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JOSEPH LOSITO - LAND FILL �� JOSEPH LOSITO/Land Fill �, A TOWN OF AGAWAM MASSACHUSE I I 404 � MW IPF ' BOARD OF APPEALS 2 AUG 23 AN t),, 42 D Mp DWSION OF BOARD OF APPEALS pm, August 18, 1982 ^� potmon of Joseph P. Losito Premises 4 cW Rear 595 Mill Street Case #100 The original Special Permit for this parcel of land was granted by the Board of Appeals on June 30, 1971, Case i#721. The permit was extended for a series of additional 2 year periods by the Board of Appeals in 1974, 1976, 1978 and 1980. On July 8, 1982, a public hearing was again held at the request of the petitioner, Iir. Joseph P. Losito, for the purpose of granting another extension of the Special Permit. The Board weighed carefully all the facts presented at the said public hearing, and also reviewed the stipulations set forth in the original Special Permit. The Clerk of the Board, at the time of the original application, researched the many deeds on the parcels of land involved in this and other fill removal projects in the general area. I•Iany of the smaller parcels were divided out from larger acreage, and quite a few deeds do not indicate any method of ingress and egress. Some of these parcels have the use of a right of way designated as 595 Mill Street, Most of the old right of ways were utilized for logging, farming, and other non-commercial uses. it is the opinion of the Board that the owners of fill removal projects provide their own legal means of ingress and egress. The traversin1g, of other peoples lands on non-defined right of ways, and any other problems of legality pertaining to such, is a matter for the litigants and the courts to decide. The Board is not an arbiter of right of way, nor has it the power to authorize the use of any right of way for commercial purposes. It is within the power of the Board however, to prohibit the use of -any right of way that affects the health, safety, and general welfare of the Town of Agawam. Therefore, this Board specifically prohibits the use of the right of way designated as 595 Dzi11 Street for any fill removal or commercial project. The traversing of -this right of way by huge trucks carrying 20 to 30 tons of fill is definitely detrimental to the health, safety, and general welfare of one Anthony Pisano whose home is (1) one foot from this twelve foot right of way. TOWN OF AGAWAM TQW4,CLUK WiM MASSAC14USEM AUWAM. MASS. AUG 23 AN [P 42 BOARD OF APPEALS D tAp DECISION OF BOARD OF APPEALS Date August 18, 1982 p*uuon of Joseph P. Losito Premises affot%d Rear 59 Mil-3 Street CaB.e-- 1008--- - - Page 2 .» This Board does not prohibit the use of this right of way for normal non-business uses by the respective owners of these lands. The Board concluded the following in arriving at a judical decision: . 1. There have been no recorded violations of the existing Special Permit. 2. Since the granting of the original Special Permit the . fill removal operation has not yet commenced. 3. The easterly line of the petitioner's property abuts land now enjoying Special Permits for fill removal. Upon weighing all the evidence, the Board concluded that to deny the petitioner the right to remove fill from the premises, in as much as this would be the only benefit that could be derived from same, would impose a hardship upon him. Again any relief given the petitioner would not be detrimental to the public good as suitable control r:ieasures could be imposed to protect all concerned. Finally it was felt by the Board that in as much as the physical character of the immediate area had already changed due to the presence of at least two "fill banks" , that permitting an additional such bank under strictly enforced regulations would not substantially derogate from the intent of the Town Ordinances. Therefore, the Board of Appeals by unanimous vote, grants an extension of the Special Permit for the removal of fill as requested, subject to the following conditions: 1. The permit shall be for a period not to exceed (2) two years from the date of this decision. 2. The permit shall not become operative until, the Building Inspector has proof that the petitioner has filed with the Treasurer of the Town of Agawam, a performance bond in a Jok led �t TOWN OF AGAWAM MASSACHUSE 11 I . BOARD OF APPEALS &Z AUG 23 1WIh 42 D lAp DECISION OF BOARD OF APPEALS Dow Allmist IS- 19W Nwon of Joseph P. Losito prarmi., aid Rear-595 Mill Street Case #100a w Page 3 - form acceptable to said Treasurer in the amount of three thousand seven hundred and fifty (3750.00) dollars, 3. The petitioner shall comply in full with the requirements laid out in Section 20--8. General Provisions, Paragraph g-3, g--3a, g-3b, z-3c, g-3d of the Town Ordinances which deal wit, grades and topsoil treatment, excepting said Paragraph g-3b shall not be applicable in that part of the premises where a common property line exists with an abutter who also may be removing fill from his land by authority of a Special Permit granted by the Board of Appeals. In such an instance, fill in the vicinity of such a common property line, may be removed to a pre-- determined elevation agreed upon by both owners. A copy of any such agreement should be filed with the Board prior to any fill removal. 4. Adequate oil penetration shall be applied to the route of travel established by the interested landowners to eliminate any dust nuisance. 5. The petitioner and/or others interested in fill removal shall provide adequate protection to the Town of Agawamfs water line that exists within the limits of Franklin Street Extension, so called, to ensure no damage to same by truck traffic passing thereover. 6. No fill shall be removed from the premises before eight o'clock A,M. or after five o'clock P.M. 7. No fill shall be removed from the premises on Sundays or legal holidays. S. No mixing of other materials, such as salt, etc. , with the fill shall take place on the property, nor shall such materials be stored thereon. 9. The petitioner shall properly supervise the fill removal TOWN OF AGAIIVAM Tfht MASSACHUSEUS Atk Vikiy MASS. r BOARD OF APPEALS NZ AUG 23 AN 11. 42 Mp DECISION OF BOARD OF APPEALS D Date August 18o 19EZ_ Petition of. Joseph P. Losito Premises affected Rear._qg 5�T4i I I gtraat _ CaAA ;j1 MR - Page 4 - operation so that no sand or pollutants will eventually flow into any waterways located either on the petitioner's property or on the land of others. 10. All stumps, limbs and debris resulting from clearing preparatory to the actual fill removal shall be removed from the premises. Certification of the removal of said items grill be done by the .13uilding Inspector and become part of this decision prior to any removal. 11. The petitioner shall constantly maintain a passable right of '.;ray through 'the premises so as not to interfere with the reasonable rights of others in their legal use, if any, - such right of way. The grade of such right of way shall not exceed the maximum slope recommended by the Massachusetts State Highway Department in laying out state highways. Further, he shall maintain any such right of way so that the flow of any run-off water mall be constant and not be dammed up. 12. The petitioner shall be solely responsible for any damage caused to properties traversed during the period of fill removal. 13. Adequate traffic safety control of the trucks entering and leaving a public way shall be provided by the petitioner and/or his agent to protect the vehicular and pedestrial traffic on said public way. Any spill over of fill on to the streets shall be removed daily. 14. Upon completion of the fill removal operation, the petitioner shall grade the excavated area so that no stagnant pools of water will collect in said areas. 15. Also, any further requirements recommended by the Building Inspector and/or the Board of Appeals during the fill removal operation, which in their opinion is for the public good, TOWN OF AGAWAM MASSACNUSETTS � BOARD OF APPEALS AUG 23 AN 11. 