Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
JOBAR ENTERPRISES
JOBAR ENTERPRISES � � w' (Grasso) di m z • i _ ••*\VVI • i m { i • JA% 14 '70 PM i . 1OWN OF AGAWAM Sam OF APPULS lT. 0660* 270 1969 6 q o f Page 2 ft lam shall be',rested Brass the area before of (8) A.** aW aft We (5) P.X. dam through Saturday. So loom shall be removed frog the premiers on sun*" or legal H0114 e. 8: s the peridt shall, at become operative uvU I tow Hui3 g UwWW has prwf that; the petitioner ban tiled with the Tom Clerk of Us Tom of Agate a -Sum" Band in a tat amsptabIa to "Id Cherk in the e=mat of Five► Tbmmwmd ($5*000) ""lain. t dew BAterporisos, Ina. Cow #691 ,.4 1. Thopbruit. shall, not booms q*=tive until Us RuLldb* I=%wotw sboll boAzoiabod with a copy at an ardor of apprenral fna Uw Ccadadono r than Department of ft-tural Resources, h of X&OWMhusette as required endear Chapter 131, bear 40 of the Geaesal, Laws. 2. The perjedt will be for a period rat to ee ned ,five (5) yeare fie the dates of the decision. 3. The Petitimer shall provide adequate lateral awwt alea all ~AY lines sin to petitiea er asd abutters to prefect Und of sidd abutted from esorasion, wbwe nmws&r7- S=b parotectivs praisift tee bs atpptawad br Acting Repeater before a zW top sall is removed in am of s&Ld eraearea Property lirrerr. 4. The traecporta►tion of removed material shall be b© VSans of the 804&Lled *Dumpr = ad ns7. 5. No wteriral shalt be remained fps the arsw beatvrse a (8) A.K. aw after tirre (5) P.M. XGUI&Y thrWo S&tua ►. 80 dal Mall be Ord from the promises on Srdays or legal ho days. 6. Again# the purr t sban not booms operative =W1 the DdIdS Iwp wtw has p mef that the petiti=wr hear find vift& the Tom Clark of the fawn of Ag w�amawt ( and in as to s Clstk In the � at The meUM and jonaa at 1. 05 A.M. Reep�3,lf autt J. P. Xo*Ww% Jr.sAcUft SOUVW7 }� 14 '70 PM 'OWN OF AGAWAM vnWN ry FPK',� ni:F4f:F t �9 TOWN Or- M-5MIYAM DqD/1EE SPIT RI PEA Is DECISION ar- aA OF APlALS k_ Date ,January 6, 1970: 4._ . Petition of JcLar ,,,nLerprlf3 Inc Premises affected: Ag i k a •.si i-a:-o a 1. The ermit a]-aLl not beco;c:e opez-cttiVe, until the Bizildin * Ins 'eetor` shad b(,-` i' rr>ishrd it In a copy of an order. ofs.l�proval fron, the Co:r¢rfa:ssaor�er of �� y G C she 1 epartlrlrrit. o�' '�,a .ural ilosourcesip IaCN(JIiun--aca.1t.h of Aas sac hur,ett:s as :required � r` A und or. (hat ;,-er U1, Section 1;0 of the `,encrai j.,iw3. . 2, ' `The permit will be for .a period not to exceed five :(5) years from.the.. . � date of this dcc is.iorr, 3, the netitorer shall prrnide ad4:eun.te lst�ral uuppert a]gn�; all propertg " 4 its 1_ines corrn,c,n .to petitior::er. .and` abut;t=;r:a to ,)rotect land of, said. abutters ..frc.-R f erosion, wherry neces.;-Ir•y, pr(Accti_ve r;rovisi.on to 'DC an r,roveci rby Builc3irig $ mpector before any tcp soil .is re:n : `ed in area of said comrpon :)rooer-ty lines, 4. The transpo,tati•on ofremic ved material shall, be by means of. the " .�v—caJlvd DuzT)" road only. 5e No inaierial sha.11'be removed fr(m trc area before': eight (8) A,M.. nor after five (5;' �,_ c r:day throng 7 .5atort a; , o material shall be rnrnaved froral G s the prerrdses on 5unf�afs or le -al halm ay.5, 6, ."gain the =it Snal, not ;;etc r� a perative until the Building , T11s^.PCLOT' ,2_S TKO; rl t t the, r;r'stltlCnCC ha7, s.l rC1 filth the Tal^71l vIGrk . Of the ' f Tuv.n of 1`;C8.V7am.. a."'u eTy o nd. in a form, acce,`,Aablc to said C 1 erk irl the, amount of „' r Five Thousand �,`)-'0 doll-arc �.. T E i�t R . F aQq� TOWN OF AGAWAM --= - MASSACNUSETTS z +t BOARD OF APPEALS DECISION OF BOARD OF APPE ALS Date ;NmWM �. Petition of_ Jobar_1ht!;39!ffieey I00, Premises affected Agaw= Kead0& Case #691 The tpetition of Jobar Ent�ses* Inc. requested a special 7persit under Section 16 (g) o 1� onim By-Lum t4 the rewval of nU frin the property located in Agawam Yleadows. At a public hearing held September 22, 1969, the petitioner# represented by Frank Grasso# outlined an a property plan the area approximating twenty—five (23) acres, containing top soil that might be classed as "peat mose". It was further explained that rain (6) to eight (8) acres of the said t f-,five awes will be used as an extension to the Town Disposal Area. The present top soil (heat moss) is not granular enough to be used for laud till putposes. The Board recognised that if the top sail is not removed to enable the petiticaw to get to the usable full that can be used for "dump eover"s the petitioner will suffer a hardship. At executive sessions held September 22, 1969 and December 27, 1969 the Hoard revi.e w d thoroughly the evidence presented at said public hearing. The Board noted that the petitioner Intends eventua 4 to raise the grade of the load in question k the application of "land fill" methods to an elevation of 65 feet above sea level. The Board cannot foresee )rr the remwml of fill in this area would affect the public good negatively as the area involved is coned a IndustrUL�A". Further, the Board need the possibility of the area being classed as either "wetlands" or "inland waters" and therefore subJect to the so-called "Hatch Act" of the Ca mammalth of Massachusetts. the Acting Chairman of the Berard addressed a letter to the Department of Natural Resourses, Ccmmorsrsalth of Iwsachusette under date of Deeember 3, 1969 requesting a farmah statement of the Departwnt'a stand In the matter. An of this date no arnwer has been received. The Board also noted the petitioner was agreeable to accepting a tiros limitation m the removal of top soil, it granted a special permit to do so. Therefore, an the basis of its thorough consideration of all the faattors in this case the Board of Appeals unanimously grants a special permit for the removal of top loll as petitioned, subject to the following liml ationst I 1� FA TOWN OF AGAWAM MASSACNUSETTS BOARD OF APPEALS ATE MP DECISION OF BOARD OF APPEALS Date JandarY 6f 1970 Petition of Jobar Enterprises# Im. Premises affected Ajppw8* owl Case #691 Page 2 1. The pegradt. shall not become operative until the Building Inspector shall be furnished with a Dopy of an order of approval from the Co missioner of the Departemnt of Natural. Resources* Camonwealth of Massachusetts as required urAor Chapter 131s Section 40 of the General Laws. 2. The permit will be for a period not to exased five (5) Yom from the date of thin decision. 3. The petitioner shall provide adequate lateral support alwB all property lines aosmon to petitioner and abutters to protect land of said abuttwo Pram erasion„ where racessary, Such protective provision to be approved by Building Irspecetor before W top soil is removed in area of said aamon proparty lines. 4, The trarwportation of removed material shall be by means of the pro-oall.ed "DuW road only. g. No materirl shall be rued from the area before eight (8) A.M. nor after five (3) P.M. Ykaday through Saturday. No material shall be removed from the premises an Sundays or legal holidays. 6, Again,$ the permit shall not become operative until the Banding Inspector has proof that the petitioner has filed with the Teem C&o* of the Torn gf Agawsea a Surety Bond in a foam acceptable to said Clark is the amount of Five The and ($p5.0000) dollars. � � � � Err air � � 9' � =� SJ 1� TOWN OF ACAWAM TOWN CLERK'S OFFICE iO= OF APPS= MWM September 22* 19A9 The fdU wing aeebers attended tho gt55 PjLwrings T, i• Progulakea Aating A. P. ibslil►lr ms jr." A"IM9 5eeret"Y Mishous Zua>eeto fibe petitioner is seddag a special pereit under gactiaant 26 (S) at the gaaM n $F-Leave to a11m the reawval of .tiil frm the pr"rty low" in Agamw Namiew. SOM (7) iAtereretad persvat attended the hou-L g. The Acting Gbairmn intx+aftwd ne tiers of the Board, He the read tb* p&lisbed "ads of the useting and rowAved no aiw,m w"I thew prsaesried to expUl the "gmured ram" hearings an hald to, Frank Gramm# repmovting his breUers the patitima r* outUxwd one a p plan the area wataialna lease which the petiti War wise to ,res ee. This ores, lawted is the AMW&d+aeww eventually will. becow fJ I"ad with disposattlo astirial as the *flown DwW* of 1wid till, aperati c a is amlemW ro*ultieg in the eo► wivg up of ass id lns. The treat of hand iaralrred tat&U 3 a crase the low being abort 1 toot d*P: resulting In the rew►val of apprcedeeat*U 75oa she yards. Mr. Casa � that eewaetuelly-the grade of this land %dU be raised by dwip fill to an eleratica of 6,5 test above sera loved. The area to be dipped is xA now the dsaterrex Co.►9 transaAmi an Iirreo, Mr. Gramm stated. A gamwel diewAmion than took place an whether or net araa� was occoldeead WWA leode' apd therefore **Ject to the "Hach Act"a widch Act requires a public h a rbW beef o the Subweteren and %Vraral bW t hs of Natu"a dos before soi7, rra1 or chazage in grade Ow tak+mplaaaa iu such as area. Nr. Gra"o started butt he had disawwsd the contemplated re aroeal with a reprove of tho Department of Mural Rtsourates an, the site wAtbere appeared to be so Objection to the P"eP • FUrLbW#&ftw guestian ag by the Soard, ho stated the p*U*Loaertr wow d agm to a to a grouad cower as specitiad bW the Zoning W-JAm it wed by the Roards as a setter at fants, the petitioner already had wo].uotaril.7 plar*ed "rye grave" is arms Areviously audyPd• Mr. o stated a Pamir with a 5 year tine limitation attached to it wwWA be aoeaptat►l+e to the potitiawri, as he was not swan hoaee so= work would be eaWlated. Aft Gbristepbra an abutterp started he bad no objeadim to the patinae. 4 --169 a 9 OWN OF AGAWAM TOWN rt FRK'S OFFICE 4 BOARD Of APB IW* JLW no Im. dare Samian l0:04 PA. 04" #690 Caere An Alfred Oram" 4dww VAerprUm Attonoltv4g s T. A. Piagulak e# Acting QWirMIk a: F. noun . Jr., Acting Thal zum Ca" X6.f's 690 AMmA M. Glma and 691 dmbar El��: Inc.s ASMVM lfeerd M wwo mad aed the uwudjKm erica ws reached that Asting seuv&W XoNskm wind raantaot Dama Campbellp gmVerinLeadeat► Dqprte" of ftblto WaLims Tom of Agxwa and disov" rhatterr the XsedwAs area woulA be eonsidwed ° lsnft• air °inland eataimW o tharefare, acne under tba dal Loa at taa. C- k a f etisg such areas, id re gill r+eeoval was watsibod. N. Zwoo eWeatsd any qpiam of Xv: its be obt0mod in tiritieg. The Actiaag SearoWy vaLIA repot WA findi ap to the Dowd at a thU semi*,-n# tim to be by the Acting Ck&Uuaa. Respastfilly 11 a Wm tteds J. P. Xoftbwf Jr.I m 300vokad love V4n w TOWN OF AGAWMA TOWN OF AGAWA T'pWN amws 0 TOWN r!