2017-BACK MEETING MINUTES A-C - BOARD OF APPEALS MEETING MINUTES 2010-2017 pp
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BOARD OF APPEALS PUBLIC MEETING June 26, 2017
The following members attended the public meeting:
Doreen Prouty - Chair
Richard Maggi-Vice Chair
Gary Suffriti - Clerk
Gary Geiger-Alternate
Aldo Mancini Jr. - Alternate r �`
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Chairperson Prouty opened the meeting at 6:30 PM:
1. Case#1€967: Aleksandr Radionov; 241 and 245 Meadow Street
Chairperson Prouty opened this public hearing by reading the legal notice,explaining the proceWures -�
of the hearing and introducing the members of the Board. Sitting on this case were ChairpeTson
Doreen Prouty,Vice Chair Richard Maggi, and Clerk Gary Suffriti.
Petitioner Aleksandr Radionov and Sergey Kaletin from Pioneer Valley Interiors, Inc. were in
attendance to present a request for a special permit that would allow for the creation of a two family
attached dwelling at the premises identified as 241 and 245 Meadow Street. Mr. Kaletin explained
that a two family home and a single family home both exist on one parcel. They would like to turn
the existing two family home into a one family home and then connect it to the other single family
home. The new duplex would look nicer than what currently exists. Mr. Kaletin said that he had
spoken with the Building Inspector, who had recommended connecting the homes. Letters from
abutters 6iv i,6 apj.1•i to atta the dwellings :,fere subrn ii <' ;tilt Q tb, _ i cits.
Chairperson Prouty stated this is a complicated case. The property was purchased as a legally non-
conforming lot. However, the petitioner increased the non-conformity by dividing the lot with a
recent Form A submission. A building permit on the new lot has been issued and construction has
begun. Chairperson Prouty asked the petitioners if they had recorded the plan with the Registry of
Deeds. Mr. Kaletin answered that they had. Chairperson Prouty requested a new deed or receipt
from the Registry of Deeds that confirms the new lot lines. Member Suffriti commented that the
petitioner should have filed with the Zoning Board of Appeals before dividing the lot. Member
Suffriti stated that neither a duplex or a 3 family home is allowed in a Residence A-2 zone.
Member Maggi agreed with Member Suffriti that the petitioner should have come before the ZBA
before any changes to the property were made. Mr.Kaletin said the Building Inspector will not give
them an occupancy permit for the new home being constructed,on the new lot,until after their ZBA
case. The Board members questioned if the lot lines had not been changed,would the property have
been grandfather to continue the non-conformity. The Board members also question what to do
about two homes existing on one lot if they cannot be connected. If the special permit is denied,
does the ZBA have the authority to say that one of the two homes has to be demolished?
Chairperson Prouty asked if the petitioner knew when the homes were built. Mr. Kaletin answered
approximately 100 years ago. Member Mancini questioned if the abutters knew the lot lines of the
property would also be changing, since there is no mention of it in the letters they signed. Mr.
Kaletin said the abutters are happy with the proposed plan. Member Prouty stated the letters were
signed and dated by abutters prior to the Form A approval.
Chairperson Prouty opened the hearing to the public.
John Juliano, 209 Meadow Street is opposed to granting the special permit. Mr. Juliano has lived
on Meadow Street for 61 years and the area has always been zoned Residence A-2 and Agricultural.
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Duplexes are not allowed in Residence A-2, and he is concerned it would adversely affect
surrounding property values. Mr. Juliano stated there does not seem to be a hardship or any reason
to deviate from the zoning bylaws. Member Prouty asked Mr. Juliano if he knew any history of the
property. Mr. Juliano answered that there has been an illegal two family home on the property as
long as he can remember.Member Suffriti said both homes were originally single family homes,and
that one of them was converted to a two family without permission. Member Maggi asked if it was
built as a two family home. Member Suffriti answered no,it was converted at some point. Member
Maggi asked Mr. Juliano what his thoughts were on the newly created lot. Mr. Juliano said there is
enough frontage, and has no problem with the new construction. He is more concerned about a
duplex in a zone that does not allow for it.
No one else spoke for or against.
Mr. Kaletin asked the Board if they could connect the two homes to create one large one family
home. Member Suffriti said he does not believe so,quoting Chapter 180-11(2). Member Suffriti is
concerned that the character of the neighborhood would be affected because the homes are two
different structure styles. All board members agree more research is needed. The public hearing is
continued to Monday, July 10"', 9.00 AM at the DPW.
2. Discussion and Possible Vote to be Petitioner—Temporary Moratorium on
Recreational Marijuana Establishments
Councilor Suffriti and Councilor Mineo were in the audience. The Board members asked the
Councilor's for an update on the workshop that was proposed at the last meeting. Councilor
Suffriti said a workshop with the City Council, Zoning Board of Appeals and Planning Board
will be scheduled for Monday, July 10"' at 6:30 PM. Councilor Suffriti said he has requested
information from other communities in order to compare recreational marijuana ordinances,and
is also requesting a copy of the latest bill from the Massachusetts Senate. Their goal is to work
on both a recreational marijuana ordinance and a solar ordinance. Chairperson Prouty
commented that the creation of a solar ordinance is a priority, with there being plenty of time to
work on a recreation marijuana ordinance. All board members agree that they would like to
attend the Sub Committee workshop before voting to be a petitioner.
Motion by Member Suffriti and seconded by Member Geiger to continue the discussion and
possible vote to be petitioner for the "temporary moratorium on recreational marijuana
establishments" until the next meeting. All in favor.
3. Vote to Approve Rules and Regulations of the Zoning Board of Appeals
All Board members agree with the language in the draft of the Agawam Zoning Board of
Appeals Rules and Regulations dated June 19, 2017.
Motion by Member Suffriti and seconded by Member Geiger to approve the June 19,2017 draft
of the Agawam Zoning Board of Appeals Rules and Regulations. All in favor.
4. Approval of June 12, 2017 Minutes.
Motion made by Member Geiger and seconded by Member Suffriti to approve the June 12, 2017
minutes. All in favor.
5. New Topics: None
Chairperson Prouty closed this meeting at 7:45 PM 2
BOARD OF APPEALS PUBLIC MEETING April 10, 2017
The following members attended the public meeting:
Doreen Prouty - Chairperson
Richard Maggi-Vice Chair
Gary Suffriti - Clerk
Aldo Mancini -Alternate
Chairperson Prouty opened the meeting at 6:00 PM:
Motion was made by Member Maggi and seconded by Member Mancini to take item one after item
three. All in favor.
2. Approval of March 9, 2017 Minutes.
Motion was made by Member Maggi and seconded by Member Mancini to approve the March 9,
2017 Minutes. All in favor.
3. 40B Presentation--Hancock Associates
Joseph Peznola from Hancock Associates was in attendance to present "Overview of Chapter
40B Fundamentals," a training on the latest developments in affordable housing law. All
members received a new Chapter 40B handbook that includes new regulations and guidelines
issued by the state Department of Housing and Community Development in 2008,2012,and 2014.
1. Vote to Approve Rules and Regulations of the Zoning Board of Appeals
There were some grammatical changes made to the ZBA Rules and Regulations that had been
approved in December 2015. The only information added is the addition of language pertaining
to the Secretary to the ZBA. There was a discussion about taking more time to review the Rules
and Regulations before taking a vote.
Motion made by Member Suffriti and seconded by Member Mancini to table the approval ofthe
Zoning Board of Appeals Rules and Regulations until the April 24,2017 meeting. All in favor.
Chairperson Prouty closed the meeting at 8:30 PM.
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BOARD OF APPEALS PUBLIC MEETING .tune 12, 2017
The following members attended the public meeting:
Richard Maggi -Acting Chair
Gary Suffriti- Clerk "#
Gary Geiger-Alternate r
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Acting Chair Maggi opened the meeting at 6:30 PM: .
1. Continued - Case# 1962 —Eversource Energy--Parcel E3-2-2 (South Westfield Street)
Acting Chair Maggi opened this continued public hearing at 6:30 PM. A letter was submi#ed by
David Viens of Bowdith &Dewey, attorney for Eversource Energy, on May 22, 2017 advising the
Zoning Board of Appeals that Eversource Energy would like to withdraw their appeal.
Motion was made by Member Suffriti and seconded by Member Geiger to accept the petitioner's
request to withdraw. All in favor.
2. Approval of May 22,2017 Minutes
Motion made by Member Suffriti and seconded by Member Geiger to approve the May 22, 2017
minutes. All in favor.
3. Continued - Case 91963—Eversource Energy—Parcel 138-1-2- (South West Street)
Acting Chair Maggi opened this continued public hearing at 6:45 PM. A letter was submitted by
David Viens of Bowdith& Dewey, attorney for Eversource Energy, on May 22,2017 advising the
Zoning Board of Appeals that Eversource Energy would like to withdraw their appeal.
Motion was made by Member Geiger and seconded by Member Suffriti to accept the petitioner's
request to withdraw. All in favor.
4. Case#1965—Carl Pinette,Marsha Pinnette,Aline Stolar c/o Michael Pill,Esq.—Parcel E3-
2-2 (South Westfield Street)
Acting Chair Maggi opened this public hearing at 7:00 PM by reading the legal notice,explaining the
procedures of the hearing and introducing the members of the Board. Sitting on this case were
Acting Chair Richard Maggi, Clerk Gary Suffriti and Alternate Gary Geiger.
An email from Michael Pill, Esq., attorney for the petitioners, was received on June 9, 2017
requesting to withdraw their appeal.
Motion was made by Member Geiger and seconded by Member Suffriti to accept the petitioner's
request to withdraw. All in favor.
5. Case 41966—Carl Pinette,Marsha Pinnette,Aline Stolar c/o Michael Pill,Esq.--Parcel B8-
1-2 (South West Street)
Acting Chair Maggi opened this public hearing at 7:15 PM by reading the legal notice,explaining the
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procedures of the hearing and introducing the members of the Board. Sitting on this case were
Acting Chair Richard Maggi, Clerk Gary Suffriti and Alternate Gary Geiger.
An email from Michael Pill, Esq., attorney for the petitioners, was received on June 9, 2017
requesting to withdraw their appeal.
Motion was made by Member Geiger and seconded by Member Suffriti to accept the petitioner's
request to withdraw. All in favor.
6. Case#1964—MAAHI Petroleum Corp.—308 Suffield Street(now known as 373 Rowley St.)
Acting Chair Maggi opened this public hearing at 7:30 PM by reading the legal notice,explaining the
procedures of the hearing and introducing the members of the Board. Sitting on this case were
Acting Chair Richard Maggi, Clerk Gary Suffriti and Alternate Gary Geiger.
A letter was submitted by John Strandberg of JLS Architects,Inc. dated May 23,2017,on behalf of
his client, requesting to withdraw their application without prejudice.
Motion was made by Member Suffriti and seconded by Member Geiger to accept the petitioner's
request to withdraw without prejudice. All in favor.
7. Discussion of any topics that the Chair did not reasonably anticipate-None
Acting Chair Maggi closed the meeting at 7:35 PM
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BOARD OF APPEALS PUBLIC MEETING May 22, 2017
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The following members attended the public meeting:
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Doreen Prouty -Chairperson a)z
Richard Maggi- Vice Chair
Gary Suffriti- Clerk w 3s
Aldo Mancini—Alternate
Gary Geiger- Alternate :;� ><
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Chairperson Prouty opened the meeting at 6:30 PM:
1. Discussion and Possible Vote to be Petitioner—Temporary Moratorium on Recreational
Marijuana Establishments
Associate Solicitor Stephen Buoniconti was in attendance to present the proposed Temporary
Moratorium on Recreational Marijuana Establishments. Attorney Buoniconti stated a
moratorium was first brought before the City Council by Councilor Theroux and Mayor Cohen,
but was withdrawn with no action taken. Next the Planning Board was asked to sponsor the
proposed ordinance, but the Planning Board declined to sponsor at their May 4, 2017 meeting.
M.G.L. Chapter 40A§ 3 allows for the Zoning Board of Appeals to be a sponsor of any zoning
ordinance.
Council President James Cichetti was in the audience, and stated to the Board that the City
Council is currently working on a recreational marijuana ordinance. Councilor Cichetti said that
the Commonwealth already has a moratorium in place until July 2018, which gives the Town
plenty of time to create an ordinance.
Attorney Buoniconti went over the proposed moratorium language with the Board members. He
explained that the Commonwealth does have a moratorium in place until July 1, 2018, with
applications being accepted starting April 1, 2018. Attorney Buoniconti stated that in the
meantime, we do not know what type of regulations will be created. This will make it
complicated to create an ordinance with no guidelines to follow. A moratorium will create an
extra level of protection for the Town, and will stop any applications from rushing in.
Member Prouty wants to do what is right for the Town, stating that either a moratorium or
ordinance needs to be created before .Tully 1, 2018. Member Prouty expressed the need for all
boards and departments to be asked for input if an ordinance is being drafted. Member Maggi
asked why the ZBA is being asked to sponsor a moratorium when the City Council is in the
process of creating an ordinance. Member Suffriti said the Legislative Sub-Committee should
continue to work on an ordinance. All Board members agree that they would like to research the
topic more and vote at a different time.
Motion made by Chairperson Prouty and seconded by Member Suffriti to continue the discussion
and possible vote to be petitioner for the "Temporary Moratorium on Recreational Marijuana
Establishments" until the June 26, 2017 meeting. All in favor.
2. Vote to Approve Rules and Regulations of the Zoning Board of Appeals
All board members agree on new language for the removal of a member of the board. The new
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language will read "Any member may be removed for cause by the appointing authority (City
Council)upon written allegations and a unanimous vote of the sitting members. The senior alternate
member, if needed, will sit in the place of the person against whom the allegation is made. Such
case may include the unexcused absence of a member from six(6)consecutive regularly scheduled
meetings." Member Maggi made recommendations for minor changes throughout the document that
will be considered. A new draft of the ZBA Rules and Regulations will be created for the Board
members to review.
3. Approval of April 24,2017 Minutes
Motion made by Member Suffriti and seconded by Member Maggi to approve the April 24, 2017
minutes. All in favor.
4. Discussion of any topics that the Chair did not reasonably anticipate
Member Suffriti would like it to be documented that Member Maggi, who was the Acting Chair at
the September 26,2016 meeting,told him that he could not sit on case#1957(Charles A.Calabrese,
33 Highland Avenue) because he is also a contractor,which created a conflict of interest. Member
Suffriti left the September 26, 2016 meeting at 6:25 PM. Member Maggi said he did not tell
Member Suffriti he could not sit on case #1957 and that being a contractor would have been
beneficial to the board, not a conflict of interest.
Chairperson Prouty closed the meeting at 8:20 PM.
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BOARD OF APPEALS PUBLIC MEETING March 9, 2017
The following members attended the public meeting:
Doreen Prouty - Chairperson
Richard Maggi-Vice Chair
Aldo Mancini- Alternate
Chairperson Prouty opened the meeting at 8:30 AM:
1. Discussion—Application for 33 Highland Avenue - Kudlic
The purpose of this meeting is to discuss an application Mr. Kudlic has submitted to the ZBA
concerning property located at 33 Highland Avenue.At the last meeting,Member Maggi wished to
contact the Law Department to get a legal opinion regarding Section 180-7, nonconforming uses.
Attorney Toney responded to that question in a memo, dated March 2nd, stating that a
nonconforming use cannot be re-established after its discontinuance.
Member Prouty originally thought that the dimensional area of the property was protected since it
was legally created in the late 1800's with the use of the property always being in conformance to the
by-law. Since the last meeting, Member Prouty has researched the issue and is now in agreement
that the property is not protected as a separate lot due to the fact that the lot was built upon before it
became nonconforming and the structure was demolished in late 2012 or early 2013. The local by-
law states that a new structure must begin construction within 6 months after.
Member Mancini stated there were many social clubs in Agawam in the past. He went and looked at
some of these properties now being used as 2 family residences,constructed as duplexes.He believes
there should be a way to allow Mr.Kudlic to rebuild on his property so as not to lose the right to use
this lot.
All three members agreed that this situation does not meet requirements, either state or local, to
allow Mr. Kudlic to build a new 2 family structure on this lot under a special permit.
The vote—Member Prouty-no, Member Mancini-no, Member Maggi- no.
Therefore, by a unanimous vote, Mr. Kudlic cannot petition the Planning Board to allow for a new
special permit request within the two year requirement.
Chairperson Prouty informed the members that Mr.Kudlic will be filing for a Variance and the date
for that hearing will probably be in late April.
2. Approval of Minutes—January 9 and February 23, 2017 ;
Chairperson Prouty called for a vote to approve the January 9th minutes. Seconded by IV riber =f,
Maggi. All in favor. �.
Chairperson Prouty called for a vote to approve the February 23rd minutes. Seconded by 11iib
Maggi. All in favor.
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3. New Topics -None
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Chairperson Prouty closed the meeting at 9:15 AM.
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BOARD OF APPEALS PUBLIC MEETING April 2 ,2017
The following members attended the public meeting: ;
Doreen Prouty- Chairperson - y
Richard Mai - Vice Chair ;; b
Gary Suffriti-Clerk
Aldo Mancini—Alternate
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Gary Geiger -Alternate
Chairperson Prouty opened the meeting at 6:00 PM:
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1. Vote to Approve Rules and Regulations of the Zoning Board of Appeals
The Board members discussed the language used on the second page, second paragraph
regarding unexcused absences. Member Suffriti would like to see language added stating the
appointing authority, City Council, should also be the authority on vacating a position.
Councilor Rossi is in attendance in the audience, and when asked said any cause for charges
could be heard by the City Council. Other language was discussed, including the definition of
the zoning administrator and plan submittal. All members agree to consider potential changes
for the next meeting.
Motion made by Member Mancini and seconded by Member Suffriti to table the approval of the
Zoning Board of Appeals Rules and Regulations until the next scheduled meeting. All in favor.
Member Geiger entered the meeting at 6:30 PM.
2. Case#1961 -John G. Kudlic—33 Highland Avenue
Chairperson Prouty opened this public hearing at 6:30 PM by reading the legal notice,explaining the
procedures of the hearing and introducing the members of the Board. Sitting on this case were
Chairperson Doreen Prouty, Mice Chair Richard Maggi, and Clerk Gary Suffriti.
Petitioner John G.Kudlic was present,and stated he was advised by his attorney to ask the Board to
withdraw his petition without prejudice.
Motion made by Chairperson Prouty and seconded Member Suffriti to accept the petitioner's request
to withdraw without prejudice. All in favor.
The Board members discussed whether Mr.Kudlic would need to apply for a special permit or for a
variance if he were to reapply.
5. Approval of April 10,2017 Minutes
Motion made by Chairperson Prouty and seconded by Member Maggi to approve the April 10,2017
minutes. All in favor.
Chairperson Prouty left the meeting at 6:55 PM.
3. Case# 1962—Eversource Energy--Parcel E3-2-2 (South Westfield Street)
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Acting Chair Maggi opened this public hearing at 7:00 PM by reading the legal notice,explaining the
procedures of the hearing and introducing the members of the Board. Sitting on this case were
Acting Chair Richard Maggi, Clerk Gary Suffriti and Alternate Gary Geiger. Acting Chair Maggi
explained that Chairperson Prouty excused herself from the hearing because she is a direct abutter to
the property.
David Viens of Bowdith & Dewey, attorney for Eversource Energy, was in attendance for this
hearing. Board members received an email on April 24,2017 dated April 24,2017 from Mr.Viens
asking for a 60 day continuance on their public hearing. Mr.Viens explained to the Board members
that the appeal is partially moot because of the Planning Board's recent approval of the South
Westfield Street Site 5 site plan after taking the site plan off the table. Mr. Viens' stated their
concern is with the possibility of a solar ordinance that would affect the site plan. A continuance
would also lessen any additional work or cost associated with the appeal. Member Maggi stated he
thought the appeal was of the non-action by the Planning Board in regards to the site plan. Mr.
Viens' explained that the appeal was based on the belief that the Planning Board improperly delayed
site plan review because of the proposed solar ordinance. Member Maggi stated no final action has
been reached because the issuance or denial of a building permit has not occurred, which would
make this appeal not ripe. Mr. Viens' quoted Chapter 180 section 13 paragraph C 6, stating the
Planning Board's decision to table the site plan review should be considered a decision.
Member Maggi stated he had no objection to the continuance, and scheduled the hearing to be
continued to June 12, 2017 at 6:30 PM. Mr. Viens' stated the decision time following the close of
the public hearing will also be extended the appropriate amount of days.
4. Case #1963—Eversource Energy—Parcel B8-1-2- (South West Street)
Acting Chair Maggi opened this public hearing at 7:15 PM by reading the legal notice,explaining
the procedures of the hearing and introducing the members of the Board. Sitting on this case were
Acting Chair Richard Maggi, Clerk Gary Suffriti and Alternate Gary Geiger. Acting Chair Maggi
explained that Chairperson Prouty excused herself from the hearing because she is a direct abutter to
one of the Eversource Energy project properties.
David Viens of Bowdith & Dewey, attorney for Eversource Energy, was in attendance for this
hearing. Board members received an email on April 24,2017 dated April 24,2017 from Mr.Viens
asking for a 60 day continuance on their public hearing.
As in the previous case, Member Maggi had no objection to the continuance, and scheduled the
hearing to be continued to June 12, 2017 at 6:45 PM. The decision time following the close of the
public hearing will also be extended the appropriate amount of days.
Chairperson Prouty entered the meeting at 7:25 PM.
6. Discussion of any topics that the Chair did not reasonably anticipate
Councilor Rossi spoke to the board members about the need for a clear definition of where solar
projects are allowed in the town.
Chairperson Prouty closed the meeting at 8:00 PM.
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BOARD OF APPEALS PUBLIC MEETING February 23, 2017
The following members attended the public meeting:
Doreen Prouty - Chairperson
Richard Maggi-Vice Chair
Aldo Mancini -Alternate
Chairperson Prouty opened the meeting at 9:00 AM:
1. Discussion—Application for 33 Highland Avenue - Kudlic
The purpose of this meeting is to discuss an application Mr. Kudlic has submitted to the ZBA
concerning property located at 33 Highland Avenue. Originally, a Mr. Charles Calabrese applied
for a special permit to construct a duplex on this property and was denied by the ZBA on
September 26, 2016. The basis of that denial states: ... "Members Maggi and Geiger argued
against granting the permit on the basis that the frontage on Highland Avenue was clearly
inadequate and that the issues relating to safety far outweighed any such argument to support
issuance."
Chairperson Prouty explained that this meeting is necessary to satisfy the requirements under
Section 16 of MGL, Ch. 40A "Repetitive Petitions." She explains that the new application is
basically no different from the original plan except the structure has been moved a few feet to
create different setbacks. However, she believes the previous decision did not take into
consideration that the property is a legal non-conforming lot. Member Mancini provided
documentation showing that the residential lots on this street were created in 1895. As such,
member Prouty believes the lot is able to be built upon.
Member Maggi disagrees. He cites Section 180-7 B(4) and C of the Town's zoning ordinances.
He believes Mr. Kudlic lost all rights to build on this lot when he removed the structure that had
originally occupied that site. Member Prouty states this section concerns the use of property not
the dimensional requirements. She states the use being requested by Mr. Kudlic (duplex, 2 family
residence) is allowed under the Town's Residential B zoning district. The proposed structure will
meet all setback requirements. A person's right to build is still allowed as long as such lot falls
under the category of a non-conforming lot.
Member Maggi would like an opinion from the law department. He will submit a letter.
A new meeting will be scheduled as soon as Member Maggi hears from the law department.
2. New topics -None 4 Y`
Chairperson Prouty closed the meeting at 10.00 AM. _
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BOARD OF APPEALS PUBLIC MEETING Jan 9, 20
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The following members attended the public meeting:
Doreen Prouty- Chair
Richard Maggi- Vice Chair co
Gary Geiger- Alternate ,,
Aldo Mancini Jr. - Alternate '
Chairperson Prouty opened the meeting at 6:30 PM:
1. Case#1959: Mark& Maria Graveline,Monica&Justin Curtis; 40 Valentine Street
Chairperson Prouty opened this public hearing by reading the legal notice,explaining the procedures
of the hearing and introducing the members of the Board. Sitting on this case were Chairperson
Doreen Prouty, Vice Chair Richard Maggi, Acting Clerk Gary Geiger.
Petitioners Mark&Maria Graveline and Monica&Justin Curtis were in attendance to present their
request for a variance so they may build a front porch on their home at 40 Valentine Street. Ms.
Monica Curtis stated an addition to the home has already been built,and that adding on a front porch
would make the home more appealing. The porch would be flush to the front of the adjacent homes
on each side of the petitioner, and will blend in with the neighborhood.
Mr. Justin Curtis presented a letter to the members of the Board from Miriam F. Taupier.
Chairperson Prouty read the letter into the record,which stated that Ms. Taupier is"in favor of their
plans." Member Geiger asked if they are proposing an open air porch. Mr. Curtis answered yes.
Chairperson Prouty read into record the first paragraph of Section 10 of MA General Laws Chapter
40A ("The Zoning Act"). Chairperson Prouty then explained what is needed to receive a variance
and that the petitioners have not met the conditions. Member Maggi is concerned the front setback
would be encroached upon. Ms. Maria Graveline stated the porch would be no closer to the road
than the front of the neighbor's home. Chairperson Prouty explained that could be allowed for in a
Residence B zone, but is not allowed for in a Residence A-2 zone.
Chairperson Prouty opened the hearing to the public; no one spoke for or against.
Chairperson Prouty explained the twenty(20)day appeal process,closed the public hearing and went
directly into a public meeting.
Member Maggi asked if the petitioner should have applied for a special permit instead of a variance.
Chairperson Prouty stated that she and Erik Wight, Building Inspector and Zoning Officer for the
Town of Agawam, decided that a variance would be needed. Members Geiger and Mancini agree
that a front porch would make the home look nice. Ms. Graveline asked why they cannot add the
front porch if an addition to the home was approved. Chairperson Prouty explained that the addition
to the home was conforming and did not require a special permit or variance. The Board Members
and petitioners discuss possible options that would not require a special permit or variance.
Chairperson Prouty called for a vote:
Prouty—No, Maggie—No, Geiger—No.
Chairperson Prouty stated that with a unanimous vote, petitioners Mark & Maria Graveline and
Monica& Justin Curtis have been denied a variance. l
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2. Case#1960: Pavel Kuzmenko; 63 High Street
Chairperson Prouty opened this public hearing by reading the legal notice,explaining the procedures
of the hearing and introducing the members of the Board. Sitting on this case were Chairperson
Doreen Prouty, Vice Chair Richard Maggi, Acting Clerk Aldo Mancini Jr.
Petitioner Pavel Kuzmenko was in attendance to present his plan to construct a duplex on the legally
non-conforming lot at 63 High Street. Mr. Kuzmenko explained that his original plan was to
renovate the existing home and has received a building permit for an addition. While working on the
addition, he spoke with Erik Wight, the Building Inspector, who advised him of his options for the
property. One of them was to apply for a special permit to build a duplex. Mr. Kuzmenko said if he
is unable to obtain a special permit,he will continue with the renovation and addition. Chairperson
Prouty asked if Mr. Kuzmenko is going to tear down the existing home. Mr.Kuzmenko said only if
he receives a special permit to build a duplex, otherwise he will renovate the existing home. Mr.
Kuzmenko stated he plans on living in the duplex with his family. Mr. Kuzmenko stated if he
constructs a duplex, the new set back would be 30 feet. The Board members discussed the lot
coverage, side yard and set back requirements for areas zoned Residence B. The proposed plan will
meet all requirements.
Chairperson Prouty read into the record a letter from David Chapman, 72 Cooley Street. Mr.
Chapman abuts the rear of 63 High Street,and expressed his concern about the new foundation that
has been poured at the rear of the property. He stated he believes it is a second home on the lot,and
it is too close to the rear of his property.Mr.Chapman is against the granting of a special permit,and
included a photo of the rear of 63 High Street that was taken from the rear of his home. Mr.
Chapman is in attendance at the meeting. Member Maggi asked Mr. Kuzmenko if he will be
removing the original home. Mr. Kuzmenko stated he will if he is able to build a duplex,otherwise
the new foundation is for an addition. Mr.Kuzmenko stated the existing home has a slab foundation
that is damaged and has a lot of water issues. Chairperson Prouty expressed concern about the
foundation already existing on the property. Mr. Kuzmenko said he had a permit to pour the
foundation for an addition.
Chairperson Prouty read into the record a letter from Yevgeny Liventsov, 51 High Street. Mr.
Liventsov stated he is against a zone change for the property. Chairperson Prouty explained Mr.
Kuzmenko's petition is not for a zone change. Mr. Liventsov also stated in his letter"my house is in
Agawam,in a Residence B zone,which is now restricted to single family uses." Chairperson Prouty
explained that duplexes are allowed in a Residence B zone. Mr. Liventsov further wrote that he
would like the Planning Board to withdraw their rezoning proposal. Chairperson Prouty explained
that this petition is not for rezoning and does not go before the Planning Board. Mr.Liventsov is in
attendance at the meeting. Chairperson Prouty explained to Mr. Liventsov what the current petition
was for.
Chairperson Prouty opened the hearing to the public.
Yevgeny Liventsov. 51 High Street worked with a translator to speak with the Board members.
Mr. Liventsov is concerned about his property value decreasing, and worried about having a rental
property near his home. Mr. Liventsov is also concerned about an increase in parking issues on the
street.
David Chapman, 72 Cooley Street is concerned about the duplex being too close to the rear of his
property, and is also worried about his property value decreasing. Mr. Chapman stated he would
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rather see a 1 family home built. Mr. Chapman asked if anything could be planted at the rear of 63
High Street to create a buffer. Mr. Chapman is happy to hear that the petitioner plans to live on the
property with his family. Member Mancini asked if arborvitaes can be planted along the rear of the
property.
Sergey Savonin, 30 Clifton Drive stated he is the contractor working with Mr. Kuzmenko. Mr.
Savonin explained the existing home is in terrible condition. If removed, the space in front of the
proposed duplex can be used for parking,which will improve the neighborhood by keeping parking
off the street.
Hope Goff,39 King Street asked if the driveways would be on each side of the lot with a lawn in the
front. Mr. Kuzmenko answered yes.
Robert Goff,39 King Street said the existing home on the lot is in terrible condition. Mr.Goff stated
the home had been passed down through the family, but has not been kept up. Currently the home
has started to shift off the crumbling foundation.
David Chapman, 72 Cooley Street asked if the proposed duplex will be 2 stories. Mr. Kuzmenko
answered yes.
Chairperson Prouty explained the twenty(20)day appeal process,closed the public hearing and went
directly into a public meeting. Chairperson Prouty stated the current structure on the property is in
such disrepair that rehabilitation would be expensive. While the addition is conforming, a change
from a 1 family to a duplex requires a special permit. Chairperson Prouty stated she is in favor of the
proposed duplex.
Chairperson Prouty stated the following conditions and called for a vote:
1. The proposed addition shall be built according to the plan submitted, entitled "Site Plan for
Pavel Kuzmenko, drawn by Anderson Associates, dated October 2016" and signed by the
members of this Board.
2. The existing one family structure must be demolished before the proposed duplex receives its
certificate of occupancy.
3. The proposed duplex will be situated on the subject property as shown on the plan described
as "proposed addition".
4. The petitioner shall plant arborvitae along the rear subject property which abuts 72 Cooley
Street.
5. There will be no second story windows on the rear side of the duplex.
6. This Special Permit is for the shortage of frontage and lot size only. All other zoning
requirements are to be met.
7. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit" form,which shall be provided by this Board and proof of said filing must be
submitted to this Board and to the Inspector of Buildings.
8. This Special Permit shall become null and void if construction does not commence within
three (3)years from the date of this decision.
Prouty—Yes, Maggi—Yes, Mancini—Yes. All in favor
3. Approval of October 11, 2016 Minutes.
3
Motion made by Chairperson Prouty and seconded by Member Maggi to approve the October 11,
201E minutes. All in favor.
4. New Topics:
There were no new topics to discuss.
Chairperson Prouty closed this meeting at 7:55 PM
4
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BOARD OF APPEALS PUBLIC MEETING October 11, 2016
The following members attended the public meeting:
Doreen Prouty -Chairperson
Richard Maggi- Vice Chair
Gary Geiger- Alternate
Aldo Mancini-Alternate
Chairperson Prouty opened the meeting at 6:30PM:
Chairperson Prouty explained that Member Maggi will chair the continuation of the public
hearing for case#1956.
1. Continuation: Case#1956: Cellco Partnership d/b/a Verizon Wireless; 1623 Main St.:
Member Maggi re-opened the public hearing. Member Maggi stated the Board has reviewed the
response from David Maxson, WCP,an independent consultant at Isotrope, LLC. Member
Maggi cited from Mr. Maxson's review"overall, it is difficult to imagine a wireless facility with
less of an incremental impact outside the boundaries of the parcel on which it will be located."
Member Maggi opened the hearing to the public. No one spoke for or against the petition.
Member Maggi explaining the 20 day appeal period, closed the public hearing and went directly
into a public meeting. Member Maggi reviewed the findings and conditions and called for a
vote.
Richard Maggi-yes, Gary Geiger- yes, Aldo Mancini Jr. —yes. All in favor.
2. Approval of Minutes:
Motion made by Member Maggi and seconded by Member Geiger to approve the September 26,
2016 minutes. All in favor.
Motion made by Member Maggi and seconded by Member Mancini to approve the September
26, 2016 Executive Session minutes. All in favor.
3. Any Other Business:
There was no further business to discuss. ==
Motion made by Member Maggi to adjourn at 6:40 PM. All in favor. b r:
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1
BOARD OF APPEALS PUBLIC MEETING September 26, 2016
The following members attended the public meeting:
Richard Maggi- Acting Chairperson
Gary Suffriti--Clerk
E -1 I .
Gary Geiger- Alternate C= `
Aldo Mancini -Alternate C
_ --+
Acting Chair Maggi opened the meeting at 6:00 PM: n,
1. Executive Session—Discussion—Mushy's Golf Center,LLC: :
c
Member Maggi explained that Attorney Pat Toney has requested an executive session wiWthe
Board. Member Maggi motioned to go into executive session to discuss the Mushy's proF4rty, ii
which was seconded by Member Suffriti. All in favor. Executive session minutes are prepared
under separate cover.
Member Suffriti left the meeting at 6:25 PM
2. Case#1956: Cellco Partnership d/b/a Verizon Wireless; 1623 Main Street:
Member Maggi opened this public hearing by reading the legal notice, explaining the procedures
of the hearing and introducing the members of the board. Sitting on this case were Acting
Chairperson Richard Maggi, Alternate Gary Geiger, and Alternate Aldo Mancini. Representing
the petitioner was Attorney Ellen Freyman of Shatz, Schwartz & Fentin. Kelly Lamay and Jay
Latorre, Verizon Radio Frequency specialists, and Doug Roberts from Hudson Engineering, were
also introduced by Ms. Freyman.
Cellco Partnership is requesting a special permit to allow for a personal wireless service facility
consisting of a 64' wood pole and a 10' x 12' wood enclosure within Six Flags New England.
Ms. Freyman stated the goal is to improve cellular service within the park, which will in turn
improve service for the surrounding area. The shorter wooden pole is designed to blend into the
park.
Doug Roberts, Architect for Hudson Design Group, explained they will construct the wooden
enclosure on a preexisting steel platform, with the 64' foot wood pole next to it. Utilities can be
connected from an existing storage area. The wood pole is more cost effective, will blend into
the other structures nearby in the park, and will not need the same foundation that a metal
monopole would require.
Member Maggi asked if the new wireless facility will serve the local community. Ms. Lamay
explained that the current tower at 1804 Main Street is in exhaust, especially with increased
traffic from the park. The new wireless service facility will provide service to the guests of the
park, which will allow for better service for customers who are provided coverage from the
monopole at 1804 Main Street. Ms. Lamay stated that they are unable to add any more
equipment to increase area service at the 1804 Main Street site. Member Maggi asked if the
wireless service facility will interfere with the electrical operation of the amusement park rides.
Mr. Latorre explained that the wireless service facility has no effect on the electrical operation of
any equipment. Mr. Latorre also stated the frequency licenses are separate from any Six Flags
New England would use on their grounds, which means any two way radio communication
would not be interrupted. 1
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Member Mancini asked how deep the pole will be placed in the ground, and if there will be any
guy-wires. Mr. Roberts informed the Board that the pole will be buried approximately 10 feet
into the ground, and there will be no guy-wires.
Member Maggi read into the record a letter from the Agawam Planning Board to Cellco
Partnership dba Verizon Wireless,Cc:Zoning Board of Appeals,which informed the petitioner
"at its duly called meeting held on September 15, 2016,the Agawam Planning Board voted to
approve the Site Plan entitled "Bell Atlantic Mobile of Massachusetts Corporation, Ltd., dba
Verizon Wireless,Agawam SF MA, 1623 Main Street,Agawam,MA 01001"dated 6I6116 and
prepared by Hudson Group Design."
Member Maggi opened the hearing to the public.
Jeff Bissonnette, 1241 Carew Street, Springfield, spoke in favor of the new wireless service
facility. He stated it will benefit both Six Flags New England patrons and the community, and
also commented that the wooden pole and height will blend in to its surroundings with in the
park.
Jen McGrath, 1623 Main Street, Agawam, stated the new wireless service facility will improve
the quality of social media engagement for their guests who use Verizon Wireless.
Member Maggi read into record section 180—95 of the zoning bylaws. He motioned to send the
application to an independent consultant. All board members agree. Member Maggi motioned to
continue the hearing to October 11, 2016 at 6:30 PM. All in favor
3. Case#1957: Charles A. Calabrese (Calabrese Construction LLC); 33 Highland Avenue.
Member Maggi opened this public hearing by reading the legal notice, explaining the procedures
of the hearing and introducing the members of the board. Sitting on this case were Acting
Chairperson Richard Maggi, Alternate Gary Geiger, and Alternate Aldo Mancini. The petitioner,
Charles A. Calabrese, explained he would like to construct a duplex on the currently vacant lot.
The lot is zoned Residence B, which allows for a duplex,has adequate square footage (13,000 sq.
ft.), but has insufficient frontage (35 feet). The proposed plan conforms to all side yard and set
back requirements, and will be set father back on the property than the original structure. Mr.
Calabrese stated the previous owner demolished the Victor Emmanuel Club after being asked to
do so by the Mayor. Mr. Calabrese stated if the former building had not been demolished,he
could have rebuilt on the once existing foundation.
Member Maggi asked the petitioner when he purchased the property. Mr. Calabrese stated he
purchased the property in July, 2016. Member Maggi asked the petitioner when the former
building was demolished. Mr. Calabrese stated the previous owner, Mr. Kudlic, had the building
demolished around 2014 or 2015. Member Maggi asked if a demolition permit was pulled, Mr.
Calabrese said he believed there was. Member Maggi read into the record a letter sent by
certified mail from Dominic Urbinati,Inspector of Buildings,to John G. Kudlic dated April 23,
2012. The letter informed Mr. Kudlic he was in violation of the State Building Code (section
116) and the State Sanitary Code (Section 105), and asked for the property owner to obtain a
permit to rehabilitate, secure, or demolish the structure within 14 days.
Member Maggi opened the hearing to the public.
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Timothy Morris, 59 Highland Avenue, spoke in opposition of the proposed duplex. He stated he
purchased two adjacent lots in 1989, with his home existing on one of the lots. He was told he
would be unable to build on the second lot because there was only 50 feet of frontage.
Kathleen Condron, 58 Highland Avenue, spoke in opposition. She stated a duplex there would
cause a problem for snow removal because the town plows snow onto the vacant lot. Ms.
Condron also expressed concerns about increased traffic on the street and problems with on street
parking.
Thomas Hannon, 39 Highland Avenue, asked if this would be considered spot zoning because it
is a single family neighborhood. He also stated he observed an oil tank being buried in the
ground when the structure on 33 Highland Avenue was demolished.
Denise Roy-Geagan, 15 Highland Avenue, spoke in opposition. She stated that Highland
Avenue is a small, dead-end street. With no sidewalks, increased traffic would be a safety issue,
especially for pedestrians and children in the neighborhood. Ms. Roy-Geagan also mentioned
that the former building was an eye sore in the neighborhood.
Kathleen Lussier, 25 Highland Avenue, commented that along with all the other concerns
mentioned, she is concerned about the high turnover of residents that comes with a rental
property. Ms. Lussier asked if building a single family home on this lot would also require a
special permit. As this lot has insufficient frontage, any proposed work would have to be filed
with the Board of Appeals.
Christopher Lussier, 25 Highland Avenue, stated the addition of a duplex would create an issue
with on street parking. The congestion on the street would make it hard for vehicles to turn
around. Mr. Lussier also stated the neighborhood had complained about the property being an
eye sore for years, but the former structure could have been rehabilitated.
No one spoke in favor_
Member Maggi explained the 20 day appeal process, closed the public hearing and went directly
into a public meeting. Member Maggi stated he is against granting the special permit. Mr. Maggi
stated the 35 feet of frontage is less than half the required amount, and the proposed duplex
would promote future problems with traffic, on street parking, and pedestrian safety.
Member Maggi called for a vote:
Maggi —No, Mancini—Yes, Geiger—No
Member Maggi stated with a vote of 2 No and 1 Yes, Charles A. Calabrese (Calabrese
Construction LLC) has been denied a special permit.
4. Approval of August 26,2016 Minutes:
Member Maggi motioned and Member Geiger seconded to approve the August 26, 2016
Minutes. All in favor.
5. Any Other Business:
There was no further business to discuss.
Member Maggi closed this meeting at 7:25PM
3
BOARD OF APPEALS PUBLIC MEETING August 26, 2016
The following members attended the public meeting:
Doreen Prouty- Chairperson
Gary Suffriti- Clerk
Aldo Mancini- Alternate
Chairperson Prouty opened the meeting at 9:00AM:
1. Continuation - Case#1955: Antoni& Florence Baszak; Parcel G10 2 6:
Chairperson Prouty continues the hearing for Case#1955. She states she has received the
necessary deed as required by MGL.CH.40A, Section 6. This deed shows that the subject
property was sold as a separate lot in 1971 to the petitioners. Members Suffriti and Mancini have
also read this deed and agree with member Prouty. There was no other discussion. Chairperson
Prouty describes the 20 day appeal period and closes the hearing at 9:05AM.
Chairperson Prouty immediately opens the meeting. She states she is ready to decide in favor of
the petitioners. Members Suffriti and Mancini state they also are in favor of the petitioners. The
vote of the three members to overturn the decision of the Inspector of Buildings and rule that this
subject property enjoys separate lot protection as described ion Ch. 40A, Section 6 is as follows:
Prouty-yes, Mancini-yes and Suffriti- yes.
2. Approval of August 22,2016 Minutes
Chairperson Prouty calls for a vote to accept the August 22nd minutes with slight corrections.
Member Suffriti seconds. All in favor.
Chairperson Prouty closes this meeting at 9:15AM.
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2016 SEP -9 AM 10, 21 Gc
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Minutes:August 22, 2016
Members attending:
Doreen Prouty
Rich Maggi
Gary Suffriti
Gary Geiger
Aldo Mancini
Chairperson Prouty opened the meeting at 6:3OPM
1.Case# 1953 Geraldine Schilling-Nordal
Sitting members;Doreen Prouty,Chairperson,Aldo Mancini,Actiing Vice-Chairman,Gary Suffriti,Clerk.
Chairperson opens the continuation of Case# 1953.She explains that the members went on a site visit and
spoke with the petitioner and also went next door to the Lafave's property and spoke with Mr.Lafave and
Mr.&Mrs.Palera who also abut the subject property.
John from R.Levesque Associates,Inc.speaks for the petitioner.Chairpersons Prouty reads the e-mail
received from the Waves.There are no new comments from the people in attendance nor from the board
members.
Chairperson Prouty explains the 20 day appeal period,closes the hearing and goes directly into a meeting.
Member Suffriti continents on the e-mail received from the Lafaves_Mr.Lafave is worried about the next
owner being allowed to build more additions.Member Suffiiti states the board cannot add a restriction that
there can be no more additions,talks about landscaping,foundation,gutters,keeping it one story.
Chairperson Prouty explains why the board cannot put a restriction on future additions.There is talk about
requiring arborvites along property line to help block view from the Lafaves property.The members also
agree that the addition must continue the existing side yard,not to go any closer the the property line than
that which exists.The petitioner agrees with this.
Chairperson Prouty calls for a vote to grant this request with conditions to be agreed upon. Member Suffriti
votes yes,member Mancini votes yes and member Prouty goes yes. The members then talk and agree upon
the conditions of this special permit. The side yard of the new addition shall be the same as the existing
legal non-conforming side yard.The pitch of the roof on the addition shall be no greater than a 6 pitch.
There will be no windows on the side of the addition that faces the Lafaves'property.The foundation is to
be a 4 foot frost wall with slab(no basement).The gutters shall be installed so as to be diverted away from
abutters properties.The existing stumps between the car port and rear of property must be cut to ground
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level.Arborvities must be planted that are at least 4 feet in height and no more than 3 feet apart. The
addition shall be no larger than the 15'by 10"9'proposed. Chairperson Prouty calls for a vote to accept the
conditions agreed upon.Member Mancini votes yes,member Suffriti votes yes and member Prouty votes
yes.Chairperson Prouty closes this meeting at 7:20PM.
2.Case# 1955,Antoni&Florence Basrak
Sitting on this case are:Doreen Prouty,Chairperson,Aldo Mancini,Acting Vice-Chairman and Gary
Suffriti,Clerk.
Chairperson Prouty re-opened this hearing at 7:24PM.She stated the law department did not respond to a
request from this board for an opinion regarding vacant lots. She did speak with Steve Buoniconti,
associate town counsel and he knows nothing about the request.Att.Toney is away on vacation this week.
Chairperson Prouty states she spent several hours on the computer researching for the deed to this subject
property and could not find it.The petitioners provided a Duplicate Owner's Certificate which states that
they own the property as of December 3, 1971. There is discussion as to whether this document is the same
as a deed.Alternate member Maggi states the title page of this certificate refers to a deed.Member Prouty
states this board needs to have the actual deed with a description of the lot in order to determine if this was
a separate lot when conveyed to the petitioners back in 1971.
Member Suffriti states that this property has the necessary frontage since it is a corner lot.He explains that
a continuous line can be measured on both streets together. Member Prouty states she spoke with Eric
Wight,Inspector of Buildings and he said a single street must be decided upon for frontage,you cannot turn
the corner and still consider that frontage.
Members Suffriti and Mancini state they are ready to make a favorable vote for the petitioners.They are
satisfied with the information that has been provided.Member Prouty states she is not yet ready to vote.It
is her opinion that the necessary deed has not been provided. There is discussion about getting an outside
opinion.The petitioners'representative,Dan Thibault,states he will speak with his attorney and try to get
an answer in writing.Member Prouty states she will contact Att. Raymond Gendron(Agawam)to see if he
can help solve this question.
Chairperson Prouty explains to the petitioners the process that occurs after a decision is made.The
members agree to continue this hearing to Friday,August 26th at the DPW conference room on 1000
Suffield Street.
