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F MISCELLANEOUS
r Vag 4 PLANNING BOARD AGAWAK MAMCHUSE'I'1'S D?np October 31, 1972 Xr. ?Wward Caba Town Clerk Agawam, Mass. Re: Faits Form A #935 Dear Mr. Caba: The Planning Board signed plans for the above Form A on October 30, 1972. Very truly yours Char (" abrese, Chairman C/1 NOV z 72 A ki 'TOWN CLERK'S is FORMA �. APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO RE( i APPROVAL File one completed form with the Planning Board and one copy with the Town Clerk in accordance with the requirement,% of Section U.B. Agawam, Mass. . . . October..l3, ... 19. 72., To the Planning Board: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not oonatatute 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 Jose�ah R. Faits . . .... . ....... . . . ...... . . .. .. .. ............ .... ......... . Address 394 Silver Street, Agawam, Mass;.............. ... ........ ... . 2. Name of Engineer or Surveyor . Gordon,E; Ainswer.th &Associates,, Inc..., ., . ,, , �dldaess 2. Graves .Street? South Deerfield,. Masa: .. ... . ... . . . . . . . . . .. .... 3. Deed of tproperty recorded in . . Hampden. GountY... . . . . .. ............ . . ..... . ......... Registry Book . 2181} . . . ... . . .. .. Page .. .3.. . . . . . . . . . . ... ... .......... ,........... , 4, Location and Description of Property: Beginning at a concrete bound marking the common corner of land of the Grantor herein, Joseph R. Faits, land now or formerly of Harriet P. Frye and land of Evelyn Romano; thence S 84' 49' 57" W alonog land of said Romano a distance of 152.56 feet to a concrete bound; thence N 6 25' 581' W along land now or formerly of Ernest A. Malone a distance of 424.79 feet to e concrete bound; thence N 830 50' 0217 E along land now .ar formerly of lrving Jr. and Barbara A. Brooks a distance of 152.52 feet to a .point; thence S 6 25' 58" E along land of said Frye a distance of 427.50 feet to the point of beginning and containing 1.492 acres, This parcel of land is located on the northerly side of Silver Street, Agawam, Mass, 4 OU IMF.4 , � 1 ocra s 1sx� ® 'TOWN 70" ors OFUM --1 Agawam Planning Board �f Agawam, Mass. ,b Signature of owner os h R. Faits Address 394.Silver,Street,,.Agawam,,.Mass. T TOWN OF AGAWAM i` 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 D tea August 3, 1978. Punning Board Edward Caba, Town Clerk 36 Main Street Re: Form -A - #1301 Agawam, MA 01001 1664 fain Street Dear Mr. Caba: At a duly called meeting of the Agawam Planning Board held on Thursday August 3, 1978, the Board voted to approve, "Subdivision Control Not Required", plan of land division in Agawam, Mass- achusetts dated July 1978. Survey and plan from, R.A. Foresi, R.L.S. , 771 Dewey Street, West Springfield, Massachusetts, for land at 1664 Main Street. Very truly yours, AGAWAM PLANNING BOARD NOG/dg cc: Petitioner Assessors t0 6 NY gnv Us 'SSYN `WVMIVJq 331JA0 W13 NAU FORM A � 13oI . APPUCATION FOR ENDORSEMENT _ OF PLAN BELIEVED_ NOT TO APPROVAL File one completed form with the Planning Board and one copy with thfl Town Clerk in accordance with the requirements of Section 11-B. Agawam, Mass. Gr....3... 19.7. To the Planning Board: The undersigned, believing that the accompanying plan of his properV in the Town of Agawam does not oonstitate a subdivision within the meaning of the Subdivision Control Law; herewith submits said plan f+br a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. }}�� 1. Name of Applkant . 1�.1�. . . . .. ................ ......... . Address . /.,3. ` . .f qt1.4 . r 2. Name of Engineer or Su-reyor RO��,V,4.. ...A, 'Or.I?A.-0-7 r..... .... . . . . ... .............,, .. . Address 7-7i I Deed of jnvperty recorded in ./'off!'!d pA.�/. . . . .4� !I�T.7/1 ... . . .. . .............. .. IteSUtr'Y: Book . . . . .t/.. . . . ... Page . .. . .`f. .7.. ... . ...... . CA Afv �e V, 'r e ��e^ a C) s 7 4. Location and Description of Property: PAP—C&-L .47— ?AIAI % B /.s/C s c�tg,n�rlipflJ 8i 7 I .)C; A P,9 2e- 6 3, 4 8' h 3 d l� CTt r�A,ec r,5 A PP,eaX �41 r-r .s,O 07;f 0 F so(/rl-{ 57— J0 oo lc=T; 1000e7W onl a1C S 7 S r0 EZ -.l! E- 9nV $ill s,�. ,y Signature o£ owne .. . . . . ... '���� `��btd►�19'1 �urw��,-72. � ,crG,��Ir F-o� [iu-Bw,tl Address /3��..�RT.C. ` ..4Z?,.. .... . . W4FS7 SUFX/f---L4.0,C 0A1AJ� FORM A APPUCAMON FOR ENDORSEMENT OF PLANT 3ELI YED NOT 1'O HNUUfiE APPROVAL File one or mpitied form with thu Planning board an+I one copy with tha Town Clerk in mordancc with the rowemeata i)(19cillua ll-B. Ag4wamf Igam. January •25 19.8!l To the Planning Bond: The trade 1ped f believing that the amoippanying Visa of hh property to theTm of ApWW doeA not mawtitute a tubdivWon within tl►o meaning of the Subdividoa Control L►aw, 1}ee+eWM 44bu t# . said plan fbr a demon and eodonewent *at Planning Board approval wider Ot 804hielo 9OW Law h not rewired• 1. Name of AppZiant . Stanley . Falkowski• A$drm48x;Rate.mod.:.Su f�f ie 7 d,y Cac�t .cuti ►•.... ■ 2. game of Surveyor �.z�. sear, Inc... ■w�a�ti/ Vi •f• ••Rai• . •a a• •a.y1••RR••+■•.+f l+••.•f••.f}f!•.a•a!■r•.a f A . q3 Maass gtreet •Westfield Ma B. D#d of g►roperty "a rded to Hampden County �► 80ok . ...3332 . Pap .....,,386 ............. i. Location and Dewip"of 1?"persp Property located on the. went side of South West Street approximately 5001 north of the state line. 5. Deaorlb* tab* propeval iz Wo amb"vol."• The subdivision of one parcel into 3 lots containing 75,620' total square feet ` and 344 feet of total road frontage.co ' w 4 -�' to CV ATTAO MEPTS: TWO ORIGINALS AND TWO COPIES OI' PLAN BY CERTIFIED LAND ' SURVEYOR. SigAature of Owner .• �K:•'a"'*1:��_t"�j•:�✓�ai�1��.r•• ����'7P+,+�'1��' r3 Ls4 '::`t,�'ic,.ti��.� y"'; �'{;�F �`.�: .}�^'3.CJr`+3.$`#'Ste.�+` .-'+°';spry s.°.�,4 nab,,°a�t"; ��,�•.' _, '� TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASS_ ACHUSETTS 01001 Tel. 413-786-0400 P, PLANNING BOARD February 2, 1984 Mr. Stanley J. Falkowski 1481 Ratley Road Suffield Connecticut _ Dear Mr. Falkowski: At a duly called meeting of the Agawam Planning Board the Board voted to approve your plans for South West Street under "Subdivision Control Law Not Required". Plans prepared by D.L. Bean, Inc. .Westfield, Mass. Dated January 23, 1984. Very truly yours, AGAWAM PLANNING 4 APB/aje cc: Town Clerk AmmossorS File #155b A A ,f.�.m TOWN OF AGAWAK 'r 36 MAIN STREET ACAWAM, MASSACHUSETTS 01001 R y[+ �•� Tel. 413-s W0400 9TED M�' l PLANNING BOARD May 10, 1983 . r Mr. Joseph Conte, Zoning Officer 36 Main Street Agawam, MA 01001 Re: Farm Credit Bank - Hunt Street Dear Mr. Conte: At a duly called meeting of the Agawam Planming Board the 30ard voted to issue Site Plan approval for Farm Credit Bank, located on Hunt Street, Agawam, MA. 01001 . aincerely, 1 es R. Calabrese, AGAWAM PLANNING BOARD CRC/sje cd: Town Clerk File #1492 F17; A TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 yC' ` Tel. 413-786-0400 D spy PLANNING BOARD T 0 THE AGXd M TO'dN COUNCIL: At a duly called meeting of the Agawam Planning Board held on June 30, 1983, the Planning Board voted unanimously .. to recommend to the Town Council that they approve the proposed zone change for Farm Credit Bank. The parcel of land is located on Hunt Street and measures 459392 sq. feet. The request is to rezone this parcel from Residence B to Industrial A. Respectfully submitted; 'rlA�� PLANNIN ARs� .J Charles R. Calabrese, Chairman APB/CRC/sje X A Comoijur Copy U mowed; seoonded by coumdl ar ski TOWN COUNCIL ' TOWN . MAY k 1983 THE TOWN COUNCIL �$�'RAY 2 4 A�1 �� 22 AGAWAM, MASSACHUSETTS 0 THE UNDERSIGNED RESPECTFULLY PETITIONS that the Town Council adopt the following ordinance: "TOWN OF AGAWAM IN THE YEAR 1983 AN ORDINANCE IN AMENDMENT TO -All ORDINANCE ENTITLED 'ZONING ORDINANCE OF THE TOWN OF AGAWAM' Be it ordained by the "'Town Council of the Town of Agawam as follows : The 7:oning Map accompanying the Ordinance entitled ZONING ORDINANCE OF THE TOTrT OF AGAWAM is hereby amended by establishing, new lines and striking out the designation "Residence B" as shown on said Zone Mau, and substituting. in place thereof new lines and designation "Industrial A" insofar as said Zone Map relates to the following. described premises. The premises situated on the Westerly side of Hunt Street and Southerly of the current location of the Federal Land Bank of- Springfield which is shown on a plan entitled "LAND IN. AGAITAM, HAMpDEN COUNTY, MA SUBJECT OF PROPOSED ZONE CHANGE BY: THE FEDERAL LAND BANK OF SPRINGFIELD FEDERAL INTERMEDIATE CREDIT BANE OF SPRINGFIELD SPRINGFIELD BANK FOR COOPERATIVES SCALE 1"-80. 0' MAP PREPARED FOR ZONE CHANGE PETITION ONLY" which is filed herewith, said land being more particularly bounded and described as follows EASTERLY by Hunt Street, one hundred seventy-four and 831100 (174.83) feet; . NORTHERLY. by land now or formerly of The Federal Land bank of Springfield; Federal Intermediate Credit Bank of Springfield, Springfield Bank for Cooperatives, three hundred twenty-one and 78/100 (321.38) feet; WESTERLY by Lots No. Ten (10) and Eleven (11) on Book of' Plans 0, Page 80 in the Hampden County Registry of Deeds, one hundred two and 55/100 (102,55) feet; . SOUTHERLY . by Lot No. Twenty-Three (23) on Book of Plans 0., Page 809 one hundred (100) feet; EASTERLY by Frank Street, one and 56/100. (1.56.) feet; and ALLY- by Frank Street and Lot No. Twenty-Nine C (29C) as shown oniftok of Plans 68 , Page 119 in. the Hampden County Registry o eds , two hundred forty and 24/100 (240. 2 feet. C n aining 45,392 square feet. SP LD F COOPERATIVES 7y,., LAND OF SPRINGFIELD kMA d V5_ Byrn a Dior ice res. n . ayne, r Vice res dent FEDERAL NTERMEDIATE DIT BANK OF SP ELD By et ' r Payne or a res dent . t e Sp� g�LO• . NX Of 0PMN 6�► %1 S r RwL t-ANATE GA00PE�l1►t�Y� T N E !emu tRBANKR �t#. If L r a `40 oar �o A � . r AREA 45,392 . S.F. i!1 10 � * e ° BY 340. 241 0 100,00 240.24. N 76 14'00" W N 760 -IOr Do" W F E 1 23 3 W 219 C W o W W SEE PLAN Q PAGE 8O R r. SEE PLAN 68 PAGE I9 o � 39 Kd S Se. �, ED�fiIARD SG z CHAI�ELA61E d n No. 8328 a ry 9� W Id 3 LAND IN AGAWAM- MASS a3 r�.. HAMPDEN COUNTY r W W c o a D a SUBJECT OF PROPOSED ZONE w w. to f. CHANGE BY: THE FEDERAL LAND BAH FIELD.FEERAL OF ez.�1s v SCALIE I 80' CREDPTISAHKOFSPRINBFIE QINTERMEDIAT SPRIN6FIE ` - BANK FOR COOPERATIVES. -------------- ------- ---------.......... To the Departmental Officer making the Payment: Frances Ennis Received of.... ............ ..................................-----........................................ the sum of One hundred fiM. and 091100**** ..................... .......... .. .. for the, Zone��e Hunt ....... Farm Credit Banks of SDfld -------------------------- ................ ........... ....................................... collections as per schedule of this date,filed in my office. Treasurer. 10 MAY 24 AN 10: 22 BUILDING AND ZONING OFFICE TOWN OF AGAWAM Date May 241, 1983 TO THE TOWN CLERK: The following information for a zone change has been received for land located at Hunt St, -. Farm Credit Bank 1. Petition for change of zone x 2. Legal description of land . 3. 38, copies of plan x 4. Deposit for advertising Remarks s '_ o ' a The above accepted by the Town Clerk for presentation to the Tom Council. 000P .- Received by Qom. Date DOS LAW OFFICES OF BACON, WILSON. RA-fNER. COHEN. SALVAGE, FIALKY & FITZGERALD. P.C. 95 STATE STREET-SUITE 1100 SPRNGFIEI..D,MASSACHUSE I I S 01 103 TELEPHONE 1413)7814)3fi0 JUSTIN COHEN ROBERT F.KUMOR,JfL PETER D.WLSON MICHAEL S.RAVER STEPHEN N.KREVALFN OF COUNSEL PAUL R.SALVAGE MARK A BEG LANE May 19, 1983 — GARY L.FIA KY CHARLES F.MCCARTHY,JR. GFORGE A.BACON IBM-1945 FRANK P.FITZGERAl D MARK J.K LBER soL,w,wELTeww laws•I JAMES M_SWEENEY HYMAN G.DARLFNG MIK3JAEL B,KATZ GARY G.BRETON PAUL K FN THSCFaM Town of Agawam Building and Zoning Department 36 Main Street Agawam, MA 01001 Gentlemen: This office represents The Farm Credit Banks of Springfield. Enclosed is an original Petition for a zone change concerning properties on the West side of Hunt Street which our client seeks to have rezoned from "Residence B" to"Industrial A" . I am filing the Petition together with thirty-eight copies of the plan and a check in the amount of $150. 00 made payable to the Town of Agawam. Would you be so kind as to notify not only the applicant , but the undersigned as to all dates, times and places of the various hearings . Thank you. Very truly yours , Michael S. Ratner MSR/eq cc y� encl. -, a �-X t-} r N 1nI 0 FM EJ XA: std� I83 NAB' 24 AM 0 22 THE TOWN COUNCIL 1383,!!AI 2 4 Am 10: 22 AGAWAM, MASSACHUSETTS 1qa THE UNDERSIGNED RESPECTFULLY PETITIONS that the Town Council adopt the following ordinance: "TOWN OF AGAWAM IN THE YEAR 1983 AN ORDINANCE IN AMENDMENT TO AN ORDINANCE ENTITLED 'ZONING ORDINANCE OF THE TOWN OF AGAWAM'" . Be it ordained by the Town Council of the Town of Agawam as follows : The Zoning Map accompanying the Ordinance entitled ZONING ORDINANCE OF THE TOWN OF AGAWAM is hereby amended by establishing new lines and striking out the designation "Residence B" as shown on said Zone Map, and substituting in place thereof new lines and designation "Industrial A" insofar as said Zone Map relates to the following described premises. The premises situated on the Westerly side of Hunt Street and Southerly of the current location of the Federal Land Bank of Springfield which is shown on a plan entitled "LAND IN AGAT-TAM, HANLPDEN COUNTY, MA SUBJECT OF PROPOSED ZONE CHANGE BY: THE FEDERAL LAND BANK OF SPRINGFIELD FEDERAL INTERMEDIATE CREDIT BANK OF SPRINGFIELD SPRINGFIELD BANK FOR COOPERATIVES SCALE : 1"=80. 0' MAP PREPARED FOR ZONE CHANGE PETITION ONLY" which is filed herewith, said land being more particularly bounded and described as follows : EASTERLY by Hunt Street, one hundred seventy-four and 83/100 (174. 83) feet; NORTHERLY by land now or formerly of The Federal Land Bank of Springfield, Federal Intermediate Credit Bank of Springfield, Springfield Bank for Cooperatives , three hundred twenty-one and 78/100 (321. 78) feet; WESTERLY by Lots No. Ten (10) and Eleven (11) on Book of Plans 0, Page 80 in the Hampden County Registry of Deeds, one hundred two and 55/100 (102.,55) feet; SOUTHERLY by Lot No. Twenty-Three (23) on Book of Plans 0, Page 80, one hundred (100) feet; EASTERLY by Frank Street, one and 56/100:,.! (1. 56.) feet; and._ SURLY by Frank Street and Lot No. Twenty-Nine C (29C) as shown on ok of Plans 68, Page 119 in the Hampden County Registry o eds , two hundred forty and 24/100 (240. 2 feet. C n aining 45, 392 square feetAan SP21NIn LD BA F COOPERATIVES THL LAND B OF SPRINGFIELD By By E. ayn nior Vice res . E. Payne.,1,SVA r Vice resident FEDERAL NTERMEDIATE DIT BANK OF SP ELD By Affa&&Z . . . . . . Payne, S for Vice President U9 L1►pp SOIL T folk Spy !A �o o 3 � AREA yr i 10 _ by 360.241 �.� I00.00 - Y40.24, N 74p 10 owl w N ISO 10' 00� W It IM �.r 11 g3 : IW 19 C M o l M SEE PLAN It PAGE 00 got 3EE PLAN •o PASS 1! 39 s `1w OF S EDWAiiD 0 N .A z CHppDi:LAINE dpNo. 9328 ti 66 y�? Id M ' � M � � in 01 : 9 ,0 LAND IN ASA w A M, MASS. op S�- "a HAMPDEN COUNTY w'+ w o : Q 0 SUldEC T OF*IiMSED UMW CHA NG E MY: TW IT OC RA L, LAND OW CA LE 1 ~s ge` OF 3PFANN FICA,/Si1gAA L. 1 �#11 k*M r<o u itl a is O A &Mwt . �,� KAY24 MID22 s TOWN OF AGAWAM MASSACNUSF-TTS AGAWAM, MASS. BOARD OF APPEALS -NOV 13 AN 8 69 r � ~ DECISION OF BOARD OF APPEALS D MP Date November 6 1 1 PeNtioe of—I*vid Foam -- Promises aff4dod L8 Losito-Zsune Case A992 -- The petitioner, Mr. David Fears# was represented by his father, Mr. Robert G. Fearnt of 539 Shoomaker Lane, who came before the Huard of Appeals at o . public hearing held on Thursday, October 150 19819 seeking relief from ' Section 201, Paragraph 38 of the Zoning Ordinances to allow the conatrukstion of a single family residence on a Lot with less than the required frontage on the promises identified as 48 Losito Lane. A review of all the facts presented at the pudic hearings and after observing the premises during "on site„ inspections by each Board member, allowed the Hoard to conclude the followings 1. The proposed lot identified as 48 Losito Low is a vacant lot Iceated on a "cul-dss-mac" in an Agricultural zoned district. 2. Said proposed lot is part of a parcel of land owned by the petitionerls grandmother, Frances O, Fearn, which is to be conveyed to the petitioner, subject to the approval of the requested relict. 3. The intended use of the proposed lot would be to construct a single family residence by the p6titioner. 4, The proposed lot has dimensions of 164.14 Beet by 170.00 feet with an area of 31,304 square feet as submitted on the surveyorts map by R. A. Foresi, registered land surveyor and professional engineer, of Test Springfield, but due to the way in which said lot is located an Losito Law, it only has a frontage of 54,14 teat facing lasito Lane, thus requiring the variance. 5. It should be rued that the petitioner could csen@truct a streetr an extension from the and of losito Lane (Notes o0ject to conditions defined in Planning Board ruling File #946, Poadview Estates) thratigh his proposed lot, with the remaining portion of the proposed lot hating dimemioze of 12D Peet by 170 feet and an area of 2DOkW square feet thus being a legal hot in accordance with wdsting standards. a. Notes also Conservation Commi 3lion "Order_ of Confttiw►*i Conseraatl0k Cammi.ssion File #87-118. 6, There was no opposition to the petitioner's request expressed at the public hearing. TOWN OF AGAWAM MASSACNUSEM AGAWAM. 47. �o BOARD OF APPEALS a WV 13 IX MP DECISION OF BOARD OF APPEALS 0 Dat. November 6, 1981 As,dtion of David Fearn Promises aff ded Page 2 .. 7. Granting of a variance, in the Board's view, would not substantially derogate from the intent and purpose of the Zoning Ordinances, since adequate relief can be granted the petitioner, and still protect the adjacent abutters without arty harmful effect to the neighborhood or the community in general. Therefore, with the..power vested in this Board of Appsale, in and for the Town of Agawam, we do vote unanimously to grant the requested relief subject to the following conditional 1. That the petitioner shall leave clear a section of land along his easterly boundary .Line, 60 feet by 170 feet from his northerly boundary line to his southerly boundary line, said section of the petitioner's lot to remain "clear't for the purpose of allowing construction of a "public access way" (a street) in the future, thus enabling continued accessability to the remaining land. 2, Taking into consideration this "access way" the remainder of the lot. shall conform to the existing Zoning Ordinances and shall meet any other conditions deemed in the "public good" by the Building Inspector. 3, Any residence constructed on said lot shall meet the existing setback requirements from an imaginary street line extension on the northerly side of the petitioner's lot following a compass direction of South 83037107" West as defined on plan drawn by R. A. Foresi, Registered Professional Engineer. Said street extension to be 54.14 feet in width. 4. The petitioner shall have recorded in the Hampden County Registry of Reeds a "Notice of Variance,, form furnished by this Board, 5. The variance shall not become operative until proof of filing is submitted to the Building Inspector. INS as pa i;p "W\ _ eG, _4q 71 3 OF =tiF'l :I.a [ TII October 15. 1981 The follcding members attended the 7:30 a'. 