_FRK'R OFF1CF i i I i i I i q0 -QI. BOARD OF APF XUTM9 • September apt, 1969 ftge2 Kftloski, = Meador Strum stated the foUadAg sb4 aw.to the peutiont 10 Part of the area invalmed is either classed, Owt lands• or "mod we4rways° and tbarefore subject to aat� b7 the Craw W . 2. la a conservationist st he objected to this area bo#Ag dui " it ohsltered and fend water fowl dwring cartain periods of the yew. 3. Me felt that it a permit were issued it ah dd stab to what grade area we to be restweed. Usifnite3y would Obi if area vws to be left stripped. Fred VuWn# 86 Meadow Streest, also objected with the saac -uscas as Mr. Imloski, fmUw,o be griestianed was -ter Vw petitionar tad sym wed a coww ftvp. Frank Masao in answer to the obis stated, first,, sell renwal weld be In "dr° area and seccudly, be wow be pleased to sbar Mr. VedaaL where gromd Gang had been provivaLly plied. �iaer tek place between the Board, Mr. o and Mr. Cosmos f+eees B"Udaqg Inspector on tms need for a °speaial permit" for sail raw ral 3n this urea. ir. Caere stated that the patitiomer fold this was a •nonmewforsW aitnatim and as such did not rgquire a permit. The patitlaeer finally agreed to appear before the.board, the patitim regultedg and would woopt aog linitatiaese placed by add Board.. Copies, of decision to be sailed to both of above objectors. As a fines. statem", Sr. (basso agreod that the lam to be reeeored wnald be trooked out by ubee of the so-called dmp road. After explainUM the course of eation an °aggtie+eeed" party night take m the Hoard to ate decision, the Chair w13aws" the aseting at 9:23 P.X. MesP'S srrbetil�tsd, J. P. Xdkbco, Jr.* ac� Miaut-es received — 9/30/69 typed - 1013A9 YWAues to fir. cabs - Decialon received - See sim tamed - Doaision to Mr. Cab& - Decinim sailed - stared seed - i VV VV x r AWN CLERK'S OFF1CF PLANNING BOARD erg AGAWAM, MASSACHUSEM D 1,�Q` 1 arch 105 1971 Mr. Edward Caba Town Clerk Agawam, Mass. Re: Grasso Form A #780 Dear Mr. Caba: The Planning board signed plans for the above on March 9, 1971, for property located on Meadow Street. Very truly yours, Albert onavita, Chairman AB:hal i 'i' FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File one completed form with the Planning Board and one copy with the Town Clerk in accordance with the requirements of Section H-B. Agawam, Mass., --. RCH---2------------------ 19 _71_ 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. A F R E a M, ------------ ---------------------------------------------- I. Name of Applicant ------------------ ---- �RASSQ_____________________-- Address 628 MEADOW STREET .ArmwAmr-. ►ss-•---------------------------•-------------- 2. Name of Engineer or Surveyor __Dt3RKEE, WHIT -,-_-_ t7WWE-_&—C_HAP F-IA__I-NE____________________________ Address .--3`�--- FRONT STREETS--CHI-COp_Ef_,,---ASS.---01.0a.3---------------------•------------•- 3. Deed of property recorded in ---------------------- ------------------------------------------------------------------------------- --- Registry, Book --------------------------------------- ------ Page LAND REGISTRATION CASE #28780A __ 4. Location and Description of Property: NORTHERLY LINE OF MEADOW STREET NORTHERLY BY MEADOW POND, A DISTANCE OF 547 FEET, MORE OR LESS EASTERLY BY LAND OF ALBERT J. CHRISTOPHER ET AL, A DISTANCE OF 175 FEET, MORE OR LESS SOUTHERLY BY NORTHERLY LINE OF MEADOW STREET, A DISTANCE OF 580.00 FEET WESTERLY BY LAND, NOW OR FORMERLY OF R.CARR, A DISTANCE OF 240 FEET, MORE OR LESS ALL AS SHOWN ON A PLAN MADE BY DURKEE, WHITE, TOWNE €gc CHAPOELAINE, CIVIL ENGINEERS, 3% FRONT STREET, CHICOPEE, MASS. , DRAWING #75-3536, DATED MARCH 1 , 1971 AND BEING LOTS 20 & 20A. 3 '71 PM 3 4 M Signature of caner -- ___-- =--*-- ----------- S OFFICE Address ---__ r'►�'d� # c FA TOWN OF AGAWAM -- - 9� MASSACHUSETTS BOARD OF APPEALS Q Mp DECISION OF BOARD OF APPEALS Date Jsa 60 1970 Petition of Al treed Grasso Premises affected Agawam Meadow Case #690 The petition of Alfred X. Grasso requested a special pwmit under Section 16 (g) of the zoning BY-Low to anon the removal of fin frost the property located in Agawam Meadows. At a public hearing hold September 22, 1969, the petitioner, through his brother Frank Grasso, outlined on a property plan the area appxabtiaaatizag five (5) aeres comLainibg loam which the petitioner Wishes to remove. At wwoutive sessions held September 22s 1969 and December 27a 1969 the Hoard reviewed tbMVugUY the evidence produced on the petitioner's part. The Hoard noted in the ream of the said meeting that ** area endear covaidwation evextua,14 will beaeme filled with disposable material as the wftm DisposW or land fill operation, is aactended resulting in the covering up of *aid loam. :It also noted that the petitioner intends eventually to raise the grade of the Inn ;by the application of "land fill" to an elevation of 65 feat above sea level. The Hoard feeds that to refuse the petitioner the right to remove the approxime►teeZ one (1) foot depth of loan would create a financial hardship an the pstitiomrr. At the name time the Board could not foresee how the rem mml of said loam in this area would affect the public good negatively, particularly as the area involved is coned "Industrial. All. Further, the Board meted the commmts made by the two abutters during the #aid public hearing doing the area of sail naval is classed as either "wet lands" or "Inland waters" and therefore subject to the so-salled "i#atch Act" of the 0 -141. o! XawWhueetts. The Acting Chairaeaean of the Board determined that the area is considered "wtlands" by the Department of Natural Resources., Commonwealth of Massachusetts and addressed a letter to said Departmnt under date of December I, 069 requesting a formal statement of the Departmerit's feeling in the matter. As of this date no answer has been received. Fimllyp the Board noted the petitioner was agreeable to seeding the area with a "suitable amw crop" and farther aaocept a time limitation an the removal of the loamy if granted a special permit to do so. Therefaraj, on the basis of its thorough consideration -at at all the factors is this F qQ TOWN OF AGAWAM -- MASSACHUSETTS BOARD OF APPEALS h �ATE0�py� DECISION OF BOARD OF APPEALS Date 6 1 Petition of Alfred Gruso Premises affected AX&W= MUdows _ Game #690 Page 2 case the Board of Appea a unanimously grants a special permit for the removal of loam as petitioned, subject to they fo]1(adng li_imitati.onas 1. The permit shall net becwe operative until the Building Impactor shall be furnished with a copy of an order of approval, from the Ctma d.esioner of the Department of Natural Resouraes p Caem umalth of iUssaohuseetts as required under Chapter 331„ Section 40 the Genwal Laws. 2. The permit will be for a perked not to eatceed five (5) yea" from the date of this decision. 3. The petitioner shall seed the area periodi4al4 with a nsultablo cover crop" " removal of loam permits. 4. The traispartation of removed material shall be by means of the so-called "Bump" road only. 5. No loam shall be removed from the area before eigist (8) A.M. mw after fire (5) P.M-- baby through saturdAW. No Loam shall bet rammed from the promises an Sundays or legal holidays. 6. Again„ the permit gnall not become operative until the Building liopector has prof that the petitioner has filed with the Tom Clark of the Tom of Agawam a Surety Bond its a fog► aoeeptatb3a to said Clark in the amount of Five Thousand ($5,0000) dolUrs. �R►�' '70 AWAM w OfME .. .- Ate.:..:_.. ....... ....'..... .. .... .. .. ' .- .. :;.,.:... �. IRS vv a 4F Q T01'/N OF AGAWAM MASSACHUSETTS �E DECISION OF: BOARD OF ApPFALS •il'E Ll Date_:_ rill-I 6 3 0 Petition of Alfred Grasso Premises affected u nw� Case 6 20 Pane ; ow Case the Board of Appeals unanimously l;'t n&n a special. Mr!Ilit for the trobga1 of loam at petitionod, :s« WL to the ro1-1o,di.g li_m tat i ons: 1, The pa: adt shall' not becunn opf..love until Se. Building Snspectar � stall furnished with a co.�,�f of an order of approval f`romjhe ��'` ii+,7ffmissJGI1`r or Lhe. behartmont of Natural Resources, Cgmnonwealth rf dfli3 such ntt . .s required under Ohap er 131, leetion 40 the Genet,! La.i:, Y t 2. The permit 011 An for a pariod not to exceed five 5)'Years from the date of thus d ci: ion. k x 7. Thy petitioner shall _send the Area perioN,rlly with a' "sKitablej Jx � cover crcr" a5 removal ..- loam permKs, 4. he transportation of :"nm::ved i uAC cri al, shyly hie: by Means of JQZ so—called "Uum_ l road o:1j. x j, ;4o loam shall hOI'f;moved from ..h]', area t3eNre alit (8) A.M nor { �� a ter ivc (j) KA, Monday throuah . uturday No loam shall be w� R removgd from the :re F1is, on Wndays or legal" holidays! � �., Again, the permit .`:hall not become a )erat.ive until the .Bullding Insfectar has roo.' that tQ petitioner }ias—filed vrith tree ir; {;1 7'}t CI the LC)'1vi]. f r.' it 3:. .il.f'".t; 'l: OC]4f in3. f D2T17 CCE'h:table to laic Clark in the mount of live ThousAnd ($5,000) dollars. jI i 1"�a�•1 FORMA APPLICATION FOR ENDORSEMENT_ OF PLAN BELIEYED NOT TO REQUIRE APPROVAL w � File one completed form with the Planning Board and one S. 7eupy with the Town Clerk in accordance with the requirements of Section 11-B. U- C" ' Agawam, Mass. IY. .? .. . . ... 19. . .79 othe'Rlanning Board: The undersigned, believing that the accompanying plan of his propertiy in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submit* said plan for a determination and endorsement that Planning Board approval under the Rubdiviaioas Cagtarol Law is not required. 1. Name of Applicant . . . . Ah.FRED. M.. .GRA.SAO,..ET .U.X. . . . . . . . . . . . . . . . . .. ....... . ... . ... .. . . Address . .�0$. M�,aoow S rRE r,, ACAWAlVI, .. + P.��uSE;T7 . ....... .. . . .. . 2. Name o� Surveyor DURKEE:. WH I.TE, TOWNE & CHAPDEIA I NE. ... . , . . . . . . . . . . . . . ... . . .. Address }}. Deed of property recorded in . .. . HA MP D E N, C 4U N T Y .., ... RMhUy, LANp COURT CONE I RMA� I ON CASE #28780A Bosh . .. Page . . . . . .. . .. . .. .... .. ...... .. ........ ...,.. . !, Location and Deseriptiou of Property: 5. Describe the proposal in this submission. BEING LOTS 24 & 25, NORTH SIDE OF MEADOW STREET , AS SHOWN ON ATTACKED PLAN MADE BY DURKEE, WHITE, TOWNE & CHAPDEIAINE, CIVIL ENGINEERS, DRAWING #75--3536, SHEET 13, DATED MAY 25, 1979 FOR CONVEYANCE PURPOSES ONLY. Attachments - original and 2 copies (minimum) of plan by Certified Registered Land Surveyor. Signature of ow ier Address r. 4 . . . . . . . .... . . (42) 7� .lam 0 v f h °Elf F f F 3 arn N o� ' o 5w o o d WZ V) 40 a o pr a as %-e oil C wfit if 0 m > n IV IV :Ia M a • M 00 A ` TOWN OF AC AWAM 4 74 MASSACHUSETTS 2 p. m iff■■ tt �2 �14Ff/1/� y BOARD OF APPEALS =^: �d %2 MP��1 DECISION OF BOARD OF APPEALS OWiN OF AGAWAM Date Petition of Alftd Me 9MUM _ Premises acted Na day sfkr&AMilts Bl� Pap 2 2e IM ♦aftaws wJLU tarmbwke whm tan po,$ r a*Ua Vw pr4mlasso 3e Mo P"q 00-11 PaVift adeguat+i► pw of tan "mmvlm to thr DWUAIM p"two 4e All sir raqudments of t►Ls Un Ordlowma aMU bo x4 as w*U is aar otbw eav&Ww Said data by the DaUMM Ire BOARD OF &FjZa IF 4k 8:00 P.M, Caero �� Alfred K. Gras" Attendings lheodere A. Progulske, Chaireman 628 Meadow St most Jerry Zeno, Member John Juliano, W., Acting CAerk The Board rmdewed the petitioner's request to coerce .his single family Rolling to a two (2) faesily dwelling and the obsertrationns frame Rase *item impeaQtions by tbn Board and oonaluded: 1, The pr ni,ses are located in a zone of Icdmitrrial A, 2. Lmeated to the west in a three (3) fa■i3r *selling, 3. Located to the east is a restauraat on the first floor with living quarters an the second floor. 4. Increasing the dwelling to a two farA4 would not es stantiJalZT derogate from the xonietng ora__�_yes as other rar3dentia3 dwelling exists In the 3ssaediate area. 5. The petitioner's request would not, be dedariwrerakah to the pumb as thus were no ob actions by the abutters, 6. It was felt that ; hardship exists in that it vould be diffieun for the petitioner to rent a dwelling of that &ize to a sinegl* family. Therefore,, the Board. of Appeals unanimously grants the petitioner the va rlaenco requa teds OW4eat to two aaJor conditions; 1. The petitioner shall provide proof to the Building Inspsctari the Zoning Officer of the Torras that a "Notice of VarianceR furnished by the Board has been recorded in the HA"den County BegistrCy of Deeds, 2, The ice shall taanduate when the petitioner sells the Nudses. Meeting adjourned 8s3O P.M, RespectfU14 subesitted. John J , Sr.,* Acting Clark a s ,y r a er err as 6if SPrL • � � � -,� ��� ��. ��� ,..� �; ,��;�,.,i ,.,1 ,� '� .�� �;: ^���,. -:J, -� ; �:� : ,, FA FHB 15 '74rQWN OF AGAWAM, MASSACHUSETTS Board of Appeals ATEoMpy $ `4 No. ............................ Filed ...I............I......... TOWN OF AGAWAM Hearing ........................ N CLERKS OFFIC.F APPLICATION TO BOARD OF APPEALS FOR VARIATION FROM THE REQUIREMENTS OF THE ZONING BYLAW Applicant: ......Wred,M„,Grasso................. ... Address: ... ....64 K00 GR.Stream.................... Chapter 20 Section 20-51 Application is hereby made for a variation from the requirements of ........... .....]�•••••• of the Zoning Ordinance. Premises affected are (a) known as NUMBER .........6?d$...Street; ......XeAdOX.........(b) ....:M.......feet distant from the corner of .........QFQ$s.............Street Description of Proposed Building Existing 1. Size of building:........ . .....feet front: .....X ... ,.....feet deep. Height: .......tewp....stories: .............25. .feet. 2. Occupancy or Use: (of each floor) ........Sk} 1q;.X�kj.qily.*cl .............................................. 3. Building Zone District: lladustxial.&............... 4. Date of Erection: ....192,5............................. 5. Has there been a previous appeal, under zoning, on these premises: ....)1Q............................................... 0. Description of proposed work or use: .....C+J4Vers .tP..4..Z XW.i17.dKeUi1194P................................... 7. The principal reasons upon which I base my application are as follows: ................................................. A creatod a hardship, Previous zonin allowed 2 fam;k ....... . f{ ..................................................................................................... /. ........................................................................................... ..... ...................................... ............................. Agawam Bd.of Appeals ~ Signature of owner or his antharised Agent.......... Agaymm, Mass. `1J Notice:--This a� pplication must be fillout 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: ............................................ ................................................ ............................................. Gt 3Sl 1 'S Svc ! W%&rvm #kt, lie-re.., See, 10S7 r --- TOWN OF AGAWAM, MASSACHUSETTS ` CONSERVATION COMMISSION gTED July 8, 1974 Pursuant to the provisions of. G.'L, Chap, 131,s Aec. 404 the Agawam, Conservation Commission will hold a public hearing at _ ava n'Tom Hall on J 18. 1q7� _-- at 700 o l clock. This hearing is e61led to aot on a Letter of Intent submitted by Alfred & Gras*- - 57 Meador Street, Agaxam, Mass. to perform work under the name of Aldred M. Grasso at Mead Street--Middle Meador Pond Agawam: Masav im lea�ows coca Agawam Plan ng Board Board of Heelth Town Engineer Commonwealth of Kass, Dent. of Natural resources Dept. of Public Health ' A copy of this notice will be filed with the Town Clerk to be posted at least 24 hours prior to the hearing,. AGAWAJ4 WSUCWSEM 01001 -. y ii , ,>Y '2 n d iYYf pJ 4` V� --i fj TG`4[w OF A G ,V, TOWN CLERK'S OFF'MT 608 *slow, Street Agai ae, Mssachusetts 41001 - �- Dmr W. Grasso: On Jame IS, 1974 an,inspection made of the disposal area located off Min Stseet sued which is tamed by you. Said inspection revealed the following: . Hrgr areas, incl=ing embankmnts, with refuse exposed due to erasion cr insMMCietat eOvea. One particular area oontai.ning !melding debris vMC& appears not to have ever been cov+eTed. One large "water pocket" with stagnant water. One embaaguant causing runoff water to concentrate on MJacent propn %ty forming a sit "water pocket". Several areas which are obviously finished portions bave exposed refuse and some indicate absence of an intermediate cover con- sisting of impervious material. Strang odax`s were in evifieum in severed are". Re ndaat3ona for correction of deficiencies am: At Least six inebres of suitable fill mast be used foxy exposed Water pockets not be anwopriate3y filled} covered :n i grad". An intermediate coves consisting of impervious material is required to be placed on the top and sides of the operation within one month after placing refuse on that portion of the fill. This impervious layer is intended to prevent percolation of s3urf ee or rain water. D2sufftcietrt fill appears to be the reason for the odors. DI the event that the dumping option leas ended, a final Layer of cover material on the entire site is required to provide support for coven vegetation. T'hts layer must have a total mid depth of two feet. (Reg:tiatiaa 15 of the Smitary Landfill Regulations). completion of i andv i ii must be in accoraance Frith RegwAtion 26 of &Mi.tary L A tt Regvlatioas. This regulation also stipAates that the lsadrill projeat shell not be accepted as coxMlerted tant31 twelve months after plaaemut of final cover, and I spection avA verification of satlsfectory completion of all cor- rective work for repair of aGlL cracked,, es , emd unrma arms in the final. cover. Ve27 truly t C. Health Agent. cat Jams D. Westatan, Tom Mnagex' 9 ,/',3bk�l� (( Ali i TOV Ai {,;URII',� 4RF� Wamtfe Management, Inc. ;�,` 900 Jorie Boulevard • Oak Brock. Illinois E3052-1 Phone 312/654-B8 Jimb 18;^1974 _ C._,, Mr. Frank Grasso y 608 Meadow Street Extension r� Agawam, yassachusatts 01001 - Dear Frank: From our meeting Friday afternoon, June ilk., 1974.v I was a little upset to- learn that you feel we have violated certain ter%ts of our lease 'agreement: By your" own experience with our company, .you know that we strive to be fair in all our business dealings. Evidence of this attitude can be round in our settlement with you for claims which arose out of . work you performed prior to lftste Managemant, Incorporatedils involvement at tba landfill. Another evidence was- our adding the $i ,000.00 'a week gaaranby, through i 973., to 'the lease agreement, this being the result of an oral agreement ' to you prior to tba entry into the lease agreement. With respect ' to the final 'closing of the landfill site in January, i 9?4, the Regional Sanitary Engineer had reviewed the site for, the purpose of determining what work by Tri Pack Leasing, Incorporated would be necessary to close the site in accordance with "Department Regulations for the Disposal of Solid 'baste by San-_tar7 Landfills". At that time, we completed everything according to regulations with some allowance granted For weather conditions. - lire agreed to then come back in the Spring after the rains, to correct —any if any. 0n Monday; June 3: 1974., the State inspected the site again to determine if any corrections were needed, and now we are- awaiting a letter outlining possible deficiencies. t By tha way, our people are glad to. hear that you have been successful in negotiations with the Tawn of— Agawam and have . arrived at a tentative agreement with these people regarding the reopening of the'Rain Street property as a sanitary landfill. Obviously, Tri Pack Leasing,- Incorporated would hope that they be considered an operating body for your site under some financial Working arrangement.__. .. In, response to our conversation, regarding 7adr holding Try. Pack Leasing, Incorporated to a termination clause in the lease agreement, we are maintaining the position that this lease agreement had been terminated as a result of the Townts refection of .tha bid- that you insisted on submitting to them back 'In December, 1973. If you' feel, -by any - interpretation, that this lease agreement is still in effect,., please consider this letter as formal written notice of. termination. Again, we repeat, that it is our -position'that:'the contract had been terminated as of January 1 , 1974, when the Town closed the site. JR iohee ,J' Q e Region�rl �s an _ . 14ew F.a 43s io MJQ:tmp . cc: R. Gelinas F. Pillsbury R. Gagnon TalvN cI.Fe� DIVISION OF ENVIRONMENTAL HEALTH WESTERN DISTRICT ( 1. 