Chairperson closed this hearing at 8:1 OPM>
3.Chairperson Prouty made a motion to accept the minutes for the August 22nd executive meeting.
Member Suf&iti seconded.All in favor.
4. Chairperson Prouty made a motion to accept the August 22nd minutes,with a few changes.Member
Sufflriti seconded.All in favor.
Chairperson Prouty closed the meeting at 8:24PM.
BOARD OF APPEALS PUBLIC MEETING August 8, 2016
The following members attended the public meeting:
0
Doreen Prouty- Chairperson
Richard Maggi-Vice-Chair
Gary Suffriti- Clerk '
Aldo Mancini -Alternate
Chairperson Prouty opened the meeting at 6:00 PM:
1. Executive Session —Discussion—Mushy's Golf Center, LLC:
Chairperson Prouty explained that Attorney Pat Toney has requested an executive session with
the Board. Chairperson Prouty motioned to go into executive session to discuss the Mushy's
property, which was seconded by Member Suffriti. All in favor. Executive session minutes are
prepared under separate cover.
Member Maggi left the meeting at 6:3 5 PM
2. Case# 1953: Geraldine Shillin;W-Nordal; 203 Cooper Street:
Chairperson Prouty opened this public hearing at 6:35PM by reading the legal notice, explaining
the procedures of the hearing and introducing the members of the board. Sitting on this case
were Chairperson Doreen Prouty, Acting Vice-Chair Aldo Mancini and Clerk Gary Suffriti.
Petitioner Geraldine Shilling-Nordal was present, along with John Masuck representing R.
Levesque Associates, Inc.
Mr. Masuck stated the petitioner is seeking a special permit to allow for the construction of a 15'
long by 10'9" wide addition to the rear, southeast portion of the house. The current east side
yard is 9'1"; the addition will extend the footprint of the home, but will create a 7'4" side yard on
the east side of the property. The proposed addition will comply with the rear yard requirements.
Chairperson Prouty asked what is currently under construction on the rear right side of the home
on the presented plan. Petitioner Geraldine Shilling-Nordal explained the current two-story
addition being built is an extension of the living room on the first floor and a closet on the second
floor. The proposed addition will be a first floor bedroom. Member Suffriti asked if the
proposed addition can be moved to the right as to not further decrease the side yard. Ms.
Shilling-Nordal stated she is concerned about blocking the view from her kitchen window.
Board members discussed with Mr. Masuck and Ms. Shilling-Nordal possible solutions that
would not increase the nonconformity.
Chairperson Prouty read into record a memo dated June 29, 2016 from Safety Officer Sgt. Steve
Grasso that stated "the residential structure would have no impact to pedestrian, bicycle or motor
vehicle traffic safety."
Chairperson Prouty opened the hearing to the public.
Margaret McCarthy, 20 Senator Avenue, asked if the addition would be a one story or two
stories. It will be a single story. Ms. McCarthy then spoke in opposition of the proposed
addition, stating the side yard should not be further decreased.
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Darin LeFave, 195 Cooper Street, directly abuts the petitioner and spoke in opposition of the
proposed addition. Mr. LeFave provided three pictures of the view of 203 Cooper Street from his
property. Mr. LeFave explained one of the pictures showing tree stumps that are visible from
above the fence line. There are 26 tree stumps in total. Ms. Shilling-Nordal stated she is growing
ivy on them. Mr. LeFave stated the proposed addition would be the fourth addition to the
property, and that enough is enough.
Vincent Piliero, 16 Senator Avenue, spoke in opposition of the proposed addition. Mr. Piliero is
very upset with their trees damaging his yard and gutters. Chairperson Prouty explained to all
parties in the room that the hearing is about the proposed addition, not the trees on the
petitioner's property. Mr. Piliero stated they have enough room already and do not need the
addition.
Rose Piliero, 16 Senator Avenue, is not in favor of the addition, stating it will look like a hotel.
Debra LeFave, 195 Cooper Street, spoke in opposition of the addition. Ms. LeFave stated the
addition currently being build looks like the projects. Ms. LeFave is concerned that the resale
value of her home will be decreased because of all the additions and appearance of the exterior of
203 Cooper Street. Ms. LeFave stated that just because the nonconformity existed in the past
does not mean it should continue now.
Robert Ferioli, 23 Country Road, owns the property at 209 Cooper Street. He is opposed to the
addition.
No one else speaks for or against this petition.
Chairperson Prouty would like the Board members to participate in a site visit before a decision
is made. Member Suffriti agreed, stating he would like to see the view from the abutting
properties, and that the decision needs to be fair for all parties. Chairperson Prouty, Acting Vice-
Chair Mancini and Clerk Suffriti will visit the petitioner's property at 9:OOAM on Tuesday,
August 9d`. All present owners of abutting properties gave permission to the Board members to
access their properties as well.
Motion made by Chairperson Prouty and seconded by Member Suffriti to continue to Monday,
August 22,2016 at 6:30PM. All in favor.
3. Case 91954: H.P. Hood,LLC; 233 Main Street:
Chairperson Prouty opened this public hearing at 7:1 OPM by reading the legal notice, explaining
the procedures of the hearing and introducing the members of the board. Sitting on this case
were Chairperson Doreen Prouty, Acting Vice-Chair Aldo Mancini and Clerk Gary Suffriti.
Representing the petitioner was Robert Hale,project manager for H.F. Hood, LLC.
Mr. Hale advised the board that the petitioner is seeking a special permit that would allow for the
construction of three 10,000 gallon rooftop storage silos to replace five existing silos. Two of the
proposed silos will be at a height of 49'8' and the third silo will be at 46'5". There is a roofline
difference that creates the two different heights. The three silos will be stainless steel and will be
used as raw milk storage tanks.
Chairperson Prouty read into record a letter from the Agawam Planning Board Chairman Mark
Paleologopoulos approving the site plan review. Chairperson Prouty also read a memo from
2
Safety Officer Sgt. Steven Grasso stating he had no objections.
Chairperson Prouty opens the meeting to the public.
Dori Sheltra, 378 Main Street, asked what the life expectancy of the proposed storage tanks. Mr.
Hale answered approximately 25 years.
No one else in attendance spoke for or against this petition.
Chairperson Prouty explained the twenty day appeal period, closed this public hearing at 7:15PM
and went directly into a public meeting. Chairperson Prouty is in favor of the new storage tanks,
stating they are similar to the silos previously granted.
Chairperson stated the following conditions and called for a vote.
1. The storage tanks are to be built according to the plan submitted entitled "H.P. Hood, LLC
Agawam MA Site Plan,"revision date June 20, 2016, and signed by Bob Hale.
2. This special permit is for the proposed silos only. All other zoning and building regulations
must be met.
3. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit" form, which shall be provided by this Board and proof of said filing, must be submitted
to this Board and to the Inspector of Buildings.
4. This Special Permit shall become null and void if construction does not commence within two
(2)years from the date of this decision.
Prouty--Yes, Mancini—Yes, Suffriti—Yes. All in favor.
Motion made by Chairperson Prouty and seconded by Member Suffriti to amend agenda and take
item 5 next in order to approve minutes. All in favor.
5. Approval of Minutes
Motion made by Chairperson Prouty and seconded by Member Suffriti to approve minutes from
June 13, 2016. All in favor.
Motion made by Chairperson Prouty and seconded by Member Suffriti to put agenda back in
order. All in favor.
4. Case#1955: Antoni&Florence Baszak; Parcel G10 2 6:
Chairperson Prouty opened this public hearing at 7:30PM by reading the legal notice, explaining
the procedures of the hearing and introducing the members of the board. Sitting on this case
were Chairperson Doreen Prouty, Acting Vice-Chair Aldo Mancini and Clerk Gary Suffriti.
Petitioners Antoni and Florence Baszak were present, and representing them was Dan Thibault of
Thibault Construction, 46 Cleveland Street.
Mr. Thibault explained that Mr. and Mrs. Baszak are appealing the Building Inspector's decision
that parcel G10 2 6 is not grandfathered as a building lot. The Baszak's purchased lots 19 and 20
of the Longview Estates subdivision in 1957. The lots were merged into one address of 710 Mill
Street, and a home was built in 1958. In 1971 the Baszak's purchased the adjacent lot, parcel
G10 2 6, and would now like to build a home on it. Mr. Thibault proposed an approximately
1000 sq. ft. home that would accommodate the current set back, side and rear yard requirements.
The design and size of the home would fit into the neighborhood.
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The Board members and Mr. Thibault discussed the different dates on all of the deeds submitted
with the appeal paperwork, in conjunction with when different zoning requirements changed.
Member Mancini asked if the petitioners have been paying taxes on a building lot,which would
be at a higher rate. Antoni and Florence Baszak stated they have been. Chairperson Prouty
questioned if the lot is being taxed at a building lot rate, it does not specifically say it's a building
lot on the assessor's card. Member Suffriti believes the zoning laws are meant for adjacent
empty lots, not when a lot is adjacent to a lot with a home built on it. There is a lengthy
discussion about how to interpret the zoning laws, and all members agree the Law Department
should be contacted for a legal opinion.
Chairperson Prouty opens the meeting to the public.
James DiCiocco, 725 Mill Street, asked why the petitioners were denied a building permit. He
spoke in favor of granting the appeal, stating if no one is against it then the petitioners should be
able to build.
No one else in attendance spoke for or against this petition.
Motion made by Chairperson Prouty and seconded by Member Suffriti to continue to Monday,
August 22, 2016 at 7:OOPM, All in favor.
6. Any Other Business
There is no further business to discuss.
Motion made by Chairperson Prouty and seconded by Member Suffriti to adjourn at 8:00 PM.
All in favor.
4
BOARD OF APPEALS PUBLIC MEETING June 13, 2016
The following members attended the public meeting:
Doreen Prouty- Chairperson
Richard Maggi-Vice-Chair
Gary Suffriti- Clerk
Gary Geiger-Alternate
Aldo Mancini- Alternate
Chairperson Prouty opened the meeting at 6:30 PM:
1. Case 91948: Howard Kanegsberg & Marianne St. Andre; 185 River Road:
Chairperson Prouty re-opened this public hearing. Sitting on this case were Chairperson Doreen
Prouty, Vice-Chair Richard Maggi and Clerk Gary Suffriti. The petitioners Howard Kanegsberg
and Marianne St. Andre were not present.
Chairperson Prouty read a letter into record, submitted by the petitioner on June 7, 2016, stating
they would like to withdraw their application.
Motion made by Chairperson Prouty and seconded by Member Maggi to accept the petitioner's
withdrawal without prejudice. All in favor.
2. Motion made by Chairperson Prouty and seconded by Member Maggi to approve minutes of
May 9, 2016. All in favor.
3. Motion made by Chairperson Prouty to adjourn at 6:40 PM. All in favor.
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BOARD OF APPEALS PUBLIC MEETING May 9, 2016
The following members attended the public meeting:
Doreen Prouty—Chairperson
Richard Maggi—Vice-Chair
Gary Suffriti—Clerk
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case# 1950: Yankee Mattress Factory; 314 Springfield Street:
Chairperson Prouty opened this public hearing by reading the legal notice,explaining the procedures
of the meeting and introducing the members of the board. Sitting on this case were Chairperson
Doreen Prouty,Vice-Chair Richard Maggi and Clerk Gary Suffriti. Representing the petitioner was
Joseph Noblit, owner of Yankee Mattress Factory, and John Masick from R. Levesque Associates,
Inc. Based on comments made by the Engineering Department,Mr.Masick presented a revised plan
proposing the construction of an accessory storage building. The parking lot will be restriped to allow
for the structure, one handicap spot will be eliminated, and the remaining handicap spots will be
rotated 90 degrees. A trash enclosure is to be added to the north side of the building, along with
regrading and new paving in that area. A retaining wall will be constructed on the property, and
corrugated concrete paving will be installed to distinguish between the parking area and the travel
lane on Springfield Street. There was a lengthy discussion regarding the permitting of this project.
Chairperson Prouty read Section 180-48 (G), under Business B Districts of the Town of Agawam's
Zoning Ordinances. Member Suffriti asked what the accessory building will be used for. Mr.Noblit
explained the building will be used to house raw materials and finished product.
Chairperson Prouty explained the twenty day appeal period,closed the public hearing at 6:50 PM and
went directly into a public meeting. Chairperson Prouty stated she did not feel the petitioner needed
to come before the Board. Member Suffriti read the ordinance and stated the petitioner's plan did not
seem to be a non-conforming use. Member Maggi agreed.
Chairperson Prouty stated the following findings:
1. The subject property is located in an area of town zoned Business B.
2. The petitioner proposes to construct an accessory storage building on the subject property.
3. Under Business B Districts, Section 180-48 (G) of the Town of Agawam's Zoning
Ordinances allow "Converting, fabricating, manufacturing, altering, finishing or assembling,
provided that in no case is a total of more than 20,000 square feet of floor space devoted to such
use".
4. The existing building being used for manufacturing is 7800 square feet, well under the
allowed 20,000 square feet.
5. The proposed accessory storage building will meet all zoning regulations.
6. The use of the subject property is within the requirements of Section 180-48 (G).
Motion by Chairperson Prouty and seconded by Member Suffriti that the petitioner's plan is a
conforming use and a special permit is not required. All in favor.
Chairperson Prouty called for a vote.
Prouty-Yes, Maggi-Yes, Suffriti-Yes. All in favor.
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2. Case # 1951: Aurelio Daniele; 500 Meadow Street:
Chairperson Prouty opened this public hearing at 7:00 PM by reading the legal notice,explaining the
procedures of the meeting and introducing the members of the board. Sitting on this case were
Chairperson Doreen Prouty,Vice-Chair Richard Maggi and Clerk Gary Suffriti. Chairperson Prouty
explained that Member Suffriti's Father is an abutter, and that there is no conflict of interest with
Member Suffriti sitting on the case. Petitioner Aurelio Daniele, 500 Meadow Street, would like to
build an addition onto his garage. Mr. Daniele stated he would not be building past the current set
back of 17 feet. Member Suffriti stated the nonconformity of the petitioner's property was created in
the late 60's/early 70's when the State changed the location of Meadow Street. Chairperson Prouty
asked when the petitioner purchased the property. Mr.Daniele stated he inherited the home from his
grandfather.
Chairperson Prouty read into record a memo dated April 12, 2016 from Safety Officer Sgt. Steve
Grasso that stated"...it would appear that the new structure at 500 Meadow Street would have little
impact to pedestrian,bicycle or moto vehicle traffic safety."
Chairperson Prouty opened the hearing to the public.
Jacqueline Nascimbeni,3 4/3 6 Ellison Avenue,slated Mr.Daniele is a good neighbor and has greatly
improved the property. She gave her full support for the proposed addition.
No one else spoke for or against the proposal.
Chairperson Prouty explained the twenty day appeal period,closed the public hearing at 7:10 PM and
went directly into a public meeting. Chairperson Prouty stated the nonconformity was created by the
state, and that she is in favor of the addition.
Chairperson Prouty called for a vote with the following conditions.
1. The proposed addition will be constructed according to the plan submitted and signed
by the members of this board.
2. This special permit is for the proposed addition only. All other zoning requirements are
to be met.
3. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of
Special Permit" form, which shall be provided by this Board and proof of said filing
must be submitted to this Board and to the Inspector of Buildings.
4. This Special Permit shall become null and void if construction does not commence
within two (2)years from the date of this decision.
Prouty—Yes, Maggi—Yes, Suffriti —Yes. All in favor.
3. Motion made by Chairperson Prouty and seconded by Member Maggi to approve minutes of April 25,
2016 with minor changes. All in favor.
4. Motion made by Chairperson Prouty to adjourn at 7:25 PM. All in favor.
2
iC
BOARD OF APPEALS PUBLIC MEETING A ri125, 2016
The following members attended the public meeting:
Doreen Prouty- Chairperson 2016 MAY I l pH 2: 45lr--
Gary Suffriti-Vice-Chair l
Richard Maggi- Clerk
Aldo Mancini- Alternate
Chairperson Prouty opened the meeting at 6:30 PM:
1. Case# 1949 H.P. Hood LLC
Chairperson Prouty opened this public hearing by reading the legal notice,explaining the procedures
of the hearing and introducing the members of the board. Sitting on this case were Chairperson
Doreen Prouty,Vice-Chair Gary Suffriti,and Clerk Richard Maggi.Representing the petitioner was
Robert Hale, Project Manager for H.P. Hood, LLC.
Mr. Hale advised the board that the petitioner is seeking a special permit that would allow for the
construction of three vertical milk storage silos to replace three horizontal milk storage tanks. He
explained that the three existing tanks have exceeded their prime,and the middle one is currently out
of service due to internal cracking. They are asking for two 10,000 gallon silos that are 26'4" tall
with an overall height on the roof of 497',and one 15,000 gallon silo that will be 30'5"tall with an
overall height on the roof of 53'8". All three silos will be above the maximum height allotment of
40'. All three proposed silos will be stainless steel.
Member Maggi asked where the silos will be located,Mr. Hale showed him on a site plan. Member
Suffriti asked why they can't be horizontal. Mr.Hale explained there is not enough room on the roof
to place the silos horizontally. Mr. Hale also explained the three new vertical silos will each hold
more milk than the horizontal silos being replaced,which will allow for larger batches and greater
efficiency. Member Maggi asked if there will be any noise increase with the new silos or if they are
only for storage. Mr. Hale stated the silos are only for storage, there will be no noise increase.
Chairperson Prouty read into the record a memo from the Engineering Department to Planning dated
April 22,2016,that stated"per your request,we have reviewed the Site Plan...we have no comment
at this time."Chairperson Prouty also read into the record a letter from the Agawam Planning Board
to Bob Hale, Cc: Zoning Board of Appeals, which informed Mr. Hale the Planning Board voted to
approve the Site Plan Review stating"the Board's approval is conditional upon all professional staff
comments."
Chairperson Prouty stated she researched previous special permits H.P. Hood LLC has applied for,
and the overall height is similar to past requests.
Chairperson Prouty explained the twenty day appeal period, closed this public hearing at 6:50 PM and
went directly into a public meeting. Chairperson Prouty stated the proposed vertical silos are not as
tall as other structures on the property, and believes they are in the best interest of the Town and H.P.
Hood LLC.
Chairperson stated the following conditions and called for a vote.
1. The plan submitted, drawn for H. P. Hood, LLC, and signed by the members of this Board, shall be
1 SCANNED 7 f L2+I I r 7 LIN(!-
y
incorporated into and made part of this decision.
2. This special permit is for the proposed silos only. All other zoning and building regulations must be
met.
3. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit"form, which shall be provided by this Board and proof of said filing must be submitted to this
Board and to the Inspector of Buildings.
4. This Special Permit shall become null and void if construction does not commence within two (2)
years from the date of this decision.
Prouty—Yes, Suffriti—Yes,Maggi—Yes. All in favor.
2. Case # 1948 Howard Kanegsburg & Marianne St. Andre
Chairperson Prouty read into record a letter from Mr. Kanegsburg, dated April 20`h, 2016, asking for a
30 day extension of his hearing.
Motion by Chaiperson Prouty to accept Mr. Kanegsburg's letter and continue the hearing for case #
1948 until Monday, June 131h at 6:30 PM. All in favor.
3. Motion to approve minutes of March 28`h, 2016 by Chairperson Prouty. Seconded by Member
Suffriti. All in favor.
4. Motion to adjourn at 7:05 PM by Chairperson Prouty. Seconded by Member Suffriti. All in favor.
2
BOARD OF APPEALS PUBLIC MEETING March 28, 2016
The following members attended the public meeting:
Doreen Prouty- Chairperson
Gary Suffriti-Vice Chairperson ;
Richard Maggi- Clerk _
Gary Geiger-Alternate
Aldo Mancini-Alternate
Chairperson Prouty opened the meeting at 6:30 PM
l'
I. Case # 1948 Howard Kanegsberg and Marianne St. Andre
Chairperson Prouty opened the hearing by reading the legal notice and introducing the members of the
Board. Sitting on this case were Chairperson Doreen Prouty, Vice Chairperson Gary Suffriti, and
Clerk Richard Maggi.
Mr. Howard Kanegsberg, the petitioner, explains he and his wife wish to demolish the existing one
family dwelling and construct a new house. He states the part of the property where the new house
and garage are to be built is not considered to be in the flood zone.
Member Prouty asked what the elevation of the property is and whether the lowest level on the
proposed house, including basement, is above the base flood. Mr. Kanegsberg states he is not sure.
Member Suffriti states the elevation of the land is on the site plan. The area where the house is to be
located is 59.40. The base flood is 57.4. The petitioner states there is a basement under the current
structure. Member Suffriti asked what is in the cellar. Member Suffriti states the property is elevated
only a couple of feet above the flood base and cannot build a full basement. There is height only for
an approximate 2 foot crawl space.
The petitioner then states he and his wife are not sure whether they will build new or instead do
renovations to the existing building. Member Prouty explains the petitioner must show that the lowest
level of the proposed construction is above the base flood elevation. Conservation Commission
approved this project, first in 2011 and then given an extension in 2014 (good for 3 years).
Mr. Kanegsberg asks for a continuance so that they can decide whether to do renovations or build
new. Chairperson Prouty explains the withdrawal option. Members agree to continue hearing to
Monday, April 25th after the close of the scheduled case.
2. Chairperson Prouty made a motion to accept February 1, 2016 minutes. Gary Geiger seconded. All
in favor.
3. The members voted on the positions to be held for the coming year: Doreen Prouty- Chairperson,
Richard Maggi- Vice-Chairman and Gary Suffriti- Clerk.
4. There was no other business. Motion to adjourn by Chairperson Prouty at 7:15 PM. All in favor.
I SCANNED 7 z &
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BOARD OF APPEALS PUBLIC MEETING February 1, 2016
The following members attended the public meeting:
Doreen Prouty- Chairperson
Richard Maggi-Acting Vice Chairperson
Gary Geiger-Acting Clerk 1
Chairperson Prouty opened this public hearing at 6:30 p.m. ='
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1. #1947 Steve De Land—Shibley Court `
Chairperson Prouty re-opened this public hearing at 6:30 p.m. Sitting on this case are members
Chairperson Doreen Prouty, Acting Vice Chairperson Richard Maggi and Acting Clerk Gary
Geiger. Attorney Richard Sypek is representing Mr. Steve De Land. Attorney Sypek explains a
fire destroyed part of an existing forty-four unit structure. There were a total of one hundred and
twenty units at the complex. New construction requires being in compliance with State
Regulation 521 CMR, which mandates that five percent of the total number of units must be
handicap accessible. The only way to meet this requirement and not lose the original number of
units is to build a new smaller structure which will contain three handicap accessible units plus a
handicap accessible laundry room. The reconstruction of the fire damaged building will contain
three handicap accessible units.
Chairperson Prouty explains case number 695, dated January 12, 1970, placed a restriction on this
open area in the granting of a variance which said the area must be "reserved for parking or
recreational use only." She further explains the only way to alter a previously granted variance is
by the granting of a new variance. The Planning Board voted to approve a site plan review on
October 1, 2015.
Several letters have been received from abutters have who are against this request citing trash,
noise, lighting, incorrect mail deliveries, and lack of fencing. Helen Beane's letter is read into the
record. Steve De Land states he will repair the fence.
Darryl Beane of 71 Norman Terrace states the property is not well cared for. Police stopped at
this house to talk about a recording studio in one of the units. He is also worried about traffic. He
states that ever since Shibley Court put up speed bumps on the property,people speed along
Norman Terrace.
Lila Ward of 24 Norman Terrace states trash from Shibley Court is on her and other neighbors'
property. The fence between her property and Shibley Court has been kicked down by kids. She
wants to see it cleaned up.
Robert Nacewicz of 66 Norman Terrace is against the proposed construction. The site of
proposed building may cause rain water to accumulate on his property. Member Maggi also
questions this. Attorney Sypek states the project has been reviewed and approved by the Town's
Engineering Department.
Keith Kauppila of 26 Norman Terrace would like something to be done about the dumpsters. He
1
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says it is usually open and the trash is not contained. Jane Dennis, resident manager for Shibley
Court, states she will take care of that problem.
Frank Mazzei of 477 Springfield Street states he has the same problems on his property. He also
talks about handicap housing being much needed in Agawam.
Chairperson Prouty asks if there are any more questions. Member Maggi asks about accessibility
to the laundry room. Attorney Sypek states it is handicap accessible. Chairperson Prouty asks if
the members are ready to go into a public meeting. All Agree. Chairperson Prouty explains the
twenty day appeal period and immediately opens the public meeting. Chairperson Prouty believes
this request for a variance should be granted. The petitioner is not asking for a larger number of
units. The subject property is much larger in size than that of lots in the surrounding
neighborhood. To deny this request would cause financial hardship if not granted and some of the
tenants would have to vacate. The request may be granted without substantially derogating from
the purpose of the by-law nor will cause substantial detriment to the public. Member Geiger asks
a condition be placed that the dumpster must be enclosed by a six foot fence with no space
between the ground and the fence. All agree. The members agree that the lighting must not
reflect beyond the property and fencing surrounding the property must be placed and maintained
in good condition. All agree.
Chairperson Prouty calls for a vote to grant the requested variance; Member Maggi votes yes,
member Geiger votes yes, and Chairperson Prouty votes yes. Meeting closed at 7:30 p.m.
2. There was no other business. Chairperson Prouty called for a vote to close the meeting at 7:33
p.m. Second by member Geiger. All in favor.
2
BOARD OF APPEALS PUBLIC MEETING January 11, 2016
The following members attended the public meeting:
Doreen Prouty- Chairperson
Richard Maggi-Vice Chairperson
Gary Geiger- Clerk
Chairperson Prouty opened the meeting at 6:30 PM:
1. Case 41947: Steve De Land/Shibley Court
Chairperson Pouty opened the hearing by reading the legal notice. She told the petitioner and others
who attended that this hearing would have to be continued because the legal ad was not worded
correctly. Also, member Maggi could not stay for the hearing. The members agreed to continue this
hearing until Monday, February 1"
2. Member Geiger made a motion to close the meeting, seconded by member Maggi. All in favor.
Chairperson Prouty closed the meeting at 6:40 PM.
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BOARD OF APPEALS PUBLIC MEETING December 3, 2015
The following members attended the public meeting:
Doreen Prouty- Chairperson
Gary Suffriti-Vice Chairperson 2
James Marmo- Clerk {
Chairperson.Prouty opened the meeting at 8:30 AM.
2. Rules and Regulations of the Board of Appeals
Vice Chairperson, Suffriti made a motion to approve the revised Rules and Regulations of the
Board of Appeals. Clerk, Marmo seconds and Chairperson, Prouty makes it unanimous.
2. Motion to approve the November 23, 2015 minutes. All approved.
3. Chairperson,Prouty motions to close the meeting at 8:45 AM. All approved.
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$OARD OF APPEALS PUBLIC MEETING Noyrmbe.r 23,2,015
The following members attended the public meeting:
Doreen Prouty- Chairperson
Gary person Suffriti-Vice Chair 1
James Marmo- Clerk
Gary Geiger-Alternate
Rich Maggi-Alternate
Chairperson Prouty opened the meeting at 6:30 PM. Yconded
VL-1. Rules and Regulations of the Board of Appeals
Rich Maggi while reading over the changes said that it looked good. Von Suffriti
suggested that the board go over all of the changes as a board, which wy Gary
Geiger.
In the section that reads "The powers of the Board shall be", # 2 was removed which read, "To
hear and decide appeals from actions taken by other town boards and officials under the building
code (including plumbing), zoning ordinances, subdivision control regulations and other rules and
regulations adopted regulating the use of land and buildings as cited under the Charter of the
Town of Agawam.
Chairperson Prouty motioned to add rules regarding the"unexcused absence" of any board
members which reads: "The unexcused absence, without good cause, of a Board of Appeals
member from 6 consecutive meetings or 3 consecutive months, whichever occurs first, shall serve
to vacate such position." Vice Chairperson, Suffriti seconded that motion
Chairperson Prouty motioned to add the definition of Zoning Administrator which reads: The
inspector of Buildings shall be appointed as the Zoning Administrator(ZA)by the Board of
Appeals. Such appointment may be withdrawn after hearing and unanimous vote of the board.
The ZA acts solely under the direction of and strictly within the parameters set.by the ZBA. Such
parameters may be added to, amended or withdrawn at ZBA discretion. Vice Chairperson,
Suffritti said he feels as though it reads tough. Board member, Maggi agreed.
Vice Chairperson, Suffritti had questions regarding the $250.00 charge because if you are not
changing the footprint then there is no reason to charge. Other changes were to delete the last
paragraph on page 4. Chairperson, Prouty at this point said that was the end of her suggestions.
Vice Chairperson, Suffritti agreed and called for a vote to accept the amended version of the Rules
and Regulations of the Board of Appeals. Clerk, Jim Marmo and Vice Chairperson, Suffritti
agrees and Chairperson, Prouty makes it unanimous.
2. Motion to approve the November 23, 2015 minutes. All approved
5Z 'Z Wd
3. Chairperson, Prouty mentioned her discussion with Associate Solicitor, Patrick Toney
regarding Mushey's at 369 Main Street and no overnight parking. Member, Maggi feels as
though that having those trucks there is a violation of the ZoningfBuilding codes.
Chairperson, Prouty agrees that he is in violation, but there is nothing more that the ZBA can
do and more discussions need to happen so Chairperson Prouty motioned to close this
discussion to a later date. All members approved.
4. Member Geiger motioned to adjourn at 7:45 PM. Seconded by Member Maggi. All in favor,
2
BOARD OF APPEALS PUBLIC MEETING November 9, 2015
The following members attended the public meeting: SCANN
Doreen Prouty- Chairperson
Gary Suffriti-Vice Chairperson '
Gary Geiger-Alternate
Rich Maggi-Alternate
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case # 1945— Susan Morse & Joellen LeGrand-35 South Park Terrace
Chairperson Prouty opened this public hearing by reading the legal notice, explaining t�o
procedures of the meeting and introducing the members of the board. Sitting on this cak were
Chairperson Doreen Prouty, Alternate Rich Maggi and Vice Chair Gary Suffriti.
Joellen Legrand of 35 South park Terrace is proposing to build an addition to the rear of the
existing legal non-conforming residential to enlarge the bathroom and bedroom in order to get
ready for old age. A variance was granted to the subject property on May 18, 1954. A special
permit was granted to the subject property on October 21, 2008, Case# 1836 stating that 'No part
of any building shall be placed within 30 feet of any street line."
Chairperson Prouty and Vice Chairperson Gary Suffriti had questions about the new rear yard
setback and also concerns regarding the lines due to the fact the property sit on two different
parcels of land. The property behind is also owned by the petitioners and is vacant. Chairperson
Prouty states the rear yard will be 6"closer to the property line. The members agree that the
proposed addition will not be more detrimental than what exists.
Chairperson Prouty asked if there were any more questions and closes the hearing with the
explanation that the 20 day appeal process starts when the decision is stamped in at the Clerk's
office.
The Petitioner had questions regarding weather or not she can have her excavator start digging
and Chairperson Prouty advised her to speak with the Building Inspector, Erik Wight.
At this time, Chairperson Prouty closes the public hearing and immediately opens a public
meeting. She calls for a vote to grant this special permit with the usual conditions. Member
Suffriti votes yes, member Maggi votes yes and member Prouty votes yes.
2. Motion to approve the October 13, minutes. All approved
3. Rules and Regulations of the Board of Appeals
Alternate, Rich Maggi was working with the board to add corrected verbiage for the addition to
the Rules and Regulations. Chairperson, Prouty passed out her suggestions to what should be
added. At this time, Chairperson, Prouty motions to stop at that time, Vice Chairperson Suffritti
seconds motion
4. Case# 1946—Teresa Lally-33 William Street
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the
procedures of the meeting. Sitting on this case is Acting Clerk, Gary Geiger. Chairperson Prouty,
Vice Chair Suffriti, Greg Stratner, GPS Builders of 48 Marlow Cir Westfield.MA 01085 who will
1
be sitting in on this hearing for the Petitioner Teresa Lally. Chairperson Prouty read the
Authorization agreement. Teresa Lally was out of the country.
Greg spoke and explained that the petitioner wanted to build an addition where the collapsed deck
using the same footprint. He said that he has 40 years' experience and thinks that there should be
no problem seeing that he would be using the same blueprint. He was surprised with having to file
this and feels as though that it's wasting a lot of time. Also concerned of having to be subject to
the weather and was only able to replace the kitchen cabinets.
Vice Chairperson Suffritti, asked if he would be using the same roof for the addition and Mr.
Shatner explained that there was never a roof. The members agreed that this addition will not be
more detrimental that what exists. The proposed addition, of itself, will meet all current zoning
regulations.
Chairperson Prouty asked if there were any more questions and closes the hearing with the
explanation of the 20 day appeal process which starts when the decision is stamped in at the
Clerk's office. She closes the hearing and opens into a public meeting. She calls for a vote to grant
this special permit with the usual conditions. Member Prouty, votes yes,member Suffriti votes yes
and member Maggi votes yes.
5. Chairperson Prouty opened the meeting to the public.
Mary Lubier and Stephen Estee of 73 Cambridge St attended the meeting and asked to be heard.
they are planning to put an addition onto a 1 family legal nonconforming structure. It was
explained to them the procedure to applying for a special permit and the regulations the board
follows to grant a special permit.
6. Chairperson Prouty motioned to go back to discussing the changes to the Rules and
Regulations of the Board of Appeals. Discussions of the changes to the verbiage and looking over
the list as to what is allowed with the MA General Laws. Also, discussed was 4"unexcused
Absences"without good cause and whether or not it should be entered into the Rules and
Regulations for the Board members.
Chairperson Prouty motions to meet in two weeks on 11/23/15 at 6:30 PM. All approved.
7. Member Geiger motions to adjourn at 8:11 PM. Second by Rich Maggi. All in favor
2
BOARD OF APPEALS PUBLIC MEETING October 13, 2015
The following members attended the public meeting:
Doreen Prouty- Chairperson
Gary Suffriti-'Vice Chairperson
James Marmo- Clerk
Rich Maggi-Alternate
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case # 1944—Steve Deland-Shibley Court Abartments-33 Norman Terrace
Chairperson Prouty opened this public hearing by reading the legal notice., explaining the
procedures of the meeting and introducing the members of the board and new ZBA Secretary,
Jennifer Couture. Sitting on this case were Chairperson Doreen Prouty, Clerk James Marmo and
Vice-Chair Gary Suffriti.
John D MacMillan and Joseph DiCarlo from Reinhardt Associates were representing the
Petitioner, Steve Deland-Shibley Court. The Petitioner is proposing renovation of a fire damage
44 unit building, converting S existing units into 4 handicap-accessible units. Constructing anew
single story building, containing 3 handicap-accessible and a handicap-accessible laundry room.
Codes for original design were not met. State mandates that handicap units need to be on the
ground floor as well as laundry facilities.
Chairperson Prouty explained that they can't get approval for the new building through a Special
Permit and that they would have to file for a Variance. The area proposed for this new building in
governed by a variance generated 1/12/1970 as case# 695. Chairperson Prouty asked the
members what they thought and if they had any questions. Vice Chairperson, Gary Suf-riti asked
questions regarding filing for a variance.
Chairperson Prouty read a letter into record from Steve Deland-Shibley Court. Steve Deland at
that point spoke to the public
Chairperson Prouty opened the hearing to the public.
Lisa Maynard, 50 Norman Terrace is not in favor due to traffic concerns. Michael Labelle, 23
Norman Terrace said that the address for Shibley Court Apartments should not be 33 Norman
Terrace due to confusion and that the street should be called "Shibley Court". Reinhardt
Associates said plans which were changed in 1970 said it was a"Private Way". Gregory&
Cheryl Barber said that there is a lot of"911"confusion with the way address is. Michael&
Laurel Ward of 34 Norman Terrace, Jennifer Caputo of 24 Norman Terrace & Rosemary
Richardon of 305 North St, say that the fence needs to be replaced abutting their property lines.
Darryl Beane of 71 Norman Terrace said that the people who live at "Shibley Court'are horrible
neighbors and that the police are there constantly. Richard Gawron of 58 Norman Terrace said
that the parking lot lights are too bright. Graylon Deland of Shibley Court said that he agrees with
some of issues and that the address for Shibley Court should not be 33 Norman Terrace. I t was
also asked by Cheryl Barber of 21 Norman Terrace, "how many tenants per unit'? Reinhardt
Associates responded, "1-3 new tenants''.
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One of the contractors that are working on the "Shibley Court Apartments"project, Donald
Roberts of 14 3rd Street Brimfield MA said that"updates need to be done throughout to be
compliant".
Chairperson Prouty asked about the lighting on the 2"d floor porches and if they could be shielded
and also what was going to happen with the fence around the perimeter of the property.
Chairperson Prouty asked the board members if they were in a position to make a decision.
Motion to approve Special permit to existing units. Unanimous with the following conditions:
This special permit is only for the renovations of the existing building damaged by fire.
All conditions recommended by the Planning Board must be adhered to.
A new fence must be erected and maintained in good shape around the perimeter of the subject
property.
All lighting located near the roof of the buildings must be shielded so that such light will not be
beyond the subject property.
Chairperson Prouty asked if there was an Ordinance. Erik Wight, Building Inspector said that
there were none.
2. Case# 1942-Aleksandr Dadayev continued 779 Main Street.
Chairperson Prouty opened this public hearing by reading the legal notice,explaining the
procedures of the meeting. Sitting on this case were Chairperson Doreen Prouty, Alternate,
Richard Maggie and Vice-Chair Gary Suffriti.
The petitioner wishes to build an addition to the rear of the existing legal non-conforming
residential structure. Addition does not comply because it's a corner lot and the frontage of this
property is 64 feet and it must be at least 110 feet. There shall not be any greater encroachment
than that which already exists. The proposed addition does not intensify either setback on the
subject property.
Chairperson, Prouty motioned if there were any Questions. Hearing was closed at 7.50 Pm and
immediately went into public meeting
Chairperson, Prouty calls for a vote. Unanimous vote of its three members.
The Agawam Zoning Board of Appeals hereby grants the petitioner a special permit to allow for
the construction of an addition with the following conditions:
The proposed addition will be constructed according to the plan submitted and signed by the
members of this board.
This special permit is for the proposed addition only.
The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special
Permit" form which shall be provided by this board and proof of said filing must be submitted to
this board and to the Inspector of Buildings.
This special permit shall become null and void if construction does not commence within two (2)
years from the date of this decision.
3. New Cell tower bond for St. Anne's, 781 Shoemaker Lane
Chairperson Prouty Motioned that they refer to the legal department with questions, where is the
original bond & current bond? Also, where is the replacement Insurance. Alternate, Richard
Maggie second that motion. All agree.
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4. Motion to approve the September 28, 2015 Regular minutes. All approved
5. Motion to approve the September 28, 2015 Executive session minutes. All approved
6. Petition/Request-Erik Wight, Building Inspector for the Town of Agawam
Chairperson Prouty opened the public hearing. Erik Wight, the Building Inspector wants to be
appointed as "Zoning Administrator". The City Council is waiting for the ZBA to approve the
creation of a Zoning Administrator. Erik Wight says that proposed amendment should be changed
regarding non-conforming 1-2 family houses seeking permits under the 180-7.
Chairperson Prouty opened the meeting to the public.
Dan Tibow of 46 Cleveland St wasn't changing anything just enclosing porch into dining room.
Bob Couture of 11 Ruth Av agrees with Erik Wight. Dan O'Sulivan of 44 Joey Drive says it
would make things easier, faster and less money. Phil Kimbal of 43 Perry Lane says that there are
problems building in winter, losing money, worked in this town for 30 years and that no other
town makes you go through this. Discriminatory to do it this way. Nona Murauklay says that
Erik is always accessible and wants to make our lives easier. Charles Calabrese of Brewster St,
West Springfield says that maybe people wouldn't be afraid to buy or build in Agawam if they
would let Erik Wight make the decisions and would clean up these derelict properties.
Chairperson, Prouty motions to continue this on the 11/9/2015 meeting. All in Favor
7. Member Maggi motions to adjourn at 8.45 PM. Second by Member Marmo. All in favor
3
BOARD OF APPEALS PUBLIC MEETING September 28, 2015
The following members attended the public meeting:
Doreen Prouty—Chairperson
Gary Suffriti- Vice Chairperson
James Marmo—Clerk
Rich Maggi- Alternate
Chairperson Prouty opened meeting a 6:00 PM
1. Executive Session
Minutes separate
2. Case# 1942: Aleksandr Dadayev
Chairperson Prouty opened the hearing at 6:30 PM. She read the legal notice,
explained the procedure to be followed and introduced the members sitting on this case.
They are Richard Maggi, Acting Vice-Chairman, James Marmo, Clerk and Doreen
Prouty, Chairperson.
Mr. Telman Dadayev, 92 Southworth ST, West Springfield, MA stated he is at the
hearing on behalf of his brother, Aleksandr Dadayev. Member Maggi asked why the
petitioner had not come to the hearing. Mr. Dadayev stated his brother drives a truck and
is currently in Pennsylvania. Chairperson Prouty explained that if the petitioner cannot
make the hearing, he must give written permission for his brother to represent him. This
hearing was continued to Tuesday, October 13'h after the scheduled hearing.
rIn
3. Approval of August 10,2015 minutes.
Chairperson Prouty made a motion to go out of the agenda order to approve the-,
minutes. Seconded by Marmo. Prouty called for a vote to accept the August 10, 2015
minutes. All in favor to approve.
4. Since there was time, the members discussed the memo received from planning in regard
to changing Section 180-7. Members Marmo, Maggi and Suffriti do not agree with thc-
new proposal. Member Prouty agrees with part of it. Many objections were mentionZ
Member Maggi will write a letter explaining these objections. The members will then
discuss the matter at the next meeting. (�
5. Case# 1943: Peter Kaptyug
Chairperson Prouty opened the hearing at 7PM. She read the legal notice,
explained the procedure to be followed and introduced the members sitting on this case.
They are Richard Maggi, Acting Vice-Chairman, Jaynes Marmo, Clerk and Doreen
Prouty, Chairperson.
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' F Mr. Peter Kapig, e petitioner,etitioner, stated he wishes to construct an addition to the front of
the house and also to add a new second story. The current requirements for front setback
in a Residential A-2 zoning district are 30 feet. With the addition,the new front setback
will be approximately 50 feet in its least dimension. No side yards or rear yard will be
affected by the new addition. Bob, Erin and Daniel Shepard, 635 Suffield Street, looked
at the plans and had no objections. Chairperson Prouty called for a vote to approve this
special permit request with the usual conditions. Those conditions are:
Addition to be constructed according to plan submitted and signed by the
members, this special permit is for the addition only, a special permit form for the
Hampden County Registry of Deeds and construction will become null and void if
construction does not commence within 2 years of the date this decision is stamped in at
the Town Clerk's office. The vote is as follows:
Marmo-yes,Maggi-yes, Prouty-yes.
Chairperson Prouty explained the 20 day appeal period. Chairperson Prouty closed the
hearing at 7:14 PM.
There was no other discussion. Chairperson Prouty made a motion to close this meeting
at 7:15 PM. Seconded by Marmo. All in favor.
2
BOARD OF APPEALS PUBLIC MEETING August 10, 2015
The following members attended the public meeting:
Doreen Prouty- Chairperson
James Marmo- Clerk
Gary Geiger-Alternate
Rich Maggi-Alternate
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Chairperson Prouty opened the meeting at 6:30 PM:
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I. Case# 1941 OMG '
Chairperson Prouty opened the hearing by reading the legal notice and introducing the members
sitting on the case. They are Doreen Prouty,James Marino, and Rich Maggi. Representing the €^
petitioner are Bob Murphy- Senior Vice President, Matt Fuller- Environmental Manager, Kevin
Walters- Senior Engineer and Hugh McGovern- President.
Mr. Walters explains the area where the new equipment is to be located. He describes the
manufacturing process of heat treating. He also explains that this process needs the stacks to
relieve heat. They are asking for 13 stacks which are approximately 50 feet high, 10 feet above the
maximum height requirement. He then shows pictures of the building and states only the top 2 or
3 feet of these stacks will be visible from the ground level. Member Maggi asks what is to be
expelled from these stacks. Mr. Walters explains what chemicals will be released and states that
the VOC's will be substantially below DEP standards. Mr. Maggi asks what is expelled from the
current stacks. Mr. Fuller explains.
Mr. McGovern explains the permitting process with the state and local authorities. Mr. Filler
explains the environmental aspects of the permitting process with Mass DEP. Member Maggi
would like a copy of the Limited Plan Application submitted to Mass DEP. Mr. McGovern states
approval from the Mass DEP is the last step in the process.
Chairperson Prouty states that Westmass put certain conditions on the deed. She asks what those
conditions are and if there is any connection to this case. Mr. Fuller submits a copy of the letter
sent to the petitioner which states that Westmass has given conditional approval for this project.
Ms. Prouty reads the letter into the record. She also asks about easement rights of Eversource.
Mr. Murphy explains that they are in contact with the electric company since they have new
electrical needs. Planning Board memo, dated July 6, 2015 is read into the record. There is no
other discussion. Chairperson Prouty explains the 20 day appeal period, closes this hearing at
7:05 PM and goes directly into a meeting to discuss this case. All members say they are ready to
vote. Chairperson Prouty calls for a vote to grant this special permit. Member Jim Marino states
yes, member Maggi States yes and member Prouty states yes. The decision to approve is
unanimous. There is discussion about the conditions of this permit. It is agreed by all members
that the stacks shall be located as shown on the plan, conditions by Planning Board must be
adhered to, must get final approval from DEP, submit a copy of the LPA for Mass DEP, this is for
proposed stacks only,must file with the Hampden County Registry of Deeds and special permit
null and void if construction does not commence within 2 years.
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2. Chairperson Prouty made a motion to except July 16, 2015 minutes. Seconded by member
Marmo. All in favor.
3. Chairperson Prouty made a motion to close the meeting at 7:21 PM. Seconded by member
Maggi. All in favor.
2
BOARD OF APPEALS PUBLIC MEETING July 16, 2015
The following members attended the public meeting:
Doreen Prouty— Chairperson
Gary Suffriti- Vice Chairperson
James Marmo - Clerk
1. Case#1940-Michael and Andrea Fusick
Chairperson Prouty opened this public hearing at 8:30 AM. Sitting on this case was Prouty, Suffriti
and Marmo.
Chairperson Prouty continued the hearing of Case# 1940, Michael and Andrea Fusick,
Mr. Fusick submitted a new plot plan showing the new addition having a front setback of 28 feet,
which is less an encroachment than which already exists. There was no other discussion.
Chairperson Prouty explained the 20 day appeal period,closed the hearing at 8:34 AM and went into
a meeting.