1. mcetifts " John Juliano f;&AMa Ch�0.rman , Ro *Vi e, Acting '�a ce-Club Itettt c =x aorald Hebert, Acting ,lerx :peal. of David Fearn 48 I.asito lane Case X� The -oard of Appeals held a public hearirg at the Administration BiuildingW. 61 Agawam on Thursday, October 15, 1981 at 700 P.M. to all parties interests it the appeal of David Fearn, who was seeking relief from Section 20, Iaragr iph 38 of the Zoning Ordinances to allow the construction ction of a. single family- residence on a lot with less than the required frontage at the prmisee identi_f ic:d as l? .osito Lam. The he-arf_ng was called to order prompt.l;,r at 7:30 P.M. by Vice-Chair4m. John Julian) who began.the hearing by reading the ^ablic Notice,, and outlined tl'-:e pr•)eeduY~es anrz rules governing a public hearing held by the Board of :appeals. �3r, ' �;; ae�•t C. Fea-n of 539 �loemaker Lane, i�gz.wan, father of the petitioner, and al,.it;i,,�;r• spoke on behalf of the petitioner, David. flea , since he was hospit•:l;Lzed for �.n asthma attack and the refo:p unable to present his case YP_rsor!aI* 3r. 111r. ream stated that this proce..s began in March of 1981 :3 son decided to build a home on the p,oposed lot, Since tiers, Mr, pear. continuedt they have appeared before tht {'lanaiiz Board (note file letter rece:"_ved) wt-o stated tc, the pet,i•c__-oner that the town holds an easement on tale p:^opqrty LJre arzd s.aulci the petit tone. desire to twwtruct a street, the to-yrx will give legal pemission, su'4.Ilcct costs to be all incurred by the petitioner (Note: : lazming Board Case f-1e e:•,.:46 Pondview Estates). Further•- ,.iere, the petitioner appeared uefore the <sons! ,ovation Commission (Rotes Order of voi2di u'. o ns file ;"87--118) to receive i`..s to allow construction under the 'Itetlands Protectiozl :ct. Upon ue3tioning from the 3oard, Fea -n Stated that the proposed lot was a tart Lad parcel of land owned by Prances Fk;arn, approximately 30.6 acres total. ;_; ed Reference Book 21,05, F age ;51}, wh'.ch would be conveyed to I. r. David 7earn. The ar and had farther questions as to the rie:it of ingress and egress to said proposed lot and to leaving it. 1arAlocked for Lhe future. The Board recommended that 1 r. Fearn make some adjustments to the c�igi.nal "plot plan" in order to correct this concern expressed. Mir. Fearn sa`_d he would..contact the suk"yor, R. A. Foresi, of rest Sprdnsfield and make tho necessary changes and re-submit the ac.justed "plot plan". " No opposition expressed at the public heaxing. Note for record petition (in tile) of neighbors and abutters stating trbey had no opposition to the petitioner"s reluest. The hearing was closed At 7 s 58 F.M. by Jahn Juliano who outlived the time limits and legal requirements governing a Picard of A )peals in rendering a decision. Minutes received, Oct. 28 1981 Minutes typed: Oct. 29, 1�81. ".espectfully submitted, Minutes tp Mr Caba: . Detision. received; Ronald Hebert Decision typed: Decision to Mr. Cab.a: ;`.sting Clerk Decision mailed: qq;- T� ■■yy Jc F AGAWAM. M iI j"$E 0 � 6. �kgTfD gyp' ^�` 198, J bQ. ......'..'.•�•.rr...:�..rr•• we.r l f � APPLICATION TO BOARD OF AMAI.S FOR VARIATION FROM THE ftWU *1 OF IM ZM** #VLAW Dv� D FE Applicant: . . .. . ... .. ... 2 Address: 53....,5�og ►A�rEQr,,. ::y;: .......... Application it hereby made for a variation tvm the n gWremente of 8iwon....'.R:�.�...... �•••• •�•••• ••"" of the Zoning Ordinance. �`�� I�,(�� J�p( 1'1'etni8e![ affected are (•) linewtl y NUMBER ...44.45 ..... ; �'i frT..■.�'{s WOO .•.f a•a•.a a •• d4etant from the corner of ..... ......street Drees ptim of � lw ldla� S1sr of building.....:.07,.........oet hope: .,. ,�... ......ijert Height; .... ..........etoeiaei .....�x........ .OIL Occupancy or Use: (ef qW* fl7�e4l •.•i`■..C�. ,PANe, ................•..r.•aa.■•....aa•.a..•/aNi.Ja..a....�... SU;llliflg Zone DletrktA .... .•................• *. Dow of wombw i.a..f..al./N.••..•«.../al•.N./...•/� Of as then .beeA a ptevlrae / � M t� Pr�l-......�iqi..�.•+..■.....•!ra!//�//«a//a/■a/...►//.■// Description Of proposed We& KMNI ... �'.'�. ...a.S:.0::sii....r�.a.7+.a.. 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Noff•af#.aff1la}!#f#f#!!m!f##►a•.f•!#feaa##a a....a...a......•aararaeaa.•..ra•a•arfa••a.a•.ra Nfr�ffff•aaNf•falaf#!#+1lf.aa�rw•rr.a.a.f. •.••r..••...aa•N.as.•••a••aa•af.sa•••a..•a•a.N - - .ffff•�y•fa•.�N#.f l,ff##f!!�!#!.#a•.fff/aaa•atfa .............••.a0a.aa•a.•.f•a••••.•f•aaaa•a•a.•ae .I afaa.a•aaafaffaafff*offset sea*a.fa.aafa•r••a■ r..........•r..a•a•aaaa►•..•.a•••ar••••I•,•.a••.•. r..0aop 0 pate afia.•f#a00a940000002.f sea•.r•►•%J •.........•.••.r.r••a•...•.aa.•.•a•.••••.a•a•.•.,. a•Re•afl.ff to f.a a a a..•a•••a:• . . •...r...fa••••a•f.r••af•...••••.•a••••.•...• aa..:.-#aafa�#affaff.aaeN M#af#.aa•a•too•a•aa•a • a ' FORM B APPLICATION FOR APPROVAL OF DEFINITIVE PLAN FILE ONE COINeLETED FORM WITH THE PLPu;N. iNG BOARD AND A"COPY WITH THE TG'M CLERK IN ACCORDANCE WITH REQUIMMENTS OF SECTION III-B AGAWAM . . . : To the Pl an*� Board: t The undersigned herewith au!eits the accoapaa7iagDofin3,tl.ve Plan of propert � located in the Town of Agawam for approval as a subdivision under the requiremum of the Subdivision Control Law and the males and iatims- Coves the j Subdivision of Land of the Planning Board in the Town of Agtwaaw. / FRAIL D. Foam 1. Name of Applicant J's'./ i . . ..�:i 4�G�$:�i�w r r w • w w w• .r r .. • r . w . r. t�r Address :}: .1/ { i: ff .t :: �. . .+��+ . . . • , . w. .r .. .• :. .. . . .. *. 2. Name of Engineer or Surveyor ` . . ` :,. . . . . .. . Address ✓..��. . :�:`: :; r .. .. . :.•. .: . . . .. .. . . .. . . .. . . . 3. Deed of Property Recorded in iZIA . . , .Registry.. . . . . Book 6 . .-: :`. . . . . . . . . . . . . . . . .Page :. . �. . . . . , . . . . . . . . . . . . . . .. .. , . 4. Location and Description of Property: (Attached sheet). S. A list of the documents included in this application shall accompany notice to the Town Clerk. Documents required to be submitted with this notices a. Notarized statement of interest In the land. b. Environmental study. c. Plans and specifications. d. Statement of time-development sequence. e. Plan of sequence of development. f. Town-Development relationship study. g. Reports of test borings, etc. Your attention is directed to Section III, B. 8 of the Subdivision Rules and Regulations requiring the posting of a bond or recording of- a covenant BEFORE approval can be given. r � � Signature of ownfir<�,. �� fi : 0,46.: -------- Agawam Planning Board STATEMENT OF INTEREST D�►t � The petitioner certifies that he is the authorized representative of the owner of all landa , contained within the description of the subject petftion and that he has option to purchase such lands, Re: Agawam Planning Board Case No.. (Name} IN OLP- { d. ress) G � caf i COMMONWEALTH OF 7ASSACHUSETTS HAMPDEN as Date A1,1/ There personally ap eared before me, on the above date, r ,to me known. to be the person described in and who executed the foregoing docmaent. Notary Public `" My commission expires M�A ' h3.S APPLICATION FOR ENDORSEMENT OF PLAN RELIEVED NOT TO RE21ARE APPROVAL . Fie one cow',pleWl form with the Planning Boa and one copy witti tha Town Clerii in aceordance tiv:th the reguiremeata .of 6ertion II-b. y Agawam. Mass. '^o rna IL'lanakg Board: The undersigned, believing that the accezppanying plan Of his property in ..he Town of Agawam noes not constitute a suWivixion within the meauisag of the SubdivWoa Control Law, here subnaibs, y� -Aaid plan for a detiarmin don and endorsement that I'lr.nninrg Board-approval order the lnbdivision Control , Law is not required. �b oe A- p-e t ..............o --urveyor 4-0-t 410 , ?Qj, 4400�r ........ 'i ;aced of praper'ty recorded in . �4et 4. vow � . . . . ... . .. .... , , SNOW, � Book . . . . � ' Page • . . . . .. ... ... ,. .. .... ....,.... �.oLncion and Description of Property J�&I J/ a //0 5. Describe the proposal in this submission. Ong 1pa#4aw T 1 1477V j ice. , ► o " Attachments —Zari imaL and 2 cop ) -of plan by Certi ed Register Land Surveyor. � Q Signature af,,q nner ,. Address TV TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 p, Ma ' PLANNING BOARD February 6, 1986 Robert G. ' Fearn, Jr. 539 Shoemaker Lane Agawam, Mass. 01001 Dear Mr. Fearn. L„ At a duly called meeting of the Agawam . Planning Board x the Board voted to approve your plans under "Subdivision Control Law Not Required" , for a parcel of land located on the .west end of Losito Lane on the southerly side. Plans drawn by Roland A. Foresi and dated February 1 , 1986. Very truly. yours, AGAWAM PLANK G BOARD f .. lmc cc: Town Clerk Assessors File # 1735 • V" z. f. TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSEtn 01001 ; Tel. 413.7864D , i Planning; Board December 2, 1977 Mrs. Patricia M. Fedora Point Grove Road Southwick, Mass. 01077 Re: Form A - File #1256 ' North. Westfield Street> Dear Mrs. .Fedora: At a •duly .called meeting of the Agawam Planningloard held -on Thursdays December 1, 1977., the Board voted to endorse. the. above referenced Form A, Subdivision Control Not Required. r t' Very truly Fours, AGAWAM PLANNING BOARD NOG/wem cc: Town Clerk Robert H. Aseltine, P.E. i. 1. I :6 NY Z- 330 1161 'SSVW 'W'dUSY FORM ASS APPIWATION FOR ENDORSENaM OF PLAN BELIMD NOT TO REQUIRE APPROVAL File one completed form with the Planning Board and one eopy with th4 Town Clerk in accordance with the requirements of Section II B. Agawam, Mass. ,. �. .... 19 /•.. To the Planning Board: The undersigned, believing that the accompanying plan of his property in the Towm 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 Subdivi6m Control Law is not required. 1. Name of AppBeant . . . . .... . : .................. Address , .......:...... . t f 2. Name of Engineer or Surveyor .;l�I t ..........r....................... .. . Address 3. Deed of property recorded in . .. ` .Gt�*rr�t�e-r� ............ .. . ....... .. $egg, Book . .IK0 109, ... . Page . . .. ........... ... ..... .. . 4. Location and Deseription of Property: ZZ ADM6 *SSVW 'Vom Signature of owner . Address . a�.4.. :.Ae............. .. Gc� IW . 47/oc991 TOWN F AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 4I3-786-W M Planning Board December 1-5, 1977 Mrs.. Patricia M. Fedora 53 Lakeview Village Southwick, Mass. 01077 Re: ' File #1258 Form A North We stfield, Street l Dear Mrs. Fedora: At a duly called meeting of the Agawam Planning Board held on Thursday,, December 159 1977, the Board voted to endorse the above referenced Form A. Subdivision Control Not Required, with the following note: This parcel of land shall not be construed to be a building lot until so determined by the Zoning Enforce- ment Officer. . Very truly Yours's AGAWAM PL MING BOARD G A4 (2 Arkr� NCG/wem Vz cc: Town Clerk - Robert H.. Aseltine, P.E. 91.:01 WY 91 330 1161 'SSVW 'wivMVJV 331AJ0 ��310 NMO4 FORMA APPLICATION FOR FIMORSNOW OF PLAN BELIEVED NM TO REQU APPROVAL File one completed form with the Planning Board and one copy with the Town Clerk in aeeordanoe with the requuymenta of Section II.D. Agawam, ]iL 1977.. To the Planning Board: i The undersigned, believing that the accompanying plan of his property.in the Two. of Apw4m does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith- sahmits said plan for a determination and endormment that Planning Board approval under the Subdivision Control Law is not require& I. Name of Applicant . .1!94 -4.. .15 -'K... ... ........ .. ......:.......... ..... . � ' Address 2. Name of Engineer or Surveyor . .. .............. .........�. Address .. 4. �.. ..r�'. r.�:tom.ti.QIQf . ..... ....... . . . 3. Deed of property recorded in . ... ... . .... Registry, Book .. ... . .. Page . .....!!�<.l ................ ...... .................. . 4. Location and Description of Property: tsj cv C)< Cz ca .%$iignatare of earner r. ...... . .. Address .'"!$. TOWN OF AGAWAM WAW iMMU BOARD OF AP°!'Em JAN 21 44 29 DEC190H OF BOARD OF APMU :n .:a Dom. January 17,_ 3 p.W„ o4 Federal,Hill Club I=. Prn�ises • a rd _ 31 --Co #102 The petitioner same before the Board of Api at a pul"a- t e hearing held an Thursday, December 9, 198� t �OD P.M, 010104*6 seeking relief from Section 20, Paragraph 21 (L) of the Zoning Ordinano*s to allow the "off street„ parking of Oars in a residentially zoned district located to the rasa of 135 Coo or Street. The Board, after a careful review of all the faeta preseq: ed at the public hearing, ac4led with "on site" inspeationa by each Board member, allowed the Board to conclude the followings 1. The Federal Full Club, Inc. is a restaurant and banq"t facility with a listed address of 135 Cooper Street# Agawam, Moss. - 2. This is not a new operation just b*SL=dxg busineaat • but an established facility that has b owned operated by the Moretti family dating book to, 1943. 3. The Federal Hill Club is located in a-Residential A2 distriot. 4. The proposed parking area would have a lib (one hu and .sixteen foot) frontage on Federal Street Extenxion. The proposed: new parking area would hove an area of some 12,0OO square feet approximately. > 5. The closest abutter would be 101 (ten feet) from the southerly border of the proposed now parking area. 6. Opposition to the petitioner t s request was ewrera d at the public hearing and noted by thislBoard. Finally in the Board's view, adequate relief ow be granted the petitioner and still pretest the adjaoont abaftfr along ;tbe southerly boundary without any harmful effect on. the neigbborbuool in general or the Community as a whole, `` TOWN OF AGAWAM MASSACHUSEM A 'A i fi. BOARD OF Al'pEM 0 JAN 21 a 29 D DECISION OF BOARD OF APPEALS DW* Jai as 17jg M Pogo* *F Federal Hi11 CL42 10, Pr wl"s affoabd Page 2 Therefore, with the po mr vested in this Board of .Appeals, in and for the Town of Agawam, we do vote unanimously to grant the rot., quested relief subject to the following conditions: 10 The new parking area shall be construe so as to provide a buffer area of at least 501 fife foot) along the petitioners southerly proape lin*# and that of the abutter, Mr. & Mrs. Charla�os, of 31 Federal Street Extension. 2. That -a fence b* *rooted along Federal Street Extension side of the now parking area and a natural boundary of shrubs and trots be planted along the southerly end of the new parking area. 3. The petitioner shall have recorded in the Hampden Cannty Registry of Deeds a '"Notice of Varian*" form furnished by this Board. 4. The variance shall not become operative until prof of � all filings as required are submitted to. the Building Inspector, 5. All other requtsements of the Zoning Ordinances &heal rprevail. �f �3 I� �9- �� 3 WN OF ACAWAM. MASSACHUSETTS �, . Bond of App"k - - - 1 � 1 0 1 � s4 No. ...,... . ........... ' ft, Filed ........... s Searing �s .9: o~a ..........` APPLICATION TO BOARD OF APPEALS FOR VARIATION FROM THE REQUIREMENTS OF THE ZMNG BYLAW �ad�ral i�lll blob Applicant: .... ..................�i......R......:........ Address: ........... Application is hereby made for a variation from the requirements of Section................. Paragraph................. of the Zoning Ordinance. Premises affected are (a) known as NUMBER ................Street; ........................(b) ..............,feat ►il9�a ! sba a redar� treet distant from the corner of .. !.... . Description of Proposed Building 1. Size of building:...................feet front: .. .feet deep. Height: ...................stories: .................. .feet. S. Occupancy or Use: (of each floor) .... ......... ............ ........ ................... S. Building Zone Distriet: ........... 4. Date of Erection: ......... .. L Has there been a previous appeal, under zoning, on these premises: ........1*t.......................:.................. 4. Description of proposed work or use: ... !'� f on. .� l:Qilla. .i a � 3 0 •••. accolr> at�r ft t 1al:t�l e.,blr exte"sion of p»sent are by a Section of .1160 of ..............Ate-.... .. ................................. ..... ........................... . . to a dwptb ink;racesrra of 1 !!•, A thti R 1 f Mc f! ftnet Ma th shebs a A MUM b Mt 11!yr. �!< t0 rue l n,at,buffer.area far !butt !.an.••••. ... .. .. ........... ... ... .... ... Masterly side. ............ ...... . ..................... .............................. . 7. The principal ressons upon wbich I base my application are as follows: .................,................................ business ....... . .......___.and for tlla ,o; .f lr.jWV" $ ............... Thu appll+QasfofMls that thfs wolf! shoule bo alla�ada ......... ............................... ...... ...... .. ... ......................................... .. ....... ......... .................... ........I...... ,,:... ............................. ............., ... .; . .................................................. . . .... .............................................. ............. ............. .. .................. ......... ... .... ............................................. .......................... ................................�,;�...� ... .. ........ .. ....................................................... ............ ............. .. ... Signatwo of owner or his authorised'Apnt Notice:This application must be filled out in ink oar typewrittM THIS 'SIDE TO BE FILLED OUT BY THE ASSESSOR-S OFFICE Fall;:Ring is a list of names and addresses of owners of the fee, of all property fronting on the same lido,of the sbvo , and which lies within.40 feet of each side of the land in question irrespective of statet intersections, and the ors of the $ properties in front and in the rear of the lard in gmdon: Names: ..................... Addresses: ./.. .... ..... ...... .. .............. . .......... .,.:.: .................... ........• .....•.•. .. ........ ............. - .........•....♦.. ........r •.:..•.....},} - .. ................• •..• ..............r..• rri..- ♦l�14 kf Y'F'�7. r'}'Y r Al .44� - •• .♦.a... •........••....... .... • r•.. •.•�................•L...... :rws ..................• •............ ............. . .....• .i�-•....• ...a...••. •r..•...... •........• .....• •............•.•........... • : • �j.................• ....• •.......... . .................................................. •.......:•.♦!..• ..........• ...t.. .. ................................ .............. ..... •...........• .• •.I.......lj ...•....• • •.........• •.................. ♦ .....•...• ..• •.. • •..• • •.....Y- 1 }.• ...... •...... •.....................• • • •.• ...................................... •.........•.• •............................ .....• .............................................. .................... •.......• .• ...• • ............................ ....... •\• ........• • ....• •......... • •.• . a• •......... ......l.• ..♦• •.• ....• ......... ...................•. •....i...• a •.• ,_ •.•�...... •♦• •.Y.• ........• •......• • ......... • e .• •• ..........•...,: 1�. • •..S...Y-. ...... ........... .:......-.. ..... ........... ....... :.'• •..................•....... . .... .......... •...............•............ .... . - •. •................................. •.. ............ ......-�.. . ., �... ....... . r , WARD OF APPEALS M :TIrvG D*C*2d)1W, 9 The following memberi attended the 8:D0 P,,M. meeting: . w �_ Theodore A. Progulske, Chairmeat Ronald LaRiviere, Acting Vjoe Chairsan � Ronald Hebert, Acting Clerk r '� ARPeal of Federal dill Club Inc ill 22%ggE Street caawAkle . 