3) 549- 19 17 WESTERN MASSACHUSETTS PUBLIC HEALTH CENTER UNIVERSITY OF MASSACHUSETTS ( ;- 1 3} 5 4 5- 2 6 10 AMH ERST, MASSACHUSETTS 01002 .Tune 11, 1974 Board of Health Town Hall Agawam, Mass. 01001 Re: Agawam Refuse Disposal Gentlemen: On ,Tune 3, 1974, at the request of Waste Management Corporation, an examination was conducted..of the former town disposal site located off Main Street in Agawam and operated under the di- rection of that firm. The purpose of the examination was to determine what work, if any, would be necessary by that firm so as the phase-out of the disposal area would be in accordance with the Department' s "Regulations for the Disposal of Solid Wastes by Sanitary Landfill." An examination of the site indicated several areas which had been eroded during the winter season exposing refuse. Certain embankments on the site and peripheal areas also showed exposed refuse. It will be necessary to have these covered with at least six inches of suitable material by the responsible parties, Two small catchment . areas at the rear of the site and adjacent to the landfill which allow temporary ponding of water should be filled with either earth or preferably demolition wastes and subsequently covered and graded in accordance with the Regulations. If your Board is petitioned to formally close this area to further dumping, additional cover material to effect a total of two feet will be necessary over the entire site with the final 2-3 inches of this depth being of such material, that will support vegetation. This must be accomplished in accordance with Regulation 15 of the Sanitary Landfill Regulations. board of Health -2- Ju 11, 1974 In the event that this site shall be reactivated within this current year, the additional cover will not be necessary ex- cept in areas indicated by exposed refuse. If there are any further questions concerning this matter, please contact this office . Very truly yours, Angelo Iantosca Regional Sanitary- Engineer AI: PPM: jp CC: Mr. Frank Grasso 608 Meadow Street Agawam, Mass, 01001 Leger' s Rubbish Removal Corp . 17 Towne Way West Springfield, Mass. Leonard Belcher, Superintendent Department of Public Works Agawam, Mass. 01001 ` _---_ do A_ ., a3ls•easy-.� sp�. � t �Y- F: 9l r Mrs t �i ;, 60$ Mead4w .Stroot N. 4 A . rasa be ■ ,ew! that the Agawam UvO Go, ail x � � fti h�1es'i� viXIL bA he al b.f�tsP �' t" ! f� � { ; y w st Ag t - ;r i.t Jf ..i —r — r e' J VT N OF AG W r I ' TER - OFFICE I E ORAND FROA: ,lames D. Westir:an, To�,yn Manager DATE: November 21 , 1913. _ 'To: E.Caba, C.Taylor, & D.Campbel1 SUBJECT: Contract Extension Agreement Tri-Pack Leasing, Inc, Attached please mind executed copy of subject for your files. r $a!Me5 D. Westman Town Manager JDW: Iam PM �AG WAM �Y K'`' OFFICE V L CONTRACT EXTENSION AGREEMENT THIS Agreement made and entered into by and among FRANK A. GRASSO, of Agawam, hereinafter called "GRASSO," and the TOWN OF AGAWAM, hereinafter called the "TOWN," and TRI-PACK LEASING, INC ., hereinafter called "TRI--PACK_" WHEREAS, a contract was entered into on April 1, 1968 between the Town and Jobar Enterprises, Inc. for the establishment and operation of a sanitary land fill dump, and an Addendum thereto was executed on September 27, 1971, and said con- tract called for termination on March 31, 1973; and WHEREAS, thereafter Jobar Enterprises, Inc. deeded the land on which said dump is operated to Frank A. Grasso, the owner and principal officer of said cor- poration and Frank A. Grasso guaranteed the performance of said contract and addendum thereto; and, WHEREAS, Jobar Enterprises, Inc. and Frank A. Grasso entered into a five-year lease commencing June 15, 1972 with rights of renewal, with Tri-Pak leas- ing the premises on which the dump is being operated for the purpose of operating the sanitary land fill dump in which Tri-Pack agreed to comply with the provisions of the contract dated April 1, 1968, and the addendum thereto; and, WHEREAS, Jobar Enterprises, Inc. and Frank A. Grasso Irish to assign their performance and obligation under and to the agreement dated April 1, 1968 and the addendum thereto, to Tri-Pak; and, WHEREAS, the parties hereto desire to extend said agreement and addendum until December 31, 1973; 4 NOW THEREFORE, in consideration of the foregoing and in consideration of the premises, covenants and agreements hereinafter contained: 1. The parties agree that all of the terms, provisions and agreements contained in the'agreement of April 1, 1968 and the addendum thereto shall be extended effective as of March 31, 1973, to and including December 31, 1973,• 2. The parties agree that Tri-Pak shall be substituted for Jobar Enter- prises, Inc. and/or Frank A.. Grasso as to the operation, performance and/or. guarantee .cif the terms, provisions and agreements contained is the agreement of April 1, 1968 and the addendum thereto, and the Town will look directly to Tri.Pak alone for ful- fill of the same. _. s i T t, i7 _ _gii Z We sows— a 4. The parties agree that the hours of operation at the sanitary land fM dump shall henceforth be 7: 00 a.m. to 5:00 p.m. , Monday through Saturday of each creek during the term of this extension. IN WITNESS IVMREOF the Town of Agawam has caused this agreement to be executed, accepted and sealed in its name and on its behalf by James D. I'Vestman, .Town Manager; Tri-Pak Teasing, Inc. has caused this agreement to be executed, accepted and sealed on its behalf by a duly authorized officer; aid Frank A. Grasso -2- has executed said agreement this 26th day of Septernber, 1973. Seal TOWN G AGAZ'VAM ¢�j�d7'1tk Witness: 4 �, cB Yc ` . .., ' ,/q Town Manager T - ACK LEASING, INC. k tt es ; ti. f f 4.rr 4 f,`lrr i°t#wgs: -k7 FRANK A. GRASSO f -3rd and last page- GUARANTEE OF AGREEMENT ar„ GUARANTEE given this 22nd day of November, : 1972 by Frank A. Grasso to the. Town of AgaNvam.: Whereas, an Agreement was entered into between the Town of Agawam and Jobar Enterprises, Inc. on,April 1, 1968 which was amended y an Addendum dated September, 1971, and, Whereas, steps are being taken for the dissolution of Jobar Enterprises, Inc. , a Sub--Chapter S corporation, and Frank A. Grasso, as its principal stockholder and officer,: wishes to assume its obligations and to guarantee performance under said Agreement, the guarantor therefore agrees as follows: 1. The guarantor hereby assumes and guarantees the prompt and complete performance of all the covenants, terms and conditions contained in the said Agreement of Jobar Enterprises Inc. and the payment of all damages,. costs and .expenses which by virtue of the said Agreement might be chargeable against Jobar Enterprises, Inc. 2. The guarantee shall continue during the term of said Agreement and until all of the obligations thereof have been satisfactorily performed or otherwise discharged and all damages, costs and expenses chargeable against Jobar Enterprises, Inc. , under.said contract, may be recovered df#ctly from Frank A: Grasso, as if he were the original party to the contract. IN WITNESS WHEREOF the guarantor has signed this Guarantee Jm z a '73 po +�tt177111j to OWN OF AGAWAM TOWN CLERK'& OFFIM ADDENDUM TO AGREEMENT I This addendum is made to a certain agreement dated i April 1 , 1968 between JOBAR ENTERPRISES, INC. , hereinafter #I called the CONTRACTOR ACTOR and the TOWN OF AGAWAM, hereinafter called the TOWN: jWHEREAS, the CONTRACTOR and the TOWN entered into an agreement on April 1 , 1968 , for the establishment and operation of a sanitary landfill dump, and i� WHEREAS, there have been changes in circumstances con- cerning the subject matter of the original agreement which i was not in the contemplation of the parties including the enactment effective July 1 , 1970 of legislation against i outdoor burning and changes in the number and extent of available dumping facilities in surrounding communities , ## NOW THEREFORE, in consideration of the foregoing and in consideration of the promises , covenants and agreements i hereinafter contained., the TOWN and the CONTRACTORS agree 1 as follows : i 1 1 . Section 11 of the original contract shall be 3 deleted and replaced with the following . "It is understood and agreed by and between the I 4 I 5 parties hereto that the Sanitary Landfill site shall be operated solely for the benefit of residents and businesses • in the Town of Agawam and businesses located in Springfield and West Springfield. Residents and businesses located in ` the Town of Agawam, except thoseprivate business concerns engaged in rubbish or trash collection on a commercial. 1 � I 2971 a I I k7l! y'x' r I +y i'il j319 �QN OF AGAWAM �r� f CLERIVS OFFICE i I -Z- basis , shall not be required to pay any fee or charge for I dumping. privileges for normal refuse . Normal refuse shall mean refuse ordinarily generated by a household or busi, ness but shall not include house demolition tree stumps P or automobiles and similar items or material . I !� Residents and businesses located in the Town of Agawam shall not bring in refuse generated from outside the Town unless a fee is paid. to the contractor which fee shall be no less than the minimum charge made by the City i of Springfield or the Town of West Springfield , whichever is lower. Businesses located in Springfield and West ' I Springfield may dump refuse in the disposal area upon the . payment of a fee to the contractor which shall be no less i than the minimum charge made by the City of Springfield or the Town of West Springfield, whichever is lower. No garbage from any source shall be dumped at the I �? disposal area. " 2 . Section 14 of the original contract shall be de- { '" feted and replaced with the following: i "The contractor agrees to accept rubbish, trash, j lawn clippings and shrubbery clippings delivered to the disposal site by the Town, its contractors , agents or em- ployees ; the Commonwealth of Massachusetts and individual residents of the Town, provided such materials are generated in the Town of Agawam, and the contractor further agrees to do the foregoing for an annual contract payment . It is agreed by the parties hereto that private i businoss concerns engaged in rubbish or trash collection on a commercial basis may dispose of such materials at the i disposal site on the following basis : i One dollar ($1 ,00) per cubic yard of rubbish or trash 1 .3- An changes in this fee schedule shall be • I� y subject to g� Ithe approval of the Agawam Board of Selectmen. This fee sche- dule shall also govern payments for refuse which is not normal or ordinarily generated as defined in Section 11 . 