to the Building Inspector, Ms. Baldwin stated that the report should also be sent to the Conservation Commission, Fire Department, Police Department and ADA Committee asking for a response to each of the items in their report. She and Mr. Paleologopoulos both stated that they would be available to meet with the Building Inspector if needed. Motion was made by Ms. Baldwin and seconded by Mr. Paleologopoulos to send a memo to the Building Inspector with a copy of the inspection report asking him to address these findings and provide a response to each, ask whether the apartment is an allowed use; and offer their availability to meet with him. VOTE 5-0 5. DISCUSSION & BOND REDUCTION—Anvil Street— Calabrese Mr. Morassi stated that he will meet with the Town Engineer regarding this matter,but asked that a memo be sent to him asking for them to conduct a site visit and provide a report regarding the outfall. He stated that time is of the essence and that he is concerned with the damage that has been done. Mr. Calabrese was in attendance and provided pictures of recently installed erosion controls. Mr. Ward expressed concern over the trees whose roots are buried and suggested that Mr. Calabrese hire an independent consultant to review the drainage design. Motion was made by Mr. Morassi and seconded by Ms. Awand to deny the request for bond reduction at this time due to the ongoing problems with drainage and erosion. VOTE 4-1 (Paleologopoulos opposed) Agawam Planning Board November 6, 2008 Page 3 Motion was made by Ms. Baldwin and seconded by Mr. Paleologopoulos to amend the agenda to include the"add-on's". VOTE 5-0 6_ PER. AGR., COVENANT, EASEMENTS, SIGN PLAN—Robin Ridge Estates Motion was made by Ms. Baldwin and seconded by Mr. Palcologopoulos to table the Robin Ridge Estates legal documents as they have not yet been finalized. VOTE 5-0 8. REVISED SITE PLAN—American Renal Associates —Harvey Johnson Drive Dave Thompson of Coler& Colantonio was in attendance to present revisions to be made to the American Renal Associates Site Plan. He explained most changes occurred within the building but changes outside of the building include: generator enclosure moved slightly; armor loc concrete blocks removed from drainage swale; sidewalk and screen wall between dialysis center and existing nursing home removed; loading area/dumpster driveway narrowed to one lane; a portion of the sidewalk along drive adjacent to day room has been removed; and the elimination of the canopy. The members had no objections to the changes with the exception of the removal of the canopy. They feel that the canopy is an important element of the plan and agreed that some other provision should be made to protect the patients from inclement weather as they access the building. Mr. Thompson stated that these revisions are a result of trying to reduce construction costs on the project. The members stated that they would be receptive to a less expensive alternative to the canopy. Motion was made by Mr. Morassi and seconded by Ms. Baldwin to approve the revisions to the American Renal Associates Site Plan with the exception of removing the canopy to the building which they would support a less expensive alternative to. VOTE 4-1 (Ward opposed) 9. SITE PLAN—Zymroz Landscaping— Silver Street Roland Cormier was in attendance along with Mr. Zymroz to present this Site Plan which shows the construction of a new building for Zymroz Landscaping. He explained that a revised plan was submitted to the Engineering Department however, they have not been able to provide the Board with comments on that. The members tabled the item to the next agenda. Agawam Planning Board November 6, 2008 Page 4 Motion was made by Ms. Baldwin and seconded by Ms. Awand to add Connor's Cove to the agenda. VOTE 5-0 Motion was made by Mr. Morassi and seconded by Ms. Baldwin to execute the easements for the Connors Cove Estates subdivision pending the Town Solicitor's final approval. VOTE 5-0 The meeting adjourned at 8:50 PM. 0 c✓4'1 Agawam Planning Board December 4, 2008 Page 1 AGAWAM PLANNING BOARD December 4, 2008 MEMBERS PRESENT: Travis Ward, Chairman Michael Morassi o Mark Paleologopoulos , MEMBERS ABSENT: Elaine Awand Violet Baldwin ALSO PRESENT: ` Deborah S. Dachos ' Pamela R. Kern Mr. Ward called the meeting to order at 7:00 PM. I. APPROVAL OF MINUTES —November 6, 2008 Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to approve the minutes of November 6, 2008 as written. VOTE 3-0 2. SITE PLAN—Silver Street- Zymroz Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to table the Site Plan for Zymroz on Silver Street as the applicant is still addressing Engineering Department comments. VOTE 3-0 3. BOND SETTING-- Connor's Cove—Russo The Engineering Department recommended that $242,000 be posted to cover the completion of the Connor's Cove subdivision. The applicant has seen this recommendation and has already submitted a Letter of Credit which will be acted on at the end of the agenda. Motion was made by Mr. Paleogopoulos and seconded by Mr. Morassi to set the bond for