C�
Chairperson Pouty called for a vote of the three members to grant the special permit. TheUsults
C"
were:
Suffriti-Yes -°
Marmo-Yes
Prouvy-Yes
The conditions were then discussed which are:
1. Build as shown on plot plan and signed by the members of this board C3
2. Special permit is for the addition only °D
3. Record with the Hampden County Registry of Deeds
4. Construction must commence within two years from the date of this decision
2. Chairperson Prouty made a motion to except the July 13,2015 minutes with revision.
Seconded by, member Marmo. All in favor
3. Motion to adjourn by Chairperson Prouty at 8:40.
Seconded by, member Suffriti. All in favor
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BOARD OF APPEALS PUBLIC MEETING June 22, 2015
The following members attended the public meeting:
Doreen Prouty- Chairperson
Gary Suffriti-Vice Chairperson
James Marmo—Clerk
Gary Geiger-Alternate ,/
r
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case 1937 NWST, LLC —38 North Westfield Street and Case 1938 NWST,LLC— 14
North Westfield Street: , -
Chairperson Prouty re-opened this public hearing and provides a review. The ANRihan was
approved by the Planning Board 6/18/2015. Chairperson Prouty stated she spoke with the
Town Assessor,Kevin Baldini re the concerns by the abutters about property valuesr-:8he
stated his opinion was that this project probably would not affect property values of abutters.
Member Suffriti states he spoke with two local realtors who feel the previously granted zone
change may negatively affect the abutter's property values due to the zone change. Member
Suffriti feels the state should handle any grievance or abatement issues by the abutters.
Member Maggi feels the whole area(4 corners) is surrounded by businesses.
Mr. Depalma states he was asked to obtain a zone change because one of his three parcels was
zoned residential and he could not combine the parking on the rear of the property unless all
three were zoned business. He also states the abutting property is a rental property. Member
Manno feels the abandoned houses that were previously on the property were demolished and
that increased the property values, not decreased.
Mr. Depalma states the adjacent business Fitness First has just as many cars in and out of the
parking lot as he is proposing on this new project. Member Maggi feels not too many people
will use the drive thru overnight and doesn't agree with restricting the hours. Member
Marmo states the Turnverein Bar located in Fitness First is open until 2:00 AM. Chairperson
Prouty also does not agree with restricting hours but is concerned with the lighting.
John Masik, R Levesque Associates,representing the petitioner provides a photometric plan
which was done by a lighting consultant and is intended to meet the standards. He reviews the
plan and states all lights are shielded.
Mr. Masik also states the ANR plan has been endorsed by the Planning Board. He also states
the schedule time for the dumpster pick up and food deliveries has been addressed by the
Planning Board and will occur between 5:00 Am and 5:00 PM. Member Suffriti states he
would like to see truck deliveries after 6:00 AM or 7:00 AM.
Chairperson Prouty states there will be a cross easement for parking across all three properties
totaling 103 spaces. There is one curb cut for entry.
Chairperson Prouty also feels this is an appropriate use since there is already a mix of
businesses and residences. Member Suffriti does not want to see the abutters negatively
affected.
Chairperson Prouty states the Board has never done appraisals in her 22 years on the Board.
She states if the abutters feel their property values are negatively affected, they can file an
abatement with the Assessor or can appeal this decision.
Member Suffriti has a problem with 24 hour operation. Member Marmo states the gas station
next door is open 24 hours. Member Suffriti would not mind restricting the drive-thru
operation only and make the customers enter the restaurant between the overnight hours.
Mr. Depalma states that the Dunkin Donuts owner, Mr. Salema is very cooperative and they
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both want to ensure the neighbors are happy.
Member Suffriti feels this property differs from the Dunkin Donuts on Main Street which
recently received a Special Permit.
Chairperson Prouty closes the public hearing, explains the twenty day appeal period and goes
directly into a meeting. She states she is in favor of granting the special permit for both Case
# 1937 and 1938. She reviews the findings for Case # 1937 and calls for a vote with the
following conditions:
1. The proposed project shall be constructed according the plan submitted entitled "Proposed
Commercial Development, 14,26,32 & 38 N. Westfield St., Agawam, MA, prepared by RLA
,revised 6/4/15 and signed by the members of this Board.
2. All zoning requirements are to be met.
3. The ordering kiosk with an intercom will be located as far back on the property as feasible.
Such sound from the intercom shall be directed away from the residential property next door.
4. Arborvitaes or similar plantings must be placed between the abutting residential property and
the subject property, starting at 35' from the street to the rear of the residential property.
5. There shall be no deliveries or dumpster pickups between the hours of 5PM through 7AM.
6. All other conditions set forth by the Planning Board in its approval of site plan review, dated
June 4, 2015 must be adhered to.
7. The drive-thru window must be closed between the hours of 12AM to SAM.
8. The approved ANR plan must be recorded with the Hampden County Registry of Deeds and
proof of said recording must be submitted to this Board.
9. Any future change to this proposed project shall require coming back to this Board for
approval.
10. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit" form, which shall be provided by this Board and proof of said filing must be
submitted to this Board and to the Inspector of Buildings.
11. This Special Permit shall become null and void if construction does not commence within two
(2)years from the date of this decision.
Prouty-Yes, Suffriti-Yes, Marmo-Yes
Chairperson Prouty reviews the findings for Case#1938 and calls for a vote with the
following conditions:
1. The proposed project shall be constructed according the plan submitted entitled"Proposed
Commercial Development, 14,26,32 & 38 N. Westfield St, Agawam, MA, prepared by RLA,
revised 6/4/15 and signed by the members of this Board.
2. All zoning requirements are to be met.
3. All conditions set forth by the Planning Board in its approval of site plan review, dated June 4,
2015 must be adhered to.
4. The petitioner must record the approved ANR plan with the Hampden County Registry of
Deeds.
5. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit" form, which shall be provided by this Board and proof of said filing must be
submitted to this Board and to the Inspector of Buildings.
6. This Special Permit shall become null and void if construction does not commence within two
(2)years from the date of this decision.
Prouty-Yes, Marmo-Yes, Suffriti-Yes
3. Member Maggi motions to table the minutes. All in favor.
4. Chairperson Prouty motions to accept the Comprehensive Permit supplemental rules and
application. Second by Member Suffriti. All in favor.
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5. Motion to adjourn at 7:45 PM by Member Suffriti. Second by Member Marmo. All in favor.
3
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BOARD OF APPEALS PUBLIC MEETING June 8, 2015
The following members attended the public meeting:
Doreen Prouty-Chairperson
Gary Suffriti-Vice Chairperson
James Marino—Clerk
Gary Geiger-Alternate
Chairperson Prouty opened the meeting at 6:30 PM. �^ o
I. Case 1939 Anna Lopes-21 Washington Ave.:
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the
procedures of the meeting and introducing the members of the board. Sitting on this case were
Chairperson Doreen Prouty, Clerk James Marino and Vice-Chair Gary Suffriti.
Petitioner Brian Lopes would like to add a second floor to his house to enlarge for his family.
Foot print will not change.
Chairperson Prouty explains the frontage is 80' and 110' is needed. Chairperson Prouty
explains why the petitioner is before the Board. His residence is pre-existing nonconforming.
Petitioner meets all other zoning requirements.
Chairperson Prouty opens the hearing to the public. No one speaks for or against.
Chairperson Prouty explains the twenty day appeal period and goes directly into a meeting.
Chairperson Prouty reviews the findings and calls for a vote to approve with the following
conditions. Prouty:Yes Suffriti-Yes Marmo-Yes
L The proposed addition will be constructed according to the plan submitted and signed by the
members of this board.
2. This special permit is for the proposed addition only.
3. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special
Permit" form which shall be provided by this board and praaf of said filing must be submitted
to this board and to the Inspector of Buildings.
4. This special permit shall become null and void if construction does not commence within two
(2)years from the date of this decision.
2. Case 1937 NWST,LLC—38 North Westfield Street and Case 1938 NWST,LLC--14
North Westfield Street:
Chairperson Prouty re-opened this public hearing and provides a review. A site visit was
conducted at 7:00Am on Monday 6/1/2015 by Member Marmo, Member Suffriti and
Chairperson Prouty. Member Suffriti observed no problems and stated traffic ran well. The
project will sit further back off street and will improve flow.
Chairperson Prouty read into record a letter from the Engineering Department dated/28/2015,
Planning Board approval and conditions dated 6/5/2015, Conservation Commission approval
and conditions, Safety Officer Grasso's memo dated 6/8/2015, memo for Inspector of
Buildings Eric Wight, letter from Attorney Richard Maggi, and traffic study conducted by
JSP.
Member Suffriti questioned what restaurant will be located at the property and was told it
would be Dunkin Donuts. He also noted there was no noise at time of visit although suggests
a noise deterrent.
Rob Levesque who is representing the petitioner says a fence and arborvitaes will be installed
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and also addresses possible issue of lights.
Chairperson Prouty opens the hearing to the public and makes it clear that the only purpose of
the ZBA is to hear concerns regarding the drive thru windows only.
Barbara Murphy, 35 North Westfield Street states it is noisy from the Dunkin Donuts and this
will only increase. She states concern about the traffic, devaluation of residential properties,
excess lighting and does not feel it fits into the neighborhood. . She also states that a 24 hour
operation is too much. She want an in depth traffic study done. She wants the Board to
guarantee her property value. Mrs.Murphy questions Officer Grassos's qualifications. She
feels the ZBA has failed to meet the criteria to grant a special permit.
Member Suffriti speaks to the question of noise and traffic. He states it was much quieter than
he expected when the site visit was done.
Michael Murphy,45 North Westfield St. feels the traffic problem is being minimalized. He
states it is very bad now and will only get worse. He wants an in depth appraisal and wants
proof of sustained property values.
Discussion continues concerning the zone change between the Board and abutters.\
Terry Knowes, 999 North St.Ext. suggests a Right Turn only out of the exit. He also feels the
proposed casino in Springfield will aggravate the F.H. Center.
Rosemary Slozik, 54 North Westfield Street questions noise level and wants it to be
reasonable.
Mr. Levesque states the ordering kiosk noise will be directed to the rear of the property.
Chairperson Prouty states the ANR endorsement was not received from the Planning Board
and therefore will not make a decision.
Motion to continue both cases to June 22, 2015 at 6:30 PM. All in favor.
3. Member Maggi motions to adjourn at 7:45 PM. Second by Member Marmo. All in favor.
2
BOARD OF APPEALS PUBLIC MEETING May 11, 2015
The following members attended the public meeting:
Doreen Prouty- Chairperson
Gary Geiger- Acting Vice Chairperson
James Marmo- Clerk
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case 1936: Charles Calabrese—29 Spring Street:
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the
procedures of the meeting and introducing the members of the board. Sitting on this case were
Chairperson Prouty, Acting Vice-Chair Gary Geiger and Clerk James Marmo.
Charles Calabrese, 7 Brewster Road West Springfield, MA states he bought the property at 29
Spring Street along with four other parcels. The previous Building Inspector allowed new
construction with no Special Permit. The house that exists on the parcel was built in 1906. Mr.
Calabrese provides photographs to the Board. He also provides signatures of abutters who are in
favor of the project. Mr. Calabrese states the current house has structural issues and mold and
cannot be rehabilitated. He is proposing to demolish the house and construct a new duplex. He
provides pictures of the abutting duplexes he has also built. The current house is non-conforming
to the zoning laws although the new house will conform with the exception of the frontage.
The lot was created in 1906 in the Town of Mitteneague which was a section of Agawam.
Chairperson Prouty states the existing house will have only 90' of frontage rather than the
squired 100'. This proposal will clean up the site. Because the lot is so old it enjoys seperate lot
}irotection.
-Chairperson Prouty opens the hearing to the public. Susan Amabile, 62 Garden St. speaks in favor
and is also present to familiarize herself with the procedures. Chairperson Prouty reads the list of
signatures of abutters in support. No one else speaks for or against the petition. Chairperson
Prouty explains the 20 day appeal period, closes the public hearing and goes directly into a public
,meeting. Chairperson Prouty reviews the findings and the following conditions and calls for a vote
�=3o grant the Special Permit.
1. The duplex is to be built according to the plan submitted and signed by the members of this
Board.
2. This Special Permit is for the shortage of frontage only. All other zoning requirements are to
be met.
3. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit" form,which shall be provided by this Board and proof of said filing must be
submitted to this Board ad to the Inspector of Buildings.
4. This Special Permit shall become null and void if construction does not commence within two
(2) years from the date of this decision.
Gary Geiger-yes, James Marmo-yes,Doreen Prouty-yes. All in favor
4. Chairperson Prouty calls for a motion to approve the Comprehensive Permit Rules and
Regulations and application. Member Maggi questions a section of the rules which state a
majority vote is needed rather than a unanimous vote. Chairperson Prouty will look into the
matter. Motion to Table item. All in favor.
5. Member Marmo motions to approve minutes of February 23, 2015, March 9, 2015 and April
6, 2015. All in favor.
6. Member Maggi motions to adjourn at 7:30 PM. Second by Member Marmo. All in favor.
1
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' BOARD OF APPEALS PUBLIC MEETING May 26, 2015
The following members attended the public mee
ting:
Doreen Prouty- Chairpersond�
Gary Suffriti- Vice Chairperson
James Marino—Clerk
Gary Geiger-Alternate ==
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case 1937 NWST,LLC—38 North Westfield Street and Case 1938 NWST,LLCM 14
North Westfield Street:
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the
procedures of the meeting and introducing the members of the board. Sitting on this case were
Chairperson Doreen Prouty, Clerk James Marmo and Vice-Chair Gary Suffriti.
Rob Levesque, R. Levesque Associates is representing the petitioner; Ralph Depalma. The
Petitioner is proposing three buildings. All of the properties are zoned Business A. One of the
parcels was recently re-zoned from Residential A2 to Business A. Proposed buildings will consist
of drive-thru restaurant, outpatient medical building and a credit union with drive-thru. Mr.
Levesque states the former planner; Deb Dachos, recommended parking in the rear of the building
due to the historic nature of the Feeding Hills Center. A layout of the plan is provided. Entry/exit
and curb cuts are explained which will allow for ample stacking of cars for the drive thru
restaurant. There are 101 parking spaces. There will be one entry and one exit to the property.
Conservation Commission and Planning Board approvals are pending.
Chairperson Prouty asks if the four lots are being converted into three. ANR draft is provided by
Mr. Levesque showing the proposed property lines. Chairperson Prouty would like to see the
ANR endorsed before a special permit is granted.
Mr. Levesque states he has had a discussion with the Town Engineer. Traffic study results have
been shared with the town.
Member Suffriti asks if there is any way to push the entrance/exit to the North, further away from
the center. Mr. Levesque states due to the property line requirements and stacking of cars,the
south bound lane is more problematic. He states there may be a future connector to Fitness First
to exit the property.
Chairperson Prouty read a letter into record from Barbara Murphy, 35 North Westfield St., Mr.
and Mrs. Michael Murphy; 45 North Westfield Street, Rosemarie Slosek; 54 North Westfield
Street and Mr. and Mrs. Botta; 44 North Westfield Street dated May 5, 2015 which states
opposition to congestion of traffic, truck deliveries, lighting and environmental impacts.
Chairperson Prouty opens the hearing to the public.
Terri Knowes, 999 North St. Ext. is concerned about cut through traffic and is opposed to the
project and is also concerned with safety of pedestrian traffic and stacking of cars.
Mike Murphy, 45 North Westfield St. lives across the street states a 5/4/2015 accident across the
street from Phipps on Springfield Street which caused heavy traffic. He provides a photo. He
feels the addition of 100 cars will cause more delays on North Westfield St..
Barbara Murphy, 35 North Westfield St. has reviewed the traffic study. She states not all vehicles
are passenger cars. There are also many trucks. She believes the zone change was contingent on
access to Fitness First which has been abandoned. She believes the project is too big for the
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parcels and is concerned about environmental impacts due to trash.
Engineering Department has advised the committee of a 2017 project which will provide for new
lighting as well as widening of the road 3' on each side.
Abutters expressed concern of the unknown business/lease. Amelia Botta,44 North Westfield St
owns the abutting property which he states is 3' from the drive thru window. Trucks passing by
on North Westfield St. cause the house to shake. She also feels her property value will decrease.
Rosemary Slocek, 54 North Westfield St. has a major concern with the noise ordinance. She
states she can hear individuals ordering coffee from the current Dunkin Donuts location. If it is
moved closer to her property, within 70' of her house, she will not be able to open her windows
due to noise.
Anthony Morello, 35 North Westfield St. states at the Conservation Commission meeting it was
suggested that if Dunkin Donuts is moving they will quadruple business and traffic. Dunkin
Donuts on Main St. does over 150 cars/hour in the morning. Cars currently back up on North
Westfield St. to Kellogg Ave. in the morning which will make it difficult to exit. He states based
on the number of parking spaces and drive thru traffic this project will cause a potential of 200
cars/hour in addition to delivery trucks. He feels exiting on to a narrow street will be impossible
for a 53' trailer. Stop and Shop installed a no left turn and it is violated on a daily basis. People
ignore signs.
Susan Guidi, 70 North Westfield St agrees with previous speakers. Traffic is already heavy.
Traffic on Kellogg and Yale streets are heavier because people cut through. Safety is also an issue
as there are a lot of pedestrians and children from the school walking.
Chairperson Prouty opens the public hearing for Case # 1938, 14 North Westfield St by reading
the legal ad into record so both hearings may be heard consecutively.
Anthony Morelli asks what the criteria is for issuing a Special Permit.
Chairperson Prouty read into record Ch. 180-44 Paragraph H and Ch. 180-11 Paragraph G. Mr.
Morelli feels it is obvious that all criteria has not been met.
Amelia Botta states traffic on North Westfield St. causes cracks in foundations and walls.
Rob Levesque addresses traffic concerns. He states this proposed drive thru restaurant is a
replacement location. The same number of vehicles from the location at the center location will
be shifted north. The speaker for ordering can be set to any level. Hours of operation can be
adjusted based on the Board's recommendation. He states Route 187, North Westfield St. is an
approved truck route. There will not be any changes to the baseline conditions. There are also
improvements corning in 2017. A traffic study was completed using standard practices.
Mr. Levesque also adds they will be adding a 6' stockade fence between the abutting property and
drive thru. He feels they can control the noise by not adding any additional noise to the current
ambient level. He also feels they can meet the Special permit requirements and will try to
accommodate concerns of the abutters.
Mr. Levesque states the distance between the drive thru window and the abutter is 68', the
difference between the abutter and the ordering kiosk is 120'. The distance from the back yard to
the ordering kiosk is 65'. There is also 10' from the drive thru lane to the property line.
Mr. Levesque also addresses speaker issues. The volume can be addressed by controls and
shields. The kiosk could also be moved further away so the sound is directed to the rear of the
property in the direction of the vegetated buffer.
Mr. Morelli states the speakers can be heard across the street from the current location and will be
that much closer to residences when moved. He also feels that the improvements to the
intersection may or may not happen and should not be considered in this case. He feels it is
obvious that business will increase in a new location or they would not be moving and paying
2
more rent.
Mr. Levesque states there is a similar size and style Dunkin Donuts on Main Street. The direct
abutters on Main St. had no concern over noise. He is dealing now with a current base line and
current traffic and level of service will improve based on standard criteria.
Chairperson Prouty is familiar with the site and understands the concerns of the abutters. She
states maybe a second traffic study should be done.
Ralph Depalma, 267 Hillside Dr. Southwick, MA states the second exit and connector to Fitness
First has been considered. The owner of Fitness First has no problem connecting the properties
for traffic connectivity. He can provide a letter if needed.
Mr. Morelli asks if traffic can be diverted through Fitness First.
Mrs. Murphy feels Mr. Levesque is minimizing the issue and this proposal cannot be compared to
the project on Main St.
Mr. Depalma states the original plan showed 12,000 sq. ft building on the rear of the property. It
was suggested to move the buildings to the front and the parking to the rear by the former
Planning Director. The zone change was also recommended by the former Planning Director and
was done in 2013.
Mike Murphy feels this will affect the property value of his historic home.
Member Suffriti suggests the Board do a site visit.
Chair Prouty states that feeling your property value will decrease is not valid evidence. Proof is
required. The Board discusses hiring an appraiser.
Mr. Depalma feels this project is an improvement over the boarded up houses that were on the
parcel that he recently removed. He also states the direct abutter, Mr. Botta was initially seeking
rental space from him which would have had the same impact on his property value. Mr.
Depalma also confirms the businesses leasing the property will be Dunkin Donuts and Holyoke
Credit Union.
Mr. Levesque feels the issue of appraisals needs to be a fair process.
Chair Prouty states the committee will not go into a meeting tonight. The Board is waiting for
planning and conservation commission approvals and a copy of the traffic study. The Board will
conduct a site visit Monday 6/U2015 at 7:00 AM. The Board would like answers about the
possibility of a new location of the ordering kiosk and the ANR endorsed
Motion to continue meeting to 6/8/2015 after the 6:30 public hearing concludes. All in favor.
2. Member Marmo motions to approve minutes of May 11, 2015. All in favor.
3. Member Maggi motions to adjourn at 8:30 PM. Second by Member Marmo. All in favor.
3
BOARD OF APPEALS PUBLIC MEETING March 9,2015
The following members attended the public meeting:
Richard Maggi-Acting Chairperson
Gary Suffriti- Vice Chairperson
Gary Geiger-Acting Clerk
Acting Chairperson Maggi opened the meeting at 6:30 PM.
1. Case 1935: Mushy's Golf Center, LLC—369, 385-389 Main Street:
Chairperson Maggi opened this public hearing by reading the legal notice, explaining the
procedures of the meeting and introducing the members of the board. Sitting on this case were
Chairperson Richard Maggi, Clerk Gary Geiger and Vice-Chair Gary Suffriti.
Attorney Mark Beglane is representing the property owner who is appealing the decision of the
Building Inspector regarding parking at 369, 385--389 Main St. Attorney Beglane pri ides a
history of the properties and also provides a map. He states 365 Main St. houses a solo farm and a
cell tower, 369 Main St. houses the Main St., Grill restaurant. No permits have ever been issued
for this property. 385 —389 Main St. houses the Dunkin Donut property which has rec-entiy
received a special permit. There is a right of the way to the south of this property. E-j
ry
Rob Levesque, Levesque Associates; Westfield, MA is representing Dunkin Donuts in�his matter.
He is requesting to clean up the property lines around Dunkin' Donuts. A special permit was
previously granted to Dunkin' Donuts for a leased area on 385 389 Main Street.
A cease and desist letter was issued to the appellant by the Inspector of Buildings concerning the
parking of tractor-trailers on the properties in question.
Attorney Beglane states the appellant is parking up to five trucks to the north of the Dunkin'
Donuts lease area in the rear of the property. He also states that the trucks are being parked on an
area not included in the leased area by Dunkin' Donuts. The vehicles are left over night and on
weekends. Member Suffriti states that the appellant is not here to request approval of a trucking
terminal. That is a separate issue. The property owner is here today to appeal the decision of the
Inspector of Buildings concerning the cease and desist letter. Attorney Beglane states that the
Inspector of Buildings references 385 —389 Main St. The appellant would like to potentially add
385 Main St. to 369 Main St.
Member Maggi asks if the parking of the tractor trailers displaces customer parking at 369 Main
St. Attorney Beglane states they do not displace customer parking and also states the trucks
access the site via 369 Main St.
Member Suffriti ask what the zoning is on the properties in question. Attorney Beglane states the
front of the property is business B and the rear is Industrial. Member Suffriti states the tractor-
trailers must cross the business zoned area to access the industrial zoned area.
Attorney Beglane states the truckers pay$100 a month to park their trucks. He states they Park
and leave their vehicles. Member Suffriti asks if there are restrooms. Attorney Beglane states no.
Appellant will have to amend the special permit to use 385 Main St. if it is combined with 369
Main St. in the future since the conditions of the special permit granted to Dunkin' Donuts runs
1
.CANNED -7IZI it-7
with the land. Member Geiger asks if any of the trucks are parked on 385 and 369 Main St.
Attorney Beglane states they are parked on a combination of 369 and 385 —389 Main St. adjacent
to Dunkin' Donuts. The property lines are not visible so it is difficult to determine where they are
actually parked. The cease and desist letter addresses all three parcels which is why this hearing is
being held according to Chairperson Maggi. He also states the zoning ordinance does not allow
parking of this nature for gain. Attorney Beglane states this is been happening for a very long
time. The previous owner also parked tractor-trailers overnight.
Chairperson Maggi opens the hearing to the public.
Asmir Katica, 3 Beekman Place states that he is parking trucks at the sites in question. He owns
three trucks. One is currently not running. He has nowhere else in town to Park the trucks. He
states many times HP Hood delivery trucks will park on the site as well while waiting for Hood to
open. He states he does not leave his trucks running overnight. The drivers of his trucks usually
leave between 2 and 3 AM. The drivers also typically leave a car or are picked up to go home.
Sue Devillier, 24 Avalon Place asks where the trucks are serviced. Mr. Katica advises the board
that the trucks are serviced at another facility. Ms. Devillier states she drove by the site in
question today and there were six trucks parked.
Steven Zicolella, owner Mushy's Golf Center, LLC states five trucks pay to park on his property.
Others Park on his property at their own discretion. He states he has a 24 hour surveillance. He
has had the police instruct other trucks to leave in the past. He provided a copy of the police report
to prove this to the board. He asks if the abutters have ever called the police when trucks are
running all night long. They state they have not.
Mrs. Devillier asks the board if the appellant wants to separate the parcels why wasn't it done
prior to the request for the special permit of the donuts. She asks what assurances will be abutters
have that the trucks will not be moved to 365 and 369 Main St. She also asks if the parcels are
separated with the special permit have to be amended. Chairperson Maggi states that the special
permit would have to be amended at public hearing if the parcel was split. He also states if the
trucks are moved to 365 or 369 Main St. that would be an issue for the building inspector.
Dori Lafleur-Sheltra, 378 Main Street provides a recording of the sound of the idling trucks
parked at the sites in question as recorded on her phone in the enclosed front porch of her abutting
property. She states she rarely sleeps at night. She states the truckers are not respectful to the
neighbors. She also states she does not see HP Hood trucks parking on the parcels.
Richard Melloni, 41 Greenuck St. states that the property owners are in noncompliance with our
zoning ordinance. He states it is dangerous for the trucks to park on the site and it looks terrible.
He feels crime increases due to the parking of trucks. The trucks provide a place for criminals to
hide. Mr. Melloni leases 393 Main St. which abuts the properties in question. He states the
appellant lives in Longmeadow and asks why he doesn't park his trucks there.
Dave Lafleur, 374 Main Street feels the board should not be talking about the property lines but
since the appellant brought it up he states the original permit for 385 —389 Main St. is locked into
the conditions of the decision. The appellant had the right to appeal that decision and did not;
therefore the trucks should be moved. He also adds when the solar farm was put in,the frontage
was reduced on the property. He feels the appellant should not be allowed to split the parcel at a
future date. He states in the previous special permit hearing for the Dunkin' Donuts property he
asked the appellant where he would be parking the trucks that were currently being parked in the
2
right-of-way. An order from the building inspector addressed the parking and the Special Permit
has conditions that should be followed. He states the appellant cannot park trucks on 369 Main St.
either because of the site plan approval conditions.
Linda Parotta, 357 Main Street states the code does not allow parking therefore the trucks should
be removed. They should have to move to a place that is allowed. The issue of the land
descriptions and property lines is irrelevant.
Dorothy Lafleur, 374 Main Street states that after the last meeting before the ZBA, Mr. Zicolella
apologize to her but then threatened to Park cars in front of her house. She has to work at 4 AM in
the trucks keep her up all night long due to the noise.
Bruno Parotta, Greenacre Lane states that the Lafleurs have lived in their house for 70 years. Their
quality of life is an issue. The trucks shake the property and they are unable to sleep at night due
to the noise.
Tom Zicolella, 15 Federal St. states that Main Street has 14,000 vehicles a day traveling on it.No
one complains about the noise of the cars and trucks as well as other noise from businesses. It is a
state highway and a very busy road.
Rob Ldvesque has questions about procedures. The trucks are an issue here and he wants to know
if there is a problem with moving forward with an ANR to split the properties. He states it was not
done before the Dunkin' Donuts filing because they wanted to ensure that approval was done first.
Member's Suffriti states that he cannot say what the board would do going forward although the
special permit may have to be amended.
Dave Lafleur states that he has seen a HP Hood truck parked only twice on the property which
was only to visit Dunkin' Donuts and then leave. He has never seen them leave their trucks
running on the property
Mr. Katica states that he worked seven years at Hood. They have smaller trucks now. The trucks
run down Main Street and wonders why that does not bother the neighbors. He also states that he
does not leave his trucks running nor do the drivers that work for him.
Attorney Beglane addresses the cease and desist letter. He does not believe 369 Main St. should
be referenced in the cease and desist letter. He understands the order of the special permit in the
conditions and how they apply to the land. Member Suffriti states the frontage from 369 Main St.
is used to access the solar panels at 365 main St. There are no permanent markings to show where
the trucks are parked. He believes they are parked on both 369 and 385 Main St. The owner
understood the conditions apply to 385 Main St. at Dunkin' Donuts since they were the petitioner.
He did not understand that they would also be applying to the abutting property.
Chairperson Maggi explains the 20 day appeal period, closes the public hearing and goes directly
into a public meeting. The cease and desist letter addresses 369, 385 and 389 Main St. The
previous ZBA decision referenced in this cease and desist order does not address 369 Main St.
therefore the board would like to except 369 Main St. from this decision.
The Board members unanimously agree Mushy's Golf Center, LLC must immediately cease and
desist all long term parking of commercial vehicles from the 385-389 Main Street locations as set
forth in condition#5 of the special permit granted on December 9,2013, Case# 1921,as ordered
by the Agawam Inspector of Buildings.
3
The Board is excepting 369 Main St. from this decision due to the fact the Inspector of Building's
cease and desist order appears to be based on the ZBA decisions of Gases # 1921 and 1934. Those
decisions do not include 369 Main Street, and to avoid confusion,this Board's decision does not
address the appellant's 369 Main St location.
Chairperson Maggi makes a motion to uphold the decision relative to 385 —389 Main St. only.
The building inspector shall address 369 Main St.violations separately. All members are in favor.
2. Motion to table the minutes of February 23,2015 by Member Geiger. All in favor
3. Motion to adjourn at 8:15 PM by Member Geiger. All in favor
4
a
• ` BOARD OF APPEALS PUBLIC MEETING March 23, 2015
The following members attended the public meeting:
Doreen Prouty- Chairperson
Richard Maggi- Acting Vice Chairperson
James Marmo - Clerk
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case 1934: SBA Communications/T.Mobile, LLC -369 Main Street:
Chairperson Prouty re-opened this public hearing and states the Board has received a legal opinion
from Town Counsel and explains the petitioner must only come to the Board to prove there is not
substantial change.
Attorney Ricardo Sousa and Stephen McGovern, AiroSmith Corp., Lowell, MA are both
representing the petitioner. Mr. Sousa states Section 64-09 of the Middle Class Tax Relief Act is
a relatively new law which allows a streamlined process for wireless carriers to better service
customers. He also states the petitioner is not asking to increase the size of the tower. The
equipment cabinet will be modified but will not increase by more than 2 cabinets. The plans also
clearly show the antennas will only protrude 3.3' from the pole. Section 64-09 permits up to a
20' increase in the tower, although the petitioner will not be increasing the height. He also states
they will not be increasing the platform size. The petitioner believes they are a perfect candidate
for Sec. 64-09.
Chairperson Prouty asks if there will be any excavation on the property. Petitioner states no.
Chairperson Prouty reviews the findings and states the board has received a reply from the Town's
outside Counsel; Attorney Jeff Fialky. It is her opinion that the six conditions of the Act have
been met.
Chairperson Prouty opens the hearing to the public. No one speaks for or against the petition.
Ellen Freyman, 1441 Main Street Springfield asks what the significance of the 20' is. Mr. Sousa
states that a substantial change is determined by increasing the tower and antenna by more than
20'.
Mr. McGovern asks for the Board to address the necessity of a tower removal bond and whether
or not the petitioner will have to return to the Board every five years to update the monetary
amount, as stated in the previous conditions. The Certificate of Insurance will have to be updated
annually and provided to the Town. The Board agrees the Tower Removal bond amount will be
determined by a cost affidavit and the Petitioner will not have to come back before the Board to
update the Removal Bond unless there is a major modification to the tower and/or antenna. The
Board agreed at the request of the petitioner to allow them to submit an updated Tower Removal
Bond to the Board every 5 years with a cost affidavit supporting any changes to the amount.
Chairperson Prouty explains the twenty day appeal period closes he public hearing and goes
directly into a public meeting. Chairperson Prouty asks the Board members if they a"e there
are no substantial changes. All agree. Chairperson Prouty motions to turn this matter Per to the
Inspector of Buildings for administrative approval. All in favor. - y�
SCANNED-2
1
2. Case 1932 & 1933: Verizon Wireless—491 Mill Street:
Chairperson Prouty re-opened this public hearing and states information has not been received
from the independent consultant. She motions to continue meeting to April 13. Attorney Ellen
Freyman requests a special meeting at an earlier date. Chairperson Prouty motions to
meet Monday April 6, 2015 at 11:00 AM at the DPW Annex Conference room. All members in
favor.
4. Member Marmo motions to adjourn at 7:25 PM. Second by Member Maggi. All in favor.
2
' # ' ' BOARD OF APPEALS PUBLIC MEETING February 23, 2015
The following members attended the public meeting:
Doreen Prouty- Chairperson
Gary Geiger-Acting Vice Chairperson
James Marmo -Clerk
Chairperson Prouty opened the meeting at 6:30 PM.
1. Chairperson Prouty motions to go out of order to approve the minutes of January 12, 2015.
Seconded by Gary Geiger. All in favor
2. Case 1934: SBA CommunicationsfF.Mobile, LLC -369 Main Street: `^
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the
procedures of the meeting and introducing the members of the board. Sitting on this case were
Chairperson Doreen Prouty, Clerk James Marmo and Acting Vice-Chair Gary Geiger.
:-w
Stephen McGovern, AiroSmith Corp., Lowell, MA is representing the petitioner, SBA
Communications. SBA has had an ongoing relationship on the site since 2008. A movi4pole
currently exists. The site is 75'x75' with an access road. Petitioner is requesting to amend the.
special permit to allow additional antennas. The platform will not change. Petitioner is wishing
to swap out 3 antennas and replace with 6 antennas with the same carrier.
Chairperson Prouty states the application quotes Section 180-96 of the Zoning bylaws and she is
in disagreement with the petitioner's description of a major modification. She defines a major
modifications per Ch. 180-2. Mr. McGovern states the definition of a major modification was re-
defined in the 2010 Middle Class Tax Relief Act. Section 64-09 also states application of this
scope cannot be defined. Chairperson Prouty reads into record a letter from the Planning Board
dated 2117118 recommending site plan approval and also a Determination of Applicability from
Conservation Commission which states a Notice of Intent is not needed.
Chairperson Prouty opens the hearing to the public. No one speaks for or against the petition.
Chairperson Prouty states she disagrees with Mr. McGovern but wants to see a copy of the Tax
relief Act. Mr. McGovern asks for examples of conditions of related decisions. Chairperson
Prouty suggests continuing the hearing to March 23rd. All in favor.
2. Case 1932: Verizon Wireless—491 Mill Street:
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the
procedures of the meeting and introducing the members of the board. Sitting on this case were
Chairperson Doreen Prouty, Clerk James Marmo and Acting Vice-Chair Gary Geiger.
Attorney Ellen Freyman of Shatz, Schwartz &Fentin represents Verizon Wireless. Verizon
Wireless is requesting a variance to allow for a 100' cell tower at 491 Mill St. Verizon identified
the site but it was not in the town's overlay district. A zone change was granted by the City
Council. A variance is needed because the setback requirements of 260' will not be met. There is
a 194' boundary to the west and a 65' boundary on the east. The property to the east is owned by
the church which is also Verizon's landlord. The abutting property could not be used because of
the topography and a 200' wetland buffer. The closest structure is over 500' to the proposed
tower. There is a buffer of trees on the site.
1
SCANNED _712-
The petitioner feels the intent of the ordinance is being met. Site constraints and topography limit
location. Due to the efforts, hardship and shape the requirements and conditions of the ordinance
are satisfied for a variance per a memorandum submitted with the application. There is no
detriment to the community. The tower will be a benefit to the community. The petitioner also
states they will work with the fire department and Police Department if antennas are needed. Due
to tree coverage and setback the tower is not visible as shown in an illustration when a balloon
was floated. The tower is at the minimal height of 100 feet. Petitioner feels the information
provided meets the requirements for a variance, although they understand that the information will
have to be sent to an independent consultant.
Jay Latore, Verizon Radio Frequency specialist and Doug Roberts from Hudson Engineering are
also introduced by Ms. Freyman.
Chairperson Prouty opened opens the hearing to the public.
The following people in attendance submit their name only in support of the project:
Mark Mickey, 11 Brookline Ave. Feeding Hills
Rebecca Wong, 589 North St. Feeding Hills
Michael Field, 18B Field Brook Lane Feeding Hills
Ken Blanchard, 459 Mill St. Feeding Hills,MA
Chairperson Prouty suggests continuing the public hearing to March 23, 2015 at 7 PM in the same
room since the application will have to be sent to an independent consultant. All in favor
3. Case 1933: Verizon Wireless—491 Mill Street:
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the
procedures of the meeting and introducing the members of the board. Sitting on this case were
Chairperson Doreen Prouty, Clerk James Marmo and Acting Vice-Chair Gary Geiger.
Attorney Ellen Freyman of Shatz, Schwartz&Fentin represents Verizon Wireless. Verizon
Wireless is requesting a special permit to allow for a 100' monopole cell tower at 491 Mill St.
Jay Latore,Verizon Radio Frequency specialist and Doug Roberts from Hudson Engineering are
also introduced by Ms. Freyman.
Attorney Ellen Freeman states that a balloon was floated on February 18. A notice was published
in the local paper. The balloon will be floated again on Monday, March 2 per the requirement of
the zoning ordinance.
Doug Roberts, Architect at Hudson Engineering.North Andover, MA states that there is 100 foot
buffer on the site. There is also 200 feet of a riverfront buffer. The monopole is limited to the
location on the sites and a 50' x 50' area will be in use. The lease area is 100' x 100' for potential
future use. The following comments from town staff have been addressed:
access road will be gated to limit access, catch basins will be filtered,there will be a private
easement, fire department reviews have been addressed, and a construction fence will be installed
along the 200 foot buffer.
Chairperson Prouty asks the size of the compound. Mr. Roberts indicates the compound area will
be 50' x 50'. A soil test will be completed. Chairperson Prouty also asks what the fence height
will he. Mr. Roberts states the fence will be 8 feet and will be barbed. Chairperson Prouty states
chapter 180—97 par. H states the fence shall be 6 feet. Ms. Freyman states that Verizon will
comply with the zoning ordinance. Chairperson Prouty also states section 180—97 par. G
2
•• requires a vegetative buffer shall be retained. Chairperson Prouty also asks if signage will be
present. Mr. Roberts states yes. Signage shall indicate only that it is an FCC site along with a
Verizon notice sign. There will be no advertisements and the signs will not be greater than 2 ft.2.
There will also be a sign indicated where a turnaround will be.
Ms. Freyman states space will be provided rent-free to the town and installed for free for the fire
and police department antennas.
Jay Latore; Verizon Radio Frequency Specialist, 122 Forest Hills Rd., Springfield,MA provides a
700 MHz/LTE covera,_,e map. The map shows where reliable coverage exists and is predicted.
Another map is provided and shows where coverage is not reliable and acceptable. There is no
existing coverage for Verizon wireless in the center of town.
This new facility meets the corporate needs but also capacity needs and will provide reasonable
and reliable coverage. The coverage map is displayed demonstrating the anticipated additional
coverage. It also shows additional layers of capacity, (2100 MHz/X LTE)which will enhance the
service in the proposed area.
Chairperson Prouty giwstions the sites without interest in the analysis of all facilities within 8
miles. A fac i lity in No.�!i Agawam not owned by Verizon could: locate an antenna but would
degrade the ability to provide adequate service according to Mr. Latore. A new location needs to
connect to existing tov,,rs without overlapping. He believes a new tower provides a better
balance.
Attorney Freeman provides photo simulations to the public and also included a copy in the
application.
Member Mar no asks : ,out coverage improvements on Suffield Street. The petitioner feels this
tower will provide adc: :ate coverage in that area.
Member Ma;rno also s about fire hazards and the ability to reach the compound. The petitioner
states there is an access road and it will accommodate the hose size sufficiently.
Chairperson Prouty op, !is the hearing to the public.
Dana Hammett, 385 1• : n St. states the city Council suggested co-locating and also hiring an
independent consultai . ":-hairperson Prouty states the board will hire an independent consultant
who will be :Iie expert determine if the tower is needed at the new location. Mr. Hammett asks
why the tom, rat 389 �1 St. isn't used to co-locate. He states it is a monopole and it is
underutilized. The foi s,)wing people in attendance submit their name only in support of the
project:
Mark Mickey, ll Bros:`;'i iie Ave. Feeding Hills
Rebecca We i ig, 589 P• !i St. Feeding Hills
Michael Fic'.1, 18B F1 !;rook Lane Feeding Hills
Ken Blanc!;:: -d, 459 h �t. Feeding Hills
Dave Nitka, 589 Nort': :. Feeding Hills
Ms. Freyman addressc-� 1?ie issue of co-locating. She feels it is not suitable to co-locate. The
petitioner d o feels tl; roposed site is needed and all the information is provided to submit to an
independeii --onsultas .
Chairpersoi Aouty rc Mto record section 180—95 of the zoning bylaws. She motions to send
the applica i ri to an i ; Indent consultant. It is suggested that the application be sent to David
Maxson sing:;he has 1 ;termed reviews for the town previously. All board members agree. The
petitioner aLIrees to pa\ to review fee. Chairperson Prouty motions to continue the hearing to
March 23, 2 )15 at 7:, .\1. All in favor
4. Merrib, Aarmo r 'ns to adjourn at 8:20 PM. Second by Member Geiger. All in favor.
3
BOARD OF APPEALS PUBLIC MEETING January 12, 2015 _
The following members attended the public meeting:
Doreen Prouty-Chairperson
Gary Geiger-Acting Vice Chairperson
James Marmo-Clerk
Chairperson Prouty opened the meeting at 6:30 PM. :
1. Case 1931: Couture Partners,LLC- II Ruth Ave.:
Chairperson Prouty opened this public gearing by reading the legal notice, explaining the
procedures of the meeting and introducing the members of the board. Sitting on this cas�were
Chairperson Doreen Prouty, Clerk James Marmo and Acting Vice-Chair Gary Geiger. =:
n,
Petitioner; Bob Couture is the owner of 11 Ruth Ave. explains the house sits 30' from street.
The setback requirements are 35'. Petitioner is requesting to add a second floor only. T e
footprint of building will not change. A plot plan is submitted to the board as requested.
Chairperson Prouty asks how much frontage the property has. Mr. Couture states 80'.
Chairperson Prouty also states the Zoning Map shows the property as being zoned all Agricultural
although the application stated Res-A in the rear.
Member Marmo asks of the garage will be added. Petitioner states there is an existing 3 season
room which will be converted to a garage and a second floor will be added. The footprint will
remain the same.
Chairperson Prouty states there are no remaining questions. She opens the hearing to the public.
No one speaks in favor or against the applications.
Chairperson Prouty explains the twenty day appeal period, closes the public hearing and goes
directly into a public meeting and reviews the findings.
Chairperson Prouty feels the special permit may be granted with the following conditions and
calls for a vote.
t. The proposed addition will be constructed according to the plan submitted and signed by the
members of this board.
2. This special permit is for the proposed addition only.
3. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special
Permit" form which shall be provided by this board and proof of said filing must be submitted to
this board and to the Inspector of Buildings.
4. This special permit shall become null and void if construction does not commence within two(2)
years from the date of this decision.
Prouty-Yes, Geiger-Yes,Marmo-yes. All in favor.
4. Member Maggi motions to approve minutes of November 24, 2014 by Chairperson Prouty.
Second by Member Marmo. All in favor.
5. Election of Officers: Chairperson Prouty motions to keep the officers the same. Second by
Member Marmo. All in favor.
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6. Comprehensive permit Rules & Regulations: Chairperson Prouty motions to send the rules
and regulations and application o the City Solicitor for review. Second by Member Geiger. All in
favor.
7. Member Marmo motions to adjourn at 7:20 PM. Second by Member Geiger. All in favor.
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BOARD OF APPEALS PUBLIC MEETING November 24, 2014
The following members attended the public meeting:
Doren Prouty-Chairperson
e tyti
Gary Suffriti-Vice Chairperson
James Marmo-Clerk
Richard Maggi—Alternate
Chairperson Prouty opened the meeting at 6:30 PM.
+v
1. Case 1930: Salmar Realty,LLC (Dunkin Donuts)-385-389 Main Street:
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the
procedures of the meeting and introducing the members of the board. Sitting on this case were
Chairperson Doreen Prouty, Clerk James Marmo and Vice-Chair Gary Suffriti.
Rob Levesque,40 School Street,R. Levesque& Assoc. is representing Salmar Realty.
Petitioner is requesting to add outdoor seating including two tables on a hardscape patio. Patio is
approximately 12'x21'. The footprint of building is modified slightly. A planter will be
eliminated in the rear. Parking spaces are changing slightly. The driveway exit will be re-aligned
slightly to the north due to the utility pole. Mass D.O.T approval was granted.
Site Plan approval has been recommended by the Planning Board.
Member Marmo asks if changes have already been made. They have.
Member Marmo questions the number of parking spaces. Per the plan there are 50 spaces.
Chairperson Prouty states the petitioner should have come to the Board before the changes were
made for site plan approval. Member Suffriti asks how far the driveway was moved. Mr.
Levesque stated 10 feet.
Member Prouty states the condition of the original permit states that the petitioner must build
according to the plan.
Mr. Levesque states that changes came during construction. The Planning Board was contacted.
The ZBA was forgotten until a team meeting was held. The procedure was out of order.
The current plan is the final plan with a revision date of 9/2/14.
Chairperson Prouty states the patio has been built and is within the 35' setback. She believes the
petitioner should seek a variance.
Mr. Levesque states the patio is not a covered structure. There are no walls. The patio is 32' to
the street and 25' to the property line. Chairperson Prouty agrees a Special permit is sufficient.
Member Marmo and Member Maggi are concerned about the safety and location of the patio.
They would like to see the patio enclosed so children cannot exit to the street. They would also
like to see additional bollards added.
Chairperson Prouty opens the hearing to the public and reads into record a letter from Dori-Ann
Sheltra dated 11/24/14.
Arthur Lafleur, 374 Main Street Agawam states that tractor trailer trucks are parked on the Dunkin
Donuts Property backed up to the fence on the northern side.
Mr.Levesque explains the property lines and states the trucks are parked outside of the lease area.
Chairperson Prouty states the Board is dealing with the lot as a whole.
Mr. Lafleur feels a building permit should not have been granted since the special permit was not
filed with the Hampden County Registry of Deeds. Mr. Lafleur also feels the special permit is
granted for the site not just the lease area and the petitioner is in violation of the condition of the
special permit by parking trucks.
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Chairperson Prouty states to Mr. Levesque a future request may have to come before the Board for
a revision to the site plan. Mr. Lafleur states the trucks run all night long and are Iocated on the
Dunkin Property. Mr. Levesque explains that Dunkin Donuts does not lease the whole property.
The lease parcel differs from the property lines,
The ZBA has control over the site but Dunkin does not have control over non-leased are of the
parcel. Chairperson Prouty explains the original special permit was granted for the entire
property. The violation is an enforcement issue. The trucks are parked on property owned by
Steven Zicolella in the Mushy's Restaurant area which is not leased by Dunkin Donuts.