11 3. The parties agree that the annual contract payments still remaining under the contract of April 1 , 1968 shall be increased as follows : Established Plus Payment Increase of Apr.l , 1971 to Dec. 31 , 1971 : 7 ,956 . 00 Jan.1, 1972 to Dec . 31 , 1972 37 ,115 . 00 11 , 134 . 50 Jan. l , 1973 to May. 31 , 1973 9 ,425. 00 2 ,827 .50 1 4 . JOBAR ENTERPRISES, INC. and the TOWN ratifies and con- firms all of the other terms , provisions and agreements con- tained in the agreement of April 1, 1968. IN WITNESS WHEREOF JOBAR ENTERPRISES, INC, has caused this agreement to be executed, accepted and sealed on its be- half by Frank A. Grasso, its president ; and the TOWN OF AGAWAM has caused this agreement to be executed, sealed and accepted in its name and on its behalf by its Board of Selectmen on this " •A&W= , day of September, 1971 . �V JOBAR ENTERPRISES, INC. BY Frank A. rasso, Its President TOWN OF AGAWAM By Le - I Bodrd of Selectmen Signed and Sealed in the Presence of Fidelity and Deposit Company HOME 0FFYCE of MARYLAND Et1LrzmoRE 2i203 Ueense and/or Permit Bond KNOW ALL MEN BY THESE PRESENTS: That we AI,FRED Ml--GRASSQ�-_ 91 Ramah Circlej---Agawam Massachusetts------------------- - ----------- as Principal, and FmEury AND DEPOSIT CowpAmy oB MARYLAND, incorporated under the laws of the State of Maryland, with principal office in Baltimore, Maryland, as Surety, are held and firmly bound unto ---------TDWN__OF. ,4GAWAM---Massachusetts_.. -------•--------------------•------•---- •--------------------------f as Obligee, in penal sum of.i''IYE_THQU __AX _jTUj100----_------^----_----- lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. WHEREAS, the above bounden Principal has obtained or is about to obtain from the said Obligee a license or permit for..---1?crYd_t__tQ_oP.eKst_e-aAA1ut_QMQtAV#.J_Vnk--yard-----------------------------------------------____ -----------------------------------------------------------------------------------------.--; and the term of said license or permit is as indicated opposite the block checked below: ❑ Beginning the----------------------------------------day of----- -----------------------------------------19----------- and endingthe---------------------------------------day of------------------------------------------------19----------- ® Continuous, beginning the.----.----------- st-----------_---day of----------hai'msr3'-----------• --------19___62... WHEREAS, the Principal is required by law to file with----TWIN__QF__AGAWAX------___------------------------------- --------------------------------------------------------------------------------- -------------------------------------------------------------------------------------- ---------------- a bond for the above indicated term and conditioned as hereinafter set forth. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal as such licensee or permittee shall indemnify said Obligee against all loss, costs, expenses or damage to it caused by said Principal's non-compliance with or breach of any laws, statutes, ordinances, rules or regulations pertaining to such license or permit issued to the Principal, which said breach or non- compliance shall occur during the term of this bond, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, that if this bond is for a fixed terra, it may be continued by Certificate executed by the Surety hereon; and PROVIDED FURTHER,that regardless of the number of years this bond shall continue or be continued in force and of the number of premiums that shall be payable or paid, the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the amount of this bond, and PROVIDED FURTHER, that if this is a continuous bond and the Surety shall so elect, this bond may be cancelled by the Surety as to subsequent liability by giving.thirty (30) days notice in writing to said Obligee. Signed, sealed and dated the---------------------------19th--------------------day of---------December---------------------19_68----- _AEI?__-M,%__GIAS;kQ- ------- ------------------------------------------- Princi�iu,d ---------��-'------------------- FIDELITY AND DEPO T COMPANY OF MARYLAND Y -`- ----- -- ------------•------•------------- ------ B _4 C. Na at AUorney-in-Facl G1173-10M,10-65 171240 m oa 0 A� z 04 b w o H TOWN OF AGAWAM TOWN OF AGAWA TOWN CLERK'S OFFICE TOWN CLERK'S 0 ' -JAN 21969AX ry �S10�ui �Y1$L L A _ P.w 10 - 1lLLI� Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICEe BALTIMORE,MD. KNOw ALL MEN BY THESE PRESENTS-That the FIDELITY AND DEPOSIT COMPANY OF MAILYLAND,a corpora- tion of the State of Maryland,by A. R. FROMM ,V1Ce-President,and M. A. KELLY , Assistant Secretary, in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Com- pany, which reads as follows: "The President,or any one of the Executive Vice-Presidents,or any one of the additional Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Resident Assistant Secretaries and Attorneys- in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances,stipulations, policies, contracts, agreements,deeds, and releases and assignments of judgments, decrees,mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Company may require,and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint Paul C. Cook, Jr. , Albert S. Gates, Jr. , Priscilla F. Kirwan, Arthur R. Buonopane, Marion L. Goulding, John C. Naatz, and Leo P. Hylan, all of: Boston, Massachusetts, EACH, . its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings. . . . . . . . . . . . . . . . . n e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply,to all intents and purposes, as if they had been duly executed and acknowl- edged by the regularly elected officers of the Company at its office in Baltimore,Md.,in their own proper persons. This power of attorney revokes that issued on behalf of Charles W. Wirth, etal, dated June 7, 1968. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the Said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 30th- August ----------- ----------day of----------------------- - - ---------•---------------, A.D. 19.-•-68 ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND (SIGNED) Ma,_A,__KELLY----•---- ----- By--------..._------------- A:--- .......................... (SEAL) Assistant Secretary Vice-President STATF OF MARYLAND CITY OF BALTIMORH �' On this 30th day of August , A.D. 19 68, before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified, came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seat affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TzsTIMoNY WHEREOF,I have hereunto set ray hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. (SIGNED) GLORIA J. DAME - - .---- ------ - -- - - -... - (SEAL) Notary Public Commission Expires_..J!1y...1.- 1969 CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY of MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2 of the By-Laws of the FIDELITY AND DEPLSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly Called and held on the I9th day of,October, 1966. REsoLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 19th .-day of---—----------Demmber------------ ---- L1419--Ccf. ssistarst Secret¢ry TOWN OF AGAWAM T:7A N OF AGA TOWN CLERK'S OFFICE T CLERK' n JAN 21969 € A.M. 10111�-1 Ran P.W. . l,_t11�1211tL4L�tl� iF l CID rrIm MOG) C� > _ Fidelity an Deposit D osit COMPANY OF MARYLAND SINCE. 1890 Bonding and Insurance , BOSTON BRANCH WrLuAM E. HENDERSON, JR., Res. Ywe•Presidff E 1010 Boston Insurance Exchange 40 Broad Street BosToN, MASSACHUSETTS 02109 f� ' kz� V This Agreement made this First day of April, 196$, at Agawamp Hampden County, Massachusetts, by and between JUBAH LNTbIWRISES, INC.$ a Massachusetts Corporation with the principal office at 608 Mer,dow Street Agawam Mass., party of the first part, hereinafter called the CONTRAGrat and the TCFdN OF AU-111AMs a Municipal Corporation$ situated within said County of Hampden, party of the Second parts hereinafter called the TOWN e lvaiLli!�AS, the TOWN is desirous of establishing a Sanitary Lana Fill ' Dump, and entering into a contract for the said Land Fill Dump, and whereas$ the CO JT1'6AG L'OA is the owner of said land located off Main Street, in the #Meadows#, so-called, in 'said Agawam$ Nab TtiMU:FORS, in consideration of the foregoing and in consideration of promises, covenants and agreements hereinafter contained, the TUO and the CONVLAC2OR agree as follows: . 19 the term of this Contract shall commence an the First day of April, 196% and shall run until the Thirty-first day of March$ 1973, or for a period not exceeding; five (5) years, in accordance with the provisions of the Massachusetts General Lawa (Ter. Ed.)$ Chapter 40v Section !t, and as amended. 2. The site of the Sanitary Land Fill Damp will be established by the Department of Public Works of the said TOWN4 The site layout, will be established by the same Department, 3, The GONTiifiGZQA agrees to furnish all the necessary tools, machinery, equipment and men needed to control properly the disposal area as a Sanitary Land Fill operations at its awn expense. 4 It is agreed by and between the PiuZtIA.;� hereto$ that the method Of dumping shall be the method known as the #Trench Method of Sanitary Land Filling!. The trenches shall be 61 to 81 in depth and 120 to 36t in width, and the COR riAGTOUishall maintain the working face at a slope of not greater than 300 during the operation. Refuee shall be deposited either at the base or head of the Cell Trench and shall, be spread and compacted in 12" layers, At the end of each day of operation$ the refuse material shall be compacted and covered with a minimum of 6" of compacted clean earth fill. The CURT CTOR agrees to erect signs at the disposal area which clearly indicate the correct procedure for the depositing of refuse. The Land Fill Disposal area shall be fenced and have an entrance gate, which said gate shall be locked when the area is not in use. A enow or chicken wire fence shall be provided by the WItIlUGTOR to prevent the scattering of papers. The earth surface shall be sprinkled, as rote}i.red, during dry periods of the year. The entrance area shall be x land-scaped to the satisfaction of•the Department of Public Works, _ t _ 5. The k'ui4i.Ll'" :' agrees that immediately after each top cell trench has been filled in the manner outlined hereinbeforet a minimum of 21 of compacted clean earth fill shall be placed over the entire cell. The surface of the filled area shall have a slope of 1% to provide adequate drainage. 