43 DECISION OF BOARD OF APPEALS WEe August 189 1982 Pouuce oFyloseph_P. -a sit Premises a#eeked _ Rear_59�Mill Street _ Case_ 10QQ - Page 5 will be promptly acted upon by the petitioner. if the petitioner fails to take such proopt action, the Building Inspector may terminate she operation. 16. Evidence of a final determination as to a means of ingress and egress, agreeable 'to all concerned parties, must be presented to the Board prior to commencement of the operation. ��i�� 9/1 -0821 TOWN 4F AGAWAM a, MASSACHUSETTS o�na y 'ARD OF APPEALS Ott'. =,. q u>r !d i to Filed -- c,' aV.4 r7 D-als r Hearing Application to Board of Appeals for Permit to move loam, gravel, etc. Applicant i�ojb/Y c�` Address ! f Application is hereby made for permission to remove from the property owned by applicant, Premises affected are situated on �ea � l�treet, /4 b V feet distant from the corner of Street and known as NUMBER � Street. Property is Zoned as,,V?7e�,1J�-�� mm Area of plot affected is V43_'/40 square feet. Depth of proposed excavation is ger Ai)pt inches below present grade. Front line of plot is� 4 feet from street line, OF WAM MWN CLERK's OFFICE JUN 1 Rib g - Signs re of owner orWfs authorized 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 a mes 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................................. .. ... ....................... ...................... TUW14'.-�.U7AK TWICE BOARD- The following members attended the 7:30 P.M, see ting@82 JUL 23 AN IQ: Ski Theodore A. Progul eke - Chai i John Juliano, Vice Chairsumt Ronald LaRiviere, Clerk &2eal of o } F -Losito Fear s�ii11 Suet Cam 1008 Chairman Theodore A. Prog ,ske opened the public hearing by reading the as cas it appeared in the public npapers, air which the Chairman explained the format which the hearing vld take, Mr. Losito was then asked to address the Board relative to his request. Mr. Losito explained to the Board that he has enjoyed the Special Permit to remove fill for several years and had renewed." the same permit on past occasions. The existing permit, issued by the Board, was due to expire and he wished to renew again. Mr, Losito explained to the Board that he fully expected the encer- vent of wo- k on Route 57 extension soon, and he would be in a position to provide fill from his present site in accordance with the provisions of the exi.stirg permi. ". The "hairman interjected that the peritioner has enjoyed a 4pecial fill removal permit for several years, has not exercised its use, and perhaps a term of one year on the reneged permit should be con.;idered by the Board. Mr. Losito objected saying that he felt two years would be a 'fetter time frame within which to operate as construction would require at least that marry years and more. Board member, I'lonald LaRiviere, askec, 1'Ir. Losito to come up and re'view the site map with him so that he would better understand the location of the removal site as v,,ell as the means of ingress and egress and right of way. Mr. Ralph D'Amato of Old Mill Road and Mr. Anthony Pisano of TU11 Street voiced support of the petitioner-'s request. 'They were the only people in attendance. '.t'here were no objectors in attendance and no letters of obJection were received. Chairman Progulske explained the right of app l and explained fur thp.r the time frame within which the Board operates. The Chairman adjourned the public hearing at 7=50 P.M. Reap ct Y. zu tted C/VX& ''v� e, Minutes rec*4,ved: 7/19/82 d i re Minutes typed: 7/19/82 Clerk Minutes to Mrs. Rose Decision retie ved; Decision typed: Decision to Mrs, Rose: Decision mailed-. F TOWN OF AGAWAM - MASSACN USMS ro VJ N cj ; r�r n r—�c +` BOARD OF APPEALS 1988 JUL 1 , z h P,I 12. 33 r � �p DECISION OF BOARD OF APPEALS July�Date J 1 . 1980 Petition of Joseph P. hosito Premises affected mar 595 Hill 5treet Cas2,,.k260 The original Special Permit for this parcel of land was granted by the Board of Appeals on June 30, 1971, Case #721. The -Dermit was extended for an additional 2 year periods by the Board of Appeals in 19749 1976 and 1978. On June 5, 1980, a public hearing was again held at the request of the petitioner, Mr. Joseph P. Losito, for the purpose of granting another extension of the ipecial Permit, The Board weighed carefully all the facts presented at the said public hearing, and also reviewed the stipulations set forth in the original Special Permit. The Clerk of the Board, at the time of the original application, researched the riany deeds on the parcels of land involved in this and other fill removal projects in the general area. Many of the smaller parcels were divided out from larger acreage, and quite a few deeds do not indicate any method of ingress and egress. ;some of these parcels have the use of a right of way designated as 595 Mill Street. Most of the old right of ways were utilised for logging, farming, and other non—commerical uses. It is the opinion of the Board that the owners of fill removal projects provide their own legal means of ingress and egress. The traversing of other peoples lands on non.-defined right of ways, and any problems of legality pertaining to such, is a matter for the litigants and the courts to decide. The Board is not an arbiter of right of way, nor has it the power to authorize the use of any right of way for commercial purposes. It is within the power of the Board however, to prohibit the use of any right of way that affects the health, safety, and general welfare of the Town of Agawam. Therefore, this Board specifically prohibits the use of the right of way designated as 595 Mill Street for any fill removal or commercial project. The traversing of this right of way by huge trucks carrying 20 to 30 tons of fill is definitely detrimental to the health, safety, and general welfare of one AaLhoff+. Fisano whose home is (1) one Moot from this twelve foot right of way. This Board does not prohibit the use of this right of way for normal r^r—lbmirrm uses by the respective owners of these lands. f f TOWN OF AGAWAM - MASSACNUSMS A0wrsi� _ 3 BOARD OF APPEALS f r2 3 ATED ZAp DECISION OF BOARD OF APPEALS Date_ JuIY 17 x IM Petition of Jos P. Losito Promises affected Rom' 595 Mill Street — Page 2 -- The Hoard concluded the following in arriving at a Judical deCieion3 1. There have been no recorded violations of the existing Special Permit. 2. Since the granting of the original Special Permit the fill rwoval operation has not yet commenced. 3. The easterly line of the petitioner's property abuts land now enjoying Special Permits for fill removal. Upon weighing an the evidence, the Board concluded that to derW the petitioner the right to remove fill from the premises, in as much as this would be the only benefit that could be derived from same, would impose a hardship upon him. Again any relief gL"n the petitioner would not be detrimental to the pubUc good as suitable control measures could be imposed to protect all concerned. Finally it was felt by the Board that in as much as the pkWvical character of the immediate area had already changed dine to the presence of at least two "fill banks", that permitting an additional such bank under strictly enforced regulations would not substantially, derogate from the intent of the Torn Ordinances. Therefore, the Hoard of Appeals by unanimous vote, grarits an extension of the Special Permit for the removal of fill as requested, subject to the following conditionst 1. The permit shall be for a period not to exceed (2) two years from the date of this decision. 2. The permit ahall riot become operative until the Building Inspector has proof that the petitioner has filed with the Treasurer of the Town of Agawam, a performance bond in a form acceptable to said Treasurer in the am=u t of three thousand seven hundred and fifty (3750.00) dollar's. TOWN OF AGAWAM TOVIN -- MASSACHUSETTS $ OFFICE BOARD OF APPEALS 1980 JUL 8 p y H I2 33 DECISION OF BOARD OF APPEALS �4TE© tllP Dat• July 179 1990 Petition of -Joseph P,f Losito Promises affected _Rear 595 Hill Street __ _ -#260 _ Page 3 3. The petitioner shall comply in full with the requirements laid out in Section 2D-8, General Provisional Paragraphs &,-3, g-3a, g-3bt 9-30• 8-3d of the Town Ordinances which deal with grades and topsoil treatment, excepting maid Paraigraph g-►3b shell not be applicable in that part of the premises where a common property line exists with an abutter who also may be removing fill from his Land by authority of a Special Permit granted by the Board of Appeals. In such an instance, fill in the vicinity of such a common property line may be removed to a pro-4etarmined elevation agreed upon by both owners, A copy of any such agreement should be filed with the Hoard prior to any fill. removal. 