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KRATIMENOS - LISWELL HEIGHTS LFag=7* Hilghtis 1167 I i I !� FA �: 9� TOWN OF AGAWAM .- 31 _ 6. 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 �pATED Mpl PLANNING BOARD November 6, 1960 Mr. Efstathios Kratimenoe 303 North Westfield Street Feeding Hills, MA 01030 Dear Mr. Kratimenos: At a duly called meeting of the Agawam Planning Board, held on Thursday, October 30, 1980, the Planning Board voted to approve a one years extension to Mr, Krati.menos for the bond being held on Liswell Drive and Halladay Drive. e, trul Yes, Charles R. Calabrese Chairman Agawam Planriiz* SoAra CRC/se c cc: Town Clerk Engineering Treasurer Tile #881 :� VIA COMMONWEALTH OF MASSACHUSETTS WETLAND PROTECTION ACT G.L. C. 131 s. 40 U EXTENSION PERMIT DATE June 27, 1977 FILE NO. 87--53 PROJECT LOCATION liswell Heights ee ing s, . TO: Nor. E. Kratimenos CERTIFIED MAIL NO. _b50a5 303 North Westfield Street Feeding Hills, Mass. 01030 This document extends the order issued to l4r, E. �Kr-atimenos -_ _ for a period of one year, from the date of termination of the last order issued in regard to this project or extension of same which ever is the later date. This extension is until May 10, 1978. r Signature of 'issuing Authority On this 29th day of June 19 77, before me personally appeared Rgnald a. Jech,__.QhUj=@np to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed, cc: Dept.� Environmen Quality Engineering Building Inspector Town Clerk (2)v Town Engineer Town Manager Planning Board Health Agent David .A. Ladizki, Esquire Assessor File #87-53 v 9/l/83 otary Pub is My commission expires TOWN OF AG "W, TOWN CURKS - 33-- . .SUN 2 9 W A.t19i�44L r COMMONWEALTH OF MASSACHUSETTS WETLAND ?PROTECTION ACT G.L. C.131 s. 40 EXTENSION PERMIT DATE April 299 1977 FILE No. 8 - PROJECT LOCATION Liswell Heights` TO: Mr. E. Kratimenos CERTIFIED MAIL NO. 919909 303 North Westfield Street Feeding Hills, Mass. 01030 This document extends the order issued to Mr. E. Kratimenos for a period of one year, from the date of termi.nation ,of the last order issued in regard to this projector extension of same which ever is the later date. This permit is extended until June 10, 1977, with the following conditions: 1. The Agawam Conservation Commission requests that the engineering calculations asked for in Condition 12 of the original Order of Conditions be submitted as soon as possible or the permit will not be extended beyond June 10, 1977. 2. The discharge from the subdivision going across North Westfield Street is apparently c using increased flooding on private property and (continued on page 2) �Q Chairman, Agawam Conservation Commission Si nature of ssuing Authorify" On this day of April 1977 , before me personally appeared Ronald J. both, Chairman, Agawam Conservation Commission - to me known to be the person descr.ibed _ in and who executed the foregoing instrument and acknowledged that he executed the same. as his free act and deed. cc: Dept. "Envi,ronmen al Quality Engineering J.J. Conte, Bldg. Insp. ' Town Clerk (2) ✓ John P. Stone, Town. Engineer Town Manager Planning Board Health Agent David A. ladizki, Esquire Assessor File #87-53 t.CE.�v 9/l/83 ay public My commission expires GZ 3513113 �'� EI-'TEN SION FEX-1IT Ziswell Heights (page two) #87-53 April 29, 1977 The Agawam Conservation Commission would like to hmow your solution to solving this problem. The Commission does not wish to extend permits which may result in legal suits. Please also be advised that you still, under this permit, do not have an Order of Condtions on lots 48 through 57 . inclusive. Planning Board TO: Town Treasurer Date 1.2/2 /78 ' SUBJECT: Release of Performance Bond File No. At an officially called and posted meeting held .12/21/78 the, Pl*n ng: Board voted to release 5 200 of the monies held by the toifn to Cove.. performance of Work by 2— Krati many -- - ---otherwise known as for project Liswell Drive - This amount. 3s iolea d for work accepted by the Board ,e �C�� `,y Band dated: 8/17/77 Liswell Thrive Lots 109 11, 12, 21 and 22 � Holding $4,400 fanning Board Chairman W � ea: • Petitioner, Town Cl:�r_. '.nganeeri.n File fr881 Planning Board TO: Town Treasurer Date 121R/78.c SUBJECT: Release of Performance Bond File No* N At an officially called and posted meeting held 12/21/78 the Planni ; Board voted to release A 7,300 of the monies held by the Town I a r Cn rl performance of work by E. Kratimenos otherwise known as -4 for project Halladay Drive This amount is released for work accepted by the Board Bond. dated: 9/18/78 Halladay Drive Lots 23 through 27 and 31 through 36 Holding $20,700 XZIc Ga� Planning Board Mra-lrma—n , 116 2-74,7I 74-200 II IrIN cc: Petitioner, Tovm C er,. : ingeering, File ;#881 Planning Board TO: Town Treasurer Date SUBJECT: Release of Performance Bond File No. 882 At an officially called and posted meeting held 12 21 8 the Planning Board voted to release A15,700 of the monies held by the Town to co or performance of wor)j by E. Kratimenos otherwise known as "° for project Li swell Drive This amount is role e,d for work accepted by the aoardr A�f- Yi-" co ;)= Bond dated : 12/3/76 Liswell Driveon rn ' Lots 6, 7, 8, 90 29 and 30 4 Holding $1,700 LA A. �- ann ng Board Chairman 2-59-7/74-200 t. OFFICE i A 5. Punning Board TO: Town Treasurer Date t! ,) 7 8 SUBJECT: Release of Performance Bond bile No. At an officially celled and posted meeting held 11IJ the Planning Hoard voted to release C c,)o of the monies hold by the Town to cover performance of word by otherwise known as for project �.r�aLt_ �i �, This amount Is released for work accepted by the Board and described by the Town Engineer in letter enclosed. kb-r-� �, 7 , t , J 1, k w M L Z c�L o r ka ck 17} y a a 0*iftnAnng Board-Chairman 2-59-7174-Ap-o CC ,- town Ci�e�, A�-, fi7��l+ras t'1'7C7��� � if/G �Hanning 8a�ard TO: Town Treasurer Dote SUWECT; Release of Performance Bond File No. At an officially called and posted meeting held the Plww4ng Board voted to release scc>v of the maples held by the Town to Cover g#rto"ance of work by ? otherwise known as This amount is released 'or project 1.