6. Not withstanding any of the foregoing covenants and agreements$ and in addition thereto, the CONTRACTOR agrees to comply with all regulations of the local Board of health and the State BppgrO of ` Health With regard to ^anitary Land frill operations. { } f 7. The �;.)'UILACT€ I sgrcros thot a bulldozer with operatnr, shall be on the site whenevr,r required by the nep3rtment of -%blie �-'.orks, In addition theme shall be a D=p Master on the site during the hours the dump is in operation. Be The agrees that there shall be no bvrnLW, of refuse materials allowed on the divan, sit^, to ceee of aecidenul outbreak of fire., the CuRhAC'iJA arrves to immediately extinguish the same by covering the burning or smoleerim area with clean fill. 9. Any salvage of refuse material shell be the sole right of the ti.U:dTRAC Ua and shall not be anaignable to any third party or parties. 10. It 1.9 agreed by both parties t iereta that the+ disposal area shall remain open during, the ,,our., of 8 M, A."f. to 400 P-Mes, Mondor• tluu Pridayl and from 10:00 to 2:30 P.M. on Saturday. No &mpinr, shall he allmmd on Sundays* and Legal Holidays (low Years* Feb. 22, May 31), July 4. Labor Day,, net. 12* )love 11, Thanksgiving, Christmas) 11. It is understood and by and between the parties hereto, th*t the Sanitary Land Fill Dump aite shall be operated solely for the benefit of residents and businesses in the Taa►n of Agavamg It in agreed that no refuse is to be du Mod in the disposal area which In brought in from outelde the Town limits. No garbage from =7 source shall be dtaped at the disposal area. 12e The .6 a race to build and nntntain a gravel road Wl,th a minimum width of eighteen feet (18+) from the Pain Street entrance to the disposal area. The location and grade of the road shall he established by the .epartme:nt of 'Public Works of the Two of t.-awwn. 13, The C �tiTiU'rOA further agrees to csrr^1 insurance policies covering the site as follows: a. A Proper.ty 1;amas;R Trisurrmce police in the amount of s50,OW.00 per accident and 4100sCM.00'aggregate* ands be d :'liblic viability policy in the amnunt of Z1000,000.00 par parson and ;200,000,00 per accident,, ands the further agraca ;o i adennify and save harmless the Town from any sulfa, claims or liabilities, or dama&ea to pereoas and pronirt,r arising out of the: use of said disposal site. The �%J,+• �•,C:J ► further atmran to furnish the Town Treasurer satisfactory evidencq that 'the two said Insurance policies are 1-n force and ef:ect. The COS vi ►�Tu.c arras to accept rul)biah and trash delivered to the site b7 the Town' s collection vehicles* and in addition thereto, rubhish and trash broea ,,ht to the .sit, by ie:d'ividual residents of the Vown of lgawom, and the i-;A-_l„U; UCU further ae'Ps to do the forrs�,oing for an armual contract cost. It is a-:-reed by the partiee hereto that private busineas concerns ern:Tared in ruhistrfli or trash collections on a com.wrcial basics, provided such rubbish tir trash is picked up in the Town of AwaMt may dispose of such materialaxat the disposal eito an the following baesiat w3eventy-five cents (.750) per cubic yard of rubbish or tiosh up to nsxi.m m. . Any ohanges in tl,la sched:ile of fees shall be subject to the approval of tho Agawam Roard of electmon. r ..3. 1rj. The i:O.dgR+tCDU agrees with the LA11i that it has a leaes, 4 estate in fees or for a terra of years, or other rake! aontrsctual agree nt for the use of the diapoosal site for the duration of this. csontr4ct. 16, Tt is agreed by and betwotin the parties hereto, that, the Toun will PAY to the C�)3J�':t s+:sJii anrc.�nual r��o,mt equal t0 ",�29i4J0.70 for the firnt year of the contract, an annual amount equal to y31,L60.00 for 4•: the second year of the Contrasts an saaual smunt equal to 233�? 0.4Q for the third year of the Contracts an annual =aunt of 4359360.00 for the foi.rrth year of the Contrr.ct,- and an annual amount of 37JDO.0-0 Por the fifth year of the Contract,, payable in equal seal- mnnthV installments on the 16th and 30th day of each months provided thi.t such equal novel-monthly-.instsellment shan be of an anournt equal to 1/21ith of t►ho annual payment for the year of the contract. then in effect. 170 Tt is tamed by end between the parties hereto that all proftisea, covenanta and agreements hereinbefore contained, are material promises covenants and agreements, and that a breach of arq of the* shall be conRidored a material breach of aantract. le, It is agreed by and between the parties hereW that should the "41'4 enter mitt-) an agreement. with the Gity of Springfiold, whereby it can dianoee of rubbish and trash collector? by it without arty crar;;e, coat or expsur4e 'tc1 *her i.1+ then the T{xWV may terminate thfs sgrapiient :span the'giving, of sixty (60) days writton notice of ter-inotion to the and the �)aymnt by tha TO• I+ to the of c "'n L�r, :-oney 04a81 to six (6) month payments under the terms of this afire ent at the rats then .iA effect, said six (6) months na7mnt to be as liquidated damages for the term, ination of the s�pvpn rnt prior to its firs (5) year terra. The sic (6) months paymeat shall, be in addition tq the regular paynents atade for tho sixty 11160) day notice period. the J oNn of Agawam hoe caused its corporate sanl to be affixed hereto and these presents to be siLmed in its name and behalf b,. its Poard of 'Ialectmen and Ywn Oounsfell and by Frank A. Grasso# President of Jobar Enterprises * Ina., and their attorney. ny thtt -sitne�!e: Awl, r T44Coun3el � President Attorney i ADDENDUM TO AGREEMENT This addendum is made to a certain agreement dated April 1 , 1968 between JOBAR ENTERPRISES, INC. , hereinafter called the CONTRACTOR and the TOWN OF AGAWAM, hereinafter called the TOWN: WHEREAS, the CONTRACTOR and the TOWN entered into an agreement on April 1 , 1968 , for the establishment and operation of a sanitary landfill dump; and WHEREAS, there have been changes in circumstances con- cerning the subject matter of the original agreement which was not in the contemplation of the parties including the enactment effective July 1 , 1970 of legislation against outdoor burning and changes in the number and extdrit- of _ available dumping facilities in surrounding communities , NOW THEREFORE, in consideration of the foregoing and in Consideration of the promises , covenants and agreements hereinafter contained the, TOWN and the CONTRACTOR agree , as follows : 1. Section 11 of the original contract shall be deleted and replaced with the following: "It is understood and agreed by and between the parties hereto that the Sanitary Landfill site shall be operated solely for the benefit of residents and businesses in the Town of Agawam and businesses located in Springfield and West Springfield. Residents and businesses located in the Town of Agawam, except those private business concerns engaged in rubbish or trash Collection on a commercial basis , shall not be required to pay any fee or charge for dumping privileges for normal refuse. Normal refuse shall mean refuse ordinarily generated by a household or busi- ness but shall not include house demolition, tree stumps or automobiles and similar items or material . Residents and businesses located in the Town of Agawam shall not bring in refuse generated from outside the Town unless a fee is paid to the contractor which fee shall be no less than the minimum charge made by the City of Springfield or the Town of West Springfield, whichever is lower. Businesses located in Springfield and West Springfield may dump refuse in the disposal area upon .the payment of a fee to the contractor which shall be no less than the minimum charge made by the City of Springfield or the Town of West Springfield, whichever is lower. No garbage from any source shall be dumped at the disposal area." 2 . Section 14 of the original contract shall be de- leted and replaced with the following: "The contractor agrees to accept rubbish, trash, lawn clippings and shrubbery clippings delivered to the disporsal site by the Town, its contractors , agents or em- ployees ; the Commonwealth of Massachusetts and individual residents of the Town , provided such materials are generated in the Town of Agawam, and the contractor further agrees to do the foregoing for an annual contract payment. It is agreed by the parties hereto that private business concerns engaged in rubbish or trash collection on a commercial basis may dispose of such materials at ,the disposal site on the following basis : One dollar ($l .OD) per cubic yard of rubbish or trash -3- �'�� - AnAhanges in this fee schedulp shall be subject to the approval of the Agawam Board of Selectmen. This fee ache - dole shall also govern payments for refuse which is not normal or ordinarily generated as defined in Section 11 ." 3. The parties agree that the annual contract payments still remaining under the contract of April 1 , 1968 shall be increased as follows: Established Plus Payment Increase of April , 1971 to Dec. 31 , 1971 r 177 ,956 .00 Jan.l , 1972 to Dec. 319 1972 37 ,11S. 00 11134 .50 Jan. 1 , 1973 to Mar. 31 , 1973 9 ,425. 00 2 :827.50 4. JOBAR ENTERPRISES, INC. and the TOWN ratifies and con- firms all of the other terms , provisions and agreements con- tained in the agreement of April 1 , 1968 . IN WITNESS WHEREOF JOBAR ENTERPRISES, INC. has caused this agreement to be executed, accepted and sealed on its be- half by Frank A. Grasso, its- president ; and the TOWN OF AGAWAM has caused this agreement to be executed , sealed and accepted in its name and on its behalf by its Board of Selectmen on this twentieth-seven/ ay of September, 1971 . JOBAR ENTERPRISES, INC. By Frank , Grasso, Its President TOWN OF AGAWAM By - c oar of Selectmen Signed and Sealed in the Presence of i I This Agreement made this First day of April, 1968, at Agawam, Hampden County, Massachusetts, by and between JOBAR ENTERPRISES, ING•, a Massachusetts Corporation with the principal office at 608 Meadow Street, Agawam, Mass., party of the first part, hereinafter called the CONTRACTOR, and the TOUN OF AG&AM, a Municipal Corporations situated within said County. of Hampden, party of the Second part, hereinafter called the TCUNs WHEREAS, the TW is desirous of establishing a Sanitary Land Fill Plump, and entering into a contract for the said Land Fill Dump., and whereas, the CONTRACTOR is the owner or said land located off Main Street, in the 'Meadows', so-called, in said Agawam, N NGV THEREFORE, In consideration of the foregoing and in consideration of promises, covenants and agreements hereinafter contained, the TOW and the CONTRACTOR agree as follows 1. the term of this Contract shall commence on the First day of April, 1968, and shall run until the Thirty-first day of March, 1973, or for a period not exceeding five (5) years, in accordance with the provisions of the Massachusetts General Laws (Ter. Ed.)