DAMATO, RALPH AND FREDERICK - DOUBLE D REALTY D'Amato, Ralph & Frederick
"D I OUBLE D. REALTY #929
F-T�07UBLE D REALTYouth Westfield St .
OVAMi11 St. Holland Dr.
DE MATOS
PLANNING BOARD
AGAWAM, MASSACHUSETTS
y
�o�PoA Mpy�
ATE0
M ay 25, 1972
Mr. Edward Caba
Town Clerk
Agawam, Mass.
Re: Amherst Avenue #666 Form A
Fear Mr. Caba:
The Planning Foard signed plans on May 23, 1972, on the above.
Very truly yours,
harl s Calabrese, Chairman
C e C
C/1
MAY 2 q2 pZ,
f
I UWj��O���C�
TOWN CLERK -
FORM A
r
APPLICATION FOR ENDORSEMENT
OF PLAN BELIEVED NOT TO REQUIRE APPROVAL
File one completed form with the Planning Board and one
copy with the Town Clerk in accordance with the requirements of Section II-B.
May 19 72
Agawam, ,Mass. . . . . . .. . . . . . . I9. . . . . .
To the Planning Board:
The undersigned, believing that the accompanying plan of his property in the Town of Agawam
does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith snbmits
said plan for a determination and endorsement that Planning Board approval under the Subdivision Control
Law is not required.
1. Name of Applicant , Max Weins Lein t Gerda Weinstein 6 Lester H. Evarts
71 Whitehill Dr. , W. Hartford, Connecticut,
Address . . . . . . . ... . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . ... . . . ... . . . .
2. Name of Engineer or Surveyor . Albert E. Nichols 6 Associates , Inc.
Address . _ 6Q. .Jacks on. St., ,Holyoke ,. .Mass . . . . . . . . . . . . . .. . . . . ... . . . ... . .
:f. Deed of property recorded in Hampden County Registry of Deeds Registr3•,
Book . . .33,26. . . . . . . . . . . Pa-e . . . .293. .&. .?p.6. . . . . . . . . . . . . . . . . ... . . . . .. . . . . . . .
0
4. Location and Description of Property:
See Appendix A. attached.
Note: The reason for the request of the stamp of the Planning Board
"Approval Under Sub-division Not Required" is to comply with the
rules of the Land Court which require clearance through the Planning
Board before the plan can be accepted. Compliance with this rule
eliminates the neeessity .of naming the Town as a party in Land
Registration cases. There is no subdivision involved and this plan
will not be recorded in the Registry but will be on file with the
Registration Case in the Land Court. 7 , �.,
Y? " L"--
`''� arr�riwrrrring Beard
1•!v
�t3a�� Mass.
Signature of owner l.(,l. . . . .
Attorney for Petiti er
Address .6.2 . Su#field St.. .Agawam . . . . . . .
f�ii•i:Pii} E::.. A
sl- 6C
beginning at a stonc hound an the southeasterly corner W
Aga :am .rousing Authority on Land Court Certif ica ze 84717 ,
mining
S. 20 04 ' 30" W. one hundred thirty--three and; 20 /100 (133 . 20 )
feet to a stone hound at the northeasterly corner of land now
or formerly of :usick ; thence
K. 859 26 ' 30" W. along said Fusick lard and land of 7elevo ,
six hundred thirty-one and 6O i. O (631. 60 ) feet to an iron pin
at the northeasterly corner o: land now. or formerly of one Fears ;
thence
N. 830 331 30" W. along Fearn land , one hundred three (10 3 ) feet
to an iron pipe ; thence
S . 60 261 30" W. fifty ( 50) feet to a point ; thence
N. 830 331 30" W. fifty (50 ) feet to a point ; thence
N. 60 261 30" E. ten ( 10 ) feet to a point ; thence
N. 830 33 ' 30" W. one hundred one and 13/100 ( 101 , 13 ) feet to a point ;
(the last five courses are along the land of said Fearn , ) thence
N. 60 191 .30" E. along land of Isham and Brown , eighteen and 83 /100
(18. 83 ) feet : thence
N. 26' 11 ' W. along land of Isham and land of Vergnani, one hundred
sixty-four and 42/100 (164 .42 ) feet to a point ; thence
S . 851 43 ' 10" E. a combined distance of eighty-two and 91/100 ( 82 . 91)
feet to a point ; thence
N. 540 56 ' E. along the northerly line or Lot # 17 (seventeen) , ninety-
two and 65/100 (92 . 65 ) feet to a point ; thence
S. 330 57 ' E. seventy-four and 78/100 ( 74 . 78) feet to a point ; thence
S. 850 43 ' 10" E. , fifty and 92/100 ( 50. 92 ) feet- to a point ; thence
N . 330 •57' W. , seven and 08/100 ( 7 .08) feet to a point ; thence
N. 541 561 E. one hundred (100 ) feet to a point ; thence
S. 331 57 ' E. eighty-seven and 70/100 ( 87 . 70) feet to a point
at the southwesterly corner of the Agawam Housing Authority land ,
as shown on Land Court Certificate # 4717 ; thence
S . 850 411 45" E. along the southerly line of said Agawam Housing
Authority land, five hundred eighty-five and 92/100 ( 585 .22 ) feet
to the stone bound at the point of beginning.
Conzaining 3 . 152 acres of land.
Being the land shown on 'Flan of Land in Agawam, Mass . .for Anthony
A. DeMazos by Albert E. Nichols E Assoc. dated February 1965 . "
submitted herewith .
9000
Rum . all men bp tl)ror rrotuts
that We , WILLIAM F. FEARN and JUDITH L. FEARN, husband and
wife of Agawam, Hampden County, Massachusetts
for consideration paid, grant to ANTHONY A. DeMATOS and RITA Y. DeMATOS ,
husband and wife of Agawam, ,Hampden County , Massachusetts , as
tenants by the entirety and not as tenants in common,
Quitclaim
with NMVrO p Covenants.
situated in said Agawam, bounded and
That certain real estate/described as follows :
All our right, title and interest in and to' the land lying
Northerly of the following described line :
Beginning at a point on the Westerly line of a right-of-way
as shown on a Plan dated April 18 , 1952 and reeorded ' in
Hampden County Registry of Deeds in Book of Plans 36 , Pape
53 ; said point being in the Northeasterly corner of tardel 2
conveyed to us by deed of Edward J. Sepanek, et ux dated
January 24 , 1964 and recorded in said Registry in Book' 3006 ,
Page 537 ; and
` Runninp thence Easterly across said right-of-way in a line
which is a continuation Easterly of the Northerly ,line as
described in Parcel 2 in the above mentioned deed in Book
3006 , Page 537 , a distance of 50 (fifty) feet, more or less ,
to a Doint on the Easterly side of said right-of-way as
shown on the above mentioned plan recorded in - Book of Plans
36 , Page' 53 . ;
. 110 stamps required,
And for said consideration, I WILLIAM F. . FEARN, husband of JUDITH L.
FEARN , and I , JUDITH, L. FEARN, wife of WILLIAM F. FEARN
hereby release to said grantees all rights of dower, curtesy and homestead. and
other interest in the granted premises.
Witness our hand-s and seal-s this G YZ
day of April A. D. 196 5
' Signed and Sealed in presence of
...: - ..............L. S.
C �...'�-�'c .L.-"-..........L. S.
.P GU. �' D`• ........................................................ .................. .L. S.
ounmonwratO of fRal" ar4utlrf f
Hampden ss. April L0 1965
Then personally appeared the above named WILLIAM F. FEARN
and acknowledged the foregoing instrument to be _ t�re�r f ji S free act and deed.
before me—
L ... .....Notary Public.
RECEIVED My commission pires ��GG4,C1 �Gi -
ARR161 '5
` ATaID
t REG'D FROM T14.5- lNINAL ,�,�
6
TONVN ST. Aznh ,C5_f Ave LAND COURT CASE NO. {'
PETITIOiCER lr-_Zf SUiIVEYOII
COUNSEL BB eZ2 IWr-Z A- yo
96- 4A& _S' . . SpLiwii n. P 0/103 DATE
.r
PETITIONER'S PLAN MAY NDY BE FILED IN LAND COURT
C. M. Anderson, Engineer for the Court By
SUBJECT TO THE FOLLOWING-
1. ( ) Bounds, stone or concrete, 21. ( ) Bearings should be consistent
to be set on locus. with North Point.
2. { ) Land Court disks to be set on locus. 22. ( ) North point True or Magnetic.
3. (L*/Label or show street widths. Air7 h ers i A✓env C 23. ( ) File traverses on property lines.
4. ( ) Label streets (Public),-or'-' - -'� ( ) Block traverses of interior lots.
(Private). � 4��� �
1 iJ 26. ( ) Give distances and bearings or
5. ( } Show nearest Public street y,, f �' angles on property lines.
cone. or nearest cos street. ( ! 1 "f r'
26. { ) Error of closure too large.
6. { ) Atlas location of locu�
'~ - .--""�~ 27. ( ) Show "Mean High Water Mark"
7. ( ) Show easements and connect to~ and label.
locus.
28. ( ( Show "Mean Low Water" and label.
+ 8. ( ) Connect to Mass. Geodetic Survey
Sta. and bearing system. 29. { ) Show water courses and label.
9. (011"Connect to adjacent L.C. Case*j Z1336 iv!f A 30. ( ) Ponds-Private or Great Ponds.
LPnnec'�iOq AP 4-44'//OrIA./ /y1.p�y(Jg7Bnf3
10. ( ) Connect to State Highway with fhQ� Ch CS /,3Z,if8�1. ( ) Redraft plan with top in
monts. & stas. �& Northerly direction
11. ( ) Connect to R.R. base lines with �� 32. ( ) Plan in India ink on ink tracing cloth.
monts. & stas.
33. ( ) Plan size to be (18"X 24" ( )
12. ( } Connect to official street bounds (24"X 36" ( )
on each side of locus. (or larger ( )
13. ( ) Show to what parts of building 34. ( ) Show the Engineer's name and
offsets taken, full address.
14. ( hotiv building on locus. tTlier^� !S Qt r� ' 35. (j�Have your engineer certify that
!{,5 a 5,nGht �Or 64,j/�in-ys��195'8�J OD the conditions on the grounds are
15. ( ) Definwline through wall and shl5w the same to ay as they were whe
thickness. surveyed -AP-AP s lo,2'Plegdq
16. ( ) Names of abutting owners. 36. ( ) Have your engineer file with us
a statement or sketch to answer
17. ( ) Show owner's names opposite questions checked.
F locus on private ways. '
37. (1,o<51anning Board endorsement necessary.
18. ( } Green tint on boundry line
of locus. 38. ( ) Add the Seal of the Registered Land Surveyor.
19. ( ) 1959 Certificate added ( ) signed. 39. ( ) Other, items listed below.
20. ( ) Area of locus.
LC E-P-2. 2M-10•62-934018
rl
1.0
rivat:'g �f'ialrf1;11P,Board 10
hfs"�'vam, i'.1ri5s.
FAQ TOWN OF AGAWAMOW11 C'C��
- MASSACNUSG I I AGMI M`' SSG
AbG 23 FM 2- 15
BOARD OF APPEA&
yc�
D Mp
�1 DECISION OF BOARD OF APPEALS
D.te August 18, 1982
Petition of Frederick H. D'Amato
Promises affected Rear 595 Mill Street Case #1009
The original permit for this parcel of land was granted by the
Board of Appeals on June 30, 1971, Case #722. The permit was
extended for additional two year periods by the Board of Appeals
in 1974., 19761 1978 and 1980.
On July 8, 1982, a public hearing was again held to determine
whether the permit should be extended for an additional two years.
The Board weighed carefully all the facts presented at the public
hearing, and reviewed the stipulations as set forth in the original
Special Permi6. The Clerk of the Board at the time of the original
application, researched the many deeds on the parcels of land
involved in this and other fill removal projects in the general
area. Many of these smaller parcels were divided from larger
acreage and quite a few deeds do not indicate any method of ingress
and egress. Some of these parcels have the use of the right of
way designated as 595 Mill Street. Most of these old right of
ways were utilized for logging, farming and other non-commercial
uses.
It is the opinion of the Board that the oimers of fill removal
projects provide their own legal means of ingress and egress. The
traversing of other people 's lands on non-defined right of ways,
and any problems of legality of such right of ways, is a matter
for the litigants or the courts to decide.
The Board is not an arbiter of right of ways nor has it the power
to authorize the use of any right of ways for commercial purposes.
It is however within the power of the Board to prohibit the use of
any right of way that affects the health, safety and general welfare
of the inhabitants of the Town of Agawam. Therefore, this Board
specifically prohibits the use of the right of way designated as
595 Mill Street for any fill removal or commercial project. The
traversing of this right of way by huge trucks carrying 20 to 30
tons of fill is definitely detrimental to the health, safety and
general welfare of one Anthony Pisano whose home is located one
foot (1.) from this twelve- foot right., of V�ay. .This Board does not
,prohibit the use of this right of way for normal -non-business uses
FA TOWN OF AGAW4,A,
- MASSAC14USET
AUG 2
+� BOARD OF AP ALS
DECISION OF BOARD OF APPEALS
arEo
Date August 18�1982
Petition of Frederick H. D'Amato
Premises affected Rear 595 Mill Street Case #1009
- Page 2 -
by the respective oviners of these lands.
The Board also concluded the following in arriving at a judical
decision:
1. There have been no recorded violations of the existing
Special Permit since its original granting.
2. Since the granting of the original Special Permit -on
June 30, 1971, the fill removal operation has not yet '
commenced.
3. The easterly line of the petitioner's property abuts a
fill bank now or formerly operated by one Carmella E.
Smith.
4. The westerly line of the petitioner's property abuts land
now enjoying Special Permits for fill removal.
Upon weighing all of the evidence, the Board concluded that to
deny the petitioner the right to remove fill from the premises,
in as much as this is the only benefit to be derived from same,
would impose a financial hardship on him.
Again, any relief granted the petitioner would not be detrimental
to the public good as suitable control measures could be imposed
to protect all concerned.
Finally, it was felt by the Board that in as much as the physical
character of the immediate area had already changed, due to the
presence of at least two 'Mill banks", that permitting an additional
such "bank" under strictly enforced conditions would not substantially
derogate from .the intent of the existing Town Ordinances.
Therefore, the Agawam Board of Appeals, by unanimous vote, grants
an extension of the existing Special Permit for the removal of fill
as requested, subject to the following conditions:
� ry
FA TOWN OF AGAWAM TOW'14-,Cllfl�, OFFICE
MASSAC14USETTS ;GAYJA.M. MASS-
1% BOARD OF APPEALS 15az Auc,23 PH2: s
z .
DECISION OF BOARD OF APPEALS
ArED MP
DA, August 18, 1982
Petition of Frederick H. D'Amato
Premises affected Rear 595 ,Mill Street _ SP A OQQ
Page 3 -»
1. This permit shall be for a period not to exceed (2)
two years from the date of this decision.
.2. The permit shall not become operative until the Building
Inspector has proof that the_)petitioner has filed with
the Treasurer of the Town of Agawam, a performance bond
in a form acceptable to the said Treasurer in the amount
of three thousand seven hundred and fifty dollars (3750.00) .
3. The petitioner shall comply fully with requirements laid
out in Section 20-8, General Provisions, Paragraph g--3,
9-3a, g-3b, 9-3c and 9-3d of the Town Ordinances, which
deal with grades and topsoil treatment, excepting
Paragraph g-3b shall not be applicable in that part of
the premises where a common property line exists with an
abutter who may also be removing fill from his land under
authority granted by the Board of Appeals. In such an
instance, "fill" in the vicinity of such a common property
line may be removed to a pre-determined elevation agreed
to by both ovners. A copy of any such agreement would be
required to be filed with the Board prior to any such
removal.
4. Adequate oil penentration shall be applied to the route
of travel established by the interested landowners to
eliminate any dust nuisance.
5. The petitioner and/or others interested in. fill removal
shall provide adequate protection to the Town of Agawam's
water line that exists within the limits of Franklin Street
Extension, so called, to ensure no damage is caused to
same by truck traffic passing over.
6. No fill shall be removed from the premises before eight
(8) o'clock A.M. or after five (5) o'clock P.M.
` 7.- No fill shall be removed from the premises on Sundays or
legal holidays.
FA TOWN OFAGAWA410� M,
MASSAC14USMS 8� AUG 23 2: �6
+� BOARD OF APPEALS
DECISION OF BOARD OF APPEALS
ATEO MP _
Date _August 18 1982
Petition of Frederick H. D'Amato
Premises affected Agar 595 Mj-J l Sxant - Cn. ,g -41.GlQ9
- Page 4 -
r
8. No moving of other materials, such as salt, etc. , with
the fill shall take place on the property and no such
materials shall be stored thereon.
9. The petitioner shall properly supervise the fill removal
operation so that no sand or other pollutants will
eventually flow into any waterways located either on
the petitioner's property or on the land of others.
10. All stumps, limbs and any other debris resulting from
any clearing done prior to fill removal, shall be
removed from the premises.
11. The petitioner shall constantly maintain a passable
right of tray through the premises so as not to interfere
with the reasonable rights of others in their legal use,
if any, of any such right of tray. The grade of any such
right of tray shall not exceed the maximum slope recommended
by the Massachusetts State Highway Department in laying
out state highways. Further, he shall maintain any such
right of tray so that the flow of any run-off Crater shall
be constant and not damned up.
12. The petitioner shall be solely responsible for any
damage caused to properties traversed during the period
of the fill removal operation.
13. Adequate traffic safety control of the trucks entering
and leaving a public way shall be provided by the
petitioner and/or his agent, to protect the vehicular
and pedestrian traffic on said public way. Any spill-
over of fill onto the public streets shall be removed
daily.
14. Upon completion of the fill removal operation, the
petitioner shall grade the excavated area so that no
stagnant pools of water will collect in the area.
0,
FAQ TOWN OF AGAWAM
MASSACHUSETTS TOWN 11RIN OFF10E
AGOIAM, MAS'j.
:r BOARD OF APPE P"F e z 3 2: 17
z
DECISION OF BOARD OF APPEALS
gTEq MP
Date August 18, 1982
Petwon of Frederick H. D'Amato
Premises affected _ Rear-995 Mill Strept _..__ rA4A Alaf)q -
-- Page5 -
15. . Also, any further requirements recommended by the Building
Inspector and/or the Board of Appeals during the fill
removal operation which, in their opinion, is for the
public good, will be promptly acted upon by the petitioner.
If the petitioner fails to take such prompt action, the
Building Inspector may terminate the operation.
16. Evidence of a final determination as to a suitable means
of ingress and egress, agreeable to all parties concerned,
must be presented to the Board prior to the commencement
of operations.
�ta L f3 L
TOWN OF AGAWAM '*rj60q9
MASSACHUSMS
ff. fff
o pN►Py�� '"'' �' BOARD OF APPEALS
No,
JUN Filed 119 ^�
- � Hearing }
�—��—•—•--
1.
Application to Board of/Appeals for Permit
to move loam, gravel, etc.
Applicant Addrese � Q �(� �il _
Application is hereby made for permission to remove k from the property
owned by applicant.
Premises affected are situated on Street feet distant from
the corner of _-� Street and known as N1JMBi R Street. Property
is Zoned ae
Area of plot affected is square feet. Depth of proposed excavation is i
inrhe9 below present grade. Front line of plot is feet from street line.
r
TOWN OF AGAWAM
FICE
P.W
�L8t�t10�ul�t It$�SE�i�a�
tanat e o caner or his authorized Agent
NOTIM. -- This application must be filled out in ink or typewritten.
i
FAQ TOWN OF AGAWAM
TOWN CLERK OFFICE
MASSACNUSETTS AGA6 AJ1- ,
BOARD OF APPEALS 1980 JUL 18 PR 12: 32
DECISION OF BOARD OF APPEALS
C16 fJ
qhp /7
rl
Date July K, 1980
Petitioe of Frederick H. D'Amato
Promises effected Rear 25 Mill Street case #96,
The original permit for this parcel of land was granted by the Board of Appeals
on June 30, 1971, Case #722.
The permit was extended for additional two year periods by the Board of Appeals
in 1974, 1976 and 1978.