the Connor's Cove subdivision at 5242,000 as recommended by the Engineering Department. W Agawam Planning Board December 4,2008 Page 2 VOTE 3-0 4. BOND REDUCTION--Wysteria Lane—Fazio Mr. and Mrs. Fazio were in attendance. The most recent bond withholding amount that the Engineering Department has calculated is $29,500. The Town is currently holding $72,000 for the project. Mr. Fazio stated that the berms, base coat and final coat have been completed per the Performance Agreement. He does not agree that the Town should hold back money for these items to protect the town from further damage by future lot owners as he was told. He stated that individual performance bonds could be placed on the lots. He also has an issue with providing a street light at the end of the street as one is not shown on the approved plan. Mr. Morassi offered to meet with Mr. Fazio and the Town Engineer to go over these issues, The members asked Mr. Fazio if he would like to table the bond reduction this evening as the policy allows for one mid way reduction and then a final release. Mr. Fazio agreed that the Board vote on his bond reduction this evening and hopes to have a final release for the next meeting. BOND REDUCTION—Dova Subdivision— Aimwa The Engineering Department prepared a reduced bond amount however Mr. Aimwa has not yet seen the figure. Again, with the Board's policy of one mid way reduction and a final release, the members felt that denying this bond reduction this evening would allow time for the developer to discuss the bond amount with Engineering and if he agrees, it can be placed on the next agenda. Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to deny the bond reduction for the Dova subdivision as the developer has not yet received the proposed bond amount. VOTE 3-0 5. DISCUSSION--Anvil Street Dave Bean was in attendance this evening and presented the Hoard with a proposed sediment and erosion control plan for the High Meadow IV development. Since the last Board meeting, a site walk was conducted with Mr. Bean, Mr. Morassi of the Planning Board and Ms. Messick and Mr. Kozloski of the Conservation Commission as well as a representative of the Engineering Department. Mr. Morassi stated that it was agreed at that time that the first course of action would be to get the site stabilized for the winter and then resolve the issues in the spring. He stated that resolution of the issues can't be completed right now but that the site can be stabilized. Mr. Bean stated that what he has submitted is a temporary solution to close up the site and protect it until spring. He will submit a restoration plan in the spring. Mr. Morassi stated that he spoke with the Town Engineer today regarding what the Mass. Highway Department uses on steep slopes for erosion control. He stated that it was an idea that they were looking into. He went on to Agawam Planning Board December 4, 2008 Page 3 say that in terms of a bond reduction, he doesn't feel the Board should release any money at this point. Mr. Bean went on to say that there is no loam on the slope and the washouts need to be filled and compacted and then covered with an erosion control blanket. Mr. Ward stated that compaction may be an issue and that it could create problems for the future Iot/homeowners. Mr. Bean stated that he was not involved with the filling and had no idea if it was compacted. Mr. Morassi asked if that could be tested. Mr. Ward stated that the Engineering Department could do a compaction test. Ms. Messick was in attendance and reiterated the importance that this issued be worked on throughout the winter. Ms. Dachos stated that the ground will soon be frozen. Chuck Calabrese was in attendance and stated that if the Board approves what Mr. Bean submitted then he would begin the work Monday morning. The members agreed that the proposal for erosion control should be implemented immediately. A letter will be sent to Mr. Calabrese instructing him to begin this work right away. 6. DISCUSSION— 1744 Main Street—Cirillo The Town Solicitor submitted a memo to the Board regarding enforcement of the approved site plan. Upon discussion, it was agreed that the Planning Board had followed the appropriate course of action by informing the Building Inspector of their observations and that the complainant should contact the building inspector to address their concerns. 7. DISCUSSION—Economic Development Study Ms. Dachos explained that a meeting on the Economic Development Study was held today and that Mark Paleologopoulos was in attendance on behalf of the Planning Board. She will provide additional information as the project proceeds. 8. FORM A— Springfield/Norris Streets—Mason The members viewed this plan and although it meets the regulations, they took no action on the plan. They questioned the reasoning for the layout. Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to table the Form A for Mason on Norris/Springfield Streets_ VOTE 3-0 9. PERF. AGREEMENT, COVENANT, EASEMENTS—Robin Ridge Estates Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to approve and execute the Performance Agreement, Covenant and Easements for Robin Ridge Estates. VOTE 3-0 w Y Agawam Planning Board December 4, 2008 Page 4 10. PUBLIC HEARING CONT. —Definitive Plan—Farmington Heights— Hillside Development Mr. DePalma's representative requested that this hearing be continued to the Board's first meeting in January and to grant another 30 day extension for the time period for consideration of the plan. Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to continue the public hearing for Farmington Heights to the first meeting in January and to grant another 30 day extension for the time period for consideration of the Plan, as requested by the applicant's representative. VOTE 3-0 11. EASEMENT—Tiny Bull Estates The Board executed this easement which was reviewed and approved by the Town Solicitor. Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to amend the agenda to include the"add-on's". VOTE 3-0 12. PERF. AGREEMENT, LETTER OF CREDIT & REL. OF COVENANT— Connor's Cove Estates Mr. Russo has submitted his Letter of Credit and it has been reviewed and approved by the Town Solicitor. The Covenant can be released and a new Performance Agreement can be executed. Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to approve and execute the Letter of Credit, Release of Covenant and Performance Agreement for Connor's Cove Estates, VOTE 3-0 The meeting adjourned at 8:20 PM. Agawam Planning Board December 18, 2008 Page I AGAWAM PLANNING BOARD December 18, 2008 MEMBERS PRESENT: Travis Ward, Chairman Violet Baldwin — Michael Morassi Mark Paleologopoulos MEMBERS ABSENT: -~- Elaine Awand E' ` cry ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr Mr. Ward called the meeting to order at 6:30 PM. 1. APPROVAL OF MINUTES —December 4, 2008 Motion was made by Mr. Morassi and seconded by Ms. Baldwin to approve the minutes of December 4, 2008 as written. VOTE 3-0-1 (Baldwin abstained) 2. SITE PLAN— Silver Street—Zymroz Roland Cormier(RC Designers) was in attendance as well as the applicant, Mr. Zymroz. Mr. Cormier presented the revised plan that has been submitted to address Engineering Department comments. The Board received a memo from the Engineering Department today that states their remaining concerns can be addressed prior to a Certificate of Occupancy. Mr. Cormier stated that the plan shows the construction of a 5,000 SF building with equipment storage in the rear of the building. Sixteen parking spaces have been provided. Mr. Morassi asked if cut sheets were provided for the lighting. Mr. Ward stated that all lighting must be fully shielded. Mr. Cormier stated that the entrance to the office would be lit. Ms. Dachos asked for the size and species of the proposed landscaping. Mr. Cormier stated that was provided and the plantings will consist of boxwoods and arborvitae. Colors and textures were provided: mission brown shingles with kaki brown vinyl siding. Motion was made by Ms. Baldwin and seconded by Mr. Morassi to approve the Site Plan for Zymroz on Silver Street with the condition that the December 1 S Engineering Department comments be addressed; and all lights are to be shielded. VOTE 4-0 Agawam Planning Board December 18, 2008 Page 2 SITE PLAN— "Slingshot"—Main Street- Six Flags New England John Furman of Vanasse Hangen Brustlin (VHB) was in attendance to present this Site Plan which shows the construction of the "Slingshot"ride in the area that was previously approved for the indoor roller coaster. He explained that no utility work is needed for this. Mr. Paleologopoulos asked how far back from Main Street this would be located and if the existing foundation is sufficient. Mr. Furman stated the location is over 1,000' from Main Street and yes the existing foundation is sufficient. Motion was made by Ms. Baldwin and seconded by Mr. Paleologopoulos to approve the Site Plan for the"Slingshot" conditional upon Engineering Department comments. VOTE 4-0 SITE PLAN—Thomas Site Amenities Main Street—Six Flags New England Mr. Furman stated that this plan shows the construction of a small water tower(16' high) within the Thomas the Train Area. Motion was made by Ms. Baldwin and seconded by Mr. Paleologopoulos to approve the Site Plan for the Thomas Site Amenities conditional upon professional staff comments. VOTE 4-0 SITE PLAN— Superman Amenities— Main Street— Six Flags New England Mr. Furman explained the four components of the site plan: 1) billboard tunnel. Mr. Morassi asked if any lights were associated with this component. Chuck Davis of Six Flags New England was in attendance also and stated yes the face of the billboard would be lit and within the tunnel would be lit but he stated the lights would not be significant in amount. The second component is the fly thm's (two sided billboards); 3) Superman shield tunnel; and 4) flame cannons. Mr. Furman stated that the flame cannons are proposed with above ground propane tanks. Ms. Dachos asked if their present license for propane would be exceeded and if so they would need to go back to the Council. She also asked if the tank was