Dorothy Lafleur, 374 Main Street also states the trucks run all night loud and plays a recording of
the sound of the trucks which they can hear from their house.
Member Suffriti would like a letter sent to Mr. Salema addressing the lack of filing for the
amendment to the special permit in a timely fashion.
Mr. Levesque apologizes for missing the special permit filing. All contact was with the Planning
Board as construction continued. Gary will draft a letter.
Member Marmo would like to table the item and make the building inspector enforce the
violation. Member Suffriti feels that the board cannot punish Dunkin Donuts for the owner's
problem. Chairperson Prouty would like to discuss with the town attorney.
Member Suffriti feels the issue is cut and dry. The special Permit covers the entire site which is
owned by Mr. Zicolella. Member Suffriti suggests granting the special permit subject to the
trucks being removed, enclosing the patio, adding bollards and including hours of operation of the
patio. The board agrees the trucks must be removed permanently within 20 days of the date of the
decision.
Chairperson Prouty explains the twenty day appeal period,closes the public hearing and goes
directly into a public meeting.
Chairperson Prouty feels the special permit may be granted with the following conditions and
calls for a vote.
1. The patio must remain as shown on the plan entitled: "Dunkin Donuts, 389 Main Street,
Agawam, Massachusetts, Site Plans" prepared by R,Levesque Associates,Inc. and dated
October 8, 2013 and revised September 2, 2014.
2. The fence surrounding the outdoor patio must be extended so that access/egress to the patio is
located from inside the restaurant.
3. Bollards are to be installed within the fenced in area of the patio.
4. Tractor trailers must be forthwith restricted from using any and all areas pursuant to conditions
of the original special permit, Case# 1921, December 9, 2013.
5. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of special
permit"form which shall be provided by this board and proof of said filing must be submitted
to this board and to the Inspector of Buildings.
6. This amendment to the previously granted special permit(Case#1 1921)shall become null and
void if construction does not commence within two (2)years from the date of this decision.
Prouty-Yes, Suffriti-Yes, Marmo-yes. All in favor.
4. Member Maggi motions to approve minutes of July 28, 2014 by Member Maggi. Second by
Member Marmo. All in favor.
5. Member Marmo motions to adjourn at 8:00 PM. Second by Member Maggi. All in favor.
2
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BOARD OF APPEALS PUBLIC MEETING _ July 28, 2014
The following members attended the public meeting: T
Gary Suffriti-Vice Chairperson
James Marmo-Clerk ,
Gary Geiger—Alternate c_
Richard Maggi—Alternate
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case 1929: Soldier On Development& Mgmt. Co.-702 South Westfield Street: r ry
Member Maggi opened this public hearing by reading the legal notice,explaining the proced;wf
the hearing and introducing the members of the board. Sitting on this case were Richard Maggi,
Vice-Chair Gary Suffriti and Clerk James Marmo.
Representing the petitioner is James Scalise; SK Design Group. He provides a background on the
project. He states that in March 2012 a Comprehensive permit was obtained which was modified in
January 2013, In July 2013 a detailed cost estimate was conducted which revealed the project was
$3.1 million over budget. A construction manager and new architect were hired.
The original project included approximately 10 rooftop units. Massachusetts Historical Commission
was concerned over the aesthetics. This became a huge factor and will no longer be done.
The poor design layout has been standardized and streamlined. It is a much more efficient layout.The
number of units has been reduced from 53 to 51. The number of parking spaces has been maintained.
The kitchen has been moved to the addition which will behind the building and is invisible to the
street. A team meeting was held and a positive recommendation was made. The front of the building
will remain the same. The traffic study indicated there is a negligible impact. The project still fits the
original design intent.
Member Marino asks how many employees will be on-site. Mr. Scalise suggests there will be
approximately 5 or 6 employees. The kitchen staff will be made up of residents.
Member Suffriti asks what the square footage of the building is. Mr. Scalise states that is less than
3600 ft.'with a covered walkway which is about 8 feet wide.
Member Marmo asks whether the buffer area and limit of work has changed. Mr. Scalise states that it
has not.
Member Maggi asks if the new structure is less than 20 feet. Mr. Scalise states yes it will be one story.
Mr. Scalise states the original budget was$10 million. Soldier on is a nonprofit's organization and is
funded through the VA.This project will be owned by an LLC and is a cooperative. He states there
are 51 shares valued at$2500 each which are typically donated.
Member Maggi asks for an explanation of the storm water drainage. Mr. Scalise states all engineering
comments have interest per a memo dated July 23, 2014.
Member Maggi opens the hearing to the public.
Rosemary Sandiin,Granger Drive, Feeding Hills Massachusetts states that she supports the project.
Corinne Wingaard, Elm Street, Agawam, MA states that she supports the project.
No spoke in opposition.
Ron Lariviere, 79 Bradford Drive, Feeding Hills, MA asks what the construction timeline will be.
Mr. Scalise states approximately 12-15 months. Mr. Lariviere also asks what the criteria for tenants
will be. Mr. Scalise states that the selection process is through funders. Tenants usually come
through a shelter. The facility is more of a transitionary process.
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Member Maggi explains the appeal period closes the public hearing and goes directly into a public
meeting. Member Maggi reads into record a letter from the planning board. He states the
conditions attached to this decision.
1. The addition will be built according to the plans submitted entitled" Soldier On
Development&Management Comp. Inc., Soldier on Veterans Village Il, LLC, 702 S. Westfield
St.,Agawam,Massachusetts, drawn by S&K Design Group, Inc., Site Plan, revised May 27, 2014,
sheet LY and signed by the members of this board.
2. So long as the use of the existing structure is not compliance with the Town of
Agawam's Zoning Ordinances, such use shall remain as housing for veterans within the low and
moderate income brackets.
3. The height of the addition is to be no higher than twenty feet.
4. There shall be 39 parking spaces on the property in question. The petitioner is to come
back to this board for review in one year from the date of the issuance of the Certificate of
Occupancy by the Inspector of Buildings to examine the parking situation and make changes if
necessary.
5. Concerns mentioned by the Agawam Engineering Department in a July 14, 2014 letter
must be addressed.
6. There are to be no changes architecturally or historically significant to the exterior or
interior of the existing structure without approval from the Massachusetts Historical Commission
and the Agawam Historical Commission.
7. A minimum of fifteen (15') feet of undisturbed vegetation shall remain on the North,
West and Southerly property lines so as to act as a natural buffer zone to the neighboring
properties.
8. The vegetation in the right-of-way approximately 180' south if the southerly driveway
must be cleared to allow for letter sight distance
9. The existing structure must comply with the minimum guidelines of the 2010 federal
ADA standards.
10. This comprehensive permit will expire in two years from the date of this decision
unless DHCH funding has been awarded and construction has begun.
Member Maggi calls for a vote. Marmo-Yes,Suffriti-yes Maggi-yes
2. Case 1927: Dragon Paradise; 270 Main Street:
Member Maggi re-opened this public hearing and explains the procedures of the hearing.
Representing the petitioner is Mark DeFranco; Real Estate Broker, 75 Marcy Lane, East
Longmeadow, MA. Mr. DeFranco provides a background.
Member Maggi reads a letter into record from the Planning Board dated 7/21/14.
There are no additional comments.
Member Maggi opens this hearing to public. No one speaks in favor.
Tracy Bryson, owner of 270 Flea Market and tenant of Dragon Paradise states he pays 52%of the
electric and property taxes and would like to know what tenants will be added. Member Maggi
suggest Mr. Bryson address his concerns with the landlord.
Member Maggi explains the appeal period, closes the public hearing and goes directly into a public
meeting. Member Maggi motions to approve the special permit. He states the conditions attached to
this decision.
i. This special permit is for Clarke Collectibles only.
2. All necessary permits relative to the occupancy permit must be obtained.
I All comments/concerns expressed by the Agawam Planning Board and Fire Department must be
addressed.
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4. As long as the use is conforming, the petitioner does not need to return to this board.
5. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special
Permit"form which shall be provided by this board and proof of said filing must be submitted to
this board and to the Inspector of Buildings.
6. This special permit shall become null and void if construction does not commence within two(2)
years from the date of this decision.
Member Maggi calls for a vote. Marmo-Yes, Geiger-yes Maggi-yes
3, Case 1928: Dragon Paradise; 270 Main Street:
Member Maggi re-opened this public hearing and explains the procedures of the hearing.
Professional Services will replace Baitus Saloon and will utilize a smaller space. Professional Care
Services is a teaching center for CNAs. Hours of operation will be 3:30 Monday through Friday and
will have approximately 10 students.
Artistic Floors will be a retail space and will be open Monday through Friday. Member Marmo asks
for an explanation on the location of the bathrooms. Member Maggi reads into record a letter from the
Planning Board dated July 21, 2014.
Representing the petitioner is Mark DeFranco; Real Estate Broker, 75 Marcy Lane, East
Longmeadow, MA. Mr. DeFranco provides a background. He also states a negative determination
has been made by the Conservation Commission. Member Maggi states that any Fire Department
comments must be addressed.
There are no additional comments.
Member Maggi opens this hearing to public. No one speaks in favor or against.
Member Maggi explains the appeal period, closes the public hearing and goes directly into a public
meeting. Member Maggi motions to approve the special permit. He states the conditions attached to
this decision.
1, This special permit is for the proposed Professional Care and Artistic Floors,Inc.only.
2. All necessary permits relative to the occupancy permit must be obtained.
3. All comments/concerns expressed by the Agawam Planning Board and Fire Department must
be addressed.
4. Artistic Floors, Inc. retail space may not be open on Saturday and Sunday
5. As long as the use is conforming, the petitioner does not need,to return to this board.
6. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special
Permit" form which shall be provided by this board and proof of said filing must be submitted
to this board and to the Inspector of Buildings.
7. This special permit shall become null and void if construction does not commence within two
(2)years from the date of this decision.
4. Member Maggi motions to approve minutes of June 23, 2014. Second by Member Geiger.
All in favor.
5. Member Marmo motions to adjourn at 8:00 PM. Second by Member Maggi. All in favor.
3
BOARD OF APPEALS PUBLIC MEETING June 23, 2014
The following members attended the public meeting:
Doreen Prouty—Chairperson
James Marmo -Clerk
Gary Geiger—Alternate `-
Richard Maggi—Alternate
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case 1927: Dragon Paradise; 270 Main Street:
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the procedures
of the hearing and introducing the members of the board. Sitting on this case were Chairperson
Doreen Prouty, Acting Vice-Chair Richard Maggi and Clerk James Marino.
Representing the petitioner is Mark DeFranco; Real Estate Broker, 75 Marcy Lane, East
Longmeadow, MA. He questions why this petition is before the board. Chairperson Prouty states
there is not enough setback. Mr. DeFranco states the owner wants three new businesses in the
building; Clark collectibles, artistic Floors and Baitus Saloon(religious church).
Mr. DeFranco states Clark Collectibles is a conforming use except for the set back. Ron Clark and
his wife are the only employees. There are no walk-in customers. Hours of operation are sparatic
between the hours of 9-5 Monday through Friday.
Chairperson Prouty opens the hearing to the public.
Christine Schindell; 66 Cooper Street asks if there will be shipping trucks. Mr. DeFranco states UPS
or van truck. Chairperson Prouty read what the business does through an email to his realtor.
Pam Murphy, 132 Cooper Street has concerns about tractor trailers.
Chairperson Prouty explains to the petitioner they need to go before the Planning Board. Mr.
DeFranco does not understand why. He states they may lose tenants and the process is cumbersome.
He doesn't feel he should have to go back to planning board. Chairperson Prouty states they must go
before the planning board and motions to continue the hearing to July 28, 2014 at 7:00 PM.
Dragon Paradise owner is very concerned because the building is non-confirming and they must have
all businesses within the building come before the ZBA. Mr. DeFranco states he thought they didn't
have to go back to planning. The board understands his frustration.
2. Case 1928: Dragon Paradise; 270 Main Street :
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the procedures
of the hearing and introducing the members of the board. Sitting on this case were Chairperson
Doreen Prouty, Acting Vice-Chair Richard Maggi and Clerk James Marino.
Representing the petitioner is Mark DeFranco; Real Estate Broker, 75 Marcy Lane, East
Longmeadow, MA. Mr. DeFranco states two tenants should fill up the rest of the building.
Baitus Saloon is a religious church consisting of approx. 15-20 people and meets Wednesday and
Friday. The remaining space will be used by Artistic Flooring with some small retail space. They
cannot be open Saturday and Sunday due to parking concerns.
Chairperson Prouty explains to the petitioner they need to go before the Planning Board.
Chairperson Prouty opens the hearing to the public.
Mary Ellen Pietroniro, 56 Cooper Street feels this meeting is a waste of time. If the ZBA did not hear
from the planning board why wasn't the meeting canceled. Member Maggi explains that legally the
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board must still hold the meeting because it was advertised. Chairperson Prouty states they must also
go to before the planning board and motions to continue the hearing to July 28,2014 at 7:15 PM.
3. Chairperson Prouty motions to approve minutes of March 24, 2014 and March 31, 2014.
Second by Member Maggi. All in favor.
4. Marmo motions to adjourn at 8:00 PM. Second by Member Maggi. All in favor.
2
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BOARD OF APPEALS PUBLIC MEETING March 24, 2014
The following members attended the public meeting:
Doreen Prouty—Chairperson
James Marmo-Clerk
Gary Geiger—Alternate
Richard Maggi—Alternate
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case 1926: Paula Sullivan; 1744 Main Street(Maxine Cirillo):
J
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the pro-adures
of the hearing and introducing the members of the board. Sitting on this case were Chairperson
Doreen Prouty, Acting Vice-Chair Gary Geiger and Clerk James Marmo. 1
Representing the petitioner is Attorney Brad Moir, 45 Broad Street Westfield Massachusetts;qom
Sullivan is also present in leiu of his mother Paula Sullivan who is the petitioner.
Attorney Moir walks through a letter which he submitted to the building inspector demandi(%
enforcement for violations at 1744 Main St which is owned by Maxine Cirillo. The Sullivans feel
that Maxine Cirillo has no right to park cars for Six Flags at her property. The Cirillos were
previously granted a special permit, case number 1818 on May 12, 2008, to change the use from
residential to business. Case#1859 modified that decision on March 8, 2010 and altered the plans.
At that time, Section 180—46, paragraph F of the 2006 zoning by-laws allowed open air transient
parking with a hearing by the ZBA. The Cirillos applied for a special permit and never followed
through. The parking ordinance was then repealed. The pending application for a special permit to
park cars was never acted on. In 2007, the town deleted all provisions which meant that Cirillo now
had no right to park cars because they never followed through with their petition. Cirillo was refunded
his application fee because the special permit was never awarded.
The planning board granted site plan approval for Twisty's Too restaurant at 1744 Main Street. Mr.
Cirillo stated in that meeting the parking will be for the restaurant only according to the minutes.
The petitioner feels a special permit that was awarded is for the restaurant only and does not include
parking cars for Six Flags. He is asking the board to enforce the zoning at the premises.
Chairperson Prouty opens the hearing to the public.
Gary Liquori, 84 Park St. W., Springfield, MA is the attorney for Maxine Cirillo. He submits the
assessor's record card for 1744 Main St. he also states the Sullivans have a two-family house and are
running a business out of it. The issue of unclean hands was raised by Sullivan in the past and it now
applies to her more so.Atty. Liquori feels that the Cirillos are running a business which has been
approved. He objects to people who park cars and do not run a business. The Cirillos pay commercial
taxes.There is no parking ordinance. They are parking cars for their business. 99%of the customers
who park their cars also purchase ice cream and other items. The Cirillos have all of the requirements
needed to park cars at their premises. He feels this appeal is frivolous.
Member Maggi agrees there is no parking ordinance, and states that Attorney Liquori must be familiar
that the Agawam Zoning by laws is a book of permitted use and because there is no parking
ordinance, it is not allowed. He also referenced accessory uses in section 180-17 paragraph F, which
states: "...shall not include any activity conducted for gain". Attorney Liquori feels the parking is
ancillary to the business. Member Maggi states parking for Six Flags is not ancillary and reminds
attorney Liquori that Mr. Cirillo stated in the planning board meeting that he would only park cars for
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his restaurant. Member Maggi states that no one is questioning the investment in the restaurant, the
question is parking for a fee. No one is allowed to do so and being a business shouldn't make a
difference.Member Maggi states that parking for Six Flags is not a permitted use. There are no
exceptions.Attorney Liquori agrees, but feels the parking is a part of the restaurant business.
Attorney Liquori feels that all people should be on equal ground. He states some individuals are
parking cars with no site plan approval, etc.. Member Maggi states that according to the board no one
is allowed to park cars. Attorney Liquori states it is not being enforced.
Maxine Cirillo, 986 Main St. feels the issue is clouded. The issue is about running a business and
paying business taxes.
Tony Cirillo, 986 Main St. feels the board has only stopped people who are parking on residential
properties. He questions why he is before the board and no other business is.
Member Maggi states that the board is not empowered to act unless a petition is brought before the
board. The reason this board has denied the right to park is because someone presented a petition
stating they are in violation. An appeal is now being presented to the board by an abutter stating that
the Cirillo's are in violation.
Tony Cirillo states he was approved by the planning board to park cars. Member Maggi states that the
ZBA would deny the appeal regardless because parking is not permitted.
Ralph Zavarella, 1702— 1704 and 1700 Main St. feels that attorney Liquori is sweeping
generalizations. He resents the fact that his property is located in both Business B and Industrial A
zones and he is being included in Attorney Liquori's generalizations.
Chairperson Prouty explains the 20 day appeal, Closes the public hearing and goes directly into a
public meeting.
Member Geiger feels the petitioner cannot park cars and is in violation. Member Marmo feels the
petitioner can charge$10 for an ice cream and park cars. He feels this is a business and parking cars is
ancillary to the business. All other businesses in the area also park for a profit. Member Marino also
feels residences who do not pay commercial taxes should not be parking cars. Chairperson Prouty
states that she agrees with what Mr. Maggi has stated in the hearing.
Chairperson Prouty calls for of votes to allow parking.
Marmo-Yes, Geiger-No, Prouty-No
Chairperson Prouty states that Maxine Cirillo cannot park cars for Six Flags.
2. Case 1923 : Olga Kripakova; 1038 North Street Ext.:
Chairperson Prouty re-opened this public hearing. Chairperson Prouty states that a legal opinion was
received by the law Department. She states that the zoning board of appeals would not be
discriminating if they do not approve the variance. Chairperson Prouty states that she was hopeful that
she would find something that would override the local zoning. She explains what is needed to
receive a use variance and states that the petitioner has not met the conditions.
Petitioner, Olga Kripakova, 1038 North St. Ext. states she has spoken with her neighbor who owns
the land behind her house. She found out in the previous meeting that the chickens are partially on his
parcel.He has stated to her that he did not oppose. Chairperson Prouty instructed the petitioner to
speak with the building inspector to determine what's the abutter is zoned and if it will be allowed to
have the chickens on his property. She states that the property must be agriculturally zoned.
Chairperson Prouty explains the twenty day appeal period,closes the public hearing and goes directly
into a public meeting. Chairperson Prouty states that she was hopeful that she would find a federal or
state law that would override the Iocal zoning. The American with disabilities act only applies to
public use. The Board of Appeals members agree that no evidence was presented to support the
granting of a Variance. If the petitioner wishes to keep chickens, she must do so where it is allowed
under the local zoning ordinances.
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Chairperson Prouty calls for a vote to deny the petitioner a Variance to allow for the raising and
keeping of poultry.
Geiger-Yes, Marmo-Yes, Prouty-Yes.
All in favor.
3. Case 1924: Steven Cincotta; 1408 Main Street:
Chairperson Prouty re-opened this public meeting. Chairperson Prouty states that information was
received from Attorney Drost but she cannot allow it because the public hearing was closed.
Chairperson Prouty states that she has done some additional research into chapter 40 A, Section 6.
She states that the roof line visibility is a matter of opinion, not fact. Chapter 180—7 allows a
building to be enlarged. No other members have any additional questions or comments. Chairperson
Prouty explains the 20 day appeal period and calls for a vote to grant the petitioner a special permit:
Maggi-Yes,Marmo-Yes, Prouty-Yes.
All in favor.
4. Chairperson Prouty motions to approve minutes of March 10, 2014 . Second by Member Maggi.
All in favor.
5. Correspondence: Medical Marijuana zoning ordinance presented to the committee for review.
Any suggestions should be made to the Planning Director.
6. Marmo motions to adjourn at 7:35 PM. Second by Member Maggi. All in favor.
3
BOARD OF APPEALS PUBLIC MEETING March 10, 2014
The following members attended the public meeting:
Doreen Prouty--Chairperson
James Marino -Clerk
Gary Geiger—Alternate r.
Richard Maggi—Alternate W
Chairperson Prouty opened the meeting at 6:30 PM.
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1. Case 1925 : Dragon Paradise; 270 Main Street:
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the pj�cedures
of the meeting and introducing the members of the board. Sitting on this case were Chairperson
Doreen Prouty, Acting Clerk Jim Marino and Acting Vice-Chair Richard Maggi. co
Representing the petitioner is Attorney Richard Goldman, 101 State St., Springfield, MA. Petitioner is
requesting a special permit. Plans have been submitted to the board. He states parking has been a
concern on the property and a good portion of the property is used for the flea market on weekends.
Because of this,the leasee (Flea Market)has made an agreement with Southworth Company across
the street to park cars for his vendors. The lease agreement includes 150 spaces. This will ensure
adequate space on site for any additional tenants in the building. Dragon Paradise would like to lease
the remaining space not used by the flea market. No leasees have been named.
Chairperson Prouty reads the requirements that must be met to receive a special permit from section
180-11. The petitioner feels they will meet the requirements. Chairperson Prouty has a problem
because the board does not know what the specific use will be by the new tenants. Member Maggi is
also concerned about potential hazardous materials. He does not feel the permit can be granted.
The petitioner is having trouble leasing the space because of the time delay to get the special permit.
Attorney Goldman feels a conditional approval can be given for the use contingent on a further
hearing from the board once a tenant has been named . Member Maggi feels if the owner stated retail
only that would be more specific.
Chairperson Prouty reads a letter from the planning board dated February 24, 2014 concerning the site
plan and a memo from the safety officer dated February 27, 2014 concerning traffic concerns.
Chairperson Prouty opens the hearing to the public.
Pam Murphy of 132 Cooper St. is a direct abutter. She states she has had several problems.
Underground fencing was destroyed by bobcats cleaning the property costing her$1000. A six-foot
flowering tree was also cut down. One way signs were installed and the traffic is not following the
rules and exiting to Cooper St. She states she supports businesses in town but would like the owner
to be neighborly. She has also filed two police reports. Her fencing was destroyed by plows hired by
the owner.Parking is also occurring on town land at the cemetery on the street causing damage to the
property.
Matt Moretti of 11 Fairview St. lives across from the cemetery on Cooper Street. He is happy the
building is being used but also has concerns. Parking is occurring in front of the cemetery on Cooper
Street. Traffic is exiting onto Cooper Street which is prohibited according to signage and site plan
conditions. He states this is very dangerous. Damage to the front of the cemetery from parking on the
grass has also occurred. If another business leases the remaining space in the building and it is open
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daily it will increase traffic. He is concerned with the type of businesses that could go in to the
building.
Todd Bias of 74 Cooper St. states a fence was installed behind the building. The lot is being plowed
and snow is being dumped over the fence to the abutting properties and damaging the property.
David Lloyd of 305 Means St. asked what property is zoned. Industrial A.
Mark DeFranco of East Longmeadow who is the broker for the building states parking issues have
been addressed by having vendors parking across the street. He states this has helped the situation
and feels the issue is also due to it being a new business and only open on Sunday. He explains when
the hours are expanded it should also alleviate parking problems. The owner would also like to be a
good neighbor and will address the issues brought forward.
Chairperson Prouty states the rear access is an entrance only and cars should not be exiting per the
conditions of the ZBA decision and this was an entrance only for vendors. The owner has placed two
signs there stating no exit and there is an additional one inside the lot. Todd Bias asks if the gate can
be closed after the vendors enter.
Chairperson Prouty closes the public hearing, explains the 20 day appeal and goes directly into a
public meeting. Chairperson Prouty motion to deny without prejudice because it is too open ended.
She feels the petitioner cannot satisfy the requirements of a special permit and suggest that the
petitioner withdraws until more specific information is provided. Chairperson Prouty states that a
requirement to obtain a special permit is that the specific use is appropriate for the location but states
the board does not know what the use will be. She states the board cannot grant on speculation. The
building is nonconforming. The broker does not feel it is reasonable that each tenant must come
before the board. Chairperson Prouty calls for a vote to deny without prejudice.
Prouty-Yes,Maggi-Yes, Marmo-Yes
2. Case 1923 : Olga Kripakova; 1038 North Street Ext.:
Chairperson Prouty re-opened this public hearing by reading the legal notice, explaining the
procedures of the meeting and introducing the members of the board. Sitting on this case were
Chairperson Doreen Prouty, Acting Vice Chair Gary Geiger and Clerk James Marmo.
Petitioner, Olga Kripakova, 1038 North St. Ext. states she moved into her house in October two years
ago. Her son was born with a developmental delay he is currently six years old. Last year an
occupational therapist suggested pet therapy for her son. He worked with her over the last summer
doing horse therapy. It was too cold in the winter and the therapist suggested continuing the therapy at
home with an animal.
They tried a dog in the house but it didn't work with the other children. They sought other animals and
it was suggested they try chickens. She began with five chickens and a coop in the rear of her property
near the woods. She states her son has responded very well. He communicates better with the animals
and cleans them regularly and there is no rooster on the property. She states she puts lime down to
help with any smell and she tries to be neighborly. Someone complained and an inspector came to
inspect. She states at first it was difficult even to find them. They are in the rear of the property and
are unnoticeable. Currently she has 14 chickens and a coop.
Chairperson Prouty opens the meeting to the public. Member Marmo is unsure how we can approve
this application when we denied goats at another property. He states she needs 5 acres. The
petitioner's lot is not agriculturally zoned. Member Maggi asks how close the neighbors are. The
petitioner states the coop is in the far rear of the property and is fenced in.
Edward Drowns of 1022 North St. extension lives two houses away. He is concerned of the chickens
attracting coyotes to a residential neighborhood. There is no concern with noise. He does believe that
the coop is on someone else's property though.
Chairperson Prouty is not ready to make a decision and would like a legal opinion. She has been told
that the American with Disabilities Act does not apply to this particular case and only applies to
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public properties. She is unsure whether the board can grant this variance. Member Maggi asks the
petitioner if they have tried domestic animals such as rabbits or cats. The petitioner states they have
three rabbits currently that they are trying to give away because they are too aggressive. Member
Geiger agrees that the board should get a legal opinion. He would be in favor of granting but reducing
the number of chickens allowed. Chairperson Prouty states the decision rests on whether federal law
supersedes the local zoning in relation to the disability act. Chairperson Prouty motions to continue
the hearing to March 24, 2014 at the conclusion of the 6:30 PM hearing. All in favor
3. Case 1924: Steven Cincotta; 1408 Main Street:
Chairperson Prouty re-opened this public hearing by reading the legal notice, explaining the
procedures of the meeting and introducing the members of the board. Sitting on this case were
Chairperson Doreen Prouty,Acting Vice-Chair Richard Maggi and Clerk James Marino.
Chairperson Prouty reads a letter into record from the petitioner Steve Cincotta who cannot attend
tonight's meeting. Atty. John Drost will speak on his behalf.
Attorney Drost; Fitzgerald Attorneys at Law is representing the Steve Cincotta who owns the property
at 1408 Main St. and also is the head of Clinical Research Management in the building.
Atty. Drost explains the nature of the business.Most of the work is done off site. The petitioner has
been in business since 2003. He has 14 employees, of which seven are Agawam residents. He's
petitioning the board because the building is located in both business A and Residential A-2 and he
would like to add a 2,174 square-foot addition to the building. The addition will not add volume,
additional employees or traffic. Additional information on the company is provided to the board.
Attorney Drost states that on February 6, 2014 the planning board approved the site plan and feels it is
an appropriate location and will not adversely affect the neighbors. Section 180-11 paragraph D is
also quoted by Attorney Drost—"Special consideration is given for scientific research".
Kevin Rothschild-Shea is the architect for the building. He states the building is split. Forward facing
is two stories. The rear facing is one story due to grading. A one-story addition would be added.
The building is in two different zones. It had previously been expanded with one-story into the
Residential A-2 zone. The building is the old Thorpes office-supply building. The petitioner is
looking to add a one-story addition to mirror the front of the building. There will be cedar vinyl
siding. Within the space the use remains the same. They will provide a break room, training space and
storage.The architect feels they have taken the most conservative approach. The 20 foot rear setback
is not increased and 5 foot side yard setback remains. The commercial setback is to the property line.
Christopher Tate, Doucette and Associates;Northhampton Massachusetts states that they are leaving
the front and the sides unchanged. They removing some pavement and gravel in the rear of the
building and adding additional pavement and grass.He states the town engineer is pleased with the
drainage plan and everything will be at grade in the rear. The truck well will be removed. Stormwater
runoff will result in a net reduction on the property. Kevin Rothchild-Shea states site plan review
requested a few modest changes which have been addressed. Three revised plans have been submitted
to the board.
Member Marmo asks if the property could be rezoned. Chairperson Prouty states no. The petitioner is
asking to expand upon the nonconforming use. Member Maggi asks if the business is expanding.
Attorney Drost states no, they will only be adding additional storage for archives, a break room and
ADA accessible bathrooms.
Chairperson Prouty reads into record a letter from the planning board dated February 7,2014
recommending site plan approval and a letter from the safety officer dated January 23, 2014.
3
Chairperson Prouty opens the hearing to the public.
Bill Saltman who owns the abutting property at 1410 Main Street with his wife Joanne submits
photographs and aerial views of the current conditions of both properties.He states he is concerned
with the size of the addition. The petitioner states it is 29 feet tall. Mr. Saltman references his aerial
views. He states the roofline is visible from his property which is a historical property built in 1771.
He states the extent of the proposed addition would be visible from his rear yard and feels it will ruin
the historical character of the house. He objects to increasing the nonconformity.
Chairperson Prouty reads into record a letter from the tenant, Kim Sypit, who lives at 1410 Main St.
She states she objects to the addition.
David Cecchi, 29 Albert St. speaks of the historical value of the abutting property at 1410 Main St.
He submits newspaper article from March 15, 1956 which describes the house. He feels the addition
will have an impact on the historical nature of the abutting property.
Atty. Drost believes the addition will improve the property and will keep the business in town and
increase tax revenue in the town. There is a low impact use.
Kevin Shea states he has worked on historical properties on the national register. He states he
understands the concerns and he has invested more to keep neighbors in mind. The expansion will
improve the structure and soften the unilateral structure. They have invested in preserving the roof
pitch to match the front and it will not be visible from the street.
Member Maggi asks the length of the addition. The petitioner states it will be 40 feet. It mirrors the
protrusion of the front of the house by 5 feet. There still within 6-8 foot of the setback requirements.
Mr. Saltman appreciates all the work done in the care taken in the plans yet disagrees with adding a
30 foot high addition to an already large structure.
Chairperson Prouty explains a 20 day appeal period, closes the public hearing and goes directly into a
public meeting. Chairperson Prouty explains it that she is not in favor of increasing the nonconformity
of the use. Member Marino is not against the addition but would like to think about it a little more.
Member Maggi feels that the petitioner is not increasing the nonconformity in an offensive manner
and feels it will improve the structure. He appreciates the historical significance of the abutting
property but does not find anything offensive that would not allow him to grant the special permit.
Member Marmo would like more time to think about it. Motion to continue public heating to March
24,2014 at the conclusion of the second hearing. All in favor.
4. Election of Officers: Motion to keep the officers the same. Doreen Prouty; Chairperson,
Gary Suffriti-Vice Chairperson and James Marmo-Clerk. Second by Member Marino.
All in favor.
5. Chairperson Prouty motions to approve minutes of January 27,2014 . Second by Member
Maggi. All in favor.
6. Chairperson Prouty motions to approve minutes of February 24, 2014 . Second by Member
Maggi. All in favor.
7. Marino motions to adjourn at 8:57 PM. Second by Member Maggi. All in favor.
4
_ - BOARD OF APPEALS PUBLIC MEETING January 27,2014
The following members attended the public meeting:
Doreen Prouty—Chairperson
Gary Geiger—Acting Clerk
Richard Maggi—Acting Vice Chairperson
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case# 1922: Christina Maguire; 19 Alhambra Circle South:
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the
procedures of the meeting and introducing the members of the board. Sitting on this case were
Chairperson Doreen Prouty, Acting Clerk Gary Geiger and Acting Vice-Chair Richard Maggi.
Christina Maguire, 118 Atlantic Ave. Marblehead, Ma states she wants to transfer most of the
adjacent lot to her father's house at 1099 River Road. Both lots are non-conforming.
She would like to combine 1099 River Road with Lot 3 to make one conforming lot. She also
wants to give 19 South Alhambra 10' x 120' from Lot 3.
Chairperson Prouty read a letter for Safety Officer; Donald Gallerini dated 1/14/14.
Chairperson Prouty opens the hearing to the public. No one speaks for or against this petition.
Chairperson Prouty explains the twenty day appeal period, closes the public hearing and goes
directly into a public meeting.
Chairperson Prouty reviews the findings, states the conditions:
1. The addition of 1,200 s.f. of land to the subject property is contingent on 0
River Rd. and 1099 River Rd merging to create a new conforming lot.
2. A copy of all new deeds must be submitted to this board and to the Inspector of
Buildings.
I The petitioner shall record with the Registry of Deeds, a"Notice of Special
Permit" form, which shall be provided by this board and proof of said filing must be
submitted to this board and to the Inspector of Buildings.
4. This special permit shall become null and void if action does not commence
within two (2) years from the date of this decision.
Chairperson Prouty calls for a vote. Prouty-Yes, Geiger-Yes, Maggi-Yes
2. Chairperson Prouty motions to approve minutes of 1/13/14. All in favor.
3_ Marmo motions to adjourn at 7:05 PM All in favor.
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BOARD OF APPEALS PUBLIC MEETING February 24,2014
The followdng members attended the public meeting:
Doreen Prouty—Chairperson
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case # 1923: Olga Kripakova-1038 North St. Ext.:
Chairperson Prouty opened this public hearing by reading the legal notice, Due to a lack of a
quorum the meeting will be continued to Monday 3/10/14 at the conclusion of the 6:30
hearing.
2. Case# 1924: Steve R. Cincotta (Five-C Realty)-1408 Main Street:
Chairperson Prouty opened this public hearing by reading the legal notice, Due to a lack of a
quorum the meeting will be continued to Monday 3/10/14 at the conclusion of the second
public hearing at approximately 7:00 PM.
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BOARD OF APPEALS PUBLIC MEETING January 13, 2014
The following members attended the public meeting:
Doreen Prouty—Chairperson
Gary Geiger—Acting Vice Chairperson
James Marmo - Clerk
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Chairperson Prouty opened the meeting at 6:30 PM.
I. Case# 1917: Maxine Cirillo; 1702-1704 Main Street: =�
Chairperson Prouty re-opened this public hearing. She states several hearings have been--
postponed. She also reads a letter from Eric Wight, Inspector of Buildings, dated 11/2.�/A3
addressed to Attny. Gary Liquori. Attorney Liquori states that his client is Maxine Ci 'tkb lives 'at
986 Main Street and owns businesses at 1504 and 1744 Main Street. He is appealing r e�ilding
Inspectors decision not to enforce violations at 1702-1704 Main Street.. He states a le er was sent
to the Building Inspector 7/8/13 regarding violations. He outlines the violations.
Attorney Liquori states the Agawam Zoning By-Laws is a book of permitted uses and parking of
cars is not permitted. He also states you cannot run a business out of a residence.
Chairperson Prouty opens the hearing to the public.
Mr. Ralph Zavarella owns the property in question. He believes there are some errors in the letter
from Attorney Liquori to the building inspector. The property where parking occurs is 1700 Main
Street which has no residence or dwelling. This property abuts 1702 Main Street where they also
park cars. He states the highway department has granted permission to park via a letter. He also
states there is one sign locate on the property and the property is zoned Business B which is for a
part time business. Mr. Zavarella states he started parking cars approximately 4 years ago.
Member Marmo states the driveway which is being used to access the adjacent lot is on the
residential property. He also states the state has no jurisdiction to allow parking in a residential
property. They have jurisdiction over the state highway only.
Ann Zavarella questions the Big E parking. Member Marmo states there have been no complaints
there and the ZBA cannot solicit. Chairperson Prouty states it a lack of enforcement.
Chairperson Prouty explains the twenty day appeal period, closes the public hearing and goes
directly into a public meeting. She states she tends to agree with Member Marmo. This is not an
allowable use at all. A similar ruling on Case # 1912 found that since the deletion of the
"Temporary Parking" ordinance, no new ordinance has been enacted to deal with this subject.
There is no temporary parking ordinance mentioned anywhere in Chapter 180; especially Section
180-31 (Residence B), Section 180-48 (Business B) or Section 180-55 (Industrial A), The board
members unanimously agreed the Agawam Zoning Ordinances, Chapter 180, is a book of
permitted uses. With the repeal of the "Temporary Parking" ordinance, such parking is no longer a
permitted use. Therefore,the parking of cars on the subject property is not allowed.
Parking here has occurred since the repeal of the parking ordinance. Chairperson Prouty feels
because we have no parking ordinance,parking is not allowed regardless of the zoning.
1. Tom Sullivan, 22F Castle Hill Rd and owner of 1710 Main Street states Mr. Cirillo is conducting
business in a residential zone. Member Marmo states you cannot run a business in a residence
and pay residential taxes. Ann Zavarella asks if a business can park cars for reasons other than the
business. Chairperson Prouty feels they cannot. Mrs. Zavarella states that is what is happening
on Mr. Cirillo's property. Chairperson Prouty states that a complaint may be filed with the
Building Inspector if that is happening. Chairperson Prouty calls for a vote to deny the parking
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permit and states the finding and conditions. Member Marmo-Yes, Member Geiger-Yes,Member
Prouty-Yes.
Chairperson Prouty states that although the primary use of the subject property is being put to a
residential use, this property is also being used as a parking lot for Six Flags customers. Mr.
Zavarella also owns an empty abutting lot(address is 1700 Main St.) which he also uses as a
parking lot for Six Flags customers. A"Temporary Parking" ordinance (Section 180, Paragraphs
30-35) was enacted on June 19,2007. This ordinance was repealed and deleted on November 20,
2007. Mr. Zavarella has been parking cars for approximately 4 years, well after the"Temporary
Parking" ordinance was repealed and deleted. A sign advertising the price of parking is used on
the subject property.
Since the deletion of the "Temporary Parking" ordinance, no new ordinance has been enacted to
deal with this subject. There is no temporary parking ordinance mentioned anywhere in Chapter
180; especially Section 180-31 (Residence B), Section 180-48 (Business B) or Section 180-55
(Industrial A). The board members unanimously agree the Agawam Zoning Ordinances, Chapter
180, is a book of permitted uses. With the repeal of the"Temporary Parking" ordinance, such
parking is no longer a permitted use. Therefore,the parking of cars on the subject property is not
allowed. The board members unanimously agree that Mr. Zavarella is in violation of Article XIII,
Section 180-79 of the Town of Agawam's Zoning Ordinances, entitled signs.
Mr. Ralph Zavarella is ordered to immediately cease and desist any and all activities in violation
of Chapter 180;the Town of Agawam's Zoning Ordinances. Mr. Zavarella's failure to comply
with this decision shall subject him to penalties as provided by and pursuant to Section 180-16, et.
seq., of said Zoning Ordinance.
2. Case# 1904. Maxine Cirillo; 1720 Main Street:
Chairperson Prouty re-opened this public hearing. She states several hearings have been
postponed. She also reads a letter from Eric Wight, Inspector of Buildings, dated 11/25/13
addressed to Attny. Gary Liquori. Attorney Liquori states that his client is Maxine Cirillo lives at
986 Main Street and owns businesses at 1504 and 1744 Main Street. He is appealing the Building
Inspectors decision not to enforce violations at 1720 Main Street. He states a letter was sent to the
Building Inspector 7/8/13 regarding violations. He outlines the violations.
Attorney Liquori states the Agawam Zoning By-Laws is a book of permitted uses and parking of
cars is not permitted. He states this property is purely a private residence. The owner is running a
full time parking business. There are numerous sign violations. He also states you cannot run a
business out of a residence. Attorney Liquori referenced the Sullivan decision, Case # 1912. He
states Maxine Cirillo parks cars at Twistys Too after the Planning Board granted site plan
approval.
Chairperson Prouty opens the hearing to the public.
Liu Cuiyi, owns the property in question. She states she purchased the house in August 2013 and
has been parking cars since then. The property is business zoned and she pays commercial
electricity. She states all other residences have signs. Member Marmo states paying residential
taxes does not allow you to run a business. There are no handicap parking and lighting.
Chairperson Prouty explains the twenty day appeal period, closes the public hearing and goes
directly into a public meeting. She states she tends to agree with Member Marino. This is not an
allowable use at all. A similar ruling on Case# 1912 found that since the deletion of the
"Temporary Parking" ordinance, no new ordinance has been enacted to deal with this subject.
There is no temporary parking ordinance mentioned anywhere in Chapter 180; especially Section
2
180-31 (Residence B), Section 180-48 (Business B) or Section 180-55 (Industrial A). The board
members unanimously agreed the Agawam Zoning Ordinances, Chapter 180, is a book of
permitted uses. With the repeal of the"Temporary Parking"ordinance, such parking is no longer a
permitted use. Therefore,the parking of cars on the subject property is not allowed.
Parking here has occurred since the repeal of the parking ordinance. Chairperson Prouty feels
because we have no parking ordinance,parking is not allowed regardless of the zoning of a
particular lot. Tom Sullivan, 22F Castle Hill Rd and owner of 1710 Main Street states Mr. Cirillo
is conducting business in a residence. Member Marmo states you cannot run a business in a
residence and pay residential taxes. Mr. Grillo pays commercial taxes. Chairperson Prouty calls
for a vote to deny the parking permit and states the finding and conditions. She states that
although the primary use of the subject property is being put to a residential use, this property is
also being used as a parking lot for Six Flags customers. A"Temporary Parking" ordinance
(Section 180, Paragraphs 30-35) was enacted on June 19, 2007. This ordinance was repealed and
deleted on November 20, 2007. A sign advertising the price of parking is used on the subject
property. Since the deletion of the "Temporary Parking"ordinance, no new ordinance has been
enacted to deaf with this subject. There is no temporary parking ordinance mentioned anywhere
in Chapter 180;especially Section 180-31 (Residence B), Section 180-48 (Business B) or Section
180-55 (Industrial A). The board members unanimously agree the Agawam Zoning Ordinances,
Chapter 180, is a book of permitted uses. With the repeal of the "Temporary Parking"ordinance,
such parking is no longer a permitted use. Therefore,the parking of cars on the subject property is
not allowed. The board members unanimously agree that Liu Cuiyi is in violation of Article XIII,
Section 180-79 of the Town of Agawam's Zoning Ordinances, entitled signs.
Liu Cuiyi is ordered to immediately cease and desist any and all activities in violation of Chapter
180; the Town of Agawam's Zoning Ordinances. Liu Cuiyi's failure to comply with this decision
shall subject him to penalties as provided by and pursuant to Section 180-16, et. seq., of said
Zoning Ordinance.
3. Chairperson Prouty motions to approve minutes of 11/25/13 and 12/19/13. All in favor.
4. Marmo motions to adjourn at 7:10 PM All in favor.
3
BOARD OF APPEALS PUBLIC MEETING December 9, 2013
The following members attended the public meeting:
Doreen Prouty—Chairperson
James Marmo-Clerk
CZZ
Gary Geiger-Alternate -4
Richard Maggi-Alternate
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case# 1920 & 1921: Salmar Realty(Dunkin Donuts):
Chairperson Prouty re-opened this public hearings for both Case # 1920 and # 1921.
Requested information has been received by Rob Levesque, 40 School Street, R.Levessq &
Assoc. who is representing Salmar Realty. T�
Letter from Pioneer Environmental is read into record. Mr. Levesque states the address of the
property will be 385-389 Main Street. The establishment will be a 24 hour operation. The traffic
study has been provided to the board. An email from James Scheffler at DEP is also read into
record.
Mr. Levesque states the wells will be protected during construction. They are located in the rear
of the property as shown by the property owner.
Member Marmo asked if abutting property has methane and was advised no. The owner states he
bought the property approximately 7 years ago and took on the responsibility of monitoring the
methane gas and is obligated to continue to monitor annually. No methane has yet to be detected
on either property he owns. Methane naturally comes from landfill.
Member Marmo asked if the tractor trailers are still present. Security cameras were installed last
week facing the dumpster to monitor.
Chairperson Prouty opens the hearing to the public.
No one speaks for or against. Chairperson Prouty closes both public hearings, explains the twenty
day appeal period goes directly into a public meeting.
Chairperson Prouty believes we can approve and wants to include conditions to receive an annual
report regarding methane. Member Maggi asks for a copy of the annual test results by test
America.
Chairperson Prouty calls for a vote for Case# 1920 with the following conditions:
1. The proposed restaurant shall be constructed according the plan submitted entitled, "Dunkin
Donuts, 385-389 Main St., Agawam, MA, prepared by R. Levesque Associates with a revision
date of I 1-19-13 and signed by the members of this Board.
2. All zoning requirements are to be met.
I The owner of the subject property, Mr. Steven Zicolella, must provide a copy of the annual
well testing report for methane gas along with any reply from Mass DEP.
4. There will be no overnight parking of tractor trailers, especially in the right of way.
5. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit"form, which shall be provided by this Board and proof of said filing must be
submitted to this Board and to the Inspector of Buildings.
6. This Special Permit shall become null and void if construction does not commence within two
(2)years from the date of this decision.
Prouty-Yes, Marmo-Yes, Maggi-Yes
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Chairperson Prouty calls for a vote for Case # 1921 with the following conditions:
7. The proposed restaurant will be constructed according to the plans submitted entitled,
"Dunkin Donuts, 385-389 Main St.,Agawam, MA, prepared by R. Levesque Associates with
a revision date of 11-19-13 and signed by the members of this Board.
8. This special permit is for the drive-through service window only. All other zoning
requirements must be met.
9. All conditions set forth by the Planning Board in its approval of their site plan review, dated
November 21, 20 1.3 trust be adhered to.
1o. The owner of the subject property, Mr. Steven Zicolella, must provide a copy of the annual
well testing for methane gas along with any reply from Mass DEP.
11. There will be no overnight parking of tractor trailers,especially in the right of way.
12. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit" form, which shall be provided by this Board and proof of said filing must be
submitted to this Board and to the Inspector of Buildings.
13. This Special Permit shall become null and void if construction does not commence within two
(2)years from the date of this decision.