0n June 5, 1980, a public hearing was again held to determine whether the
permit should be extended for an additional two years.
The Board weighed- carefully all the facts presented at the public hearing,
and reviewed the stipulations as set forth in the original. Special Permit.
The Clerk of the Board at the time of the original application researched the
marq deeds on the parcels of land involved in this and other fill removal projects
_in the general area. Mapy-,of these smaller parcels were divided from larger
acreage and quite a few deeds do not-indicate any method of ingress and egress.
Some of these parcels have the use of the right of way designated as 595 Mill
Street. Most of these old right of ways were utilized for logging, farthing,
and other non.-commercial uses.
It is the opinion of the Board that the owners of fill removal projects
provide their own legal means of ingress and egress. The traversing of other
people's lends on non-defined right of ways,- and any problems of legality of
such right of gays, is a matter for the litigants or the courts to decide.
The Board is not an arbiter of right of ways nor has it tharipower to authorize
the use of any right of ways for commercial purposes.
It is however within the power of the Board to prohibit the use of any right
of way that affects the health, safety, and general welfare of the inhabitants
of the Town of Agawam. Therefore, this Board specifically prohibits the use
of the right of way designated as 595 Mill Street for any fill removal or
commercial project. The traversing of this right of way by huge trucks carping
20 to 30 tons of fill is definitely detrimental to the health, safety and
general welfare of one Anthony Pisano whose home is located one foot 11) from
this twelve foot right of' way. This Board does not prohibit the use of thiy
right of way for normal non business uses by the respective owners of these
lands.
The Board also concluded the following in arriving at a judical decisions
FA Q TOWN OF AGAWAM
y MASSACNUSETTS TOWN CLERIC OFFICE
AO'AWtIlig, MASS.
BOARD OF APPEALS tgao juL 18
DECISION OF BOARD OF APPEALS H 12 33
ATf 0
Date July 17 r 1980
Petition of Frederick H. D'Amato
Premises affected Rear 25 Mill Street _ case #261
— Page 2 —
1. There have been no recorded violations of the existing Special
Permit since its original granting.
2. Since the granting of the original Special Permit on June 30, 19719
the fill removal operation has not yet commenced.
3. The easterly line of the petitioner's property abuts a fill bank now
or formerly operated by one Carmella E. Smith.
4. The westerly line of the petitioner's property abuts land now enjoying
Special Permits for fill removal.
Upon weighing all of the evidence, the Board concluded that to deny the
petitioner the right to remove fill from the premisesil- n as much as this is
the only benefit to be derived from same, would impose a financial hardship
on him.
Again, any relief granted the petitioner would not be detrimental to the
public good as suitable control measures could be imposed to protect all
concerned.
Finally, it was felt by the Board that in as much as the physical character
of the immediate area had already changed, due to the presence of at least
two "fill banks*, that permitting an additional such "bank" under strictly
enforced conditions would not substantially derogate from the intent of the
existing `Sown Ordinances.
Therefore, the Agawam Hoard of Appeals, by unanimous vote, grants an extension
of the existing Special Permit for the removal of fill as requested, subject
to the following conditions:
1. This permit shall be for a period not to exceed (2) two years from
the date of this decision.
2. The permit shall not become operative until the Building Inspector
has proof that the petitioner has filed with the Treasurer of the
To= of Agawam, a performance bond in a form acceptable to the said
Treasurer in the amount of three thousand seven hundred and fifty
dollars (3750.00).
FA TOWN OF AGAWAM
o - 9 MASSACHUS07S TOWN AM,. OFFICE
A�AY�'�ii�. �it,SS.
+, - BOARD OF APPEALS 1980 JUL 18 PM 12: 33
y �
O y�1 DECISION OF BOARD OF APPEALS
ATE
Date—July_ 174 1980_
Petitio6 of Frederick H D'Amato
Premises affected Rea' 595 Mill Street Case #961
- Page 3 -
3. The petitioner shall comply fully trith requirements laid out in
Section 20--8, General Provisions, Paragraph g-3, g-3a, g-3b, g-3c,
and g-3d of the Town Ordinances, which deal with grades and topsoil
treatment, excepting Paragraph g-3b shall not be applicable in that
part of the premises where a common property line exists with an
abutter who may also be removing fill from his land under authority
granted by the Hoard of Appeals. In such an instance, "fill" in
the vicinity of such a common property line may be removed to a
pre-determined elevation agreed to by both owners. A copy of any
such agreement would be required to be filed with the Board prior
to arty such removal.
k. Adequate oil penetration shall be applied to the route of travel
established by the interested landowners to eliminate arty dust
nuisance.
5. The petitioner and/or others interested in fill removal shall
provide adequate protection to the Town of Agawam's water line
that exists within the limits of Franklin Street Extension, so
called, to ensure no damage is caused to same by truck traffic
passing over.
6. No fill shall be removed from the premises before eight (8)
o'clock R.M. or after five (5) o'clock P.M.
7. No fill shall be removed from the premises on Sundays or legal.
holidays.
8. No moving of other materials, such as salt, etc., with the fill
shall take place on the property and no such materials shall be
stored thereon.
9. The petitioner shall properly supervise the fill removal operation
so that no sand or other pollutants will eventually flow into any
waterways located either on the petitioner's property or on the land
of others.
10. All stumps, limbs, and any other debris resulting from any clearing
�OFAGq TOWN OF AGAWAM ���� C� Ff[ � ��
= 9 MASSACHUSETTS
AGAWAM. MASS.
BOARD OF APPEALS 1980 JUL 18 PM 12: �
y
DECISION OF BOARD OF APPEALS
RATED MA
Date_ July 17. 198Q
Petition of Frederick H. D'Amato
Premises affected Rear 595 M i3.1, ,Street _ Case_Mfil
- page G -
done prior to fill removal, shall be removed from the premises.
Certification of the removal of said items will be done by the .
Building Inspector prior to any such removal.
11. The petitioner shall constantly maintain a passable right of way
through the premises so as not to interfere with the reasonable
rights of others in their legal use, if arty, of any such right of
way. The grade of any such right of way shall not exceed the
maximum slope recommended by the Massachusetts State Highway .
Department in laying out state hightiays, Further, he shall
maintain any such right of way so that the fldw of any run-off
water shall be constant and not damned up.
12. The petitioner shall be solely responsible for any damage caused
to properties traversed during the period of the fill removal
operation.
13. Adequate traffic safety control of the trucks entering and
leaving a public way shall be provided by the petitioner and/or
his agent, to protect the vehicular and pedestrian traffic on said
public way. Andy spillover of fill onto the public streets shall
be removed daily.
14. Upon completion of the fill removal operation, the petitioner shall
grade the excavated area so that no stagnant pools of water will
collect in the area:
15. - Also, any further requirements recommended by the Building Inspector
and/or the Board of Appeals durir- the fill removal operation which,
in their opinion, is for the public good, will be promptli acted upon
by the petitioner. If the petitioner fails to take such prompt
action, the Building Inspector may terminate the operation.
16. Evidence of a final determination as to a suitable means of ingress
and egress, agreeable to all parties concerned, must be presented to
the Hoard prior to the commencement of operat
211,71P 111,6106 fl/18Y90
BOARD OF APPEALS MEETING June 5o 19800
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The following members attended the 7:30 P.M. meetings
John Juliano, Acting Chairman
Ronald Hebert, Acting Vice Chairman
Ronald LaRiviere, Clerk
Areal of Frederick H. D'Amato Rear 595 Mill Street Case #961
Acting Chairman John Juliano opened the hearing at 7:30 P.M. and explained to
those in attendance the format that the hearing weld take and then allowed
the petitioner to state his case.
Mr. Ralph D'Amato explained to the Board his reasons for seeking an extension
of his Special Permit to remove soil from the premises at 595 bill Street
(rear).
Mr. Joseph Losito and Mr. Carlo Siniscalchi of 611 Mill Street, Agawam and
41 Ashmun Street, Springfield respectively, spoke in support of the petitioner.
Mr. Anthony Pisano of Mill Street stated that he had no objection to the
extension of the permit as long as the condition prohibiting the use of the
right of way at 595 Mill Street remains a written condition in the decision.
After a brief question and answer period regarding rights of way, Acting
Chairman Juliano adjourned the meeting at 7:46 p.M.
Respectfully submitted,
Ronald LaRiviere
Clerk
Minutes received: June 9, 1980
Minutes typed: June 9, 1980
Minutes to Mr. Caba:
Decision received:
Decision typed:
` Decision to Mr. Caba:
Decision mailed:
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TOWN OF AGAWAM
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MASSACHUSETTS "r' ><
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RgpMPy� BOARD OF APPEALS
No, 9(.
Filed
Hearing
Application to Board of Appeals for Permit to move loam, gravel, etc.
Applicant r Address ' lZdtO,i
Application is hereby made for permission to remove from the property !!!!
owned by applicant.
Premises affected are situated on` .�'� �� ye.et feet distant from
the corner of Street and known as NUMBER Street. Property
is Zoned as
Area of plot affected [ .��J — square feet. Depth of proposed excavation is
inches below present grade. Front line of plot is feet from street line.
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(�?aYfi.m mass, r Sig ure f nee or his author zed Agent
i NOTICE: -- This application must be filled out in ink or typewritten.
TOWN OF AGAWAM
`�.•, 9 MASSACHUSFUS
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110ARD OF APPEALS
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` DECISION OF BOARD OF APP6AI.s
Daly
P161.1600 elf"W twar. of_595 Mi 11 .rat Case #924
The original special permit case #722 was granted by the Board of Appeals
on June 30, 101. The next two year extension was granted by the Hoard
of Appeals on January 17, 1974 case #798. The third extension was granted
by the Board of Appeals on June 210 1976 case #856.
The Board of Appeals met again at a public hearing dated June 14, 1978.
The Hoard ascertained there:1) has been no recorded violations of the existing
permit and all pertinent facts are the same as case #856.
The Board unanimously voted to grant a two year extension, from the date of
the decision of special permit #856 for the removal of fill as petitioned
and subject to the identical conditions as spelled out in case #856.
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TOWN OF AG/'-,*M
MASSACHUSETTS �� '
,r.. i� (y) D�nP� BOARD OF APPEALS
, 1.p ,� \� No. Y 7
Filed !� �
MAY 151978 ® Hearing_
f� Agawam Bd.of ApgWls 1r
Apwam,mam
I
(N [lip cation to Board of Appeals for Permit to move loam, gravel, etc.
i
Applicant Address ��-
Application is hereby made for permission to remove from the property
owned by applicant.
Premises affected are situated onl/1tl¢f= f�q�, r _ _Street feet distant from
the corner of �'S� Street and known as NUMBER Street. Property
is Toned as
Area of plot affected is square. feet. Depth of proposed excavation is
Inches beiow present grade. Front line of plot is feet from street line.
O S~(G
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-3 V Y, r — sivotf owner or his authorized A ent
70 001 o o g
NOTICE: -- This application must be filled out in ink or typewritten.
AQ r0'
9 TOWN OF AGAWAM
36 MAIN STREET AGAWAM, MASSACHUSETTS 01001
Tel. 413-786-0400
9p�RATED Mpy`
HOARD OF APPEALS
Juke 28, 1976
Mr. Frederick H. DfAmato
25 Holland Drive
Agm m, Mass. 03D01
Dear Nr. D'Amato
Please be advised that the corrected amount of bo=1ing
requirement for your fill removal request (Case ##856) will
be $3,750.00 rather than $3,000,00 as indicated on the
recent decision by this Board.
Sincerelyq
T, A. Progulske
Chairman
TAP/fa
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301Aj0!N)J]10 NMol
OF AQ TOWN OF AGAWAM
MASSACHUSETTS TOWN CLERK OFFICE
O 9� AGAWAM, MASS.
BOARD OF APPEALS I916 JUN 24 AN 0 53
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��9p MPy�'1 DECISION OF BOARD OF APPEALS
gTE0
Date 21, 1S76
Petition of Frederick H. DlAmao,
_. --
Premises affected Rear 595 Mil Street C
The original special permit for this parcel of land was granted by the
Hoard of Appeals on June 30, 1971, Case #721.
At another public meeting this special permit was again extended for (2)
two gore years by a decision dated January 17, 1974, Case ##?99.
On Saturday# April lo# 19761 the Board members and the principals involved in'
the land met at the site and discussed methods of ingress and egress. At the
hearings held on January 21, 1976 and May 51 1976 :mod at the on site hearing, '
ninety percent of the conversation was about right of ways and of possible
methods.of ingress and egress. Disagreement was paramount amongst all the
land owners involved,
The Board weighed carefully all the facts presented at the said public
hearing and the physical evidence observed during "on site,' inspections
of the premises by each member of the Board. In addition the Board`also
reviewed the stipulations as set forth in the original special permit.
The Clerk researched matt deeds on these parcels of land involved in
this fu dEother fill removal projects in-the general area. Matt' of these
smaller parcels were divided from a larger acreage and quite a few deeds
do rot indicate any method of ingress or egress. Some of these parcels have
the use of a right of way designated as 595 Mill Street. Most of these old
right of ways were utilized fof1logging, farming and other non-commercial
uses. The Board states that it is up to the owners of any fill removal
projects to provide their own legal methods of ingress or egress. The
traversing of.other peoples lands on nondefined right of ways and any
proolems of legality is a matter for th6 litigants or the courts to
validate.
This Board also states that it is not ar arbiter of right of ways nor has it
the.powt;r to authorize the use of ark► right of ways for commercial purposes,
It is within the powers of this Hoard to prohibit the use of any right of
way that affects the health# safety and general: welfare of the inhabitants'
of the Town of Agawam. Therefore, this Board specifically prohibits the use
of the right of way designated at 595 Mill Street for any fill removal or
commercial project. The traversing of this right.of way by huge trucks
carrying 20 to 30 tons of fill is definitely detrimental to the health#
safety and general welfare of one Anthony Pisano whose home is (1) one foot
frm this twelve foot right of way. This Board does not prohibit the use of
this right of way for normal none-business uses by the respective owners of
SOW LERK OFFICE
FAQ TOWN GWAM, MASS.
� .q OF AGAWAAR
9� MASSACNUSETT%76 JUN 24 AID ID 53
BOARD OF APPEALS
z
DECISION OF BOARD OF APPEALS
ATE M
Dete June 21, 1976•
Petition of Frederick H. ,DIAmato
Premises effected Rea' 595 Mill Street Case #856
— Page 2 of these lands.
The Board concluded the following that allowed them to arrive at a- judicial
decisions
1. There have been no recorded violations of the existing Special Permit,
2. Since the granting of the original Special Permits the fill removal
operation has not yet commenced.
3. The easterly line ,of the petitioner's property abutts a "fill bank"
now or former],y operated by one Carmella E. Smith.
4* The westerly line of the petitionerts property abutts land now
enjoying Special Permits for "fill, removal."
Upon weighing all the evidence the Hoard concluded that to decay the petitioner
the right to remove fill from the premises, inasmuch as this is the only
benefit to be derived from same, would impose a substantial financial hardship
on him.
Again, any relief furnished the petitioner would not be detrimental to the
public good. as suitable control measures could be imposed to protect all
concerned.
Finallyp it. xas felt by the Board that inasmuch as the physical character of the
Immediate area had already changed due to the presence of at. least two "fill
banks", that permitting an additional such "bank" under strictly enforced },
regulations would not substantially derogate from the intent of the Town
Ordinances:
Therefore, the Hoard of Appealst by unanimous vote' grants an extension of the
Special Permit for the removal of fill as petitioned subject to the following
conditions:
1. The permit shall be for a period not to exceed two (2) years from the
date of this decision.
2. The permit shall not became operative until the Building Inspector has
proof that the petitioner has filed with the Treasurer of the Town of
p�ER� Off S E�
ti916
SUN 2 Ali
June 21, 1976
Frederick H. .D+Amato
Rear 595 Hill Street Case #856
Page 3 .-
Agawam a Performance Bond in a form acceptable to said Treasurer
in the amount.of Three .Thousand ($3,000.00) dollars.
3. The petitioner shall comply in full with the requirements laid out
in-Section 20-8, General Provisions, paragraphs g-3t g-3a, g-36i g-3c,
9-3d of the Torun Ordinances, which deal with grades and topsoil
treatment, excepting said paragraph g-3b shall not be applicable' in
that part of the premises where a common property line exists with an
abutter who also maybe removing fill from his land after having
received proper approval from the Board of Appeals. In such an
instance,. "fill" in the vicinity of such a common property line may
be -nnoved to a predetermined elevation agreed upon by both owners.
A copy of arW such agreement shall be filed with the Board previous
to such removal..
4. Adequate oil penetration shall be.applied to the route of travel'
established by the interested landowners to eliminate any dust nuisance.
5. The petitioner and,/or others interested in "fill" removal shall provide
adequate protection to the Town of Agawamts water line that exists
within the limits of Franklin Street Extension; so called, to ensure
no damage to same by truck traffic passing thereover.
6. No "fill" shall be removed from the premises before eight (8) o'clock
A.M.- or after five (5) o'clock P.M.
7. .No "fill" shall be removed from the premises on Sundays or legal
holidays.
8. No- mixing of other materials, such as salt, etc., with the fill shall
take place on the property and no such materials shall be stored
thereon.
9. The petitioner shall properly supervise the fill removal operation so
that no sand or pollutants will eventually flow into azw waterways
located either on the petitioner's said property or of land of others.
10. A11•stumps, limbs and debtis resulting from clearing preparatory to
"fill" removal sha.11 be •remo;ned fi= the premises. Certification of
F Aeq TOWN OF AGAWAMA
0 9 MASSACNUSETTM► N,cLERK OFFICE
3
AGA�A�� MASS.
+� BOARD OF APPglj& 24 A 10: 53
��oR MPy� DECISION OF BOARD OF APPEALS
ATED
Date June 219 1976
Petition of Frederick H. .D'Amato
Premises affected Rear S25.Mill Street Case #856
.. page 4 -
the removal of said items will be done by the Building Inspector
and become a part of this decision prior to any such removal.
11. The petitioner shall constantly maintain a passable right of way.
through the premises so as not to interfere with the reasonable .
rights of others in their legal use, if.any, of any such right of
way. The grade of any such right of way shall not exceed the
maximum slope recommended by the Mass. State Highway Dept, in
laying out State highways. Further, he shall maintain any such .
right of way so that the flow of any ran off water shall be constant
and not dammed up.
12. The petitioner shall be solely responsible for any damage caused to
properties traversed during the period of removal operation.
13. Adequate traffic safety control of the trucks entering and leaving
Mill, Street shall be provided by the Petitioner, and/or his agent,
to protect the vehicular and pedestrian traffic on said public way.
Any spillover of fill on streets shall be removed daily.
Upon completion of the fill removal operation, the petitioner shall
grade the excavated area so that no stagnant pools of water will
collect in said area.
15. Also, any further requirements recommended by the Building Inspector
and,/or the Board of Appeals during the .removal operation which, in
their opinion, is for the "public good" will be promptly acted upon
by the petitioner. If the petitioner fails to take such prompt action,
the Building Inspector shall close the removal operation dorm,
yZ� z 17V r)
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BOLD OF APPEALS MELTING 12,P 1976
The following members attended the SOO P.M. meeting;
T. A. Progulske, Chairman
John Shaughnessy, Vice-Chairman
Jerry 'terra, Clerk
Appeal of Frederick D'Amato Case #856
The petitioner cor4es before the hoard seeking a special permit extension to
allow the removal of fill from his property located at the rear of 595 till
Street. This reconvened hearing follooz the public hearing held on January
21, 1976. Again Mr. Ralph D'Amato represented his brother Fred.
The Chair opened the hearing by introducing the members and reading the notice
of the public hearing. He then explained the procedure the hearing will
follow and called upon the petitioner to present his case.
Mr. D'Amato said that he would talk with Carmela Smith and Fx. ::ercadante and
that he still has the right to use the rear of 595 trLU Street right of way.
Mr. Rosati is in obJecticn because he :ants this 12' right of way specifically
defined. Much discussion followed about this right o1 way and no agreeable
or amicable solution resulted
The same notes of the iosito hearing held on the same date are applicable to
tnis hearing.