4. Ads quate oil penetration shall be applied to the route of travel established by the interested landowners to eliminate aey Boat nuisance. 5. The petitioner and/or any others interested in fill removal shall provide adequate protection to the Town of Agswomis water line that exists within the limits of Franklin Street Extension: so called, to ensure no damage to same by truck traffic passing thereover. 6. No fill shall be removed from the premises rnfors eight o'clock A@K. or after five o'clock P.H. 7. No fill shall be removed from the prwiaem on Sundays or legal holidays. S. No mixing of other materials, such as malt, stc., with the fill shall take place on the property, nor shall such materials be stored thereon. 9. The petitioner shall properly supervise the fill removal operation act that no sand or pollutants will eventually flow into any waterways located either on the petitionerls property or on the land of others. lA. All stumps, Limbs, and cebris resulting from elearir.& preparatory to the actual fU1 removal shall. be removed from the premises. Certification f u TOWN OF AGAWAM MASSAC14USP-TTS TOWN Ole, ��' BOARD OF APPEALS 1960 JUL 18 PM12- 33 . .,e z� DECISION OF BOARD OF APPEALS 0 Data Jgy 17.5 i2w Petition of Joapph P Losito Premises affected _ Rear 595 lei 11 Street_ '(�� ! . - Page 4 - of the removal of said items will be done by the Building Inspector and become part of this decision prior to =W removal, ll* The petitioner shall constantly maintain a passable right of war through the premises so as not to interfere with the reasonable rights of others in their legal use, if wWj of mW such right of way. The grade of such right of ray shall not exceed the maximum slope recommended by the Massachusetts State Highway Department in laying out state highways, Further, he shall maintain air such right of way so that the flow of wW run-off rater shall be constant and not be dammed up. 12. The petitioner shall be solely responsible for wW damage caused to properties traversed during the period of fill removal. 13. Adequate traffic safety control of the trucks entering and leaving a a public ray shall be provided by the petitioner Wor his agent to protect the vehicular and pedestrial traffic on said public ray. Aria► spill over of fill on to the streets shall be removed daily. 3.4. Upon completion of the fill removal operationg the petitioner shall grade the excavated area so that no stagnant pools of water will collect in said areas. 15. Also, arW further requirements recommended by the Building Spector and/or the Board of Appeals during the fill rema"I operation, which in their opinion is for the public good, will be promptly acted upon by the petitioner. If the petitioner fails to take such prompt action, the Building Inspector may terminate the operation. 16. Evidence of a final determination as to a means of ingress and egress, agreeable to all concerned parties, must be presented to the Board prior to commencement of the operation. 7 /7 / $b 47 I ffi/go WARD OF APPEALS MELTIM June 1960 ELK=ALM al%.i=f.�mW�rt:l.i.ama sf aaass�.smamzxa asa..:mma¢am�st�a��ist�lsiartmses�d�� i The following members attended the 8:00 F.M. caeetings' John Juliano, acting Chairman Ronald LaRiviere, Clerk Ronald Hebert, Acting Vice Chairaan Appgal of Joaggh P. Losito Twar 595 Mill Street Case #960 Acting Chairman John .iuliano opened the, hearing at 8500 P.N. and explained to those people in attendance the format that the hearing was to take. At that point he asked the petitioner to state his case. Mr. Joseph P. Losito of 611 Fill &treet explained to the Board his reasons for requesting an extemion of Special Permit #923 for soil removal at the rear of 595 Mill Street. Speaking in favor of the petitioner were fir, Ralph J'Amato, Mr. Carlo Siniscalchi of 41 Ashman Street, Springfield, and [ors. Fred Guiel of 91 Ridgeway Drive, Agawam. Mr. Anthony Pisano of Mild. Street, Agawam spoke in favor of the granting of the extension as long as the condition prohibiting the use of the right of way at 595 Mill Street to heavy trucks ruins a written condition in the decision. Board member Ronald LaRiviere inquired as to alternate rights of wady, and after a brief question and answer session, Chairman Juliano brought the hearing to a close at 8:11 P.M. Eespectfullry submitted, :Rnald LaRiviere Clerk Minutes received: June 9, 1980 Minutes typeds June 9, 1980 Klmztes to Mr. Caba: Decision received: Decision typed: * Decision to Mr. Caba: Decision mailedi 8Z :Z Odd ' ! " & 61 TOWN OF AGAWAM q6 MASSACHUSETTS u�+p� BOARD OF APPEALS No. /61 Filed Hearin Application to Board of Appeals for Permit to move loam, gravel, etc. Applicant 9 Addrese 4fl / Application id hereby made for permission to remove Ci IL from the property owned by applicant. Premises affected are situated an — +LL-Street feet distant from the corner of Street and known as NUMBER dl?� Street. Property K is Toned ir Area of plot affected is J square feet. Depth of proposed excavation is Opp . inches below present grade. Front line of plot is �4j LL_ feet from street line. r - CD � Co .. T T�r M r� i CD iZ ( �- 1 Z -AA inarl g 1980 Of Appeals &Iasi 6D IX Sign re of 7yer or his autho zed Agent ru NOTICE, -- This application must be filled out in ink or typewritten. 1 THIS SIDE TO BE FILLED OUT BY THE ASSESSORS OFFICE Following is a list of names and addressee 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...... ................................................ .............................................. ................................................ ............................................. ................................................ ............................................. ............................................. ................................................ ................ .......................... . ................................................ ............................................. ...• .....• •0....• ........................ .............................................. ... .... ..................I....... .... ...................................... ................................................ ................................................ ............................... ................................................ ..........................................,.. ................................................ ............................................. ................................................ .............................................. ........... r N TOWN OF AGAWAM y � MASSACNUSr-.TTS BOARD OF APPEALS DECISION OF BOARD OF APP&M Raa Petition ai � -12.-Zoa4.10—._--_------_— -- Plemues sH.gt4 Rear of ii :Irget Case M _.. The original special permit easet 721 for this parcel was granted by the Board of Appeals on June 3}, 1971. The next extension for two -years was granted by the Board of Appeals on January 17, 1974 case#799. The third extension was granted by the Hoard of Appeals on June 21, 1976 case # 857. The Board met again at a public hearing dated June 149 1978. The Board ascertained there has been no violations recorded of the existing permit and all pertinent facts are the same as case #857. The Board of Appeals unaninously voted to grant a two year extension, from the date of the dtecision of special permit #857 for the removal of fill as petitioned and subject to the identical conditions as spelled out in case #857. lq�' O Z Ins 0 H M 0 1 a V. BIRD OFipfluu. XMINGI— JUL . -Wf Y na T Ihe el3a[iag att4pW tbW it P.M. me tJgr} r k # � ThecO** A. �� Chalman .Tenth Via, r d s isp, Joph R3r. s b�atoa #ke aMCLni a 01*1 b7s 3 tme. s* xae:r :Of An frtei -Up►ted' appro 593 . Tbi r it 'off to.pearl*,b1 trodutsiag a l {�� ate. a b3. .