Prouty-Yes, Marmo-Yes, Maggi-Yes
2. Motion to adjourn by Chairperson Prouty at 7:10 PM. All in favor
2
• BOARD OF APPEALS PUBLIC MEETING November 25, 2013
The following members attended the public meeting:
Doreen Prouty—Chairperson
James Marmo-Clerk .y
Gary Geiger-Alternate =
Richard Maggi-Alternate ?
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case# 1919: Dmitry Ivanov-
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the.7
procedures of the meeting and introducing the members of the board. Sitting on this ca. vere
Chairperson Doreen Prouty, Clerk James Marmo and Acting Vice-Chair Richard Maggie
r
Dmitry Ivanov who would like to build a single family home on the property and remove the
existing house. Conservation Commission has asked him to move the house so that it is 200'
from the stream/wetland in the rear.
Mr. Ivanov is representing Vera Paskal who is purchasing the property. The seller has authorized
Vera Paskal to apply for the special permit, although Mr. Ivanov has applied for the permit and
signed the application.
Chairperson Prouty opens the hearing to the public.
Robin Niemac, 30 Bailey Street asks how large the house will be. Mr. Ivanov states the current
house is 750 sq. ft. The new house will be under approx... 3500 sq. ft.
Michael Kunze, 7 Bailey Street would like to see the plan. Mr. Ivanov provides a copy.
He explains the house will remain a one family ranch with 3 or 4 bedrooms and 1 kitchen.
Chairperson Prouty advises that all zoning requirements must be met.
Andrew Niemac, 30 Bailey St. asks why the petitioner is before the board. Chairperson Prouty
explains the petitioner has 54' frontage and doesn't meet the requirements. The property is a legal
non-conforming lot. The property was built in 1912 (pre-zoning).
Gary Hodge, 38 Sunrise Dr. Westfield, MA states he owns the property with his sister. The
current house started as a 600 sq. ft. non insulated cottage. The new house to be built will be
keeping with the character of the new abutting neighborhood at Forest Ridge Lane. The house has
been vacant about 3 months.
Ann Jenson, 1075 Main Street is a concerned parent and asks the builder to be cautious.
Chairperson Prouty states he must comply with the law.
Gary Hodge states there was an incident of a break in the previous week which has been turned
over to the police. Chairperson Prouty refers abutters with concerns to the police department.
Henry Kozloski, Conservation Commission Chairperson, states he did a site visit. The house as
shown on the plan is not within the riverfront. Work cannot be done in the wetland. A
determination will be done December 12, 2013 by the commission.
No one else speaks for or against the re proposal.
Chairperson Prouty explains the twenty day appeal period, closes the public hearing and goes
directly into a public meeting.
Chairperson Prouty feels the special permit may be granted and states in the decision that Mr.
Ivanov is representing Ms. Paskal. The decision with the special permit will be mailed to the
current land owner.
Chairperson Prouty states the conditions and calls for a vote.
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1. The proposed addition shall be constructed according to the plan submitted to this
board and signed by its members.
2. This special permit is for the proposed dwelling only. All other zoning requirements as
well as all building requirements are to be met.
3. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of
Special Permit"form, which shall be provided by this Board and proof of said filing, must be
submitted to this Board and to the Inspector of Buildings.
4. This Special Permit shall become null and void if construction does not commence
within two (2)years from the date of this decision.
Prouty-Yes, Maggi-Yes, Marmo-yes. All in favor.
2. Case# 1920: Salmar Realty (Dunkin Donuts):
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the
procedures of the meeting and introducing the members of the board. Sitting on this case were
Chairperson Doreen Prouty, Clerk James Marmo and Acting Vice-Chair Richard Maggi.
Rob Levesque,40 School Street, R. Levesque &Assoc. is representing Salmar Realty.
Mr. Levesque states the FEMA Flood Map shown to lie within the flood plain. New FEMA maps
show flood plain elevation. The subject property is not in the flood plain. A notice of intent was
filed with Conservation Commission and an order of conditions has been granted. A letter of map
amendment has been filed with FEMA.
Chairperson Prouty states a copy of the order of conditions dated 10/28/13 has been received.
Chairperson Prouty also reads into record a letter from the Planning Board recommending site
plan approval dated 11/22/13.
The 100' ft. buffer is described. The majority of the work will be outside buffer.
Chair reads into record a memo from Sgt. Gallerini; Safety Officer and a letter from Walter
Meisner, 396 Main Street dated 11/19/13 which states he is opposed to a drive thru facility.
Mr.Levesque states the property will be divided by landscaping with 5' plantings. The site is
explained in detail.
Chairperson Prouty opens the Bearing to the public.
Arthur LaFleur, 374 and 378 Main Street asks if trucks will be parked on site going forward.
Steve Zigolella, 365 Main Street, property owner states trucks will not be parked closer to
abutters.
Dorothy Lafleaur, 374 Main Street states the site was previously a dump. Methane gas is on site.
Mr. Zigolella states DEP is not concerned and continues to monitor. Test pits have been done and
found clean fill.
Member Marmo states the abutter at Main Street Grille is vented and tested annually and no
methane has been found.
Mr.Zigolella states test results can and will be provided to the board.
Hours of store not yet determined by petitioner.
Letter from Planning Board dated 11/22/13 read into record by Chairperson Prouty.
Dorothy Lafleur, 374 Main Street asks about water runoff. Mr.Levesque explains the runoff
system. He states water currently runs to rear of site. It will match existing street grade and will
run to a catch basin in the rear.
Chairperson Prouty would like to leave the case open to hear more about methane.
Mr.Levesque states of the site is contaminated, an area of use limitation plan would be set and it
would be attached to the deed by DEP. That has not been done. The deed is included in the
application.
Mr.Levesque feels there is no specific concern currently. Chairperson Prouty disagrees because it
2
concerns safety. The Board would like something in writing. The owner states the site is not
under control of DEP. There are testing wells.
Motion to continue public hearing to 12/9 at 6:30 PM in the library community room.
All in favor.
3. Case# t920: Salrnar Realty (Dunkin Donuts):
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the
procedures of the meeting and introducing the members of the board. Sitting on this case were
Chairperson Doreen Prouty, Clerk James Marmo and Acting Vice-Chair Richard Maggi.
Rob Levesque,40 School Street, R.Levesque& Assoc. is representing Salmar Realty.
Chairperson Prouty read into record a letter from the Planning Board dated 11/22/13 granting site
plan approval. Chairperson Prouty also reads into record a memo from Sgt. Gallerini; Safety
Officer and a letter from Walter Meisner, 396 Main Street dated 11/19/13 which states he is
opposed to a drive thru facility.
Chairperson Prouty asks if there are 50 parking spaces. Mr. Levesque confirms.
Drive through window operating hours not yet determined. Handicap space requirements have
been met. There is no canopy over the drive through. Member Marmo states he is pleased with
the plan.
Mr. Levesque states the building will be similar to the new facility on Rt. 20 in West Springfield.
Member Maggi states he is pleased with the traffic flow and design. Member Marino asks if you
can cross traffic across property lines. Mr. Levesque states no. There will be curbing and
landscaping. The intent is so that drivers cannot cross.
Chairperson Prouty opens to the public.
Arthur Lafleur,374 and 378 Main Street asks about the traffic flow. The exit will be 24' wide
and allow 2 lanes of traffic according to Mr. Levesque. The building is 36' from the street. The
requirement is 35'.
Henry Kozloski, 102 Meadow Street states there will be an increase in traffic on Main Street.
Chairperson Prouty states the safety officer stated there will not be a problem as long as there is
sufficient cuing of vehicles.
Rob Levesque states a traffic study was done and is on file with the Planning Board.
A copy will be provided to the board.
Arthur Lafleur asks why isn't more of the northern property used. Mr. Levesque states the lease
agreement defines the usage.
The frontage requirement is 100'. Currently 210'. Property is zoned business B in front and
Industrial in rear.
Motion to continue hearing to 12/9 at 6:30 PM to obtain methane results, clarify address and drive
through hours and obtain traffic study.
All in favor.
4. Case# 1917: Maxine Cirillo; 1702-1704 Main Street:
Chairperson Prouty re-opened this public hearing. Chairperson Prouty motions to continue the
hearing to Monday 1/13/14 at 6:30 PM at the Agawam Public Library Children's room at the
request of the petitioner.
5. Case# 1918: Maxine Cirillo; 1720 Main Street:
6. Chairperson Prouty re-opened this public hearing. Chairperson Prouty motions to continue the
hearing to Monday 1/13/14 at 6:45 PM at the Agawam Public Library Children's room at the
3
` request of the petitioner.
7. Correspondence: Memo from Eric Wight; Building Inspector provided to board.
8. Motion to approve September 9, 2013, October 28, 2013 and November 12, 2013 minutes. All in
favor
9. Motion to adjourn by Chairperson Prouty at 8:25 PM. All in favor
4
BOARD OF APPEALS PUBLIC MEETING November 12, 2013
The following members attended the public meeting:
Doreen Prouty Chairperson
Gary Suffriti Vice Chairperson
James Marmo- Clerk
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case# 1917: Maxine Cirillo; 1702-1704 Main Street:
Chairperson Prouty re-opened this public hearing. She states a fax was received by AttornGary
Liquori dated 11/8/13 requesting a continuation because the building inspector has failed to
respond in writing. Chairperson Prouty motions to continue the hearing to Monday 11/25A3 at
7:15 PM at the Agawam Public Library Children's room. 1
2. Case # 1904: Maxine Cirillo; 1720 Main Street: � 07
Chairperson Prouty re-opened this public hearing. She states a fax was received btAttofhey Gay
Liquori dated 11/8/13 requesting a continuation because the building inspector has failed to
respond in writing. Chairperson Prouty motions to continue the hearing to Monday 11/25/13 at
7:30 PM at the Agawam Public Library Children's room.
3. Correspondences- Six Flags New England (Star Flyer Site Plan Update):
Letter from John Furman, VHB dated 10/16/13 advising of minor changes to the site around the
Star Flyer amusement ride. Engineering comments have been provided. Plan is provided to the
board as well. A letter recommending site plan approval from the Planning Board dated 11/8/13 is
received. Member Suffriti is satisfied. The height has not changed. The queuing of the guests is
the only thing changing. Chairperson Prouty and Member Marmo agree. A letter will be sent to
the petitioner stating plans have been viewed and it has been determined that the change was minor
and there is no need to return to the ZBA
4. Correspondences- Covanta Energy(Bondi's Island Landfill Metals Recovery Facility:
Letter from Gary Pierce, Covanta Energy proposed changes to the site including a mobile trailer
that will be on wheels. There will also be a new cross belt magnet,meter feeder and a new feeder
screener.
The Board is satisfied and of the opinion that the petitioner does not have to return to the board
because the changes are minor.
5. Chairperson Prouty motions to approve minutes of 7/22/13 and motions to table minutes of
9/9/13. All in favor. Marmo motions to adjourn and to continue remainder of meeting to 11/25/13 at
the Agawam Public Library Community Room. All in favor.
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SCANNED 'l -7 be
BOARD OF APPEALS PUBLIC MEETING October 28, 2013
The following members attended the public sheeting:
James Marmo—Acting Chairperson
Richard Maggi-Alternate
c�
Chairperson Marmo opened the meeting at 6:30 PM. -�
1. Case#1917: Maxine Cirillo; 1702-1704 Main Street:
Chairperson Marmo opened this public hearing by reading the legal notice. He states that t�iere is
no quorum. Chairperson Marmo continued the hearing to Monday 11/12/13 at 6:30 PNt*the
Agawam Public Library community room.
Esr
2. Case# 1904: Maxine Cirillo; 1720 Main Street:
Chairperson Marmo opened this public hearing by reading the legal notice. He states that there'Is
no quorum. Chairperson Marmo.continued the hearing to Monday 11112/13 at 6:45 at the
Agawam Public Library community room.
Chairperson Marmo motions to adjourn and to continue remainder of meeting to 11/12/13 at the
Agawam Public Library Community Room. All in favor.
SCANNED 1 �, I-7 L
BOARD OF APPEALS PUBLIC MEETING September 9,2013
The following members attended the public meeting:
Doreen Prouty--Chairperson
James Marmo-Clerk
Gary Geiger-Alternate
Richard Maggi-Alternate
Ea
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case# 1916: Mike Kopeski.-
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the pro4ures
of the meeting and introducing the members of the board. Sitting on this case were Chairpers6h
Doreen Prouty, Clerk James Marmo and Acting Vice-Chair Gary Geiger.
Petitioner Mike Kopeski, 2033 Page Blvd, Springfield, MA has owned the property at 55 Kview
Ave for 3}years. It has been vacant. Petitioner is proposing a 2lx21 second floor addit n r a
bedroom. The footprint will not change. Chairperson Prouty asks what the total heigh of building
will be. Petitioner states approx. 21'. The addition is 6' higher than existing structure.
A surveyor advised the petitioner that the property is not located in the flood plain in October 2012.
The property was in Zone C. Chairperson Prouty states the flood plain maps changed in July 2013
and the property is now in Zone AE according to the FEMA. The house is no longer in the flood
plain. Member Marmo has a copy of the map from GIS.
Chairperson Prouty read into record a memo dated 8/2/13 from Sgt.Niles; Safety Officer.
Chairperson Prouty read into record a letter dated 9/6/13 from the Conservation Commission stating
the petitioner must file with them. Fire Department approved the plan 7/2/13.
Chairperson Prouty opens the hearing to the public.
Elma Mushrush, 77 SunnySlope Ave. states her son lived at 55 Riverview Ave. prior to it selling.
She states there is one sewer line into that house and the abutting property.
The petitioner states the neighbor has had the plumbing inspector out and he will also request an
inspection.
Catherine Benson, 77 Riverview Ave. asks for details of the construction. The petitioner states he is
raising the roof 6'. Ms. Benson states she is in favor of any improvements.
Paul Keyes, 61 Riverview Ave. states he is the closest abutter. The property has changed hands in
2006, 2007 and foreclosed in 2011 prior to Mr. Kopeski purchasing it. He states the property has
been an eyesore. Mr. Keyes has been in the neighborhood 19 years and is wondering how work will
be done on such a small lot. He sates he is against the addition.
The petitioner states he plans to improve the residence and hopes to have the exterior done by
October. Ms. Benson hopes the petitioner has good intentions. No one else speaks for or against the
proposal.
Chairperson Prouty explains the twenty day appeal period, closes the public hearing and goes directly
into a public meeting. Chairperson Prouty has no problem with the application. She states there is
no negative impact. Plumbing issues will be addressed with the plumbing inspector. Member Geiger
is also in favor and agrees with Chairperson Prouty.
Chairperson Prouty states the conditions and calls for a vote.
Prouty-Yes, Geiger-Yes, Marmo-yes. All in favor.
2. Motion to approve July 30, 2013 minutes. All in favor
3. Motion to adjourn by Chairperson Prouty at 7:15 PM. All in favor
1
SCANNED - 2IZ L 7 ��
BOARD OF APPEALS PUBLIC MEETING Juiy 30, 2013
The following members attended the public meeting:
Doreen Prouty—Chairperson
James Marmo- Clerk
Gary Geiger- Alternate
Richard Maggi- Alternate
Chairperson Prouty opened the meeting at 8:30 AM.
c.�
1. Case# 1915: 270 Main Flea Market,Inc.-
Chairperson Prouty re-opened this public hearing at 8:35 AM. Sitting on this case were Chairperson
Doreen Prouty, James Marmo and Rich Maggi.
Chairperson Prouty reads into record an email from Pam Kerr, Conservation Commission sta&
approving the wetland delineation.
No traffic study was done. Site distance and speed measurement was done by Fuss& O'Neil an April
29, 2013.
Member Maggi is concerned that a traffic study was not done.
Mark Berezin states that all other town boards and department were satisfied and had not suggested a
traffic study. Mass Highway was contacted and approved plan and will sign off when all work is
done. There has also been several communications between Fire and Police Departments.
Tracy Bryson states that the highway is designed for certain uses and Mass Highway feels this new
use won't have much of an impact.
Member Maggi is concerned with the overall impact and feels a study should have been done.
Mark Berezin states team meetings were conducted and additional meeting with the police and fire
departments were held. There is an agreement that the police will be hired if any traffic issues arise.
A memo from Sgt, Richard Niles dated 3/13/13 is read into record by Chairperson Prouty which
satisfies the boards concerns relative to a traffic study.
Member Man-no states that a plumbing permit has not been received yet. Mark Berezin states that all
building department permits will be obtained once a special permit is granted. A certificate of
occupancy will be obtained along with the electrical and plumbing permits.
Chairperson Prouty closes the public hearing at 8:55 AM and goes directly into a public meeting.
Chairperson Prouty reviews the findings and calls for a vote to approve the special permit.with the
following conditions:
t. The proposed flea market shall be done in accordance with the site plan submitted, entitled
"Change of Use-Industrial to Mercantile-270 Main St.,Agawam, MA", prepared by Chaffin
Associates,revision date June 5, 2013 and signed by the members of this board.
2. This special permit is for the proposed flea market only.
3. All necessary permits relative to the occupancy permit must be obtained.
4. All comments/concerns expressed by the Agawam Planning Board must be addressed.
5. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special
Permit"form which shall be provided by this board and proof of said filing must be submitted to
this board and to the Inspector of Buildings.
5. This special permit shall become null and void if construction does not commence within two (2)
years from the date of this decision.
Vote: Prouty-Yes, Marmo-Yes,Maggi-Yes
Chairperspon Prouty explains the twenty day appeal period and closes the public meeting.
2. Motion to adjourn by Chairperson Prouty at 9:05 AM. All in favor
I
SCANNED _7 z r 7
f
BOARD OF APPEALS PUBLIC MEETING MINUTES July 22, 2013
The following members attended the public meeting:
Doreen Prouty--Chairperson
James Marmo- Clerk
Gary Geiger- Alternate .
Richard Maggi-Alternate ?
L4
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case # 1914: Radionov-
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the acedures
of the meeting and introducing the members of the board. Sitting on this case were Chaxson
Doreen Prouty, James Marino and Richard Maggi.
Leana Radionov,the petitioner's daughter and Ekaterina Radionov,petitioner's wife exp in that they
want to build a room to enlarge the house. The addition will be a living room and will be one story.
All paper work is in order according to Chairperson Prouty.
Member Marmo asks if the foundation consists of a cellar. Chairperson Prouty states she spoke with
the Building Inspector and the house is no longer in the flood plain based on new FEMA maps.
The petitioner states 7 people currently live in the house with 3 bedrooms. There is no water in the
basement currently.
Chairperson Prouty explains the twenty day appeal period, closes the public hearing and goes directly
into a public meeting. Chairperson Prouty reviews the findings and calls for a vote to approve the
special permit with the following conditions:
1. The proposed addition will be constructed according to the plan submitted and signed by the
members of this board.
2. This special permit is for the proposed addition only.
3. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special
Permit" form which shall be provided by this board and proof of said filing must be submitted to
this board and to the Inspector of Buildings.
This special permit shall become null and void if construction does not commence within two (2)
years from the date of this decision.
Vote: Prouty-Yes, Marino-Yes, Maggi-Yes
Chairperson Prouty closes the public meeting.
2. Case# 1915: 270 Main Street. Inc.—
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the procedures
of the meeting and introducing the members of the board. Sitting on this case were Chairperson
Doreen Prouty, James Marino and Richard Maggi.
Chairperson Prouty explains that Attorney Scott Skolnick represented her son previously, although
there is no conflict of interest according to Pat Toney, Associate Solicitor for Agawam.
Mark Berezin, 9 Brauer Ave, Wilbraham,broker is representing owner Tracy Bryson.
Mr. Bryson; President of 270 Main St. and Mr. Mei N. Li, owner of building plan to divide the
building into two separate areas. The building inspector stated mercantile use is allowed in an
industrial zone, although a change in use of the building warrants a need for a special permit.
1
SCANNED
The petitioner states that the flea market will be open 1-2 days a week. Potential hours are 6:00 am to
4:00 pm on Sundays. Saturdays may follow if needed.
Vendors will rent space/booths from 100 sq. feet to 400 sq., feet in size who will sell value based
items. There will be approx. 70 vendors. The owner will use about half of the building in the rear of
the building. Plans have been provided to town departments through team meetings. Site plan
approval has been granted by the Planning Department.
Member Maggi asks what the remainder of the building will be used for. Dragon Paradise will use it
for office space, which is owned by Mei N. Li. An interior plan is provided to board.
Attorney Skolnick states the petitioner is seeking a permit for change in use only. The planning board
has already approved the site plan. Chairperson Prouty states that the site plan is ultimately approved
by the ZBA.
Chairperson Prouty states the building is a legal non-conforming structure. Currently the set back is
35'. Zoning requirement is 40'. The setback is 14' at its lowest point and 54' at its largest. Cooper
St. entrance has been approved by the Engineering department and will be a one way entrance.
Member Maggi asks about traffic. Mr. Bryson states the building will open at 6:00 am. Most vendors
will leave their items on site weekly.
Rene Dominique, 73 Adams St. states this flea market will have high end vendors selling antiques,
etc. Mr. Bryson has invested a lot of money and time into this project. He has complied with all the
requirements of the town. The plan is well thought out.
Tracy Bryson, 282 Schoolhouse Rd, Chicopee, MA states this is his retirement and he is hoping it
does well.
Mark Berezin states all vendors will have a contract. There will be rules and regulations. Dept. of
Revenue requires Tax Id#s.
Traffic flow will be continuous and evenly distributed and will also be monitored.
Chairperson Prouty reads into record a letter from the Planning Board dated 6/7/13 recommending
site plan approval and a letter dated 6/24/13 from Mr. Mei N. Li granting approval for petitioner to
use site.
Erskine Chaffin, Architect for the project provides a definition of mercantile from the building code.
Chairperson Prouty references Sec. 180-48. The flea market will not be a shopping center.
Member Maggi questions the number of parking spaces needed.
Chairperson Prouty opens the hearing to the public.
1. Rene Dominique, 73 Adams St. spoke in favor.
2. Carolyn Orde, 33 Los Angelos St. Springfield, MA spoke in favor.
3. Mike Murphy, 238 Main St spoke in favor.
4. Gail Orlando, 21 James Ave. spoke in favor
5. Kristen Chandel, 66 Cooper St. supports project and would like a fence.
The petitioner plans a fence and also will control lighting as to not shine on abutters.
6. Todd Bias, 74 Cooper St. in favor of project. Happy to see the building used. He is also
Concerned with lighting spraying into his backyard. The Cooper St. entrance is near his
property. He is also concerned with noise and privacy.
Mr. Bryson states the lights will be facing away from the neighbors and will only be used on
weekends.
Chairperson Prouty states she is not ready to make a decision and would like to review it more
thoroughly. Member Maggi would like to review the traffic report. Mr. Bryson stated he hired Fuss
&O'Neil to do a traffic report. D.O.T. also provided comments.
2
Chairperson Prouty feels she needs more time. Member Maggi asks how many entries there will be to
parking lot. Mr. Berezin states there will be only one entrance on Main Street which has been
approved by Engineering. Mr. Bryson states he has talked with Engineering and they were satisfied.
Carolyn Orde states vendors do not come at same time and customers come throughout the day.
Chairperson Prouty states the use is allowed and the building is legal non-conforming. The architect
feels it is a conforming use and should be allowed by right.
Joanne Caron, 213 Vining Hill Rd., Southwick expresses her concern with the delay.
Chairperson Prouty motions to continue to Tuesday 7/30/13 at 8:30 AM in the DPW Conference
Room. All in favor.
3. Motion to approve minutes of 6/24/13 by Chairperson Prouty. All in favor.
4. Motion to adjourn by Chairperson Prouty at 8:18 PM. All in favor
3
r h
r BOARD OF APPEALS PUBLIC MEETING June 24, 2013
The following members attended the public meeting:
Doreen Prouty—Chairperson
James Marmo- Clerk
Gary Geiger-Alternate
Richard Maggi-Alternate
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case# 1913: F.L. Roberts, Inc.-
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the pr edures
of the meeting and introducing the members of the board. Sitting on this case were Chairperson
Doreen Prouty, James Marmo and Gary Geiger.
Representing the petitioner is Jim Lukaszewski. F.L. Roberts is requesting the site at 6 LeVfand
Avenue go to 24 hours. Substantial growth has prompted the request. Currently the store Jerates
4:30 AM to 12:30 AM. F.L. Roberts currently operates 11 similar stores, which are 24 hops.
They compete with Pride Store in Feeding Hills which operates 24 hours. �-
Petitioner states there is less security issues when the store is open 24 hours because of an i�ncreas -in
activity.
Member Geiger asks how many employees will be on site. Petitioner states 1-2 as needed.
Member Maggi asks if there will be any nighttime activity. Mr. Lukaszewski states gasoline is
currently delivered overnight and that will continue. Member Maggi also asks if there are any lighting
issues. Mr. Lukaszewski states there are currently perimeter lights on at all times. The only
difference will be canopy LED lights over pumps which will point down.
Chairperson Prouty opens the hearing to the public.
Timothy Dowd, 25 Parker Street lives directly across the street and questions what the benefit is to
the neighbors and the town. He is opposed to 24 hour operation and states the dumpster pick up the
trash daily at 5:12 AM.
Joe Sibilia, 13 Parker Street is concerned with lighting coming into his house,the level of noise, and
slamming of doors. He is opposed to 24 hour operation and states he can't sleep due to the noise and
also states employees smoke near his house.
Scott Macdougall, 629 Main Street is opposed to 24 hour operation. The store is currently closed at
I 1 PM on weekdays and 12AM on weekends. The lighting in the store is very bright. He states it is
unusual to have a gas station in the middle of a residential neighborhood.
Neil Ellsworth, 95 Lealand Ave states customers are not quiet at those late hours and also state that
delivery trucks are loud.
Chairperson Prouty read into record two letters from Gary Dunlap, 14 Albert Street and Vivian
Roberts, 617 Main Street opposing 24 hour operation.
Steven Roberts, 93 West Broad Street, CEO and Owner of F.L. Roberts states that he is disappointed
that the neighbors are unhappy and requests to withdraw the application without prejudice.
Chairperson Prouty closes the public hearing and goes directly into a public meeting.
Member Marmo suggests the dumpster be closed at all times and arranging for later pick up.
Chairperson Prouty makes motion to accept the petitioners request for a withdrawal without
prejudice.
Prouty-Yes, Geiger-Yes, Marmo-yes. All in favor.
1
SCANNED IL I(7 61
t
2. Case# 1912: Maxine Cirillo:
Chairperson Prouty re-opened this public hearing and reviews the requested documents. A copy of
the DOT access permit has been received along with supporting documents used in the demand for
enforcement which had been sent to the building inspector.
Attorney Brad Moir offers to give the board more time for the board to review the documents.
Attorney Liquori believes the supporting documents are irrelevant.
Member Maggi is in the opinion that both parties are in violation. No one should be parking cars for
Six Flags, Member Maggi quotes Section 180-17 (F) although he states the board is constrained by
what is in front of it.
Attorney Moir states the board has the authority to speak because there is no right to complain if they
also don't comply. He also states there is such a lack of uniform enforcement. He also states there is
no permit to be obtained.
Maxine Cirillo states the Sullivans pay residential taxes and the Cirillos pay commercial taxes which
is double.
Member Marmo states the business certificate which had been provided to the board can be obtained
by anyone and is not for zoning approval.
Chairperson Prouty closes the public hearing, explains the twenty day appeal period and goes directly
into a public meeting. Chairperson Prouty reviews the findings,
Chairperson Prouty believes that Paula Sullivan is in violation. She states the temporary parking
ordinance was enacted and repealed prior to her parking cars. Since the deletion of the"Temporary
Parking"ordinance,no new ordinance has been enacted to deal with this subject. There is no
temporary parking ordinance mentioned anywhere in Chapter 180 and parking is not a permitted use.
Chairperson Prouty states the parking of cars on the subject property is not allowed. Member Maggi
and Member Marmo agree. Chairperson Prouty also states it has been shown that numerous signs
are being used on the subject property concerning the parking of cars. The board members
unanimously agree that Ms. Paula Sullivan is in violation of Article XIII, Section 180-79 of the Town
of Agawam's Zoning Ordinances, entitled signs.
Chairperson Prouty calls for a vote to agree that Paula Sullivan is in violation of parking cars and is
also violating the sign ordinance.
Prouty-Yes, Maggi-Yes, Marmo-yes, All in favor.
Attorney Moir asks that a copy of the decision also be mailed to him.
3. Motion to approve June 10„2013 minutes. All in favor
4. Motion to adjourn by Chairperson Prouty at 7:45 PM. All in favor
2
. 'BOARD OF APPEALS PUBLIC MEETING June 10,2013
f
The following members attended the public meeting:
Doreen Prouty—Chairperson
James Marino- Clerk
Gary Geiger-Alternate
Richard Maggi-Alternate
Chairperson Prouty opened the meeting at 6:30 PM.
L Case# 1911: Voltz CAD
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the pcedures
of the meeting and introducing the members of the board. Sitting on this case were Chairperson r.
Doreen Prouty, James Man-no and Gary Geiger. `o
Mr. Richard Voltz, 95 Edward Street would like to add a porch to the rear of his house. PO)Xh will be
on Sona tubes. Chairperson Prouty states that the pool will have to 10 ft. away from the fop&dation
per the building inspector. Chairperson Prouty states 35' is needed in front and the petitiqjj�has 23
This is non-conforming. All other side yards and set backs are met. Addition is 12x14, rfay be
12xl0 per the petitioner.
Chairperson Prouty opens this hearing to the public. No one speaks for or against. Chairperson
Prouty closes the public hearing and goes directly into a public meeting after explaining the 20 day
appeal period. Chairperson Prouty reviews the findings. She calls for a vote with the following
conditions:
i. The proposed addition will be constructed according to the plan submitted and
signed by the members of this board.
2. This special permit is for the proposed addition only.
3. The petitioner shall record with the Hampden County Registry of Deeds a "Notice of
Special Permit" form which shall be provided by this board and proof of said filling
must be submitted to this board and to the Inspector of Buildings.
4. This special permit shall become null and void if construction does not commence
within two (2) years from the date of this decision.
Prouty-Yes, Geiger-Yes, Marino-yes, All in favor.
2. Case# 1904: Maxine Cirillo:
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the procedures
of the meeting and introducing the members of the board. Sitting on this case were Doreen Prouty,
James Marino and Richard Maggi. All those present have no problem with the legal notice.
Chairperson Prouty explains that this is a case the board has heard before which had been appealed in
Land Court. The case has been remanded back to the Zoning Board of Appeals.
Representing the petitioner is Attorney Gary Liquori. Attorney Liquori states that his client is Maxine
Cirillo lives at 986 Main Street and owns businesses at 1504 and 1744 Main Street. He is appealing
the Building Inspectors decision not to enforce violations of Paula Sullivan who has a residence at
1710 Main Street. They have requested the building inspector shut down illegal parking at 1710 Main
Street on 4/26/12 and 10/1/12. The building inspector did not enforce the illegal parking, although
did ask Ms. Sullivan to cease the use of signs.
SCANNED 7LL7
." Attorney Liquori states that Paula Sullivan is in violation of sign ordinance; Ch.180-79,parking
' violation; Ch. 180-31G and running a business out of a residence; Ch. 180-17. The building inspector
remanded the case to the Zoning Board of Appeals (ZBA) on 10/24/12 and the ZBA ruled in detail on
12/10/12,
Maxine Cirillo suggests that Paula Sullivan is running a business on residential property. Mrs. Cirillo
has run a business on 1744 Main Street for approximately 4 years. It is a seasonal business and she
has received site plan approval from the Planning Board including meeting all the requirements for
lighting,parking, hours of operation, etc.
She states that Ms. Sullivan charges significantly less for parking cars which affects abutting
businesses.
Attorney Brad Moir is representing Paula Sullivan and had filed an appeal on her behalf. Attorney
Liquori states that the Sullivan's property at 1710 Main Street is zoned Business B and Industrial A
although a single family residence is located on the property. He states they are running a business
out of the residence.
Member Maggi asks for supporting documentation. Attorney Liquori states that all records,pictures
and letters submitted on the previous appeal shall be reconsidered in this appeal. The submitted
photographs were taken by Maxine Cirillo and were taken over various dates and times in 2011 and
2012. The signs in the photographs remain on the property to date according to Maxine Cirillo.
Attorney Brad Moir states there is wide spread parking without permits around Six Flags. He
provides a copy of a letter entitled"Demand for Zoning Enforcement"which has been submitted to
the Inspector of Buildings on 5/21/13. He also provides a copy of a business certificate filed by Paula
Sullivan in the Agawam Clerks Office 4/13/13. Attorney Moir feels Cirillo is not complying and was
also never approved for parking cars for Six Flags. Attorney Moir goes on to provide a history of
transient parking zoning in Agawam.
He states that Maxine Cirillo has no right to park and does not have clean hands and therefore cannot
complain about Sullivan. Attorney Moir provides current photographs of Six Flags parking occurring
at Twisty's which is owned by Maxine Cirillo.
Attorney Brad Moir states the board has the authority to reject the appeal since Cirillo also doesn't
have the right to appeal since they also do not comply.
Attorney Moir states he is awaiting a decision from the building inspector regarding his demand.
Member Marino states the Planning Board approved 23 parking places for Cirillo's property at 1744
Main Street plus additional space for Six Flags Parking.
Paula Sullivan states she applied for a business certificate and states they pay taxes and insurance for
a business.
Chairperson Prouty states that the claim of unclean hands is not within the jurisdiction of the Zoning
Board although she will speak with the Solicitor.
Member Marmo states that if Ms. Sullivan has a business at her property on 1710 Main Street then
she should have a site plan approval including lighting, pea stone, dumpster, etc.
Attorney Brad Moir feels numerous people park without a permit and Paula Sullivan has not been
fairly treated because others are not being enforced.
Maxine Cirillo states she has no problems with businesses parking cars for Six Flags since they pay a
higher tax rate,have insurance and received site plan approval.
Chairperson Prouty opens the hearing to the public.
Tony Veillux, 72 Vasser Drive states that Paula Sullivan does not follow the rules.
Tom Sullivan, 22F Castle Hill Rd and owner of 1710 Main Street states they have received approval
2
.` from the state for access and signs. He also states they have 50-60 parking spaces and the spots are
not re-sold.
Paula Sullivan has a seizure at 7:25 PM and her son Tom Sullivan states it is a"stress induced
seizure". He also refuses an ambulance for Paula.
Tom Sullivan continues and states that before he bought the property he was advised no permits were
needed for parking.
Paula and Torn Sullivan left the hearing at 7:42 PM and their Attorney Brad Moir remained at the
hearing to represent them.
The board wishes to continue the hearing although they are advised that a decision must be made by
7/31/2013 per order of Land Court.
Lueen Jodoin, 1736 Main Street, states there is no parking ordinance in Agawam. People park for the
Big E and Six Flags. She feels there should be no complaint by the Cirillos.
Maxine Cirillo reiterates this case is about running a business out of a residential property.
Chairperson Prouty motions to continue the case to 6/24/13 after the conclusion of the 6:30 F.L.
Roberts hearing. All in favor.
3. Motion to approve March 25, 2013 minutes. All in favor
4. Motion to adjourn by Chairperson Prouty at 7:55 PM. All in favor
3
BOARD OF APPEALS PUBLIC MEETING March 25, 2013
The following members attended the public meeting:
Doreen Prouty—Chairperson
James Marmo- Clerk
Gary Geiger- Alternate
Richard Maggi-Alternate
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case# 1910: Plex Sports, LLC-
Chairperson Prouty re-opened this public hearing. Chairperson Prouty read into record a letter from
Jonathan E. Goddard from R. Levesque Associates, Inc. on behalf of Donald Cameron of Plex Sports
Park,LLC withdrawing the petition for a special permit without prejudice.
Chairperson Prouty closes this public hearing and goes directly into a public meeting.
Motion to allow the petitioner to withdraw application for special permit without prejudice.
Chairperson Prouty calls for a vote:
Prouty-yes,Marmo-yes, Geiger-yes
2. Motion to approve minutes of November 26, 2012, December 10, 2012 and February 25, 2013by
Chairperson Prouty. Second by Member Richard Maggi. All in favor.
3. Discussed Comprehensive Permit application form.
4. Motion to adjourn by Chairperson Prouty at 6:55 PM. All in favor.
a�
Z'la
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SCANNED 21 f 17 �_
{
BOARD OF APPEALS PUBLIC MEETING February 25,2013
The following members attended the public meeting:
Doreen Prouty—Chairperson
James Marmo- Clerk
Gary Suffriti-Vice-Chairperson
Gary Geiger-Alternate
Richard Maggi- Alternate
Chairperson Prouty opened the meeting at 6:30 PM. C`
1. Case# 1910: Plex Sports, LLC-
Chairperson Prouty opened this public hearing by reading the legal notice,explaining the pracedutes,
of the meeting and introducing the members of the board. Sitting on this case were ChairpMon
Doreen Prouty, James Marino and Gary Suffriti.
Mr. Rob Levesque, engineer, 40 School Street, Westfield, MA spoke for the petitioner(DWr_
Cameron). He explained that a special permit is being sought for the height(80)' of dome that will
seasonally cover two of the proposed soccer fields. These domes will be inflated from approximately
These domes will be inflated from approximately mid-October through April. Other sports, such as
lacrosse and field hockey could possibly utilize the sports complex. A waiver for fire sprinklers was
denied by the Agawam Fire Department. The petitioner went before the Sprinklers Appeals Board in
Boston and was granted a waiver. A copy will be given to this board.
Chairperson Prouty stated a copy of the deed was received but nothing to show that the land owner
approves of this plan. Mr. Levesque will provide a purchase and sales agreement. Member Prouty
stated the plan provided is only speculation, not a proper site plan. She feels the Board cannot vote
until a site plan is submitted. Mr. Levesque stated he will begin the process of site plan with the
planning board.
Member Suffriti asks about elevation of property and what might must be done for grading. Mr.
Levesque stated the high points of the property will be reduced by 15 feet to 20 feet. No soil will be
removed from the property. Member Prouty states if soil is removed, must come back to this board.
Chairperson Prouty opens this hearing to the public.
Mr. Edward Cecchi, 1342 Suffield St. would like to know if there is a topographical map. Mr.
Levesque states yes but not with him. Mr. Cecchi also states heavy rains cause problems on his
property.
Miss Barbara Cecchi of 102 North Westfield St. and owner of 1342 Suffield St. is concerned about
the roadway and drainage.
Mr. Joseph DeCaro 302 Meadow St., states he owns the duplex across the street from the site. He is
worried about water getting to his duplex. Mr. Levesque explains the proposed storm drainage plan.
Ms. Denise Neal, 25 Keeler Cir. is also concerned about drainage.
Mr. Charles Neal 25 Keeler Cir.,has concerns regarding traffic and parking for tournaments. He was
also concerned about noise.
Mr. John DeCaro, 1278 Suffield St. is concerned about noise and hours of operation.
Mr. Edward Cecchi is also concerned about people trespassing since the proposed Suffield Street
entrance/exit runs along his property line.
Chairperson Prouty reads memos from the planning board and police safety officer.
Member Marino feels we need to hear from police, fire and conservation committee. Chairperson
Prouty reads section 180— 13 about site plan needed for a business coming before this board. Member
Geiger is also concerned about traffic and parking.
Mr. Leveque req est this hearing be continued for a month.
SCANNEb �L 7
Chairperson Prouty lists items to be discussed at the next hearing:
• a more in-depth explanation of water drainage
• topographical map
• purchase and sales agreement
• waiver for sprinklers
• hours of operation
• noise
• traffic and parking
• fence on Mr. Cecchi's property
Members agreed to continue hearing to Monday, March 25 at 6:30 PM at same place.
2. Election of officers: Board members vote 5-0 in favor of continuing as is.
3. Chairperson Prouty handed out copies of proposed Comprehensive Permit forms and rules. Will
be discussed at next meeting.
4. Approval of Jan 14, 2013 minutes. Approved 5-0
5. Discussed situation about F.L. Roberts sign on Main Street and town planting trees in tree belt.
This may hide existing sign. Board agrees they must come for a Variance if wishes to lower sign
within set back.
6. Motion to adjourn by Chairperson Prouty at 7:50 PM.
2
• BOARD OF APPEALS PUBLIC MEETING January 14, 2013 _
The following members attended the public meeting:
Doreen Prouty—Chairperson
James Marmo- Clerk
Gary Suffriti-Vice-Chairperson
Gary Geiger- Alternate
Richard Maggi- Alternate
Chairperson Prouty opened the meeting at 6:30 PM. I _
1. Case# 1909: Soldier On-
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the procedures
of the meeting and introducing the members of the board. Sitting on this case were Chairperson
Doreen Prouty, Richard Maggi and Gary Geiger. 'rlb
Representing the petitioner is James Scalise, SK Design. Soldier On received a compreheive
permit in March 2012. They continued the process with Mass Historical who had questio and-
concerns. They felt the roof top addition was too visible from the front of the building and asked that
they shift it back. They were also asked to save the stage area in the gym because of histc=lal
significance and also save an area of open hallway due to ornate features. ^�
The suggestions by Mass Historical resulted in a loss of 7 units.
As a result of the suggestions, the kitchen will be moved to the middle and the dining room to th ;rear
addition. The first floor matches the height of the gymnasium. No other changes to the site plan will
be made. No change in parking.
Police are concerned with# of parking spaces still. Shuttle vans will be provided. Less than 25%of
the veterans have a license and there is not much staff on suite.
Member Maggi asks if transportation will ever end. Jim Scalise states they are budgeting for 2 vans
or 3 mini-vans.
Member Geiger asks if more parking is needed, where will it go. Jim Scalise states parking can be
added in the rear of the building.
Member Marmo asks how much kitchen staff. Jim Scalise states there is 1 chef and the veterans staff
the building.
Chairperson Prouty reads into record a letter of support from the Planning Board Chairperson, Travis
Ward dated 1/4/13. She also reads a memo from Safety Officer Sgt. Gallerini dated 1/9/13
Member Suffriti asks if the safety officer is aware that transportation will be provided for the tenants.
Chairperson Prouty opens the hearing to the public. Mary Ann Czerpak, 636 S. Westfield Street asks
if parking is expanded in the future will the buffer remain the same. Yes
Chad Joyle, 66 Fordham Ave asks if sidewalks will be added.
Chairperson Prouty confirms the site plan is dated 9/27/12.
No one else in attendance speaks for or against this petition. No other members have any other
questions for the petitioner. Chairperson Prouty explains the twenty day appeal period.
Chairperson Prouty closes this public hearing and goes directly into a public meeting.
Chairperson Prouty believes the Board can grant the revisions to the comprehensive permit. She feels
the petitioner has adequately addressed the parking concerns.
Chairperson Prouty reviews the findings, calls for a vote to approve the comprehensive permit and
States the conditions.
1
SCANNED I Z< < 1I
f
1. The addition will be built according to the plans submitted entitled " Soldier On Development&
Management Comp. Inc., Soldier on Veterans Village, II LLC, 702 S. Westfield St., Agawam,
Massachusetts, drawn by S&K Design Group, Inc., Site Plan,revised August 27, 2012, sheet L3"
and signed by the members of this board.
2. So long as the use of the existing structure is not in compliance with the Town of Agawam's
Zoning Ordinances, such use shall remain as housing for veterans within the low and moderate
income brackets.
3. The height of the addition is to be no higher than thirty feet.
4. There shall be 39 parking spaces on the property in question. The petitioner is to come back to this
board for review in one year from the date of the issuance of the Certificate of Occupancy by the
Inspector of Buildings to examine the parking situation and make changes if necessary.
5. Concerns mentioned by the Agawam Engineering Department in a January 3, 2013 letter must be
addressed.
6. There are to be no changes architecturally or historically significant to the exterior or interior of the
existing structure without approval from the Massachusetts Historical Commission and the
Agawam Historical Commission.
7. A minimum of fifteen (15') feet of undisturbed vegetation shall remain on the North, West and
Southerly property lines so as to act as a natural buffer zone to the neighboring properties.
8. The vegetation in the right-of-way approximately 1$0' south if the southerly driveway must be
cleared to allow for better sight distance
9. The existing structure must comply with the minimum guidelines of the 2010 federal ADA
standards.
10. This comprehensive permit will expire in two years from the date of this decision unless
DHCH funding has been awarded and construction has begun.
Prouty-yes, Maggi- yes, Geiger-yes
4. Motion to table minutes of November 26, 2012 and December 10, 2012 by Chairperson Prouty.
Second by Member Richard Maggi. All in favor,
5. Motion to adjourn at 7:30 PM by Chairperson Prouty. Second by Member Marino. All in favor.
2
w
BOARD OF APPEALS PUBLIC MEETING December 10, 2012
The following members attended the public meeting:
Doreen Prouty—Chairperson
James Marmo- Clerk `u
Gary Suffriti-Vice-Chairperson
Gary Geiger-Alternate
Richard Maggi-Alternate C�
Chairperson Prouty opened the meeting at 6:30 PM. n3 -
'-a
1. Case# 1908: Joseph Valenti.- '-
Chairperson Prouty opened this public hearing by reading the legal notice, explaining t cedures
of the meeting and introducing the members of the board. Sitting on this case were Chai on
Doreen Prouty, Clerk- James Marmo and Acting Vice-Chair Gary Geiger.
Petitioner, Joseph Valenti is seeking a special permit for an addition to his restaurant for Edicap
bathroom and kitchen space. There is currently 15' between existing buildings. Petitioner will not
move the dumpster.
Chairperson Prouty reads into record a letter from the Planning Board Chairperson, Travis Ward,
approving the site plan. Engineering comments will be addressed. She also reads a memo from
Safety Officer with no objections.
Chairperson Prouty opens the hearing to the public. Mr. Meissner, 396 Main Street has no objections.
No one else in attendance speaks for or against this petition. No other members have any other
questions for the petitioner. Chairperson Prouty explains the twenty day appeal period.
Chairperson Prouty closes this public hearing and goes directly into a public meeting.
Chairperson Prouty reviews the findings, calls for a vote to approve the special permit and states the
conditions.
1. The proposed addition shall be constructed according to the plans submitted entitled"Site
Plan and Front Elevation, Valenti's Pizza and Grinders' 1 Cooper St. Agawam MA"prepared
by Tri County Building Design, dated March 21, 2012 and signed by the members of this
board.
2. All recommendations cited by the Planning Board in its November 15, 2012 approval must be
adhered to.
3. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit" form, which shall be provided by this Board and proof of said filing must be
submitted to this board and to the Inspector of Buildings.
4. This special permit shall become null and void if construction does not commence within two
(2)years from the date this decision is stamped at the Town of Agawam Clerk's Office.
Prouty-yes, Marmo-yes, Geiger-yes
2. Case# 1905: Christopher Rooney:
Chairperson Prouty re-opened this public hearing. Sitting on this case were Chairperson Doreen
Prouty, Clerk- James Marmo and Vice Chair Gary Suffriti.
Chairperson Prouty reads into record a letter from Sgt. Gallerini, Safety Officer stating no objections.
Member Suffriti has visited the site and is also satisfied with the fence. Chairperson Prouty echoed
that having Sgt. Gallerini go out the site satisfied her concerns.
Chairperson Prouty opens the hearing to the public. No one in attendance speaks for or against this
petition. No other members have any other questions for the petitioner. Chairperson Prouty explains
the twenty day appeal period.