� r wRrk accepted by the Board and described by the Town Engineer in N Utter- enclosed, � c, C -S )(1} rr� t li a � sccat,� � . Planning Hoard Chairman PARTIAL RELEASE OF COVENANT This is to certify that the Agawam Planning Board has released Lots 23 thru 27 inclusive and Lots 31 thru 36 inclusive on a definitive plan of a subdivision entitled, "Agawam, Liswell Heights for Bernice H. Burton, et Alg, . Sea1e. 1" = 40l , Revised May 25, 1972, Pharmer Engineering Corporation, recorded in Hampden County Registry of Deeds in Book of Plans 139, Pages 72 and 7% as said lots are subject to the provisions of a covenant dated June 19, 1972, and given by Bernice Burton to the Town of Agawam; said covenant being recorded in Hampden County Registry of Deeds, Book Page AGAWAY PLANNING BOARD 61�L 1 Hampden ss Commonwealth of Massachusetts Date : September 18, 1978 Then personally appeared the above named Natalie 0. George, Robert S. Bergin and Ronald R. Huot. members of the Agawam Planning Board and acknowledged the foregoing to be their free act and deed before me. Notary Public My commission expires cc : Town Clerk Building Inspector Conservation Commission Assessors 1 File #881 OFFICE 1970 SE-P 18 AM ID 45 TOWN OF AGAWAM, MASSACHUSETTS L ISWELL HEIGHTS AGREEMENT This agreement made this 18t day of September _ , 1978, at Agawam, Hampden County, Massachusetts, by and between EFSTATHOIS KRAT7MENO59 hereinafter called the DEVELOPER, and THE TOWN OF AGAWAPh, acting through its Planning Board, hereinafter called the TOWN, witnesseth: WHEREAS* the Developer desires to carry out the developemzAtodf Halladay Drive, Lots 23 thru 27 inclusive and Lots 31 thru 36 inclusive as shown on a plan recorded in Hampden County Registry of Deed, Book of Plans 139, Pages 72 and 73. WHEREAS, on July 6f, 1.972, the Planning Board of the Town of Agawam approved the plans and profiles entitled: AGAWAM L ISWELL HEIGHTS SUBDIVISION FLAN FOR BERNICE H. BURTON, ET ALS SCALE: 1" = 401 REVISED MAY 25, 1972 . PHARMER ENGINEERING CORPORATION NOW, THEREFORE, in consideration of the approval of the construction Tans and profile by the Planning Board of said Town, and for the release of he covenant pertaining to the above mentioned lots, the Developer agrees to complete the following items of work an a manner satisfactory to the Planning Board: ROADWAY: Construct a thirty (30) foot wide, 22 inch thick type I--1 Bituminous Concrete roadway surface over a ten (10) inch compacted bank—run gravel base* All loam and other yiel;diUg material shall be removed from the roadway prior o the lacing of the gravel base. The gravel base shall be installed in two five M inch layers each compacted with a ten ton roller. This shall be covered with a I inch thick .base course of type 1-1 Bituminous Concrete and rolled with a ten ton roller; then after the passage of one winter season, finished with a I inch thick top course of type 1-1 Bituminous Concrete. In addition the Bituminous Concrete shall be of a type and installed in such a manner as to comply with the specifications of the Massachusetts Department of Public Works. RAVEL: Gravel to be taken from State approved and tested banks only. If it is necessary to test certain gravel to determine if it meets the gradation re— irements of the Massachusetts Department of Public Works, the cost of this est shall be borne by the Developer. ATER MAINS: Install eight (8) inch class 52 cement lined cast iron water airs, hydrants, valves and appurtenances as shown on said plans. R. D. Wood, athews Improved or A. P. Smith hydrants with a 421 inch valve opening shall e used and shall be installed with a 'IT" connection at the main with a gate alve of the New York Metrotolitan style. All work and materials shall conform 'th the standards of the Department of Public Works of the Town. SANITARY SEWERS: Install eight (8) inch class 2400 asbestos cement sewer airs, manholes, and appurtenances as shown on said plans. All work and aterials shall conform to the standards and specifications of the Department f Public Works of the Town. i 1 0 SURFACE DRAINAGE: Install reinforced concrete pipe, catch basins, manholes, subdrains, and other facilities and construct the grading as shown on said ins. All work and materials shall conform to the standards and specifications f the Department of Public Works of the Town. BERtEz The Developer shall install a bituminous concrete edging or berm along he gutter lines of Halladay Drive. All berms shall be installed using an approved berm forming machine and bituminous concrete type I 1 berm mix. The arms shall be carefully and fully protected after placing until they have lost all of the heat and until they have become completely stable. SIDEWALKS: The Developer shall construct sidewalks on both sides of the streets in all pavedareas as shown on said plans. Sidewalks are to be five (5) feet in width and consist of an eight (S) inch bank-run gravel base and a two (2) inch type I 1 Bituminous Concrete surface. The gravel base shall e wider by three (3) inches on each side than the five (5) foot bituminous surfact, The elevation of the edge of the sidewalk nearest to the roadway shall be at lease nine (9) inches above the gutter grade of the road. TREEBEGTS: The Developer shall install five (5) foot wide treebelts on both sides of the street between the edge of the roadway and the sidewalks. Tree- belts are to be constructed with six (6) inches of loam which shall be fine- graded, fertilized, seeded and rolled. The Developer shall care for the seeded areas, watering, reworking, and reseeding them as necessary to develop a satisfactory stand of grass. QNUME TS: The Developer shall install all concrete bounds and iron pins shown on the plot plan of the approved subdivision, and their installation shall be certified in writing by a registered professional land surveyor. OTIFICATION TO THE DEPARTMENT OF PUBLIC WORKS: The Developer shall notify he Department of Public Works at least twenty-four (24) hours in advance of he time when he plans to begin or resume work on this project, Failure on he part of the Developer to provide such notification shall be cause for the Town to require the Developer to excavate and reconstruct as necessary in order o insure that the work has been done in a satisfactory manner. PERFORMANCE GUARANTEE: The Developer shall furnish to the Town a.'performance and in the amount of $2$,OOD or deposit money, or negotiable securities in his amount, to guarantee to the Town the faithful performance by the Developer "thin two years of the date of this agreement, or any extension thereof, of all work required herein. The Developer shall also repair to the satisfaction of he Planning Board any damage to or failure of an completed work which may occur he term of this agreement. Any security accepted by the Town under this agree- ment must satisfactorily protect the Town's interest and said determination shall e made by the Town Treasurer. It is expressly understood and agreed by the parties that any and all security required under this performance guarantee is o be applied as damages for the benefit of the Town for failure of the Develope o satisfactorily complete its obligations hereunder; and it is further under- stood and agreed by the parties that the Town specifically reserves its right o seek any additional damages incurred by the Town and not fully protected y the security under this performance guarantee. If the developer fails to perform the work in accordance with the arms of this agreement, the developer will pay to the Town of Agawam an amount f money which will equal the measure of damages sustained by the Town as a result of the failure to perform. The measure of damages shall be established by determining the lowest reasonable cost to complete the work unfinished plus reasonable attorney's fees incurred by the town in case of breach of this agreement by the Developer. The Town need not expend any funds to establish the said measure of damages, said measure of damages to be established by reasonable estimate to complete said work plus the said attorney's fees herein mentioned. -2- 0 9 The Developer further warrants that all work done under this agreement will be performed and completed in a workmanlike manners and that he said work will be fit for the use intended. OT]FICATICN OF COMPLETION: Upon completion of all work required herein! he Developer shall notify the Town that the work is ready for final inspection 'th respect to the release of the guarantee. Release of the guarantee is ontingent upon all work being completed in accordance with the standards and pecifications included herein and is also contingent upon any damage or failure f completed work being repairod or replaced to meet the requirements of the bdivision Rules and Regulations. UL-l)F,-SAC: Construct a temporary cul-de-sac on Hallady Drive beyond the esterly property line of lots 17 and 36. Said cul-de-sac to be circular shape with a diameter of 100 feet. The cul-de-sac shall be constructed with en (10) inches of compacted gravel installed in two layers, the base layer ing bahkrun gravel six (6) inches thick and the top layer being of processed ravel. All gravel shall meet gradation requirements of the Massachusetts Department of Public Works; the finished gravel surface thoroughly treated 'th either a MC-3O cutback asphalt or an SS-1 asphalt emulsion as a dust control asure. LISWELL HEIGHTS AGREEMENT IN WITNESS WHEREOF the Town of Agawam has caused its corporate seal to affixed hereto and these presents to be signed and sealed in its name and ehalf by a majority of the Planning Board and the Town Clerk, and the )eveloper has signed these presents. TOWN OF AGAWAM DEVELOPER Town Cler Efstathois Kratimenos a t"I 0 (2 Approved w to Form: Town Counsel ? ( 7,p Planning Board Date �3- Planning Board 1978 JUL 21 AMID 34 TO: Town Treasurer Date Subject : Performance Bond File No. 9 At an officially called and posted meeting held on X,� `� T he Pla= 'Zo Board voted in favor of setting �a as thl amount requix' :,.. to be Filed with the Town Treasurer to cover performance for a porl'od, p two years by otherwise known as for project known an � - � } Thls to to. c:ov. pr. lots # - a �" 3 ,� �"� 3 : The Board reserves the right to review t"ft' e bond amount at the tiro tho Epp ant desires to security, 1 Planning Board C rma 1-59-7/74-990 JZA- TOWN OF AGAWAM It 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 Planning Board January 19, 1978 Mr. Edward A. Caba, Town Clerk 36 Main Street Agawam, Mass. 01001 Re: File #881 - Liswell Heights Subdivision. Dear Mr. Caba: At a duly galled meeting of the Agawam Planning Board held on Thursday, January 19, 1978, the Board endorsed the modified plans . for the Liswell Heights Subdivision, plans entitled: "Liswell Heights - As Built Plan, Plan and Profile - Li-swell Drive, Agawam, Mass. Durkee, White, Towne and Chapdelaine, Civil Engineers and Land Surveyors, 356 Front Street, Chicopee, Mass. Dated: October 30, 1977, Scale: 1" = 401 , Drawing No. 103-6059, Sheet #8", and plan entitled: "Liswell Heights, Agawam, Mass. , owned by . Efstathios Kratimenos. Durkee, White, Towne and Chapdelaine, Civil Engineers and Land Surveyors, 356 Front Street, Chicopee, Massachusetts, Dated: Nov. 7, 1977, Scale; 111 = 401 , Drawing No. 103-6059, Sheet #9". Very truly yours, 0 Natalie C. George Chairman NCG/wem CC: E. Kratimenos Board of Health Town Engineer Durkee, White, Towne and Chapdelaine File #881 8E :6 NY qZ NVr OL61 *SS IN Ma lij� 1Y 33UA0 M110 NM01 FA 9 TOWN 4F AGAWAM rT 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 January 5, 1978 Planning Board Natalie George, Chairman Dear Mrs George: I, Edward A. Caba, Clerk of the Town of Agawam, hereby certify that the notice of approval of this plan by the Agawam Planning Board has been received and recorded at this office and no notice of appeal was received during the twenty days next after such receipt and re— cording of said notice � IAV-7 a, Town Clerk, Edward A. Cabs RE: Liswell Heights 081 Subdivision E. Kratimenos App. 12A/77 EA.C/File/rr T OW N OF AGAWAM %= H 36 MAIN STREET AGAWAM, MASSACHUSETTS M1 Tel. 413-786-d400 ATEQ Planning Board December 2, 1977 Mr. Edward A. Caba Town Clerk 36 Main Street Agawam, Mass. 01001 Re: File #881 - Liswell Heights Subdivision Dear Mr. Caba: At a duly. called meeting of the Agawam Planning Board held on Thursday, December 1, 1977, the Board voted to amend the original subdivision for Liswell Heights, plans approved by the Board on July 6, 1972, entitled: "Agawam - Liswell Heights Subdivision Plan For Bernice H. Burton, et als, Pharmer Engineering Corporation, Holyoke, Pittsfield, Massachusetts, Scale: 11'-401 , Date: 6, March, 1972, revised: 25,' May, 1972, Two (2) Sheets", as the changes are recorded on plans dated October 30, 1977, entitled: "Liswell Heights - As Built Plan, Plan and Profile - Liswell Drive, Agawam Mass. Durkee, white, Towne & Chapdelaine, Civil Engineers and Land Surveyors, 356 Front Street, Chicopee , Mass. , Scale: 1"=40' , Drawing No. 103-6059, Sheet #8 and Plan entitled: "Liswell Heights, Agawam, Mass. , owned by Efstathios Kratimenos, Durkee, White, . Towne and Chapdelaine, Civil Engineers and Land Surveyors, 356 Front Street, Chicopee, Massachusetts, Dated, Nov. 7, 1977, Scale : I"=40' , Drawing No. 103-6059, Sheet #9. w cv cri c Very truly yours, AGAWAM PLANNING BOARD c � _ CJ 3 NC G/wem CC: E. Krati,menos Board of Health Town Engineer File #881 i lk r CC i Town Clerk, TownEngineer, Pe i i , �I.-le �881• Planning 4r6bW4MA TO: Town Treasurer 191 DEC -2 AN 11: 26 Date 12/1/77 SUBJECT: Release of Performance Bond File No. 881 . At an officially called and posted meeting held 12/1/77 the Planning Board voted to release AF - **�f the monies held by the Town to cover performance of worIr by E. Kratimenos otherwise known 'as for project Ziswell Heights This amount is released for work accepted by the Board. Lots 5, 79 89 9, 29 and 30, Liswell Drive. Nonotuck Savings Bank Passbook No. 53117 - $28,000. ann ng Boar a r n r ILI 2-59-7/74-200 Wj; re-cizioner, Town ulerx, sown .Planning Board TOWN CLF K OFFICE TO: Town Treasurer A 7:VF`V� 11.' BASS. Date 12/1/77 SUBJECT: Release of Performance MidDEC -2 Aft 11. 26 File No, 881 At an officially called and posted meeting held 1211177 the Planning Board voted to release / �5 of the monies held by the Town to Cover performance of work by KMt jM=0sotherwise known as for profOct Liswe11_.ULJgj2ts This amount is released for work accepted by the Board.�x� � Lots 10, 11, 12, 21 and 22, Liswell Drive. Nonotuck Savings Bank Passbook No. 54644 in the amount of $16,500. Planning Board airm � ' I � III 4 60 , oi F 3 e'Wi' OUWIS OFFICE TO: Town Treasurer Date 8/15/77 AUG 16197 Subject: Performance Bond WIL PJ File No. 881 ,At an officially called and posted meeting held on 8ZI5/77 the plantiing Board voted r in favor of setting e.1 as the amount required tto be filed with the Town Treasurer to cover performance for a period of #two years by Mr. E. Kratimenos otherw1se known as s for project known as -- - Liswell Heights_ � This is to cover , #lots # 10, 11, 12, 21 and 22 + The Board reserves the right to revie-�/the bond am at the time the ap lscant desires to post security. P anning Bo C Nil rman ��- CC: Petitioner, Town Clerk, Ta,m Engineaer, File. -III r s CC: Petitioner, Town Clerks Torn. :Engineer, File ;t881 ----- .: l gori rig Board TO: Town Treasurer Date 6/18/77 SUBJECT: Release of Perf cr�: :r. c_ .1,�rjd File No. 881. At an officially called and po3ted meeting held 6/18/77 the Planning, Board voted to release C, GG ' of the monies held by the Town to cover performance of worIf by F. Kratimenos _otherwise known as .for project Liswell Heights, This amount is released for work accepted by the Board. =r r- " �� cXX Bond Agreement dated Dec. 3, 1976, covering lots 6, 7, 8, 9, 29 and 30, all on Liswell Drive. Nonotuck Savings Bank Passbook No. 53117 in the amount Of S37t 0• ann ng Boar rm 2-59.7/74-200 Tom TOM Mum JUL 20..197T A.