The hearing was closed by the chairman stating that the. Board has silty (60)
days from the day of the legal ad to redder a decision, and that any person
aggrieved by this decision should seek legal counsel and act within the (20)
twenty days subsequent to the hearing.
Hearigg adJourned at 8:45 P.M.
Respectfully submitted,
Jer rral
Cler
Minutes received - May 10, 1976
Minutes typed - J►ta4Y 12, 1976
Decision received -
Decision typed -
Minutes to Kr. Cabo -- s-iy-7G
Hbo' ion to Mr. Caba
Decision mailed -
ZS $ LiV +t 1 ..atl 9lfil
-SStiW
33HAO A330 NMOI
W,,Al et AYray W '-Z!X~ ING 'OWN CLERK OFFICE
JanuarAOWM ASS.
h3 follawi.rng m=bera attended the 9 P.Z11. meeting: 1916 AIR -6 PH !: 31
T.h, Progulsko, Wia it an
J.P, Shaunesay, Vice Chai==
J.L. uernas Clerk
A,. cal of Isrederick L txTto. ; Street Casa
$
Tn3 petitioner cces before the ooard saLking an exten3ion of a spacial
prrUt to re=ve fill from rear of 595 :111 Strout.
Tho cnair owned the hearinZ by introducing tho mc--baro and rending the
notice of the public hcaelm. He than explained the procedure the hearing
will follow and called upon tho petitioner to present his case,
i;r. rya;ulalce: "Ralph,are you acting as spokosaan for your brother, Fred?
Are you nis agent and do you have his power of attorney? t,lso, oince this
iu the third time this permit is up for removal, the Board wanto oom3 vori—
fication that you aro legally acting, in his behalf."
ter. Dlizato:" I have nothing tonight eacept verbal permission, }ior.wor, I
will furnish the Board -witn a latter stating tns facts and information you
:.r.iroCalahe: "again I brim up the subject of ingress and egross as stated
on the 173 perLdt extension ttAich ]kited the means of removal across bands
of Car-olla Smith and onto tho drivixWg range. Is thi.3 still in effect?"
►a. D t.=tc: ' op it is not am when the tir,,e come3 to remove fills we
will have to co=— to some agreement."
i:r. ?ro ulske: "Th3rc t:,as a bond require mnt of 0750? "
Er. L'ttcato: " It is still in the a'y"m Trea3urerte office and still in effect."
:.
Lr. 4crra: "W rring to the map, I would not want to des: Mc4nds of earth
loft in such conditions that create a definite hard to children. :Phan fill
is rczovcd and boundary lines Faro respected to 201 31ope rozoval requi-=nts
then there is a great danger to life. I would like to sae an amiable agreement
for this fill removal so that no high rounds of earth are remi.ning."
[;r. Px ozulake: " I tio.ald like to sce w.-here the removal operation vmuld drop
tho ooundary lines to whatover ru:a grade is established. Let'; have to cam`uon
grade level."
.,r. .�natwinewy: " 1'hi3 is what too tried to do in our past decisions.
Diocus3ion betrreon Aosatl, Lwito and i�alph D'iato proved to the Board
that said parties could not reach agreement as to boundary lines, amount
of fill removed and the intorprotation of fill re:..ovol requirements."
t'r. sierra: " The Board can not and u+11 not be an arbitrator of parties
concerned."
bC;,uLu OF Are,?;!►W 12,ZEC TOWN F PE 1976
eago 2. 1g76 APR -6 PM 1131
Ilr, Ao3ati: 5u st .the use of a rogistered onginear for propor measumzents.
:.r. D' to: " 1 have not got the right to go acro3o C. :mith's property."
:.,r. ilrogula-,se: acad a letter fr= ;:orcadante stating that :yr. 1)'Amato hac not
got the right to cro33 his lard. Read a second letter from Atty. J. ^se amn
acting for .'s. L43ati, opjosed to C,rµnting an axtonsion because Rr. D'ArAto
dodo not have an csaoczen♦ to use tha right of mV of .;. hosati at rear of
537 ;;ill 5treat.
I".r. Aosati: "If there was only on3 shovel operation there could be no problem
on boundary, Lines or account of Yi.11.
Board anr3 p3titionor agreed to defer action until a site inspcetion could
be,effected in the Sprung - April 1976,
I:ectir� adjourned at 9:25 ?-N.
Ae3pectfully submitted
Zx,.,erra, Clerk
W nutco Aecoived - :+pril 9, 1976
Unut cs Typed •- Ajrix 12, 1976
I Linutcs to ::r. Caba - -1 is- 7 G
Deciafon Aeccived -
Dccision Ty,�cd -
Decision to I:r. Caba -
Decioion i:ailed -
t
TOWN OF AG&M
MASSAC14USETTS
oMP� BOARB OF APPEALS
No.
Filed
Hearing
Application to Board of Appeals for Permit to move loam, gravel, etc.
f_ r
Applicant Address
Application is hereby made for permission to remove from the property
owned by applicant.
r
Premises affected are situated one�!Fi MA Street feet distant from
the corner of Street and known as NUMBER Street. Property
is Zoned as
W
[.] Area of plot affected is square feet. Depth of proposed excavation is
cc co
Lam'U)
C iI jwhesf iow present grade. Front line of plot is feet from street line.
W� N
e V1
'gar.
gna a Yowner or his authorized Agent
NOTICE: -- This application must be filled out in ink or typewritten.
LIAR 14 74 PSI
FA TOWN OF AGAWAM 12 j
9 MASSACNUSETTS 11 �
3 !0: .2
1 1 9�1f� =3
BOARD OF APPEALS //
051 5
MPy� DECISION OF BOARD OF APPEALS O�VN OF AGP;V'Vi�M
B
TOWN CLERK'S OFRr F
Date_ March 7i 1974
Petition of Double I'D" Realty
Premises affected Rear 1533 Fill 0
The petition of Double "D" Realty requests an extenefon of Permit #743, which was
granted to allow the removal of fill from the rear of 533 Mill Street. Tha front
line of the plot is located nine hundred (900) feet more or less from the southerly
street line of Mill Street at 533 14M Street.
At a public hearing held December 26, 1973s Ralph D'Amatos speaking on behalf of
the petitioner explained to the Board that he wished to remove an amount of fill
representing the remaining material of an old "fill pit" that had been left in
place to meet the requirements of Section 20-8s paragraph g 3b.
At a Board Meeting hold February 13, 1974. The Board reviewed the evidence presented
at the public hearing, as well as observation during an "on site" inspection of the
premises made by members of the Board. The Board arrived at the following con-
clusions:
1. It is evident that the petitioner without relief could not reawve the said fill,
in additions the said abuttor, Carmella Smith, would be prohibited from removing
her portion of the twenty (20) foot buffer strip.
2. The removal of fill could provide an inconvenience and nuisance to any neighborhood,
however, permission for such removal could carry control measures severe enough
to provide ample means of protection for all affected parties.
3. By allowing the petitioner to meet a predetermined elevation at his common
property line with said abuttor, Carmella Smith, the resulting physical
character of the two adjoining properties will be more acceptable to the
neighborhood and community.
Upon consideration of all the facts, the Board concluded that to deny the petitioner
the right to remove fill from his premises would impose a financial hardship on him.
Also, any relief afforded the petitioner would not be detrimental to the public
good as suitable control measures could be imposed to protect all concerned.
Finally, the Board felt that the ultimate elevation between the petitioner and said
abuttor, Carmella E. Smith, attained by the removal of "fill" would be beneficial
to all concerned; therefore, any relief granted under such conditions would not
substantially derogate from the intent and purpose of the Zoning By Law.
r
0 14 '74 PIS
�
f aQ TOWN OF AGAWAM * 0
!,' .a
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MASSACHUSUTS
1 '
=3
Jo Y , ; P91
-�• - BOARD OF APPEALS ` i ,�1'
py`�\ DECISION OF BOARD OF APPEALS I OWN OF AG�',+�IAM
ATE0 M TOV,N CLERK'S OFFICF
Date_ Xarch_7, IM
Petition of Doiihie " u Healty
Premises affected _ Rear 533 Mill Street-- _ Case #MR
-2-
Therefore# the Board of Appeals, by unanimous vote grants a Special Permit for
the removal of the fill as petitioned subject to the following conditions:
1. The permit shall be for a period not to exceed two (2) years from the date
of this decision.
2. The permit shall not become operative until the Building Inspector has
proof that the petitioner has filed with the `treasurer of the 'fawn of
Agawam a Performance Bond in a form acceptable to said Treasurer in the
amount of One Thousand and Five Hundred ($1500.00) dollars,
3. The petitioner shall comply in full with the requirements laid out in
Section 16, General Provisions$ paragraphs g-3, g-3a# g-3b, g 3c, g-3d of
the Zoning By Iaw# which deals with grades and top soil treatments
excepting said paragraph g-3b shall not be applicable in that part of the
premises where a common property line exists with abbuter, said Carmella
E. Smith, who also has permission to remove "fill". In this common area
"fill" may be removed to a predetermined elevation agreed upon by both owners.
A copy of any such agreement shall be filed with the Board previous to any
such removal.
4. Lngress and egress to and from the premises for the removal of "fill" shall
only be by the use of said Mill Street,
5, Adequate dust preventative material shall be applied to the routes within
the premises used for the removal of "fill" to eliminate any air pollution
or nuisance.
6. The petitioner shall provide adequate protection to the Town of Agawam's
water line that exists within the limits of Franklin Street Extension# so-
called, if he traverses over same, to ensure no damage to same,
7. No "fill" shall be removed from the premises before eight (8) o'clock A.M.
or after five (5) o'clock P.M.
8. No "fill" shall be removed from the premises on Sundays or legal holidays.
9. The petitioner shall properly supervise the fill removal operation so that
no sand or pollutants will eventually flow into any waterways located either
on the petitioner's said premises or on land of others,
'74 PM
F QA TOWN OF AGAWAM 12
O 3 MASSACHUSETTS
3o =
Got
BOARD OF APPEALS ;, '��',,�'
'�ORpMP DECISION OF BOARD OF APPEALSrr•.,'rj '
Date March 7., IM
Petition of —_DA11blrg"DI, _Healty _
Premises affected Hearr-5 3-3 Mill-Street rase-#1310
10. All stumps, limbs and debris resulting from clearing preparatory to "fill"
removal shall be removed from the premises prior to any such removal.
U. The grade of any route for the removal of "fill" shall be maintained at a
grade so that the flow of any runoff water, if arty, shall be constant
and not dammed up.
12. Adequate traffic safety control of the trucks entering and leaving Mill
Street shall be provided by the petitioner and/or his agents to protect
the vehicular and pedestrian traffic on said public way.
13. Upon completion of the fill removal operation, the petitioner shall grade
the excavated area so that no stagnant pools of water will collect on
said premises,
140' 8inally, any further requirements recommended by the Building ,Inspector
and/or the Board of Appeals during the removal operation which, in their
opinion, is for the"public good" will be promptly acted upon by the
petitioner. If the petitioner fails to take such prompt action,# the
Building Inspector shall close the removal operation down.
L9 7 7y 3-iI '7y
✓tr lf�7�
.'
A MR"JA 7*00 P-&A
Case #81O
Double "D" Realty
Rear 533 Hill Street
Attending; T. A. Progulske, Chairman
J._ J. Juliano, Vice-chairman
J. P. Shaughnessy, Alternate
The Board reviewed the evidence presented at the public hearing as well as ob-
servations during "on site" inspections made by each Board member.
The Board arrived at the following conclusions.
1. It is evident that the petitioner without relief could not remove the said fill,
in addition, the said abutter, Carmella Smith, would be prohibited from removing
her portion of the twenty (20) foot buffer strip.
2. The removal of fill could provide an inconvenience and nuisance to any neighbor-
hood, however, permission for such removal could carry control measures severe
enough to provide ample means of protection for all affected parties.
3. By allowing the petitioner to meet a predetermined elevation at his common
property line tdth said . blrt►ter, Carmella Smith, the resulting physical
character of the two adjoining properties will be more acceptable to the
neighborhood and community.
Upon consideration of all the facts, the Board concluded that to dear the petitioner
the right to remove fill from: his premises would impose financial hardship on him.
Also, any relief afforded the petitioner would not be detrimental to the public
good as suitable control measures could be imposed to protect all concerned.
Finally, the Board felt that the ultimate elevation between the petitioner and said
abutter, Carmella E. Smitb, attained by the rewval of "filln irould be beneficial
to all concerned; therefore, any relief granted under such conditions would not
substantially derogate from the intent and purpose of the Zoning By-Lair,
Therefore, the Board of Appeals, by unanimous vote grants a Special Permit for
the removal of the fill as petitioned subject to the following conditions:
1. The pe=it shams, be far a period not to exceed two (2) years from the date
of this decision.
2. The permit shall not become operative until the Building Inspector has proof
that the petitioner has filed with the Treasurer bf the Town of Agaumn
a Performance Bond in a form acceptable to said Treasurer in the amount
of One Thousand and Five Hundred (WOO.00) dollars.
3. The petitioner shall comply in full with the requirements laid out in
Section .16, General Provisions, paragraphs g 3s S 3as g3bs g-3c, 8 3d
the Zoning By-Lax, which deals with grades and top soil treatment#
excepting said paragraph g 3b shall not be applicable in that part of
premises where a common property line exists with abutter, said Carme
E. Smith, who also has permission to remove "fill". In this common r
"fill" say be removed to a predetermined elevation agreed upon by br
owners. A copy of any such agreement shall be filed with the Board
t.n qWV gilr%. 1 raamnval _
_OV4
r Page 2.
4. Ingress and egress to and from the premises for the removal of "fill" shall
only be by the use of said Mill Street.
5. Adequate dust preventative material shall be applied to the routes within
the premises used for the removal of "fill" to eliminate any air pollution
or nuisance.
6. The petitioner shall provide adequate protection to the Town of Agawam's
crater line that exists within the limits of Franklin Street Extension, so-
called, if he traverses over same, to ensure no damage to same.
7. No "fill" shall be removed from the premises before eight (8) o'clock A.M.
or after five (5) o'clock P.M.
8. No "fill" shall be removed from the premises on Sundays or legal holidays.
9. The petitioner shall properly supervise the fill removal operation so that
no sand or pollutants will eventually flow into aqy waterways located either
on the petitioner's said premises or on land of others.
10. All stumps, limbs and debris resulting from clearing preparatory to "fill"
removal shall be removed from the premises prior to any such removal.
31. The grade of any route for the removal of "fill" shall be maintained at a
grade so that the flog of any runoff water, if arw, shall be constant
and not dammed up.
12. Adequate traffic-safety control of the trucks entering and leaving Mill
Street shall be provided by the petitioner and/or his agents to protect
the vehicular and pedestrian traffic on said public way.
33. Upon completion of the fill removal operation, the petitioner shall grade
the excavated area so that no stagnant pools of grater will collect on
said premises.
14. Finall~y, any further requirements recommended by the Building Inspector
and/or the Board of Appeals during the removal operation which, in their
opinion, is for the "public good" will be promptly acted upon by the
petitioner. If the petitioner fails to take such prompt action, the
Building Inspector shall close the removal operation down.
Meeting Adjourned at 8:30 P.M.
Respectfully submitted,
�� A4-,C�
John Shaughnessy, Acting Clerk
D�AV JAN 2 2 `74 PM
FAQ TOWN OF AGAWAM 4P
MASSACHUSUTS ,f ?
1k, 0 OF APPEALS ��BARD D
��oA May` DECISION OF BOARD OF APPEALS
arEl� ' OVVN OF AGAWAM
rntiuN C:I_FRK'S OFFICE
k Date
Petition of Fr_ederiok H. D"-tato
Premises effected Rear 595 Kill. street Case #798
The petition of Frederick P. D'Amato is for the extension of a, Special Permit to
remove fill granted by the Board of Appeals on June 29, 1971, Case #722.
At a public hearing held July Up 1973, Ralph D'Amato stated that since the granting
of the original permit, he has not commenced the fill removal operation, and that it
would be at least three to four years before he could remove all fill on the premises.
On January 4. 1974, the Io&rd weighed carefully all the facts presented at the
said public hearing and the physical evidence, observed during "on site" inspections
of the premises by each member of the Board. In addition the Board also reviewed
the stipulations as net forth in the original Special Permit,
The Board concluded the following that allowed them to arrive at a Judicial decision:
1. There have been no recorded violations of the existing Special Permit.
2. Since the granting of the original Special Permit) the fill removal operation
has not yet commenced,
3. The easterly lino of the petitioner's property abutts a "fill bank" now
or formerly operated by one Carmella E. Smith.
4. TH unstarly Line of the petitioner'a property abutte land now enjoying
Special Permits for "fill removal.''
Upon neighing all the evidence the Board concluded that to deny the petitioner
the right to remove fill from the premisesp inasmuch as this is the only benefit
to be derived from same, would impose a substantial financial hardship on him.
Again, any relief .furnished the petitioner would not be detrimental to the public
good as suitable control neasurus could be :imposed to protect all concerned.
Finally, it was felt by the Hoard that inasmuch as the physical character of the
immediate area had already changed due to the pretence of at least two "filL banks".
that permitting an additional ouch "bank'' under strictly enforced regulations would
not substantially derogate from the intent of the Town Ordinances.
F.A TOWN OF AGAWAM �qS
p - q MASSACHUSETTS
�J; _ ;4; BOARD OF APPEALS J '
DECISION OF BOARD OF APPEALS
°AarE0 MP ;�Vd OF AGwVV aI
TOWN (;LERK'S OFFICE
Date._,January 15, 1974
Petition of ftederick H. D
Premises affected Rear 595 Mill street Case #798_
-
2-Therefore, the Board of Appeals, by unanimous vote grants an extension of the
Special Permit for the removal of fill as petitioned subject to the following
conditions:
1. The permit shall be for a period not to exceed two (2) years Ir0,1A�the
date of this decision.
2. The permit shall*-'1not'-become operative wail the Building Inspector has
proof that the petitioner has filed with the Treasurer of the Town of
Agawam a Performance bond in a fora acceptable to said Treasurer in the
amount of Three Thousand Seven Hundred and Fifty(0,750.00) dollars.
3. The petitioner shall comply in full with the requirements laid out in
Section 20-8, General Provisionsp paragraphs g-30 g 3a, g 36, g3c, g-3d-
of the Town Ordinances, which deal with grades and top soil treatmentp
excepting said paragraph g-3b shall not be applicable in that part of
the premises where a. common property line exists with an abutter who also
may be removing fill from his land after having received proper approval
from the Board of Appeals. In such an- instances "fill" in the vicinity
of such a commor_ property line may be removed to a predetermined dlevatiori
agreed upon by both owners. A copy of arsy such agreement shall be filed
with the Board previous to arg such removal.
4. Stress and egress for tie removal of "fill" shall be only across lands
of Carmella Smith et al and other lands of the petitioner to and from
Mill Street, in the vicinity of the dri-%dag range, so callsd.
5. The petitioner shall furnish the Board an executed copy of the right of
travel agreement entered into by the interested abutters before the said
permit shall become operative. Zkithdrawal of one signature from same in
the f uture will void the agreement in the eyes of the Board. Removal of
fill will then stop until the Board approves a substttuto right of travel way.
6. Adequate oil penstrationphall be applied to the route of travel established
by the interested landoumeru to eliminate any dust nuisance.
7. The petitioner and/or others interested in "fill" removal shall provide
adequate protection to the Town of Agawam's water line that exists within
the limits or irankl-ln Street Extension, so called, to ensure na{damage
to SWe by t��t''MMC p'Aff"_ thereover.
r
�oFAe TOWN OF AGAWAM �y�
o — 9 MASSACHUSUTSJo
BOARD OF APPEALS t
p MPy�'1 DECISION OF BOARD OF APPEALS � �WN OF Aiki*0 �
ATE
TOWN DLMKI
Date JamLaa 12, 1974
Petition ofDfAmato
Premises affected
-3-
8. No "fill" shall be removed from the premises before eight (8) o'clock A.M.
or after five (5) o'clock P.M.
9. No "fill" shall be removed from the premises on Sundays or legal holidays.
10. No mixing of other materials, such as salt, etc., with the fill shall take
place on the property and no such materials shall be stored thereon.