1 SCANNED
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Chairperson Prouty closes this public hearing and goes directly into a public meeting.
Chairperson Prouty reviews the findings, calls for a vote to approve the special permit and states the
conditions. Chairperson Prouty also states she wants the dimensions of the fence included on the
plan:
1. The fence in question shall be constructed as shown (in yellow) on the plot plan provided which
has been signed by the members of this board.
2. This special permit is for the fence only.
3. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special
Permit" form, which shall be provided by this Board and proof of said filing must be submitted to
this Board and to the Inspector of Buildings.
4. This special permit shalt become null and void if construction does not commence within two (2)
years from the date of this decision.
Prouty-yes, Marmo-yes, Suffriti-yes
3. Case# 1904: Grillo:
Chairperson Prouty re-opened this public hearing by reading the legal notice, explaining the
procedures of the meeting and introducing the members of the board. Sitting on this case were
Chairperson Doreen Prouty, Clerk- James Marmo and Alternate Richard Maggi.
Chairperson Prouty reads into record a letter from Judy Bussalari, 7 Parker Ave. Westfield,MA.
Stating that she has paid$3 to park her car at Paula Sullivan's property.
Mr. Cirillo asked the board what the letter the town attorney wrote stated. He didn't understand it.
Chairperson Prouty explained that the attorney only sent a letter concerning garages.
Mr. Cirillo states he went to the state.
No one else in attendance speaks for or against this petition. No other members have any other
questions for the petitioner. Chairperson Prouty explains the twenty day appeal period.
Chairperson Prouty closes this public hearing and goes directly into a public meeting. Member
Marmo states that Mrs. Sullivan is running a business out of a residential property.
Chairperson Prouty reviews the findings. There is no parking ordinance mentioned in Chapter 180,
especially Section 180-31 (Residence B), Section 180-48 (Business B) or Section 180-55 (Industrial
A). The board members unanimously agree the Agawam Zoning Ordinances, Chapter 180, is a book
of permitted uses. Parking for a fee is not specifically prohibited, neither is it allowed. Therefore, the
parking of cars on the property in question is not a permitted use.
It also has been shown that numerous signs are being used on the subject property concerning the
parking of cars. The board members unanimously agree that Ms. Paula Sullivan is in violation of
Article XIII, entitled signs. Chairperson Prouty calls for a vote that Ms. Paula Sullivan shall be
ordered to immediately cease and desist any and all activities in violation of Chapter 180,the
Agawam Zoning Ordinances. Ms. Sullivan's failure to comply with this decision shall subject her to
penalties as provided by and pursuant to Section 180-16, et. seq., of said Zoning Ordinance.
Prouty-yes,Marmo-yes, Maggi-yes
4. Motion to accept the removal performance guarantee for T-Mobile USA and MetroPCS (Case#
1902 & 1903). by Chairperson Prouty. Second by Member Richard Maggi. All in favor.
5. Motion to table minutes of November 26, 2012 by Chairperson Prouty. Second by Member
Richard Maggi. All in favor.
6. Motion to adjourn at 8:30 PM by Chairperson Prouty, Second by Member Marmo. All in favor.
2
T
L y
BOARD OF APPEALS PUBLIC MEETING November 26, 2012
The following members attended the public meeting:
Doreen Prouty—Chairperson
James Marmo- Clerk
Gary Suffriti-Vice-Chairperson
Gary Geiger-Alternate
Chairperson Prouty opened the meeting at 6:30 PM. _ �^
n
n�
1. Case# 1907: Mass Veterinary Cardiology Services, Inc.-
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the prc,educes
of the meeting and introducing the members of the board. Sitting on this case were Chairpe%on
Doreen Prouty, Clerk- James Marmo and Vice Chair Gary Sufifriti.
Property is located on corner of Suffield Street and Cooper Street. Petitioner is seeking a s'pecial
permit to operate an animal hospital. Chairperson Prouty reads into record a letter from the Planning
Board Chairperson, Travis Ward, approving site plan approval. She also reads a memo Safely
Officer with no objections.
A question is raised about the dumpster. Members are advised the building inspector llas approved.
Chairperson Prouty opens the hearing to the public. No one in attendance speaks for or against this
petition. No other members have any other questions for the petitioner. Chairperson Prouty explains
the twenty day appeal period.
Chairperson Prouty closes this public hearing and goes directly into a public meeting.
Chairperson Prouty reviews the findings, calls for a vote to approve the special permit and states the
conditions.
1. The outside of the structures shall remain as shown in the plot plan provided which has been
signed by the members of this board.
2. All modifications, as cited by the Agawam Planning Board, dated November 16, 2012 must be
adhered to.
3. No animals are to be kept outdoors at any time.
4. No healthy animals shall be kept for the purpose of boarding.
5. The handicapped parking space must be compliance with the Town of Agawam's Handicapped
Parking Ordinance.
6. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special
Permit" form, which shall be provided by this Board and proof of said filing must be submitted to
this Board and to the Inspector of Buildings.
7. This special permit shall become null and void if construction does not commence within two (2)
years from the date of this decision.
Prouty-yes,Marmo-yes, SufTriti-yes
2. Case# 1905: Christopher Rooney:
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the procedures
of the meeting and introducing the members of the board. Sitting on this case were Chairperson
Doreen Prouty, Clerk- James Marmo and Vice Chair Gary Suffriti
Chairperson Prouty explained that another public hearing needed to be held because all of the abutters
had not received notification of the previous hearing. She also explains that she is looking for input
I
SCANNED LPUL
from the safety officer.
Chairperson Prouty opens the hearing to the public.
April Oyler, 188 Abbey Lane spoke against the petitioner.
Jeff Dubiel, 10 Abbey Lane spoke against the petitioner.
Roger Gonet, 40 Abbey Lane spoke against the petitioner.
Chairperson Prouty wants to hear from the safety officer, therefore she makes a motion to continue
the hearing to December 10,2012. All in favor.
3. Case# 1906: Six Flags New England,Inc.:
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the procedures
of the meeting and introducing the members of the board. Sitting on this case were Chairperson
Doreen Prouty, Clerk- James Marmo and Vice Chair Gary Suffriti
Representing the petitioner is John Furman, VHB, Inc. Springfield, MA. Mr. Furman introduced all
parties in attendance as follows: John Winkler; Six Flags New England President, Chuck Davis;
SFNE Maintenance Director. John Furman describes the proposed water ride will be less than 250 ft
from the road. Structure will be 76 ft high.
Chairperson Prouty reads into record a letter from the Planning Board Chairperson, Travis Ward,
approving the site plan. She also reads a memo from Safety Officer with no objections.
Chairperson Prouty opens the hearing to the public.
Denise Dershion, 1708 Main Street spoke.
Edward Czelazewicz,47 Avery Rd. Somers,CT questions the sound. Petitioner states they will plant
trees. No one else in attendance speaks for or against this petition. No other members have any other
questions for the petitioner. Chairperson Prouty explains the twenty day appeal period.
Chairperson Prouty closes this public hearing and goes directly into a public meeting.
Chairperson Prouty reviews the findings, calls for a vote to approve the special permit and states the
conditions.
8. The proposed amusement ride will be constructed according to the plans submitted entitled
"Six Flags New England Water Park Addition, 1623 Main St., Agawam, MA, prepared by
VHB, Inc, with date issued on September 18, 2012.
4. This special permit is for relief from the height requirement only. This proposed ride shall be
no higher than seventy-eight (78') feet.
10. All other zoning ordinances are to be met.
H. All conditions set forth by the Agawam Planning Board must be met.
12. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit" form,which shall be provided by this Board and proof of said fling must be
submitted to this board and to the Inspector of Buildings.
13. This special permit shall become null and void if construction of this ride does not commence
within two(2)years from the date this decision is stamped at the Town of Agawam Clerk's
Office.
Prouty-yes, Marmo-yes, Suffriti-yes
3. Case# 1904: Cirillo:
Chairperson Prouty re-opened this public hearing by reading the legal notice, explaining the
procedures of the meeting and introducing the members of the board. Sitting on this case were
Chairperson Doreen Prouty, Clerk-James Marmo and Alternate Richard Maggi.
Chairperson Prouty reads into record a letter from Inspector of Buildings Dominic Urbinati.
Tony Veilleux, 1664 Main Street spoke in favor of petitioner. Denise Dershon, 1708 Main Street
states that Paula Sullivan does park cars for money.
Member Maggi asks the petitioner to provide proof to the board that the petitioner does accept money
for parking cars.
2
Chairperson Prouty makes a motion to continue the hearing to Monday December 10, 2012 at the
conclusion of the 6:30 Meeting.
4. Motion to accept minutes of October 9, 2012 by Chairperson Prouty. Second by Member Richard
Maggi. All in favor.
5. Motion to accept minutes of October 22, 2012 by Chairperson Prouty. Second by Member
Richard . Maggi. All in favor.
6. Motion to accept minutes of October 25,2012 by Chairperson Prouty. Second by Member
Richard Maggi. All in favor.
7. Motion to accept minutes of November 13, 2012 by Chairperson Prouty. Second by Member
Richard Maggi. All in favor.
8. Motion to adjourn at 8:30 PM by Chairperson Prouty. Second by Member Marmo. All in favor.
3
BOARD OF APPEALS PUBLIC MEETING November 13, 2012
The following members attended the public meeting:
Doreen Prouty—Chairperson
James Marmo-Alternate
Chairperson Prouty opened the meeting at 6:45 PM.
1. Case# 1906: Six Flags New England, Inc.:
Chairperson Prouty opened this public hearing by reading the legal notice. She states that there is
no quorum. Chairperson Prouty continued the hearing to Monday 11/26/12 after the 6:45 PM
hearing concludes at the Agawam Public Library community room.
2. Case# 1904: Cirillo:
Chairperson Prouty opened this public hearing by reading the legal notice. She states that there is
no quorum. Chairperson Prouty continued the hearing to Monday 11/26/I2 after the 6:45 PM
hearing concludes at the Agawam Public Library community room.
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BOARD OF APPEALS PUBLIC MEETING October 25, 2012
The following members attended the public meeting:
Doreen Prouty—Chairperson
Gary Suffriti-Vice Chairperson
Gary Geiger- Alternate
Chairperson Prouty opened the meeting at 8:30 AM.
r
I. Case# 1905: Christopher Rooney:
Chairperson Prouty re-opened this public hearing by reading the legal notice, explaininae
procedures of the meeting and introducing the members of the board. Sitting on this cago were
Chairperson Doreen Prouty, Vice-Chairperson Gary Suffriti and Acting Clerk Gary Geiger, Mr.
Rooney is seeking a special permit for a fence on a corner lot. He would like the fenAr privacy
and safety for his children. The surveyor suggested 10' off the street. The fence is a ' high vinyl
stockade. Easements on property that run through the neighborhood perimeter are for drainage,
gas and power lines.
Chairperson Prouty notes that the plan states Springfield, MA in error. No other questions by the
board.No correspondence. No one in attendance. Chairperson Prouty states she received a call
from April Oyler, 188 Lancaster St. who is an abutter and stated she is against the fence because
she feels it will affect sight lines. The petitioner states the rear yard is open to the neighborhood.
Chairperson Prouty closes the public hearing and goes directly into a public meeting. She
explains the twenty day appeal period and calls for a vote to approve the special permit with the
following conditions:
1. The fence in question shall be constructed as shown(in yellow) on the plot plan provided and
which has been signed by the members of this board.
2. This special permit is for the fence only.
3. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special
Permit"form, which shall be provided by this Board and proof of said filing must be
submitted to this Board and to the Inspector of Buildings.
4. This special permit shall become null and void if construction does not commence within two
(2)years from the date of this decision.
Prouty-Yes
Geiger-Yes
Suffriti-Yes
2. Case# 1902: T-Mobile USA,Inc.:
Chairperson Prouty re-opened this public hearing, Sitting on this case were Chairperson Doreen
Prouty, Vice-Chairperson Gary Suffriti and Acting Clerk Gary Geiger.
The question of ownership has been resolved. Dave Maxson's review shows no inconsistencies
with the Zoning Ordinance. There is no one in attendance. Chairperson Prouty closes the public
hearing, goes directly into a public meeting and calls for a vote to approve the special permit with
the following conditions.
1. The proposed personal wireless facility shall be constructed according to the plans submitted
entitled T-Mobile, 4SH-0276-B, WMECO Mill Street, drawn by James M Fitzgerald, professional
engineer,revised and dated 9/19/12, sheet number T-I.
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2. The petitioner shall post a"Removal Performance Guaranty" in the form of a cash bond. Such
bond shall be agreed upon between the petitioner and this board before the issuance of the
building permit. The costs necessary to obtain estimates for the removal/demolition shall be borne
by the petitioner.
3. The petitioner shall provide a certificate of insurance to this board and to the Inspector of
Buildings before the issuance of a building permit. This certificate of insurance shall be submitted
to the Planning Board on an annual basis showing proof of insurance against damages to person or
property.
4. This personal wireless facility shall be removed if said facility ceases to operate for a period of
one (1)year.
5. The petitioner shall immediately notify the Town if its license/permit from the Federal
Communications Commission is revoked.
b. There will be no lighting of the wireless facility unless required by the Federal Aviation
Administration.
7. The color of the proposed antennas and poles shall be the same as the power stanchion on
which they are located.
8. The petitioner shall file with the Registry of Deeds a"Notice of Special Permit"form, which
shall be provided by this Board and proof of said filing must be submitted to this Board and to the
Inspector of Buildings.
9. This Special Permit shall become null and void if construction does not commence within two
(2)years from the date of this decision.
Prouty-Yes
Geiger- Yes
Suffriti- Yes
2. Case# 1903: MetroPCS Massachusetts, LLC:
Chairperson Prouty re-opened this public hearing. Sitting on this case were Chairperson Doreen
Prouty, Vice-Chairperson Gary Suffriti and Acting Clerk Gary Geiger.
The question of ownership has been resolved. Dave Maxson's review shows no inconsistencies
with the Zoning Ordinance. There is no one in attendance. Chairperson Prouty closes the public
hearing, goes directly into a public meeting and calls for a vote to approve the special permit with
the following conditions.
1 The proposed personal wireless facility shall be constructed according to the plans submitted
entitled MetroPCS, SPM0098F, WMECO Mill Street, drawn by James M Fitzgerald,
professional engineer, revised and dated 10/18/12, sheet number T-1.
2 The petitioner shall post a"Removal Performance Guaranty" in the form of a cash bond. Such
bond shall be agreed upon between the petitioner and this board before the issuance of the
building permit. The costs necessary to obtain estimates for the removal/demolition shall be
borne by the petitioner.
3 The petitioner shall provide a certificate of insurance to this board and to the Inspector of
Buildings before the issuance of a building permit. This certificate of insurance shall be
submitted to the Planning Board on an annual basis showing proof of insurance against
damages to person or property.
4 This personal wireless facility shall be removed if said facility ceases to operate for a period of
one (1) year.
5 The petitioner shall immediately notify the Town if its license/permit from the Federal
Communications Commission is revoked.
2
6 There will be no lighting of the wireless facility unless required by the Federal Aviation
Administration,
7 The color of the proposed antennas and poles shall be the same as the power stanchion on
which they are located.
8 The petitioner shall file with the Registry of Deeds a"Notice of Special Permit"form, which
shall be provided by this Board and proof of said filing must be submitted to this Board and to
the Inspector of Buildings.
9 This Special Permit shall become null and void if construction does not continence within two
(2)years from the date of this decision.
Prouty- Yes
Geiger- Yes
Suffriti- Yes
5 Motion to approve minutes of 8/13/12 by Member Suffriti. Second by Member Geiger. Ch.
Prouty abstains. Motion to table minutes of 10/9/12 by Member Suffriti. Second by Member
Geiger. All in favor.
6 Motion adjourn at 9:15 AM by Member Geiger. Second by Member Suffriti. All in favor.
3
BOARD OF APPEALS PUBLIC MEETING October 22, 2012
The following members attended the public meeting:
Doreen Prouty—Chairperson
Gary Geiger-Alternate
Chairperson Prouty opened the meeting at 6:45 PM. M
1. Case# 1905: Rooney:
Chairperson Prouty opened this public hearing by reading the legal notice. She states that there is
no quorum. She does notify the petitioner that there are easements on the property. She
suggested he contact the engineering department. Chairperson Prouty continued the hearireto
Thursday 10/25/12 at 8:30 AM at the DPW conference room.
2. Case# 1902: T-Mobile USA, Inc.:
Chairperson Prouty re-opened this public hearing 6:55 PM. Due to lack of quorum Chairperson
Prouty continued the hearing to Thursday 10/25/12 at the conclusion of the 8:30 AM truing in.
the DPW conference room. rU
3. Case# 1903: MetroPCS Massachusetts, LLC:
Chairperson Prouty re-opened this public hearing 6:55 PM. Due to lack of uorutChai erson
p g q TP
Prouty continued the hearing to Thursday 10/25/12 at the conclusion of the 8:30 AM meeting in
the DPW conference room.
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BOARD OF APPEALS PUBLIC MEETING October 9, 2012
The following members attended the public meeting:
Doreen Prouty—Chairperson
James Marmo-Clerk
Gary Geiger- Alternate g -
Richard Maggi-Alternate
_ t
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case# 1902: T-Mobile USA, Inc.: ti
Chairperson Prouty opened this public hearing by reading the legal notice, explaini g tie
procedures of the meeting and introducing the members of the board. Sitting on this e were
Chairperson Doreen Prouty, Acting Vice-Chairperson Gary Geiger and Clerk James armo.
Representing the owner of the property(WMECO) and the petitioner is Attorney Donald Cooper.
Attorney Cooper introduces Kate Rugman-MetroPCS, Gerry Squires,Metro-PCS and France
Pierre- MetroPCS.
Attorney Cooper provides an overview of the proposed located at 695 Cooper Street. There is an
existing utility pole with an active T-Mobile facility on a former transmission pole. The lines
have been removed. There are two new utility towers on the property.
The Greater Springfield Reliability project by WMECO removed existing 115 volts transmission
lines and replaced with 345 volt lines. WMECO owns the transmission corridor. It became
mandatory that T-Mobile move to a new structure. The former structure will be removed if this
permit is approved. The access path has been changed at the suggestion of the planning board and
new plans have been provided to this board. .
The stanchion will be 20' for a total tower height of 167'. A landscaping plan is explained in
detail. WMECO has also been ordered to offer visual screening to abutters by the Dept. of
Utilities. T-Mobile will provide fencing and arborvitaes.
Attorney Cooper states that the need for the tower is there because T-Mobile must replace what
will be removed or there will be a gap in the service as supported in the report by
telecommunications consultant Dave Maxson.
Member Marino asks where MA state approval is.
Attorney Cooper states that the Board of Health approval is not necessary and WMECO received
a zoning exception from the Town of Agawam so no zoning approval is needed. Member Marino
asks how far away from the Bonavita property. 198'
Member Marino asks why cell tower at St. Anne's Country Club is not used. Attorney Cooper
refers him to the coverage map. This tower is needed or there will be a gap in coverage.
Chairperson Prouty opens the hearing to the public.
Joe Curran, Curran Jones Funeral Home is a direct abutter. He states he has an easement with
WMECO for the transmission lines. He is opposed to the project because the easement is for
150'.
Attorney Cooper states the new tower is on WMECO property. The old tower is on Curran Jones
property but will be removed. The new tower is 5' from Curran Jones property.
Attorney Cooper states that the deeds were included.
Mr. Curran received an abutter notice but still feels he owns the property. Attorney Cooper
concedes that he does own the property but the new poles are not on Mr. Curran's property.
Chairperson Prouty states that the deed does not provide dimensions. There are registered
engineering plans that certify WMECO owns the property. Chairperson Prouty asks Mr. Curran
to prove he does own the property.
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Chairperson Prouty reads into record a letter from the Planning Board Chairperson, Travis Ward,
granting site plan approval. She also reads a memo from Safety Officer with no objections.
Chairperson Prouty also refers to a letter from Dave Maxson, a telecommunications expert who
supports the need for the tower.
Chairperson Prouty makes a motion to continue the hearing to October 22, 2012 at the conclusion
of the 6:30 PM meeting.
2. Case# 1903: MetroPCS Massachusetts, LLC:
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the
procedures of the meeting and introducing the members of the board. Sitting on this case were
Chairperson Doreen Prouty, Acting Vice-Chairperson Gary Geiger and Clerk James Marmo.
Representing the petitioner is Gerry Squires, Metro-PCS consultant.
Mr. Squires states that MetroPCS will be locating 10' below T-Mobile at 154'. This is a new
location for MetroPCS.
Kate Rugman states that once the facility is up and running it will be unmanned. There will be
nothing different to what T-Mobile had before. Mr. Squires states the site has been surveyed and
it has proven that the new structure is 5' from the abutter.
Chairperson Prouty reads into record a letter from the Planning Board Chairperson, Travis Ward,
granting site plan approval. She also reads a memo from Safety Officer with no objections.
Chairperson Prouty also refers to a letter from Dave Maxson, a telecommunications expert who
supports the need for the tower.
Chairperson Prouty makes a motion to continue the hearing to October 22, 2012 at the conclusion
of the 6:30 PM meeting.
3. Case# 1904: Maxine Cirillo:
Chairperson Prouty opened this public hearing by reading the legal notice, explaining the
procedures of the meeting and introducing the members of the board. Sitting on this case were
Doreen Prouty, James Marino and Richard Maggi.
Representing the petitioner is Attorney Gary Liquori. Attorney Liquori states that his client is
Maxine Cirillo lives at 986 Main Street and owns businesses at 1504 and 1744 Main Street. He is
appealing the Building Inspectors decision not to enforce violations of Paula Sullivan who has a
residence at 1710 Main Street. He states she is in violation of sign ordinance; Ch.180-79,parking
violation; Ch. 18 0-3 1 G and running a business out of a residence; Ch. 180-17.
Chairperson Prouty states the sign issue has been resolved. Attorney Liquori concedes they have
been removed. Chairperson Prouty does not see a request for action to the Building Inspector.
Member Maggi states he does not believe Ch. 180-31 G applies since the word"kept"can be open
to interpretation. It appears that it refers to permanent cars. It does not refer to transient parking.
There is no separate ordinance that prohibits transient parking.
Member Maggi feels language in See. 180-31 G does not address parking for a temporary period
of time. Attorney Liquori states it refers to business. She is operating a business and does not
have a business certificate. Section 180-17 prohibits running business for financial gain. All
other businesses have received site plan approval.
Member Maggi and Chair Prouty feel the zoning officer should enforce. There is no written
decision from the building inspector. There is nothing for the board to act on.
Member Maggi states that according to Section 8 of Ch. 40A, someone is aggrieved for the
inability to obtain enforcement.
Member Maggi suggest a written letter from the applicant to the building inspector requesting
enforcement will support his case.
Anthony Cirillo states that the building inspector has been instructed by the Mayor not to act.
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This has been going on for two years. Paula Sullivan has been running a full time business.
Chairperson Prouty asks Mr. Cirillo why Paula Sullivan has been singled out. Maxine states that
she does not pay business taxes,has no insurance, lighting and does not pay for trash removal.
Member Marmo states business in a residence is prohibited.
Member Marmo also suggests that the inspector must enforce the decision of the board and fine
her. Attorney Liquori will ask the Inspector of Buildings to enforce the three provisions.
Chairperson Prouty motions to continue hearing to November 13, 2012 at the conclusion of the
6:30 PM hearing. All in favor.
4. Correspondence:
-Covanta Energy has sent a letter to the board advising in some changes at the site for a
previously granted special permit. Board unanimously agrees that they will not have to return to
the Board for the reduction in the number of machines used.
-Soldier On has submitted a letter notifying the Board of changes to the plan for the previously
granted Comprehensive Permit. The Board unanimously agrees that they must return to the Board
to amend the Comprehensive Permit due to major changes.
5 Motion to adjourn at 8:20 AM by Member Geiger. Second by Member Marmo. All in favor.
3
BOARD OF APPEALS PUBLIC MEETING August 13, 2012
The following members attended the public meeting:
Gary Suffriti—Chairperson
Gary Geiger- Vice Chair o
Richard Maggi-Clerk
Chairperson Prouty opened the meeting at 6:30 PM. ,
1. Case# 1898: Paula Sullivan:
Chairperson Suffriti opened this public hearing by reading the legal notice and introduciatg the
members of the board. Sitting on this case were Gary Suffriti, Gary Geiger and Riol,ard.Maggi
The petitioner, Paula Sullivan, is not present.
Chairperson Suffriti reads a letter into record from the petitioner stating that she w uld like to
withdraw her application. Chairperson Suffriti makes a motion to accept the petitioner's
withdrawal without prejudice. Second by Member Geiger. All in favor.
2. Case# 1899: Sheri Lane Estates Condominium Assoc.:
Chairperson Suffriti opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Gary Suffriti, Gary Geiger and James Marmo.
Representing the petitioner is Jack Carlson, Sheri Lane Property Manager.
He states that the building inspector told him to apply for a variance.
Member Maggi read the applicable by law and variance regulations which do not allow such
fence. Member Suffriti advised the petitioner they can put up a 12' fence if done beyond the 1 S'
setback.
Chair Suffriti opened the hearing to the public.
Gloria DeCocera, 38 Sheri Lane and Paul Sadowski, 33 Sheri Lane both spoke about the
detrimental environment, noise, diesel fuel smell, trash, loss of value of condo and noise from
abutting bar.
No one else spoke for or against the petition. Chairperson Suffriti closed the public hearing and
went directly into a public meeting. He explained the twenty day appeal period and called for a
vote of the members to deny the variance.
Member Maggi-Yes
Member Geiger- Yes
Chairperson Suffriti-Yes
3. Case# 1900: Kari Trauschke
Chairperson Suffriti opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Gary Suffriti, Gary Geiger and Richard Maggi.
Kari Trauschke, 37 Annable Street would like to add dormer and bathroom to second floor. There
will be no extension beyond existing roof line.
No questions by members. No one spoke for or against. Chair Suffriti explained the appeal
period, closed the public hearing and went directly into a public meeting and called for a vote to
approve the special permit with the following conditions. .
1. The proposed addition will be constructed according to the plan submitted and signed by the
members of this board.
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2. This special permit is for the proposed addition only. All other zoning and building requirements
must be met.
3. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special
Permit" form which shall be provided by this board and proof of said filing must be submitted to
this board and to the Inspector of Buildings.
4. This special permit shall become null and void if construction does not commence within two (2)
years from the date of this decision.
Member Suffriti-Yes
Member Marmo- Yes
Chairperson Prouty-Yes
6. Motion to adjourn at 7:45 AM by Chairperson Suffriti. Second by Member Geiger. All in
favor.
2
BOARD OF APPEALS PUBLIC MEETING Jul 30,2012
The following members attended the public meeting:
Doreen Prouty--Chairperson
Gary Suffriti—Vice Chair
James Marmo-Clerk
Chairperson Prouty opened the meeting at 8:30 AM.
1. Case# 1897: Six Flags New England:
Chairperson Prouty re-opened this public hearing. Sitting on this case were Doreen Prouty, Gary
Suffriti and James Man-no. Chairperson Prouty provides a review of the prior meeting. A site
visit was done on 7/25/12 by Member Marmo,Member Suffriti, Chairperson Prouty, John
Furman, VHB, Inc. Springfield, MA and Chuck Davis; SFNE Maintenance Director.
1
A height graphic was provided to the board members, Member Suffriti was pleased with the tv
location. He also viewed the you-tubc video and states the ride is virtually silent. There is
currently a buffer between the ride and Mark Drive. Member Marmo states that he waUssured'
by Chuck Davis that if the power went out the swings can be brought down manually. *ember.:
Marmo also states the he was satisfied with the site visit. 4
Chairperson Prouty read into record a memo from the Fire Department dated 7/26/12.
Chairperson Prouty also read into record a letter dated 7/25/12 from Mary Roncali-LanL8ne ;
Mark Drive. -v
Member Marmo expressed concern on behalf of Norm Pelley who owns property on NVSk Drive
and did not receive an abutter notice. Jennifer Bonfiglio explained that he did not receW a notice
because he does not live within 300 feet. N
Member Suffriti addresses the letter from Mary Roncali-Langone. He does not anticipate this ride
will be a noise generator. It is a passive ride,not similar to a coaster.
Chairperson Prouty opens the hearing to the public.
Mary Roncali-Langone states that the letter speaks for itself She is pleased that the board has
visited the site. She also states that the previous sound study should be on file with the Town of
Agawam. John Furman states that the notice of change has been provided to the Planning office.
Jennifer Bonfiglio will look for a copy.
John Winkler, SFNE President states that this ride's noise level will not come anywhere near the
maximum allowed which is why another noise level study has not been done.
John Furman provides six revised site plans to the board.
No one else speaks for or against this petition.
Chairperson Prouty reviews the twenty day appeal period, closes the public hearing and goes
directly into a public meeting. Chairperson Prouty reviews the findings and calls for a vote to
grant the Special Permit with the following conditions.
i. The proposed amusement ride will be constructed according to the plans submitted entitled
"Six Flags New England- Star Flyer, 1623 Main St., Agawam, MA, drawing number C-4,
prepared by VHB, Inc, revised July 30, 2012 and signed by the members of this board.
2. This special permit is for relief from the height requirement only. This proposed ride shall be
no higher than four hundred(410')ten feet.
3. All other zoning ordinances are to be met.
4. All conditions set forth by the Agawam Planning Board must be met.
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5. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit"form, which shall be provided by this Board and proof of said filing must be
submitted to this board and to the Inspector of Buildings.
6. This special permit shall become null and void if construction of this ride does not commence
within two (2)years from the date this decision is stamped at the Town of Agawam Clerk's
Office.
Chairperson Prouty states that the board will sign the plan which shows the exact location of the
ride and states that the height is not to exceed 410'.
All conditions are agreed upon.
Member Suffriti-Yes
Member Marmo- Yes
Chairperson Prouty-Yes
6. Motion to adjourn at 9:15 AM by Chairperson Prouty. Second by Member Marmo. All in
favor.
2
BOARD OF APPEALS PUBLIC MEETING July 23, 2012
The following members attended the public meeting:
Doreen Prouty—Chairperson
Gary Suffriti—Vice Chair
James Marmo-Clerk
Gary Geiger- AIternate
Rich Maggi -Alternate
Chairperson Prouty opened the meeting at 6:30 PM. �. 0
1. Case# 1896: Arthur Bogue (•�
Chairperson Prouty opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Doreen Prouty, Gary Geiger and James Marino.`"
Chairperson Prouty explained the procedures of the meeting.
C=
/\7
Representing the petitioner is his son Ken Bogue who states that he would like to add R bedroom
full bath dormer upstairs. The side yard requirement is 15' and they have 14.5'.
He states they would also like to add a deck and a private entrance. No kitchen will be`Rdded.`;
Member Suffriti asked when was the deficiency is the side yard discovered. Petitioner Oted his
parents purchased the house new in the 1960's and a recent survey discovered that the i4e yard'
requirement was never met. N ;
Chairperson Prouty reads a letter into record from Sgt.Niles dated June 21, 2012.
Chairperson Prouty opens the hearing to the public.
Marcy Roncali-Langone, 62 Mark Drive speaks in favor.
Shirley Estridge, 64 Mark Dr. speaks in favor.
No other members have any other questions for the petitioner. No one else in attendance speaks
for or against this petition. Chairperson Prouty explains the twenty day appeal period.
Chairperson Prouty closes this public hearing and goes directly into a public meeting.
Chairperson Prouty reviews the findings, calls for a vote to approve the special permit and states
the conditions.
i. The proposed addition shall be constructed according to the plan submitted, drawn by Marc
Shute, Land Surveyor and signed by the members of this board.
2. This special permit is for the proposed addition only. All other zoning requirements are to be
met.
3. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit"form, which shall be provided by this Board and proof of said filing must be
submitted to this Board and to the Inspector of Buildings.
4. This Special Permit shall become null and void if construction does not commence within two
(2)years from the date of this decision.
Prouty-yes, Marmo-yes, Suffriti-yes
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2. Case# 1895: Jan Kelley
Chairperson Prouty opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Doreen Prouty, Gary Suffriti and James Marino.
Chairperson Prouty explained the procedures of the meeting.
Petitioner Jon Kelley states he would like to replace his fence with a new vinyl fence bringing it
closer to the sidewalk in the rear yard. The fence will be 2' from the sidewalk
Member Suffriti asks what is existing. Petitioner states a stockade fence is currently there.
Chairperson Prouty reads into record a letter from abutter Mrs. Pohner dated 7/9/12 and a letter
from Christine Wehr dated 7/9/12 both in favor.
Chairperson Prouty opens the hearing to the public. Diane Cormier, 60 Kellogg speaks in favor,
Boris Novak, 35 Cambridge St. speaks in favor.
No other members have any questions for the petitioner. No one else in attendance speaks for or
against this petition. Chairperson Prouty explains the twenty day appeal period.
Chairperson Prouty closes this public hearing and goes directly into a public meeting.
Chairperson Prouty reviews the findings and calls for a vote of the members to grant a special
permit with the following conditions as agreed upon by the members of the board.
1. The fence in question shall be constructed as shown on the plan submitted which has been
signed by the members of this board.
2. This special permit is for the fence only.
3. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special
Permit" form, which shall be provided by this Board and proof of said filing must be submitted to
this Board and to the Inspector of Buildings.
Prouty-yes, Man-no- yes, Suffriti-yes
3. Case# 1897: Six Flags New England :
Chairperson Prouty opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Doreen Prouty, Gary Suffriti and James Marmo.
Chairperson Prouty explained the procedures of the meeting.
Representing the petitioner is John Furman, VHB, Inc. Springfield, MA. Mr. Furman introduced
all parties in attendance as follows: John Winkler; Six Flags New England President, Chuck
Davis; SFNE Maintenance Director, Mike Newsal; SFNE Engineering Director, and Jason
Freeman, SFNE Corporate Safety.
John Winkler describes the proposed project as vertically the worlds tallest swing set. They are
seeking a special permit due to the height.
John Furman provides two revised sheets of page C4 and C5 plans as a result of a planning board
meeting. Mr. Furman states that according to Section 180-49A they are allowed to construct a
ride up to 200' without a special permit. This ride exceeds that height. FAA notification/permit
is being sought also. Conservation Commission approval is not necessary.
The location of the ride in the park is shown to the board on a plan. The current location has a sky
coaster which will be removed. The new ride (Star Flyer) will be installed in its place. ADA
improvements will be made to access the ride/waiting area.
The base elevation is 106.5'. The operating height of the ride is 384'. There will also be a
decorative pole at the top which will add to the height of the ride, bringing it to approx. 400'.
2
Chairperson Prouty asks how far from the road the ride will be when not in operation. Mr.
Furman states that the ride is 250' from the road while not operating and 230' when operating.
Storm water runoff is explained. There will be a 20% increase in impervious surface due to the
walkway. Five pipes will be added and storm water will drain to a catch basin and storm drain.
This will not show an increase in run-off.
Chuck Davis states that the fire chief has done a site visit and is pleased with access. The board
explains they have not received any comments from the fire department yet.
Member Suffriti asked if there will be a beacon light. Mr. Furman believes the FAA will require
one and he will provide the details if so.
Member Marmo asked if this will be the tallest ride in the park. Mr. Furman states yes. Member
Marmo asks for information about the foundation. Mr. Furman states it will be 25' deep.
Chairperson Prouty reads into record a letter from the Planning Board dates 7l20l12 approving the
site plan.
Chairperson Prouty opens the hearing to the public.
Shirley Estridge, 64 Mark Drive is concerned about the noise of ride goers.
Mary Roncali-Langone, 62 Mark Drive supports the park although states she is concerned with
the noise. She lives in a new development approx. 800-1000 ft. from Main Street. She asks what
the height of the cyclone is. Chuck Davis states that it is approx. 110 ft. She questions why the
ride could not go into a further corner of the park so as not to disturb neighbors.
Mary Roncali-Langone also asks what the decibel requirement is.
John Furman states that when the concept plan was done for the park, a sound study was done and
was compared to the states MEPA standards. A case was brought before SFNE concerning a
water ride and the sound study was updated. It was determined that the park is at half of the
standard. Chuck Davis states that the ride will not make any noise and feels that it is probably one
of the quietest rides in the park. It is very passive.
Mary Roncali-Langone would like to know what decibel of sound the park is while in full
operation. Mark Furman states that the park meets all the standards when the sound study was
done while in full operation. Mary states that the rides are not loud,the noise level comes from
the patrons and she is concerned because the ride is located within the 250' buffer.
John Winkler states that when rides are added, some are also removed. It is important to continue
to add and invest to keep attendance high.
Mark Furman states that the ride does not significantly differ from what exists so the sound study
does not have to be updated.
John Winkler states that you tube videos are available.
Dick Langone, 62 Mark Drive asks if there will be any fencing or noise absorption added. No
Member Richard Maggi asks if any significant amount of noise will be added. No
The ride will operate between 10:00 AM-10:00 PM on weekends and 10:30 AM to 9:00 PM on
weekdays.
Mary Roncali-Langone asks how many people will be on the ride. Mark Furman states the ride
holds 24 people.
Jason Freeman states that the ride transcends people up and down slowly and smoothly. The ride
which is being removed was a thrill ride which propelled people.
Scott Moore,45 Sunnyslope Dr. is concerned with the construction noise, especially on weekends.
He is also concerned about the height.
Elma Mushrush, 77 Sunnyslope Dr. states that the noise of the patrons are worse than rides and
states that construction noise also occurs in the AM hours.
Chuck Davis states he would be willing to stop any work before 7:00 AM.
Dale Mushrush, 77 Sunnyslope Dr. states he has 3 coasters in the rear of his house and it is very
noisy.
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Mary Roncali-Langone asks for the address for MEPA address so she can get a copy of the sound
study. Mark Furman suggests Google.
Member Suf&iti asks how high a test balloon can fly. Mark Furman can provide a height graphic
which shows the height in comparison to other rides. He does not feel a balloon will work due to
wind and power lines.
Member Maggi asks about the size of the ride. The tower will be 8-10' wide and the ride has a
60' diameter.
Chairperson Prouty suggests a site visit Wednesday 7/25/2 at 9:00 AM.
Chuck Davis states that the manufacturer needs a commitment by the end of August.
Chairperson Prouty clarifies that a Memo from the fire department is needed, graphic plan and 6
completed sets of updated plans are needed for the next meeting.
Chairperson Prouty continues the public hearing to Monday July 30, 2012 at 8:30 AM in the DPW
Conference Room at 1000 Suffield Street. Chairperson Prouty closes the public hearing at 8:20
PM.
4. Motion to accept minutes of June 25, 2012 by Chairperson Prouty. Second by Member
Richard Maggi. All in favor.
5. Member Suifriti suggests that if a petitioner stays in the footprint no Special Permit should be
needed and suggests that the ZBA petition the City Council.
6. Motion to adjourn at 8:30 PM by Chairperson Prouty. Second by Member Marino. All in
favor.
4
BOARD OF APPEALS PUBLIC MEETING July 9, 2012
The following members attended the public meeting:
Doreen Prouty— Chairperson
James Marmo-Clerk
Gary Geiger-Alternate
Rich Maggi-Alternate
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case# 1889: Agarest L.L.0 d/b/a The Federal Restaurant and Bar—Case# 1889
Chairperson Prouty re-opened this public hearing.
Representing the petitioner is Attorney Simon Brighenti Jr. Attorney Brighenti explains the
potential increase in sound. He states that the deck will hold 25 people. He expects it will open
in mid May. He stated it is expected to close at 8:30 on weekdays and 9:30 on peak seating/ "(�CJ�
weekends.
Brooks Acoustics did an ambient background test which has been provided to the board. He
states there will be a very low sound impact. The dumpster issue has also been addressed
Dumpster pick up times will be around 9AM. Surveillance cameras will be installed in t1!
dumpster area. Street parking has also been addressed.
Ralph Santaniello, Restaurant owner, explains there was an issue with abutter George dos
which is being resolved as well.
Member Marmo explains that he cannot enclose the deck unless he comes back to the turd.
Member Maggi asks about music. Mr. Santaniello states there will be soft backgroundr*usic. -
Member Marmo asks about trees. Mr. Santaniello will add trees if necessary. C3
Chairperson Prouty reads a letter into record from abutter Shana Florian- 22 Fairview Street.
Attorney Brighenti addresses some points such as the landscaping and also states the fencing
around dumpster will be repaired and entrance will be moved to side for less sound to neighbors.
Chairperson Prouty opens the hearing to the public.
Donald Taddia, 32 Fairview Street, states he is concerned that smells from dumpster may travel to
deck. He also has concerns about valet parking and noise of employees at closing time.
Deb Wood, 31 Fairview Street, concerned about controlling the seating.
Mr. Santaniello states it will be reserved seating. He also states that customers have been
requesting outdoor dining.
Ms. Wood also asks if this will increase business. Mr. Santaniello explains that business is slow
in the summer.
Tracy Tarciede Grandpre'Abodeeer, 40 Federal Street states she appreciates the dumpster later
pick up time in the morning and also asks if there will be live entertainment. Mr. Santaniello
states no.
Mr. Santaniello states that valet packers have been instructed to not park cars on the street.
Attorney Brighenti explains they will go to the planning board for no parking signs.
Pamela Murphy, 132 Cooper Street speaking for her mother Marie Stebbens of 12 Federal St. Ext.
states she has no complaints and feels they are good neighbors. She also states she likes the
Federal. She feels the openness of the deck to her house will be detrimental.
Pam states she is a firefighter and states that when people park on both sides of the street
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- emergency vehicles can't get through. Attorney Brighenti states that the outdoor liquor licence
will be in jeopardy if there are any issues.
Debra Wood, 31 Fairview Street asks about the sound study and how far off the ground was the
study conducted. She is advised that it was around 5'.
Katie Hallich, 151 Cooper Street, asks if people can go on the deck after 11 PM. Mr. Santaniello
states that no and states that deck is for dinner seating only.
No other members have any other questions for the petitioner. No one else in attendance speaks
for or against this petition. Chairperson Prouty explains the twenty day appeal period.
Chairperson Prouty closes this public hearing and goes directly into a public meeting.
Chairperson Prouty reviews the findings, calls for a vote to approve the special permit and states
the conditions.
i. The proposed structure is to be constructed according to the plans submitted, entitled Agarest, LLC,
135 Cooper Street, Agawam, MA, dated April 13, 2012, drawn by Marc Shute, Professional Land
Surveyor with D.L. Bean, Inc. and signed by the members of this board.
2. The maximum number of patrons to be served in the outdoor area shall be thirty(30). Hours for
outdoor seating of patrons shall be from 5PM through 9:30PM. The outdoor deck shall be cleared
of all patrons by 11PM.
3. Trash pick-up for the outdoor dumpster is to be between the hours of 9AM through 5PM.
4. There are to be no deliveries before 9AM.
5. There shall be no live entertainment on the outdoor deck. A background music system that will
produce sound levels that are below average conversation levels may be installed.
6. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit"form, which shall be provided by this board and proof of said filing must be submitted to
this board and to the Inspector of Buildings.
7. This special permit shall become null and void if construction does not commence within two (2)
years from the date of this decision.
Prouty-yes, Marmo- yes, Geiger-yes
2. Case# 1894: Katalnikov
Chairperson Prouty opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Doreen Prouty, Gary Geiger and James Marmo.
Chairperson Prouty explained the procedures of the meeting.
Petitioner Yevgeniy Katalnikov states he would like to add a one story addition to the main floor.
There will be no new kitchen facilities. Home will now have 5 bedrooms.
No other members have any questions for the petitioner. No one in attendance speaks for or
against this petition. Chairperson Prouty explains the twenty day appeal period.
Chairperson Prouty closes this public hearing and goes directly into a public meeting.
Chairperson Prouty calls for a vote of the members to grant a special permit with the following
conditions as agreed upon by the members of the board.
1. The proposed addition shall be constructed according to the plan submitted and signed by the
members of this board.
2
2. This special permit is for the proposed addition only. All other zoning requirements are to be
met.
3. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit" form, which shall be provided by this Board and proof of said filing must be
submitted to this Board and to the Inspector of Buildings.
4. This Special Permit shall become null and void if construction does not commence within two
(2) years from the date of this decision.
Prouty-yes, Marmo-yes, Geiger-yes
3. Motion to adjourn by Member Marmo. Second by Member Geiger. All in favor.
3
f • 1
BOARD OF APPEALS PUBLIC MEETING June 25, 2012
The following members attended the public meeting:
Doreen Prouty—Chairperson
James Marmo-Clerk
Gary Geiger-Alternate
Rich Maggi- Alternate
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case#1890: Parker—21 Pomeroy Street
Chairperson Prouty opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Doreen Prouty, Gary Geiger and James Marmo.
Chairperson Prouty explained the procedures of the meeting.
William Parker, 21 Pomeroy Street states he is seeking to add on a garage with a bedroom suite.
They are currently outgrowing the house and need additional living space.
The existing front set back is 19.7' and the requirement is 35'. Petitioner is legally Ron-2
conforming. Side yards are 15.05' and 15.5'. Side yard requirement is 15' in a Residential
zone. The proposed addition has a 31' setback. The existing breezeway will be remove and of
new structure will be added consisting of a breezeway and a garage. The encroachment W11 b4l-T
be any greater. Member Geiger and Member Marmo state they are both satisfied.
Chairperson Prouty opens the hearing to the public.
Joey lago lino, 1172 River Rd. states that he supports the petitioner.
ca
Steve Dupleisses, 15 Pomeroy Street states he is in favor of the application.
Ron Gaudette, 29 Pomeroy Street states he supports the petitioner.
Roseanne Rising, 1162 River Rd. also supports the petitioner.
Petitioner states he is hoping to increase liveable space,
No other members have any other questions for the petitioner. No one in attendance speaks
against this petition. Chairperson Prouty explains the twenty day appeal period,
Chairperson Prouty closes this public hearing and goes directly into a public meeting.
Chairperson Prouty explains that the petitioner complies with the side yard requirements. He will
not create a greater encroachment and also meets all the zoning requirements. Chairperson Prouty
calls for a vote of the members to grant a special permit with the following conditions as agreed
upon by the members of the board.
Prouty-yes,Marmo- yes, Geiger-yes
t. The proposed addition will be constructed according to the plan submitted entitled
"William & Karin Parker, 21 Pomeroy St. Agawam, MA, dated May 2, 2012", drawn by Paul
Smith,Professional Land Surveyor and signed by the members of this board.
2. This special permit is for the proposed addition only. All other zoning and building
requirements must be met.
3. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of
Special Permit"form which shall be provided by this board and proof of said filing must be
submitted to this board and to the Inspector of Buildings.
4. This special permit shall become null and void if construction does not commence
within two(2)years from the date of this decision.
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2. Case# 1891: Parker—21 Pomeroy Street
Chairperson Prouty opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Doreen Prouty, Gary Geiger and James Marmo.
Chairperson Prouty explained the procedures of the meeting.
William Parker 21, Pomeroy Street states he is seeking a special permit for an addition to his
house which is in the flood plain. The 100 year elevation is 59' according to the plan provided.
The lowest floor is 65'.