0 A public hearing was held on Tbarsday, December 9, 1982 : at BsC KNO o'clock to all panties interested In the appeal of the Federal dill Club, Inc. who wa 5 seeking relief from Section 20, Paragryph 21 Q) of the Zoning Grdinances to allow the off street park ng. of care in a residentially zoned district located to the rear of 135 Gvopar Street. The public hearing was called to order at precisely 8:11 PY. o'cI.ock by Rorrl of Appeals Chair mn "fir„ Theodore sro tl,ake who bean the hearing by a readin& of the legal notice: publieh d and jy outl 3 n_rj the rules any re ul.a c.ions under which. this Board abserven in conducting a public heWrIng. Att(_uY- ay _Druc = _). Clarkin of 287 State Street, Springfield, Wssachuse.tts representing �11r. Charles C. and Mary Andres, abutters of 31 ,lederal 2treet ixtensior, Agawam, voiced his- questions regarding legal notice. Attorney Clarkin was informed by Ed. Progulake that the legal notice ears tae judgement of the. Chairman and ,vas pLzbli a hey: as such. Attorney Raymond J. Fontana of 95 Kate Street, Springfield, Massachusetts, representing Ivanna L. Toretti, President af Federal Hill Club, Inc. , noted the reputation of the r edemi l Hill Club is well known abd respected, and as a result of thin well known reputation. and due to the increases of business over the year,, the club has found it Necessary to increase the parking area for its patrons. Attorney _'ontana further stated and explained by way of the plans sub ittoi, that the proposed extension of the present parking area, wcu.ld be 1.16' (one hundred and sixteen feet) along. F ederal Street Ex-tension. [sir. Fontana further noted that a chair._ link fence shall be erec7ed as well as shrubs and treez shall be planted thus providing a► natural boundary along , the southerly end of the proposed area. The Chair questioned the existing parking area as outlined on the surbmitt®d plants and what provisions are provii4od for in regards to overflow par'._ing presently. Attorney Fontana noted that overflow parkin,, presently parks on street. We Board questioned how many additional spaces are expected to be gained as a result of this additional parking area. The petitioner, Ms. Iranna Moretti, stated it washer understanding that this proposed parking area *tioul.d provide 20 (twenty) additional r BOARD OF APP7JALS !`]ETINr-G ember 3 �, - Page 2 - parking spaces. The 3oard further questioned whether a right of ingress egress would be necessary or provided or how the proposed sre� would affect traffic flow from existing areas and the neighbo oo�'^ in general. ;What type of lighting would be provided and WOU14b - this lighting have a detrimental or disturbing affect to the general area and t,,e neighborhood. The >oard fuz ther :questioned the petitioner as to distances ofo r. the :-comes along the property boundaries and the proposed parkift area. `he pe.::.i_idne- , 1;s. 'sloretti, and kttorney Fontana noted for the Board -.:ie t lc encrance and exit areas for the. new area would be I >_3F`!r au ts-cse •.pow provided for by the exi�t�� parking areas tha.t )r entrances �tre ne.-,:essary or ant .cipated In to tr'.e lighting 1,1r. ioatami stated `that any additional 1i 7 y iY,`, wee t ,- similar ,or "li=.c type" as presently used ar.oucd thL exi s tin park:s_n,- areas. T'he petitioner stated that :.:.uid Je ;which s,buts along the southerly y parkins, area and is about 21 t (twenty-five <��: �'zaa :i_a i�.-)ted that this .ias Inis clients home and stated havin,, a ar :i,n„ arep, nd all :its assur ted situ Lions 10' (ter feet; ' froln yo,ar property, 11n.e is ;just unacceptable and t,iis request should ::)e denied« 1 1 Coo-aer `)trees., an abutter, stated his only coi.3ce rns cc.-,ap?aints wi_�l, he Federal dill Club core abou l a resu.� -, i' patrons T!lrs, rlg in. the street and hlocki.ng his :'r:Lveway, e : ,, ! and there +ire s in favor of the petitioner's should e111 . _n,-._ce -t._lis proble . At ;:C7'_ « t,.;e in t'ic a le ,,r:r ru :ted December 3, 1:'982, and rece"ved by ; .:, �_,c;arc ,�,cc { r� :: , 1 , was read and entered into the public record. This ,_ewer a as received -"ron a Mr« and Irs. '�;anquchelr ,ahreh-m nd of 31 F'pimea.ew venue w��.o outlined.-their, reasons-. for requesting .: oulal. : a -she petitioner titioner s. regi a .a letter dated December 9, 1982 and received by,-this. Board December 9, 1982 in which 'atga in signed-by_ " r. Ylan.ouchelr Bah r#h-.and o f 31 Fairview Avenue in which they -:otec� their previous letter .aril. requeswed that due to a better understanding of the petitionerts request that they w$rre In fact in favor- of the petitioner►s .request rather than apposed.. Attorney Bruce .C'larkin representing `-71ary and . Ct# rlea. Andma of 31 Federal Street Extension stated no bardship eras established or defined by the petitioner. Further=-s fir. Clarkin noted that there is no special Circumstances or anything, particular to the area proposed Which would necessitate relief and Mx. Clarkin continued that last but most important of the three steps f Page 3 - necessary in a ward of appeals granting, requested relief, and most obvious in his opinion, is that waving blacktop and: a parking area only 251 (twenty-five feet) from a residential area does in fact derogate from the intent and purpose of the Zoning Ordinances. Attorney Clarkin stated That the problems _ . associated with a parking lot, public drunkine3ss, parking lot M used as playglound, etc. , are livable problems when they are 120' to 1251 One hundred and twenty -- one hundred twenty-five 1; feet) away but at just 10' (An feet) from property line are notr%j acceptable an& therefcre the requested relief should not be .granted. .,. The -: card further questioned whether any sloping or grade that may affect the lot. Attorney Clarkin stated proposed area has o `r the same to,.og ar?x as the resat/ of the existing parking area. CM and inci.scAsing possible alternatives available to the petitioner's reE:.,ueat, was informed by Mrs. Moretti that the proposed area zn her opinion the :cost advanXagecus. Attorney Fontana contended that as it presently stands, a hardship is created. He noted off street parfcing and illeghl parking inconvenience caused to the petiVaner's patrons as well as nei hbars. :r^. : tana questioned At 0rney Clarkin's previous points and askew w, ether he would rather see off street and illegal parkin , wic. Attorney Clarkin stated that his clients urould rather see the proposed area grass 'and landscaping, not a parking lot. The Foard noted `.>] t :Lough the Ward is familiar with the proposed area t na , each member would rra making an "on site'' inspection and observe first hand tie area In question. The Board further stated that the proposed area is over 12,000 square feet ;00-21ve thousand square feet) and seems like an awful lot of adci tional parking , about 100 (one. hundred) automobiles or no. The point was made by the Board that a reasonable alta7navive may be in providing a larger buffer area or other po mi.ble al.terna wives. Attorney "ontana and the petitioner stated they would discuss these alternatives over with the contractor and see about any pcssiible changes to the present proposal and mould notify this Board regarding any possible changes. Attorney Clarkin requested that he wished to be notified should a new plan be submitted, furtheriore he reiterated the original application should still be rejected. In closing attorney Raymond Fontana restated his opening remarks and noted the needs of his petitioner. He cited the ex mplary reputation his client enjoys and his clients "good neighbor'' rel tionnhip with its abutters as well as the Town as a whole r BOARD OF APPEALS MSTING } ember Page 4 .. should be talon into consideration by this Board, The meeting was closed at precisely 8:47 P.M. V clock by Chairman P'r gul.ske who outlined the rules and time limits Involved t this Board in rendering a decision. Reppectfullyf submIttedo "Ronald Hebert . Acting Clark 1 in tes received: An. 17; 1983 Minutes typed: 4 an, 19, 1983 Minutes to n 1. Rose: Decision received: jan. 17, 1933 � Decision typed: Jan. 176 1983 Decision to �Is. Roset Decf N= mailed: .- ti TOWN OF AGAWAM s 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 I Tel. 413-78&0400 r Q 1Aa November 2, 1978 Planning Board Mr. Edward Caba, Town Clerk 36 Main Street Re : Form A ##1318 Agawam, MA 01001 ` Liberty Street Dear Mr. Caba: At a duly called meeting of the Agawam Planning Board held on Thursday, November 2, 1978, the Board voted to approve, "Subdivision Control Not Required", plan for Lot B and C and that portion des- cribed on plan entitled and dated: "Plan of Land in the Town of Agawam, Mass. , Hampden County, owned by, Estate of Tina Fessler." Drmm by Durkee, White, Towne and Chapdelaine, Civil Engineers and Land Surveyors, 356 Front Street, Chicopee, Mass. , September 281, 1978. Petitioner Henry Fessler Jr. & Emilia M. Fesp1 Liberty Street Agawam, Mass. Subject to Board of Appeals Decision #908. Very truly yours, AaAWAM PLANNING BOARD CO 4. RRH/dg cc : Petitioner Assessors +BOARD OF AFF'F'AIS &FTIW, December 7, 1978 Y-a�� The following members attended the 8 P.A . meeting: Theodore A. Progulske, Chairman, Jerry Zerra, Clerk Dennis Roberts, .kaaber Appeal of Henry Fessler 39 Liberty Street Case 1908 Mr. Henry Feaster, Jr. came before the Board of Appeals seeking relief from Section 20, Paragraph 38 of the Zoning Crdinance to allow the relocation of an existing lot line thereby, creating an undersized lot on the premises known. as 39 Liberty Street. Xr. Feseler: "I an settling my father's estate and I want to transfer about 40 feet of his land to my ownership. This piece of land abuts my property. It has 5 or 6 apple trees on it. I am going to retire is a fear years and I rant to enjoy these apple trees that I helped plant and raise. This will be a buffer zone between my house and whoever buys my father's house." Mrs. Fessler: "Our lot is approximately 85' wide and this added portion will make it a better conforming lot." Mr. Progulske: "Who is living in the old house now?" Mr. Fessler: "lio one. Just as soon as this variance is granted then we will sell it.,, Mr. Progulske: "Much discussion ensued about property lines, sine of lots in the general area and about a 101 bight of Way. Nothing could be finalised because of vagueness of plot plans and conflicting deed descriptions." Mr. Zerra: "B eat solution is to have the land ourveyed so we cam write v a proper decision. Your survey should show the changes desired and the engineering survey will be used to get properly descriptive deeds." Fleeting adjourned and time edtension agreed to by all parties concerned so survey and plans can be obtained. Mr. Fessler to provide Board of Appeals with one set of plans. Meeting adjourned at 8:35 P.M. Respectfully submitted, .mutes received - January 30, 1978 Minutes typed - January 31, 1978 �-Yk Minutes to fir. Caba - /Jerry L. Z rra, Decision received Decision .typed — �S :1 Wd I £ NVr 8161 Decision to Mr. Cabe - Decision mailed - 'SS�s� 30WO ',IU3 i3 NMO I FORMA 13 P AP LICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File one completed form with the Planning Board and one o v copy with the Tomm Clerk in accordance with the requirements of Section II.B. 4 =n Agawam, 14iass. September 28, .,t. 19. _Z8 =CD 772 �C3 Ln rn r 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 . S1, Liberty Street,, Agawam,. .$ �htxS. t. S. ........ ..... . 2. Name of Engineer or Surveyor . WrkeA,..white,. .TQwne. .&.Chapdel.aine. ............ .. . Address . ............ . `i. Deed of Property recordii h. . . . . .Hampden.C,Otr nt . ... .... ... . . . . .... ...... . . . Registry, LL 408 Book . . . . . . .. Page . .. .. . . .5.77..... . .. ..I.... .. . .. . ................. . 4. Location and Description of Property: Being all of Lot B & C. and that portion described as follows: S 190 43' 00" E By Liberty Street a distance of 2.31 feet S 720 09' 00" W By other Land of Fessler a distance of 131.65 feet N 200 01' 40" W By land of Howard a distance of 3.12 feet N 726 30' 15" E By land of Howard a distance of 131..69 feet. Containing about 358 square feet, more or less. Please see also Mauch 2ad, 1978 vote of the Board re Form A #1271, Signature of ow .4-� :.,c✓ .. 51 Liberty St., Agawan. Address . ... ......... . . . . . .............. . ... . TOWN OF AGAWAM i� 01% 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 �+ Tel. 413-786-0400 Planning Board March 3, 1978 Mr. Henry Fessler, Jr. 51 Liberty Street . Agawam, Mass. 01001 Re: Fozm A - #1271 Liberty St. Dear Mr. Fessler: At a duly called meeting of the Agawam Planning Board held on Thursday, March 20 1978, the Board voted to endorse the above referenced Form A, Subdivision Control Not Required, subject to the Board of Appeals Case #9089 waiving the frontage requirement. Very truly yours, AGAWAM PLANNING BOARD NCG/wem cc: Town Clerk Durkee, White, Towne and Chapdelaine 00 U-r LO L..t C CD r- �- C FORMA APPLICA N FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUM 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, Mass. FAXUAry U..... 19.3.8. 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 . ...Henry .Fessler,.Jr..... . . . . .. ..... ................................ . Address .Liberty. Street, Agawam..lY :3Ctr$............... . 2. Name of Engineer or Surveyor ....... .. ...... .. . Address . .. . ....356. .Fr.owt.S.treet,.Chi.caapee,...Massyachuaaetts....... . 3. Deed of property recorded in . .JiMPAPIP.Oe04DAy. ................................... Registry, Book .1�1 5 .. ... .. . ... Page .....4Q 8. .............................I........... . 577 4. Location and Description of Property: Being Lots A & B as shown on Attached Plan made by Durkee, White, Towne & Chapdelaine, Civil Engineers, 356 Front St. Chicopee, Mass. Drawing #78-3861 , Sheet 5, dated January 10, 1978 and subdivided as per Agawam Board of Appeals decision dated Jan. 31, 1978 and filed with- the Agawam Town Clerk on February 2, 1978, bounded & described as follows: EASTERLY By Lib6rty Street - 90.00 ft. & 44.65 ft. NORTHERLY By other land of Fessler - 131.18 feet WESTERLY By Land of Howard & Potter - 48.95 ft. & 84.23 Ft. SOUTHERLY By Land of Levesque - 130. 52 ft. Containing 11,378 ,square feet (Lot A) & 6,129 square feet (Lot•B) . 6S :I Nd ZZ 83d 881 30f � N��IJ NM01 Signature of owner Henry Fessle , Jr. Address � �. kexty..$ xeae ........... Agawam, Mass. N TOWN OF AGAWAM, MASSACHUSETTS Board of Appeals Mayes rlo. .......A NOV 14 1977 ............... ? Afiav',sM W,of Appeals J Filed 1/1 V— 7 7 /l>:awar.�,I►tass. ... ........... .......... IHearing ........................ APPLICATION TO BOARD OF APPEALS FOR N FROM THE REQUIREMENTS OF THE ZONING BYLAW Applicant: f' Y- .....Fe.;>v./A.Y Y.... Address: ...................... Application is hereby made for a variation from the requirements of Section................. Paragraph................. of the Zoning ordinance. Premises affected are (a) known as NUMBM04. Street; y......(b) .. `!......feet distant from the corner of ....../V B.r.t.b..........Street j Description of Proposed Building EAsting 1. Size of building...................feet front: ............ ......feet deep. A Height: ............. .....stories: ................. .feet. 2 2. Occupancy or Use: {of each floor) ....... ............ ...................................... ........... . o .. ram'. 3. Building Zone District: ................................ 4. Date of Erection: ...................................ZZX. �1 O 5. Has there been a previous appeal, under zoning, on these premises: ...th.......................................f g.'77. 11')'n 6. Description of proposed work or use: ...............3—. ..... . . ... 7 c.: .a� .. ..1,~.t.la. . .f° .. S.t.-..., ..F�©.f ...F :�rI. - �. .. .... rt. . .e77) ..................... .............................................. ........................................................................... 7. The principal reasons upon which I base my application areas follows: ................................................. .�r..YYI... ...v.�, .A........�.r.���1�.. ....•a,�.]'�C,cif' ............................... �. .. 1.7.,v. , .. r. 1 ... ! ! .. . .. . ......... Sign of owner or his authorised• t Notice:—This application must be filled out in ink or typewritten. THIS SIDE TO BE FILLED OUT BY THE ASSESSOR'S OFFICE Following is a list of names and addresses of owners of the fee, of all property fronting on the same side of the street and which lies within 400 feet of each side of the land in question irrespective of street intersections, and the owners of the 3 properties in front and in the rear of the land in question: Names. ........................ Addressee: ............................................ TOWN OF AGAWAMAM �b MASSACHUSMS o i 3? rn z BOARD OF APPEALS oA DECiSiON OF BOARD OF APPEALS a c3 � m Date Lamm 316 1978 POWI0e of Henry Fessler Jr. __ Premised of "W 29 Liberty Street Case Mr. and Mrse Henry Fessler, Jr. came before the Board of Appeals at a public hearing held on December 7, 1977 at 8:00 P.M. seeking relief from Section 20, Paragraph 38 of the Zoning Ordinances to allow the relocation of an existing lot line thereby creating an undersized lot on the premises known As 39 Liberty Street. A review of the facts presented at the hearing, and the observation of the . ++on site" inspection by members of the Boards allowed the Board to conclude the following)to arrive at a Judical decisions le No one appeared against this requested relief. 2. Mr. Fessler's lot of approximately 85' frontage abuts his father'e parcel which is approximately 1341 in width. 3. Mr. Fessler wants to sell his father's estate and reduce its frontage to 90'. 4. He wants to add that portion taken from his father's lot to his present homestead. 5e This parcel would be a buffer zone between his property and the new owners of his father's estate. 6. He wants to enjoy the apple trees he planted on this parcel in question. 7. The Board requested a proper survey of these properties and exact delineation of new parcels to comply with Ugistry 'of Deed requirements. 8. The granting of this relief will not derogate from the intents or purposes of the Zoning Ordinances. Therefore, based upon the statement of facie, and the "on site" inspections, the Board of Appeals unanimo=3,y grants the variance subject to the following conditions= 1. Property to be sold (Parcel A) shall have a minimum area.of 31078 square feet and a frontage of not less than ninety (90') on Liberty Street, TOWN OF AGAWAM MASSACNUSETTS o BOARD OF APPEALS W DECISION OF BOARD OF APPicAU rn Date. .._d�►�9 33.1 pok'NoN Promisor ei69W _39 1rdbee•ty St m- C004 #M_.,�.,.,,.,�� r Page 2 «. and deed description will be as per specification as delineated on Plan of Land #78.•3861 dated January 10, 1978 by Duise# White# Towns and Chapdelaine, 2. Petitioner will obtain Poem "A" for parcels as needed and meet P1=Wii9 Board requirements, 3, Parcel B of approximately +44,65 feet frontage on Liberty Street will be added to Parcel C as shown on said plan, 4, To avoid Parcel B being construed as a separate lot# a new deed description of the combined B and C parcels as one lot shall be recorded with the Registry of Deeds within ninety (90) days of the date of this decision. 