-0 hVpMaa�f�. ��e�yl�been oxp'1ainodp"Went the Fr+ r Lu It 10 At. pemit rimmed - 4t► s6ld awlfi* _� d ,ice• -, .. -r #s_ 0.: eR 4'. Miw.More elear-:rvi�deuoe that. � 4"VI%M operative in the.rear::fntteae;� — �' �n .77 Mr _\. .i�t fw' jftlu Pra$u�ke s . ,,Y" '. ti f tea a c __ opw,.- _r de of # 0f After' a Js 41squas1Qn eni about .the dond ?c n ; , of ray" a deter bred. in Me,watt deed. y 1 Y ti F Mr Progulake ■tined .the Boarde"p 1#,3,�►][� "a }L ! + l�d.'as �` �Y M ` The .Board of Appeals " iwt a�L•aii dktrator1 o! r3 '� s �►r —0, ha" the pw*er Ao iil* Iwr 316006 t' s r 3 , and "my it tote pr�b�io`: tllrn0¢e 4. Meetuz mdJo ' at g�w P.X, ,� b� _t�� r •� 1. [�3s 27, l 8" st : ,. ;. ' ,� t9 Y { Deetef1�oa� Deaieion l0 eion to Mr} 3 r �3 r TOWN OF ACC AM MASSACHUSETTS h BOARD OF APPEALS 16 S � l No. 1 i' MAY 15 1978 r Filed, /s- y jct.0 Hearing -- Agawarrl,l - i� ! Cv � Application to Board of Appeals for Permit to move ioam, gravel, eta. Applicant Y4 Address / " Application is hereby made for permission to remove from the property owned by applicant, Prerriiaes affected are situated on &!/Ltreet V feet distant from the corner of Street and known as NUMBER Street. Property Is Zoned as Area of plot affected is 12 7 r Qsquare feet. Depth of proposed excavation to , inches below present Rrade. Front line of plot is 1 110 feet from street line. Signet a of owner or his authortzela Agent NOTICE: -- This application must be filled out in ink or typewritten, TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 yc� r Tel. 413-786-0400 D�P HOARD CW APMLS Jaw 209 1.9% Mr. Joe"* I0ito Imo. Mill Strest Reding Hi I 1 0 Kwwo Ol Dear Xr* Doeitoo Please be mdrrised that the corrected momt of bong rrqud,� for yvw fiU r me ml request (Carve #057) viU be t39000oOD rather than t39750.00 ae s ated m the r docUdm by We Hoard• sue: To A, ProSmIda Chatffl s TAP/fs QT �� �ypC 91.61 'Ss! . 00 op TOWN OF AGAWAM 40 0W MASSACNUSMS �9 4 BOARD OF APPEALS 4? ' �Ma DECISION OF BOARD OF APPEALS pet+ June 210 1976 Petition of Joseph F. Losito Premises affected Rear 595 Mill Street Case#857 The original special permit for this parcel of land was granted by the Board of Appeals on June 30s 1971. Case #721. At another public meeting this special permit was again extended for (2) two more years by a decision dated January 17s 1974. Case #799. On Saturday, April 10v 1976s the Hoard members and the principals involved in the land met at the site and discussed methods of ingress and egress. At the hearings held on January 21s 1976 and May 5 hearing and at the "on site" hearing, ninety per cent of the conversation was about right-of-waff and of possible methods of ingress and egress. Disagreement was paramount amongst all the land owners involved. The Board weighed oarefully all the facts presented at the said public hearings and the physical evidence observed during "on site" inspections of the premises by each member of the Board. In additions the Hoard also reviewed the stipulations as set forth in the original Special Permit, The Clerk has researched mwW deeds on these parcels of land involved in this and other fill removal projects in this general area. Many of the smaller parcels were divided from a larger acreage and quite a few deeds do not indicate arW method od ingress or egress. Some of these parcels have the vase of a right-of-tray designated as 595 Hill Street. Most of the old right-of-ways Were utilized for logging: farming and other non- comercial uses. The Board states that it is up to the owners of any fill removal project to provide their own legal methods of ingress or egress. The traversing of other peoples lands on non defined right-of-wary and any problems of legality is a matter for the litigar$s or the courts to validate. This Board also states that it is not an arbiter of right-of-way nor has it the power to authorize the use of any right-of-May for commercial purposes. It is within the powers of this Board to prohibit the t of arW right-of-ray that affects the health, safety and general welfare of the inhabitants of the Town of Agawam. Therefore, this Board specific" prohibits the use of the right-of-wV designated as 595 Mill Street for arq fill removal or aoemaeroial project. The traversing of this right-of-way by hinge trucks carrying 20 to 30 tone of fill is definitely detrimental to the health, safety and general welfare A TOWN OF AGAWAM MASSACNUSP-TTS �a • lit BOARD OF APPEALS 9' DECISION OF BOARD OF APPEALS Date June! 214 33 6 Petition of Premises affected Haar 595 M 11 Straet Case #8,S7 Page 2. of one, Anthony Pisan whose home is (1) one foot from this 12' gray. This Board does not prohibit the use of this right»of-walr for normal noon business uses by the respective owners of these lands. The Board concluded the following that allowed them to arrive at a judicial decision: 1. There have been no recorded violations of the existing Special Permit, 2. Since the granting of the original Special Permit the fill removal operation has not yet ca�menced. 3. The easterly line of the petitioner's property abuts land now enjoying Special Permits for "fill removal." Upon weighing all the evidence the Board concluded that to dwV the petitioner the right to remove fill from the premises# inasmuch as this is the only benefit to be derived from same, would impose a substantial financial hardship on him. Again#arq relief furnished the petitioner would not be detrimental to the public good as suitable control measures could be imposed to protect all concerned. FirgLUyi it was felt by the Board that inasmuch as the physical character of the immediate area had already changed due to the presence of at least two Mill banks", that permitting an additional such "bank" under strictly enforced regulations would not substantAally derrogate from the intent of the Town Ordinances. Therefore# the Board of Appeal,ss by unanimous vote grants an extension of the Special Permit for the removal of fill as petitioned subject to the following conditions: 1. The permit shall be for a period not to exceed two (2) years from the date of this decision. 2. The permit shall not become operative until the Building Inspectfie has proof that the petitioner has filed with the Treasurer of the Trnm of Agawam a Performance Bond in a form acceptable to said Treasurer in the amount of Three Thousand Seven Hundred and Fifty (63r750.00) dollars. A 0 TOWN OF AGAWAM f �� MASSACHUSETTS % p BOARD OF APPEALS � % . 1 � �4TED Mp DECISION OF BOARD OF APPEALS / Date June 21 - 129 Petition of alassub P- lAmito Premises affected Rear 595 Mill Street Case #07 Page 3. 3, The petitioner shall comply in full with the requirements laid out in Section 20-$, General Provisianm, Paragraphs g"3, 8 3as g-36, 9-3cs V3d of the Town Ordinances, which deal with grades and top soil treatments. excepting said paragraph g-3b shall not be applicable in that part of the premises where a common property line exists with an abutter who also may be removing fill from his land after having received proper approval from the Hoard of Appeals. In such an instance, "fill" in the vicinity of such a common property line may lire removed to a predetermined stlevation agreed upon by both owners. A copy of arq such agreement shall be filed with the Board previous to arjy such removal. 4. Adequate oil penetration shall be applied to the route of travel established by the interested landowners to eliminate arV dint nuisance. S. The petitioner and/or others interested in "fill" removal, shall provide adequate protection to the Torun Of Agawam's water line that exists within the 11mits of Franklin Street Extension, so called# to ensure no damage to same by truck traffic passing thareover. 