11. the petitioner shall properly supervise the fill removal operation so that
no sand or pollutants will eventually flow into any watermaya located either
on the petitioner's said property -or on land- of others.
12. All stumps, limbs and debris resulting from clearing preparatory to "fill"
removal shall be removed from the premises prior-to wW such removal.
13. The petitioner shall cofi� antlry maintain a passable right-of-ray through
the premises so as not to interfere with the reasonable rights of others in
their legal use, ifwarir; of any such right-of-way. The grade of any such
right-of-way shall not exceed the maximum slope recommended by the Mace.
State Highway Dept. in laying out State highways. Further, he shall
11 maintain any such right-of-way so that the flowfof arty runoff water shall
be constant and not dammed up.
u. The petitioner shall be solely responsible for any damage caused to
properties traversed during the period of removal operation.
15.. Adequate traffic safety control of the trucks entering and leaving Mill
Street shall be provided by the petitioner, and/or his agent, to protect
the vehicular and pedestrial traffic on said public wary.
16. Upon completzan`of the fill removal operation, the petitioner shall grade
the excavated area so that no stagnant pools of water will collect in said area.
17. The petitioner shall cause to have recorded in Hampden County Registry of
Deeds a "Notice of Variance" form furnished by the Board. The Variance shall
not become operative until the petitioner has furnished proof to the
Building Inspector, the Zoning Officer of the Town, that such recording
has taken place.
N
FA qTOWN OF AGAWAM 10 JAN 22 '74 PM �$
O MASSACHUSETTS
a
BOARD OF APPEALS
y 9
DECISION OF BOARD OF APPEALS
fOWN OF
Date
Petition of_ grederdck H- D 4 Amato
Premises affected HAjQr ,� � Mi 1l Stree+et _ CASS 1E74St
18. Finally, any further requirements recommended by the Building Inspector
and/or the Board of Appeals during the removal operation which* in their
opinion, is for the "public good" will be promptly acted upon by the petitioner.
If the petitioner fails to take such prompt action, the Building Inspector
shall close the removal operation down.
-t�
1BQAQ OF APPEALS -U
5:00 P.M. Case #798
Frederick H. D'Amato
wear 595 Mill Street
Attending: T. A. Progulske, Chairman
J. J. Juliano, Vice-Chairman
J. P. Shaughnessy, Alternate
The Board reviewed the evidence presented at the public meeting held July ll, 1973,
as well as physical evidence observed during an #on site" inspection of the prem-
ises by each member of the Board. In addition the Board also reviewed the stipula-
tions as set forth in the original Special Permit.
The Board concluded:
1. There have been no violations of the existing Special Permit.
2. The fill removal operation authorized under the original Special Permit has not
commenced.
3. The easterly line of the petitioners property abutts a "fill bank" now or
formerly operated by one, Carmella E. Smith.
k. The westerly line of the petitioners property abutts land now enjoying Special
Permits for "fill removal.'
5. The possibility of any confliction, conservation wise, such as water pollution
and washing of sand from the "fill bank" into Silver Lake had been given seri-
ous thought by the Board previously when considering Case #722. At that time
it had been determined that if such ever occurred the Agawam Conservation Comm-
ission would act under its authority.
Upon weighing all the evidence, including the objection by Isar Ramah of 325 Cooper
Street, the Board concluded that to dear the petitioner the right to continue to
remove fill from the premises, inasmuch as this is the only benefit to be derived
from same, would impose a substantial financial hardship on him.
Again, any relief furnished the petitioner would not be detrimental to the public
good as suitable control measures could be imposed to protect all concerned.
Finally, it was felt by the Board that inasmuch as the physical character of the
immediate area has already changed due to the presence of at least one other "fill
bank", that permitting an extension of the Special Permit under strictly enforced
regulations would not substantially derogate from the intent of the Zoning-By-Law.
Therefore, the Board of Appeals, by unanimous vote grants an extension of the
Special Permit for the removal of fill as petitioned, not to exceed a period of two
years, and subject to conditions that will be described in the "Decision of Board
of Appeals."
Respee submitted,
woo
Copy of decision to John Acting Clerk
Isar Ramah
325 Cooper St.
TOWN OF AG*AM
MASSACHUSETTS �
uMP� 1111 20 '71 pM BOARD OF APPEALS
No.
g.: D =3 Filed
Hearing -
6
TOWN OF AGAWAM
Application to BQYd IAppealS forCFPecmit to move foam, gravel, etc.
Applicant9� X� Address AA it 0 l( GL�1'N Or,
Application is hereby made for permission to remove_ �-+—f from the property
owned by applicant.
Premises affected are situated on 4"r 9 q ! Y4 J•f f Street / ,fy 0 feet distant from
the corner of M, f Street and known as NUMBER Street. Property
is Zoned as
Area of plot affected is /11 7 7 _ square feet. Depth of proposed excavation is 2 r r
inches below present grade. Front line of plot is feet from street line.
Signature of owner or his authorized Agent
NOTICE: -- This application must be filled out in ink or typewritten.
�'Et}ARRD_Oil' APPEALS -T4Q-
The following members attended the SWU P.M. Hearing.
T. A. Progul$ke, Chairman
J. J. Juliano, Sr., Vice Chairman
J. P. Shaughnessy* Clerk
A al of Double D , t .';i. Sw at Case 810
Ralph D'Amato speaking on behalf of Double D Realty stated that he would like an
extension of permit r`11t3 to remove fill located at the rear of 533 Mill Street.
Mr. D'Amato said that the fill to be removed was his part of the buffer strip which
separates his fill operation from that of the Smith fill operation.
The Chair asked for the copies of the deed, as the Deed was returned when original
permit was issued. Mr. D'Nmto stated, that he would supply deed but it only made
reference to original deed which contains the boundaries which is in folder.
The Chair also asked the following questions:
(1)"Is the bond still, in effect,;"' Yw. D'Amato replied, "Yes."
(2)"Will access to property be sass ,as in permit #`143?"
{ nWin you cross laz4 otmed by Smith's?" Mr. D'Amato replied, °Ho."
At this time, the Board noted that there hasn',t been any complaints from Police or
Building Inspector, and for those in favor who wished to speak. No one spoke in favor.
The Chair asked for those opposed to speak.
Isar Ralmah spoke against this Permit stating that no permits should be acted on until
his court action is settled.
Send copy of decision to Isar Ramah, 325 Cooper St., Agawam.
Meeting adJourned at 8:15P.M.
Respectfully submitted,
(P-- V
44V-Q�
'John P. Shaughnessy
Minutes received- December 31, 1973
Minutes typed- January 7, 1973
Minutes to Mr. Caba-
Decision Received-
Decision Typed-
Decision Mailed Registered Mail-
Decision to Mr. Caba
• D t Amato 10
l
t�
,f, TOWN OF AGAWAM, MASSACHUSETTS
h Board of Appeals
No .
Filed
Hearing
Application to Board of Appeals for Permit as provided in the Zoning
and other By-Laws.
Applicant G Address D
Application is hereby made f r permit as provided by Section
Paragraph of the By-Law.
Premises affected are situated on Street ; feet
distant from the corner of Street and known as
Number Street . Property is Zoned as
.fdni If!
�LiL! i r22I7E}� R
ro; OCT a 1973 -
Aptam Ed.of Appeals =,�
UA�rm M RSS.
OWIY OF AGAWA v�
RK'$ OFFICE
Signature Vf -ooier or his authorized Agent
Notice : This application must be filled out in ink or typewritten.
BOARD OF APPEALS =TINGA . July 3111973
The following members attended the 7:30 P.14. Meets
T. A. Progulske, Chairman
J. J. Juliano, Sr., Vice-Chairman
J. P. Shaughnessy, Clerks Acting
Appeal of Frederick H. D'Amato Rear of, �5 T1111 St. Case #798
r.rrrr �.rr r _
The hearing was opened at 7:30 P.M. by Chairman T. A. Progulake to hear the request for
an extension to allots fill removal from the property of Frederick H. D'Amato located
at the rear of 595 dill Street.
Speaking in behalf of the petitioner was Ralph D'Amato. Mir. Ralpli D'A%to asked for a
four W year pension
J. Juliano asked the reason for a four year permit.
Ralph D'Amato replied, 'trees in area make the removal of fill much slower and to save
time and it would save him the time by not having to came back every two (2) years
to renew permit.
Question was asked if the right to remove fill across the Smith property had been
renegotiated, The reply man that the contract was being discussed by the parties
involved.
Chairman asked for those in favor of speaking for petitioner. Mr. Joseph P. Losito
tasked to be recorded in favor.
Those wishing to be recorded against the petition were as follows:
Anthony Pisan, 595 itLl St, whose reasons were that the specified right of tray be
used for fill removal.
Isar Ramah, 325 Cooper St. whose reasons were -
(1) Read for the record the last three paragraphs of Hoard Decision, Case #749,
March 23, 1972. This was summed up by saying that he felt that no pormits should
be issued until court case mmAioned above case is settled.
(2) Ramah also noted several piles of stumps and brush located on property. Ur. Progulske
replied that the Boards with the Building Inspector will investigate this complaint.
(3) Mamah also noted in his report that U.,_Jenkes Agawam Fire Dept. and a Mr. R. Boiselle,
Pollution man from Springfield and 'hinself visited site and these men said that the
piles were -d Sine hazard.
The Chair adjourned at 7:50 P.M. �
Respectfully submitted,
Copy of Decision to be sent to thn P. Shaussy,
Isar Ramah, 325 Cooper St. & ;, Acting Clerk
Joseph P. Losito Decision Received Decision Typed -
fiinutes received- Sept. 13s 1973 Deca.si nn f'ai 1 Pi _ RPni�t.pro.i �i i _
'Minutes -typed 9/20�73 '- " �` Decision to Mr. Caba-
Minutes to Mr. Caba-
alph D'Amato
�0 93 PLANNING BOARD
AGAWAM, MASSACHUSEITS
h
���RaTED MAy`
Sept. 27, 1972 .
Mr. Edward Caba
Town Clerk
Agawam, Mass.
Re: Double I'D" Foxm A #929
Dear Mr. Caba:
The Planning Board signed plans for the above Form A on September 27,
1972, for property located off Mill Street.
Very truly yours,
Charles Calabrese, Chairman
c/l
TOWN OF AGAWAM
TOWN CLERK'S OFFICE
5 E P 2 8 1972
�a�
�t�t�tiatut��
FORM A
APPLICATION FOR ENDORSEMENT
OF PLAN BELIEVED NOT TO REQUIRE APPROVAL
File one completed form with the Planning Board and one
copy with the Town Clerk in accordance with the requirements of Section II-B.
Agawam, Bass. 19.
To the Planning Board:
The undersigned, believing that the accompanying plan of his property in the Town of Agawam
does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits
said plan for a determination and endorsement that Planning Board approval under the Subdivision Control
Law is not required.
1. Name of Applicant
Address
2. lame of Engineer or Surveyo . . ,s. . _. . . . . . .
Address . . G�. 1 . . . . . . .� . ..... . . ....
T Deed of property recorded in �!/I' �• • • • • • 1! •• - • • • • • • • • • • Registry,
Book ? �. . . . . . . Page . .'? . . . . . . . . . . .. . . . . . . . . . . . ... . . . . . . . . . . . . .
l�
4. Location and Description of Properly:
+d
•A�tN\J
d "
`:`OWN OF AIGAWA M
01_F'�A'S OFFICE
Signature of owner edj-�'
T- 1
a
Address . . . x-4!• . `. . . . .
MITH an,d JALLEN
ENGINEERING COMPANY, INC.
DIAL 734-6405 E n G i E E R S P. O. BOX 63-FOREST PARK STATION
SURVEYORS 602 WHITE STREET • SPRINGFIELD, MASSACHUSETTS 01108
PARCEL "A"
PROPERTY TO BE DEEDED FROM DOUBLE "D" REALTY TO JOHN
F. CASSIDY.
Beginning at an iron pin S 51' 24 ' 08" W of an -iron pin on Mill
St. which is the northeast corner of land of John F. Cassidy and the
southeast corner of Armand Provost a distance of 156.96 ft. to the
southwest corner of Provost and land of Double "D" Realty Co . ; thence
running S 60 39' 30n`W along land of John F. Cassidy .202 .15 ft. to an
iron pin; thence running along last named S 80 591 1:1" W a distance
of 327 .53 ft. to qn iron pin; thence running N 510 24' 08" E along
land of the Double "D" Realty 385 .96 ft. to an iron pin at the place
of beginning. Containing 339104 sq. ft . of land . The westerly
portion of said property subject to a right-of-way to Western Mass.
Electric Co .
PARCEL "B"
PROPERTY TO BE DEEDED FROM JOHN F. CASSIDY TO DOUBLE
I'D REALTY CO.
Beginning at the southwest corner of land of John F. Cassidy at
a stone bound at land -of Irving E. Brook and Double "D" Realty Co .
thence along last named N 23° 121 28" W a distance of 640.92 ft. to
an iron pin at other land of Double "D" Realty; thence along last
named N 820 59' 11" E a distance of_ 105 .00 ft. to an iron pin at
other land of John F. Cassidy; thence along last named S 230 07 ' 05" E
a distance od 606 .81 ft. to an iron pin at land of Irving E. Brook
at an existing right-of-way; thence along last named and the right-
of-way S 640 Olt 22" W a distance of 100.00 ft. to the iron pin at
the plac e- of beginning. Containing 62 ,616 sq. f t. of land
l $ 72AM
Ilr�rri ,h
TOWN OF AC Vt AM
TOWN CI FP;cc .-riCE
.� .tip' r � � •
COn,4ONWEALTH OF HIASSACHUSETTS
HA.MPDEN, SS . DISTRICT COURT
OF SPRINGFIELD
No. 218914
ISAR F . RAMAH
vs . DECEMBER 161 1971
RALPH J. D 'AMAT 0, d/b/a
DOUBLE D REALTY, THEODORE A.
PROGULSKE, JOSEPH P. MCMAHON,
JR. , B. EDWARD DA19DAH, MAR CEL
A. BEDARD, JOHN J. JULIANO
AND DOUBLE D REAIjTY, INC .
i
I
DECISION ON PETITION FOR REVIEW
This is a peEtition for review of the decision of the Board
of Appeals., Tovm of Agawam, under Mass . General Laws, Chapter 40A,
Section 21 as amended in the matter of a request for a Special
Permit by Ralph D 'Amato,: d.b.aa concerning premises located in the
rear of 53�3 Mill Street. Case #743.
The unanimous decision of the Board of Appeals granting a
Special. -Permit with conditions was filed with the Agawam Town Clerk
on October 15, 1971.
After hearing the parties and witnesses and examining exhibits,
I find that said decision was proper. The action of the Board is
herewith affirmed.)
J7
do
hu Barnet, Jr. , Jus e
t District court of So rn
"- ester sitting at the s rict
. l t of Springfield
A 'tr•ue Cop
y-Attss �c
C District Court of Spri�y ld
JAB/mft `
f
Edward N. Hurley , Esquire
115 State Street
Springfield , Massachusetts 01103
To : Edward Caba, Clerk :
Town of Agawam, Massachusetts
Agawam, Massachusetts
Re : Appeal decision of Isar F. Ramah Vs . Board of Appeals
of Agawam, Massachusetts
Dear Mr. Caba:
Enclosed herewith please find copy of Bill in Equity
which was filed on this date at the Hampden County Superior
Court in Equity along with the Decision of the District
Court finding of December 16 , 1971 and a copy of the Board
of Appeals granting of the original variance .
This letter with enclosures , is given to you in
conformity with M.G .L.A. Chapter 40A, Section 21 .
Very truly yours ,
Edward N. Hurley
ENH/K
Encs
2
IOc 2
9- _3}
TOWN OF AGAWAM
TOWN CLERK'S OFFICE
COMMONWEALTH OF MASSACHUSETTS
HAMPDEN, SS. SUPERIOR COURT
IN EQUITY
ISAR F. RAMAH
VS ..
RALPH J. D`AMATA, dba DOUBLE D. REALTY,
DOUBLE D. REALTY, INC. , THEODORE A. PROGULSKE ,
JOSEPH P. MCMAHON, JR. , JERRY L. ZERRA, MARCEL
A. BEDARD, JOHN J. JULIANO and B. EDWARD
DAHDAH, former member
BILL IN EQUITY UNDER M.G.L.A.
CHAPTER 40A, SECTION 219 PARAGRAPH II
Your petition invokes the provisions of M.G.L.A. Ch. 40A,
Section 21, and respectfully represents as follows :
1. That the petitioner resides at 325 Cooper Street , Agawam,
Massachusetts , in the county of Hampden, and that he owner pro-
l)erty located at 150 Senator Avenue , in said Agawam, and that
he is the holder of an option to purchase certain real estate
abutting upon the parcel of land affected by the petition
hereinafter referred to , from the granting of which by the
above mentioned Board of Appeals of the Town of Agawam, the
appellant , claiming to be aggrieved thereby , files this appeal.
2. (a) That the respondents , THEODORE A. PROGULSKE, is chairman
of the above named Board of Appeals and resides at 88 Raymond
Circle , in said Agawam; that the respondents , JOSEPH P. Mc-
MAHON, JR. , 53 Albert Street , JERRY L. ZERRA, 109 Federal
Street , MARCEL A. BEDARD, 371 South Westfield Street , and
JOHN J. JULIANO , 232 Meadow Street , are all residents of said
Agawam, at the respective street addresses set forth herein
and are members of said Board of Appeals , and B. EDWARD
DAHDAH, 469 North Street , in said A"wam, former member of
the Board of Appeals and past chairman, who since the filing
of this Appeal at the District Court has resigned and was
replaced by said Jerry L. Zerra.
(b) The respondent , RALPH J. D'AMATA, dba DOUBLE D. REALTY,
resides at 25 Holland Drive in said Agawam, and is the orig-
inal petitioner upon the Petition hereinafter referred to ,
from the granting of which your petitioner appeals .
C0I1,I-,01I.1EALT11 OF AASSACF.USETTS
upap N, SS. SUPERIOR COUR'b'
IX IQUIY
TSAR F. RAI:Mi
VS :
RALPH J. D'AT=iATO, 6b a DO U3 LE D. REALTY,
DOUBLE D. REALTY, WC. , THEODORE A. PROGULSKE ,
JOSEPH P. iicliA iOi', JR. , JERRY L. ZERRA, MARCEL A.
BEDARD and JOHN J. JULIANO
BILL IN gUITY UNDER O.G.L. A.
CHAPTEr 40A SE -'_ 1T 2~, -'WIt PH xT
Your Petition i vokec the proviciono of N.G.L.A. Cis. 40Ao
SccSon 21, and recpoetfully rcprcccntc as followo :
1. . at tho pcti-tioner resides at 325 Cooper Street , Agaua.mo
i-=oaahuocttn , in the County of I-Itmipden, and th,.t Itc ouPao
property Located at 150 Sonator Lvenuc: , in said Apawam, c_nd
thct ho is the holder of an option to purchaDe certain real
estato abuttQ3 upon the parcel oA land affc;ctec3 by the
Petition hereinafter referred to, from the granting of
which by the abovo r:en'tioned Board of Appcalc of the Toun of
Agawaso the appellant, claiming to be aggrieved theroby, filco
this appeal.
2 . (a) That the respondent , THEODORE A. PROGU7 SIZE p i o chairman
man
of the above named Board of Anpoal n and reoidoc at 00 Raymond
C irclo , in o aid Aga:Tam; that tho reopondon•to , JOSEPH P.
V6—,A1iOII , JR. , 53 Albert Street, JERRY L. ZFRRA, 109 Federal
Strcot , I•IARCEL A. BEDARD, 371 South Hectfiold Street, and
JOMW J. JULIAUO, 232 Mcadow Street, are all ren identn of
:said Agawam at the reopect i.v; otro:t add.resces :act forth
herein and are mcribero of caid Board of Appo als .
2 . (b) The reopoddent , RALPH J. D'ANATA, d.bra nOUBLE D. REALTY,
res f-der at 25 Holland Drive in said Agawam, and 0 the ong--
ina► petitioner upon the Petition hcreinaftor referred too
from the arantins of which your pct3 tioncr appoalc,.