5, Combined Parcels B and C will create a nev legal sized lot. b. The petitioner shall have recorded in the Hampden County Registry of Deeds a "Notice of Variance" form furnished by the Board. The variance shall not become operative until proof that such variance 'has been furnished the Building Inspector. FA TOWN OF AGAWAM •"�� '4: 36 MAIN STREET AGAWAM, MASSACHUSETP 01001 . Tel. 413-786-0400co rn F 0 R M A APPLICATION FOR ENDORSEMENT tin W cry c� OF PLAN BELIEVED NOT TO REQUIRE APPROVAL cn rn FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B Agawam► MA. . ols 19 .r-. . 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. I. NAME OF APPLICANT. . ... . . . . . . . . Address ! % 2. NAME OF SURVEYOR Address 3. DEED OF PROPERTY RECORDED IN Book Page 4. LOCATION OF PROPERTY: 5. DESCRIBE THE PROPOSAL IN THIS SUBMISSION. ATTACHEMENTS - TWO ORIGINALS AND TWO COPIES OF PLAN BY CERTIFIED LAND SURVEYOR. Signature of Owner 141. Address 3 TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 AGAWAM PLANNING BOARD June 26, 1986 Fether Inc. 13 Pheasant Run Circle Feeding Hills , MA 01030 Dear Sirs : At a duly called meeting of the Agawam Planning Board held on June 26, 1986, the Board voted to approve your plans under "Subdivision Control Law Not Required" , for a parcel of land located on Cooper Street. Plans drawn by C.E. Anderson, and dated June 1986. Very truly yours , AGAWAM PLANNING BO D Z., if �` i4L�GL7Ca.-L. sje cc : Town Clerk Assessors File #1779 $ � L z Knr s�s� �31 0 �73 NMZ1 FORM A a APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL a File one completed form with the Planning Board and one ` copy with the Town Clerk in aeeordance with the requirements of Section CI-D. Agawam, Mass. ... 19 . 7, To the Planning Board The undersigned, believing that the secoippanying 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. I. Name of Applicant . . .. . ..Y. . �1..�r. .r... . ..h C,_. . ... .. . . . . ... •.... Address ../..�. �`-:.4�'•..S.E.. . .l.. .. .. ,.� .... .... .. .. 2. 14ame of �; rveyor G. !7. ., � . . ,. .• •. ri,C�., .. .... .... ..... .,. u. Dead of property recorded is �-k . .............. RegietrTi Book . G .. . . . Page . . �.c�. �..... ......... . . ...... .......... 4. Loestion and Description of Property: 5• Describe the proposal is this snbaoissi.eno CO 66 ATTACHMENTS - TWO ORIGINALS AND TWO COrIFS OF PL0 BY CERTIFIED LAND SURVEYOR. Signature of owner i FA A .� TOWN OF AGAWAM �. = :4: 36 MAIN STREET AGAWAM. MASSACHUSETTS 01001 Tel. 4 13-i�-{?4(?a �D�ATED spy PLANNING BOARD September 20, 1984 Fether Inc. 13 PheasantRun Circle Feeding Hills , MA 01030 At a duly called meeting the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not Required" , for a parcel of land located on Kanawak Avenue Sunnyslope Avenue. Plans drawn by C.E. Anderson and dated September 1984. Very truly yours , AGAWA PLANNING 7ARD sje Cc: Town Clerk Assessors -.. File n nz rv 'M �© Cl) rn lop 40 Ir If 0 lop ir 40 too 41 .. _ , � ~� � . • � ILA � - � .n� � BURD OF LMLS N Octobar 25. 1 Page 2 — FACUM at 7#55 P.M. Rely sbtitt"t �u Richard Vw4ch � Atetxg Crlc min"b". rowiveft Nov. 240 1978 lea typed$ 1hw. 2$■ 19" YA=*Aw to Mr. Cobas Dodai m reds Nov. 274 1978 Deeisrim type& Now. 27, 190% Docuim tie Dr. Docuiea z _ N TOWN OF AGAWAM MASSACNUS[:TTS 1111ARW OF APPEALS p ` DECISION OF BOARD PF APPiALS Doe November 27, 19" Potitioft of Richard L. & Ruth A. Fields Piewitoo a#*" 41 Stewart law_�.�_�_ Richard L. & Ruth A. Fields came before the Board of Appeals at a public hearing held on Wednesdayt October 25t, 19"j 'seeking relief from Section 20, Paragraph 36 of the Zoning Ordinances to allow the construction of an addition for a beauty parlor with lose than the required setback to the premises known as 41 Stewart Lans e A review of the facto presented at the hearing, and the observation of the "on site" inspecationg allowed the Board to conclude the followings 1. The lot is Zoned Agricultural. 2„ Granting the petitioner the requested relief would be detrimental to the "public good's. 3. No hardship was proven to the Board. 4. Granting of the requested relief would derogate from the intents and purposes of the Zoning Ordinances, Therefore, with the power vested In this, Hoard of Appeals, in and for the Town of Agawam, we do vote unanimously to dwW the requested relief. 1 � i 5 0FY1111, TOWN OF AGAWAM4 MASSA&6SETT �- s Dodd oI App"h 1978 OCT -3 1153 APwa J, iziit.n� •a..of a,a•...{..{..N4.. � . w APPLICATION TO BOARD OF APPEALS FOR VARIATION FROM THE REQUIREMENT'S OF THE ZONING BYLAW Applicant /&. '.;�;;•: f71.�.w..►,.. .':'�'71 Jlddreas:►rY.. '/ 1 :[:.!y'�R ,.44.MW F.... Applientfon is hereby=a&for a variation from the requirements of Section.....Y•`.q.......... of the Zoning Ordienmae, map �.. � Premises•affected are (a) as i�� ...Af ......,��.I�a P,i��ia.. ...�� .���.......hd distant from the comer of ••f;AK A A--4FA...........llt-t D"alption of Proposed sodding !. fte of building:....... fW pant: .......'.'.. ......test deep. Saint. ..........1.......sweet .. feet L Occupancy or Use: tat"a tl w) ...... lR....AN,f.rW .. $e....................... ,...,........ 9. Building ?.one Didifatl ............. ............ ..♦......... �41.Y�)�D��ata of E�tEani .r...../..................41.......i.,. 5. Has there ins a preriona eppwt q=&r ^a••'•O, on these premixes: ........ .. ......................•.:....a..a..4{..4 Descri4•♦•R•R of proposal v10* Or Intel .• . . ♦ .. •.,.R, ...i..•..!►{. as a• •..a./.a!{....F.... r.i4�•. .....df. !RA. ..................................................... . . .............•...a•.................i..a/.................................................... .,..a{......a.f♦.{FF•{4.4.4.R .•..•..a.y•.1••...•..••a•.•,..lr.......................................4.....................r.....l.....�•.F..{.4..!l...• ...........•...•.........•R.1,R.....•I.i....................................f......,....l....!{..•.R,'1...R.,...FF...lf 4/fi 7. no pr(ndpsl rvawfts upon WM I boar my oippliastion are to toibm.-Up.Ld.1 # 'll �i... ...4 a. R ►l�f�►it. ` �1!!4.�.. 'l/.�a!.�#IR.,a�MP�f .l!�hlkkh�!!� �I�`�.!t L •l�� !'r'M;�It..�..�.1�'1� • f •.. •.• . � a1 . .1 f..�f�� .1.•��1r����.�=...a�• ilri.f♦�..��.lI.. 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THIS SIDE TO BE FILLED OUT BY THVASSESSOR{S OFFICE Following it a list of now and &4drmsss of owners of the tea of all propel► front m in as came aids of ft .uses and which no wiehia 400 tort of each skis of t>tia land in question err per lope of street 'Aftmaeetlona and the owum of ZI I„ properties in front and in the r %%*lard,is.gm#tbm*. a►f ' Nantes: .a.a.a••.a.aa. ./.a.aaa..saaaa./.../..1....I. 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Its a a.Is l aaagag.igr.ag•a1►ga aaa•...a a •.1.aa•la•4.....• .•.a..........•...as.**$.6 a.a age.aa•...a..a 16 af.aa.a a 44a.4e•a64 a a 1.a.....a...............••.. a•ar..sea•gal..aa..••a.a aaaag./..{...a►.•aaa a►1►a�►4ya s Ito g•1,6 a a 4a•a 4...1....+•a•••,•••••+.IIa +.a•aa•1•...•a a ale..Hag{eal,a laaaa••aaa.aaag b N .� `V.+3' • A. K.. .7,,' k. +"e' 'h! 1't"; .!`- '. r I{14 ,W A�A � 1 y fikl) FA TOWN OF AGAWAM ►, 31 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Z Tel. 413-786-0400 ti E D MPS` PLANNING BOARD June 18, 1981 Mr. Frank Fila 791 North Street Agawam, MA 01001 Dear Mr. Fila: At a duly called meeting of the Agawam Planning Board, the Board voted to approve your plans under "Subdivision Control Law Not Required", for parcel of land located on North Street. Plans drawn by Conlon Associates, Westfield, MA. Dated June 1 , 1981 , and revised June 18, 1981 . Sincerely, A AWAM PLANNING B ARD APB/sec cc: Town Clerk Assessors File #1427 CD cri tu c� z� � FORM A APPLICA"rION I!'OR EN_ Il_OR_S"IEN_T r OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File one cawpleted form with the Planning Board antl one ropy with thfi Town Clerk in ak�eordauee with the requirements of Se,tion li-H. Agawam, Micas. To tlse Planning Board; The undersigned, believing that the aeeogipanyiug plan of his property is the Tow#t of Ag watp does not constitute a subdivision within the meaning of the Subdivision Control Law, herewitb submife said plan for a determivation and endoroement that Planning Board approval under tote 8041vieiou Cwtrot Law is not required. J. Name of AppHeAut . . .Frank Fila . . . . . . .. . . . . . . . . . . .. . . . I Addy . 791 North, Street? A$awam,, ,Massachusetts , . . . , , . . . . r . r. . . . . . . .... . . . . 2. ids of Surveyor Thomas B. Wilson (Conlon Associates) , • • .•. . . r . . . . . ., • . .1 . .T, r , ., . •. . . . . . ,. .....♦. . •,�I��,,Ypu� 24 Clifton Street, Westfield, Massachusetts Yil7.iP . . . ... . . . . . . r,,. . .,r . . . . . ,r, ..., . . . . r,., . r . , , . . , .,,•,.R„l ,,. l ..,, . A 1 i 3. Deod of property .recorded ip . Hampden County � Hood . .. . . . . .. . .. . . . .. page ,1981 Document ocument No. 15004 . . . . . . . ...... . .. . .... r ...,,,..,..l .. .,. , 4. Loeation and Description of Property; approximately 5 1/2 acres on the southerly side of North Street, known as 791 North Street. 5 s Describe the prope4al is this sublulopJ944 The plan submitted is intended to clarify the perimeter of all `of the remaining ` land formerly owned 'by Violet T. Moore, now owned by Frank Fila, and ta. conaglidate the land onto one plan and to create a mutual right-of-way beeB, lots 2 and 3 as shown on the new plan. A A r* V Cat a._ ATTJIQHK0T� -- TWO URIGIAIAIJ AND TWU CUeI-&j OF I— IED LAND SURVLYOR. I Signature of owne .��. . II A o r - � TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 pp���ATEO Ma�� PLANNING BOARD December 189 1980 First Baptist Church of Agawam, Inc. 760 Main Street Agawam, MA 01001 Dear Sirs : At a duly called meeting of the Agawam Planning Board, the Board voted to approve your plans under"Subdivision Control Law Not Required", for parcel of Land located at the corner of Main and Elm Streets, Agawam. Plans drawn by Pharmer Engineering Corp. , Holyoke, MA. Dated December 8, 1980. Very truly yours, AGAWAM PLANNING BO D a APB/sec cc : Town Clerk Assessors File # 1405 TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 fir+ Tel. 413-786-0400 ATED PLANNING BOARD December 18, 1980 First Baptist Church of Agawam, Inc. 760 Main Street Agawam, MA 01001 Dear Sirs : At a duly called meeting of the Agawam Planning Board, the Board voted to approve your plans under"Subdivision Control Law Not Required", for parcel of land located at the corner of Main and Elm Streets, Agawam. Plans drawn by Pharmer Engineering Corp. , Holyoke, MA. Dated December 8, 1980. Very truly yours, AGAWAM PLANNING BO D � <�D APB/sec cc : Town Clerk Assessors File # 1405 FORM A APPLICATION FOR ENDORSMIENT 1 OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File one completed form with the Planning Board and one copy with the To.N•n Clerk in accordance with the requirements of Section II-B. Agawam, lliass. 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: I. Name of Applicant ....... ............... . Address . Z60. .MAIN .STREET.....ALAW.AH,.MASS.... . ........... ..... .. ....... . 2. Name of Engineer or Sun eyor . .:BHA MER ENGINEERING CORP. .... . . . .......... ...... .. . Address . 3 9.MT... .TOM .A.V.E......HOLYOKE,..MASS.............. .. .... . . ..... . 3. Deed of property recorded in . . .!JAM DEJj. CQMTX .RE9.I$TRY.QF,DEUDS ,.. .. .. .. Registry, Book . 2-090.. . . ... . . . .. Page . ..24+.6. . . ................ ...... ....... ....... .... . 4. Location and Description of Property Corner of Main and Elm Streets Agawam, Mass. e ` f3ignatim of ... .. of�� ,. r. .ram.. .. ,.. . a::..;�', ... ..._;.. ,. _. -..::_ ..... .. ., ....... __....... ".,_ _. _ x ' ; , t. , , K. A.; - k , T Hz 7 y , 76 -77 Q j { a T OW " y " ,n 9 0 l,' F r � a frrvf f r4 � �b" 4 s 4 N F _ F A/ IV IF v r F .R. � ' o ELE woR B � \ it% P4L/T E3 yQ .4 -4� Q ` (3 Z -.3.39�0 /s5 78 2� '�� y 337a ,32 , O H i- � U . Va Q � a V icr of �rG�l t�V�t�, s c. tt N 3491 7. 1fD G 4 72. 97 73 L{,O O E z - - _ _ 7H .5 PL.4// WQ5 F,4E'E ZO" 7 .5/.7 2 2 P-4 REh FROI+f /�t/F0, 111,4710 ti/ /5 70� i A.4/PCEL / /,5 iVO T THE RESULT OF ,9Ez D A�. � oR RECORD I?ESE�1 R�"y /,100EZ E E Nap Tta BE RETA/�lFD By ,q /�/ELD 50,,r< Y 45r 7 H45 c F/..R5T S4PT/�5TCyU�C',Y�QG.4WQM.2rNC DFF/C'E o l73 90 S7 GY 7S IF S 73 0 4�Df 00" W W,Q� ,qwD �<{SEiYjE�t/T.S Ohl ,4� r. � z �\ C� PA RC L 2 DON � �� � 4,e ..724 i s7 Q �� \ V G W " : ,o,4RcEL Z To B,E OEEDED 7Z� 1 �. �1P��eo Q� aF TyE Q .4/VD C4r�j8/NED WI T� 4,q ivD OF ° �L,gtiltil/�!G f3o,4R.D MOT 464W4wt cEAjETHRY 4S,50G14T101V � ��� ` ��G7uiREa V/_/DEAf 7HE F TD FORM 0"5 C41VT/GU0US F4RCEL 5 SU8D1 VIES/ON C'O"TKOL �.4W. ' OF ON01 V/ , ' - DE OW"Ee,5 1 f? / 7, 6 w , to . ..,. . TE f J F t : - o go 40 ao l o : tiA .7 C EF` "/FY TIY4 T TH/5ILt /V t - — W/TH THE 1e01_ES 14110 REGUL,q T/ON.5 OF THE' 14�'G1 STEeS OF DEEDS � Ti�-(E � CDitTI ijO"WE41_7H 01c- 114,4 SS.4CA1M5ET T,5: SUED!V/,'/Oil:/ O/c L 4N.D f ' J fi F/RS7" BA PT/ST CkuRGH 0 AGA WA4N1, . "4c yra - Scale /nQ, PHARMER F $ fiY ENGINEERING F Date " CORPORATION �� `u,ss - ' WILLiAM p A c fDrawn Icomp. WoP o. 9s24 r y Job No. O No. Description Date Dr ng No K - R E V I S 10 N 5 LM2162 ASSACHUSETTS d: - 9 30 TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 � 0 spy Planning 13oard April 24, 1978 Re : #1281 Form A Harold M. and June H. Fischer 1468 Enfield Street Enfield, Conn. 06082 Dear Owner: At a duly called meeting of the Agawam Planning Board on Thursday April 20, 1978, the Board endorsed "Approval under the Subdivision Control. Law Not Required" on plon. entitled" Plan of Land South Street, Agawam, Mass. for Harold M. & June H. Fischer, "prepared by Smith Associates, Engineers & Surveyors , 602 White Street, Springfield, Mass. and dated April 1978. w � Very truly yours, AGAWAM PLANNING BOARD cc ajx- I Mailed to Petitioner Cert. Mail cc. Filed Town Clerk FORMA ua , - - -- - APYLI 'nOI FOR 1� )RS t'INT - -� _ � OF PLAN ���Y.�I) --INOT- T O RE��►UAF, ;OVR �VA�.. ty �-- W------ ---- w._ � �t File one eorgjIete-ti-.form with Ilse Planning Oaam aw oat"Ep Y y With tte:TO n Clerk #ri aOci4dance Sri:b the r<<yuttnmie n.ts of Sectilm 11.1i ' R To the.Flay.,%t The >+iV er4g*, 'beJitw ing'-thtt , _,: ptan a testa t'ha T Ai.,ja a . does nat mst tute a subetiviaEun u said Flan for *'ditagomaugp and endoxaetm t .,. ",,s i•i.► ..,,rd atrNs 'a�ri�i t+.tb�• d ,�°, r Law is nat l Name of A e j pPl�cant 4 1 L l7 #� . . .t1 I J v c#^ i Adl3rcyss !- t 7' 4. �i �/� /"- p�h��/Y�. y� I)i N M V` .�,�V..Va l.i :? �Y -.. O'.-C I.. 1 1 7'7 Yam/��} ]n /fir f T{fit J .. •�Y „�,' §t_- �� U _. .G iiri �, � � '• '�, ly '.• �� �`�. ,;4 . vF -,,AQjWX 3 "0 N J A, n d s & wnl& ••. . _ .• f a 's r i J BOARD OF APPEALS NWIW Dumber 24, 1977 Thp following numbers attended the 7e0 PJai. meting: p Tboodore A. Progulske, Mmireft Jerry Zsrra, Clerk Dowl"Robert►s, Vember Appeal of Kenneth Foote 18-v -twfiem at. i&se.#9114, The petitioner owass before the Board seeking a relief Som 8eatiom 24 Paravqb of the sonias ordinance to allow U0 construction of t staraatorr with 100 "PA the required set back clearance at 18-20 Springfield Starve t. The Chair opened the hearing by introducing the asskav 40d reading the. of the Public Hearing, He then explained the pure the hearing. will Poll+ and called upon the petitiewr to present his case. Ken lbote t "I awn the property and Lass it to Sias Lad Imc: Xr. Comid,:dear, Gas Land representative, will present my case." Xr, Conrad Decker: "We have just laetalIesd a new iwtsr island vW ,lend;.w would..like to pint a occupy over both islands. - Tho else of the ► P ba, approximately 41D! Z 45' and *au d be for the awav+so3sn of_the Public, �ery and the service attendants. Mrk-`Pirogulsket Couldn't this Ater,island with the pesWe, be -r-elocated fq� frai the road?* Mr. Decker m "This outer island was not waved. If we did move it eloser ie-tbe other island there would not be ample roam for the proper f1m of. traf ," Xr. Foote: "This station was built 22 years ago as! at that time, e was iri :,proper order. We want to upd&" the station and make it a better Uwking place." Kr: Progutlake: *I see you have quite a few now pumps there - 38 by o►mti a+ Mr. Decker a "Tee. We will be carrying at least.#.dist,#;tlt"Ve' i�'�111116 OWN !ea: them' to properly dispense these products.* Mr. Progulsim: "I cannot we putting a CAMPY right anal tlie.,4dge of.the ro.d.'.. Dennis Roberts: "Doss all of yowr .premium gas oame manroe ,tsw* F Mr. Decker: *Teed. We haves individual tanks for each groAs of product.* Xr. Zerra: 01 think if the oamopy case to the asmt1orn e4p of the outer island it would provide sufficient coverage and still be awyr frame the road's W%e." r BOARD OF APPEALS XMING December, 14a 1977 Page -2- Mr. Decker a Mat would be a good solxution." . Foote: "This canopy will not harm anyone. It will mahu the entire area look better and when lit up at night, it will better illudinats the area -for a safer traffic flow. It will also bring in none tassel the To "Tho denial of this variance wool be a great financial hwrdebip to me because f. peo today tend. to buy where it is most oomrenient. This will kelp to get and maintain more btus#nses mad insure it's finial stability by beip able to 0aapete oa an equal footing with.other svrrawAIM stations that lea canapiso. . Meeting adJouarned at 7:55 P.K. - R�espsatttti� stibaittad Kiriutes received - JaMMa7 91 197g Xinutes typed - January 1, 19% giantes to Mr., Cabs .. Decision received - DecUiora typed Decision tO gr. Cabs • ea ,f r2�}N1 C Gird r f t FA 7 TOWN OF AGAWAM, MASSACHUSETTS '` Board of Appeals NOY 17 1977 s No. ............... Agaw::iii Bd.of Appea>s ), A ,rram,AAass. Filed ........... 3 `,� Hearing ........................ c.3 � APPLICATION TO BOARD OF APPEALS FOR VARIATION FROM THE REQUIREMENTS-OF THE ZONING BYLAW Applicant. , Ken Foote Realty,............ ... Address: ..396 Walnut,,St,, , ,Agawam,„Itiiig Application is hereby made for a variation from the requirements of Section..2074A....., Paragraph......A......... of the Zoning Ordinance. Premises affected are (a) known as NUMBER .18-2i0. ......Street; S.px:LDgf.ield..St..(b) ......125....feet distant from the corner of ...Suffield ,,,,,..Street . Description of Proposed Building roasting 1. Size of building:"'....4 Q..... ...,feet front: ...45...... ......feet deep. Height: ...1. ...........stories: .........:7...... .feet 2. occupancy or Use: (of each floor) ..... Rain„over aver„exist i;i�g,pAmp.J;sj ends.................. S. Building Zone District: ..BIAsJ-ness A .. ... „ q, Date of Erection: PeI1d T1 5. Has there been a previous appeal, under zoning, on these premises: ..................................................... 6. Description of proposed work or use: .... .. 'rie ', k7ra�70SeS to erect .a. 4Q 1..—.11 x. .... .... ,, Rain cover over existin islands per• attached„p];a>;is:..................... 7." The principal reasons upon which I base my application are as follows: ,Rain„cover„];S„beln ..prap4sed, as a„convenience to our customers and employees as a shelter from the ....... elements„duri;ng„inclement, weather . Rain cover is being placed..in. this lout ion„as„i;t„cannot be,moved back to the zoning ordinance ,requirement ,,,E: of635 '. -, 0"„due to existing garage position . We ask relief from the,. ... .. ... .... . ..... .. .. .. ,,,, zofl�.n „ordinance in order to permit the erection of this rain cover,... �•�i in the re"i.red front .