6. No "fill" shall be removed from the premises before eight (8) o'clock A.M. of after five (5) o'clock P.M. 7. No "fill" shall be removed from the premises on Sundays or legal holidays. S. No mixing of other materials, such as salt, etas with the fill shall take place on the property and no such materials shall ve stored thereon. 9. The petitioner shall properly supervise the fill removal operation so that no sand or pollutants will eventually flow into any waterways located either on the petitioner's sail property or on land of others. 10. All stumps, limbs and debris resulting from cleariM preparataig to "fill" removal shall be removed from the premises. Certification of the removal of said items will be dome by the Building Inspector and become a part of this decision prior to any such removal. 11. The p •titioner shall constantly maintain a passable right-of-+'ray► through the premises so as not to interfere with the reasonable rights of others in their legal use, if any, of any such right-of-ray. The grade of any such right-of-way shall not axoeed the maxi mm slope recommended by the Mass. State Highway Dept, in laying out State highways. Furthers he shell maintain arq such right-of-way so that the flow of any runoff crater shall be constant and not damned up. TOWN OF AGAWAM q ' - MASSACHUSETTS BOARD OF APPEALS y? ¢ `�Zo MP DECISION OF BOARD OF APPEALS Date June 21 s_1rb __--- Petition OF _ JasephP. ito Premises affected Rea' 595 Mill Street Case #857 Page k= 12. The petitioner shall be solely responsible for aw damage caused to properties traversed during the period of removal operation. 13. Adequate traffic safety control of the trucks entering and leaving Mill Street shall be provided by the petitioner, and/or his agents to protect the vehicular and pedestrial traffic on said public ways Arq spill over of till on streets shall be removed daily. 14. Upon completion of the fill removal operation, the petitioner shall grade the excavated area so that no stagnant pools of water will collect in said area. 15. Also, any further requirements recommended by the Building Inspector and/or the Board of Appeals during the removal operation which, in their opinion# if for the "public good" will be promptly acted upon by the petitioner. If the petitioner fails to take such prompt action, the Building Inspector shall close the removal operation darn. lip Rig P11 k � AB 9g �FR� �rp Q p Cs�a�gFflFF too tog IV f .of rw ale r 9 g }' j� ���1 `i� ��srf����Fr�} �F441 � F� T S -7. P FqP BOA Or APPAW IT a meomd at each that rmarkld ash a Wedo loval he oodd graft his pawed to. ?MS pr =ox &imddm has mmlted in Ma bavft is r a 06000*00 bead. Mr, Pam eitsd to Mr, D*Amstanhe ��id �moss promlree ukla to Un DdIdIft Impactor and to imyme2f 0 such as tlm bwwdm deep ma►tor im peace mKO mmee din f°ilUm&,Ou sty burUd is for sav#n, thaw itese halve zwt Pet been cor"et"o R' l(r. ROMU bit out the feast that 1Kro LIBMIA aboat the dwmt b r the fill trod a and the poor na eaea t of the reed. Mrm Beeat3 vants the tilas feet rat of mw is Ids Liand ad obbw lamb dsf ued ledaW* This eeeld require a owvsy and l+rgroet. 10 am Wawa. to per for this en vicar iKro Zerm b=vgft out the fret that Jobn Rosati almo has the leypal arm of this "s roar liu armot rat of rW„ Mr, Iaoite brvt%bt out the fmt that the wigLmllove" aid ' 61 lim d to crew Willa SmithIs Lund wit be lamtede. No Mae felt tbAktr 3f Me porodt wer to be dmdAd they the wboU oper►'tim at *U the fill a omm be also lr. PregdAhe elm" the Aedift br stating t .Vat board has 60 dqs from tJw OW of the loWl ad to raider a doeialm4 had that =Wow sVIoVed by the DmWVa decision shsu2A seek Lgal advise.and fat uittAn the bnWq da" i t* the dMiSSAfto liWA se "Maysd - MAW moi ]Lg% UP" -- MV ut 19% HINStM to Kr* C b*s,7-7 c: Beata al m toped - Decision s ecoly d - Dmd*Ua availed - DeaiarIm to into Cabot �. J i � ✓ BOARD OF APPEALS M 'TI,W t The following members attended the 7:30 P.M. s6etir:g n 31 T.A. Progulske, Chairman John Shaughnessy: Vice Chairman Jerry Zerra, Clerk Appell of Jose h Losito -§&Feet Case 8 The petitioner comes before the Board seeking an extension. of a special permit to allow fill removal at rear of 595 AjU Street, Tne Chair opened the hearing by introducing the members and reading the notice of the public hearing. He then explained the procedure the hearing will follow and called upon the petitioner to present his case. Yx. Losito: Reason for requestito extend an expiring permit as :gequired. Mr. Progulske: " You have never produced a bond on the last two permits." Mr. Losito: " I will post a bond when fill removal is started. There is no market for fill at this time." Mr. Progulske: 'Do you have a written agreement with Carmella Smith and Mercadante to cross into Ralph U'Amato's tract of laced? " Mr. Losito: No, I don't. You informed me at the second meeting we had, on a prior fill removal,that no agreement was reached by all parties concerned about the use of this road." Mr. Jobe Shaughnessy: "If you decided to remove fill, how would you do it?" Mr. 1.osito: " I have several nays of going out. I could sell it to J. Rosati or I have aY own way of going out. I have a 50' right of way between two houses that I own and aW cousin, Tony Pisano, will give me permission to cross his land and use this right of way." Mr. Progulske: I would remind you that on the permit dated 1974, egress and ingress shall only be: on land of J. Awati exiting at 537 Mill Street as sett forth in a letter of Atty. J. Teahan, dated October 30, 1974." Fir. Lasito: "1 don't know anyttdxig about t iat letter except when you game me a copy. I did not sign arty agreement," Mr. Progulske: "In view of the history of this situation about this fill removal from this area since: 19600 it is important to came to saw agreement on ingress and esma. This Board takes a dim view of using the 12' right of way that comae within one toot of Mr, A. Pisano's hQM.n Mr. Losito: "I would not use this right of way." Mr Progulske: "Then the two other methods would be to use Rosati's right of way or over Carmel a S th's land and on tb Ralph D'Amato's land?" Mr. Losito: " It depends whether I sell to Rosati or ours and who the truckers might be. I was under the impression that in the owl fill permit the rights to lain use would be valid until all fill was removed from this area. You then told us, at the second hearing, that this agree— ment expired." ! ! ! ! �5 WARD O APPEALS 1►=nIG d ICE allow Page 2. # 1; 31 Mr. Zerra: " I want to know more about this 50' right of way." Mr. Losito: " I own a 62 + lot and I can connect to the right of my at about 700' back from Rill Otreet. Mr. Pisan said he would give me permission to use his land for cross over purpose. I gust avant sy permit rdnwed to I can be reader when the fill market is good." P:r. jhaughnessy: "Ihe permit should be worded so that Losito uses his land or Rosati is and not be limited only to one method of ingress wid egress." Board and petitioner agreed to defer action untie. an "onsite" inspection in the spring could be affected. itearing postponed to =nth of April" IW6. ,Hearing adjourned at 8t50 P.M. Respectfully submitted, rdprrly ! ra/� �L erk Minutes Received — April 9, 1976 Minutes Typed — April 12, 1976 Minutes to Mr. Caba — 7� Decision Received — Decision Typed — Decision to Mr. Caba — Decision Mailed — 00 7_ TOWN OF AIRAIRAM MASSACHUSS17S DI BOARD OF APPEALS No. ,. .GLli27 Filed Hearing Application to Board of Appeals for Pe it to move loam, gravel, etc. Applicant % w Address &19 Appl tion is hereby made for permission to remove from the property owned by applicant. Premises affected are situated onAMAn f"- Street_ t/ v feet distant from the corner of Street and known as NUMBER� treet. Property R is Zoned as i A� lot affected is � of p 720 square feet. Depth of proposed excavation is � V yes es below present grade. Front line of plot is /4 ^� feet from street line. CV C 3 c� v LIJ r nt b V '! Sig ure of owner or his authorized Agent NoT[CE: -- This application must be filled out in ink or typewritten. A .3 ! TOWN OF AGAWA#i jr MASSACH USIMS BOARB OF APPEALS DEC! LON OF BOARD OF APPEALS Q ov t Nit— imauM Petition of Joseph p� iitcs _�` _r Premises affected AW 595 Kill_Street Case f799 