in the floodplain. Mr. Furman stated yes but it will be elevated. He went on to say that ZBA approval is needed for the work in the floodplain and Conservation Commission approval is needed for work in the riverfront. Mr. Morassi asked about safety mechanisms. Mr. Davis stated that these amenities are fully engineered; contain safety mechanisms and access to the area is gated. Ms. Dachos asked how much propane storage was proposed. Mr. Furman stated 1100 gallons. She then asked about the accumulator tank. Mr. Davis stated that is not considered storage. Agawam Planning Board. December 18, 2008 Page 3 Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to approve the Site Plan for"Superman Amenities" with the condition that all professional staff comments be addressed and that the applicant must receive all necessary/applicable state and local permits. VOTE 4-0 Motion was made by Mr. Paleologopoulos and seconded by Ms. Baldwin to amend the order of the agenda and to include the"add-on's". VOTE 4-0 9. BOND RELEASE—Wysteria Lane— Fazio The Engineering Department submitted a memo dated December 17, 2008 outlining the remaining work at this subdivision. Mr. Ward and Mr. Morassi have made site visits and photos were taken. Mr. and Mr. Fazio had requested to not plant shade trees on some of the lots as there are so many trees in the project. Mr. Ward stated that there are trees on the back of the lots but that the shade tree requirement is for the establishment of street trees within 20' of the street line. Mr. Fazio stated that they have planted them in the past and they have been taken down. Mr. Morassi stated that he spoke with Jack Stone regarding the street light issue (Engineering's punch list calls for a street light at the end of the cul-de-sac). Mr. Fazio stated that the street light is not shown on his approved plan and does not feel he is responsible for installing it. Mr. Morassi stated that he was told it is a policy that a street light is always provided at the end of a cul-de-sac even though it is not shown on the plan. Mr. Fazio stated that this was not an issue when the plan was reviewed and approved. Ms. Dachos explained that the placement of streets lights is up to the Department of Public Works. Mr. Morassi went on to say that he sees no reason that the required shade trees shouldn't be provided. Mr. Paleologopoulos asked if the lots had been sold yet. Mr. Fazio stated that three of the lots are sold. The next issue that Mr. Fazio had contention with is the requirement to hold back 50% of the cost to cover the paving through the first winter. He suggested that he place covenants on the undeveloped lots and that individual lot bonds be posted at a later date. He stated that he would get the other property owners to sign covenants. He expressed frustration with trying to get an appointment with the Engineering Department. Mr. Morassi stated that he would re- volunteer to meet with the Engineering Department and Mr. Fazio. Motion was made by Ms. Baldwin and seconded by Mr. Paleologopoulos to deny the request for release of bond for Wysteria Lane based upon the December 17, 2008 Engineering Department comments. VOTE 4-0 3. BOND SETTING—Northfield Estates Agawam Planning Board December 18, 2008 Page 4 The Engineering Department came up with a figure of$364,000 to cover the completion of the Northfield Estates subdivision. Motion was made by Mr. Morassi and seconded by Ms. Baldwin to set the bond for Northfield Estates at $364,000 as recommended by the Engineering Department. VOTE 4-0 Mr. Morassi asked that the Board request a punch list with the bond amounts when they are prepared. BOND SETTING—Robin Ridge Estates The Engineering Department recommended that$301,000 be posted to cover the completion of the Robin Ridge Estates subdivision. Motion was matte by Ms. Baldwin and seconded by Mr. Morassi to set the bond for Robin Ridge Estates at $301,000 as recommended by the Engineering Department. VOTE 4-0 4. FORM A—Garden Street—Calabrese Motion was made by Ms. Baldwin and seconded by Mr. Morassi to approve the plan for Calabrese on Garden Street under"Subdivision Control Law Not Required". VOTE 4-0 PUBLIC HEARING CONT. —Definitive Plan—Farmington Heights This hearing had been continued to the first meeting in January. 7. FORM A—North Street Ext. —VIP Homes This plan was reviewed by the Town Solicitor and it is his opinion that the plan constitutes a subdivision. Motion was made Ms. Baldwin and seconded by Mr. Morassi to deny the plan for VIP Homes on North Street Ext. under"Subdivision Control Law Not Required" as the Town Solicitor has found the plan to constitute a subdivision. VOTE 4-0 BOND REDUCTION Dova Subdivision--Aimwa •r s Agawam Planning Board December 18, 2008 Page 5 The Engineering Department sent a memo to the Board stating that the value of uncompleted work is $90,600. Motion was made by Mr. Morassi and seconded by Ms. Baldwin to reduce the bond being held on the Dova subdivision to $80,600 as recommended by the Engineering Department. VOTE 4-0 The meeting adjourned at 7:30 PM.