� TOWN OF AGAWAM c ;�Im 36 MAIN STREET AGAWAM, MASSACHUSE 01001 Tel. 413-786-0400 ���RATED Ma i a El A zz Planning Board October 4, 1977 Mr. E. Kratimenos 303 North Westfield Street Feeding Hills, Mass. 01030 U :n Re: File #881 Liswell Hsbightg Dear Mr. Kratimenos: At a duly called meeting of the Agawam Planning Board held on Monday, October 3, 1977, the Board voted not to release any of the security for lots 6, 7, 89 99 29 and 30 on Liswell Drive, because the following work still remains to be done: 1. The street, as constructed, varies from the approved profile between stations 3 and 5, being lower by 1.8 feet at station 4. 2. The street also is lower by an average of 0.8 feet than the approved profile between stations 5 + 50 and 7 + 50. 3. The cross section of the street does not conform .with the typical cross section. Only in a few locations is the crown sufficient. In some places, the gutter is higher than the crown. 4. The variation in street profile also will affect the profile of Haliday Drive, which intersects in the area between stations 3 and 5. 5. The change in profile may have reduced the cover over the storm drain and water main below the required minimum. 6. The intersection curve at the southwest corner of Liswell Drive and North Westfield Street does not have the required radius, resulting in a narrow intersection. The above work remaining to be done has been determined by the Town Engineer. This shall not be construed to be a complete description of the work to be done, but is an indication of those items immediately apparent as having not been accomplished. Sincerely, NCG/wem ,� Natalie C. Geo e cc: Town Clerk Chairman Town Engineer r . OF E�H55i�.C1!'1:iE7TS . J • L kr aa', , CtFrrICE .. AUG 2 6 1977 C.L. C.131 s. 40 PAL . CER'fIFTCATE OF C01,1PLtl` -fCE PROOF CT LOCATION Li swell Heights, Feeding Hills,Ma. DATE 8/26,�77 FILE NO. �.87 3 It is herebv certified that the wort, regulated by art Order of Conditions dated May 10, 1976 by the Department of Envi ronmental Quality Enuineering Conservation Commission [X] has been satisfactorily coWleted. 4 This Certificate shall be recorded in the Registry of Deeds. for. .the 13, district in which the'-7-And is located. The. Order .tEas --originally recordead` on Sept 8, 1976 . in 4320 .184 mate Boole (Page)r This Certificate of Compliance is for Lot #7 -only, Signature of Iss i- :Authors4, ;: On this 26th day of . August lr# 77 , `fiefore W:btrsonally . 4.1 to me known to be the person described in and who executed the' foregoing: . g- instrument and acknowledged that he executed lChe same .at his free aci and deed. CC. Dept. EQE Building Inspector ' == Town Clerk (2) Town Engineer Town Manager Planning Board Health Agent David A. ladiski, Esquire Assessor File #87-53 Merwin Burstein, Esquire t Fiotar bI rc 14y comnission expires i i ���1 PARTIAL RELEASE OF COVENANT Iv ° This is to certify that the Agawam Planning Board has released Lots 10, 11, 12, 21 and 22 as shown on a plan entitled: "Agawam Lisv6ll Heights Subdivision Plan for Bernice H. Burton, et als, Scale: 1" = 401 , Revised May 25, 1972, Pharmer Engineering Corporation" and recorded in Hampden County Registry of Deeds, Book of Plans 139, pages 72 and 73, as said lots are subject to the provisions of a covenant dated June 19, 1972, and given by Bernice Burton to the Town of Agawam; said covenant being recorded in Hampden County Registry of Deeds, Book page -tu YN OF AGAWAM +OWV CLERK'S OFFICE AUG 2 31977 1101#11P141�1 T I$1 g14 0I$ AGAWAM PLANNING BOARD Hampden ss Commonwealth of Massachusetts Date: August 18, 1977 Then personally appeared the above named Natalie C. George, Robert S. Bergin and Arthur J. Fuchs, members of the Agawam Planning Board and acknowledged the foregoing to be their free act and deed before me. c c: Town Clerk Building Inspector otary PubTle Conservation Commission My commission expires 9/1/83 File #681 Assessors David A. Ladizki, Esq. TOWN OF AGAWAM, MASSACHUSETTS LISWELL HEIGHTS AGREEMENT This agreement made this 17th day of Augus 1977, at Agawam, Hampden County, Massachusetts, by andb tween Efstathlos Kratimenos, herein- after called the DEVELOPER, and THE TOWN{ OF AGAWAM, acting through its Plan- ning Board, hereinafter called the TOWN, witnessetht WHEREAS, the Developer desires to carry out the development of Liswell Drive, Lots 10, 11, 12, 21 and 22 as shown on a plan recorded in Hampden County Registry of Deeds, Book of Plans 139, Pages 72 and 73, WHEREAS, on July 6, 1972, the Planning Board of the Town of Agawam approved the plans and profiles entitledt AGAWAM LISWELL HEIGHTS SUBDIVISION PLAN FOR .:BERNIGE H. BURTON, ET ALS SCALE-. 10. - 40* REVISED MAY 25,. 1972 PHARMER ENGINEERING CORPORATION NOW, THEREFORE, in consideration of the approval of the construction plans and profile by the Planning Board of said Town, and for the release of the covenant pertaining to the above mentioned lots, the Developer agrees to complete the following items of work in a manner satisfactory to the Planning Board: RAY: Construct a thirty (30) foot wide, 2* inch thick type I-1 Bituminous Concrete roadway surface over a ten (10) inch compacted bank-run gravel base. All loam and other yielding material shall be removed from the roadway prior to the placing of .the gravel base. The gravei. si sh1.l be installed in two five (5) inch layers each compacted with a ten ton roller: This shall be covered with a 1-- inch thick base course of type ,I--1 Bituminous Concrete and rolled with a ten ton roller; then after the passage of one winter season, finished with a If inch thick top course of type I-1 Bituminous Concrete. In addition the Bitwntnous Concrete shall be of a type and installed in such a manner as to comply with the