Chairperson Prouty opens the hearing to the public. No members have any other questions for the
petitioner. No one in attendance speaks for or against this petition. Chairperson Prouty explains
the twenty day appeal period. Chairperson Prouty closes this public hearing and goes directly into
a public meeting. Chairperson Prouty calls for a vote of the members to grant a special permit
with the following conditions as agreed upon by the members of the board.
Prouty-yes, Marmo-yes, Geiger-yes
1. The proposed addition shall be constructed according the plan submitted entitled"William
&Karin Parker, 21 Pomeroy St, drawn by Paul Smith, dated May 2, 2012" and signed by the
members of this Board.
2. All zoning and building requirements are to be met.
3. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of
Special Permit" form,which shall be provided by this Board and proof of said filing must be
submitted to this Board and to the Inspector of Buildings.
4. This Special Permit shall become null and void if construction does not commence within
two (2)years from the date of this decision.
I Case# 1893: Gerald and Geraldine Norgaard—870 Main Street
Chairperson Prouty opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Doreen Prouty,Richard Maggi and James
Marmo. Chairperson Prouty explained the procedures of the meeting.
Representing the petitioner is John Martino, 7 Sylvan Lane, is the contractor who will build
addition. He states the rear setback is 14.1'. Twenty feet is needed. He will be adding a second
floor only on the existing house. He is not expanding the foot print. All zoning requirements are
met.
Chairperson Prouty opens the hearing to the public. No members have any other questions for the
petitioner. No one in attendance speaks for or against this petition. Chairperson Prouty explains
the twenty day appeal period. Chairperson Prouty closes this public hearing and goes directly into
a public meeting. Chairperson Prouty calls for a vote of the members to grant a special permit
with the following conditions as agreed upon by the members of the board.
Prouty-yes, Marmo-yes, Geiger-yes
1. The proposed addition will be constructed according to the plan submitted for Gerald
B. & Geraldine M.Norgaard, dated May 3, 2012, drawn by Marc Shute, Professional Land
Surveyor and signed by the members of this board.
2. This special permit is for the proposed addition only. All other zoning and building
requirements must be met.
2
3. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of
Special Permit"form which shall be provided by this board and proof of said filing must be
submitted to this board and to the Inspector of Buildings.
4, This special permit shall become null and void if construction does not commence
within two (2)years from the date of this decision.
4. Case#1892: Angela Copple 35 Central Street
Chairperson Prouty opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Doreen Prouty, Richard Maggi and James
Marmo. Chairperson Prouty explained the procedures of the meeting.
Angela Copple, 35 Central St. states she would like to add a dormer to the second floor in the rear
of the house only. Currently she has an unfinished attic and would like two additional bedrooms..
The foot print will not change.
Chairperson Prouty reads a letter of support from James Frogameni, 43 Central Street.
Chairperson Prouty reads a letter of support from William Malachowski, 38 Elbert Rd.
Chairperson Prouty opens the hearing to the public. No members have any other questions for the
petitioner. No one in attendance speaks for or against this petition. Chairperson Prouty explains
the twenty day appeal period. Chairperson Prouty closes this public hearing and goes directly into
a public meeting, Chairperson Prouty calls for a vote of the members to grant a special permit
with the following conditions as agreed upon by the members of the board.
1. The proposed addition will be constructed according to the plan submitted and signed by the
members of this board.
2. This special permit is for the proposed addition only.All other zoning and building
requirements must be met.
3. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special
Permit" form which shall be provided by this board and proof of said filing must be submitted to
this board and to the Inspector of Buildings.
4. This special permit shall become null and void if construction does not commence within two
(2)years from the date of this decision.
5. Case# 1889: Agarest L.L.0 d/b/a The Federal Restaurant and Bar--Case# 1889
Chairperson Prouty reads an email into record from Attorney Simon Brighenti requesting a
continuation for July 9, 2012.
6. Motion to approve minutes of 6/11112 by Chairperson Prouty. All in favor.
7. Motion to adjourn at 7:50 P.M. by Chairperson Prouty, seconded by Member Marmo. All were in
favor, none opposed.
3
" ~ BOARD OF APPEALS PUBLIC MEETING June 11, 2012
The following members attended the public meeting:
Doreen Prouty—Chairperson
James Marmo -Vice Chairperson
Gary Geiger—Acting Clerk
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case# 1889: Agarest LLC- d/b/a The Federal Restaurant and Bar— 135 Cooper Street
Chairperson Prouty opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Doreen Prouty, Gary Geiger and James Marino.
Chairperson Prouty explained the procedures of the meeting.
Representing the petitioner is Attorney Nicole Clark. Attorney Clark describes the proposed
outdoor dining area. There will be a pressure treated deck that will wrap around the exterior door
on the bar side. The deck will be on the Fairview side of the street. Trees and shrubs will be
planted around the deck.
w
Chairperson Prouty states that wrong deed was submitted to the board. Attorney Clark S11
provide an updated deed.
co
Chairperson Prouty read into record the memo from the Safety Officer, Sgt.Niles. -�
Chairperson Prouty reads into record a letter from abutter (Douglas). Chairperson Prou read the
site plan approval from the planning board with contingencies into record. T,
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Chairperson Prouty opens the hearing to the public.
Jerry Drewes, 22 Federal St. Ext. asks if there were any increase due to expanding seating. It has
been stated that the indoor seating would be closed in exchange for the same number outside.
George Andros- 31 Federal St. Ext, states that noise problems have been an ongoing issue. He
complains about the dumpsters. He states cars are parking on his lawn. He has been awoken at
early morning hours due to noise and the lights from the parking lot shine on his house.
Katie Hallock-151 Cooper Street states she lives across the street from the Federal parking lot.
She is worried about the egress on the deck. She wanted to know the size of the deck. She states
that there is loud noise at night and people are parking on her lawn as well. She is worried about
the noise and also states the noise is loud from the dumpster slamming at night.
Shana Florian- 22 Fairview Street- abuts the property on two sides. She states that the noise is a
very large concern of hers. The dumpster is a problem and is very close to her property. She
states the Federal is not very responsive to her problems.
Corinne Eingard-194 Elm Street. States she is in support of the outdoor dining. She states that it
would be an asset to the town and people like to eat outside and if not approved the Federal could
lose business.
Rosemary Sandlin-90 Granger Dr. states she supports outdoor dining. She feels the Federal
should enforce the no parking on the streets and/or get the police involved.
Attorney Clark wants a continuance to discuss the noise concerns with the owners. Member
Marino asks if the noise will stop if the permit is not granted. He states that the board may
include stipulations in the decision to make it tolerable to abutters.
Chairperson Prouty makes a motion to continue hearing to June 25, 2012. All in favor.
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f 2. Case# 1879: Natalya Katalnikova— 114 High Street
Chairperson Prouty opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Doreen Prouty, Gary Geiger and James Marmo.
Chairperson Prouty explained the procedures of the meeting.
Speaking for the petitioner is Liya Bazukina. She translates a letter written by Natalya
Katalnikova. Chaiperson Prouty explains that they are here for a time line.
Liya states that the plumbing and electrical has been removed. Chairperson Prouty explains that
the third floor must go.
Liya explains that her father can't take down the third floor and provides a letter from a doctor
that states he is not in good this. Chairperson Prouty explains that the roof line is too high. Liya
explains that during the building they called three times to the building inspector with no
response.
Chairperson Prouty opens the hearing to the public.
David Benoit- 33 Church Street- states when they got their building permit it was framed. They
called the building inspector three times and he was a no show. He blames the town for not
getting involved earlier. He states that they didn't hear from the town for 5 years during
construction.
Chairperson Prouty explains that they will be fines if they do not conform.
Dela Barberi-37 Church Street- Feels it is a shame that we cannot help these people and states
they are not criminals.
Chairperson Prouty states that it is the law and it is up to the town council to change the laws.
Natalya states they did not mean to do it and wants to apologize.
Chairperson Prouty closes the public hearing and goes directly into a public meeting at 8:20 PM.
Chairperson Prouty reviews the findings which the remaining board members agree upon.
Chairperson Prouty calls for a vote of the members to amend the Special permit and recommends
giving the petitioner a six month time frame (from the date the decision is stamped in at the Town
Clerk's office) to comply with the original decision granting a special permit (Case# 1786).
All in favor: Prouty- yes, Geiger-yes, Marmo-yes
3. Motion to approve minutes of 4/2112 by Chairperson Prouty. 2nd by Member Geiger. All in
favor.
4. Motion to approve minutes of 4/23/12 by Chairperson Prouty. 2nd by Member Geiger. All in
favor.
5. Correspondence: Chairperson Prouty provides rules and regulations for a comprehensive permit
to the board for review.
6. Motion to adjourn at 8:35 P.M.by Chairperson Prouty, seconded by Member Marmo. All were in
favor,none opposed.
2
BOARD OF APPEALS PUBLIC_MEETING April 23, 2012
The following members attended the public meeting:
Doreen Prouty—Chairperson
Gary Suffriti- Vice Chairperson
James Marmo-Clerk
Gary Geiger- Alternate
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case# 1888: Susan and Kevin Mansi— 163 Florida Drive
Chairperson Prouty opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Doreen Prouty,Gary Suffriti and James Marino.
Chairperson Prouty explained the procedures of the meeting. ✓/
Representing the petitioner is Mark Shute, D.L. Bean, 40 School Street, Westfield, MA,-- Mr. QG
Shute advises the board that the petitioner is in the 100 year flood zone. The grading is 6.9'
The flood plain elevation is 57.9'. The lowest floor is 59.6'. �
Petitioner has been to the Conservation Commission and was granted an order of conditions ar6-
3/22/12 which has been provided to the board.
Petitioner will be removing the deck and putting on an addition. There will be no crawwace:
Flood vents will be installed. Mr. Shute advises that they must compensate for the thicJ Wss of
the wall equivalent to 48.3 cubic feet. co
w
Chairperson Prouty clarifies that the house is zoned RA2. The addition meets all zoning
requirements. There are no other questions for the petitioner.
Chairperson Prouty read into a record the memo from the Safety Officer, Sgt. Niles dated 3/12/12.
Chairperson Prouty reads into record an email received 4/23/12 at 3:23 PM from Ken Gotha, 157
Florida Drive requesting no work to be done early mornings due to noise. Chairperson Prouty
clarifies there is a noise ordinance in town. The petitioner, Susan Mansi states that she is unsure
when the contractor will be working.
Chairperson Prouty opens the hearing to the public.
No other members have any other questions for the petitioner. No one in attendance speaks for or
against this petition. Chairperson Prouty explains the twenty day appeal period.
Chairperson Prouty closes this public hearing and goes directly into a public meeting.
Chairperson Prouty suggests the petitioner ask the contractor to not work before 9AM on
weekends and 7AM on weekdays to satisfy the neighbor.
Chairperson Prouty calls for a vote of the members to grant a special permit with the following
conditions as agreed upon by the members if the board.
Prouty-yes, Marmo- yes, Suffriti-yes
1. The proposed addition shall be constructed according the plan entitled "Plan For Proposed
Addition for Kevin F. and Susan Mansi, 163 Florida Dr. Agawam, MA," drawn and stamped
by Marc Shute, Land Surveyor, of D.L.Bean Inc, 40 School St. Westfield, MA and dated
February 17, 2012.Paul Smith,
2. AlI zoning and building requirements are to be met.
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3. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit"form, which shall be provided by this Board and proof of said filing must be
submitted to this Board and to the Inspector of Buildings.
4. This Special Permit shall become null and void if construction does not commence within two
(2)years from the date of this decision.
2. Motion to approve minutes of 3/26/12 by Chairperson Prouty. All in favor.
3. Coorespondence: Memo from Law Department concerning Katalnikova on High Street. Since it
was not a clerical error. Chairperson Prouty will set up a new hearing to amend the decision. All
are in favor.
4. Motion to adjourn at 7:10 P.M. by Chairperson Prouty, seconded by Member Marmo. All were in
favor, none opposed.
2
BOARD OF APPEALS PUBLIC MEETING ALnl 2, 2012
The following members attended the public meeting:
Doreen Prouty—Chairperson
Gary Suffriti-Vice Chairperson
James Marmo-Clerk
Gary Geiger -Alternate
Chairperson Prouty opened the meeting at 9:05 AM. ^
1. Case# 1887. Nancy Morris,DVM- 1775 Main Street
Chairperson Prouty re-opened this public hearing. She indicates a site visit was completed on
3/26/12 by herself,member Suffriti and member Geiger.
Member Suffriti is satisfied but wants the grass area cut back on the corner of Woodcliff St.to _
assist motorists. He also recommends a traffic arrow directing motorists to Woodcliff a to e)�i't.
C-)
Chairperson Prouty explains the twenty day appeal period, closes the public hearing an!tgoes_
directly into a public meeting. CQ
Chairperson Prouty calls for a vote to grant the petitioner a Special Permit with condition.
Prouty-yes, Geiger-yes, Suffriti-yes. Conditions are read into record.
h]
2. Correspondences: Chairperson Prouty states that she has spoken with the Solicitor,Vmxe {_
� k
Gioscia regarding the letter from Member James Marino which addressed board asking for a letter
to Natalya Katalnikova giving them a time frame to remove their violation. Attorney Gioscia
suggested that the Board send a letter to the building inspector requesting a site visit be done and
to report back to the board to enforce. Member Marmo feels that the board made an error
because no date or deadline was given, so the board should act. Chairperson Pouty states that it is
not the board's authority to enforce and a public hearing will have to be re-opened. Board agrees
that they want an explanation as to where Attorney Gioscia's opinion is based on.
3. Motion to adjourn at 9:20A.M. by Chairperson Prouty, seconded by Member Suffriti. All were in
favor, none opposed.
1 SCANNED �r
BOARD OF APPEALS PUBLIC MEETING March 26,2012
The following members attended the public meeting:
Doreen Prouty—Chairperson
Gary Suffriti-Vice Chairperson
Gary Geiger-Alternate
Chairperson Prouty opened the meeting at 6:30 PM.
I. Approval of Minutes: Motion to go out of order by Chairperson Prouty to approve minutes.
Second by Member Suffriti. All in favor. Motion to approve minutes of March 12, 2012. Second
by Member Geiger. All in favor.
2. Correspondences: Letter from Member James Marmo addressed to the board asking the Board
to send a letter to Natalya Katalnikova giving them a time frame to remove their violation.
Chairperson Prouty will speak with the solicitor about sending a letter and report back to the J
Board.
3. Case## 1887: Nancy Morris,DVM- 1775 Main Street ,
Chairperson Prouty opened this public hearing by reading the legal notice and introducin&the
members of the board. Sitting on this case were Doreen Prouty, Gary Geiger and Gary SWriti:
Nancy Morris, DVM, 148 River Street, West Springfield owns Mass Veterinary Cardiology
Services and currently leases a space in West Springfield. She has signed a purchase andAles
agreement for property at 1775 Main Street in Agawam. The sale is contingent on the spele I
permit. Dr. Morris states she will operate her business 3 days a week opening at 8:00 AU and •
closing at 5:00 PM. There will be very low volume. She anticipates 8-10 cars daily. There will
no emergency visits, no surgeries, and no narcotics on site.
Chairperson Prouty asks Dr. Morris about the parking. Dr. Morris states that she was advised to
hire a paving company to lay out the parking and pave the lot per the town's requirements. She
believes she will only get 4 spaces plus one handicap space in front of the building. Employee
parking will be in the rear of the building.
Member Suffriti asks if there is room in the rear of the building for more parking and is also
concerned with traffic backing onto Main Street.
Chairperson Prouty read into record a letter from the Planning Board dated 3/19/12 and a memo
from Safety Officer; Sgt. Richard Niles dated 2/16/12.
Dr. Morris asks if this parking issue can be resolved.
Chairperson Prouty states she visited the site earlier today.
Chairperson Prouty opens the meeting to the public.
Patty Dombrowski, 12 Sunnyslope Street is concerned about the parking and questions if the lot is
full, the overflow could trickle to Woodcliff Ave. She is also concerned with Six Flags traffic
using the lot as a turn around. She states she would not want fencing street side.
Michael Dombrowski, 12 Sunnyslope St. states that the previous owner parked cars for Six Flags
and hopes petitioner does not plan to do so. He also suggests using the side of building for
parking.
No one else speaks for or against.
Member Suffriti asks the petitioner if she plans to park cars from Six Flags. She states the she
does not intend to do so but hopes no one else will do so in her absence since she will not be there
on weekends.
Chairperson Prouty explains the twenty day appeal period, closes the public hearing and goes
1
SCANNED?
a
directly into a public meeting.
Chairperson Prouty asks the board if they are ready to make a decision. Member Suffriti is
satisfied but still concerned about parking. He would like to see the four parking spaces in the
rear. The petitioner states that she would like some guidance so that she can work something out
with the seller. Chairperson Prouty also feels strongly about not having cars backing out onto
Main Street. Member Suffriti suggests approving the special permit contingent on parking spaces
being on side of building or in rear of building. Chairperson Prouty is concerned that id the board
grants under those conditions it goes against the Planning Board's recommendations.
The petitioner is looking for something to bring back to the current owner to negotiate with but
she is also willing to change the plans.
Chairperson Prouty suggests a site visit.
Motion to go back into a public hearing by Chairperson Prouty. Second by Member Geiger. All
in favor. Board will conduct a site visit upon conclusion of meeting.
Motion to continue meeting to Thursday 3/29 at 9:00 AM.
Prouty-yes, Geiger-yes, Suffriti-yes
4. Motion to adjourn at 7:10 P.M. by Chairperson Prouty, seconded by Member Suffriti. All were in
favor, none opposed.
2
f
BOARD OF APPEALS PUBLIC MEETING March 12, 2012
The following members attended the public meeting:
Doreen Prouty—Chairperson
Richard Maggie-Alternatef "
Gary Geiger-Alternate
Chairperson Prouty opened the meeting at 6:30 PM. .tr
1. Case# 1886: Soldier On Veteran Village—702 South Westfield Street
Chairperson Prouty re-opened this public hearing and introducing the members of the boarrP
Sitting on this case were Doreen Prouty, Gary Geiger and Richard Maggi. _J L
Chairperson Prouty provided a re-cap of the previous meeting. The board was waiting for a
rn
response from the fire department which was received. Chairperson Prouty also stated that she
had visited the Pittsfield facility on Monday 3f5l12. She stated that she was very impressed with
the facility. The veterans she spoke with were very nice and helpful.
Mr. James Scalise- SK Design Group; Pittsfield, MA suggests a condition between the
neighboring abutter whereas Soldier On will maintain vegetation which separates the properties.
Chairperson Prouty read into a record the memo from the fire department dated 3/15/12.
Chairperson Prouty asks the petitioner when the building was built and was advised it was built in
1918. Chairperson Prouty also asks who shall be named on the comprehensive permit and asks
for clarification on the non-profit status.
Attorney Dos Santos clarify that Soldier On Veteran Village II is not considered non-profit as it
will pay taxes to the town. It is a wholly owned subsidiary of Soldier On. Soldier On is the
parent company and has the non-profit status and acts as the sponsor. Soldier On Veterans
Village II shall be named on the permit.
No other members have any other questions for the petitioner. No one else in attendance speaks
for or against this petition.
Chairperson Prouty closes this public hearing and goes directly into a public meeting.
Chairperson makes a motion to re-open the public hearing to hear from Frank Mazzae; Disability
Commission Chairperson who has just arrived.
Frank Mazzae; Chairperson—Disability Commission and disabled veteran reads a letter he has
written into record. He has concerns that this project does not meet the 2010 ADA federal
standards and also has concerns that this facility is for men only since there are many disabled
women in need as well. Jim Scalise states that they are relying on professional stamp of the
architect. He is quite certain that building does meet the code. Mr. Scalise asks Mr. Mazzae if his
statement is based on construction of new rooms. Mr. Mazzae feels that the new rooms do not
meet the 2010 ADA federal standards and he states the state standards are not up to date. Mr.
Scalise states they have to meet ADA standards. Chairperson Prouty asks if the petitioner will
accept a condition in the decision which states that federal ADA standards must be met.
Mr. Scalise feels condition will be redundant as they will have to meet the building code.
The architect (Mr. Elton) arrives late and Chairperson Prouty asks him about the 2010 ADA
federal guidelines not being met. Mr. Elton believed the issue was the depth of the door brought
up by the building inspector. Plans have been modified since that discussion to make the opening
wider so there is an 18" width. Mr. Mazzae feels there are more issues. Mr. Elton agrees to a
condition about 2010 federal standards being met.
1
SCANNED 1,111 `�
Member Maggi asks for clarification on the ownership of the building.
Attorney Dos Santos states that Soldier On is the parent company. For the purpose of the deed, a
LLC was developed but a LLC cannot be non-profit. The LLC is wholly owned by Soldier On
who is non-profit. Member Maggi asks if the Pittsfield facility has the same structure and is told
that it does.
Member Geiger suggests adding specific information to the decision about how much vegetation
shall be maintained by the petitioner. An amount between 10-15' is discussed. Petitioner would
prefer 10' although Chairperson Prouty feels 15' is better.
Chairperson Prouty closes the public heating and goes directly into a public meeting. She states
the board is obligated to grant this comprehensive permit unless health or safety issues have
arisen, which has not happened.
Chairperson Prouty reviews the findings which the remaining board members agree upon.
Chairperson Prouty calls for a vote of the members to grant a'comprehensive permit with the
following conditions as agreed upon by the members if the board.
Prouty-yes, Geiger-yes, Maggi-yes
By a unanimous vote of its three members, the Agawam Zoning Board of Appeals hereby grants
the petitioner a Comprehensive Permit as required under M.G.L. Chapter 40B, Section 20-23 with
the following conditions:
1. So long as the use of the existing structure is not in compliance with the Town of Agawam's
Zoning Ordinances, such use shall remain as housing for veterans within the low and moderate
income brackets.
2. The roof addition is to be no higher than that which already exists.
3. There shall be 39 harking spaces on the property in question. The petitioner is to come back to
this board for review in one year from the date of the issuance of the Certificate of Occupancy
by the Inspector of Buildings to examine the parking situation and make changes if necessary.
4. There are to be no changes architecturally or historically significant to the exterior or interior
of the existing structure without approval from the Massachusetts Historical Commission and
the Agawam Historical Commission.
5. A minimum of fifteen (15')feet of undisturbed vegetation shall remain on the North,West
and Southerly property lines so as to act as a natural buffer zone to the neighboring properties.
6. The vegetation in the right-of-way approximately 180' south of the southerly driveway must
be cleared to allow for better sight distance.
7. The existing structure must comply with the minimum guidelines of the 2010 federal ADA
standards.
8. This comprehensive permit will expire in two years from the date of this decision unless
DHCD funding has been awarded and construction has begun.
Attorney Dos Santos would like the original copy of the decision.
2. Motion to approve minutes of 2/13/12 by Chairperson Prouty. All in favor.
3. Motion to approve minutes of 2127I12 by Chairperson Prouty. All in favor.
4. Coorespondence: Letter written by Member Marmo addressed to Natalie Katalnikova re:
violation of Case#1786 is reviewed by the members. Chairperson Prouty does not feel that the
2
board should act on this matter until Member Marmo returns. Chairperson Prouty also feels the
building inspector should enforce the violation or send the ZBA a memo if he feels action should
be taken. The remaining members agree and feel that if there is any violation they should be
notified to act by the building inspector. Member Geiger also confirms that the ZBA does not
enforce zoning.
5. Motion to adjourn at 7:25 P.M. by Chairperson Prouty, seconded by Member Maggi. All were in
favor, none opposed.
3
BOARD OF APPEALS PUBLIC MEETING February 27, 2012
The followip . 9Xs�FC nded the public meeting:
��R, S OFFICE
�oreen Prouty—Chairperson
�%'� �Ot MAR 21 PM tj rd Maggie - Alternate
arGeiger-Alternate
Chairperson Prouty opened the meeting at 6:30 PM due to lack of quorum. Agenda was set for 6:00
PM.
1. Case# 1886: Soldier On Veteran Village— 702 South Westfield Street
Chairperson Prouty re-opened this public hearing and introducing the members of the board.
Sitting on this case were Doreen Prouty,Gary Geiger and Richard Maggi. Members Gary Suffriti
and James Marmo are both ill and will not be in attendance.
Mr. James Scalise- SK Design Group; Pittsfield, MA. Mr. Scalise provides an update. A memo
from DPW was received on February 15, 2012. Planning Board has issued a letter of support
February 21, 2012 with some suggestions.
Mr. Scalise also states they have met with the building department and fire department to work
out preliminary plans to satisfy both departments. Chairperson Prouty states that the board has not
heard from the fire department and will need to prior to issuing a decision.
Petitioner states he has met with Fire Inspector Scott Mitchell since the team meeting was held
and he felt that he was satisfied.
Chairperson Prouty read into record the letter of support from the Planning Board dated 2/21/12
and a memo from the Engineering department dated 2/15/12.
Chairperson Prouty asks the petitioner if comments from Engineering have been addressed.
Petitioner provides plans with updates as requested by Engineering.
Chairperson Prouty opens the meeting to the public. No one speak for or against. Chairperson
Prouty feels the board cannot make a decision without comments from the fire department.
Petitioner states that it was mentioned at the last meeting that it was all male housing, but for the
records they do not discriminate.
Chairperson Prouty discusses parking spaces with Mr. Scalise and where their standards come
from. She is still concerned that there are not enough spaces since the standards that they speak of
do not apply to 70% of the residents.
Member Maggi asks if the board can give a conditional approval. Chairperson Prouty states that
since this is a comprehensive permit, only a majority vote is needed and plans will not be signed
since the state has final approval over the plans. Chairperson Prouty would like to wait for all
boards and department comments prior to making a decision.
Attorney Dos Santos states the ZBA does not have to wait to make a decision. The board can
approve the permit and wait up to 40 days to provide a written decision and conditions.
Board would like to continue meeting and wait for all comments. No additional comments or
questions are received.
Motion by Chairperson Prouty to continue hearing to Monday March 12 at 6:30 PM.
2. Motion to adjourn at 6:50 P.M. by Chairperson Prouty, seconded by Member Maggi. All were in
favor, none opposed.
1 SCANNED "� 21 r`7 �iLrC�i
BOARD OF APPEALS PUBLIC MEETING February 13, 2012
ATip,foglq, in members attended the public meeting:
"�l •; ,., FFJCF-
��'� i Doreen Prouty—Chairperson
H 2 AR PH 2= 0$ James Marino—Clerk
Gary Suffriti-Vice Chairperson
Richard Maggie -Alternate
Gary Geiger- Alternate
Chairperson Prouty opened the meeting at 6:30 PM.
1. Motion by Chairperson Prouty to go out of order due to a misunderstanding in the scheduling of
the agenda. Second by Member Suffriti. All in favor.
2. Case# 1883: City of Springfield DPW—M Street Extension
Chairperson Prouty re-opened this public hearing at 6:30 PM for City of Springfield DPW and
provides a recap of the previous meeting. She explains that she has had time to review all the
material and is satisfied. Gary Pierce provides three revised site plans which now include
Planning Board recommendations.
Chairperson Prouty opened the hearing to the public. No one spoke for or against.
Chairperson Prouty explained the twenty day appeal period, closed the public hearing and went
directly into a public meeting.
Chairperson Prouty reviewed the findings and made a motion to approve the special permit for a
metal recycling facility and called for a vote for Case # 1883. Vote: Prouty-yes, Suffriti-yes,
Marmo-yes
Special Permit is approved for Case # 1884 with the following conditions:
1. The proposed metal recycling facility will be located in the southwest corner of Cell 2 as
shown on the plan entitled: "Existing Site Conditions and Project Location Plan", drawn by
St. Angl Associates, Amherst, MA, dated November 8, 2011 and signed by the members of
this board.
2. The petitioner must come back before this board if the proposed metal recycling facility is to
be moved.
3. All conditions advised by the Town of Agawam's Planning Board in the January 7,2012
memo must be adhered to.
4. City of Springfield shall notify this Board of any changes in the operation and/or ownership of
this facility.
5. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special
Permit" form,which shall be provided by this Board and proof of said filing must be
submitted to this Board and to the Inspector of Buildings.
6. This special permit shall become null and void if construction authorized by this special
permit is not commenced within two (2) years from the date this decision is stamped by the
Town of Agawam Clerk's office.
3. Case# 1886: Soldier On Veteran Village— 702 South Westfield Street
Chairperson Prouty opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Doreen Prouty, Gary Suffriti and James Marmo.
Chairperson Prouty explained the procedures of the meeting.
I .. rANNED L �'
-Representing the petitioner is James Scalise- Engineer from SK Design Group;Pittsfield,MA.
Mr. Scalise introduced Bob Fournier-Engineer,Nick Elton-Project Architect, Tony Dos Santos-
Attorney, Jack Downing- Soldier On CEO and Paul Furgo from Tighe & Bond.
Mr. Scalise provides a background on Soldier On. He explains that the goal is to build permanent
housing for veterans through a cooperative ownership. An application was submitted to the
Zoning Board of Appeals on January 16, 2012. There is a deed restriction on the property as well
as a historical covenant. He explains the Chapter 40B process and further explains that the ZBA
will act for all other town boards and departments except Conservation Commission and the
Board of Health.
Nick Elton- Project Architect states that the intention is to make use of the current building at 702
South Westfield Street. Currently there are 3 stories on 4 sides and 4 stories in the middle. The
building is on the National Register of Historic Places and they intent to fully comply and
rehabilitate accordingly. Mr. Elton explains the layout of the rooms, commercial kitchen, common
spaces and office spaces. They are also proposing to add an addition to the roof of the building.
There will be a total of 54 studio units and 1 guest unit. The exterior layout is explained. Parking
lot will be reduced. ADA accessibility will be addressed by lowering the grade in the rear of the
building to allow for direct access. Mr. Elton states that this facility is for men only.
-Jim Scalise explains the site design. Petitioner is requesting a suspension of zoning for height
and parking. The parking requirement is 1 space per unit. Petitioner is requesting a reduction of
parking to allow 39 spaces because residents are handicapped and/or elderly. 17%of occupants
have their drivers license. A traffic study was completed which supports the proposal of 39
spaces which is .72 space per unit. Mr. Scalise explains that they are also a requesting a
suspension of zoning for density. Multi family is not allowed in this zone. Spot zoning is not an
option. He explains further that all dimensional and setback requirements are being met. All
municipal services are addressed and there are adequate services on site.
A drainage analysis has been completed and the engineering department comments have been
addressed. A storm water analysis was completed. Water table is about 5' and more test pits will
be done on 2f 16112. There will be no other major changes to the grade unless needed.
Member Marmo asks about staff at the premises. Mr. Jack Downing states there will be a support
staff of about 6-9 people as well as 4 vehicles with staff to transport residents as needed. Member
Marino is concerned there are not enough parking spaces.
Mr. Scalise further explains the site and states there are no wetlands on site. A notice of intent
was filed with Conservation Commission. Site lighting is all down cast and will not spill into the
night sky. A foot candle diagram is displayed. Signs will not be lit.
Paul Furgal from Tighe & Bond explains that a traffic study was completed based on the existing
volume, overall level of service and safety concerns. He estimates 26 peak trips a day which
includes the AM: 9 in and 17 out, and in the PM: 17 in and 9 out. Mr. Furgal expects trip
generations will have a negligible impact to study area intersections and will continue at a B level
of service.
Jim Scalise explains that a tree in the right of way will be removed at the direction of the traffic
analysis.
Member Marmo asked who conducted the traffic study. Mr. Frugal stated he completed it and it
is compared to a national standard.
Chairperson Prouty opens the meeting to the public.
Joe Czerpack, 636 South Westfield Street is concerned about the traffic during events at Oak
Ridge and that it was not taken into consideration in the study. He also asked if the proposed
entry will remain a one way. Petitioner states yes. Mr. Czerpack asks if there will be fencing
around the property. He is concerned about trespassing. Member Suffriti explains that a natural
2
buffer exists and Mr. Scalise adds that the natural buffer will remain. No additional clearing will
be done and plantings will be supplemented where needed.
Mary Ann Czerpack, 636 South Westfield Street states she would like the natural buffer to remain
and would also like a fence. She states that she owns 60 acres which abuts the property and also
rents 12 acres from the Department of Agricultural.
Mr. Scalise states that a fence is not affordable since it about 1600 feet of fencing would be
needed.
Jack Downing- CEO Soldier On explains that at the Pittsfield, MA residence there are 110 vets on
7 acres. Experience has shown him that they have less traffic than a nursing home. At Christmas
only 8 residents had visitors. He also stated that they will also be proposing a veteran wall and a
greenhouse in the future. Mr. Downing also explained that the residents will own their unit and
pay taxes. No overnight guests are allowed. Average age is 54 `/z years. Most are Vietnam
Veterans. Approximately 80% have also have mental health or physical health uses, which is
managed on site by staff.
Mrs. Czerpack states she still wants a fence. Mr. Scalise states that is not budgeted for. Mrs.
Czerpack is also concerned about the septic tank. Mr. Scalise explains that the Board of Health
approved the disconnection. She suggests that debris was thrown in prior to disconnection. Mr.
Scalise states that professional engineers abandoned the site and pumped out the fluid to the
Board of Health's satisfaction.
Mrs. Czerpack is also concerned about sidewalks. Mr. Scalise stated that the police department
does not want any sidewalks nor do they want to encourage foot traffic due to safety issues.
Donald Hill, 780 South Westfield Street is concerned about traffic. The study was done in
January. Golf course traffic will increase in the summer.
Petitioner does not anticipate any foot traffic at the direction of the police department. They will
prove adequate transportation for residents although cannot prevent foot traffic. They also believe
this project will generate low traffic and will not add significantly to the problems on that street.
Linda Mars, 657 South Westfield Street, asks if the Pittsfield and Leeds facility already exist.
Petitioner advises yes. She asks why this building is acceptable to Soldier On for use but not for
the police academy. Petitioner states that structurally the building is in terrific shape with the
exception of roof problems. Ms. Mars asked if all 54 units are contained in building. Yes
Ms. Mars asks if they will expand. Petitioner states there are no plans or financing to do so at this
time. Ms. Mars asked abut support services. Petitioner explains that support services will be
provided. Most will be brought to the facility but rides will be available for those that cannot be
provided on site. Petitioner also states there will be recreation on site.
Ms. Mars asks if there is a substantial need. Petitioner explains that 40B is allowed because
affordable housing is needed.
Ms. Mars asks if there is any transitional housing. Petitioner states there will only be permanent
housing and there will be a lottery to become eligible. Residents will have already been in a
shelter and transitional housing prior to becoming eligible for permanent housing,
Member Maggi asked if the men are encouraged to work. Mr. Downing states that 70%of the
Leeds residents work. 50%work full time and the remaining residents work 15-20 hours a week.
There is also a grant available that pays rent for some individuals who cannot work.
Mr. Downing also states that if men do not work, they are paid $10/hour for community service
done. He states also that Agawam is appealing not only because of the building but because it is a
blue collar community.
Member Maggi asks if the men receive assistance in finding employment. Mr. Downing states
they work with the Department of Labor through grants.
Member Maggi asks if the traffic study includes the assumption of work. Mr. Downing states yes.
Mr. Downing states that this will be a safe, respectable living environment. The men are not
criminals. It is a transparent environment. Police and Fire will be given full access to files and
3
photos of residents.
Frank Crackler, 703 South Westfield Street is concerned about foot traffic and personal safety.
Joe Mineo, 33 Maple Meadow asks if there is an onsite staff full time. Petitioner explains that
there are 62 full time employees with Soldier On. There will be employees on site for support
services. A minimum level of staff is required based on density. 54 units require a level 2
staffing. There will be no standard hours. It is a mobile staff but there will always be someone on
site to support the residents.
Joe Mineo asks the petitioner if they will utilize Chapter 115, Local veteran services. Mr.
Downing states yes, but none go through the local veteran agent for cash benefits. Mr. Mineo
states that veteran benefits are minimal locally. Mr. Downing states that he hopes Soldier On will
work with them but he does not anticipate increasing roll calls with the exception of extraordinary
circumstances.
Linda Mars asks if this residence can be changed to transitional living at any time. Mr. Downing
states no, it must remain a permanent cooperative.
Member Maggi asks if the vets will be local. Mr. Downing states they can come from anywhere
because of the use of federal funds but they will work with the local veterans office.
Corinne Wingard, 194 Elm Street states that she supports the project and thinks it is a friendly
40B. She feels there are many unmet needs and would be proud to see this in Agawam.
Member Marmo asks if there are any recreation or entertainment opportunities provided to
residents. Mr. Downing states that they will seek out manufacturers that have small tasks which
can be done in house.
Henry Kozloski, 102 Meadow Street states he has walked the site and he does not support a fence.
He states also that CPA supports this project.
Ed Buchrick, 8 Charest Lane states he supports the project.
Linda Mars asks about the financial standings. Tony Luca, MBL Housing& Community
Development states that state agency funding has been sought. They have limited resource. They
are also applying for tax credits as well as 8 different funding sources. They are expecting to
receive an answer this spring and have received positive feedback so far although if funding is not
received, they will apply again.
Donald Hill, 780 South Westfield Street is concerned about water fun off to his property.
Petitioner plans to install a drainage basin and assures Mr. Hill there will be no additional run off.
They are removing pavement and new roof drains will be installed.
Chairperson Prouty states a conservation commission determination was received. The Planning
Board will meet 2/17 to discuss this project. A team meeting has been held by professional staff
at Town hall. No other information was received.
Chairperson Prouty wishes to continue meeting 2 or 4 weeks. Tony Lucas is concerned about
losing funding. Attorney Santos states they would prefer 2 weeks so that any issues can be
addressed at the next meeting.
Motion by Chairperson Prouty to continue hearing to Monday February 27, 2012 at 6:30 PM. All
in favor. Member Maggi confirms that the applicant is seeking exception to zoning for parking,
height and density. Petitioner agrees.
4. Motion to approve minutes of January 23, 2012 by Chairperson Prouty, All in favor
5. Motion to approve minutes of February 10, 2012 by Chairperson Prouty, All in favor
6. Motion to adjourn at 9:05 P.M. by Chairperson Prouty, seconded by Member Suffriti. All were in
favor, none opposed.
4
BOARD OF APPEALS PUBLIC MEETING Februai
y 10, 2012
The folly i ���the public meeting:
`
A--2#12 MAR 2 j Doreen Prouty_Chairperson
p
M Zees Marmo Clerk
Gary Suffriti-Vice Chairperson
Chairperson Prouty opened the meeting at 9:00 AM.
1. Case# 1884 and Case# 1885: Kapetanios Realty, LLC- 916 Suffield Street
Chairperson Prouty re-opened this public hearing at 9:00 AM for Kapetanios Realty and provides
a recap of the previous meeting. A request for a new site plan was made and has been completed.
Chairperson Prouty reads into record correspondence received from Conservation Commissioner
Henry Kozloski, Safety Officer Sgt. Richard Niles, a response to the Sgt. Niles from Chairperson
Prouty, and memo from Fire Inspector, Scott Mitchell. The petitioner is aware of the
conservation restriction and the need for off site mitigation. Henry Kozloski explained to the
petitioner what is needed and states that this can be done at a letter date. Chairperson Prouty
opened the hearing to the public. No one spoke for or against.
Chairperson Prouty explained the twenty day appeal period, closed the hearing at 9:08 AM, and
went directly into a public meeting.
Chairperson Prouty reviewed the findings and states that all concerns have been addressed and
called for a vote for Case# 1884. Vote: Prouty-yes, Suffriti-yes, Marmo-yes
Special Permit is approved for Case # 1884 with the following conditions:
1. This special permit is for the operation of the distillery machinery only.
2. All building and fire safety regulations must be met.
3. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special
Permit" form, which shall be provided by this Board and proof of said filing must be
submitted to this Board and to the Inspector of Buildings.
4. This special permit shall become null and void if construction does not commence within two
(2)years from the date of this decision.
Chairperson Prouty reviewed the findings and states that all concerns have been addressed and
called for a vote for Case # 1885. Vote: Prouty-yes, Suffriti-yes, Marmo-yes
Special Permit is approved for Case # 1885 with the following conditions:
5. The proposed addition shall be constructed according to the plan titled"Modifications to 916
Suffield Street, Proposed Kaptain Jimmy's Restaurant" dated December 27, 2011, prepared by
ELB Design, South Hadley,MA and signed by the members of this board.
6. This special permit is for the construction of the proposed addition only. All other zoning
requirements as well as all building requirements are to be met.
7. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit" form, which shall be provided by this Board and proof of said filing must be
submitted to this Board and to the Inspector of Buildings.
8. This Special Permit shall become null and void if construction does not commence within two
(2)years from the date of this decision.
2. Motion to adjourn at 9:20 A.M.by Chairperson Prouty, seconded by Member Suffriti. All were in
favor, none opposed.
1 "NNED
R '
BOARD OF P LS PU;We
LIC MEETINO January23,2012
The following rr�emb�r �jbljjc� meeting:
I�11 F^
�tAR p� reen Prouty—Chairperson
JAQMarmo —Clerk
Gary Suffriti-Vice Chairperson
Richard Maggi-Alternate VIC
Gary Geiger- Alternate �t
Chairperson Prouty opened the meeting at 6:30 PM.
1, Case# 1881: Mark & Margaret Serra- 94 Glendale Rd.
Chairperson Prouty opened this public hearing by reading the legal no ce and introducing the
members of the board. Sitting on this case were Doreen Prouty, Gary uffriti and James Marino.
Chairperson Prouty explained the procedures of the meeting.
Mark Shute, D. L. Bean is representing the petitioner. He states that the proposed addition is in
the 500 year flood plain. The side and rear profile of the addition is shown on the plan. The
addition will match the finished floor of the existing house. There will be a partial basement and
crawl space. The finish floor of the addition is 62'. 100 year flood elevation is 58'. The lowest
level of the floor must be above the 1.00 year elevation and is 58.25.
Chairperson Prouty read into record a memo from the Safety Officer dated 1/2/12 and a memo
from the Conservation Commission dated 12/21/11.
According to Mr. Shute, the flood plain will not be altered.
Chairperson Prouty opened the hearing to the public. No one spoke for or against.
Chairperson Prouty explained the twenty day appeal period, closed the hearing, and went directly
into a public meeting. Chairperson Prouty reviewed the findings and called for a vote.
Vote: Prouty-yes
Suffriti-yes
Marino-yes
Special Permit is approved with the following conditions:
I. The proposed addition will be constructed according to the plan drawn and stamped by Marc
Shute, Professional Land Surveyor, 40 School Street, Westfield, MA dated November 29,
2011 and signed by the members of this Board.
2, All zoning and building requirements are to be met.
3. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special
Permit"form, which shall be provided by this Board and proof of said filing must be
submitted to this Board and to the Inspector of Buildings.
4. This Special Permit shall become null and void if construction of this addition does not
commence within.two (2) years from the date this decision is stamped at the Town of
Agawam Clerk's office.
2. Case# 1882: William Pierson- .5b0 Main Street
Chairperson Prouty opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Doreen Prouty, Gary Suffriti and James Marino.
Chairperson Prouty explained the procedures of the meeting.
Petitioner, Tammy Pierson, 662 Main Street is mother of William. William lives on the first floor
(660 Main St.) with his wife and child and looking to put on an addition to increase living space.
Currently there are 2 bedrooms and 1 bathroom on each floor, Petitioner is looking to add
additional space to the first floor only.
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The setback and side yard requirements are not met.
Chairperson Prouty indicates that the deed has four owners listed. The petitioner explains that
Lisa Milotte will be removed from the deed when the refinancing is completed. Chairperson
Prouty explains that the board will have to receive written permission from her for the addition
since she is still listed on the deed.
The side yard is 8.9' and should be 1.5'. Residential A2 does not allow two families but the
petitioner is a legal con-conforming structure.
The residential area is also smaller than that is allowed. Currently it is 13,067 and 15,000 is
required.
Chairperson Prouty read into record a memo from Sgt. Richard Niles dated 1/3/12.
Chairperson Prouty opened the hearing to the public. No one spoke for or against.
Chairperson Prouty explained the twenty day appeal period, closed the hearing, and went directly
into a public meeting. Chairperson Prouty reviewed the findings and called for a vote.
Vote; Prouty-yes
Suffriti-yes
Manno-yes
Special Permit is approved with the following conditions:
1. The proposed addition shall be constructed according to the plan submitted,prepared for
Gregg Pierson and Tammy Pierson, drawn by Edward Chapdelaine, Land Surveyor, dated
September 9,2011 and signed by the members of this board.
2. A notarized consent for the proposed addition must be submitted by Ms. Lisa Milotte.
3.. This special permit is for the proposed addition only. All other zoning requirements are to be
met.
4. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit"form, which shall be provided by this Board and proof of said filing must be
submitted to this Board and to the Inspector of Buildings.
5. This Special Permit shall become null and void if construction does not commence within two
(2) years from the date of this decision.
3. Case # 1883: City of Springfield DPW/Covanta Energy- M Street Ext.-
Chairperson Prouty opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Doreen Prouty, Gary Suffriti and James Marmo.
Chairperson Prouty explained the procedures of the meeting.
Representing the petitioner is Gary Pierce; Covanta Energy Environmental Engineer. Revised
plan is submitted to the board.
A special permit is requested to construct a metals recycling plant on cell 2 on Bondi's Island.
A team meetings was conducted on 12/13/11 with town staff. Site Plan approval was received
1/5/12. A solid waste permit will be needed from DEP.
Mr.Pierce explains that Cell 1 has closed and is suitable for post closure. Cell 2 is divided into 6
sub cells. (A-D). Combined ash comes from Pittsfield, Agawam, and Wallingford, CT. Agawam
and Pittsfield recover some metals from the ash although Wallingford does not have the capability
to do so. It is being recovered on site using an excavator. The concept is to consolidate the
metals recycling operations to one central location. Ash will run through the metals recycling
plant to remove ferrous and non-ferrous materials. The facility will be located on sub cell 3A and
will be 72'x100'. A berm will be installed to prevent any run-off The machinery will be able to
be moved to a different sub-cell. There will be no increase in noise or odor and it will be hard
wired. Member Maggi asks what percent of the ash is metal. Mr. Pierce states 9%.
Chairperson Prouty read into record a letter from the planning board indicating site plan approval
and a letter from Sgt. Richard Niles dated 1/3/12. Chairperson Prouty opened the hearing to the
2
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public. No one spoke for or against, Chairperson Prouty states that she is not ready to make a
decision tonight and asks what the timeline is. Petitioner expects to operate by 7/1/12. Motion by
Chairperson Prouty to continue hearing to Monday 2/13/12 at 6:00 PM. All in favor.
4. Case# 1884 and Case# 1885: Kapetanios Realty, LLC- 916 Suffield Street
Chairperson Prouty opened this public hearing by reading the legal notice for both cases and
introducing the members of the board. Sitting on this case were Doreen Prouty, Gary Suffriti and
James Marmo. Chairperson Prouty explained the procedures of the meeting.
Petitioner is seeking a special permit for the construction of an addition with less than the required
side yard and also to allow for the operation of a distillery for alcoholic beverages.