., Chapter 40, Section 4, and as amended. 2. The site of the Sanitary Land Fill Dump Vill be established by the Department of Public Works of the said TW. The site lay-out will be established by the same Department. 3. The CONTRACTOR agrees to furnish a4 the necessary tools, machinery, eqa pment and men needed to control properly the disposal area as a Sanitary Land Fill operation, at its own expense. 4. It is agreed by and between the PARTMS hereto, that the method of dumping shall be the method known as the 'Trench Method of Sanitary Land Filling'. The trenches shall be 6t to 8t in dept# and 12' to 361 in width, and the CONTRACTOR shall maintain the working face at a slope of not greater that 300 during the operation. Refuse shall be deposited either at the base or head of the Cell Trench and shall be spread and compacted in 120 layers. At the end of each day of operation, the refuse Material shall be compacted and covered with a minimum of 6+t of compacted clean earth fill. The CONTRACTOR agrees to erect signs at the disposal area which clearly indicate the correct procedure for the depositing of refuse. The Land Fill 'Disposal Area shall be fenced and have an entrance gate, Which said gate shall be locked when the area is not in use. A snow or chicken wire fence shall be provided b;T the CONTRACTOR to prevent the scattering of papers. The earth surface shall be sprinkled, as required, during dry periods of the year. The entrance area shall be �( land-scaped to the satisfaction of the Department of Public Works. 5. The CONTRACTOR agrees that immediately after each top cell trench has been filled in the manner outlined hereinbefore: a minimum of 2' of compacted clean earth fill shall be placed owr the entire cell. The surface of the filled area shall have a slope of 1% to provide adequate drainage. 6. Not withstanding any of the foregoing covenants and agreements, and in addition thereto, the CONTRACTOR agrees to comply with all regulations of the local Board of Health and the State Board of l Health with regard to Sanitary Land Fill operations. i + r �2" 7. The CONTRACTOR agrees that a bulldozer with operator, shall be on the site whenever required by the Department of Public Works. Ma addition there shall be a Dump Master on the site during the hours the dump is in operation. 8. The CONTRACTOR agrees that there shall be no burning of refuse materials allowed on the dump site. In case of accidental outbreak of fire, the CONTRACTOR agrees to immediately extinguish the same by covering the burning or smoldering area with clean fill. i 9. Any salvage of refuse material shall be the sole right of the CONTRACTOR and shall not be assignable to any third party or parties. 10. It is agreed by both i3arties hereto that the disposal area shall remain open during the hours of 8:00 A.M. to 4;00 P.M,, Monday thru F,,iday; and from. 10:00 A.M. to 2;30 P.M. on Saturday. No dumping shall be allowed on Sundays, and Legal Holidays (New Years, Feb. 22, May 30, July 4, Labor Day, Oct. 12, Nov. U. Thanksgiving, Christmas) 11. It is understood and agreed by and bdtween the parties hereto that the Sanitary Land Fill Dump site shall be operated solely for ` the benefit of residents and businesses in the Town of Agawam# It is agreed that no refuse is to be dumped in the disposal area which is brought in from outside the Town limits. No garbage from W source shall be dumped at the disposal area. ti 12. The CONTRACTOR agrees to build and maintain a gravel road with a minimum width of eighteen feet (181) from the Main Street entrance to the disposal area, The location and grade of the road shall be established by the Department of Public Works of the Town of Agawam. j 13. The CONTRACTOR further agrees to carry insurance policies f covering the site as follows: a. A Property Damage Insurance police in the amount of 0,000.00 per accident and 100,000.00 aggregate, and, I b. A Public Liability policy in the amount of $100,000,00 per person and ;,200,000.00 per accident, and, Ii the CONTRACTOR ,further agrees to indemnify and save harmless the Town from any suits, claims or liabilities, or damages to persons and property arising out of the use of said disposal site. The CONTRACTOR further agrees to .furnish the Town Treasurer satisfactory evidence that the two said insurance policies are in force and effect. 14. Thd CONTRACTOR agrees to accept rubbish and trash delivered to the disposal site by the Town-Is collection vehicles, and in addition thereto, rubbish and trash brought to the site by individual residents of the Town of Agawam, and the CONTRACTOR further agrees to do the 51 foregoing for an annual contract cost. It is agreed b the g y parties hereto that private business concerns engaged in rubbish or trash collection, on a commercial basis, provided such rubbish or trash is picked up in the Town_ of 4� Agawam, may dispose of such materialaxat the disposal site on the € following basis; Seventy-five cents (.750) per cubic yard of rubbish or trash up to maximum. Any changes in this schedule of fees shall be subject to the approval of the Agawam Board. of Selectmen. f . r w3- 15. The GONTRACTOR agrees with the TM that it has a lease, estate in fee, or for a term of years, or other valid contractual agreement for the use of the disposal.site for the duration of this contract. 16. It is agreed by and between the parties hereto, that the Town will pay to the CONTRACTOR an annual amount equal to $29,900.00 for the first year of the contract, an annual amount equal to $31,460.00 for tie the second year of the Contract, an annual amount equal to $33,280.00 for the third year of the Contract, an annual amount of 435,360.00 for the fourth year of the Contract, and an annual amount of 037,700.00 for the fifth year of the Contract, payable in equal semi- monthly installments on the 16th and 30th day of each month] provided that such equal semi-�anthly installment shall be of an amount equal to 1/24th of the annual payment for the year of the contract then in effect. 17. It is agreed by and between the parties hereto that all promises, covenants and agreements hereinbefore contained, are material promises covenants and agreements, and that a breach of any of them shall be considered a material breach of contract. 18. It is agreed by and between the parties hereto that should the TOWN enter into an agreement with the City of Springfield, whereby it can dispose of rubbish and trash collected by it without my { charge, cost or expense to the TaM then the TWX may terminate this agreement upon the'_g:;ving of sixty (60) days written notice of termination to the COIuTYUMOR and the payment by the TOWN to -the CONTRACTOR of a sum of money equal to six (6) month payments under the terms of this agreement at the rate then in effect, said six (6) months payment to be as liquidated damages for the termination of the agreement prior to its five (5) year term. The six (6) months payment shall be in addition to the regular payments made for the sixty (60) day notice period. IN WITNESS WHEREOF the Town of .Agawam has caused its corporate seal, to be affixed hereto and these presents to be signed in .its name and behalf by its Board of Selectmen and Town Counsel; and by Frank. A. Grasso, Frdsident of Jobar Enterprises, Inc., and their attorney. TOVR, OF AGAWAM, MASS. By OARD OF TMEN i f3 C� Witness: i V AAA wn Counsel FOR THE CONTRACTOR # JOBAR ENTERPRISEj, INC. Witness: .� President Attorney ¢ p �wl JO �I y' This .Agreement made this First dray o Agawaep Hampden County, Massachusetts, by and betwes r.. I1C•, . a Massachusetts Corporation with the principal o'Ace at 608 Meader Street '] I,gawar-, Mass.+ party of the first part, hereinafter celled the CONTRA.`34P :j wo thi TOSS OF ADAWANO a Municipal Corporation# situated within said Oounty '. of: Hampden, party of the :sec-ind part, hersinof'ter.called the TOWNt. k. WH Asl the TtMN is desirous of establishing a Sanitary Land Fill Dump, and entering into a cont i ract for the said land Fill Auarp, and rrhereae, the COIrtu"#C,,',rX, is the owner of said land located oft Main Street, is the 'Meadows', so-called, in said AgawamO in considerat~ion of thvt foregoing atad In consideratia of promises, covenants and agreements hereinafter oontaine j, the TOO and the GtWT"GTOii agree as follows s $I '? 1, Y.he term of this Contract shall commence on the First day of April, 1968, -and shall run until the Thirty-first day of M rchv 1973t or for a period not exceeding five (5) years, in accordance .with the provisions of the Massachusetts General Laws (Ter. Ed.)v Chapter 401, ")ection Is, and as .amended. f- 2. The site of the 3ar_itary Lana Fill Dump will be establi0sid by � the Department of Public 6lorks of the said OWN,, The site lap-out R will be established by the same E)epar`"ato' 3, The ACT"v.s agrees to furnish alb the necessary tools, machinery, equipyent and men. needed .to oontrol properly the disposal area as a Unitary Land 7ill ')peration, at ,its own eapenaw. 4. It is agreed by and between the Pitidi:1.S hereto, that the method of dumping shall be the method known as. the 'Trench Method of. Sanitary Land Filling'. fhe tree-aches shall be 61 to 8f in depth #I� and 121 to 36r is Width, and the 0iJN1`RAGTCU shall maintain the +� working face at a elope of trot greater that 309 during the operation# Refuse shall be deposited either at the base or head of the Can Trench and shall he spread and compacted in 120 layers. At tte3 eras of each day of "ration, the refuse material shall be compacted and covered . �I with a minimum of ba of compacted clean earth fill. The CONTRAC'IOR agrees to erect signs at the disposal, area which .clearly indicate the correct procedure for the depositing of refuse. The Land Fill. Disposal Area shall be fenced and have an entrance gate, which said gate shall be Locked when the area is not in use. A snow or chicken wire fence shall be provided b;� the GC MTRAGTOR to prevent the scattering of papers. The earth s:irface shall be sprinkled, as recraired, curing dry periods of the year. :The entrance area shall be land-scarped. to the satisfaction of the Department of Public Works. 