The petition of Joseph P. Losito is for the extension of a Special Permit to remove fill granted by the Board of Appeals on June 30s 1971, Case M, At a public hearing held July us 1973s Joseph P. Losito stated that since the granting of the original permits he has not commenced the fill removal operations and that it would be at least three to four years before he could remove all fill on the, promises. On January 4s 1974s the Board weighed carefully all the fact* pxreseaLed at the said public hearing and the pbysical evidences observed during "on site" inspections of the premises by each member of the Board. In as+ddition& the Board also review" the stipulations as set forth is the original Special Permit, The Hoard concluded the following that allowed them to arrive at a Judicial decisions 1. There have been no recorded violations of the existing Special Permit, 2, Since the granting of the original Special Permit the fill removal operation has not yet conamwed 3. The vasterly line of the petitioner's property abuts land now enjoying Special Permits for "fill removal." Upon weighing all the evidence the Board concluded that to deny the petitioner the right to remove fill from the premises, inasmuch as this is the only benefit to be derived from names would impose a substantial financial hardship on him. Again, ww relief furnished the petitioner would not be detrimental to the public good as suitable control measures could be imposed to protect all concerned, Finallrys it was felt be the Board that inaamuch an the physical character of the immediate area had already changed due to the presence of at least two "fill banks", that permitting an additional such "bank" under strictly enforced regulations would not substantia14 derogate from the intent of the Town Ordinances, Thereforo, the Board of Appeals by unanimous vote grants an extensions of the Special Permit for the removal of fill as petitioned subject to the following conditions: TOWN OF AGAWAJPAN MASSACHUSETTS +� BOARD OF APPEALS f �� MPy�1 DECISION OF BOARD OF APPEALSd:F Dab Janus Y� L Potition of ..Zg yh R — 3tta — — — Promises affected --."Ar r95 to Stra< .t Cage #299 «2� 1. The permit shall be for a period not to exceed two f2) fears from the date of this decision. 2. The permit shall not become operative until the Building Inspector has proof that the petitioner has tiled with the Treasurer of the Twan of Agawam a Performarnce Bond in a form soceptable to said Treasurer in the amount of Three Thousand (OsO00.00) dollars. 3. The petitioner shall comply in full with the requirements laid out in Section 20-8, General Provisions, paragraphs g-3s 9--3a* 8-36► 8 3a, g-3d of the Torn Ordinances, which deal with grades and top soil treat- ments excepting said pampaph g-31b shall not be applicable in that part of the premises where a common property line exists with an abutter who also may be removing fill from his land after having received proper approval from the Board of Appeals. In such an instance, "fill" in the vicinity of such a common property line may be rsmared to a predetermined elevation agreed upon by both owners. A copy of arq such agreement shall be filed with the Board previous to such removal. 4. Ingress and, egress for the removal of "fill" shall be only across the ]and of John F. Rosati# exiting at 537 HUI Street as set forth in letter of October 30, 1973 from Attorney JohD J. Teahan. 5. Withdrawal of one signature from the Travel agreement with John F. Rosati in the future will void the agreement in the eyes of the Board. Removal of "fill" will then stop until the Board approves a substitute right of travel way. 6. Adequate oil penetration shall be applied to the route of travel established by the interested landowners to eliminate any duet nuisance. 7. The petitioner and/or others interested in "fill" removal shall provide adequate protection to the Town of Agawam's water line that axists within the limits of Franklin Street Extensions so called, to ensure no damage to same by truck traffic passing thereover. TOWN OF AGAWAVO _� _„ MASSACHUSETTS - ' w F+ BOARD OF APPEALS ' DECISION OF BOARD OF APPEALS ATED MR Date Jantiaiy 1� 'lift . ."- Petition of_ Jb eph P. Losito Premises affected Rom' 595 Mill Street Case #799 —3- 8. No "fill" shall be removed from the premises before eight (8) o'clock %.14. or after five (5) o'clock P.M. 9, No "fill" shall be removed from the premises on Sundays or legal holidays. 10. No mixing of other materialsp such as salt, eta., with the fill shall take place on the property and no such materials shall be stored thereon. 11. The petitioner skull properly supervise the fill removal. operation Leo that no sand or pollutants will eventua,14 f'lor into any waterways located either on the petitioner's said property or an land of others, 12. All stumps, limbs and debris resulting from clearing preparatory to "fill" removal shall be removed from the premises prior to arW such removal. 13. The petitioner shall constantly maintain a passable right-of-wady thraugh the premises so as not to interfere with the reasonable rights of others in their legal use, if anyp of any such right»of-wy. The grade of any such right-of-way shall not exceed the maximm slope reanaonded by the Mass. State Highway ]Sept. in laying out State highways. Further$ he shall maintain any such right-of-way so that the flog of any run off water shall be constant and not dammed up. 14. The petitioner shall be solely responsible for any damage caused to properties traversed during the period of removal operation, 15. Adequate traffic safety control of the trucks entering and leaving Mill Street shall be provided by the petitioner, and/or his agent# to protect the vehicular and pedestrian traffic on said public my, 16. Upon completion of the fill removal operation.0 the petitioner shall grade the excavated area so that to stagnant pools of water will collect in said area. TOWN OF AGAWAJP* qvl - MASSACHUSETTS BOABB OF APPEALS y �opy`1 DECISION OF BOARD OF APPEALS ATE0 Data Jan�'r 17s 1974 Petition of ins h?-•-TAo ito. Premises affected _ Rea,t 525, ,Hill Street _ _, (In is #299 _4- 17. The petitioner shall cause to have recorded in Hampden County Registry of Heeds a "Notice of Variance" form furnished by the Board. The Uriance shall not become operative until the patiitioner has furnished proof to the Building Inspectors the Zoning Officer of the Toms that such recording has taken place. 18. Finally, $ray further requirements recomwonded by the Building Inspector and/or the Board of Appeals during the remoral operation xhichs in their opinions is for the "public good" will be promptly acted upon by the petitioner. If the petitioner fails to take such prompt actions the Building Inspector shall close the rewval operation down, ALL 1•af- ox Y 'kµ 5:15 F.K. Case OW Joseph F. Lasito Hear 595sXill street Attending: T. A. Proguiskee, Chairma J. J. Juliano, Vice-i rWdxman J. P. Shaughnessy, Alternate The Board reviewed the evidence presented at the public neeting, held July 11., 19733, as well as physical evidence observed during an "on site" inspection of the prem�- ises by each member of the Hoard. In addition the Board also reviewed the eetipula- ti.ons as set forth in the original special Permit. The Board concluded: 1. Where bane been no violations of the existing Special Permit. 2. The fill removal operation authorized under the original, Special Permit has not commenced. 3. The easterly line of the, peetitionarrs property &bunts land now enJawing Special Permits for "fill removal." 4. The possibility of any confliction& conservation wise, such as water pollution and washing of sand from the 'Mill bank" into Silver Lake had bow given serf- aus thought by the Board previously when considering C 8o #7U. At that time it had been determined that it such ever occurred the Agawam Conser atim Comm- ission would act under its authority. Upon weighirEall the evidence.