�rard. •• ••,,. . ... .................................. .......................... 02t ............ ............................... ............. .................... .......................... �•.. , i•-- .. . .11a ............ r Signature of owner or his authorised Agent Notice:—This application must be filled out in ink or typewritten. TOWN OF AGAWAM MASSACHUSETTS . OWN CLERK OFFICE ASAWAIV, ri'ASS. BOARD OF APPFAtL4978 JAN 30 Pik 3: 41 Ma ` DECISION OF BOARD OF APPGM ATED O+a JanUM11. Petition e�_Kea Foote. Realty .___ Prods*s 890ded , 18-20 Sprira;field Street Caa f911 The petitioners Kernmth Foote@ came before the Board of Appeals at a public hearing held on December 24# 1977 at 700 P;M. seeking relief frog! Section 2D# Paragraph 43 (a) of the Zoning Ordinances to allow the construction of a structure with less than the required setback at 18--M Springfield Suet, The Board members reviewed the facts as presented at said public hearings as well as evidence observed during *on site" inspection by members of the Board. The Board concluded the following to arrive at a judical decisions 1. Petitioiner wishes to erect a canopy above the two islands with petroleum dispensing equipment thereon. 2, CanopV will be for the convenience and welfare of the public customers and service attendants. 3. The rebuilt outer island (closest one to the road) has been in service since 1956. k. Inner island ,was relocated for better traffic flow and for increased dispensing aapabilitiee. 5. The existing zoning by-law states no structure shall be located closer than thirty five (35) feet from the street line. 6. There was no opposition from any abutters or other citizens for this requested relief. 7. The granting of this variance will not derogate from the intents. or purposes of the Zoning Ordinance. Therefore, based upon the statement of facts and on N n site" inspection, this Board of Appeals unanfmow y grants the variance requested subject to the following conditions 1 1. CanoW shall be parallel to the outer esdsting island* TOWN OF AGAWAM MASSACHUSE"I I TOWN CLERK OFFICE AGANA.tl, MASS. BOARD OF APPEALS 078 JAN 30 Z� 1� ` DE B 0 Mp DECISION N OF BOARD OF APPALS Petition ei Ken FA&A 11081ty- Premises affut d , 18—?0 Wingfield Street Casa 923.1 w rage 2 w 2, The canopy shall not be closer than twenty (20) feet to the street line at its nearest point and shall c"er only the inner island, 3, signs and {?1,�'�nation of canow shams comply with 819M ordinance requirements. 4, Petitioner shall have recorded in the Hampden County Registry of Deeds a "Notice of Variance" form furnished by the Board of Appeals; 5. All other requirements of the Zoning Ordinances shall be met as well as any other conditions deemed in the "public good" by the Building lnspector. � .� . low - The fexlloving ®elders attended the 700 P.M. ss+est ; .a3 Tbeadeve A, .Prcwulsks. Chairma u J06 Aiken, Acting Clwk MUhael Diftetrj} A1termts';1kodbeo A al of. Franc and Pater Forastlare "2 Nis at!d' cam The petitioner is see relief from Section 20, Farag raph 21 (1) of the 74ring Ordinmwes to sal leae[.the offstreet parklft.at oar*,in .a retsidentlaI37 Cr1 „ram sosned district km wa an 98$ Main Strom. Ten (10) person attendad the wing. #� The. Chairmen ova the meetiW by first reading.t �.publisbed leol novice tbLt appeored in the Springfis ;d. Da y papes:aa OWLWnr'3rd ate 7Ath, 1 There wen no commas to the notice:. The Chair then InLroduced the Hoard embers and explained '.procedures tbIlmed in g Board,of Appeals ssseetix gs. Upon request from the Chair, Mr. Frank Forastiere "oft. He stated t and his brut bar, Fester, 13' pursed the s*jwt propertfWaith is zoned Bsix ass A egad were. in the process of *ow*rtt;g the build to w provide a funeral +servic of which they Yould aperate. Mr. °r r* Forasti.ere ginned, The existing perkift facilities art not, - A- adequate to p<rov&de necessary parking and that lv-paA experience he* shown that pe ;v Vlars�. W Vhei�r e�►'I basis dwring 11mited h u"I unable to mail Amiss of offstrvet parkiM ,av arced to park oat s.; street, Mr .Frank ForaStiere ftrthltr stood that off* p. s idag wbuld.ellmimte` pedestrian hasaxNU, traffic congestion, and would`#13a1pate whip 'Pon the saes wd abutUM parop rAy mare In Wig'mW aeeees to and from their driVways, Mr. Frank #oraAiere statexl intentim is`to` }##'total offstrest parking, screened and 1mmiacapesd to maintain the � sppeal user all vanuw p4ilft., be wftemlM Brill also be m=h tb t it will e2imUiate aw hs&dUO*' glare in windrsss of adjacent properti&s.e Mr. Frank ForavtIere eIplained the operation of`their biases in condcted the same as other funeral homes, that is viesitind : 2 P*N,, to 4 P.Me. and ' 7 P.M. to 9 POIT. Mr..Frank- ftreetisrs xUW test at pe'esenit the Tr%q"rtr.to 1mved with blacktop all the stay to the building folnsdatiany =d. tbat they plan to remove all blacktop from the ftust of the buildifg to the- street ]..#,ns, and:: ; repls+de it ti#th gorses, This in to fit in with the s3isl est^nsphsine of them area that that' are -" By doling this, OW-ago 4U44saing a assr mt of the existdng .par Ling and would like to relocate this to the of the building where Me feel it belongs. MI _ _ w INV s - Mr. Frank Mwastiers explained the str=tural chaff" that are planzisd: to the exterior and displayed the srehit wtural. =ints of the timished build stating that their target eras to open their do,, inercttrlr 1 , Chairman Progulske as bed it the basic structure of the building would be enlarged• Cyr., Frank ForesUore replied that .the basic strode. rated rssain, but theme were going.to enclose an area in the front. This 3a Un aadsting patio rsa for the antranoe to the #iz plmwd stor" that the budding vita origAbo s designed :for. The or4 saftnarl addition would`bei a that would be extended on the ba& of the buildliM. Depending_at► ems, this M to done now or de lspd for the futurs. M airmn.Pr ftulske asked if this Wince is.grantod,'Pis it your inteak UM �CD- narrm dowu the blacktop to a drIv away that mild require visitors to the ?" �"., Air. Franc Mere reEpli* , "we.Would be eased the perking to the rear with the axcaepation of none handicap parking tMt would be on the south side abet ug the Bireball p-operty line," � �'►s �.n Chairman Pike,"theree will he no parking is the front?" rr . Kr. Fran Foraatiere, ftbdre vM to no parking is the.lrat, ` f. Frank FcrastUree. explained that at the Preset tilde -the p wing goes up, to the Blr**1T prvperV. They pclAs to create a buffer I* bat aim by planting arborvitae chub_and a ten foot (10v) buffer strip tlow the r+e►ser of the Bircball property and aloes the southerly liw.of property timg.- the proposed parking area. The rest of the,land ice.ah woods and provides ' screehinc. Ghairwm Progeslske,"wf 1.1 the building re wdn..as a ons, story and will t1a�e _v be any' chaff in the roof Ise?" Mr, Frank Forestiere replied no, Chairman Progul.sks asked if the_architectural, ± artvp of the, eoupleted building en d ire hold V so tom# everyow-An the rods; iould nee., T!d done with the assidL'of lirrs or,`?fir. Diftetrb, v, member Julian adoe d„ Mr..Po inrs ironer irate db. a*.i,aftcate sow pu*ing slong the south aide dbuttig the Birchall property* spy is smailsbla. Will this be used for parking?" we,16MAileft replied, wm* PSAINW.1s .tea all bs g placed to th i '.e The aria you questim is varl"le and theme would be soars r+om for 'tit bid parked tbfte .if teary. Geenrall*y we have sometcpe to direct people o to perk. I am tls Mom be IM used at time by t1w sldarly and gip. to rye the d'Utame they would-have to walk, tPPnTS ` 5 � P&V3 - - Meaber Jultarso, *do you love &W Plans of instaIJAW a stockade feaae aloft the Binhall pro3orWO r-, Mir..Frank Foxes,#.". y F,we Feel the arborWi.tas-ems WM take aa►m-at amr+eerdpg on WO h. etbe. Wo do plan to prow lAi_a fewe, at"' I] _400 or basket weave, along the rear litta to eliminate heedl ►:glare and also:- rzovide security i1q"our #ba%tWrj6-11, ' • co �� rn a r> Mir t?i.Pietra: "How matly cars will the lot accamdat►*?'r Mr.,Frank Forastierbs �y (70) cars.* The Chair recogniaed Mr. luaus Kroball, 997 Main f9#a+ � ,4n c-, , Mr, J. Birchall stated be was an abutter and woulA Uke to know how tMs pla eca"res with the exiatir4l blacktop a1mg the au berly top further than it is now? ... Mr, Frank Forastiere no, It will be lour; yT� proyiAe 't o .'.Y•1 the ].uWscaping on .their property and the arborvitae �Mod gra�rivS Id W = of four (4) feet, Also we want to be able to-moral. the water an& we reAlise. this is a cast +of yours. J. Birchal:l, "yes.' � react queetion. U Vt it on the reeo4. Joe Dorman bolt this, he had no place to pat ter, TheV.rid .plot a11.t.3 f snow toward IW aide. IS additIM10 an of the rat" O"41ft off the roof toward my side." :As -ii r result I hom a ew1=0mg pool I= dde"aW collar, Aid, 1t told the bank about it, they did eot plow the snow. turd ,fir aids atsd Vilik. solved the problem." Hr. Frank Farastisre res►Iisd, 'fir intention 3s ti planIto. roar of lot. Also there will .be less star in this area sa•a resuit or.our,f+e�. the large wmate of bleftop from the frcxil. At the' .Use Abaft is nothing to stop %W-water r=nIng toward ymw pry , ga are gof m 'tm-*W" a scale ao that the eog*,aln the rater in our pio IPAV,; and elis+imte the problem you are no r. with axesss water," e .. Mrs. J. B#,r ebwUs "T 'hsft mere queftion about the 4;011r� Where the ubxvbs ara geiM to be, will -the cams be toward your trams?" MV, P, F�orastieres *In the builwas son" areas it, W'Ul be in the area:t err' . t Vim siJTObs are, firs. J. Bimhalli "Kill fibers be w pollution .from Air ears' As lmr. ftreUU im recuperoti:ig and has hDart tmuble, WW aaai mpivn tram the cars that *3u.ld' Collect in the hma e, wmId caviar problew for kr. *r*,h& I." Mr. F. For"tiere: "I do not see mW more cars prirlod 3n that area t .-tb is now, In fact there OW be lees: Ugm at pseeebt." Member JuUAnoa %Mr. Faaestier+e, my I suggest than 11 yoga are -Boir� to :bare ir if � co ir IN fig 1, TOWN OF AGAWAM - MASSACHUSMS TGW l ,4_ z r, t; FiGE BOARD OF APPEALS yr 6a6 JUL 31 AM IG 20 DECISION OF BOARD OF APPEALS Date July 213, _1986 Petition oFnnuZ]as Fountain Premises affected 62 Ramah Cir. North Case -#1168 A public hearing was held in the Annex Building of the Agawam Town Hall for all parties interested in the appeal of Douglas Fountain who is seeking relief from Section 20 Paragraph 53 (b) of the Agawam Zoning Ordinances to allow the construction of an addition to an existing building with less than the required side lot clearance on the premises identified as 62 Ramah Circle North. The above hearing was held on Thursday, June 12, 1986 at 7 : 30 P.M. o 'clock . A review of the facts presented at the said public hearing coupled with on-site inspections by various members of the Board allowed the Board to conclude the following: The premises in question , 62 Ramah Circle North, is an existing building housing an auto body shop which has been in operation for several years . The premises are located in an area of town currently Zoned Industrial A. Up until April of 1986 , Section 20- 53 (b) required as follows : "Side yards or rear yards shall NOT be required for a business or industrial building, except that there shall be a side yard and rear yard between a street and parts of a building nearest to such street to be no less than twenty five feet (25 ' ) but facilities shall be provided for loading and unloading all material , equipment and merchandise on the premises and entirely off the travelled way. " In April of 1986 , the Town Council drafted and approved revisions of the Town Ordinances which currently require a side lot clearance of twenty five feet ( 251 ) between the lot line and the principal building in its least dimension. In this instance, the petitioner had drafted and prepared plans for the expansion of his business in accordance with the then existing ordinances. The Board feels that in this instance, the petitioner has satisfied the necessary conditions for a variance . The requested addition will in no way derogate from the intent and purpose of the Zoning Ordinance. The area is Zoned Industrial A and is comprised of similar industrial operations many of which have buildings erected in conformance with the previous Zoning Ordinance and therefore are located as close as five feet from �a TOWN OF AGAWAM MASSACHUSMS TOWN C'i ERK OFFICE AGA1'��:y" M,1:ss. BOARD OF APPEALS y 1986 JUL 31 AN ID 20 Mpy�'1 DECISION OF BOARD OF APPEALS gTE0 Date July 29, 1986 Petition of Douglas Fountain Premises affected 62 Ramah Cir. .North Case #1168 page -2- the property line. Also, by virtue of the same reasoning as indicated above, the public good would not in any way be negatively impacted by the granting of the requested relief . Finally, in the Boards opinion, to force the petitioner to comply with the now existing Zoning Ordinance would impose upon him an unfair and substantial hardship, and would prevent him from enjoying reasonable use of his- property. Had the petitioner elected to seek a building permit approximately 45 days earlier he would have conformed to the then existing ordinance and no hearing would be required. The petitioner had already engaged the services of an architect to design the addition , and had also engaged the services of a contractor and some construction had already begun on other areas of the building. It appears to this Board that the petitioner has fallen through a crack in the system by virtue of being caught in a short time frame whereby 90 days earlier he would legally conform to the ordinance and quite possibly 90 or so days into the future the ordinance may be modified by legislative action so as to permit other persons located in the Industrial A areas of town to legally conform. The Board feels very strongly that the legislative body of the town take the necessary action to modify the current Ordinance so as to limit it to new construction within the area and to allow existing building to have additions constructed in line with the side lot clearance of the existing building. Also, a time frame may be established during which additions such as the above may automatically be granted by the building inspector. At the conclusion of the time frame period, the new ordinance shall be adhered to. In conclusion, the petitioner asks for no more then that which currently exists now in that the proposed addition will extend no farther out on the southerly/westerly side of the site then the now existing building. TOWN OF AGAWAM MASSACHUSMS lot BOARD OF APPEALS A'Awt.'� ' " IS86 jUL 31 M B 20 � DPy`� DECISION OF BOARD OF APPEALS Date July 29, 1986 Petition of Douglas Fountain Premises wetted —6,2_,.Ramah Cir- North __s'ase_ Page -3- Therefore, by a unanimous vote of the Agawam Board of Appeals, the petitioner is granted the relief requested subject to the following conditions : 1 . The petitioner shall cause to have recorded in the Hampden County Registry of Deeds a copy of a "Notice of Variance" form provided by this Board. 2 . The Building Inspector of the Town of Agawam shall not issue a building permit until such time a proof of filing of the "Notice of Variance* is provided this Board. 3 . The petitioner shall meet all other Building and Zoning Ordinances . One further note , the granting of the requested relief to this petitioner shall not be construed as "Blanket Relief" to any other persons so affected by the current requirements of Section 20 Paragraph 53 (b) . This relief is being granted to this petitioner due to the unique time frame in which he is involved. As stated earlier in the body of this decision, it is the responsibility of the Planning Board and the Town Council to alleviate this problem area via legislative action. i ti1 .t.Z .f f- BOARD 0 APPEALS HEARING JUNE 12, 1986 The folfowing members",attended the 7: 30 P.M. hearing: Theodore A. Progulske, Chairman Ronald laRiviere, vice Chairman Ronald Hebert, Clerk Appeal of Douglas Fountain 62 Ramah Cir . North Case #1168 The Board of Appeals conducted a public hearing on Thursday, June 12, 1986 at 7:30 P.M. for all parties interested in the appeal of - Douglas Fountain who is - seeking relief from Section 201 Paragraph 53 (b) , of -the Zoning Ordinances to allow the construction of an addition to an existing building with less than the required side yard clearance, at the premises identified as - 62 Ramah Circle North. The hearing was called to order at precisely 7: 30 P .M. by Board of Appeals Chairman Theodore Progulske, who ,read the published legal notice, introduced the members in attendance and by outlining the rules and procedure by which this Board conducts a public hearing. The petitioner, Mr . Douglas Fountain, spoke on his own behalf. He cited for the Board, how he was granted a used car license on February 19,1986. He noted how there were violations cited by the Building Inspector for too many un-registered vehicles and .storage of wreckage or damaged cars which had to be remedied. As a result of his being granted a Class II License it was his intent to build the proposed addition to the existing structure. The Chair questioned whether it was his intent to build the addition when he originally applied for the Class 11 License. The petitioner cited by use of a site plan submitted to the Board, the differences between what is now proposed, and what was originally, submitted to the Town Council . Mr . Gordon L. MacDonald, Professional Engineer , explained the difference between the original plan and the one which was finally approved by the Planning Board. Mr. MacDonald further noted that Mr.. Fountaln' s need for more useable business space, and how the addition would mean additional tax dollars for the town, and increased employees, as well as hoping to limit stealing and vandalism: i.n this area of the lot. Chairman Progulske asked why not erect an 8 foot chain link fence with barb wire to limit theft and vandalism. The petitioner cited how one of his neighbors did that along with a guard dog and the vandalism and theft still persists. BOARD OF APPEALS HEARING June 12, 1986 - Page 2 - The by-law was read and what alternatives were available were questioned. The petitioner stated that he would be unable to alter his plans due to requirements for space for display, storage, etc. , dictated under his Class 11 permit. Mr. Fountain stated if he is forced to comply with the by-law, it would probably cost him his used car license . Mr . Roland Navone, an abutter , stated how he just purchased adjacent property and would probably require the same relief as the petitioner . At this point Clerk Ronald Hebert explained the new by--law requirement and cited the conditions of Chapter 40A (Mass. General Law) which must be met in order for the Board to grant a variance. Vice Chairman Ronald LaRiviere noted how the Board of Appeals had no input with the drafting of the new zoning requirements. The petitioner , Mr . Douglas Fountain, then cited how he felt it was unfair for him to be forced to abide by the new by-laws when his application and his plans were submitted long before the origination of the new by-laws. At this point in the hearing the Chairman allowed for anyone wishing to support the petitioner ' s request to be heard. Mr . Roland Navone , 70 Ramah Circle, an abutter , cited his support. The Chair allowed time for anyone in opposition to the petitioner 's request to speak . There was no oppolsition to the petitioner ' s request . The hearing was closed at 8 : 18 P.M. by Chairman Progulske- who noted the time requirements for rendering a decision and the appeal procedure available to anyone aggrieved by such a _. decision. Respectfully submitted, Ronald Hebert Clerk Minutes received: July 9, 1986 Minutes typed : Aug. 25, 1985Minutes 'Q ; Decisiont roux : receivede S� I? Decision typed: Decision to Mr . Theroux : � yl ��' ' Decision mailed: Q��'��-1 TOVVN CLERK OFFICE. AGAWAM, MAM� kh ' Rl 1986 MAY 20 A ,A Boyd of Appoi& !1 3 b . �► _ 'rr-l.ofq r'! No. ...... ............ Jliasspeals Filed A earl ng APPLICATION TO BOARD OF APPEALS FOR VARIATION FROM THE REQUIREMENTS OF THE IONthG BYLAW A turn: Douglas Fountain , .. Address: .315 Lancaster Av. , W, Spfld, Mass:.... p, .. .... .... Application is hereby mate for a variation from the requirements of Section.... ........ ....... of the 7Aming Ordinance. Premises affected are (a) known as NUMBER ...R.. ...... ;Ramah .Circle. North.(b) ....... .......feet distant from the corner of .. .........................Street won of Proposed 13"ng } * 50 *4�g 1. size of building:...,t.5A.........feet frrmt: ---. ,-:E50.. ... ..feet deep. Height: *l..i.#j..........stories: .*2.3...7:i:j?.... .feet 2. Owapancy or Use: (of each floor) ..................._................ 3. Building Zone District: I.ndustria A............... 4. Date of Erection: ....1.97$.............................. 5. Has there been a p3reviow appeal, under zoning, on these premises: ............................................... S. Description of proposed morn or use: .l ..TO .p :qK de.aA.ins e prepared for painti,nq., .and trust wait. for t�►e.pair�tir19,_pr�c���,,.,�},;��„RrRY] e.A0.. .inside hDlding area for newly painted vehicles 3 To;.provide„one, tal, ar ,fq „gnu,.. vehicle in accordance with the requirements of my used car license:..... .......... ......:... ._................. --... ..... .............. ... ................. ........................................ ..... .... 7. The principal reasons upon witth I base my applimden areas follows: N ,t) iSti ng,bui 1 di rig.)q�� ....at.five feet .from the. out.herly..praperty,.jine. .M�y s aci l req�ir ments,dictat�,that.t e ....prvposed,addition's, South wall , be_ i.n, line with the„ori.ginal structure;..Moving, the„.,,.. addition to 25' from the southerly..property line .would result. interfere with existing.. outside parking and vehicle storage areas , creating a severe.hardship"for the sucess- ...ful operation of moy bus,iness...... ........... .... ............................. ............ ........... ............................................................... ..... .................................................. Signs .of owner or bb authors Agmt Notice:—This appReattos must be filled set In ink or typewritten. THIS SIDE TO BE FILLED OUT BY THE ASSESSORS OFFICE Following is a list of names sad addresses of owners of the fee, of all prsopesty fronting on the oasrfe aide of the street . and which lies within 400 feet of ewh aide of the imA in question irrespective of street intersections, and .the owners of the $ properties in front and in the rear of the land in question: Names: Addresses: ............................................ ................................................ ............................................ ................... ............................ ................ ................................................ ................................................. ............................................. ............................♦................... • ..........:................................ ................................................ .............r ........... ................ .............................................. .....i..................................... ..........JJl.al.s.............................. .............. ♦ ............................ .............................. ................♦ .......................................... ..............J.......................r......... ............................................. BOARD OF APPEALS MEETING _ JULY_ 24L1986 The Board of Appeals held a public meeting on Thursday? July 240, 1986 at 8 : 35 P..M, for the purpose of discussing Case #1168, Fountain; Case #1169, McLean Realty; and Case #1170K Katz, in order to arrive at a decision. The meeting was called to order at 8 : 35 P.M. by Board of Appeals Chairman, Theodore Progulske who opened the meeting for discussion. The first case to be discussed was Case #1168, Douglas Fountain. It was noted during the discussion that this case came before the board as a result of the new by-laws. It is the understanding of the board that the by--law will be amended in October 1986 . Each member was called upon to make known his vote for the public record. Each member, Ronald LaRiviere, Theodore Progulske, and Ronald Hebert voted in the affirmative to grant the petitioner the relief requested and the clerk was instructed to draw up the decision. Closed 8:42 P.M. Case #1169, McLean Realty was the next case to be discussed since the petitioner was allowed to withdraw his application. The board voted to rescind the withdrawal request in order to allow the process for the application for a variance to continue. At the conclusion of the discussion each member, Ronald LaRiviere, Theodore Progulske, and Ronald Hebert voted unanimously to grant the petitioner. the relief requested. Closed 8 :46 P.M. Case #1170, Katz was discussed. Discussion was closed and each member was called upon to register their vote. Board member, Ronald LaRiviere stated his vote in the affirmative for the petitioner 's relief, acting Clerk Emma Robinson cited her vote in the affirmative, and Chairman Progulske made it a unanimous decision and so noted for the record and instructed the clerk to draw up an affirmative decision based on the discussion during this public meeting. The meeting was closed at 9 :00 P.M. a c Respectfully submitted, Ronald 'Hebert � Clerk a� Minutes received: July 25, 1986 Minutes"typed: Sept: 9, ,1986 Minutes to Mr. Theroux: F as TOWN OF AGAWAM MASSACHUSETTS BOARD OF APPEALS y1981 JAN —9 AH 9- 29 c� DECISION OF BOARD OF APPEALS AT�D Date Januar _7, 1987 Petikion oF�James B. & Karen P. Frantz Premises aFFeeked 16 A public hearing was held in the Annex Building of the Agawam Town Hall on Thursday, December 11, 1986 at 7: 30 P.M. for all parties interested in the appeal of James B. and Karen P. Frantz who are seeking relief from Section 20 , Paragraph 21 (b) of the zoning Ordinances to allow for the construction and addition of a second housekeeping unit to the existing single family residence -., located at 16 Simpson Circle. A review of all of the facts presented at the above public hearing allowed the Board to conclude the following: 1 . The premises in question, 16 Simpson Circle, are located in an area of town zoned Residential A-2, the second highest zoning classification in the town. 2. The immediate neighborhood is residential in nature and is comprised solely of single family residences. 3 . There are no two family residences located in the immediate area. 4 . The petitioner was unable to substantiate any significant hardship which would be incurred by him by virtue of his compliance with the existing ordinance. 5. The petitioner does have the ability to construct without the approval of this Board, an addition to their existing home. The addition, however, may not contain provisions for a second housekeeping unit. The Board of Appeals is aware of its power under Section 20, Paragraph 21 (b) to grant upon appeal the relief requested if in the Board ' s opinion such relief would be in harmony with the intent of the zoning By-Laws, would tend to preserve the character of the neighborhood, and in the Board ' s opinion such action would be wise and prudent . In reviewing this case, the Board feels that sufficient evidence has no been presented to enable the Board to grant the petitioner the relief requested, and further for the Board to grant the relief requested would be an abuse of the powers vested in it . 1 FA TOWN OF AGAWAM i A - MASSACHUSETTS BOARD OF APPEAL' " kt�4. {w yr ,� 1981 JAN -9 AM 9, 29 'gip MAy� DECISION OF BOARD OF APPEALS pake, January 7, 1987 Petition of James B. E Karen P. Frantz Premises affected I6 , , , son Cir. _ Case 41— Page —2— While the Board is sympathetic to the petitioner ' s request, the best interest of this neighborhood would not be served by allowing a two family dwelling to be created by the issuance of a variance. It is the Board ' s further opinion that the residential character of the neighborhood would be altered. Also, because of the fact that the petitioner does possess the ability to go ahead with the construction of an addition, the petitioner is not being denied a reasonable use of his property. Therefore, 'by a unanimous vote of its members, the Agawam Board of Appeals votes to deny the petitioner the relief requested. J7 ll�� 1I9197 1 BOARD, OF APPEALS HEARING ;VICI&O,BR_ 11Q, 1986 �T The following members attended the 7: 30 P.M. hearing: Theodore A. Progulske, Chairman Ronald LaRiviere, Vice Chairman Ronald Hebert , Clerk A eal of James and Karen Frantz 16 Simpson Cir . Case #1186 A public hearing was held in the Annex Building of the Agawam Town Hall on Thursday, December 11, 1986 at 7 : 30 P.M. o'clock for all parties interested in the appeal of Mr. James B. and Karen P. Frantz who are seeking relief from Section 20 , Paragraph 21 (b) of the Zoning Ordinance to allow the addition of a second housekeeping unit to the existing dwelling at the residence located at 16 Simpson Circle. The following are the minutes of the above mentioned public hearing. The Chairman opened the public hearing promptly at 7: 30 P.M. by reading the legal ad as it appeared in the local newspaper . There being no comment as to the content of the legal ad, the Chair then introduced the members of the Board who would be sitting in attendance at the hearing. Those members included Mr . Ted Progulske Chairman, Mr . Ronald LaRiviere vase Chairman, and Mr. Ronald Hebert Clerk. Mr . LaRiviere would be acting as Clerk for this hearing. Following the introduction of the members, the Chairman then explained to the petitioner Mr. Frantz, the format which the public hearing would follow. Let the record indicate that the only person in attendance at the public hearing was Mr. Frantz. Following the introduction of the members and the outlining of the format, the Chairman then asked the petitioner to address the Board and explain to the Hoard the reasons for his seeking the relief requested. Mr. Frantz explained to the Board that he wished to add an addition containing a kitchen and bath facilities to his present home on 16 Simpson Circle, to accommodate his wife ' s parents who are elderly and in need of care. Mr. Frantz explained to the Board that the proposed addition would be well constructed, well designed and would serve to not only upgrade the value and appearance of his home, but also would serve to benefit the immediate area. Mr. Frantz then presented the Board with the required signatures of all the immediate abutters and indicated to the Board that none of the abutters had voiced objection to his proposed plans. The petitioner presented the Board with a deed and plot plan describing his property which exceeded 48,000 square feet. Mr . Frantz informed the Board that he had sufficient property available to him so as to construct the addition in such a way that the addition would not be visible from the street. iiFt-_i E BOARD OF APPEALS HEARING DE K `°l {f§436 8 Page -2- The Chairman at this point thanked the petitioner for his presentation and then informed the petitioner of the requirements under MGL Chapter 40A which must be present in order for a Board of Appeals in any community to grant a variance. Mr . LaRiviere also interjected information which supported the Chairman' s position. The Chairman inquired of the petitioner as to what hardship would be incurred if the Board was to deny the petitioner ' s request, and the petitioner stated that he would suffer no real hardship as he would be able to still construct an addition minus the kitchen unit and be in conformance with the existing by-law. At this point it was evident that all of the requirements necessary to the granting of a variance were not present and this information was stated to the petitioner . The Chairman further stated the Board 's reluctance to change the character of the street by the addition of a second housekeeping unit considering that the entire street is comprised of single family residences. At this point, the Chairman then asked if there were any persons in attendance who wished to speak in support of the petitioner 's request. There were none. The Chairman then asked if there were any persons in attendance who wished to speak in opposition to the petitioner 's request. Again, there were none. The Chairman then asked if the petitioner wished to make a final summation or closing statement, and the petitioner declined. The Chairman then explained to the petitioner the time frame under which the Board operates under and also, the mechanics of the twenty day appeal period for anyone aggrieved by a decision of the Board of Appeals and there being no questions or comments, the Chair declared the public hearing adjourned at 7: 45 P.M. RH ly ubmitted, Ri ' ere, Acting Clerk Minutes received: Dec. 17, 1986 Minutes typed% Dec. 18, 1996 Minutes to Mr. Theroux: Decision received: Decision typed : Decision to Mr . Theroux: Decision mailed: -77 BOARD OF APPEALS MEETING DECEMBER 230, 1986 A public meeting was held in the office of the Agawam Building Department on Tuesday, December 23 , 1986 at 8 :00 A.M. for the purpose of reviewing the above mentioned case and rendering a decision. The following are the results of this public meeting for Case #1186 for James B. and Karen P. Frantz . Mr . LaRiviere called the public meeting to order at 8:40 A.M. by calling for a review of the minutes of the case. Following the review of the minutes, a brief discussion regarding the facts of the case ensued. Mr. LaRiviere explained to the members of the Board that the petitioner needed the proposed addition to provide a degree of privacy for his in-laws. Mr. LaRiviere further stated that at the public hearing the Board members were pretty much in. agreement that the relief requested would be difficult, if not impossible to grant and the Board conveyed this message to the petitioner at that time. Mr. LaRiviere stated that nothing has occurred to alter that view. At this point, Mr. LaRiviere asked for comments and discussion. Both Mr . Hebert and Mr . Progulske concurred with Mr. LaRiviere. There being, no further discussion, Mr . LaRiviere then called for a vote of the members of the Board. Mr . Theodore Progulske, Chairman of the Board voted to deny the petitioner the relief requested.. Mr. Ronald Hebert also voted to deny the relief requested the petitioner, and Mr. LaRiviere voted also to deny, making the denial unanimous . There being no further business to come before the Board, Mr . LaRiviere declared the public meeting adjourned at 8 : 50 AM. . Resp tfu s mitted, Ronald La�ivi re Acting Clerk Minutes received: Dec. 31, 1986 Minutes typed: Jan. 28, 1987 Minutes to Mr . Theroux: £Z d 0E Or 185E r TOWN OF.AG*W MK MASSACHUSETTS 0 au TED�p pt irk,� af ApP@als o. ...... �1.� .............. �r gym,lUlass. Filed J ... ........ ...... s !q r- „ Bearing �.�ihJ.l. (a..l.`] !d� - 4.ro APPLICATION TO BOARD-OF APPEALS FOR VARIATION FROM THE REQUIREMENTS OF THE. ZONING BYLAW Applicant: ai1lfY�!~S..�:.r.VJ4-tVX;?-.FJ2xq itZ. Address: I�.��rn Application is hereby made for a variation from the requirements of Section......04 ..... paragraph...C:v.�...... of the Zoning Ordinance. Premises affected are (a) )mown as NUMBER .t(P..... ......Street; S 1 4A j).50V..C1/L(b) distant from the corner ofgt ti f-,. 1d............Street Tr y Description of Proposed Building Cp " r tt�� «� Existing... ...... xisting r�, 1. Size of building:... 7...........feet front: .t.+! ... . ......feet deep. Height: . ....stories: '.......... .feet. 2. Occupancy or Use: (of each floor)�nz X.1.4AC.04 +. A3 L. .................................... ..... .......Ln .... 3. Building Zone District: .["l<. 2...................... 4. Date of Erection: .............................. 5. Has there been a previous appeal, under zoning, on these premises: go.............. ................. 6. Description of lroposed work or use: 0...StJ.I�.G... ..�.�, .y. .. } �.4.42...E .� ............ KIT TVICi.R.. -Wii:t..b.C......... Fvk. .B1A QT4,kT.( +..W-. "-.b.a ......... ............................ ..............................I....................... 7. The principal reasons upon Which I.base my application are as ►wa..4341.r ..1Yi !+.u. .CQ +. I�rx��.+. 1�'}'��..Qcu e4]..R E +�T'.D�,.G�.14 ..!4 ........... xs-.R- Z,0&4+.t:ej......... ..Lli[R a............... ............................ ...................... ......... ., .. ,............. Signature of own •or his a • orixed Agent Notice:—This applica be filled out in ink or typewritten. 7 THIS SIDE TO BE FILLED OUT BY THE ASSESSORS OFFICE Following is a list of names and addresses of owners of the fee, of all property fronting on the same side of the street and which lies within 400 feet of each side of the land in question irrespective of street intersections, and the owners of the 8 properties in front and in the rear of the land in question: Names: ................................................ Addresses: .,.......................................... .................I............I................. ............................................. ................................................ . ... ........ ............................. ... ... ............................................. ................................................ .... .....................:..............L......... .......,..................................... ........... ..................... .., AV, � � TOWN OF AGAWAM OCT 19 `73 ��,, 3 MASSAC14USFTTS G g +o BOARD OF APPEALS J y" I1 DECISION OF BOARD OF APPEALS *r; , kl OFFICE Data_ October 10, 1973 Petition of -Uera d`F,riasco Promises affected 40 HQ=hBm�ame Case #SDO The Board reviewed the evidence presented at the Public Hearing held September 5, 1973 as well as observations noted during on site inspection by each Hoard Member and arrived at the following comIusions: The Chairrman and Board memsber, Mr. Zerra, voted to deny the variance request for the following reasons: (1) This relatively now street subdivision of 17 single family homes was eort- structed during 1967-1966 under the existing side lot requirements which have not changed to date. It is our opinion that to grant any side yard relief to the petitioner would rather substantially derogte.. froam the intent and purpose of the By-Laws in our second highest residential zoning classification. (2) It is also our opinion that there is not a severe case of hardship as the petitioner was well aware that he owned frontage of 1W feetp and further the home is situated 15 feet from the southerly lot line thus providing him with approxizateiy 32 feet of open space to the north ride where he could build the addition. He Will have to redesign the proposed garage and multi purpose room to fit into this space to conform with the By-Laws. Mr. Shaughnessy voted in favor of the variance for the following reasons: (1) Side yards in Residence A-2 allow for a minima of 15 feet between building and lot line or a total of 30 feet free air space between abutters. In this case, the allowing of a 6•-1/2 foot variance allows only a 8-1/2 foot aide yard; but due to the placement of the north abutter the allowance of 6-1/2 foot variance still leaves approximately 48-1/2 feet of free air space which is 184/2 fort more than the minimums allowed in this clans of zoning. Because of this, Xrr. Shaughnessy felt this would not derogate from the intent and purpose of the By-Laws. (2) The proposed addition would not injure the neighborhood, but would increase the value of the property and enhance the appearance of the neighborhood. The vote was Mr. Progulske and Mr. Zerra against the variance and Mr. Shaugbnessy for the variance. The van* denied. /v/I > in- ram /6/ r7 -3 jU• S 73 PM 'SOWN OF AGAWAM, MASSACH S� JUL191973W : - Board of Appeals PP � Agawam Bd.of Appeals Aga warn, Mass. D '% �� No. ....... .....f C111 1 f...., Filed ............ Hearing .......................... OF M- E APPLICATION TO BOARD OF APPEALS FOR VARIATION FROM THE REQUIREMENTS OF THE ZONING BYLAW Applicant: '........ Address: T. `�`�'`�• ��` ......... ... Application is hereby made for a variation from the requirements of Section................. Paragraph................. of the Zoning Ordinance. Premises affected are (a) known as NUMBER ..� .. ......Street,/�. " r(b) •••••s•••••••••feet distant from the corner of APq....Street Description of i; Building Ezfsting 1. Size of building:... .1�......felt front: .... ....... . .....feet deep. i Height: .��/.... .. stories: ...... ........ .feet. 2. Occupancy or Use: (of each floor) ....... �!' ...................... 3. Building Zone District: ... %.I':�.`...................... 4. Date of Erection. ....................................... 5. Has there been a previous appeal, under zom g, on these premises: .... .......... a. Description of proposed work or use. A Q'h ti.....� fJ •. •• •••�- 7. The principal reasons upon which I base my application are as folio , ...... .. ..y. �.•KE�.. .%� . ,,. e.� .. ............. •... ........ ..... ... ... ................ Signature of owner or his authorised Agent Notice:--This application must be.filled out in ink or typewritten. THIS SIDE TO BE FILLED OUT BY THE ASSESSORS OFFICE • Following is a.list of names and addresses of owners of the fee, of all property fronting on the same side of the street and which lies within 400 feet of each side of the land in question irrespective of street intersections, and the owners of the 3 properties in front and in the rear of the land#n question- Names: ................................................ Addresses: ............................................ ................................................ ............................................. .. ............. ......................... .......... ...................—.—........................ ' .JB04a 2L APMILS M=ING 7:30 P.M. Case 40 Horsham Pie Attending: T, A. Proguiske,. Ghaira�an J. Zsrra J. P. Shaunnessy The Board reviewed the evidence presented at the Public HmLring holed September Ss 1W3 as well as observations noted during an site inspection by each Board fiber and arrived at the following conclusions: The Chairaeaa and Board members Mr. Lerraj, voted to dery the variance reset for the following reeasonss (1) This relatively rwnt street subdivision of 17 single family home was con- structed during 1967-1968 under the existing s Ae lot requirommots which have not changed to date. at is our opinion tbat to grant any side yard relief to the potAtioner world rather a Peta Tally derogate tram the intent and purpose of the By-Laws in our second highest residential zoning classification. (2) It is also our opinion that there is not a severe case of hardship as the petitioner was well me-are that he awned frontage of 100 feat, and further the how in situated 15 feat frm the southerly lot line thus providing him with appmimately 32 foot of open spaco to the north side where he could build the addition. He will. have to reds the proposed garage and multi-purpose roam to fit into this opeco to conform With the By-Laws. Mr. Shaughnessy voted in favor of the varia=e: for the following reasomet (1) Side yards in Hesideeme, A-2 allow for a mI nImum of 15 feet been building and lot line or a total of 30 feet free air spacer between. abutters. In this case, the allotting of a 6-1/2 foot vulAme allows only a 8-1/2 foot side yard; but flue to the placere►nt of the north a,bhtter the allowance of 6-1/2 foot variance still leaves approximately 48-1,/2 feet of free air space: which is 18-1/2 feet more than the adnimum alloyed in this clams of soning. Buse of this, Mr. Shaughnessy felt this would wL derogate from the intent and p4ppo&e of the By-Lon. (2) The proposed addition would not in jum the need, but would increase the value of the property and enhance the appeareme of the neighborhood. The vote was Mr. Progul.ske•and Mr. Zerra against the 'vaariame and Mr. Sway for the variance. The variance is denied. The meeeUng adJewned at St00 P,M, Respectfully u tteds 4L . P. Shaughnessya Acting Clark Page 2 existing xonlM saes if it roraora to &Uws the zonstructitoos or a six wNWy apartment bailding an this property. The Board to*2o that the degree of hardship is primrily Belt ,wed " the petition or imew prime to ptiuvb asa that aw soulg ordinanaes thud all for ostructias of sit etar7 apartmat buildings in Agawam and further that a sae a w be pessary in order to build the apsr a. Therotwoo basod as all the facts premmted# the Beard of Appaklas bgr unwiumve T dadm the pstWawm request for a Special Ott or talawe from #aye caning bg-law.. � sube�ttade des Aatiag wit C} The following members attended the 8:00 P.M. Dings T. A. Pirogul.ske, Ghair=an Jury J. P. Acting wle* kk,n -- dRIM" F The hearing was opened at 8sp0 F.M. frith the reading of the legal notice as appeared in nawepaper.' Mr. Frasco represented himself at hearing. He stated he needed a 6-1/2 foot Variawo to add a 26 foot garage and 14 fob a4 ram. Mr. France said when house Was built it was. seat on lei so it could be added to. He also said that the reaavn for the addition was family graoinig asap sour op me was needed for family and storage. It variance not grard*ee s he would have to awe family. He also astrated that the land slopes 'too great in rear to buiM tharot A letter from W. Ju ys his abuttora was road and was in favor of the ;a riame. Mr. Frasco said e►ran With 6-1/2 foot rariame., there vMId Still be 491 foots 6 ita*hes of open air space between houses. Mr. Franco wms told board would take case under add. The Chair adjourned the meeting at 8:20 F.H. Razpeatfhly submit f a John P. 8haaghoossya Aati g 03=k Minutes received - October 5a 19" Ximrtes typed - 10/10/73 Minutes to mr. Caba - Decisicn 8oc;eivad -- Decision Typed- Decision Yam- Registered X%11- Decision to Mr. Cabo -• '.74 J`1f Li ze 4� TOWN QF AGAWAM, MASSACHUSETTS q " Board of.Appeals No. Filed Hearing Application to Board of Appeals for Permit as provided in the Zoning and other By-Lags. Applicant :;L72feA,, �oY ZcE Cv---Qk.Saar, Address g * x-O 48ri ac4 0� as — S A Application is hereby made for permit as provided by SeCtio.n sl�� o „rtA,�£ Paragraph of the By--Law. Premises affected are situated on _ !� Sta 1s,�r.x��E3� Street; Jf'4 feet distant from the corner ofa. i' Street and known as Number X-4 • s Street . Property is Zoned as s d Rix 41W- t w aCg A a FM COO TI N f ook s iat s c. Signature of owner or his authorised Agent Notice : This application must be filled out in ink or typewritten. THIS SIDE TO BE FILLED OUT BY THE ASSESSOR'S OFFICE Following is a list of names and addresses of owners of the fee, of all property fronting on the same side of Ae oktreet and which lies within 400 feet of each side of the land in question irrespective of street intersections, and the owners of the 3 properties in front and in the rear of the land in question: Namea: ..................................................................................... Addresses: .................................. .......... .............I....................................................................... ...................................... .........................,+._..........,.. ...................................................................................... ...................................I .............,...................... .} , .u.v ? 17 9 c� BOARD OF AP��LS HEARING - March 6 T ERK OFFICE The following members attended the 7:30 P.M. heNUAR 13 Pik 1: 26 Theodore A. Progulske, Chairman Ronald Hebert, Acting Vice Chairman Ronald LaRiviere, Acting Clerk A peal of Fiore Fusco 49-51 James Avenue Case 4115 The following are the official minutes of the Agawam Board of Appeals in the case of Fiore Fusco, (Case #21152) whose public hearing was held in the Annex Building of the Agawam Town Hall on Thursday, March 6, 1986 at 7:30 P.M. The Chairman opened the public hearing at 7:30 P.M4. by reading the legal ad as it appeared in the local newspapers. There being no comment as to the content of the legal ad, the Chairman then introduced the members of the Board of Appeals who would be sitting in attendance at tonight's hearing. The Chair at this point explained the procedure which the Board of Appeals follows in conducting its hearings. The Chair explained that the petitioner would be allowed to address the Board, whose members might from time to time, ask questions of the petitioners for their enlightenment. The Chair would then allow anyone in attendance who wished : J to speak on behalf of the petitioner to do so. Then the same courtesy would be allowed anyone in opposition to the petitioners request. Following the statements of support and opposition, the Chair would then allow the petitioner the opportunity for a final summation. There being no comment or questions regarding the format, the Chair then asked the petitioner to come forward and address the Board and explain his reason for seeking the Special Permit requested. Diane Miller of 128 Karen Lynn Circle stated that she would be speaking on behalf of Mr. Fiore Fusco in this petitions. Ms. Miller presented the Board with a plan of lots dated ' September 1922, prepared by Merrill and Sears Civil Engineers of Springfield, Mass. This plan of lots is the only document available to the Board for reference. In her presentation, Pals. Miller informed the Board that Mr. Fusco owns Lots 7#-'30 and #31 on the above plan, Lots #30 and 4'31 fronting on James Street for a total of 50' in frontage. The petitioner wishes to build a duplex unit on the combined two lots on James Street and is seeking relief from both the frontage requirements and the side lot requirements to allow the unit to be built. Ms. Miller stated that the land is worthless in its present size and that to deny Mr. Fusco the ability to build upon it would create a hardship to him as it would in fact deny him reasonable use of his property. Also Ms. Miller stated that in its present state, the land on James Street is currently worthless. In her presentation Ms. Miller also presented to the Board a TOWN OFFICE BOARD OF APPEALS HFARINU March ELK gS. - Page 2 - G86 MAR 13 PIS I- M revised application indicating that the petitioner seeks to alter the request for a variance from the side lot requirements from 7' to 11 ' on one side only, thereby meeting the minimum requirements on the other side. As indicated the Chair questioned the legality of the lots in question and further mentioned that the documentation presented the Board was somewhat clouded and very unclear. He further suggested that a full title- search may have to be done to determine validity. The Board voiced concern over the possibility of duplex housing being located in and amongst an area comprised of single family homes and felt that perhaps such a transition would alter the character of the neighborhood and would not be in the best interest of the community. Board member LaRiviere did explain on two occasions the conditions which need be present in order for a Board to grant a variance. Following a few brief questions of a general nature the Chair then asked if there were any persons in attendance who might wish to speak on behalf of the petitioner's request. fr. Frank DePergola, 32 Winthrop Street, Springfield, Mass. and Mrs. Dolores Wagner, 105 Granger Drive in Feeding Hills, Mass. asked to be recorded in favor of the petitioner's request. The Chair then asked that anyone in opposition to the petitioner's request so state and have their names recorded in the record. The following persons spoke briefly in opposition to the petitioner's request. Mrs. James Rachelle, 363 Meadow Street, Agawam, Massachusetts; Mr. Arnold Lovely, 18 James Avenue, Agawam; Mr. Michael Grasso, Meadow Street, Agatram, and Mrs. Arnold Lovely, 18 James Avenue, Agawam, Mass. All of the above expressed their concern over having duplex crowded onto undersized lots, thereby creating an unsightly area and further reducing their own property value. In response to a question from Mr. Grasso regarding who represents the people, 1-4r. LaRiviere advised Mr. Grasso and all in attendance that there are certain rights and avenues open to the citizenry with regards to zone changes and modifications. He suggested that if the people in this room feel strongly about protecting the area, they should petition the Planning Board and seek advice from either the Planning Board or the Town Planner. Mr. LaRiviere also commented that when the council met recently to discuss planned revisions suggested by the Planning Board, there were virtually no persons in attendance. The Chairman stated that it would be very difficult for the Board ,. to grant a favorable request to the petitioner as the law is specific as to the conditions necessary for the granting of a variance and then explained the conditions necessary as stated in Chapter 4OA. The Chairman felt that the land enjoyed no unusual topographical irregularities and that to grant such a request BOARD OF APPEALS HEARM March 6, 1986 - Page 3 - would be a gross derogation from the intent and purpose of the original zoning bylaw. The Chairman did explain the requirements %:hick exist today. in Residence B Zoning areas, such requirements being 100' frontage, 12,000 square feet in the lot and the requirement for 151 side lots. The question of grandfathering was asked by the petitioners and the Chairman explained the grandfathering process. Also the Chairman did mention at this point that even if there was sufficient reason to grant the variance request from the frontage requirements, the very serious question of side lots would remain and that would also present serious problems to the Board in terms of safety and asthetics. The Chairman then allowed the petitioner an opportunity for a final summation. At this point the Chairman then explained the Board has seventy five days from the date of the filing of the application to render its decision and record it with the Town Clerk. Once that decision is recorded anyone who would be aggrieved by the decision of the Board in this matter has the right within twenty days of the recording of the decision to seek legal counsel and appeal the Board's decision. The Chairman then thanked all in attendance for their interest and cooperation and he declared the public hearing adjourned at 8:13 P.M. These minutes respectfully submitted by Ronald LaRiviere, Acting Clerk, Agawam Board of Appeals. Res ect ly ours, n Ro ald Pi ' ere Ac ing er Minutes received; Isar. 10, 1986 Minutes typed: Tsar. 11, 1986 Minutes to Mr. Theroux: Decision received: , Decision typed: Decision to I-Ir. Theroux ,- Decision mailed: 3� y.C:) Y... C,-; r TOWN CLERK OFFICE A;U�AMI, mf,�SS. M6 APR -8 BOARD OF APPEALS HEARING March 6, i The following members attended the 8 : 00 P.M. hearing: Theodore A. Progulske, Chairman Ronald LaRiviere, vice chairman. Ronald Hebert, Clerk Appeal of Fiore Fusco 27-29 James Avenue Case #1151 The Board of Appeals conducted a public hearing on Thursday? March 6, 1986 at 8 : 00 P.M. o'clock to all parties interested in the appeal of Fiore Fusco who is seeking relief from Section 20 Paragraph 32 of the Zoning Ordinances to allow the construction of a duplex residence on a lot with less than the required frontage and area identified as 27-29 James Avenue. The hearing was called to order at 8 : 20 P.M. by Chairman Progulske, (as a result of the first hearing running over ) who began the hearing with reading the published legal notice, introducing the members in attendance and by outlining the rules and procedures the Board uses when conducting a public hearing. Ms Diane Miller of 128 Karen Lynn Circle, Feeding HIlls represented the petitioner and explained to the Board that Mr. Fusco is proposing to build a duplex on the lot . She noted that all other conditions of the Zoning Ordinances would be abided by, Chairman Progulske noted that since the petitioner ' s deed was dated and recorded February 21, 1955 it enjoyed the conditions in effect at the time it was recorded. Mr. Progulske further explained that if the deed was recorded some three weeks later in March 1955, the 75 ' x 133 ' foot lot would not be a legal building lot since the Zoning By- Laws were amended March 1955. At this point in the hearing Chairman Progulske opened the floor to anyone who wished to speak on behalf of the petitioner . Delores Wagner of 105 Granger St, cited that she is in favor of the petitioner ' s request . Mrs. Marlene J. Lovely of 18 James Ave, noted she was not in favor of the petitioner ' s request, but she had some questions. She wondered whether this lot could be split up anymore, also how the duplex would be facing on the lot , and finally she requested the dates when the Zoning Ordinances were amended? r '11WN CLERK OFFICE AGAWAM, MASS. 1986 APR -8 FW 1: SS BOARD OF APPEALS HEARING March 6 , 1986 Page -2- Board member Ronald Hebert explained a set of conditions which must be met in order to create another lot . Hebert further noted the case and situation which arose in Westfield where a Westfield resident, petitioned the Board of Appeals and requested a variance because he intended to sell most of his land to a builder . The remaining lot would not be a legal size lot . The Board denied the request . The petitioner then turned around and sold the land anyway. The situation now will be resolvedd in court, since the Westfield Board of Appeals now wants the house torn down and the owner fined. Diane Miller noted that the proposed Duplex would be facing front on the lot . The Board outlined the dates of the zone changes down through the history of the Town of Agawam. Chairman Progulske questioned whether it was the petitioner ' s intent to keep the duplex once constructed or whether it was his intent to sell it. The petitioner noted it was his intent to sell the duplex. Mr . Grasso of 364 Meadow St . noted the only reason the petitioner is coming before the board, is to get a variance in order to build a duplex and make more money rather than build a single family home. Vice Chairman Ronald LaRiviere explained the Zoning Ordinances for a Residence B District and noted that whether a single family home or a duplex is constructed does not make a difference. Chairman Progulske than opened the floor for anyone who wished to express their opposition to the petitioner 's request . Mr . & Mrs. Grasso of 364 Meadow St. noted their opposition for the record. Mr. & Mrs. Felix Rachele of 386 Meadow St. cited their opposition. Mrs. Ann Zarlengo of 36 James Ave. , Mrs . Judith Losito of 374 Meadow St . and Arnold & Marlene J. Lovely of 18 James Ave. all expressed their opposition to the petitioner 's request. TOWN CLERK OFFICE AGAWAM, MASS. W APR -8 PIS 1: 55 BOARD OF APPEALS HEARING March 6, 1986 Page -3- The hearing was closed at 8 : 41 P.M. by Chairman Progulske who cited the legal requirements and time limits which a Board of Appeals must abide by in rendering a decision. Mr. Progulske also outlined the appeal process available to anyone who may not agree with the Board' s decision. Respcetfully yours, ;?