5. l'tie uO�dti�iGn agrees that immediately after each top Dell trench has been filled in the. manner Outlined. herainbeforea a minimum'of 21. ;of,compacted cl.ee.n earth .fill shall be placed ',►war '. the entire sell. The surface of the filled area shall leave a :slope of-3$- to provide a.deghiate drei.nage, 6. Notwithstanding any of t1w foregoing covenants and agreements, and in addition thereto, the 00NTHACT04 agrees to comply with all regulations of the local Board of health and the State Board of Health with regard to Sanitary Land Fill operations. �j ri �,II 7. The v;:'i ��:" ):� aEir ,, :Rt z3 w►alltiar nth npertwt►cu'e +tttazll be nn the sit>4e whene3vor roclAi-e•j by ,.he Departmont of Elie works. ]h addition tho re 4hall be s D-,=P manter. on the site during-the hours the (hmp is ies'"ration, . �s"AA' � t awe® th Athere she'll be'no burnbg; of r6fuae nat►erf:als $flawed m the ci,ux , e! ,- . 7ri amW cf acidentaxl patUW*Ak of trey wt n, t<�: t 'Ji ay::r- os tjr t ac l rtae extSn�rttish tt�t` r y covering the burning or area with clean fill. +. env ` s vane �,f rvfu�?e nsu�t-rt,al ehall be the sole right of: the 1L'i".A and al;&,U not, be as4iriable to-,ate third part f or V iese 10. It is, elsvved b�• .bath parties hererto "�har#� then diapoeal area anal r"rin open &arim the of 8tt- A.M. to laeoo P.M., Mandel t,hm Yriidayj and fraw. o 2i30j1A* on .Sraturday. No dumpioj� "hall be. allowed on 3un,,Yx;,:R, *r dLft4 11olidaym (bear Yatar0,0 Wit'. 22, ru:7 3,)2 July. ?x, '.ab 3r z7lat.. 12 ' 'Nov. U. Thank* i*lmp :hri Wr=:as i. 1I 7G is understood an ' �y and bares the parties heelr*to that t,ia ,Uni.tory LmW: F111 Dmp site shoU bq opv:`+tod solely fir %W. benefit of `residents and busi:mems in tbn Tmn of lgavaup It is 60"d that no refue a to to br damped in Mev diapo al area Whisk to brought in from outride the Maur, Baits. ;.$ garbage ate► savm* shell be duwped at Lhe dis weal ataa. 12. Vies ter..i': tL:�4.;.t agree p t j ba i l d and ua i.httin • travel road. s:1th a miCmm %,ddt'n of ai,,,Lea ,st . art (18e) from the itain 3treet;.. entrance t••) the disposal are.a. t:ye lacat:.fw and grander of the Nord *h,e?? he a,?"bllehed by thLe eper{ment oir �'u�blic of tee Tmn df li. The �•;:;� `. i,Y t turt!ier a,,.rF.'ej to carry Usuranct policies ce;erir.�t Vie site ns fn1lo a a a. , A F'roperpty !IarAgee 'nskim,> ce. police in the amount of '50,OW.90 per accident .,nd .:1*100*300 0 Aaregatt, and, 'ublic aiah' 1:i.t ail _tt;r in the aem.mmt of .41W,C00.00 p{;r ;,ceraon and .',2;30,'�st�.:"' per arcai+i ent* and, a ►tfurt.JorA j $ .0� twaraI+.as the l wwr: ,r-y slal,t,s, cl a'.ms or ?1-a',�i:i,9�1era� or dasage$ to peravnr arising 0144, a.? then �It:e of said, dimposa , alto, The further agren`j o f tmr,ieh the Town Trnaraurer satisfactox3r e yi,.=ence tbot the two sa e? i.n�iura ice p een are =ra farce and et.:act. L,* The & 1:,<;;ax,.c agrco-) W_) accc tt, r-W)bish and trash delivered to the �i i R.A alto I)v t.ht, 'i oo;`l ii c )"Ieebt on whicles, and in addition the otot rahhi h ane txk� ,qh tarn;v a:. to tht SiV: 'by indIvidual residents of the i'0101 of Affaawan:s ;arlr the further agrees to do ttar ,sflreg.oi it for an er,iial Contract grjt* rt to mewed hg th- partion h-rato that private busbm" concerns E+ Saar *d in ruri,•sh or trash colloveti.ont na a cooWnial bosin, provided such ru. 'Ash or traah is picked up in the gown of Agavam, c,ay dirwpose of such .ator3almAt t tliepcseal site, an the ,following baaiat 3eeventy-five events (.7!'*) per t~ubtc yard of rubbieh nr tr*kimh '-All to '°laxiontam. Any ahimgna in tt:A a schect:.ls =5f tees Staab, be subject to the approval of the Agovim Roard of electmen. 15. '!hu . i#SA:ii:3'i t air s w ith a"',e 't i that it has a i.t&" estatee in fie, es for 3 UrIA Of 7418"► Ors eta valid esMVMt ►al agree"ist for the a" of the difi-p sal aelt for the durstioa ... this c�ttr�tat. . f is &p-*sd and between the pat►tua ber+eatoa t for Sown Will PAY to the '4"-'L an aarual "M+# egnao. 1te #P4.W for the rirst por of the centract,, as I.Wa Pvnt aQaal U. Q3.p 4.00'tor the second ' .of the ;antrac t p sn MuMMI a 3% oqual teM S% •00 for the tt ird year of the Qctatra c t, mount of *00 for the rr lrth year of ttw t ontr:ct, a eYi. annual smovat of 37,700.�r for. tho .Mtb freer of the CdOUVARte. poyable In *qral Mat-r nt[Yly i��s#.allorsntee.ass the 16th &ad 30th day at *sob a th, pmvided tbet auerk "pal sa d-Imthly imstalllAvatr $hall be of so *wmt aqu4 to 1/?hth .af the arAnal . aym+ant "nr Ww ybit of the rAct than in effect, 17. t in aid b7' and. between tbo partiater'her*,to that *U pro ionp c a"nants and agr0000nts hereinbt,fore contaitods ors aiterial preaiser covenants and agftems-t.e, aad thk w a bread if aTW of tIws sbala'.be . conridared o material brQoeh of erntrae'b. 3f "t is a ed by and ween the .pszrties hereto tUt,-sho4d tba T04N enter Into an agree vent wit-i t1as City of priWieldj, tabareby it i oft of rxabbi�l; and trash aaUeoUd by its without ate ehar„ep cost or oxppusa !;: ..- -L a:A tm' 'TCW3i MW tgninste this arrremwat vpW the gAVItif" o.." 1 ixtyr (fro) 4q4 Written natuo,of termination to the Coo i+4 u r` tT &]t! the ps7jWftti by fiSait TO" the .�Aso ,L;r.h of e 7 r, a -money egn.al to six -(6) month its eurder the term of this agra"rm.nt at the rate there is effeets ilA disc. (6 smuts Haut to be as liq Alftted doaags,e: far the tsriUwttia of Vw agmement prior too its fire 0'fir %m* , The six (6) amUw payment shall be in adds%ion to the regular psymnts Nos, for tb*. sixty f 6o1 day antfcre .period. Mai, to be affitod bareto and !base presents. to be signed in its °ate viO behalf b;» its Board of "'AqI.ec tmom and ary by fret* t.. rage*# PAWILdeet of Jobs7r Ente rives, IM., and:tw alr attorney, '►� g "t� ,t:3J1'�A�, him 9. t ,fir . $.ci: I ADDENDUM TO AGREEMENT This addendum is made to a certain agreement dated April. 1 , 1968 between JOBAR ENTERPRISES , INC. , hereinafter �I called the CONTRACTOR and the TOWN OF AGAWAM, hereinafter called the TOWN: WHEREAS, the CONTRACTOR and the TOWN entered into an t �€ agreement on April 1 , 1968 , for the establishment and operation of a sanitary landfill dump; and i. WHEREAS, there ham been changes in circumstances con- cerning the subject matter of the original agreement which was not in the contemplation of the parties including the enactment effective July 1 , 1970 of legislation against 4 outdoor burning and changes in the number and extent of }} available dumping facilities in surrounding communities , i ' NOW THEREFORE, in consideration of the foregoing and in consideration of the promises , covenants and agreements hereinafter contained, the TOWN and the CONTRACTOR agree j as follows : i 1 . Section 11 of the original contract shall be deleted and replaced with the following: "It is understood and agreed by and between the parties hereto that the Sanitary Landfill site shall be i t` operated solely for the benefit of residents and businesses in the Town of Agawam and businesses located in Springfield and West Springfield. Residents and businesses located in the Town of Agawam, except those private business concerns engaged in rubbish or trash collection on a commercial I A -2- basis , shall not be required to pay any fee or charge for i dumping privileges for normal refuse . Normal refuse shall mean refuse ordinarily generated by a household or busi- ness but shall not include house demolition, tree stumps or automobiles and similar items or material . Residents and businesses located in the Town of �I Agawam shall not bring in refuse generated from outside the Town unless a fee is paid to the contractor which fee shall be no less than the minimum charge made by the City of Springfield or the Town of West Springfield, whichever is lower. Businesses located in Springfield and West Springfield may dump refuse in the disposal area upon the payment of a fee to the contractor which shall be no less than the minimum charge made by the City of Springfield or the Town of West Springfield, whichever is lower. No garbage from any source shall be dumped at the disposal area. " 2. Section 14 of the original contract shall be de- leted and replaced with the following: "The contractor agrees to accept rubbish, trash, lawn clippings and shrubbery clippings delivered to the difpo'sal site by the Town, its contractors , agents or em- ployees ; the Commonwealth of Massachusetts and individual residents of the Town, provided such materials are generated in the Town of Agawam, and the contractor further agrees to do the foregoing for an annual contract payment. It is agreed by the parties hereto that private ' business concerns engaged in rubbish or trash collection on a commercial basis may dispose of such materials at the disposal site on the following basis : I One dollar ($1 .00) per cubic yard of rubbish or trash I� I f •3 w I� Any4anges in this fee schedul0shall be subject to !� the approval of the Agawam Board of Selectmen. This fee sche- dule shall also govern payments for refuse which is not normal or ordinarily generated as defined in Section ll . " 3. The parties agree that the annual contract payments still remaining under the contract of April 1 , 1968 shall be increased as follows : I Established Plus f Payment Increase of Apr.1 , 1971 to Dec. 31 , 1971 ,956 .00 Jan. 1 , 1972 to Dec. 31 , 1972 37 ,115. 00 110134. 50 Jan. 1 , 1973 to Mar. 31 , 1973 9,425 .00 2 ,827 .50 4 . JOBAR ENTERPRISES, INC, and the TOWN ratifies and con- firms all of the other terms , provisions and agreements con- tained in the agreement of April 1 , 1968 . IN WITNESS WHEREOF JOBAR ENTERPRISES, INC. has caused this agreement to be executed, accepted and sealed on its be- half by Frank A. Grasso , its president ; and the TOWN OF AGAWAM has caused this agreement to be executed, sealed and accepted in its name and on its behalf by its Board of Selectmen on this twentieth-seven/ ay of September, 1971 . JOBAR ENTERPRISES , INC. By - �74 i Frank A. Grasso , Its President TOWN OF AGAWAM # By oar o e ectmen f Signed and Sealed in the Presence of I� i� E� `I