Attorney William O'Grady is representing the petitioner. He states that Kapetanios Realty owner
Tony Rizzo also owned Red Rock Pizza, Opa Opa Brewery, Brewmasters Tavern, Mulinos, and
Bishops Tavern. The plan is to open a distillery and a pirate themed restaurant at 916 Suffield
Street. Property is zoned Industrial B which requires a special permit. The building inspector
feels the distillery will create "hazardous material". The material is classified as Fl. In order to
distill,an area of the roof needs to be raised 12' to install a column for the distillery. A former
Special permit was granted to Pananas Restaurant for the side yard. The property is legal non-
conforming. A site plan is provided. The distillery will be in the rear left corner of the building
and will occupy about 712 sq. ft. of the 12,000 sq. ft. building.
All hazardous material is federally approved. Petitioner is still waiting for state and federal
approval to distill. Low pressure will be used to steam. The distillery is enclosed by I" glass and
is explosion proof: Photos of similar distilleries are provided to board members.
Dennis Bates, Opa Opa distiller states that some of the liquor will be aged on site in approx. 12
barrels. The rest will not be stored on site.
Chairperson Prouty states that land described in the deed is not the land shown on the plan. This
is just a legal technicality that she is pointing out to the petitioner.
Member Marmo is concerned because the site plans are owned by Pananas Restaurant and should
be updated to reflect the current restaurant. It was suggested the petitioner could use the old plans
because the footprint was not changing and only the roof was being raised. The site plan will
need to be cleaned up to include the applicants name and remove or add to the plan what is
actually on site and what is proposed.
The height of the distillery is 25' 3" in an area of approximately 8'x12'. The current height of the
roof is 12' 4 '/2 ". The pent house which will accommodate the column is 12' above the roof line.
Member Suffriti asks if the petitioner anticipates expanding. Petitioner states there will not be the
potential for that.
Chairperson Prouty opened the hearing to the public. No one spoke for or against. Fire Chief
Alan Sirois states that the fire department has been working closely with the owners,the state fire
marshall, and the building inspector. The fire department has no concerns about safety and has no
objections.
Motion by Chairperson Prouty to continue public hearing to Friday 2/10/12 at 9:00 am in the
DPW Conference Room, 1000 Suffield St. All in favor.
5. Motion to approve minutes of 12/27/11 by Chairperson Prouty. Second by Member Marmo. All
in favor, none opposed.
6. Motion to adjourn at 9:00 P.M. by Chairperson Prouty, seconded by Member Geiger. All were in
favor, none opposed.
3
BOARD OF APPEALS PUBLIC MEETING December 27, 2011
The following members attended the public meeting:
Doreen Prouty— Chairperson
.lames Marmo—Clerk
Gary Suffriti-Vice Chairperson
Richard Maggi-Alternate
Gary Geiger-Alternate
Chairperson Prouty opened the meeting at 6:30 PM.
I. Case 41880: Scott Mackenzie-217 Meadow Street
Chairperson Prouty re-opened this public hearing and explains that a site visit was done by
Doreen Prouty, Gary Suffriti and James Marmo.
Upon visiting the premises it became evident that the petitioner raised rabbits. Chairperson
Prouty explains that the keeping and commercially selling of rabbits is not allowed in Residential
A-2. Petitioner, Scott Mackenzie, explains that they are pets and he no longer sells them
commercially. He also states that he currently has about twenty rabbits. He states that he
researched prior to purchasing his house and believes it is allowed. He does not sell for live
testing, although when he had too may he did sell to a research lab for schools. �
Member Suffriti suggests speaking with the health inspector.
Member Maggi does not believe rabbits qualify under Section 180-23K. A description Ottt
livestock is researched. Member Suffriti states that if they are not being raised to sell than tt is XP
an issue. Member Suffriti and Prouty feel that a condition in the decision should state thaT-rabh'
cannot be raised for sale, only to keep for pets. Member Maggi feels all should be neuterl or ,
spayed. �~
Member Marmo states that the petitioner's father stated in the last meeting that he was a
licensed contractor and he feels that he should have known a permit was needed. Member-#"larmP
also states that he is in favor of fining the petitioner$300.
Mr. Mackenzie clarifies that his father was coming to help him for only three days and once they
started work and saw the extent of the damage they realized a permit would be needed.
Chairperson Prouty asked why did it take so long to obtain the permit and why did the building
inspector have to chase you down when work continued for weeks. Chairperson Prouty explained
that once Mr. Mackenzie realized a permit was needed, work should have stopped.
Mr. Mackenzie read an article for CPTC which explains when non conformity is increased.
Member Suffriti agrees with the article but explains that a special permit is still needed. Chair
explains that Agawam requires that a Special Permit even when non conformity is not increased.
Member Suffriti asks the petitioner if the yard has been cleaned and was told yes.
Chairperson Prouty explains the twenty day appeal period. All board members are in agreement
about the rabbits and the Board agrees that the sale of rabbits must end by 4110 and there shall be
no more raising of rabbits.
Chairperson Prouty does not feel that the petitioner should be fined even though Board does have
the authority to do so. She explains that he did stop work once the building inspector instructed
him to do so. Member Suffriti feels that the board is too lenient but agrees not to fine him
because the petitioner has been a gentleman but also asks that he apologize to the building
inspector. Member Maggi feels that a time limit to complete the project should be a condition of
the decision.
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SCANNED -119-1111_ LM b
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Chairperson Prouty and Member Suffriti feel the petitioner should be given 30 days from the date
of the decision to get a building permit.
Member Marmo wants to fine the petitioner. Member Maggi states that the petitioner is not in
violation of any ZBA decision therefore cannot and should not be fined by the board. If he
violates the board's decision then he can be fined.
Member Marmo feels that the petitioner had a licensed contractor and should be fined. He reads
Sec 180-16 of the zoning bylaws. Member Maggi explains no permit or decision has been issued
therefore the board cannot fine him because Sec. 180-16 does not yet apply to the petitioner. He
explains that since he violated the zoning by laws the building inspector could fine him.
Chapter 40A Section 7 is discussed by the board. A violation of a provision of the chapter has
occurred therefore he should be fined. Chairperson Prouty agrees after research that the ZBA can
fine a petitioner if they are in violation of Chapter 180-7.
Member Suffriti asks Member Marmo what he proposes for a fine. Member Suffriti and Prouty
feel that he is not in violation of anything of the board. Chair agrees he is in violation of Chapter
180-7 but it is not a grave violation.
Motion to grant Special Permit subject to the following conditions and fine the petitioner$50.
1. The second story addition and the roof extension over the front entranceway may remain as
constructed. The original footprint of the existing structure must remain as is and conform
with the zoning dimensions as shown in the plan provided entitled: "217 Meadow St.
Agawam, MA, dated January 1997, drawn by Smith Associates and signed by the members of
this board.
2. This special permit is for the two additions as described in above paragraph.
3. All construction material shall be placed in back yard so as not to be seen from the
neighboring lots. All unused construction material shall be removed from the property no later
than 2 weeks after no longer needed.
4. Beginning with the date of this decision, the petitioner is prohibited from breeding and raising
rabbits for commercial use. Any rabbits currently owned and wishing to be sold by the
petitioner must be done so by April 10, 2012.
5. The petitioner shall apply and be approved for a building permit with the Town of Agawam's
Department of Inspection Services within thirty(30)days from the date of this decision.
6. Pursuant to Section 180-16.1 of the Town of Agawam's Zoning Ordinances, the Zoning Board
of Appeals hereby fines the petitioner$50 ($25 for each offense).
7. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit" form, which shall be provided by this Board and proof of said filing must be
submitted to this Board and to the Inspector of Buildings.
8. This Special Permit shall become null and void if construction does not commence within two
(2)years from the date of this decision.
Vote: Prouty-yes
Suffriti-yes
Marmo-yes
2. Motion to approve minutes of 10/24/2011 by Chairperson Prouty. Second by Member Marmo.
All in favor, none opposed.
3. Motion to adjourn at 7:50 P.M. by Chairperson Prouty, seconded by Member Geiger. All were in
favor, none opposed.
2
i
BOARD OF APPEALS PUBLIC MEETING December 12, 2011
The following members attended the public meeting:
Doreen Prouty—Chairperson
James Marmo—Clerk
Gary Suffriti-Vice Chairperson
Richard Maggi-Alternate
Gary Geiger- Alternate
Chairperson Prouty opened the meeting at 6:30 PM.
1. Case# 1880: Scott Mackenzie-217 Meadow Street
Chairperson Prouty opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Doreen Prouty, Gary Suffriti and James Marmo.
Chairperson Prouty explained the procedures of the meeting.
Petitioner, Scott Mackenzie, 217 Meadow Street explains that he started the project without a
special permit. He began by removing the shingles from his roof. The roof was rotting so he
decided to replace the roof and do a gable roof over the back part of the house. On the front of the
house there is a concrete patio with a covered porch. He explains that he also wants to extend the
porch with a 6x6 roof which would replace the awning.
r,
Chairperson Prouty asks why the building began without a permit. The petitioner explain3lat he r
did not think he needed a permit for a roof until after he began and then discovered the ro(Pvas
rotted. He explains he started for one week and then received a letter from the building ir,ectc-3
to stop work. _>
Also representing the petitioner is Norm Mackenzie, petitioners' father. He states that he jEa
licensed general contractor. He currently lives in Georgia but was formerly licensed in MA He
came home to help his son with the work on the roof. He explains that they quickly discoed n
that the roof was not salvageable. 1t was leaking and someone fell through a section while r`'
removing shingles. He didn't believe they needed a permit for the roof but once re-framing began
he realized that a building permit may be needed. He also stated that the footprint of the house
would not be changing so he did not think a special permit was needed.
Mr. Norm Mackenzie also stated that house previously had a double gable roof and it had been
removed prior to Scott Mackenzie purchasing the house. He apologized for not seeking a permit
but explained that they were fighting the rain. Mr. Mackenzie clarified that the raised roof was
not intended for living space. He stated drop down stairs will be installed. Ceiling height will be
12' in the middle with 5' walls.
Member Maggi asks what the violations are. Chairperson Prouty explains that it is a non-
conforming lot, and they do not meet the setback and side-yard requirements.
The roof is already completed although the interior work has not been completed. The addition in
front of the house is a 6x6 extension of the roof only where an aluminum awning previously was.
It will not be enclosed.
Member Suffriti suggests a site visit be done. He explains that he has previously driven by the
site but would prefer the board do a site visit for a better understanding. He also states that the
building inspector had advised that he had visited the property a few times and left a cease and
1
SCANNEDw� �� �
desist order on a truck and never received a response.
Chairperson Prouty explains to the petitioner why his property is considered non-conforming.
Member Suffriti reviews building plans and photos with the petitioner.
Chairperson Prouty read into record emails received from abutters John & Rosemarie Juliano and
Larry and Judith Gonyea.
Chairperson Prouty opened hearing to the public.
Art Lisee,46 Jessica Place, stated that he came before the board for a porch and was denied. He
does not believe that the petitioner should be granted a special permit especially since he began
construction without the building permit. He is also upset that he cannot put a porch on and this
petitioner will be allowed. Chairperson Suffriti explains the differences in the cases.
Board agrees to do a site visit next Monday 12/19/2011 at 8:00 AM.
Petitioner adds that when the appraisal was done he received a letter stating the he was not
increasing the non-conformity of the lot, therefore he did not believe he needed a permit.
Chairperson Prouty understands why the work was done but explains that she is disappointed that
a permit was not sought. He explains that he did receive a notice by certified mail, although he
had not picked it up at the post office. A police officer then hand delivered it to him.
Chairperson Prouty explains that the petitioner cannot increase the non-conformity by increasing
the setback and the roof cannot go beyond the current foot print. Chairperson Prouty makes a
motion to continue hearing to Tuesday 12/27/11 at 6:30 PM at the library. All in favor.
Chairperson Prouty makes a motion to close public hearing. All in favor.
2. Motion to approve minutes of October 23, 2011 by Chairperson Prouty. Second by Member
Marmo. All in favor.
3. Motion to approve executive session minutes of October 20, 2011 by Chairperson Prouty. Second
by Member Marmo. All in favor
4. Discussion: Katalnikova denial- The building Inspector has requested that the board fine the
petitioner. Chairperson Prouty believes that is his responsibility as the zoning enforcer. Member
Marmo favors fining them. Member Suffriti will discuss with the building inspector.
5. Motion to adjoum at 7:50 P.M. by Chairperson Prouty,seconded by Member Geiger. All were in
favor, none opposed.
2
BOARD OF APPEALS PUBLIC MEETING October 24, 2011
The following members attended the public meeting:
Doreen Prouty—Chairperson
James Marmo—Clerk
Gary Geiger- Alternate
Chairperson Prouty opened the meeting at 6:45 PM.
I. Case# 1879: Katalnikova
Chairperson Prouty re-opened this public hearing at 6:45 PM. Member Gary Geiger will sit on
case in place of Member Gary Suffriti. Chairperson Prouty explained that a site visit was done by
Member Marmo, Suffriti, Maggie and Chairperson Prouty. Chairperson Prouty provided a history
of the case. In Aril 2000,the petitioner came before the board for an addition of four rooms on
two stories. Approval was granted. Plans were signed by the board members.
She also explained that the addition does not look like the signed plan. The petitioner added two
additional rooms and three bathrooms. Changes were done without approval. The building
inspector had instructed the petitioner to come back to the board for the additional approval.
The home now has three stories and the house is located in a Residence B zone which does not
allow a house to exceed 2 % stories. A story is defined as horizontal space between ceiling and
floor. It does not include attic space. The addition of building was higher than originally allowed.
In addition,the hatchway was added which changed the footprint. A hatchway was also not
included in the original plan. Without the hatchway, the petitioner had met the side yard
requirements of 15'. -t
Chairperson Prouty explained to the petitioner that by doing what they did, they are askingme
board to allow something the law prohibits which is called a variance. The difference between a,--
special permit, which was approved last time, and a variance is explained. Sec. 10-1 lists the
conditions for when a variance is granted. All three conditions must be met. The petitionaanly.�,-,
meets one condition.
Chairperson Prouty closed the public hearing and went directly into a public meeting. cut :"
Chairperson Prouty explained to the petitioner that they do not meet the conditions of a varTice. rn
There is no hardship and no reason to allow a violation of the law. Member Marmo feels that the
two additional rooms should be removed. Chairperson Prouty feels the board should deny for the
height violation and side yard violation. The third floor will need to be corrected at the direction
of the building inspector. The petitioner is instructed to follow up with the building inspector.
Chairperson Prouty motions to deny petitioners request for a variance and calls for a vote.
Marmo-yes, Geiger-yes, Prouty-yes.
Twenty day appeal period is explained and the petitioner is instructed that they must remove the
existing violations of the residential structure and must comply with the Special Permit granted on
April 9, 2007, Case# 1786.
2. Motion to approve minutes of September 26, 2011 by Chairperson Prouty. Second by Member
Marmo. All in favor.
3. Motion to approve executive session minutes of September 26, 2011. Second by Member
Marmo. All in favor.
4. Motion to adjourn at 7.15 P.M. by Chairperson Prouty, seconded by Member Geiger. All were in
favor, none opposed.
1
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i q
BOARD OF APPEALS PUBLIC MEETING July 11, 2011
The following members attended the public meeting:
Doreen Prouty - Chairperson
James Marmo—Clerk
Richard Maggi- Alternate
Gary Geiger- Alternate
Chairperson Prouty opened the meeting at 6:00 PM.
1. Chairperson Prouty made a motion to go into executive session. All in favor. w - c
2. Chairperson Prouty made a motion to go out of executive session. All in favor.
33t 3 cn
3. Case# 1877: Town of Agawam N 'P C'-
Chairperson Prouty opened this public hearing by reading the legal notice and introducing 1
members of the board. Sitting on this case were Doreen Prouty, Richard Maggi and.James w fi
Marmo. Chairperson Prouty explained the procedures of the meeting.
Representing the Town of Agawam is Tony Albro; Building Maintenance, Director.
Tony explained that the town is constructing a building to store town supplies at 1347 Main
Street. The hours of operation will be 7:00 AM to 3;00 PM. There is a building existing there
that was formerly used by the DPW. There will be no increase in noise or odor. Building
Maintenance was evicted from the High School so they will use this former building for parking 8
vehicles and the new building will be used primarily to store supplies. There will be no
connection of the buildings. They comply with the side yard. Nick Urbinati, Building Inspector
has told Tony that he wants the buildings separated.by 20'. The supplies will remain locked and
deliveries will stop at 2:00 PM. The frontage requirement is 100' and Tony believed they had 60'
but after finding pin it appears to be at 70'. Chairperson Prouty explained that the property is
zoned Industrial B in the rear and Industrial A in the front.
Chairperson Prouty opens the meeting to the public.
Victor Bonavita, 55 River Road states he is concerned about the noise but is satisfied now that it
won't be an issue.
Donna Demers, 1307 Main Street owns the property that abuts the northerly section. She is
concerned about former DPW buildings and drainage at the bottom of the embankment behind her
house. Tony stated they had found two storm drains which recently have been cleared and should
correct the drainage around the former DPW buildings. Ms. Demers added that the former salt
shed is not used any more and should be removed and she is also concerned that the fence is
dangerous and should be repaired. Tony agreed that the former salt shed is in poor shape and
should be removed. Chairperson Prouty suggests that the chain link fence must be in good repair
and surround the property. The board agrees that the sheds should also be.removed and the
surface should be graded to prevent standing water and correct drainage.
No other questions or concerns.
Chairperson Prouty explains the twenty day appeal period, closes the public hearing and goes
directly into a public meeting. Chairperson Prouty makes a motion to approve with the following
conditions:
1
SCANNED 41 ���
1. The proposed addition shall be constructed according to the plan entitled"New Building
Maintenance Storage Facility, 1347 Main Street, Agawam, MA, dated February 2, 2011 and
signed by the members of this board.
2. This special permit is for the proposed storage facility only. All other zoning requirements as
well as all building requirements are to be met.
3. The fence surrounding the subject property must be repaired and maintained in good order.
4. The three sheds, including the salt shed, must be removed.
5. The ground surrounding and including under the removed sheds must be graded for proper
drainage and pitched towards the existing drain. This area is to be seeded with grass and
maintained.
6. The space between the existing and proposed buildings will be twenty(20')feet.
7. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit" form,which shall be provided by this Board and proof of said filing must be
submitted to this Board and to the Inspector of Buildings.
8. This Special Permit shall become null and void if construction does not commence within
two (2) years from the date of this decision.
Vote: Prouty-yes
Marmo-yes
Maggi-yes
4. Motion to approve minutes of July 13, 2011 by Chairperson Prouty. Second by Member Marino
5. Motion to approve minutes of July 17, 2011 by Chairperson Prouty. Second by Member Marino
6. Motion to adjourn at 7:20 P.M. by Chairperson Prouty, seconded by Member Maggi. All were in
favor,none opposed.
2
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BOARD OF APPEALS PUBLIC MEETING June 17, 2011
The following members attended the public meeting:
Doreen Prouty - Chairperson
James Marmo—Clerk
Gary Suffriti—Vice Chairperson
Chairperson Prouty opened the meeting at 9:30 AM.
1. Case # 1876: Agawam Properties, LLP
Chairperson Prouty re-opened this public hearing. Sitting on this case were Doreen Prouty, Gary
Suffriti and James Marmo. Chairperson Prouty spoke with property owners on John Street
including the Town. She is satisfied because the original foot print will remain. She is also
satisfied with the three parking spaces in the Right of Way.
Dominic Urbinati, Building Inspector, states the project is legal. It was non-conforming and can
continue that way.
Member Marmo would like the buildings marked 1 and 2.
Mr. Urbinati would like it to remain 1,2 and 3 because the card system in town computer is set up
that way already. Police and Fire recognize the rear building as #3. The Architect will notify Mr.
Urbinati of the building sequence.
Chairperson Prouty explains the twenty day appeal period, closes the public hearing and goes
directly into a public meeting. Chairperson Prouty makes a motion to approve with the following
conditions:
1. The proposed building shall be constructed according to the plan entitled"Agawam
Properties-Abrahamson, 408-410 Meadow Street, Agawam, MA", revision June 13,2011,
prepared by Casella Design Associates, LLC and signed by the members of this board.
2. The easterly side of the proposed structure must remain within the footprint of the previously
destroyed building.
3. The subject property must continue to be used as before as a legal non-conforming use.
4. All zoning and building requirements must be met.
5. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special
Permit" form, which shall be provided by this Board and proof of said filing must be
submitted to this Board and to the Inspector of Buildings.
6. This Special Permit shall become null and void if construction authorized by the special
permit does not commence within two (2)years from the date of this decision.
Vote: Prouty-yes
Marmo-yes
Suffriti-yes _
2. Motion to adjourn at 10:00 A.M. by Chairperson Prouty, seconded by Member Suffritll were
in favor, none opposed.
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1
BOARD OF APPEALS PUBLIC MEETING June 13, 2011
The following members attended the public meeting: °
Doreen Prouty - Chairperson
James Marmo—Clerk
Gary Suffriti—Vice Chairperson -
Richard Maggi—Alternate
Gary Geiger- Alternate
Chairperson Prouty opened the meeting at 6:30PM.
1. Case# 1876: Agawam Properties, LLP
Chairperson Prouty opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Doreen Prouty, Gary Suffriti and James Marmo.
Chairperson Prouty explained the procedures of the meeting.
Representing the petitioner is Attorney Brad Martin, Mr. Paul Abrahamson owned the apartment
complex at 408-410 Meadow Street. Twenty-four(24) units were destroyed by fire. The Builder
and Architect met with the Building Inspector who advised that the building needs
reconfiguration. It is a prior non-conforming lot. A portion of the building that was not damaged
is remaining. New construction will provide twenty units.
Chairperson Prouty explains that the lot is conforming lot but the use is non-conforming. 120'
frontage does conform to by-laws.
Mr. Paul Abrahamson, 18 Herrick Pl. Wilbraham, MA states that a fire on November 21, 2010
destroyed the building. He had owned it for five years. Because of the new building code he
cannot build it as it was. He will lose four units.
Chairperson Prouty read into record a memo of May 11, 2011 from Safety officer Sgt.Niles.
Chairperson Prouty read into record a memo of May 24, 2010 from the town Engineering Dept.
Chairperson Prouty asked if it is a one or two story building. Owner states two.
Raymond Casella, 20 Shoemaker Lane presents modified plans to the Board which addresses all
of the comments in the Engineering memo.
I. He explains that 9'x20' parking spaces will infringe on Right of Way because building had to
be moved forward about 10'.
2. The tree will not be replanted.
3. All accessible parking will have proper signage, curbing and warning panels. Curbing will be
concrete.
4. Dumpster will be in the same location,
5. Because of sprinkler system, existing tap off for sanitary and domestic will have to be larger.
Chairperson Prouty states that the Side yard is 15'. A corner lot requires 20'. Building Inspector
stated to architect to change the side yard to 15' because it is a parking lot that abuts the property,
not a street. Chairperson Prouty states that it is labeled John Street and feels that it is a street even
though it a right of way. She explains that if it is not a street, there will be no problem. She will
contact the Building Inspector.
Gary Swanson-Engineer; Southampton Utilities/Engineering explains the storm water run off
addressed in the Engineering memo. He states that the impervious area will be decreased so the
run off will actually decrease with a net reduction of 10%. Run off to the neighboring parking lot
has been addressed by putting landscaping and mulch within the last five years.
Chairperson Prouty opened the hearing to the public.
Judy Melanson, 422 Meadow Street spoke in favor.
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Robert Prewood, 21 Riverdale St. a former tenant, spoke in favor.
John Jarek,22 Exposition Ave. West Springfield, a former tenant spoke in favor and states he has
a lot of respect for Mr. Abrahamson.
Nate Lair, 29 Dublin Street, Chicopee, a Former tenant spoke in favor. He stated that Mr.
Abrahamson was a responsible property owner and maintained a very clean apartment building.
No one spoke against.
Chairperson Prouty states that she is not ready to make a decision because of the right of way and
John Street. Motion to continue hearing to Friday June 27, 2011 at 9:30 AM in the DPW
Conference Room, 1000 Suffield Street, Agawam. All in favor, none opposed.
2. Motion to approve minutes of April 25, 2011 as corrected by Chairperson Prouty. Mr. Marmo
seconds. All in favor, none opposed.
3. Chairperson Prouty notifies the board that the Associate Solicitor may attend the next meeting to
discuss the summary judgment and the trial for the Griffin Case.
4. Motion to adjourn at 7:30 P.M. by Chairperson Prouty, seconded by Member Suffriti. All were in
favor, none opposed.
2
BOARD OF APPEALS PUBLIC MEETING Aril 25, 2011
The following members attended the public meeting:
Doreen Prouty - Chairperson
James Marmo—Clerk
Gary Suffriti—Vice Chairperson
Richard Maggi - Alternate
Chairperson Prouty opened the meeting at 6:30PM.
L Chairperson Prouty opened the meeting at 6:30 PM. The petitioner for Case# 1875 was not
present. Chairperson Prouty made a motion to go out of order while waiting for the petitioner to
arrive. Member Suffriti seconded. All were in favor. Chairperson Prouty made a motion to
approve April 22, 2011 minutes. Member Maggi noticed the Case# and name were incorrect.
There were no other corrections. Chairperson Prouty made a motion to approve the corrected
minutes and Member Marmo seconded. All were in favor. .
2. Elections: Chairperson Prouty stated that Mr. Marmo would like to become clerk of the board.
She asked if anyone else wished to be chairperson. No one did. Mr. Suffriti was agreeable to
becoming the vice-chairperson. Chairperson Prouty made a motion that Doreen Prouty would
remain chairperson, Gary Suffriti vice chairperson and James Marmo clerk. Mr. Suffriti seconded
the motion. All were in favor. None opposed.
3. The petitioner arrived at 6:45 PM. Chairperson Prouty excused herself from this case due to a
previous business relationship with the petitioner, Jane Hartshorn.
4. Case#1875: Jane Hartshorn:
Acting Chairperson Marmo opened this public hearing for Case# 1875 by reading the legal notice
and introducing the members of the board. Sitting on this case were James Marmo Acting
Chairperson, Gary Suffriti Vice Chairperson and Richard Maggi clerk. Acting Chairperson
Marmo explained the procedures of the meeting.
Mr. Kevin Tooley, 324 N. Maple Street, Enfield, CT spoke for the petitioner. He explained the
existing dwelling has an extremely small bathroom and staircase. The original house did not
include a bathroom when it was built in 1919 by the petitioner's grandparents. It was later added
and the opening for the stairs was made smaller to accommodate the bath. The proposed
additions will square off the rear of the dwelling by coming out five feet on both the first and
second floors.
Member Suffriti asked to see the building plans. Mr. Tooley showed the board members the plans
and pictures of the existing area. Ms. Hartshorn stated she had a double hip replacement surgery
about ten years ago and was not able to get her walker into the bathroom back then. She would
like this area enlarged for future use as she gets older. Member Maggi asked Mr. Tooley if he was
certain that what has been drawn on the plans is accurate. Mr. Tooley stated it was.
Acting Chairperson Marmo read a memo from Sgt. Richard Niles, Safety Officer for the Town of
Agawam into record. This memo stated there would appear to be little or negative impact to
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pedestrian, bicycle, and/or motor vehicle traffic safety.
Acting Chairperson Marmo opened this hearing up to anyone in attendance. Mr. Art Lisee, 46
Jessica Place spoke in favor of this petition. No one spoke in opposition. No letters were
received by this board either in favor or against this petition.
Acting Chairperson Marmo explained the twenty day appeal period. He closed the public hearing
at 7:15 PM and goes directly into a public meeting. Acting Chairperson Marmo called for a vote
to approve this special permit with the following conditions: the proposed addition be constructed
according to the plans submitted and signed by the members of this board, this special permit is
for the proposed addition only- all other zoning requirements are to be met, the petitioner shall
record this special permit with the Hampden County Registry of Deeds and this special permit
shall become null and void if construction does not commence within two years from the date of
this decision.
Vote: Marmo-yes, Suffriti-yes, Maggi-yes
5. Motion to adjourn at 7:30 P.M.by Chairperson.Prouty, seconded by Member Marmo. All were in
favor, none opposed.
2
BOARD OF APPEALS PUBLIC MEETING April 11, 2011 _
The following members attended the public meeting:
Doreen Prouty- Chairperson
James Marmo—Vice Chairperson
Richard Maggi -Alternate
Chairperson Prouty opened the meeting at 6:30PM. `-
1. Case# 1874: Brian and Jennifer Zaniewski
Chairperson Prouty opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Doreen Prouty, Richard Maggi and James
Marmo. Chairperson Prouty explained the procedures of the meeting.
Brian and Jennifer Zaniewski, 68 Katherine Dr. want to build an addition to their house which is
found to lie within a floodplain. Chairperson Prouty asks if the property is in the 100 year flood
plain. The petitioner believes the rear of their property is in the 100 year, but not the house.
Chairperson Prouty states that if the work being done is in the 100 year flood plain a filing with
the Conservation Commission is required. Chairperson Prouty reads into record a memo from
Henry Kozloski, Conservation Commission Chairperson stating the same.
Chairperson Prouty opened the meeting to the public, although no one is present to speak for or
against this petition.
Chairperson Prouty indicated tliat all zoning requirements will be met. The addition is above the
base flood elevation.
Chairperson Prouty closes the public hearing and goes directly into a public meeting. Chairperson
Prouty makes a motion to approve the Special Permit with the following conditions and explains
the appeal procedure:
1. The proposed addition shall be constructed according the plan entitled"Plan of Addition, 68
Katherine Dr.", drawn and stamped by Paul Smith, Professional Land Surveyor, 319 Shaker
Road,East Longmeadow, MA, dated January 21, 2011 and signed by the members of this
Board.
2. All zoning and building requirements are to be met.
3. The petitioners must file with the Agawam Conservation Commission to determine if
approval is required.
4. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit" form, which shall be provided by this Board and proof of said filing must be
submitted to this Board and to the Inspector of Buildings.
5. This Special Permit shall become null and void if construction does not commence within two
(2)years from the slate of this decision.
Vote: Prouty-yes, Maggi-yes, Marmo-yes
2. Motion to approve minutes of February 28, 2011 as corrected by Chairperson Prouty. Mr. Marmo
seconds. Member Maggi abstains.
3. Motion to adjourn at 7:00 P.M. by Chairperson Prouty, seconded by Member Marmo. All were in
favor,none opposed.
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KIYI
BOARD OF APPEALS PUBLIC MEETING February 28, 2011
The following members attended the public meeting:
Doreen Prouty - Chairperson
James Marmo—Vice Chairperson
Gary Suffriti- Alternate
Chairperson Prouty opened the meeting at 6:30PM.
J Q
1. Case# 1873: Dennis King CD
Chairperson Prouty opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Doreen Prouty, Gary Suffriti and James Marmo.
Chairperson Prouty explained the procedures of the meeting.
Representing the petitioner is Mark Shute, D.L. Bean, 40 School Street, Westfield,MA. Mark
advises the board that the petitioner is seeking a variance to allow him to build a single family
dwelling on his property. There is currently 400' of frontage on the proposed continuation of
Franklin Street Ext.. The topography of Franklin St. Ext. is so severe that the street cannot be
continued or used. There is 50' of frontage on Mountain View Street. The site is 8.4 acres.
Mark also describes the parcel to the board.
Chairperson Prouty asks Mr. Shute to come forward and explain the location of the pond and
stream on the properly. Chairperson Prouty also asks about Franklin St. Ext. Mark Shute states
that the slope exceeds 20%and for comparison purposes, he explains that a subdivision requires
8%. Mr. Shute provides a draft plot plan to the board. He also advised the board that he will file
a Request for Determination with the Conservation commission.
Member Suffriti asks what the distance of the proposed home will be to the abutting neighbor's
rear property line. Mr. Shute explains that it is about 160' and the side yard is about 50'.
Chairperson Prouty read into the record a memo from Sgt. Richard Niles stating "it would appear
this project would have little negative impact to pedestrian, bicycle, and/or motor vehicle safety"
and a letter from an abutter, Susan Gosselin O'Hare, 54 Mountain View St. dated 2/28/11.
In response to the letter from abutter, petitioner Deborah King states they have not been dumping
snow on the property. The property that Ms. O'Hare is referring to is not the property in question
but abutting property owned by Ernie Malone. Mr. Malone stated that Rosati Trucking is
dumping snow on his property.
Chairperson Prouty opened the meeting to the public
No one speaks in favor of the petition.
Robin Wozniak, 42 Mountain View Street asks where the house will be built on the property.
Chairperson Prouty invites them to view the plot plan and anyone else who would like to see it.
She advises them that the house will be 160' behind their parcel and she explains the right of way
to her.
Roger Kardin, 36 Mountain View Street, states that the right of way is blocked by snow because
of the plows. Member Suffriti states that Engineering comments have not been received.
Chairperson Prouty explains to the audience what criteria is needed to obtain a variance.
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No one else speaks against.
Chairperson Prouty closes the public hearing at 7.05 PM and goes directly into a public meeting.
She states that she feels the board can vote in favor of this variance and reviews the findings.
Chairperson Prouty makes a motion to approve the Variance with the following conditions:
1. This Variance provides relief to the subject property identified as Parcel 1 and Parcel on a
plan entitled"Mountain View, Agawam, MA" stamped by the Hampden County Registry of
Deeds on June 1, 1951 and signed by the members of this board on February 28, 2011.
2. This variance provides relief from the frontage requirement of Section 180-41 of the Agawam
Zoning Ordinances only. All other zoning requirements must be met.
3. This Variance is granted to allow for the construction of one single family dwelling on the
subject property.
4. A single lot must be created from the two separate lots which create the subject property
before a building permit can be granted.
5. The petitioner must go before the Agawam Conservation Commission for approval before a
building permit can be granted.
6. The petitioner shall record with the Hampden County Registry of Deeds a`Notice of
Variance" form, which shall be provided by this Board and proof of said filing must be
submitted to this Board and to the Inspector of Buildings.
7. This Special Permit shall become null and void if construction does not commence within one
(1)year from the date of this decision.
Vote: Prouty-yes, Suffriti-yes, Marmo-yes
Chairperson Prouty explains the twenty day appeal period.
2. Motion to approve minutes of February 14, 2011 as corrected by Chairperson Prouty. Mr. Marmo
seconds. All in favor, none opposed.
3. Motion to adjourn at 7:25 P.M. by Chairperson Prouty, seconded by Member Marano. All were in
favor,none opposed.
2
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BOARD OF APPEALS PUBLIC MEETING February 14, 2011
The following members attended the public meeting:
Doreen Prouty - Chairperson
James Marmo—Vice Chairperson
Gary Suffriti -Alternate =
Chairperson Prouty opened the meeting at 6:30PM.
ra
1. Case# 1872: Gary Nardi
Chairperson Prouty re-opened this public hearing. Member Maggi was unable to atte d,therefore
member Suffriti will be sitting in as an alternate member and has signed the Mullins Rule
certification and has reviewed the materials of the case and the minutes from the prior meeting.
A letter from Attorney Gary Liquori, dated Jan. 14, 2011 read into record.
Attorney Gary Liquori states he feels his client should not have to go before the Conservation
Commission prior to obtaining ZBA approval. There is nothing in the Zoning Ordinance which
would require that. He also feels it is not economical to spend the money on a notice of intent
with no guarantee of a ZBA approval.
Chairperson Prouty states she supports the project although a variance is stringently given. Three
conditions must be met. She states that some proof is needed that there is a substantial hardship.
The shape by itself is not a hardship. Member Suffriti feels that the wetland is the hardship. He
has seen the property and feels that the location of the house is the only spot they can build. He
feels that the board should grant subject to Conservation Commission findings. Chairperson
Prouty believes the petitioner that it is the only location but needs proof. Gary Nardi states that
he would not put the house on any other sport on the property due to the wetlands.
Chairperson Prouty states that the deed states Western Mass Property Services is the owner. Gary
Nardi states that he is the president. Chair Prouty indicates that the Variance would be given to
the property owner. Attorney Liquori states that the deed will be transferred to Mr. Nardi and his
wife prior to the house being built.
Chair Prouty also states there are two parcels on this location and the property is currently
delineated separately, but there is one owner. The lot on which the house is to be built has no
frontage. She asked the petitioner if he will be combining to one parcel. Mr.Nardi indicates he
will and would be willing to place that as a condition.
Member Suffriti states again that he supports the project and agrees that this is the only spot
where Mr. Nardi can put his house on this property.
Chairperson Prouty closes the public hearing and goes directly into a public meeting.
She states that because Member Suffriti is an experienced contractor and knows the property well,
she is willing to grant the Variance based on the following conditions:
1. This Variance provides relief from the frontage requirement of Section 180-27 of the Agawam
Zoning Ordinances only. All other zoning requirements must be met.
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2. This Variance is granted to allow for the construction of one single family dwelling on the
subject property.
3. The single family dwelling is to be constructed as shown on the plan provided entitled, "Gary
Nardi, 46 Cottonwood Lane, Agawam, MA" and signed by the members of this board on
February 14, 2011.
4. A single lot must be created from the two separate lots which create the subject property
before a building permit can be granted,
5. The deed of this subject property must be transferred from Western Mass Property Services to
the petitioner and his wife,Gary and Darilynn Nardi,before a building permit can be granted.
6. The petitioner must go before the Agawam Conservation Commission for approval before a
building permit can be granted.
7. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit" form, which shall be provided by this Board and proof of said filing must be
submitted to this Board and to the Inspector of Buildings.
8. This Special Permit shall become null and void if construction does not commence within one
(1)year from the date of this decision.
Chairperson Prouty also explains the appeal period and calls for a vote:
Vote: Prouty-yes, Suffriti-yes, Marmo-yes
2. Motion to approve minutes of January 10, 2011 as corrected by Chairperson Prouty. Mr. Marmo
seconds. All in favor, none opposed.
3. Chairperson Prouty, Member Maggi and Member Marmo all would like to attend the CPTC
conference on March 10. Jennifer will request approval through Mayors office and will register
participants.
4. Motion to adjourn at 7:10 P.M. by Chairperson Prouty, seconded by Member Marmo. All were in
favor, none opposed.
2
BOARD OF APPEALS PUBLIC MEETING January 10, 2011
The following members attended the public meeting: '
Doreen Prouty - Chairperson
James Marmo —Vice Chairperson
Richard Maggi -Alternate
Chairperson Prouty opened the meeting at 6:30PM.
1. Case# 1872: Gary Nardi
Chairperson Prouty opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Doreen Prouty, Richard Maggi and James
Marmo. Chairperson Prouty explained the procedures of the meeting.
Representing the petitioner is Attorney Gary Liquori, 84 Park Street, West Springfield, MA. The
petitioner is seeking a variance to allow him to build a single family dwelling on his property.
According to the zoning by laws,the frontage should be 110' and is 50'.
Chairperson Prouty asks for clarification on where the frontage of the house is on the plan and is
shown by the petitioner and also asks if the parcel has ever been sub-divided.
Chairperson Prouty states that the petitioner needs to prove to the Board the special circumstances
to obtain a variance. She states that the petitioner needs to get Conservation Commission
approval which would prove that this parcel is unique so that a variance can be obtained.
Chairperson Prouty adds that a variance must meet three stipulations:
1. Soil conditions, shape or topography
2. Substantial hardship (not monetarily)
3. No detriment to the neighbors.
Mr. Nardi has decided to put the house where it is shown on the plan to be in line with the
existing houses on Wright Street and closer to utilities.
Chair person Prouty feels the Board needs some more substantial information which would prove
hardship if the rest of the land is buildable.
Chairperson Prouty read into record a memo from Sgt. Richard Niles stating "it would appear this
project would have little negative impact to pedestrian, bicycle, and/or motor vehicle safety"and a
memo from the Conservation Commission.
Member Marmo asks if Henry Kozloski, Conservation Commission Chairperson has seen the
property. He is in the audience and states that he has seen the property but he could not do a
delineation before April, due to the weather.
Chairperson Prouty opened the meeting to the public
Donald Cook, 129 Birch Hill Rd. supports the project. Phil Preston, 63 Wright Street is
concerned that there would be a sub-division but does support a single family dwelling.
Glen Chamberlain, 52 Wright Street also supports a single family dwelling but not a sub-division.
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No one spoke against this petition.
Attorney Gary Liquori would like Conservation Commission determination to be part of the
condition rather than continue hearing.
Motion to continue meeting to Monday 2/14/11 at 6:30 PM.
Vote: Prouty-yes, Maggi-yes, Marmo-yes
2. Motion to approve minutes of November 22, 2010 as corrected by Chairperson Prouty. Mr.
Marmo seconds. All in favor, none opposed. Member Maggi abstains.
I Motion to approve executive session minutes of November 22, 2010 as corrected by Chairperson
Prouty. Mr. Marmo seconds. All in favor, none opposed. Member Maggi abstains.
4. Motion to adjourn at 7:25 P.M. by Chairperson Prouty, seconded by Member Marmo. All were in
favor, none opposed.
2
BOARD OF APPEALS PUBLIC MEETING _ September 13,2010
The following members attended the public meeting: -
Doreen Prouty- Chairperson
James Marmo—Vice Chairperson
Gary Suffriti-Alternate
Richard Maggi-Alternate
Jennifer Bonfiglio - Secretary
Chairperson Prouty opened the meeting at 6:30PM.
1. Case# 1869: Wendy's International ti_
Chairperson Prouty opened this public hearing by reading the legal notice and introducing the
members of the board. Sitting on this case were Doreen Prouty, Gary Suffriti and James Marmo.
Chairperson Prouty explained the procedures of the meeting.
Representing the petitioner is Timothy Coon; J.R. Russo and Assoc.. Mr. Coon introduced the
owner of the property; Jay LeFebvre, Wendy's representative; John Derr, and Traffic Engineer
from Conley& Assoc.; Jennifer Conley.
Mr. Coon stated the site is zoned Business A and is 3.5 acres. There was formerly a 12,000 sq.
foot building on site. In April,2009 a 9,OW sq. foot building was approved with a special permit
for a drive through. The current proposal is for a 3,300 sq. foot Wendy's Restaurant with a single
curb cut, one way circulation with a drive through and bypass lane. The site has 55 parking
spaces. Mr. Coons has met with Town staff in July and has received input from Planning,
Engineering, Fire and Police to develop the plan. A traffic report has also been submitted.
Member Marino questions why there is only one curb cut with three points of entry/exit. He feels
it will be unsafe and could cause an accident. He also feels believes that a tractor trailer will not
be able to fit.
Jennifer Conley states that the entrance has been designed so tractor trailers will have enough
room to enter. She also states that she met with the engineering departments and both agreed that
one major conflict point rather than multiple is the safest way.
Member Marmo asks why Wendy's in West Springfield was not also re-designed when it was re-
built. John Derr states that they didn't change the curb cuts in West Springfield because they
were existing although a bypass lane was added.
Tim Coons states that Town plans to restripe the street in front for left turns into Wendy's.
Jennifer Conley spoke with the Town and it will be a shared left turn bay in the middle of the
road, which will better control traffic.
Chairperson Prouty read a letter dated 8/5/10 to the Zoning Board from Sgt. Richard Niles.
She in concerned because the shared left turn lane is not mentioned.
Member Maggi states that the exit is 24', but questions how big the entrance is and wonders if the
site is similar to any other Wendy's. He is also concerned with the double lanes of traffic and the
amount of foot traffic. He asked if a barrier can be placed separating the entrance and exit lanes.
Jennifer Conley indicates that a tractor trailer needs all three lanes to enter the site which is done
on off hours only between 1:00 and 5:00 A.M.
Member Suffriti states that this is a busy area and this plan seems to be the best way to enter and
exit the site, but agrees that it will be tough.
Chairperson Prouty reads into record a letter dated 7/28/10 from the fire chief stating no
objections, a memo from Town Engineering to Tim Coons dated 9/10/10, a memo from
Engineering to Planning dated 8/19/10 stating the traffic study has been approved,a memo from
the Planning Board to John Derr approving the site plan dated 8/20/10, and Conservation
Commission order of conditions approval dated S/12/10. 1
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j Member Marmo asked how big the directional sign is at the entrance. 2x2 feet.
Member Suffriti asked if there is a fence along the back portion. Tim Coons advised there is
currently a fence on the back side to protect area from drop off to swale.
Member Maggi asked if the elevation will change. Tim Coons advised it will and Chairperson
Prouty advised that Conservation Commission has dealt with that. Member Maggi also asks what
will tell the driver where to go when they enter. Tim Coons advised that there will be reflective
painting and signage.
Chairperson Prouty asked about a memo from Deb Dachos;Planning Director to Stop and Shop
re: an easement right. Tim Coons states that Stop and Shop has the plan and is reviewing it which
would possibly allow access from Stop and Shop to the Wendy's site.
Member Marino is concerned that the ZBA would be held liable shall there be an accident.
Member Suffriti states that the Board can only make an informed decision based on the experts
and licensed professionals. Member Marmo still feels that West Springfield Wendy's has a better
plan.
Chairperson Prouty opened the meeting to the public. Barbara Cecchi 102 North Westfield
Street, states that the community shops across the street has a barrier separating the entrance and
exit and feels that works better. She also questions that on the map there appears to be a path.
Tim Coons states that there appears to be an existing path they will not enhance or change. Mrs.
Cecchi states she is worried about kids, foot traffic, and trash. She would like to see some fencing
or something to prohibit the foot traffic. Peter Cecchi, 102 North Westfield Street; not against the
plan,but agrees with his wife Barbara. Attorney Brad Moir,Westfield representing Sprocket
Realty(Phipps Liquors). They feel they have rights to the parking spaces. For more than 20 years
they have shared parking spaces. He also states that the Board has the discretion to deny the
special permit and also states that Sprocket Realty's objection is to the potential loss of parking
spaces and loss of access. Member Maggi states that Stop&Shop has a light which is why access
will work with them if they grant it. Member Maggi asks how many spots were lost by Sprocket
Realty(Phipps Liquors). They feel it was a shared lot, so more than 20 spaces are lost. Currently
they have 15 spaces at the liquor store. Jay LeFebvre; Coyote Realty, states the layout was
different last time. Chairperson Prouty explains the rights claimed by Sprocket Realty is a legal
issue and is not before this Board. Sprocket has only owned the property for four years.
Member Maggi asks the petitioner if they can retract the landscaping for a larger entryway.
Chairperson Prouty states that would create a greater risk for pedestrians.
Tim Coons states the initial plan called for an easement and access to Phipps but Engineering
objected to it due to safety concerns.
Chairperson Prouty read into record three letters from Joyce Wesley dated 7/27, 8/11 and 8/20.
Chairperson Prouty asks for any closing comments.
Tim Coons feels that they have addressed all town staff concerns and they meet the requirements
of the special permit.
Chairperson Prouty explained the twenty day appeal period. Attorney Brad Moir asked for a copy
of the decision to be mailed to him. Chairperson Prouty closed the public hearing and went
directly into a public meeting. Member Marmo indicated that he was not ready to vote and would
like to get more information from Engineering. Chairperson Prouty motions to rescind the vote to
close the public hearing and go back into a public meeting, 2nd by Member Suffriti. Vote :
Unanimous. Motion to continue the public hearing until September 27a' at 6:30 PM. 2nd by
Member Suffriti. Vote: Unanimous
2. Motion to approve minutes of August 23, 2010 as corrected by Chairperson Prouty. Vote:
unanimous.
3. Motion to adjourn at 7:50 PM by Chairperson Prouty, seconded by Member Maggi. All were in
favor. 2