specifications of the Massachusetts Department of Public Works. GRAVEL: Gravel to be taken from State approved and tested banks only. If it is necessary to test certain gravel to determine if it meets the gradation re- quirements of the Massachusetts Department of Public Works, ,the cost of this test shall be borne by the Developer. WATER MAINS: Install eight (8) inch class 52 cement lined cast iron `rater ;;ins, Wrants, valves and appurtenances as shown an said plans. R. D. Wood, Matthews Improved or A. P. Smith hydrants with a .4-j inch valve opening shall be used and shall be installed with a "T" connection at the main with a gate valve of the New York Metropolitan style. All work and materials shall conform with the standards of the Department of Public Works of the Town. SANITARY SEWERS: Install eight (8) inch class 2400 asbestos cement sewer- mains, manholes, and appurtenances as shown on said plans. All.work and materials shall conform to the standards and specifications of the Department of Public Works of the Town. SURFACE DRAINAGE: Install reinforced concrete pipe(s), catch basins, manholes, subdrains, and other facilities and construct the grading as shown on said plans. All work shall conform to the standards of the Departaent of Public Works of the Town. It is the responsibility of the Developer to acquire such rights and perform such actions which are necessary for the complete perform- ance of the entire drainage system. Page 1 of 3 LISWELL HEIGHTS AGRISKENT SIDEWALKS: The Developer shall construct sidewalks an both sides of the streets in all paved areas as shown on said -plans. Sidewalks are to be five (5) feet in width and consist of an eight (8) inch bank-run gravel base and a two (2) inch type I-1 Bituminous Concrete surface. The gravel base shall be wider by three (3) inches on each side than the five (5) foot bituminous surface. The elevation of the edge of the sidewalks nearest to the roadway shall be at least nine (9) inches above the gutter grade of the road. BERMS: The Developer shall install a bituminous concrete edging or berm along tR gutter lines of Liswell Drive. All berms shall be installed using an approved berm forming machine and bituminous concrete type I-1 berm mix. The berms shall be carefully and fully protected after placing until they have lost all of the heat and until they have become completely stable. TREEMTS: The Developer shall install five (5) foot wide treebelts on both sides oof the street between the edge of the roadway and the sidewalks. Tree- belts are to be constructed with six (6) inches of loam which shall be fine- graded, fertilized, seeded and rolled. The Developer shall care for the seeded areas, watering, reworking, and reseeding them as necessary to develop a satisfactory stand of grass. MONUMENTS: The Developer shall install all concrete bounds and iron pins shown on plot plan of the approved subdivision, and their installation shall be certified in wri-ting by a registered professional land surveyor. NOTIFICATION TO THE DEPARTMENT OF PUBLIC WORKS: The Developer shall notify ub e Department of P is Works at least twenty-four (24) -hours in advance of the time when he plans to begin or resume work on this project. Failure on the part of the Developer to provide such notification shall be cause for the Town to require the Developer to excavate and reconstruct, as necessary in order! to insure that the work has been donne in a satisfactory manner. PERFORMANCE GUARANTEE: The Developer shall fuvniA to the Town a performance bond in the amount of $1 6,500. or deposit money, or negotiable securities in this amount, to guarantee to the Torn the faithful performance by the Develops within two years .of the date of this agreement of,all work required herein. Any security accepted by the Town under this agreement must satisfectoril.y protect the Town's interest and said determination shall be made by the Town Treasurer. It is expressly understood and agreed by the parties that any and all security required under this performance guarantee is to be applied as damages for the benefit of the Town for failure of the Developer to satisfac- torily complete its obligations hereunder; and it is further understood and agreed by the parties that the Town specifically reserves its right to seek any additional damages incurred by the Town and not fully protected by the security under this performance guarantee. The Developer further warrants that all work done under this agreement will, be performed and completed in a workmanlike manner, and that the said work will be fit for the use intended. Furthermore, the Developer agrees that reasonable Attorney'a fees shall be included in determining damages sustained by the Town in case of breach of this agreement by the Developer. NOTIFICATION OF COMPLETIONt Upon completion of all work required herein, the Developer, shall notify the Town that the work is ready for final inspection. with respect to the release of the guarantee. Release of the guarantee is contingent upon all work being completed in accordance with the standards and specifications included herein. CUL-de-SAC Construct a temporary cul-de-sac on Liswell Drive beyond the northerly property line of lots 12 and 21. Said cul-de -sac to be circular in shape with a diameter to 50 feet. The cul- de-sac shall be constructed with ten (10) inches of compacted gravel installed in two layers, the base layer being of bankrun gravel six (6) inches thick and the top layer being of processed gravel. All gravel shall meet gradation requirements of the Massachusetts Department of