2 . (c) The Respondent, DOUBLE D. REALTY, INC. , i s a corporation
organized pursuant to the laws of the Commonwealth of
Massachusetts , and having a usual place of business at 25
Holland Drive, in said Agawam, and is the owner of the parcel
of land affected by the Petition hereinafter referred to.
3. That some time prior to September 8, 1.9711, RALPH D'AMATO ,
d/b/a DOUBLE D. REALTY , petitioned for a Special Permit
for the rerrowal of fill from a plot located rine hundred (900)
feet more or less from the southerly street line of Mill
Street, at 533 Mill Street, in said Agawam, Massachusetts.
4 . That a public hearing; was held September S . 1971, and argu-
ments were presented by the proponents and objectors to the
petition, at the conclusion of which the Hoard of Appeals
took the matter under advisement .
5 . That on October 11 1971, at an executive meeting; of the
respondent Board of Appeals , a decision was rendered by the
respondents , a certified copy of which decision is annexed
hereto, and which decision was recorded with the Town Clerk
of the Town of Agawam, on October 18 , 1971, granting., to said
RALPH W AMATO , d/b/a DOUBLE D. REALTY, a Special Permit for
the removal of fill from the above said plot subject to
certain conditions set forth on Pages 2-3 of said decision
and numbered (1) through (14) inclusive.
S . That the respondent Board of Appeals of the Town of Agawam,
made the following "deductions" :
(1) It was evident that the petitioner, without relief,
could not remove the said "fill" in addition thesaid abutter,
Carmella E. Smith, would be prohibited from removing the
entire amount of "fill" desired.
( 2) The removal. of "fill" could prove to be an inconvenience
and nuisance to any neighborhood, however, permission for
such removal could carry control measures severe enough to
provide ample means of protection for all affected parties .
( 3) By allowing petitioner to meet a pre-determined ele-
vation at hie common property Line with said abutter, Car-
mella E. Smith, the resulting physical character of the two
adjoining properties will be more acceptable to the neigh-
borhood and community.
7 . And your petitioner alleges that due notice as required by
provisions of M.G.L.A. Ch. 40A Section 17 , as amended, and
by the zoning by-laws of the Town of Agawam was not given
by the respondent Board of Appeals , in that said notice was
vague , misleading, and failed properly and sufficiently to
identify the subject matter or to describe the nature and
extent of the permit requested by the Petitioner at the
meeting and granted by the Board of Appeals ; that the
property concerning which said permit was granted was
improperly described in said notice ; that said notice
as published was otherwise defective and improper.
81 And your petitioner further alleges that the "deductions"
of the Board of Appeals , set forth in Paragraph 6 , are not
warranted and are inconsistent with the actual facts sur-
rounding the proposed permit with respect to said property;
that said "deductions" are inconsistent with the evidence ;
that said "deductions" form no adequate or legally suffici-
ent basis for the granting of the above said permit ; that
the physical character of the two adjoining properties will
not be more acceptable to the neighborhood and community as
"deduced" by the Board of Appeals ; that the proposed
permit would result in danger to the public safety , and
would create an additional and unnecessary traffic hazard
on said N`11 Street, whi.c'i is already overL•urdened by
traffic ; would create a substantial nuisance and hazard
from dust: pollution in the .-sir, and from pollution of
Silver Lake and connected bodies of water, would affect
adversely the welfare of your }petitioner, the neighborhood
in which he resides , and the residents and property owners
of the Town generally.
9 . And your petitioner further alleges that: the above said
Special Permit relates to an area as to w;zich the instant
respondent , RALPH D'AMATO , d/b/a Doubla D Realty , was
granted several fill removal pvrrni Ls , the earliest being
dated March 2 , 1954 , and subject to six restrictive
conditions , of which Nos. 3 , 4 , and 6 thereof are germane
hereto and -we set forth 1)elow :
( 3) All loam and/or topsoil on the area excavated shall be
removed and piled on the property.
(4) All slopes shall be left at a pitch not steeper than
3 to one (1) . After removal of fill all areas , slopes
and flats shall be covered with the piled topsoil to
a depth of not less than six inches and seeded to the
satisfaction of the Board.
(6) A bond in the sure of Four Thousand ( $4000 . 00) Dollars
payable to the Town of Agawam, shall be filed with the
Town Treasurer. This bond is to guarantee the performanae
of an agreement to be executed by the Petitioner with
the town.
And your petitioner further says that the respondent , RALPH
D'AMATO, d/b/a Double D Realty, did disregard and wilfully
violate and ignore that Agreement referred to in Condition
No. 6 as set forth above, and did remove all of the said
topsoil from the said premises , and did fail to replace
the same, and did fail to complete the grading required
by Condition No. 4 as set forth above , and did further
permit or cause the depositing or abandonment of old
automobiles , drums , and divers junk and trash upon the said
premises , and did under improper circumstances and by
improper means cause and procure the release of the Bond
required by Condition No. 6 , and of the surety thereupon.
And your petitioner says that the requirements of Conditions
Nos . 3 and 4 as set forth above, are omitted from the
conditions of the Special Permit granted by the respondent
Board of Appeals on October 1, 1971; that said omission has
the ppasible effect of releasing, exonerating, and excusing
the respondent, RALPH D'AMATO, d/b/a Double D Realty, from
any responsibility or liability to the Town of Agawam, and/
or depriving said Town or its citizens of any practical or
efficacious means of enforcing the required conditions of
the permit granted March 29 1954 , or of rectifying the
deleterious results of their continued violation.
10. And your petitioner further alleges that the respondent
Board of Appeals made no findiggs as to the possibility of
fill removal operations under the above said Special Permit
causing pollutants and/or sand to eventually flow into
Silver Lake and connected bodies of water, or causing excess
runoff, accumulation of stagnabt water, and other pollution
and/or erosion problems, wherefore your petitioner says that
there is no adequate or legally sufficient basis for
approval of a fill removal operation, in view of the absence
of any determination that such an operation can be conducted
without harm to the environment of the neighborhood, and
your petitioner further says that the failure of the
respondent Board of Appeals to make findings regarding the
above matters is wilful, arbitrary and capricious, and
exceeds that powers and authority of said Board, in view of
the faett that such issues have been considered in other
cases , such as cases 696 and 722, wherefore your
petitioner respectfully submits Akat justice and equity
require their consideration in all other cases where such
issues may be germane.
11. And your petitioner says that the respondent Board of
Appeals, by its condition No. 3 to said Special Permit, has
impovperly delegated to private parties the right to
determine final grade elevations in the proposed fill
removal area, and your petitioner says that, particularly
in view of the respondent Board of Appeals ' "deductions"
No. 3, to witl that meeting a "predetermined elevation"
would improve the physical character of the property in
question and the abutting property; such delegation creates
a substantial risk that the final elevation selected by
negotiation between private parties will create a conditir
not in the best interests of the said neighborhood or
its residents .
12 . And your petitioner further alleges that the original
petitioner, RALPH DIAMATO, d/b/a Double D Realty , is not
the owner of the property which his petition concerns
and that refusal of the Board of Appeals to allow said
petition would not have involved any substantial hardship
or any hardship whatsoever to the petitioner as required
by M. G. L. A. Ch. 40A, Section 21 , as a condition precedE
to the allowance of a variation thereunder; that the
allowance of the petition of RALPH DIAMATO , d/b/a DOUBLE I
Realty , derogated from the intent and purpose of the Agaw�F
Zoning By-Laws , is in excess of the power granted to the
Agawam Board of Appeals , and will result in substantial
loss and detriment to your petitioner, to the neighborhooc
in which the proposed permit is granted, and to the
detriment of the people of the Town of Agawam ganeral.ly.
la . And your petitioner further alleges that the neighborhood
affected by the original petition , as determined by said
Board of Appeals , is overwhelmingly a highly residential
neighborhood consisting primarily of single homes , and
that the residents and residential property owners
affected were almost unanimously opposed, and still oppose
the granting of this variance and the granting of the same
by the respondent Board of Appeals was violently repugnant
to and in defiance of the feelings and wishes of the
residents and affected residential property owners of
practically the entire neighborhood; that the variance
allowed by the Board of Appeals will tend to impair
substantially the status of said neighborhood.
14. And your petitioner alleges that he filed his petition for
review of the decision of the respondent Board of Appeals
in the District Court of Springfield on Mnnday , November
B , 1971, in accordance with the requirements of, and
within the time permitted by, M. G. L. A. Ch. 40A, Sec. 21
Paragraph I , that said petition was heard by said Court ,
$Barnes , J. ) on December 14 , 1971 , and that the decision
of said Court, denying the said petition, was filed
December 16 , 1971, and that your petitioner hereby
appeals from the said decision of the District Court of
Springfield, claiming to be aggrieved thereby.
Wherefore your petitioner prays :
1. That the decision of the District Court of Springfield,
affirming the decision of the Agawam Board of Appeals as
set forth above , be annulled; and that the said decision
of the Agawam Board of Appeals be itself annulled.
2 . And for such other and further relief as to this Court
may seem meet, and as justice may require.
THE PETITIONER
., ` yam.
•n`��fy� OMMOMAIM .OF_MASSACHUSETTS
HAMMEN, SS,* DISTRICT COURT
OF SPRINGFIELD
No. 218914
` ISAR F . RAMAH
' y DECEMBER 16, 197 1
Vs.
' RALPH J. D'AMAT 0 d/b/a
DOUBLE D REALTY', THEODORE A.
' PROGULSKE, JOSEPH P. McMAHON,
. , Bo EDWARD DAHDAH, M AR CEL
A. BEDARD, JOHN J. JULIANO
AND DOUBLE D REALrY, INC.
DECISION ON PETITION FOR REVIEW
This is"a petition for' review of the decision' of the Board
of Appeals., Town of Agawam, under Mass . General Laws, Chapter 40A,
Section 21 as amended in the matter 'of a request for a Special
Permit by Ralph D'Amator d.b.a, concerning premises located in the
rear of, 53-3 Mall Street. , Case #743.
The unanimous decision - of the Board of Appeals granting a
Special -Permit' with conditions was filed with the Agawam Town Clerk
on October 15, 1971.
i
After hearing the parties and witnesses and examining exhibits,
I find that said decision was proper. The action of the Board is
herewith affirmed..
{
J. u Barne , Jr. , Ju
F • District court of SF rn
ester sitting at therict
t of Springfield
A true Co'py-Attest .
C >7lstrict Court of SprinF,,fi.elc�
i
Document filed in. Town Clerk's Office on January 4, 1972 at
4 :3oP,Nj.
Edward A . Baba, Town ClerkRR
i
JAB/mfti
�;Yf."• r?' `�'S,�,'�' 4'! !1: .. „n' ",�ji t� /�.^/.y�6ffl- I�T�'Y/..4/}lF4 :�w:•L#`
OCT 1 r.. .71 AM
e�
TOWN OF AGAWAM 2
MASSACHUSETTS
BOARD OF APPEALS 9 : =3
.`q i y
a DECISION OF 8OARD OF APPEALS
TG1'-h,, r E GYWAM
- rs ofcE
!. t l.• i1 r,�..
Date. QCtOber 7o 19 n,
Petition aF __
Douhle_D Qea1t� ---
Promises affected Rear 533 bill Street Case 1.743
The petition of Ralph D'Amato d/b/a Double D Realty requestwl a Special Permit undee
Section 16 (g) of the Zoning Hy-Laws to allow the removal of fill from the property;
located•to the rear of 533 Mill Street. The front line of the plot is located nine'
himIred (900) feet more or less from the southerly street line of Hill Street at ;
533 Hill Street. is
j At a publio hearing held September Ss 19718 Ralph D'Amatos speaking on behalf 'of the
petitioner explained to the Hoard that he wished to remove an amount of fill
' representing the remaining material -of an'old "fill pit" that had been left- in
k. place to meet the requirement of paragraph g-3b, Section 16,. 0eneral Provisions ;
- of the said. Zoning By-Lags. He referred to the waiver of said paragraph g-3b
• furnished by the Board of Appeals in Case #720 and as an abutter to Carmella S. Smith
- he requested a similar waiver, and permission to remove fills otherwise he could not
f most the requirements of the said By-Laws.
i
At .an.Executive Meeting held October 1s 1971s the Board reviewed the stridence
presented at said public meetings coupled with-the physical evidence observed duriv*_ .
-an "oa site" inspection of the premises made by members of the Boards the Boars
arrived at the following deductions t
1. It was evident that the petitioners without relief, could not remove the ;
said "fill"s in addition the said abutters Carmella E. Smiths would be
prohibited from removing the entire amount of "fill" desired,,
2. The removal of "fill" could prove to be an inconvenience and nidsance to _
any neighborhoods however, permission for such removal could carry control
measures severe enough to provide ample means of protection for all
affected parties.
S 3. By allaying petitioner to meet a predetermined elevation at his common
property line with said abutters Carmella E. Smiths the resulting physical
character of the two adjoining properties will be more acceptable to the
neighborhood and community,
Upon consideration of all the facts bhe Hoard concluded that to deny the petitioner .
the right to remove-fill from the'premises would impose a financial hardship on hin# ;I
i as the .petitionerdsin Cases 17181p I720# 1721 and 1722 are dependent opou ingrose {
and egress across his pramdess for the raw yal of "fill" from theirreespectire
! prom"",
i
13JI AV
TOWN OF' AGAIIVAM r2 '
! o•
MASSACNUSETTS �o;' f'- f
_ :2
o: *% :3
of � BOARD OF APPEALS
DECISION OF BOARD OF' APPEALS .,F. AGAWAM
�Efl Ma I ',"P1031 OFFICE
' Date_�tQbe4' Si,l4'IL I .
Petition of . _ DouUt D Realty
Premises affected Rear 533 Mill Street Case #743
4 f
Page 2
i
Also, any relief afforded the petitioner would not be detrimental to the public goad
as suitable control measures could be imposed to protect all concerned. ;
Finally, the Hoard felt that the ultimate elevation between the petitioner and said ,
abutter,Carmalla $. Smith# attained by the rawval of "fill" would be beneficial .
all concerned therefore, aqy relief granted under such conditions would not
substantial].y derogate from the intent of the Zoning By-Lax. +
Tbsrefare, the Hoard of Appealo, by unanimous vote grants a Special Permit for the
removal of fill as petitioned, subject to the follaring conditionst
1. The permit shall be,for a period not to'earaeed two (2) years from the
date of this decision.
2. The permit shall not become operative until the Building Inspector his
proof that the petitioner has filed with the Treasurer of the Town of
Agawam a Performance Bond in a farm acceptable to said Treasurer in the.
amount of 8ne Thousand and Five Hundred (31500.00) doled
3. The petitioner shall comply in full with the requirements laid out in .
Section 16# General Provisions, paragraphs g-3, g-3a, g-3b, g-3o, g-3d
of the Zoning Hy-Lax, which d eals with grades and top soil treament g
excepting said .paragraph g-3b shall not be applicable in that part of thew •
promises where a common property line exists with abutter, said Carmella
E. Smith, who also has permission to remove "fill". In this co=oa area
"fill" may be removed to a predetermined elevation agreed upon by both
owners, A copy of any such agreement shall be filed with the Board
previous to any such removal.
4. Ingress and egress to and from the premises for the removal of "fill"
shall only be by the use of stud bill Street.
S. Adequate dust preventative material eha11 be applied to the routes within
the promises used for the removal of "fill" to eliminate arq air pollution
or nuisance.
6. The petitioner shall provide adequate protection to the Tow of Agawata
, rater line that exists within-the limits of Tr&WaJn Street MdAmiop# so-
called# if he traverses over some# to ensure no damp to saw.
+'it"yMs .n .z.i tit 1 .�'�'. .r'•�•y`•'�' �'ir' r •• -�,_ --.-- _ ' 'r+r�. �•rS:r. s .K�. �•t17�
18 '71 AM
i TOWN OF AGAWAM
• �`"`=� MASSACNUSETTS ?r•�'
BOARD OF APPEALS NA =3
9'•' '4
DECISION OF BOARD OF APPEALS f'
arl:o M OF AG.'V&M
Date---"
Petition of Double D_RealxY_ --- --
pmMiles, affected Bear Kill Cass 743
0 ftg* 3
7, No "fine shall be removed from the Pr as before sight (8) ofalodt A.K.
or after five (S) otolock P.Me
8, No "fill" shall be removed from the prow as on Su61gys or legal hosidtyys.
9. The petitioner shall properly e',pervise the fill removal operation so that
no sand or pollutwts will eventually flow into W waterways located
either on the petitioner's said promises or on land of others.
10. All stumps, limbs and debris resulting from clearing preparatory to "fill"
removal shall be removed from the premises prior to any such removal,
U. The grade of any route for the removal of "fill" shall*be maintained at a
grade so that the flow of arpr runoff waters if arWp shall be oonstant
and not da=zd up.
12, Adequate traffic safety control of the, trucks entering and leaving Mill
Street shall be ded the petitioner
, protri by pe and/or his agents to protect
the vehicular and pedestrian traffic on s aid public way. i
13. Upon completion of the fill removal operations the petitioner shall grads �
the excavated area so that no stagnant pogla of water will collect on f;
said premises.
14, Finally# azr further requirements recommended by the Building Lopeetor''
and/or the Hoard of Appeals during the removal operation rLpUi in their
opinions 3s for the "public good" will be promptly acted upon by the t:;
petitioner. If the petitioner fails to take such prompt actions the `
Building Inspector shall aloes the removal.'operation down. '
This decision .was received in .the. Town Clerk _s •'Office on the above. d'ate. �
Edward: A'.�'Caba` ,:Town' Clerk`
Ff
ISAR F. RAMAH
VS
RALPH J. D'AMATA, dba DOUBLE
D. REALTY, DOUBLE D. REALTY,,
INC. , THEODORE A. PROGULSKE,
JOSEPH P. MCMAHON , JR. ,
JERRY L. ZERRA, MARCEL A.
BEDARD, JOHN J . JULIANO and
B. EDWARD DAHDAH, former mem-
ber.
BILL IN EQUITY UNDER
M.G,L.A. CHAPTER 40A, SEC-
TION 21 , PARAGRAPH II
FROM THE OFFICE OF:
EDWARD HURLEY, ESQUIRE
115 State Street
Springfield, Massachusetts
s'oo
film ;amSjw7A s-,,pP_R,aRco LP+
i •
OCT 1 ; '71 Aid!
FAD TOWN OF AGAWAM
O 93 MASSACHUSUTS 11
10'e '
BOARD OF APPEALS g`
ZC' 8 ,,:'4
'pDpR Mp�� DECISION OF BOARD OF APPEALS 6
arFo TOO, . AGAVlAM
;VS OKICE
Date_ October 5s 1971
Petition of Double D Realty Ra oh D'Amato)
Premises affected Rear__533 Mill Street Case #743
The petition of Ralph D'Amato d/b/a Double D Realty requesteA a Special Permit under
Section 16 (g) of the Zoning By-Laws to allow the removal of fill from the property
located to the rear of 533 mill Street. The front line of the plot is located nine
hundred (900) feet more or less from the southerly street line of Phil Street at
533 Mill Street.
At a public hearing held September 8, 1971, Ralph D'Amato, speaking on behalf of the
petitioner explained to the Board that he wished to remove an amount of fill
representing the remaining material of an old "fill pit" that had been left in
place to meet the requirement of paragraph g-3b, Section lb, General Provisions
of the said Zoning By-Latins. He referred to the waiver of said paragraph g-3b
furnished by the Board of Appeals in Case #720 and as an abutter to Garmella E. Smith
he requested a siadlar waiver and permission to remove fill, otherwise he could not
meet the requirements of the said By-Laws.
At an Executive Meeting held October 1, 1971, the Board review d the evidence
presented at said public meeting, coupled with the phWsical evidence observed during
an "on sites' inspection of the premises made by members of the Board, the Board
arrived at the following deductions:
1. It Has evident that the petitioner, without relief, could not remove the
said "fill", in addition the said abutter, Carmella E. Smith, would be
prohibited from removing the entire amount of "full" desired.