�acx� Ronald Hebert Clerk Minutes received: April 1 , 1986 Minutes typed: April 1, 1986 Minutes to Mr . Theroux : Decision received: Decision to Mr . . Theroux: Decision mailed : F a q TOWN OF AGAWAM MASSACHUSP-17SUWN C40 BBARB OF APPW#R 22 TM 4:4 ��MP DECISION OF BOARD OF APPEALS Date ADr;1 14,, 1 q R6 Petition of Mr. Fiore Fusco Premises affected 27-29 James Avenue Case #1151 The Agawam Board of Appeals held a public hearing in the Annex Building of the Agawam Town Hall on Thursday, March 6, 1986 at 8 :00 P .M . for all parties interested in the appeal of Mr . Fiore Fusco who is seeking relief from Section 20 Paragraph 32 of the Agawam boning Ordinances to allow the construction of a duplex housing unit on a lot with less than the required frontage and area on the premises identified as 27-29 .Tames Avenue . A review of the facts presented at the above hearing allowed the Board to conclude the following. The property in question, 27-29 James Avenue is located in an area or town currently zoned Residence B. The current Zoning Requirements in this zoning area call for a minimum frontage of one hundred feet on the street and a minimum lot area of twelve thousand square feet. Mr . Fusco presented the Board with a deed indicating his ownership of a parcel with the dimensions of seventy five feet by one hundred and thirty three feet for a total of ninety nine hundred and seventy five square feet . In arriving at its decision, the Board took note of Chapter 40A, Section 6 , M.G.L. which states as follows : "Any increase in area, frontage, width, yard or depth requirements of a Zoning Ordinance or By-Law shall not apply to a lot for single or two family residential use which at the time of recording or endorsement , whichever occured first, was not held in common ownership with any adjoining land, conformed to the then existing requirements, and had less than the proposed requirements but at least five thousand square feet of area and fifty feet of frontage. " In searching the deed presented to this Board during the course of the public heaving, the Board noted that the deed conveying the property to Mr . Fusco was dated February 21, 1955. FA q TOWN OF AGAWAM MASSACHUSETTB WN C _EF" OFFICE BEARD OF APP ��'_22 AN ID 14 �gTED spy DECISION OF BOARD OF APPEALS Date April 14, 1986 Petition of Mr. Fiore Fusco Premises Aected 27-29 James Avenue Case #1151 --Page 2- There were no minimum requirements for frontage and area in effect at the time of the recording of Mr . Fusco' s deed. Further research indicates that the minimum requirements for frontage and area were not adopted until March 11, 1955 at which time minimums of eighty foot frontage and ninety six hundred square feet were adopted. Clearly, Mr . Fusco ' s deed predates these minimums and as such, Mr . Fusco is entitled to separate lot protection as defined in Chapter 40A Section 6 M.G.L. Further, it is the opinion of this Board that this research clarifies the use of this lot for appropriate residential use as allowed by the Zoning Ordinance. It is the unanimous opinion of this Board that the petitioner can receive the required building permit without further Board action. 41141 Z/ l& : FA TOWN OF AGAWAM -- _ -� MASSACHUSETTS TOWN CLERK OFFICE AGAWAM, MASS. BOARD OF APPEAL % AP R I I AN 0 39 o���RATED MPy� DECISION OF BOARD OF APPEALS 4072 Date April 8, 1986 Petition of Fiore Fusco Premises affected _ 49-91- dames Avenue rase #11S? - The Board of Appeals held a public hearing in the Annex Building of the Agawam Town Hall on Thursday, March 6, 1986 at 7 : 30 P.M. o' clock to hear the appeal of Mr . Fiore Fusco who is seeking relief from Section 20 Paragraph 32 of the Agawam Zoning Ordinances to allow the construction of a two family residence on a lot with less than the required frontage and area, such premises identified as 49-51 James Avenue. A review of all of the facts presented at the above public hearing allowed the Board to conclude the following: 1 . The premises in question, 49-51 James Avenue is located in a section of Agawam currently zoned Residence A-3 . 2. Section 20 , Paragraph 32 of the Agawam Zoning Ordinance requires that each lot shall have a frontage of not less than one hundred ( 100 ' ) feet on a street , nor have an area of less than twelve thousand (12, 000 ) square feet. 3. Mr. Fusco presented the Board with a deed indicating that he owns the parcel of land for which he seeks relief. Such parcel having the following dimensions : Fifty Feet by One Hundred ` and Thirty Three Feet . This being the same parcel as being recorded in the H.C.R.D. Book 2008 ; Page 574 . In this__case, ..when....we apply the._ conditions of _Chapter 40A Section 6 M.G.L. we find that Mr. Fusco does not enjoy the separate lot protection as defined. The ordinances establishing a minimum lot frontage of eighty feet and a minimum square footage of ninety six hundred square feet was adopted on March 11, 1955. The date of the recording of the petitioner 's deed was May 29, 1956 and therefore out of the protection of Section 6 of Chapter 40A. FA TOWN OF AGAWAM MASSACNUSUTS TOWN CLERK OFFICE AI; wA;,4. t�f4_SS. BOARD OF APPENIQ APR I I AN 0 39 z DECISION OF BOARD OF APPEALS Rq�p M Date April. 8, 1985 Petition of Fiore Fusco Premises affected 49-51 .Tames Avenue Case #1152 -Page 2-- In as much as it has been determined that the petitioner 's lot does not conform to current zoning requirements, and therefore will require a variance in order for the petitioner to build upon it, it becomes necessary for the petitioner to satisfy the three requirements which Chapter 40A, Section 10 M.G.L. says must be present in order for the Board to grant the petitioner the relief requested. Chapter 40A. Section 10, M.G.L. states that in order for the Board of Appeals to grant a variance it must be proven by the petitioner that the relief requested is not in conflict with the intent of the original Zoning Ordinance. Secondly, any relief granted by the Board must not in any way negatively impact the immediate neighborhood nor be injurious to the health and welfare of the residents of both the neighborhood and the Town of Agawam. Finally, it must be proven by the petitioner that if he were to be forced to conform to the Zoning Ordinance it would create upon him a substantial hardship. It should be noted here that the .hardship must be unique to the property in question. The desire for a larger, more advantageous use of the petitioner ' s property for financial benefit is not sufficient grounds upon which to base a hardship plea. In applying the above criteria to' this case, the Board feels _ that the petitioner has . not satisfied the.. Board with regards_........ to all of the above. It is the opinion of this Board that the original intent of the ordinance as written was to provide sufficient open space and prevent serious overcrowding. The establishment of a one hundred foot frontage and a minimum area of twelve thousand square feet per lot is consistent with this intent. F AQq TOWN OF AGAWAM MASSACHUSETTS TUWN CLERIC OFFICE AGAWAM. BOARD OF APPEA1986 AP8 1 1 AM ID 3 DECISION OF BOARD OF APPEALS 14 TED Date April 8, 1986 Petition of_ Finre F1jrrn Promises affected 49-51 James Avenue Case #1152 -Page 3- The street in question, James Avenue, is an area that contains a mixture of residential homes and apartment complexes . The roadway itself is very narrow and unpaved, and serves the few existing homes of residents of James Avenue. While several of the homes in the area are located on lots smaller than now required, they were constructed prior to current minimum requirements . To regress backwards and allow the construction of a duplex unit on a fifty foot lot purely for economic reasons would in the Boards view be a gross violation of the Boards authority and not in the best interest of the residents of the immediate area. Finally, in this instance the issue of hardship has not in the Boards view been clearly defined. While understanding that due to its size, the lot cannot be utilized for building a duplex residence, it is not landlocked, does front on an established roadway and could possibly be sold to an abutter who may wish to enlarge his property. In as much as Chapter 40A Section 10 M.G.L. specifically states that "failure of the petitioner to satisfy all of the three requirements is fatal to the granting of a variance" this Board votes unanimously to deny the petitioner the relief requested. V, e1114186 r TOWN CLERK( OFFICE AGAWAM, MASSAC • M F�� ASS. Board of Appeals �J86 FEB 1 I PH 1: Z N ci Appe3is o. ....... ......1.. ..........p r wa:r=rriassv 3 r 4 Filed ........ ...... searing ..3.�.�P... ..°.. APPLICATION TO BOARD OF APPEALS FOR VARIATION FROM THE REQUIREMENTS OF THE ZONING BYLAW Applicant: ...l.10(-4......rU'SGQ.................. Address: ...,�. T.2narjbfc.. ...... ��fS Application is hereby made for a variation from the requirements of Section.....fir/....... Paragraph.. of the Zoning Ordinance. � 7-- Premises affected are (a) known as NUMBER 30-:"-�aStreet; ja f2S.0......feet distant from the corner of .............................Street Description of ; Building��=X Existing f 1. Size of building:......3&........feet front: .....QY'. ......feet deep. Height: ......... ........stories: ...1r/�r....... .fee_t. I l 2. Occupancy or Use: (of each floor) �.�i .}�.4�...R .f 4��nl.Q.r... .1� I� .. .......•...••.•...•. 3. Building Zone District. .98.................... 4. Date of Erection: .... ' ........................... 5. Has there been a previous appeal, under zoning, I o/n these premises: .........,,./......I........ .... r .... 6. Description of proposed work or use: ....(C U 1.14 l 1) ..C7..r.c�L[.[ /7. 1Q�..G�LI.�,I X•..hu 1.'Iffy .. ....... .. .......................................................................................................................... ....... ........................................................... ..............................I........................ 7. The principal reasons upon which I base my application are as follows: ..�1:�5 1�. ! ..fl.(.(��7. ....... .�zeS..aucna n .wc..re-LIA'I—s�..a...uC-�riaxiC�...... . .6C...�b uI l.�..on...... ... c1� ....a....lao..`.. '� �rS.... ... ..f 1.5..pa.raC: . . '..-:gno!.ls... �6c......... zr pr..o.6l.r,,d..on...arcor..6.r,,�rr�� .---ao .. I-S...�c�r.l. /�.r� ................ ................................V.............................................. .................... Signature of owner or hie authorised Agemt Notice:This application must be filled out in ink or typewritten. 1 ' w THIS SIDE TO BE FILLED OUT BY THE ASSESSOR'S OFFICE Following is a list of names and addresses of owners of the fee, of all property fronting on the same side of the street and which lies within 400 feet of each side of the land in question irrespective of street intersections, and the owners of the 3 properties in front and in the rear of the land in question: Names: ................................................ Addresses: ............................................ ................................................ ............................................. TOWN CL c7R OFF TOW OF AGAWAM,Wkd� oars app 22 FEE u No. ......f.� .............. p �CV6Ya:)?,i1JK7�ueal4 Filed ....D..a. ...... �5. y Hearing .. .:.�..� ........ 3OP A. c� APPLICATION TO BOARD OF APPEALS FOR VARIATION FROM THE REQUIREMENTS OF THE ZONING BYLAW Applicant: ....I."'.I.O.rc.t:a SG'a........................ Address: ,SIC T..l d............ Application is hereby made for a variation from the requirements of Section....2.-O....... Paragraph... .. • •• of the Zoning Ordinance. 4q-# r Premises affected are (a) known as NUMBER .t38.f:c 7:....Street; ••.•••.feet distant from the corner of —.Z'72C0.d0.(d,).............Street Description of l�s Building C(Up�(✓� Existing 1. Size of building:..... (..........feet front: .. ... ......feet deep. Height: ....stories: ..../._............ .feet. �J / 2. Occupancy or Use: (of each floor) .. 1. C? ! .I' S C��n IC? ...Gk up.l 1:f.x..................••....•..... 3. Building Zone District: .... ...................... 4. Date of Erection: ... ���p........................... 5. Has there been a previous appeal, under zoning, on these premises: ..AJC?............................................... d. Description of proposed work or use: hQL..du p le)L..61.i:G L4/I ............. ............................................... ................................ ................,..... .............. .......................................................................................................................... ...................................................................................................................... ......................................................................... . ............. .................... 7. The principal reasons upon which I base my application are as follows: s�n.fl ..fh.C-. .0...Sp.`..X. ...Tame ..avenU .... i d ..t- .�l�.C?:.�t�n7�i �-.,t..J..�r.�.rA���-.�.a�.S�.Y.��?'�4�'�,rt..l..�"�1�..�.S�Q/Y.1�.. ��lS..l�Gl�►�1�........ .......... ran............ ...5: 1.. . it���. .. ..f?.�..�.(l.C� •.... l.S ......... rr .b ............................................. ............................... ....................................................................................•.•... ... �••`.•1i•.••:.... • ................. Signature of owner or his authorised Agent Notice:--This application must be filled out in ink or typewritten. THIS SIDE TO BE FILLED OUT BY THE ASSESSORS OFFICE Following is a list of names and addresses of owners of the fee, of all property fronting on the same side of the street and which lies within 400 feet of each side of the land in question irrespective of street intersections, and the owners of the 8 properties in front and in the rear of the land in question: Names: ................................................ Addresses: ............................................ ................... ............................................. ................................................ . ............................. ..................I..................I.......... ............................................. ................... ............................................. Fusion Labs F 1044 �,= w TOWN OF AGAWAM y 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 4TE0 MP Tel. 413-78"400 Jan. 30, 1974 Mr. Edward Caba, Town. Clerk Agawam, Mass. Re: Fusion labs Form A #1044 Dear Mr. Caba: The Planning Board endorsed plans for the above Fora A for property on Shoemaker Lane on January 29, 1974- Very tru4 yours, Chairman g/1 A 3 0 '74 AN � ( ;0 `3 AGLMAM 5� Y 7ClY T4 0FfIGF- FORMA Fusion Labs -� • APPLICATION FOR END'ORSENET OF PLAN BELMYM NOT TO REQUIRE IPPROVAL Fite one completed form with the Planning Board and one copy, with the Town Clerk in aeoordanee with the requirements of Section H B. Agawam, Mass. . . J411144XY.5,... 19.74... To the Planar Board: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not cionsttitute a subdivision within the meaning of the Subdivision Control Law; herewith submits said plan fibr a determination and endorsement that Planning Board approval under the Subdivision Control Lair is not regnire8. 1. NameofApplieant . ... . .................... . . Address 120 Shoemaker, Lane,,. Agawam,, Mass,. , QUO1,,,,,,,,,, ,,, ,,, , 2. Name of FaWineer or Surveyor . ..Alftgd,A,. Mejien,..J)r $..R%L...$... .................. Address . . . . ..... . .East . Longmeadow,,,Mass..... .. . . . . .......... . .. . I Deed of graperty recorded in . H4m.PdA4..QQtMt'Y..48i'str.x.Qf.JDACCIS....... R &try, Book . . .319 7.. ... .. . ... Page ... .3,08. . .... . . .. ....... ..... .................. . also 3878 Pages 10 and 11, executed Oct. 4, 1973, Recd. at Reg. Nov. 14, 1973 4. Location sad Description of Property: A tract of land located on the north side of Shoemaker Lane., Agawam, Massachusetts. Bounded as follows: southerly by Shoemaker Lane, westerly and southerly by land NIF of one klimat, westerly by land of Tad Realty, northerly and easterly by land N/F of one Moses L. Bowers, southerly by land N/F. of Western Mass . Electric Co. and Burd Mfg. Co. , easterly by Burd Mfg. Co. to Shoemaker Lane. Said tract containing two parcels known as parcel "A" and parcel "B", containing a total of 7.47 acres. JAN 2 7 '74 PM J it, Flfr•, 2 P 9 Signature of-owner ... .... ' ,. . rr+'VN CLERK'S OFFRA_ Address . ...........krA�. . 4 ' APPLICATION FOR ENDURSMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File one. completed form with the Planning Board and one copy with thA Town Clerk in accordance with the requirements of Section 1.1-B. Agawam, Mass. JXRx;4L `Y..5,. . 19.74. . To the Planning Board: The undersigned, believing that the accompanying plan of has property in the Town of Agawam . does not oonatitute a subdivision within the meaning of the -Subdivision Control Law, herewith submits said plan fibr a determination and endorsement that Planning Board approval under the Subdivision Control Law. is not required. 1. Name of Applicant Pt.9DIK.CArR ....................... . Address 120 ,Shoemaker Lane,, Agawam,,Mass,., ,0l00l.................. . 2. Name of Engineer or Surveyor . ..AI XIO,A, . Ne ji oA...Jx, ,..R, ................ .. . Address . . . . . . . .East ,Longmeadaw,,, Mass........................... ..... . 3. Deed ofTwoperty recorded in ........ Registryp Book . ..3197.. ... . .. ... Page .. ..308.. . .... ... ... ... . .. ,also 3878 Pages 10 and 11, executed Oct. 4, 1973, Recd. at Reg. Nov. 14, 1973 4. Location and Description of Property: A tract of land located on the north side of Shoemaker Lane, Agawam, Massachusetts. Bounded. as follows : southerly by Shoemaker Lane, westerly and :.. southerly by land N/F of one klimat, westerly by land of Tad Realty, northerly and easterly by land. N/F of one Moses L. Bowers, southerly by land N/F: of Western. Mass . Electric Co. 'and Burd Mfg. Co. , ' . easterly by Burd Mfg. Co. to Shoemaker Lane. Said tract containing two parcels known as parcel "A" and parcel "B", containing a total of 7.47 acres. As .2 '74 PM vq 4 fill, `1LQ?/.1:�'' 1�`� Signature of owner . . I('rFFAddress . ....... .......... ....