* including the objection by Isar Ramah of 325 Cooper Street, the Board concluded that to deny the petitioner the right to caution to remove fill from the premimas, inrush as this is the =4 benefit to be derived from same, would impose a substantial financial hardship an him. Again, arty relief furnished tine petitioner would not be detrimental to the public gored as suitable control measures could be imposed to protect all concerned. Fi Allry, it was felt by the Board that inasmuch as the pkmi,c;al character of the immediate area has already changed duIe to tho presence of at least one other "fill bank", that permittiAg an extension of the Special Feeraft tender strictly enforced regulations would not substantially atarogatee from tbe intent cf the Zoni ;-By-Lax. Therefore, the board of Appealsv by unan:imDw vote grsa** an aextemi.on of the 4peaial Permit for the removal of fill as petitioned, not to exceed a ,period of two ye:aarsp 4d subject to conditiana that will be described in the "Decision of Board of Appeiao." r�pec�ful.�` i�►ubteitted, Copy of vision to John , Acting Clerk lost' Ramahs 325 Cooper St. 00 . } � 11iI•: r�A� _ ,• r �� max,✓4�Lj,}'���(��. tiC � BVA n c� AP MA-0 0 0 7 91 The following ambers attended the 0:00 P.M. hinge T. A. Progulske, Chairman J. P. Shaughrwaay, Acting Clerk Mimi, of dose L—OSW Hear 295 Ma St The hearing was opened at 8300 P.M. to hear the request of Josapb P. Losito for a permit extension for fill rival on property located at the rear of 595 Mill St. Mr. Losito spoke on behalf of himself stating that he would like an extension of five years rather than two years as granted gore. The ream= being his property would be the last piece of property to have fill removed and to save the Board and himself time from having to come before Board again in two years. The Board questioned Mr. Losito if he would be disappointed if the Board am fit to grant a two year permit and Mr. Losito replied no. The Hoard questioned if arW fill had been moved during the previous two years. The reply was none had been removed . With no further questions those present in favor were Anthony Pisanos Ralph DeAmato and John Rosatti. Mr. Rosatti mentioned problems concerning the road used to takeifill out at this time. Not in favor was Tsar Ramah. He said no permits should be issued until his court a" is firialised. The Chair adjourned the meatin; at 8:20 P.M. Ra3pectfully submitted j, i John P. Shaugnessyq Acting Clark Copy of decision to Isar F. Ramah 325Gooper St. Agawar4 Mass.s Q1001 Minutes received - 9/13/73 Minutes typed -- 9/20/73 Minutes to Hr. Caba- Decision Duccsived Vision Typed Decision Mailed - Registered !tail - Decision to Mr. tuba - TOWN OF JRSAM % MASSAC14USETTS Ma BOARD OF APPEALS No. Filed Hearin Application to Board of Appeals for Permit to move loam, gravel, etc. Applicant Joseph P. Losito Addreas� 611 Mill St. F� eed.ing Hills Application is hereby made for permission to remove fill from the property owned by applicant. Premises affected are situated onrear 595 Yd-1i Street 1600 feet distant from the corner of Mill Street and known as NUMBER 59� MUll Street. Property rear is zoned as__ Agriculture _T Area of plot affected is 87,570 square feet. Depth of proposed excavation is app. 25 feed inches below present grade. Front line of plot is 1600 feet from street line. T wish to request the extension of permit #221___ for removal of fill from the above mentioned property. �V AGAWAM BUII4DING DEPT, tgnaty a of owner or his authorized Agent NOTICE- -- This application must be filled out in ink or typewritten. Aa TOWN OF AGAWAM JL�I. 2 '71 AM ---= MASSACHUSMS Jo BQABB OF APPEALS -*� pRD 1�p�, DECISION OF BOARD OF APPEALS '"'6r'"'s 1OVVN OF AOAVVA.M 7UYN 'S OFFICE Date __C a C 9FK Petition of Joseph P. Losito Premises affected _ .tear 595 _.iU 6tre.et _ _ _ Case #?21 The petition of Joseph P. Losito requested a Special Permit under Section 16 (g) of the Zoning by--Law to allow removal of fill from the property located to the rear of 595 bill Street. Mkt a public hearir4g held February 17, 1971 the petitioner explained to the Board that he wished to remove fill from the premises but would be unable to do so and meet the present dy-Law requirements. A an ecuti.ve leeting held 'May 5s 1971 the board weighed carefully all the facts presented at the said hearing and the pi#sica,l evidence observed during an "on situ" inspection of the premises. The bo-�,rd felt the following major consider4tions allowed them to arrive at a 'Judicial decision: 1. The petitioner's land, comprising of approximately 1.98 acres, is located several hundred feet southerly of said Mill Street, having no street frontage, and is reached by use of travel ri.,;hts over land of others. 2, It would be impossible for the petitioner to develop the premises due to its physical location and lack of acreage. 3. A "fill bank" operations not properly supervised, could prove to be an inconvenience and nuisance to the neighborhoods however, permission for such an operation could carry control measures severe enough to provide ample means of protection for all affected parties. 4. It is a well known fact that the extension of the State highway known as "Rte. 57 by--Pass" will be located either through or in the near vicinity of the petitioner's land and that of his abutters. 5. The above mentioned "on site" inspection revealed the remains of a sizable 11fiU bank" located easterly of the petitioner's premises, former2,7 operated by one, Aalph D'Amato. 6. The possibility of any confliction, conservation rise, such as water pollution and washi.n4; of sand from a "fill bank" into Silver Lake had been given serious though by the Board previously when considering Case #696. At that time, it had been determined that if such ever occurred the Agawam Conservation Commission would act under its authority. a �3 I . FA ` TOWN OF AGAWAM ?ik1, a '7 I AM -- - MASSACHUSETTS �• BOARD OF APPFALS ' pRApp� DECISION OF BOARD OF APPEALS Data une _ , 1971 Petition of Joseph P, Los to Promises affected _._hear 595 Mill Street w _ Case #721 Page 2 Upon weighing all the evidence the Board concluded that to deny the petitioner the right to remove fill from the premises, inasmuch as this is the only benefit to be derived from same, would 1,mpose a substantial financial hardship on him. Again, any relief furnished the petitioner would not be detrimental to the public good as suitable control measures could be unposed to protect all concerned; in addition, the Board acknowledged that the said "Rts. 57 By6-Pass" would possibly sever the premises of the petitioner and several abutters sometime in the futures thereby creating substantially more hardship to the area than the operation of a "fill banks would for a limited period of time. Finally., it was felt by the Board that inasmuck as the physical character of the immediate area had already changed due to the preeseme of at least one "fill bank"., that ,permitting an additional such "bank" under strictly enforced regulations mould not substantially derogate from the intent of the Zoning By-Law. Therefore., the Board of Appeals, by unanimous vote grants a Special Permit for the removal of fill as petitioned subject to the following conditionst 1. The permit shall be for a period not to exceed two (2) years from the date of this decision. 2. The permit shall not become operative until the Building Inspector has proof that the petitioner has filed with the Treasurer of the Town of Agar m a Performance ]fond in a form acceptable to said Treasurer in the amount of Three Thousand ($3000,00) Dollars. 3. The petitioner shall comply in full with the requirements laid out in Section 15, General Provisions, paragraphs g-3, g-3as g-3bs g-3c: B 3d of the Zoning By.