2. The removal of "fill" could prove to be an inconvenience and r4d.eance to
any neighborhood,# however, permission for such removal could carry control
measures severe enough to provide ample means of protection for all
affected parties.
3. By allowing petitioner to. meet a predetermined elevation at his common
property line with said abutter, Carmella E. Smith, the resulting physical
character of the two adjoining properties will be more acceptable to the
neighborhood and community.
Upon consideration of all the facts the Board concluded that to deny the petitioner
the right to remove fill from the premises would impose a financial hardship on him,
as the petitionerdsin Cases #718, #720, #721 and #722 are dependent upon ingress
and egress across his premises for the removal of "fill" from theirrrespective
premises.
F a q� TOWN OF AGAWAM ►+,,,,,z,,�,,
o - 9 MASSACHUSETTS '-_2
9= '
BOARD OF APPEALS
DECISION OF BOARD OF APPEALS = uF AGAWAM
RATED MP rI rPK'S ()FF'rF
Date October 5, 1971
Petition of Double D Realty
Premises affected Rea` 533 Mill Street Case #'�J�3
Page 2
Also, any relief afforded the petitioner would not be detrimental to the public good
as suitable control measures could be imposed to protect all concerned.
Finally, the Board felt that the ultimate elevation between the petitioner and said
abutter,Carmella E. Smiths attained by the removal of "fill" would be beneficial to
all concerned therefore,* any relief granted under such conditions would not
substantially derogate from the intent of the Zoning Bp Lair.
Thereforre, the Board of Appeals, by unanimous vote grants a Special Permit for the
removal of fill as petitioned, subject to the following condition s
1. The permit shall be for a period not to exceed two (2) years from the
date of this decision.
2. The permit shall not become operative until the Building Inspector has
proof that the petitioner has filed with the Treasurer of the Torn of
Agauam a Performance Bond in a form acceptable to said Treasurer in the
amount of ene Thousand and Five Hundred ($1500.00) dollars.
3. The petitioner shall comply in full with the requirements laid out in
Section 16, Cenral Provisions, paragraphs 9--3, 9~3as g3b, 9-3c, 9-3d
of the Zoning By-Lair, which deals with grades and top soil treamsnt,
e=epting said paragraph g-3b shall not be applicabke in that part of the
premises where a common property line exists with abutter, said Carnlla
E. Smith, who also has perudssion to remove "fill". In this common area
"fill" may be removed to a predetermined elevation agreed upon by both
owners. A copy of any such agreement shall be filed with the Board
previous to any such removal.
k. Ingress and egress to and from the premises for the removal of "fill"
shall only be by the use of sUd Mill Street.
5. Adequate duet preventative material shall be applied to the routes within
the premises used for the removal of "fill" to eliminate any air pollution
or nuisance.
b. The petitioner shall provide adequate protection to the Town of Aga►ram's
water line that exists within the limits of Franklin Street Extension, so-
called, if he traverses over same, to ensure no damage to same.
FA � TOWN OF AGAWAM �,_G = 90
�0 9 MASSACNUSETTS
BOARD OF APPEALS �= �� =3
MP��1 DECISION OF BOARD OF APPEALS 6 5
gTE0 , %:JVVN QF AGAWAM
Date October 5, I ,71
Petition of Double D Realty
Premises affected Rear 533 Hill Street Case #743
0 Page 3
7. No nfill" shall be removed from the premises before eight (8) o'clock A.M.
or after five (5) o'clock P.M.
8. No "fill" shall be removed from the premises on Sundays or legal holidays.
9. The petitioner shall properly supervise the fill removal operation so that
no sand or pollutants will eventually flog into any waterways located
either on the petitioner's said premises or on land of others.
10. All stumpa, limbs and debris resulting from clearing preparatory to ''fill"
removal shall be removed from the premises prior to any such removal,.
Il. The grade of any route for the removal of "fill" shall be maintained at a
grade so that the flow of any runoff water, if any, shall be constant
and not dammed up.
12. Adequate traffic safety control of the trucks entering and leaving Mill
Street shall be provided by the petitioner and/or his agents to protect
the vehicular and pedestrian traffic on said public way.
13. Upon completion of the fill removal operation, the petitioner shall grade
the excavated area so that no stagnant pools of water will collect on
said premises.
14. Fir9LU.Vs any Rather requirements recommended by the Building Inspector
and/or the Board of Appeals during the- removal operation AM*# in their
opinion, is for the npublic good" will be promptly acted upon by the
petitioner. If the petitioner fails to take such prompt actions the
Building Inspector shall close the removal operation dorm.
B GIRD OF APPME LS *=IWO • October 1, 1971
Executive Session 2:00 P.M. Case #743
Double D Realty, Rear 533 Mill Street
Attending: T. A, Progulske, Acting Chairman
John J. Juliano, Sr., Member
J. P. McMahon, Jr., Clerk
The Board reviewed the evidence presented by the petitioner at the public hearing held
September 8, 1971 and judged the following facts to be must pertinent:
1. The amount of fill to be removed represented the remaining material of an old
"fill pit" that had been left in place to meet the requirements of paragraph
g-3b, Section 160, General Provisions of the Zoning By-Laws. The petitioners
in Cases #718, #720, 0721 and #722, who had been given Board approval for
the removal of "fill" from their respective premises, are dependent upon ingress
and egress across the petitioner's premises for the removal of such "fill'.
It was evident that to deny the petitioner the right to remove fill from the
premises would impose a financial hardship'on him as well as on the petitioners
in said four (4)"Bases" detailed above.
2. It was, also, apparent that any relief granted the petitioner would not be
detrimental to the public good providing suitable control, measures Were
imposed to protect all concerned.
3. Finally, it was felt that the final elevation between the petitioner and the
abutter on the west, Carmella E. Smith, reached by the removal of "fill" would
be more acceptable to the neighborhood and the commmity rather than the
irregular terrain now existing. Any relief granted idm to improve the terrain
would not substantially derogate from the intent of the said Zoning By--Laws.
Therefore, the Board of Appeals, by unanimous vote approved the granting of a Special
Permit for the removal of fill as petitioned, subject to the following conditions:
1. The permit shall be for a period not to exceed two (2) years from the date
of this decision.
2. The permit shall not become operative until the Building Inspector has proof
that the petitioner has filed with the Treasurer of the Town of Agawam a
Performance Bond in a form acceptable to said Treasurer in the amount of
One Thousand and Five Hundred ($1500.00) dollars.
3. The petitioner shall ommply in full with the requirements laid out in
Section lb, General Provisions, paragraphs g-3, g-3a, 6-3b, g-3c, g 3d of the
Zoning By-Law, which d eals with grades and topsoil treatmexit, excepting said
paragraph g 3b shall not be applicable in that part of the premises where a
common property line exists with abutter, said Carmella E. Smith., who also
has permission to remove "fill". In this common area "fill" may be removed
to a predetermined elevation agreed upon by both owners. A copy of any such
agreement shall be filed with the Board previous to any such removal.
4. Ingress and egress to and from the premises for the removal of "fill" shall
only be by the use of said Mill Street.
5. Adequate dust preventative material, shall be applied to the routes within the
premises used for the removal of "fill" to eliminate any air pollution or
nuisance.
BOARD OF APPEALS MEETING OCTOBER 1, 1971
Page 2
6. The petitioner shall provide adequate protection to the Town of Agawam's
water line that exists within the limits of Franklin Street Extensions so—
called, if he traverses over same, to ensure no damage to same.
7. No "fill" shall be removed from the premises before eight (8) o'clock A.M.
or after five {5} P.M. '
8. No "fill" shall be removed from the premises on Sundays or legal holidays.
9. The petitioner shall properly supervise the fill removal operation so that no
sand or pollutants will eventually flog into any waterways located either on
the petitioners said permises or on land of others.
10. All stumps, limbs and debris resulting from clearing preparatory to "fill"
removal shall be removed from the premises prior to any such removal.
11. The grade of any route for the removal of "fill" shall be maintained at a
grade so that the flow of any runoff water, if any, shall be constant and
not darumed up.
12. Adequate traffic saffty control of the trucks entering and leaving bill Street
shall be provided by the petitioner and/or his agents to protect the
vehicular and pedestrial traffic on saidpublic way.
13. Upon completion of the fill removal operation, the petitioner shall grade
the excabuted area so that no stagnant pools of grater ziu:kk will collect
on a" premix es.
14. Finallys any further requirements recomananded by theBuilding Inspector and/or
the Board of Appeals during the removal operation which, in their opinion,
is for the "public good" will be promptly acted upon by the petitioner. If
the petitioner fails to take such prompt action, the Building Inspector shall
close the removal operation dawn.
Adjourned at 2:30 P.M.
Respectifily submitted,
J. P. Vahon, Clerk
BOARD OF APPEALS MEETINGAI
tear :, 1971
The following members attended the 8:30 P.TI. Meeting:
T. A. Progulake, Acting Chairman
John J. Juliano, Sr., Member
J. P. McMahon, Jr., Clerk
Appeal, of Ralph DtArato, Rear 533 hill Street Case §7k3
The petitioner is seeking a Special Permit under Section 16 (g) of the Zoning By-Lair to
allow the removal of fill from the property located to the rear of 533 I= Street.
The front lire of the plot is located nine hundred (900) feet more or less gram the
southerly street line of Mill Street at 533 Mill Street.
Three (3) persons attended the meeting.
The Chair introduced the Board membere, stated the rules of procedure and finally read
the legal published notice of the meeting.
At this point the petitioner called to the Board's attention that the petition was in the
name of Double D Realty rather than Ralph D'Amato. He then explained that he wished to
remove the remaining fill from his old pit left to conform with the Zoning By-Law.
The said fill abuts the Smith property and we vish to reach a commondgrade as allowed
Mrs. Smith by the Boards decision in Case #720.
The Chair acknowledged that the difference in grade between the petitioner and Bars. Smith
was caused by the said By-Lai►, and that it seemed practical to cut the petitioner*s
grade at the same time the Smith grades was cut to achieve a couunon grade.
The petitioner confirmed this though.
Mr. Pisan, 553 14M Street, stated that in carrying out a coniinuoue grade established
by all, property owners interested would avoid complaints on different grades.
Isar Ramesh, 325 Cooper Street, in opposing the petition asked if he could see on the
plan filed with the Hoard where the locus was.
The Chair pointed out the location and remarked it was approxLmately two thousand (2000)
feet long by twenty (.20) feet wide abutting the Smith property.
Mr. Ramesh then proceeded to point out that this was the same parcel he had requested
the Hoard of Selectmen to investigate, said investigation invoLting the Torte Fly near
and Town Building Inspector. He contended that fill had been removed from fifty (50)
or sixth (60) acres and never graded or seeded. In spite of this, bonds had been
released and in his opinion the petitioner had not lived up to his contract over the
past ten (10) years. Mr. Ramah did not know how long investigation would take as a
survey had to be made and an on site inspection made. He stated he hoped Board was
aware of investigation and felt judgment could not be made by Board until satisfaction
was reached.
The Chair stated Mr. Flamahts statements were so noted and the Board would take
recognition of same in it's decision.
Member Juliano made reference to Mr. Ramahts letter to the Board of Selectmen concerning
the investigation, a copy of which is filed with the case under consideration.
The Clerk of the Board asked the petitioner the following and received answers to same:
1. Do you have Mrs.- Smith's written permission to meet a. c==on._gr de at` her
property line? Ans., "I do."
BOARD OF APPEALS i STIHG September 8, 1971 7`l-3
Page 2
2. Who owns Franklin Street Ext.? Ans., "I do."
3. Will proposed removal of fill conflict with Toren Crater pipe located within
Franklin St. Ext.? Ans., "No, grater pipe is easterly of fill to be removed,
grade of Franklin St. Ed. was lowered during previous fill removal and pipe
was lowered accordingly."
Of
4. Can you give Board estimate of amount of fill to be removedl
Ans., "No, I have not calculated same."
5. As there W outer property owners except Mrs. Smith, involved in your
removal? Ana., "No."
b. May the Board have a copy of your deed to the property?
Ans., "Yes, if there is not already a copy of such in your tiles with my
previous petition for fill removal/"
No one else appeared in opposition to the petition.
No correspondence was received by the Board in this matter.
Mr. Losit6 inquired how long the investigation discussed earlier might take, would it
hold the Board's decision up?
The Chair answered that the Board was not aware of the action the Hoard of Selectman
would take as no official notification had cone from said Selectmen. The Board of
Appeals was aware, however, that the previous permit was closed out. Said Board will
have to judge on the petition before it to remove the remainder of fill.
The Chair then explained how anyone could obtain a copy of the decision and further
how an aggrieved party to the Board's decision might seek relief.
He then adjourned the meeting at 8:$O P.M.
Respectfully s
ubmitted,
J. P. McMahon, Jr. lerk
Copy of Decision to: Isar Ramah, 325 Cooper Street
Minutes received - 9/29/71
Minutes typed - ll/11/71
Minutes to Mr. Cabe -
Decision received - LD 5/71
Decision typed - 10/5 71
Decison Mailed - )(egistered Mail -10/7/71
Decision to l-ir. Caba - 10/18/71
TOWN OF AGAIAM
MASSACHUSETTS
y �
pMP� BOARD OF APPEALS
No,
Filed
Hearin
Application to Board of Appeals for Permit to move loam, gravel, etc,
Applicant Double D Realty Address 25 Holland Drive
Application is hereby made for permission to remove fill from the property
owned by applicant.
Premises affected are situated on Rear of 533 Mill. Street feet distant from
the corner of Street and known as NUMBER Street. Property
is 7.oned as Agriculture
Area of plot affected is 402000 square feet. Depth of proposed excavation is 151
]below present grade. Front line of plot is 900 feet from street line.
Area of fill to be removed wmilr4 ca 2z with requirement of
-- tease .#720., Condition_#3 .
AW, z 0 '71
.5nrerr�
v 1
U1NI�� OF AGAWANf
Signatur of o r or his authorized Agent
TOWN CLERK'S OFFICE r
NOTICE. -- This application must be filled out in ink or typewritten.
Jll� 2 71 AM .
OF Aaq� TOWN OF AGAWAM �-.�
MASSACNUSETTS : :A
ft _ ,
B PPE BOARD OF APPEALS
.�.
�Ay�1 DECISION OF BOARD OF APPEAL W
I�i OF AGAI�jaM
ATE I u
TOWN CLERK'S OFFICE
Date
Petition of— Fre i Pri ck H_ 1"Gmat.n
! Premises affected _. enr $05 Mill Strept Cnsp f1799
The petition of Frederick H. D'Amato requested a Special Permit under Section
16 (go of the Zoning By-Law to allow rejaov�il of fill from the property located to the
rear of 595 Kill Street.
At a public hearing held February 17, 1971 , Ralph D'Amato representing the
petitioner explained to the Board ti.at Y,is brother wished to remove fill from
the premises bpt would be unable to do so and naeet the present By-1zw recuire-
ments.
At an Executive Meeting held t+ay 5, 1971, the Hoard weighed carefully all the
facts presented at the said hearing and the physical evidence observed during
an "on site" inspection of the premises.
The Board felt the following major considerations allowed thev'to arrive at
a judicial decision:
1:. The petitioner's land, comprising of approximately 2.57 acres,
is located several hundred feet southerly of said Mill Street,
having no street frontage and is reached by use of travel. rights
over the land of others.
2. It would be impossible for the petitioner to develop the }.remises,
so located', in the usual manner of a sub-division for house .lots
without some acceptable means of travel to and -from a public way. 41
It wouM appear such means of travel are not available.
36- A "fill bank" operation, not properly supervised, could prove to be
an inconvenience and nuisance to the neighborhood, however, per-
mission for such an speration could carry control. measures severe
enough to provide ample means of protection for all. affected
parties.
r
It is a well known fact that the extension of the State Highway
r known as "Rte 57 By-rPasa' will be Iocated either through or in
the near vicinity of the petitioner's land and that of his abutters.
5. The above mentioned "on site" inspection revealed the remains of a
sizable "fill bank" located easterly of the petitioner's premises,
,; formerly operated by one, Ralph D'Amato.
F A A AM JUL2171 AM
TOWN OF AG W
MASSACHUSETTS
BOARD OF APPEALS
�oppOA �Py�'1 DECISION OF BOARD OF APPEALS '� �- .
ATED
i OWN OF AGr,W M
TOWN CLERK'S OFFICE
Date June 20_, 1 1 -�
Petition of Frederick F. D'Amato
Premises affected Rear, 5r45 +4i 11 St-PoSt Case §722
Page 2
b. The possibility of any confliction, conservation wise, such as
water pollution and washing of sand from a "fill bank" into
Silver Lake had been given serious thought by the Board pre-
viously when considering Case #696. At that time, it had been
determined that if such ever occurred the Agawam Conservation
Commission would act under its authority.
Upon weighing all the evidence the Board concluded that to deny the petitioner
the right to remove fill from the premises, inasmuch as this is the only
f benefit to be derived from sate, would impose a substantial finar:cial
hardship on him.
i .
r' Again, any refief furnished the petitioner would not be detrimental to the
: public good as suitable control measures could be ii:iposed to protect all
concerned; in addition, the Board acknowledged that the said "Hte 57 By-Pass"
E would possibly sever the premises of the petitioner and several abutters
sometime in the future, thereby creating substantially more hardship to the
area than the operation of a "fill bank" would for a limited period of time.
tFinally, it was felt by the Board that inasmuch as the physical character
: of the irnmediate area had already changed due to the presence of at least one
"fill bank", that permitting an additional such "bank" under strictly enforced
regulations would riot substantially derogate from Ue intent of the Zoning
} By-Law.
r
Therefore, the hoard of Appeals, by unanimous vote grants a Special Permit
for the removal of fill as petitioned subject to the following conditions:
T. The permit shall be for a period not to exceed two (2) years
• from the date of this decision.
�.. 2. The permit shall not become operative until the Building Inspector
has proof that the petitioner has f'ildd with the Treasurer of the
`sown of Agawara a Performance Bond in a form acceptable to said
Treasurer in the amount of Three Thousand Seven Hundred and Fifty
($3,750.00) dollars.
3. The petitioner shall comply in full with the requirements laid out
• in Section 16, General Provisions, paragraphs g-3, g-3a, g-3b, g-3c,
g-3d of the Zoning By-law, which deal with grads and to}:soil treat-
ment, excepting said paragraph g-3b shall. not be applicable in that
l:art of the premises where a common property line exists with an
abutter who also may be removing fill from his land after having
CZvfjtt of ckgafttin
Precinct 1
NOVL'MBER 5, 1974
VOTING AUTHORITY NQ 1662
This certificate must be handed to the election offices
in charge of the voting machines in order to vote
This form approved by the Secretary of the Commonwealth
FA qTOWN OF AGAWAM ' 271 AM -
�o MASSACNUSETTS �� a
BOARB OF APPEALS z
DECISION OF BOARD OF APPEALS e'-.�""'"`'''S` 4
�RATE�Ma 6
TUWN OF AGAWAM
Date TOkune L�qK i 7 OFFICE
Petition of Frederick H. B'Amato
Premises affected _ Rnar 505 Mill 5t.roet- C n-e !1727
Page 3
received proper approval from the Poard of Appeals, In such an instance,
"fill" in the vicinity of such a common property line may be removed to
a predetermined elevation agreed upon by both owners. A copy of :ny
such agreement shall be filed with the Board previous to any such removal.
1F. Ingress and egress for tfie ru,,noval of "fi11" shall be only across lands
of Garmella Smith et, al and other lands of the petitioner to and from
Mill Street, in the vicinity of tho driving r&nge, so called.
5. le petitioner shall furnish t$ie Board an executed cc;-y of the right
travel agreement entered into by the interested abutters hefore
the, said per,nit shall become operative. Withdrawal of one sigriature
from same in the future will void the agree,r.eiit in the eyes of the
Board. Removal of fill will then stop until the Poard approves a
substitute right of travel Play.
b. Adenuate oil penetration shall be applied to the r ute of travel
established by the interested landmvners to eliminate an,i dust
nuisance.
7. The petitioner and/or others interested in "fill" re-moval shah,
provide adequate protection to the Town cf,Agawam's water- ?ine
that exists within the limits of Franklin Street Extension, so
called, to ensure no damage to same by trunk traffic ;-assing
thereover.