Public Works; the finished grave surface thoroughly treated with either a SIG-30 cutback asphal� or an SS-1 asphalt emulsion as a dust control measure. Page 2 of 3 LISWELL HEIGHTS AGREMENT IN WITNESS WHEREOF the Town of Agawam has caused its corporate seal to be affixed hereto and these presents to be signed and sealed in its name and behalf by a majority of the Planning Board and the Town Clerk, and the Developer has signed these presents. TOWN OF AGAWAM DEVELOPER 01 Town Clerk Ustathios Eratim mos Approved as to Fors Assoc. Torn Counsel P ann oa .... to TOWN OF AGAWAM TOWN CLERIC'S OFFICE AUG 2 31977 � ti1111�4 11$1 1Olt 4 Page 3 of 3 COMMC,EALTH OF MASSACHUSE`"TS WETLAND PROTECTION ACT G.L. C. 131 s. 40 1 EXTENSION PERMIT DATE June 27, 1977 FILE NO. 87-53 PROJECT LOCATION Liswell Heights e e ing 11177s,Mas TO; 111r. E. Kratimenos CERTIFIED MAIL NO. 65 id0 303 North Westfield Street Feeding Hills, Mass. 01030 This document extends the order issued to fir. E. Kratimenos for a period of one year, from the date of termination of the last order issued in regard to this project or extension of same which ever is the later date. This extension is until May 10, 1978. r Signature of ! ssuing Authority On this 29th day of June 19 77, before me personally appeared lionald a. Le h to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. cc: Dept. Environmen,;tro `1 Quality Engineering Building Inspector Town Clerk (2) V Town Engineer. Town Manager Planning Board Health Agent David A. Ladizki, Esquire Assessor File #87--53 t 9/l/83 otary Pub is My commission expires OF -33- Y -tow" c JUN 2.9 117 I Ax� COMMONWEALTH OF MASSACHUSETTS WETLAND PROTECTION ACT G.L. C. 131 s.40 EXTENSION PERMIT DATE April 29, 1977 FILE NO. $ - PROJECT LOCATION Diswell Hei Us' TO: Xr. E. Kratimenos CERTIFIED MAIL NO. 919909 303 North Westfield Street Feeding Hills, -Mass. 01030 This document extends the order issued to Mr. E. Kratimenos for a period of one year, from the date of termination .of the last order issued in regard to this project or extension of same which ever is the later date, This permit is extended until June 10, 1977, with the following conditions: 1. The Agawam Conservation Commission requests that the engineering calculations asked for in Condition 12 of the original Order. of Conditions be submitted as soon as possible or the permit will not be extended beyond June 10, 1977. 2. The discharge from the subdivision going across North Westfield Street is apparently c using increased flooding on private property and (continued on page 2) Chairman, Agawam Conservation Commission Signature of ssuing Authority On this 29thday of April 1977 . before me personally appeared Ronald J. Lech, Chairman, Agawam Conservation Commission - to me known to be the person described, in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. cc: Dept. Environmen Quality Engineering J.J. Conte, Bldg. Insp. Town Clerk {2} John P. Stone, Town Engineer Town Manager Planning Board Health Agent David A. Ladizki, Esquire Assessor File #87--53 r 9/1/83 ary Pu�tlic My commission expires 6Z `5S��d 3t��0 �� �ht©�. EX T vSION PEIUIIT Liswell Heights (page two) 7r87-53 April 29, 1977 . The Agaviam Conservation Co-i nission -would like to know your solution to solving this problem. The Commission does not Nish to extend permits which may result in legal suits. Please also be advised that you still, under this permit, do not have an Order of Condtions on lots 48 through 57 inclusive. PARTIAL PUELEASE OF COVENANT TOWN CLERK OFFICE AGAWAM, MASS. 1977 MAR 23 A 1: 29 This is to certify that the Agawam Planning Board has released Lots 6, 72 8, 9, 29 and 30 as shown on a plan entitled "Agawam Liswell heights Subdivision Plan for Bernice H. Burton, et als, Scale: 111 = 4.01 , Revised rd,y 25, 1972, Pharm.er Engineering Corporation" recorded in Hampden County Registry of Deeds, Book of Plans 139, pages 72 and 73, as said lots are subject to the provisions of a covenant dated June 19, 1972, and given by Bernice Burton to the Toim of Agawam; said covenant being recorded in Hampden County Registry of Deeds, Book page AGA'nTAM PLANNING BOARD Hampden ss Commonwealth of Massachusetts Date: March 21, 1977 Then personally appeared the above named Natalie C. George, Robert S. Bergin and Arthur J. Fuchs , members of the Agawam Planning Board and acknowledged the foregoing to be their free act and deed before me. Notary Public 14y commission expires 9/l/83 cc: Town Clerk Building Inspector Conservation Commission File #881 Assessors TOWN OF .4GAWAM, MASACHpSETTSrt�y LI SWELL "HZIGHTS AGREEMENT This agreement made this __3rd - ' day of Dec. 197$f at Agawam, Hampden County, Massachusetts, by and between Efsta.thios Kratimenos, hereinafter culled the DEVELOPER, and TIDE TOWN OF AGAWAM," acting through its P-lanning`"Board, hereinafter called the TOWN, witnesseth: WHEREAS, the Developer desires to carry out the development " of Liswell Drive, Lots 6, 7, 8,9, 29 -and 30. a:s shorn, on a plan recorded in Hampden County Pegistry of "D,ee.ds, Book of Plans 139, Pages 72 and 73, WHEREAS, an July 6, 1972,1the Planning Baard" of .the Town of ' . .Agawam approved the plare and profiles entitled:: AGAWAM LI3WELL HEIGHT#. . SUBDIVISION PLAN FOR B$FNCE A : Bulo* . iv,ALS `. . i , 5CALE: 1P 111, 40' REYISI D 'H4- 25 .1972 'PHARMER ENGIkEEH11FG .dORP0-RATION NOW, THEREFORSt` in conaideratlon of thh . approval of the. construction plain and profile by the„ Planning Board -of said Townf and for the . release of the covenant: pertaining. to the ..above mentioned lots, the Developer agrees