-Laws which deal with Lrades and topsoil treatment, excepting said parabraph g»-3b shall not be applicable in that part of the premises where a acmon propmbjry line exists with an abutter who also may be removing fill frm his lanai after having received proper approval from the Board of Appeals. in such an instance, "fill" in the vicinity of such a common property line may be removed to a predetermined elevation agreed upon by both owners. A copy of any such agreement shall be filed with the Board previous to any such removal. FA TOWN OF AGAWAM MASSACHUSETTS AM BOARD OF APPEALS DECISION OF BOARD OF APPEALS; a Date_^ June 3000� 12n Petition of Joseph P, Losito Premises affected aear 595 Hill Street Case �721 Page 3 4. Ingress and egress for the removal of "fill" shall be only across lands of John GuAtel, Frederick and iialph Dl kmsto and Garmella Smith at &I to and from Mill Street, in the vicinity of the driving range, so called. 5. The petitioner shall furnish the Board an executed copy of the right of travel agreement entered into by the interested abutters before the said permit shall, become operative. lrithdrawal of one signature from same in the future will void the agreement in the eyes of the Board. .removal of fill will then stop until the Board approves a substitute right of travel way. b. Adequate oil penetration shall be applied to the route of travel established by the interested landowners to eliminate any dust nuisance. 7. The petitioner and/or others interested in "fill" removal shall provide adequate protection to the Town of Agawam's water line that exists within the limits of Franklin Street Extension, so called, to ensure no damage to same by tv=k traffic passing thereover. S. No "fill" shall be removed, from the premises before eight (8) o'clock A.M. or after five (5) o'clock 9. No "fill" shall be removed from the premises on Sundays or legal holidays. 10. No mixing of other materials, such as salt, etc., with the fill shall t ako place on the property and no such materials shall be stared thereon. 11. The petitioner :shall properly supervise the fill removal operation so that no sand or pollutants will.eventually flow into any w aterriays located either on the petitioner's said property or on land of others. 12. All stumps,, limbs and debris resulting from clearing preparatory to "fill" removal shall, be removed from the premises prior to any such removal. 13. The petitioner shall constantly maintain a passable right-of--wig through the premises so as not to interfere with the reasonable rights of others in their legal use, if any, of any such right-of-way. The grade of arq such right--of. way shall not exceed the maximum slope recommended by the Mass. State Highway Dept. in laying out State Highways. Further* he shall maintain any such right-of-way so that the flow of any run-off water shall be constant and not danoed up. t, FAQ TOWN OF ACAWAM JUL 2 '71 AM MASSACHUSETTS BOARD OF APPEALS C76 DECISION OF BOARD OF APPEALSOWN p .7 Date 7rJuner �r`11�� Petition of Joseph P. Losito Premises affected Rear 595 Mill Street Case #721 Page 4 14. The petitioner shall be solely responsible for any damage caused to properties traversed during the period of removal operation. 15, Adequate traffic safety oontrol of the trucks entering and leaving Min Street shall be provided by the petitioner anti/or his agent to protect the vehicular and pedestrian traffic on said public gray. 16. Upon completion of the fill removal operations the petitioner shall grade the excavated area so that no stagnant pools of water will collect in said area. 17. Finally., any further requirements reco anded by theBuilding Inspector and/or Board of Appeals during the removal operation whicks in their opinion,, is for the "public good" will be promptly acted upon by the petitioner. If the petitioner Calls to take such ;prompt actions the Building Inspector shall close the removal operation dowry. t , Gas TOWN OF Ai AM MASSACHUSMS aMa� BOARD OF APPEALS No. Filed Hearing Application to Board of Appeals for Permit to move loam, gravel, etc, Applicant Joseph LOsite Address611L Hill Sty, Feeding Hills!, - - Mass. Application is hereby made far permission to remove fill from the property owned by applicant. Premises affected are situated on reaw 595 Mill Street lbw feet distant from the corner of Mill Street and known as NUMBER 595 Mill Street, property Is Zoned as Agriculture Area of plot affected is 87,5 f 0` square feet. Depth of proposed excavation is !g '• 25, fe inches below present grade. Front line of plot is 1600, feat from street line. 5tgnat a of owner or his authorized Agent NOTICE: This application must be filled out in ink or typewritten. BOARD CF APPEALS �WTII"4 February 17, 1971 r The following members heard the 7:30 P.M. Meeting- T.A. Progul.ske, Acting Chairman John Juliano, Member J.P. McMahon, Jr., Work ApMal,01 Joseph P. Losito Kill Street Case #L21 The petitioner is seeking a special permit under Section 16 (g) of the Zoning By-Law to allow the removal df fill from the property located to the rear of 595 Mil- Street. The front line of the plot is located 1600 feet more or less from the southerly street line of Kill Street. Four persons attended the hearing. The Chairman first introduced the Board members, then read the required legal notice of the meeting, towhich there were no objections. He then mcplaizwd the procedures laid dorm by the Board for holding public hearings, The Chair then called upon the petitioner to present his case. Mr. Losito, referring to Assessor's plan of overall area to the rear of Mill Street, "This is my parcel of land approximating 2 acres. I believe I can prone batdship as the Board ban already grantedwone •special permit to reprove fill and has two other applications pending. There are only two more parcels contain-iig fill left, mine and the DsAmato parcel. The Route 57 By--Pass is planned to pass through this area making the land valueless for anything but fill.. I will answer any questions the Board might have." The Chair, "I notice a reference to an "old road" in your deed: what old road is this?" The petitioner, "This is a road that has always been there, it has been mentioned in the previous hearings and is described in my dead as shown on the plan and it cannot be relocated although it varies a little bit as you travel it." The Chair, "Them this is the old road known as the right of way as previously described?" Mr. LQsito, "This old road was mentioned in a 1919 deed to ray father-in-law who knew exactly where right of way was located. The: plat of land is stone bounded and ban be so identified when tLe Board visits the site." The Clerk, ]$How much fill do you plan to remove?" Petitioner, # We plan to excavate approximately 25 feet, the same depth as everyone 03se." The Chair, "How do you plan to move the fail?" Mr. losit6, "By using the right of way mentioned in my deed and described in previous hearings." The Chair, "What rise vehicles will be used in rerwoving the fill?" Petitioner, "Same size as other owners use, the only way out to Mill Street` is by the Pisano residence unless everyone else gets together on a different route. '7 1 AM , s 6 BOARD OF APPFALS KEMNG February 17, 1971 Page 2 At this paint the Clerk pointed out to the petitioner that his deed description did not coincide with the engineer's plant filed with the Board. It was agreed the discrepancy would have no influence on the Board's decision. Member Juliano, "Could not a common route be worked out with the other petitioners?" Petitioner, "Nothing could be worked out, I repeat I believe I have a hardship came here as one petition has already been granted." The Chair asked for any outer dents in favor of the petition, there were none. He asked for any opposition and there, also, was none. I. Ramah requested permission to see the petitioner's deed. Request was granted. No correspondence had been received on the petition. The Chair announced the Hoard would inspect the site when the weather permitted. The Chair stated anyone wishing a copy of the decision should leave his namae with the Clerk and also explained the rights of any person aggrieved by the Board's decision. AdJourned at 7:45 P.M. Respectfully submitted, J. 1:C l�OT1, Copies, please to; Isar P. Ramah, 325 Cooper Street Arthur E. Sausvillp, 54 Charles Street I4inutes received — 3e1/71 Xinutes typed -- 3/1$/71 Xinutes to Mr. Caba -- W. 2 6 `7] AM Decision received -- Decision typed -- 42 Decision mailed Decision to Mr. Caba -- ,j P" 2 rr)%Alnl r•i 1:7p4jc r1FFir•j