8. No "fill" shall be removed from the premises before eight (8)
o'clock A.F1. or after five (5) o'clock P.N.
9. No "fill" shall be re-moved from the premises can Sundays or legal.
holidays.
10. No mixing of other materials, such as salt, etc. , witi. the fill,
shall take place on the property and no such materials shall be
stored thereon.
11 . The petitioner shall properly supervise the fill removal operation so
that no sand or pollutants will eventually flow into any waterways
located either on the petitioner's said property or on land of others.
FA TOWN OF AGAWAM
o R�' MASSACNUSUTS
%A' BOARD OF APPEALS Pa,
�1Y 1
DECISION OF BOARD OF APPEALS
TC)WN OF AGAWAIM
TONJNiana SRK'S OFFICE
Date , .._
Petition of Frederick H. D'Amato
Premises alladed Rear 595 Mill Street QQ
Page 4
12. All stumps, limbs and debris resulting from clearing preparatory to
".fill" removal shall be removed from the premises prior to any
such removal.
13. The petitioner shall constantly maintain a passable right-
of-way through the premises so as not to interfere with the
reasonable rights of others in their legal use, if any, of any
such right--of--gray. The grade of any such right-of-bray shall
not exceed the maximan slope refOnmended by the Mass. State
Highway Uopt. in laying out State highways. Further, he shall
maintain any such right-of-way so that the flow of any run off
water shall be constant and not dammed up.
1h. The petitioner shall be solely responsible for any dwnape' cabled
to properties traversed during the period of removal operation.
15. Adequate traffic safety control of the trucks entering and lnavi_nE
Mill. Street shall be provided by the Petitioner, an/or his anent,
to protect the vehicular and pedestrian traffic on said public
way.
16. Upon completion of the fill removal operation, the vVitioner shall
grade the excavated area so that no stanant pools of water will
collect in said area.
17. Finally, any further requirements recommended by the Bu _ldinr= Ins-
pector and/or the Board of Appeals during the removal operation
which, in theii opinion, is for the "public good" will be nromptly
acted upon by the petitioner. If the petitioner fails to take such
prompt action, the Building Inspector shall, close the removal opera-
tion down.
r
6 . 30- 7I
PLANNING BOARD
AGAWAM, MASSACHUSETTS
RA7FQ Ay CERTIFICATE OF VOTE
.mom
Notice io hereby given that the Agawam Planning Board on September 28, 19700
vote unanimously to waive the sidewalk requirement concerning the location
of the sidewalks on-both sides of the Trays so that the developer does not
have to construct any sidewalks on the plan entitled "Plan and Profile of
Old Mill Road and Holland Drive, Agawam, fuss. Scale 1" - 401 Horz. 1"
4' Vertical January 10, 1965 Smith & Wallen Engineering Company, Inc.
602 White Street - Springfield, Mass.
AGAWM PLANNING BOARD
September 28, 1970
Roy E. enjamin, C
Francis E. Bouley, Sr.
Vincent X. Connor
HamFd en es ` CL:��L —
Commonwealth of Massachusetts Albert J. Christopher
Then personally appeared the above named members of the Agawam Planning Board
Roy E. Benjamin, Francis E. Boulay, Sr., Vincent 14. Connor, and Albert J.
Christopher and acknowledged the foregoing to be their free act and deed before
Mee / D
My Commission Expires December 14, 1973
t TOWN OF AG*AM
MASSACHUSETTS �
y� 1�
BOARD OF APPEALS
No.
Filed
Hearing--
Application to Board of Appeals for Permit to move loam, gravel, etc.
Applicant Address , p f � . r,.,,
Application is hereby made for permission to remove Ff,11 from the property
owned by applicant.
Premises affected are situated onR041.� _ J / J AYI (r Street feet distant from
the corner of Street and known as NUMBER Street. Property
is Zoned as IPA 1,V/I Z f.
Area of plot affected Is yL. '-' 04>. square feet. Depth of proposed excavation is
inches below present grade. Front line of plot iis� feet from street line.
.'r AGAWAM ILDIN(3 pEPT.
Si to of owner or his authorized Agent
NOTICE: -- This application must be filled out in ink or typewritten.
BOARD OF APPEALS MEETING February 17, 1971
The following members were present at the 8:30 P.M. Meeting:
T.A. Progulske, Acting Chairman
B. Edward Dandah, Member
J.P. McMahon, Jr., Clerk
Appeal of Frederick H. D'Amato1 Rear 595 bill Street Case #722 ..
The petitioner is seeking a special permit under Section 16 (g) of the Zoning By-Law
to allow the removal of fill from the property located to the rear of 595 Mill Street.
The front line of the plot is located 190O feet more or less from the southerly
street line of Mill Street.
Six (6) persons attended the hearing.
The Chairman first introduced the Board members, then read the legal advertisement
of the hearing, to which there were no objections, and finally stated the procedures
adopted by the Board in running such a public hearing.
The Chair then called upon the petitioner to present his case.
Ralph D'Amato presented himself as representing his brother, the petitioner. Mr.
D'Amato stated the Board was familiar with the area and pointed out the location of
his brother's parcel on the Assessor's plan in possession of the Board. He further
stated that the continuation of Rte. 57 By-Pass was to pass through this area which
would require fill and appeared certain that fill would be removed from the entire
area.
Member Dandah, "Did Smith and Viallen Eng. Co. search the right of way shown on plan?"
D'Amato, "I couldn't say if a search was made, this is the same right of way described
by each of the previous petitioners."
The Chair, "This must be the right of way referred to in the deed to Mengis which
was filed with the petition:r. By the way who does own this land, if your brother
does, we should be provided with a copy of the deed into him."
D'Amato, "I didn't realize you had only a copy of the Mengis deed. I will request
my brother to supply you with a copy of his deed."
At this time Mr. losito, a spectator, stated Mengis was the previous owner.
The Chair, "What is the estimated yardage to be removed?"
D'Amato, "There is no estimate of such, the depth of excavation will be the same as
everyone else."
The Chair, " What right of way do you intend to use?"
D'Amatc, "We plan to use the same as everyone else."
BOARD OF IPPEALS 14FETING February 17, 1971
Page 2
The Chair, "The Board has received notice from the Town's DPW that there is a sixteen
(16) inch water main in Franklin Street Ext. covered by an easement taken, said main
being five (5) feet below existing grade. Can you enlighten us if the five (5) feet
is on the hill or in the cut and how close it is to the Carmella Smith property."
(Chairman used said Assessor's plan in asking this question.)
DIAmato, "Pipe follows road as shown on plan."
The Chair, "Has Franklin Street Extension been moved?"
D'Amato, "hio."
The Chair, "Then the paper street still exists as shown on plan. The main is buried
five (5) feet beneath present grade here (Chairman drew finger along the street layout
as shown on Assessor's plan.) Would it be possible to negotiate for travel rights
across your property to reach Mill Street?"
D'Amato, "Yea, if we could get everyone to agree, this route would be the lesser of
all evils."
The Chair, "Perhaps the driving range could be avoided by going nearer the tennis courts.$
D+Amato, "The high way is coming thru shortly, the land owners need a permit in their
pocket and then they can talk with a contractor."
The Chair asked if anyone else were in favor of petition with no response.
John Gueil, owner and previous petitioner on abutting land, "We previously rode over
the rights of travel to and from Mill Street and the route over the Ralph D'Amato
property to Mill Street looked the best."
Arthur Saueville, 54 Charles Street, "Will the fill removed be utilised for the Rte.57
By-Pass?n
Member Dandah, "There will be no restriction placed by Board on where fill may be used.,,
Mr. Sausville, "All of the three possible routes of the highway appear to hit this
specific area. Recently, at a Selectmen's meeting I heard the comment that it would
be seven (7) years before construction would be started. How long would the removal
permits be for, ten (10) years?"
The Chair, "The Board establishes the term of each permit on the merits of same."
No opposition appeared upon request of the Chairman.
There was no correspondence to consider.
The Chaik explained that the Board would view the promisees when weather permitted.
The Petitioner's spokesman made no closing statement.
i • V-�' 4
BOARD OF APPEALS MEETING February 17, 1971
Page 3
The Chair explained the rights of an aggrieved party to the decision of the Board and
then stated anyone desiring a copy of the decision should notify the Clerk of the
Board.
Meeting adjourned 8:$O P.M.
Respectfully submitted,
Joseph P. McMahon, Jr., Clerk
Copies, please, to:
Isar F. Ranah, 325 Cooper Street, Agawam
Arthur E. Sausville, 54 Charles Street, Agawam
Minutes received -- 3/1/71
Minutes typed -- 3/19/71
Minutes to Mr. Caba —
Decision redeived --
Decision typed -»
Decision mailed ----
Decision to Mr. Caba ---
PAR 2b71AN
i ?2 i
112"
s2
AGAWAM
rn'104 CLERK'S OFFICE
TOWN OF AGAWAM d- a AGAWAM, MASSACHUSETTS
Office of the Planning Board
March 3 , 1967
Mr. Edward A. Caba
Town Clerk
Agawam, Massachusetts
Dear Mr. Caba:
This is to inform you that the Planning Board approved and
signed the plans for a Sub-Division Approval Not Required
on February 28, 1967 for the property of Double "D" Realty
( Ralph D'Amato) on the corner of Mill Street and Holland
Drive, Agawam, Mass.
Yours truly..
By
.HG/mbs jGLAir,
TOWN OF AGAWAM
TOWN CLERK'S OFFICE
MAR 3 iGb7
PAL
A.M..M. 01uii21lI2I8IiIglq
4S FORM A . q 61
APPLICATION FOR ENDORSEMENT
OF PLAN BELIEVED NOT TO REQUIRE APPROVAL
File one completed form with the Planning Board and one
copy with the.Town Clerk in accordance with the requirements of Section 11-13.
Agawam, 1llass. . .F.ebruary. . 2.7. . 1967 . . .
To the Planning Board:
The undersigned, believing that the accompanying plan of his property in the Town of Agawam
does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits
said plan for a determination and endorsement that Planning Board approval under the Subdivision Control
Law is not required.
1. Name of Applicant . Double 'tD" Realty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I ... . .. . . . . .. . . . . . . . .
Address 225 Springfield'. St. Agawam, Mass.. . . . . . . . . . . .. . . . ... . . . .
2. Name of Engineer.or Surveyor . . . . . .. . . . . .. . . . . . . . . . . . .
Address - .b0�. W113tA . Ptr.� . 5P;ringf.�eld.,. .M4S.4r. . . .. . ... . . . ... . .. ... . . .
li. Deed of property recorded in . . 5?I20A�1. .QQ.Wlt.3t. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . Registry,
Book . 3 17 0. . . . . . . . . . .. Page . 571 . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . .. . . . . . .
4. Location and Description of Property: Property located at the South-East corner
of Mill St. and Holland Dr.
Beginning at an I.P. , said I.P. being N 76-48-12 w 323..40 ft.
from a concrete bound on the Southerly side of 14111 St. Thence
S 27 11-40 w 265.03 ft. to an I.P. along land of Double "D" Realty,
Thence along Lot # 12 N79-45a58 W a distance of 13.65 ft. to an
I.P. and to the Easterly line of Holland Drive, Thence along
Holland Drive, along a curve with an Arc Distance of29.74 and a
Raduis of 100. 00 ft. to a concrete bound, Thence along' Holland
Drive N 06-57-25 W a distance of 185.05 ft. to a concrete bound,
Thence along a curve with an Arc Distance of 74.70 and a Raduis
of 40.00 ft. to a concrete bound at the Southerly Line of Mill St.
Thence along the Southerly line of Mill St. along a curve with an
Are Distance of 52.37 and a Raduis of 950.00 ft. to a Mass.
Highway Bound, Thence along the Southerly line of Mill St. S 76-48-12 E
a distance of 6o.00 to the point of beginning. Containing 21,493 Sq. Ft.
Also a 10.00 Ft. wide easement along the Northerly line of Lot
# 13 and parallel to Mill St. , To other land of Double "D" Realty.
TOWN OF AGAWAM
TOWN CLERK'S oFFikcEIVEo FEB 2 7 199 n
Signature of owner �R. .. .� .l.0
271967
71412ROW-0-FRIAlmif . Address
17 ��
'i'C:7i: OF ACA;yA:-.
ASEKENT YCR WATER DISTRTBUT102 SYST1 -:
:-ALL STHK;T, AGA7.:1;-:, 243SACI'HUSETTS
u, Ralph J. D4Amsto and Frederick H. D'Amato, both of Agawam, Hampden County,
Khosachusetts, for consideration paid, receipt and sufficiency of which is horeby
acknowledged, hereby grant to the Ton of Agawam, a municipal corporation located
in Hampden County, the following described easement for a public purpose, to Exit:
An easement in certain lands located in the Ton of Agauam for the purposo of
Crater mains including the right to lay, construct, and use said :•rater mains, with
all necessary appurtenances, in and through the land herein described, together
with the right to enter upon said land to inspect, repair, maintain or recon-
struct said crater mains;
The land ;rith?n oldch said easement, is hereby granted is sha..rn as Peecins
hvenue on a plan recorded in Hamadan County Registry of Deeds, Plan Bock T,
Page 18, and entitled:
RPERKIKS LITTLE FARE
AGX-1,Pa=:, :!ASS.
SCALE 111 = 2001
STEEIE BROS. ENG IRS
JUNE, 1923"
Said eas ment Ming fifty (50) feet in width, having parallel sides, tho c-reot
crly sideline of said easement being more particularly described as follows:
Beginning at an iron pipe on the southerly sideline of Vill 5troot, said iron
pipe being also the northwest corner of land of the grantor,
Thence S 60 50' E a distance of trranty-six hundred twenty-onz ar_d twelve
0ndredth ,(2621.12) feet;
Then& S 2° 021 E approximately two hundred fifty (2500) feet to a point, said
point beppg the rorthrresterly corner of land now or formerly of Regina L.
nod
d tha northeasterly corner of land of rancy NiCrath Hall, containing
•'fs 4,
3.01� a `r,4b more or less.'
r2Ti+?ESS qw7 l ari at a.nd seals this �_ day of NO , 1967
Ralph X. Dly�to
Frederick H. D'Amato
Commonwealth of ha.ssachusetts
Hampden, ss 1967
Then personally appeared the above named Ralph Jo D'Anato and Frederick H.
D llo-ato and ackno:•rledged the foregoing instrument to be their free act and deed,
before me,
Az,�,
TV y Public
11�v Cession Expires•
5'6 fi rT
REG'D FFDG i 'li"ia ( Zii'LI
f�
i o �•T ,J m
`� Cl
t r; i cu
�3 to 1. ° CV
Z)n t9
r s
at
n
TOWN CLEIR"�:S d" lC .
AX
�all��
TO.e OF AGE.-3ii•:
F,ASKM-T FOR :.ATER DISTRIBUTION SYSTM
FRANKLIN_STREET EXTENSION', AGAWAM, 1KASSACHU,SETTS
I, Regina L. Ouelette of Springfield, Hampden County, i•,assachusu'u-ta, for consid-
eration paid, receipt and sufficiency of which is hereby acknowledged, hereby
grant to the Torn of Agawam, a municipal corporation located in Hampden County,
the following described easement for a public purpose, to rrit:
An easement in certain lands Located in the Totm of Agawam for the purpose
of 'eater mains including the right to lay, construct, and use said Crater mains,
rrith all necessary appurtenances, in and through the land herein described, to-
gether with the right to enter upon said land to inspect, repair, maintain or
reconstruct said hater mains;
The land i-dthin which said easement is hereby granted is shots as Perkins
Avenue on a plan recorded in Hampden County Registry of Deeds, Plan Book T,
Page lg, and entitled:
"PERKINS LITTLE FARI•.S
AGA:'JAM$ IIASS.
SCALE 1" ` 2001
STEM BROS. E1G'RS.
Said easement being fifty (50) feet in r*idth, having parallel, sides, the east-
erly sideline of said easement being more particularly described as follo:-is:
Beginning at a point,, said point being the termination of the easterly side-
line of a public tray knotm as Franklin Street Extension, said point being also
eleven--hundred forty-five (1145) feet northerly from the intersection of the
easterly sideline of said Franklin Street Extension and the northerly sideline
of Silver'55Zreet, and also being the northwest corner of land now or formerly
f
of Vaccar6
Thence j 02' F, about four hundred seventy-five (475) feet to land no:r or
former <`o Ralph L,, and Frederick D li=ato, containing C.74 acres more or less.
i"
1ITNESS > hp-nd and seal this 12th day of August , 1967.
R ina L. Ouclottc
�L
S .
Commonwealth of Massachusetts
Hampdon, os - - -August 12, , 1967
Then porsonal.ly appeared the above na-mod Regina L. Ouletto and acknowledged
the. .foragoing instrument to be her free act and deed, before me.,
Notary Public
f
UP P rl.(':� - ily Commission Expilge .i vha' 7; 1970
.+.i L_'
r i /Y� •c�i �' ��;�t
S
Q1 F t n C N Y4 Cy'
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eu a
i GWN C t� '
d.W
TOWN OV AGAWAM - AGAWAM, MASSACHUSETTS
Office of the Planning Board
April g, 1966
Mr. Brandon Letellier
Town Clerk
Agawam, Massachusetts
Dear Mr. Letellier:
Tpis is to inform you that the Planning Board approved and
signed the plans for a Sub-Division Approval Required on
April 7, 1966 for the property of Double D. Realty Inc.
on Mill Street, Agawam, Massachusetts.
Yours truly,
By J
HG/mbs /C)fairm
TOWN OF AGAWAM
TOWN CLERK'S OFFICE
APR r 1966
A.M. PJ&
�1$�91x�1u112�I�2�8�4I�1�
FORM B
APPLICATION FOR APPROVAL
OF DEFINITE PLAN
FILE ONE COMPLETED.FORM'.WITH THE PLANNING BOARD AND A COPY WITH THE
TOWN CLERK IN ACCORDANCE WITH REQUIREMENTS OF SECTION III-B
AGAWAM Marr_h 8 , 19--66
To the Planning Board:
The undersigned herewith submits the accompanying Definite Plan of property located
in the Town of Agawam for approval as a subdivision under the requirements of the. Sub-
division Control Law and the Rules and Regulations Governing the Subdivision of Land of
the Planning Board in the Town of Agawam.
1. Name of Subdivider DOUBLE "D" REALTY,_. INC.
Address . 225 Springfield Street
Z. Name of Engineer or Surveyor Smith & Wal len
Address White Street, Springfield
3. Deed of Property Recorded in Hamm r'ournty Registry,
Book b 1170 Page .521
4. Location and Description of Property:
Certain real estate in Agawam, Hampden County, Massachusetts,
situated on the Southerly side of Mill Street all as shown on a
plan of lots drawn by Smith & Wailen; Engineering Company, Inc.
for Ralph J. and Frederick H. DfAmato, dated January, 1966, attached
hereto and made a part hereof.
TOWN OF AGAWAM
MOWN CLERK'S OFFICE
MAN 1966
'A.M. P.M„
'�I8!gi1101
Signature of owner
Address
RECEiVC0 NAR 3
f9&&
FORM B
APPLICATION FOR APPROVAL
OF DEFINITE PLAN
FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND A COPY WITH
THE TOWN CLERK IN ACCORDANCE WITH REQUIREMENTS OF SECTION III-B
AGAWAM ..-.•.-•-•--November.--2s---1966........_ 19 ........
To the Planning Board:
The undersigned herewith submits the accompanying Definite Plan of property Iocated in the Town of
Agawam for approval as a subdivision under the requirements of the Subdivision Control Law and the Rules
and Regulations Governing the Subdivision of Land of the Planning Board in the Town of Agawam.
1. Name of Subdivider .....Double "D" Realtor
Address -------------- 5.---Springfield Street,___..Agawam_,._ Massachusetts _---
2. Name of Engineer or Surveyor __.Smith &-_Walien Engineering CO. , Inc.
Address --___602---White._-Street. Springfield, Massachusetts
3. Deed of Property Recorded in --------------Hampden__ .PgAI y:-______......_____.____.............................................. Registry, ....................
PageBook fi -------------------------J�-�------------�-----•----------•----•----- •---•--- ............ ._. - ----...--•----------•-------------------•--•-••-•--•---••---
4, Location and Description of Property:
Beginning at a concrete bound on the westerly side of Mill
St. said bound being 206.55 ft. southeasterly from a Massachusetts
Highway Bound; thence running on an are 62.83 ft. along the north-
erly sideline of a proposed street; thence S 40° 18 ' 00" W on the
street line 135.47 ft. to a concrete bound at the point of curve
of a curve; thence an arc distance of 205.15 ft. to a concrete
bound marking the point of the curve of the proposed street; thence
S 83° 02' 35" W a distance of 326.02 ft. to an iron pin at a temporary
cul-de-sac; thence crossing the proposed street 50 ft. and continu-
ing S 60 51' 25" E a distance of 320.00 ft. to an i o in . ,land
of Cassidy, all previous abuttors, Double "D" Realty0. §istance of
455.00 ft. to an iron pin at land of Provost; thence N 60 9 ' 30" W
452.00 ft. along Provost to an iron pin on the westerly sideline of
Mill St. ; thence N 490 42' 0011 W 60.00 ft. to the proposed street
and continuong on the same bearing 130.00 ft. to the further side
of the dtreet and place of beginning.
• S
TOWN OF AGAWAM
TOWN CLERK'S OFFICE
DEC 9 19F`
A.M. P.M.
718.I�11014l12i 112i$141�?I�
A
Signature of owner ---J- _... 1�------•-.._ --�
Address -
RECEIVED DEC - 9 1966
F AQq TOWN OF AGAWAM
�p q� MASSACHUSETTS
BOARD OF APPEALS
h
DECISION OF BOARD OF APPEALS
RATED Mpr
Date June 9. 1960
Petition of Ralph D:Amato v __
Premises affected 515 Mill Street
Petition of Ralph D'Amato to remove fill from area located east of Franklin
Street, said area being shown and circled by red line on petitioners plan
on file with the petition.
It was unanimouWv voted that permit be granted to the petitioner to re-
move fill in this area subjected to- the following restrictions:
1. All brush and slash left as result of ground clearing shall
be burned.
2. A11 trucking of material from this area shall be done be-
tween the houaJ3 of 7:00 a,m. and 7:00 pem.
3. All loam and/or topsoil on the area excavated shall be
removed and piled on the property.
k. All slopes shall be left at a pitch not steeper than
3 to 1. Auer removal of the fill, all area, slopes
and flats shall be covered with the piled topsoil 'to
a depth of not less than six (6n) inches and seeded
to the satisfaction of the Board.
5. No material to be removed closer to twenty (20') feet
from any other property.
6. No excavation shall bring the bottom level of the area
lower than elevation, 1801,' as shown on map.
7. A bond in the sun of Five Thousand Dollars, payable to the
Town of Agawam, shall be filed with the Town Treasurer.
This bond is to guarantee the performance of an agreement
to be executed by the petitioner with the Town.
a
Town P Agawam, MassachuAtts
r
Date : <f_ .,� _19
;I Idla4d
100
ZZ
TOWN OF AGAWAM
Treasurer
T90 OF AGA1IAM
L`ASSACHUSETTS
AUNT
AGRMENT made this 18th day of August, 1959, by and between
RALPH DIAUI T0, hereinafter known as the party of the first part, and the
130ARD OF SELECTIM and the BOARD OF APPEALS, acting for and on behalf of the
TC TN OF AGAIVAM, hereinafter known as the party of the second part.
ITHEREAS the party of the first part is desirous of purchasing a
certain parcel of land in Agawam, on So. Westfield Street, known as, and
hereinafter identified as the "Lennon Farm", and
WHEREAS, at the present time the owner of the Lennon Farm, one
William Lennon, has a variance for the purpose of removing gravel from the
premises known as the Lennon Farm, under terms and conditions set forth by the
Board of Appeals regarding removal of gravel and refilling the excavation, so
created, and
74 EREAS the present owner of the Lennon Farm has executed and
delivered to the proper officials of the Town of Agawam, a bond in the
amount of $2,000.00 for the proper performance of the agreement between the
owner and the said Town, and
AREAS the present ovmer of the Lennon Farm has made it a condition
of the sale of the Lennon Farm to the party of the first part, that he be
relieved of his obligations under the said bond,
NOW THEREFORE, be it agreed by and between the parties as follovis=
1. The party of the first part agrees that he will immediately execute
and deliver to the said Town, a bond in the amount of $2,000.00 in
favor of the said Town, in all respects equivalent to the bond
presently existent in favor of the Town, and the said party of the
first part further agrees that all of the terms and conditions of the
agreement made by Ivilliam Lennon vr.th the said Town will be carried
out in a manner satisfactory to the Board of Selectmen and the
Board of Appeals, and the party of the first part further agrees that
he will be personally responsible for the performance of the said
agreement hereinbefore referred to.
2. It is further agreed that the party of the second part will not
release the said Yfil.liam Lennon from the terms and obligations of his
bond until the said party of the first part shall have filed a bond
in conformity with the provisions of paragraph one of this agreement,
and the said bond so filed has been accepted by the party of the
second part.
3• In the event that the Town of Agawam agrees to use the excavation
hereinbefore referred to as a dump site, such agreement shall not
constitute a waiver on the part of the Tovm of any of the terms of
this agreement, nor shall such use operate to cancel or invalidate
the bond to be filed by the party of the first part.
4. It is agreed that the filling of the said excavation is the sole
responsibility of the party of the first part, and said party does
hereby guarantee the said excavation shall be filled in a manner
satisfactory to the party of the second part..
I
T M OF AGAITAM
USSACHUSETTS
AGREEdENT
AGREMNT made this 18th day of August, 1959, by and between
RALPH D'AUTO, hereinafter known as the party of the first part, and the
BOARD OF SELECTIEN and the BOARD OF APPEALS, acting for and on behalf of the
TCF,7N OF AGAWAt.i, hereinafter known as the party of the second part.
WHEREAS the party of the first part is desirous of purchasing a
certain parcel of land in Agawam, on So. Westfield Street? known as, and
hereinafter identified as the "Lennon Farm", and
IVHE S, at the present time the owner of the Lennon Farm, one
William Lennon, has a variance for the purpose of removing gravel from the
premises known as the Lennon Farm, under terms and conditions set forth by the
Board of Appeals regarding removal of gravel and refilling the excavation, so
created, and
WHEREAS the present owner of the Lennon Farm has executed and
delivered to the proper officials of the Town of Agawam, a bond in the
amount of $2,000.00 for the proper performance of the agreement between the
owner and the said Town, and
WHEREAS the present owner of the Lennon Farm has made it a condition
of the sale of the Lennon Farm to the party of the first part, that he be
relieved of his obligations under the said bond,
NOW ThEREFORE, be it agreed by and between the parties as follows:
1. The party of the first part agrees that he will immediately execute
and deliver to the said Town, a bond in the amount of $2,000.00 in
favor of the said Town, in all respects equivalent to the bond
presently existent in favor of the Town, and the said party of the
first part further agrees that all of the terms and conditions of the
agreement made by William Lennon with the said Town will be carried
out in a manner satisfactory to the Board of Selectmen and the
Board of Appeals, and the party of the first part further agrees that
he will be personally responsible for the performance of the said
agreement hereinbefore referred to.
2. It is further agreed that the party of the second part will not
release the said William Lennon from the terms and obligations of his
bond until the said party of the first part shall have filed a bond
in conformity with the provisions of paragraph one of this agreement,
and the said bond so filed has been accepted by the party of the
second part.
3• in the event that the Tovm of Agawam agrees to use the excavation
hereinbefore referred to as a dump site, such agreement shall not
constitute a waiver on the part of the Town of any of the terms of
this agreement, nor shall such use operate to cancel or invalidate
the bond to be filed by the party of the first part.
4. it is agreed that the filling of the said excavation is the sole
responsibility of the party of the first part, and said party does
hereby guarantee the said excavation shall be filled in a manner
satisfactory to the party of the second part..
5.. It is agreed that the party of the first part shall have a contour
map prepared and made available to the party of the second part in
a form satisfactory to the party of the second part, and that the
Party of the first part shall file a petition for a hearing upon the
removal of fill, which said hearing the party of the second part
agrees shall be held within a reasonable time after the filing of
the said petition.
6. It is further agreed that when the said excavation shall have been
filled up to grade, the engineer for the Town of Agawam shall survey
it, and if in his opinion the said excavation shall have been properly
filled, then the said party of the second part, upon recommendation of
the said Tovm engineer, shall approve the manner of filling and
release the bond of the party of the first part.
Witness our hands and seals this 18th day of Augusts 1959.
Chairman - Board of Selectmen
Ch 'rmari -- Board of Appeals
SEU hi T
SELF
O
a
o
rrQa x
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Cd
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Town of 99awarn, Massachusets
Date Adle 19
100
TOWN 0 Wkm
Treasum
THIS AGREE1r1ENT made this of I ay, 1958, by and
between the TOUN of AGAWAM, a municipal corporation duly established under the
laws of the Commonwealth of Massachusetts and located in the County of Hampden
acting through its Board of Selectmen, and hereinafter referred to as the
TOiIiT, and RALPH J. DUNATO, hereinafter referred to as the PETITIONER:
VMEIMAS: The petitioner has petitioned for a permit for the removal
of fill from an area Westerly of Mill Street about three hundred (300) feet
viide and ttrelve hundred (1200) feet long as shovm on a map on file with the
Board of Appeals and to irrhich map reference is hereby made for a more partic-
ular description,
NOVI THEREFORE, in consideration of the granting of a permit for the
removal of fill by the Board of Appeals the petitioner agrees as follows:
1. All brush and slash left as a result of ground clearing shall
be burned.
2. All trucking of material from this area shall be done between
the hours of 7:00 A.M. and 7:00 P.M.
3. All loam and/or topsoil on the area excavated shall be removed
and piled on the property.
4. All slopes shall be left at a pitch not steeper than 3 to one(1).
After removal of fill all areas, slopes and flats shall be cover-
ed wLth the piled topsoil to a depth of not less than six (6)
inches and seeded to the satisfaction of the Board.
5. No excavation shall bring the bottom level of the area lower than
a point fifteen (15) feet above the bottom of brook on Easterly
side of area.
6. To file a bond in the sum of FOUR THDUSA14D (04,000.00) DOLLARS
tirith theToim for the benefit of the Town, guaranteeing the faith-
ful performance of the terms and conditions of this Agreement.
Iff WITNESS WHI Z=F the said TOWN of AGAWAM hereunto sets its hand and
seal by Irving R. LaFleur, Walter T. Kerr, and James P. Kane, its Board of
Selectmen, hereunto duly authorized, and the said RALPH J. DIARATO, Petitioner
sets his hand and seal, on the day and year first above written.
THE TOW OF AGAWAM
A
Board of Selectmen
Petitioner
I q,--)I
TOWN OF AGAWAM
ac TOWN OF AGAWAM TOWN CUL--R ,'S OFFICE
9� MASSACHUSETTS
1958
BOARD OF APPEALS
A.M. P.W
y�'p `�� '�48191101111121 �l�l�i�isl�
9p�RgTED y DECISION OF BOARD OF APPEALS
Date. Agawam 28, 1958
Petition of Ralph J. D'Amato
Premises affected Land lying Easterly of FranUin Street, Feeding_ Hills, Mass.
This petition requests permit for the removal of fi11 from an area westerly of
Mill Street about 3001 wide and 1200' long as shown an map on file with this
Board.
It seemed to the Board that this peini.t could be granted as provided in
Section 16 (g) of the Zoning By--law.
It was unanimously voted to allow the removal of fill from this area subject
to the following restrictions:
1. All brush'and slash left as a result of ground clearing shall
be burned.
2. All trucking of material from this area shall be done between
the hours of 7:00 a.m. and 7:00 p.m.
3. All loam and/or topsoil oil the area excavated shall be removed
and piled on the property.
4. All slopes shall be left at a pitch not steeper than 3 to one (1).
After removal of fill all areas,' slopes and flats shall be covered
with the piled.topsoil to a depth of not less than six inches and
seeded to the satisfaction of the Board.
5. No excavation shall bring the bottom level of the area lower than a
point fifteen (15) feet above the bottom of brook on Easterly side of
area.
6. A bond in the sum of Four Thousand Dollars, payable to the Town of
Agawam, shall be filed with the Town Treasurer. This bond is to
guarantee the performance of an agreement to be executed by the petitioner
with the Town.
Construction permits ordered by this decision shall be obtained within forty-five (45) days. Work shall
be completed within one year from date of permit.
--Perini '
Signed
Chairman
Hof aG,N 0 r 1 (q,yq
�q TOWN OF AGAWAM
MASSACHUSETTS
BOARD OF APPEALS
��RATED �
DECISION OF BOARD OF APPEALS
Date Marab 2•lg51*
Petition of Ralp11 J• DsAmato
Premises affected Land rom Mill St.
This petition requests permit for the removal of fill from an area lying Easterly
of Perkins Ave. about 1600 feet fro m Mill Street.
It seemed to the Board that this permit could be granted as provided in Section
16 (g) of the Zoning By-law*
it was unanimously voted that the permit be issued, subject to the following
restrictions, or: the following described areal
That part of the property lying Easterly of a line drawn from point A to point B
as shown on th$ map of this property marked "Contour Plain Perkins Little Farms,
Agawam, Mass., February 1954. R. E. Alcorn."_- which is on filet., with the Board
of Appeals. _
1. All brush and slash left as a result of ground clearing
shall be burned.
2. All trucking of material from this area shall be done
between the hours of 7 a.m. and 7 p.m.
3. All loam and/or topsoil on the area excavated shall be
removed and piled on the property.
4. All slopes shall be left at a pitch not steeper than 3
to one (1). After removal of fill all areas, slopes and
flats shall be covered with the piled topsoil to a depth
of not less than six inches and seeded to the satisfaction
of the Board.
5. No excavation shall bring the bottom level of the. area
lower than a point ten (10) feet above the bottom of
brook on Easterly side of area.
6. A bond in.the sum of Four Thousand Dollars, payable to the
Town of Agawam, shall.be filed with.the Torn Treasurer.
This bond i8 to guarantee the performance of an Agreement
to be executed by the petitioner with the Town.
i LY7
KNOW ALL MEN BY THESE PRESENTS, That we, Florence E. Wright'
d/b/a Roy M. Wright Excavating Contractors, #876 Bay Street,
Springfield, Mass: as Principal, and the Standard Accident
J Insurance Company, a Michigan corporation duly authorized to
transact business in the Commonwealth of Massachusetts with
an office in said Commonwealth at Boston, as Surety, hereby
bind ourselves, our heirs, administrators , successors and
assigns to pay to Ralph J. D'Amato , Agawam, Massachusetts,
the sum of FOUR THOUSAND ($4,od0.00) Dollars.
Whereas, Florence E. Wright d/b/a Roy M. Wright Excavating
Contractors, has entered into an agreement dated April 5,
1954 with Ralph J. D'Amato for the removal of fill material
from the property of said Ralph J. D'Amato, and
Whereas, said agreement provides that Florence E. Wright
d/b/a Roy M. Wright Excavating Contractors will observe
and perform the following;
1. Fill may be removed from that part of the property
lying Easterly of a line drawn from point A to point
B as shown on the map of this property marked "Contour
Plan, Perkins Little Farm, Agawam, Mass. February 1954,
R. E. Alcorn. " which is on file with the -Board of Appeals.
2. All brush and slash left as a result of ground clearing
shall be burned.
3. All trucking of material from this area shall be done
between the hours of 7 a. m. and 7 P. m.
4. All loam and/or topsoil on the area excavated shall be
removed and piled on the property.
5 . All slopes shall be left at a pitch not steeper than
3 to one (1) . After removal of fill all areas slopes
and flats shall be covered with the piled topsoil.
6. No excavation shall bring the bottom level of the area
lower than a point ten (10) feet above the bottom of the
brook on easterly side of area.
Now, Therefore , the condition of this obligation is such
that if Florence E. Wright d/b/a Roy M. Wright Excavating Contractors
shall faithfully observe and perform the above provisions then
this obligation shall be null and void; otherwise, it shall
remain in full force and effect,
In Witness Whereof, we hereunto set our hand and seals this 24th
day of February, 1955.
FLORENCE E. WR.IGHT d/b/a ROY M. WRIGHT -
EXCAVATING CONTRACTORS
By L1� - - -- - -- ,
STANDARD ACCIDENT INSURANCE COMPANY
By �t cUuc
Atty-in-factG
Y w
POVER OF ATTORNEY •
5�
standard
Accident Insurance Company
DETR OIT,MICHIGAN
KNOW ALL MEN BY THESE PRESENTS: That the STANDARD ACCIDENT INSURANCE COM-
E' K. SIRS ..._its Vice-President in y
PANY by---------•-••----------------------------------------•--•--.......-•--•---•-----------------•--- pursuance of authority
granted by Section 10A of the By-Laws of said Company, which reads as follows:
"The President,or any Vice-President,shall have power and authority to appoint resident Vice-Presidents, resident Assistant t
Secretaries and Attorneys-in-fact and to authorize them to execute on behalf of the Company and attach the Seal of the Company
thereto,bonds and undertakings,recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
dW ImPt ym in oS co sti o adnd ao Cl �
S n
atVmnd . , oth
opr rge e of Massachusetts,
its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf, and as
its act and deed any and all bonds and undertakings, except bonds guaranteeing the payment of principal and
in erest of notes, mortgage bonds and mortgages, in penalties not exceeding Two Hundred Thousand - -
($200,000.00 - ) Dollars each, in its business of guaranteeing the fidelity of persons holding places of public
or private trust,and in the performance of contracts other than insurance policies,and executing and guarantee-
ing bonds or other undertakings not exceeding Two Hundred Thousand -• - - - - { $200,000.00 -)
Dollars, each as aforesaid, required or permitted in all actions or proceedings, or by law required or permitted,
All such bonds and undertakings as aforesaid to be signed for the Company and the
Seal of the Company attached thereto by either of the said Raymond S. Redfield or
Clayton W. James, individually, as occasion may require.
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and Purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the Company at its office in Detroit, State of Michigan, in their own proper
persons.
IN WITNESS WHEREOF, the said STANDARD ACCIDENT INSURANCE COMPANY has
caused these presents to be signed by its Vice-President, and its Corporate Seal to be affixed thereto this
.................. ------•--------•----------•--•-•-• ----day of-•-.--- t-------•--••... ............................................ 19 51
Standard Accident Insurance Company
(COMPANY SEAL) L. K. KIRK
by-----------.....................•--•-------------.......................-•--••---•--..._......................
Vice-President.
STATE OF MICHIGAN, }
}sa.
COUNTY OF WAYNE J
Onthia.............................................�rd .........----...........dayof.._........_....A et_...................... ....................A.D.19__5Lbefore
the aubscrber A NgX„Public of the State of Michigan, in and for the County of Wayne, duly commissioned and qualified came
- lL- attslL� -^ M Vice-President of the STANDARD ACCIDENT INSURANCE
COMPANY,to me personally Imown to be the individual and officer described in,and who executed the preceding instrument,and he
acknowledged the execution of the same,and being by me duly sworn,deposeth and saith,that he is the officer of the Company afore-
said,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company and the said Corporate Seal and his
signature of officer was duly affixed and subscribed to the said instrument by the authority and Airection of the said Corporation and
that Section 10A of the by laws of said Company referred to in the preceding instrument is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Detroit,the day and
year first above written. MARGARET D. SPAULDING
(NOTARIAL SEAL) —
My Commission Expires July 2, 1955. Notary Public.
I, an Assistant Secretary of the STANDARD ACCIDENT INSURANCE COMPANY,do hereby certify that the foregoing
Power of Attorney is a true and correct copy of the original and is still in full force and effect.
In Testimony Whereof,I have hereunto set my hand and affixed the Beal of STANDARD ACCIDENT INSURANCE COM.
PAW this....................................-24th ..-day of..................-.........................Fleb=la....., 19...$5-0
J.
_. . __......
53•-t59 T. L. SEX I CS, ietant secretary.
.
Form 8-788B-1 Ed.7.50 LOM-6-53