to` "compl9te the following items of work in a,.manner satisfactory to the Planning .Board: ROADWAY: Construct a thirty ( 30) " foiot " wills, 2-i inch thick type I-1 Bituminous concrete roadway , surface over. a ten (10)"`.i:nch compacted bank-run gravel base. All Ioam.. and other yielding material shall be .removed from the roadway prior to' the` 'placing of the gravel base. The gravel base, sh"a.11 _be 'i-nstalled in two five 5) inch layers each compacted :with a ten ton roller. This shall be covered with '`a l� inch thick. base. course of -typ.e 'I-1 Bituminous concrete .and rolled with a ten ton roller; then after the passage of one winter season, finished with a 1 _inch thick top course of type I-1 Bituminous concrete, In addition the Bituminous concrete shall be of a type ,and iiistalied .,in :such a manner as to comply frith the specifications of the Mla.ss'achusetts Department of Public Works . GRAVEL:AVEL Gravel to be taken from State approved 4nd tested' b%uks only. If it is necessary to , test certain gravel to determinm. if it meets .the gradation requirements of the Massachusetts Depart'.- ment" off' Public Works the cost. .of this to-st shall be` borne by, the Developer. WATER "MAINS: Install eight ( 8) inch class 52 cement lined Cast iron water mains, hydrants , valves and appurtenances as shown on said ,plans. R. D. Wood, Matthews Improved or A. P. Smith hydrants with a 4-1 inch valve opening shall be used and shuall be installed with a "T" connection at tie mdin .with a gate valve of the New. .York Metropolitan style. All work and materials. shall conform with the standards of the Department of Public Works of . ate Town. SANITARY SEWERS. . Install eight (8) inch class 2400 asbestos c,einent. .sewer mains, manholes, and apnurtertence"s as shown on said plans. All work and materials shall conform to the standards and. 'specifications of the Department of Public.- Works of the Town* Page I of 3 LISWELL HEIGHTS ..r AGREEMENT SURFACE DRAINAGE Install reinforced concrete pipe.(s) , catch asins, manhoiess subdrains, and other facilities and,. construct: he grading as shown on said plans.' All work shall conform to he standards of the Department of Public Works' of the Town. It. is the responsibility of the developer to acquire such rights ,and.-' perform such actions which are necessary for the complete perform- ce of the entire drainage system. SIDEWALKS: The Developer shall construct' sidewalks on' both side , of the streets in2 all paved areas as shown- on said plans. Side-- walks are to be five (5) feet in width and consist of- aU eight (8) ' inch .bank run gravel base and a two (2) inch type I-1 Bituminous concrete surface. The gravel base shall :be wider by three (3) inches, on each side than the five (5) foot bituminous surfade. The elevation of the edge of the sidewalks nearest .to the roadway shall be at least nine 9} inches above the gutter grade of the road. j BERMS: The Developer shall install a bituminous concrete edging or erm along the gutter lines of Liswell Drive. All . erms shall be installed using an approved berm forming machine and.. bituminous concrete type I-1 berm mix. The berms "shall be carefully and fully protected after placing until they Itave lost • all of 'they heat .end _until they, have become-,ga.mp .e,tely stable`. TREEBELTS: The Developer shall install..,,f a, J* foot wide tree-* belts on both sides of the street between the edge of the .roan- M and the sideways. Tre.ebelts ax,e, to be. constructed with six inches of id which' shay. ,be f r� Faded, fertilized. seeded. 5 ., and rolled. Th6 developer shall care `for the` seeded areas, watering, reworking, .-and reseeding t�ep, .as necessary to develop a satisfactory skand;of grass. ,a _ RETAINING WALL: The Developer shall construct a concrete retain- ing, wall with a wrought iron pipe fence on the southerly side o'T Liswell Drive from North Westfield Street 'to the easterly side of Lot #6i. The wall and fence shall 'be constructed .;im accordance with the details and specifications as noted on the plans. MONUMENTS: The Developer shall install all concrete bo .ds and iron pins shown on the plot plan of the approved sub-division, and their installation shall be certified' in writing by..a registered professional land surveyor. NOTIFICATION TQ :THE DEPARTMENT OF PUBZI0 WORKS: The Developer shall notify t ,:Department o u is 'ors a least :twenty-four (24) hours in advance of the time when- he plans to begin. or resume work on this project. Failure . on the part of the Developer to provide such notification shall be cause for the Town to require th.e`Developer to excavate and reconstruct as necessary in order to insure that the work has been done in a satisfactory manner. PERFORMANCE .GUARANTEE: The Developer shall furnish to the Town a. performance bond in the amount of 37,000.00 ,or dep6iit money, or negotiable securities in this amount, to guarantee tp .the. Town the faithful performance by the Developer within two yee.rs of the date. of this agreement of all work regi1ired herein. Any security accepted by the Town under this agreement must satisfactorily protect the Townes interest and said determination shall be made ,.., by the .Town Treasurer. It is expressly understood and agreed by the parties that any and all security required under this p.er formance guarantee is to be applied as damages for the. beefit of the Town for failure of the Develope..r to satisfactorJly- aom' plete its obligations hereunder; and it is further understbod and agreed by the parties that the Town .specifically reserves its. right to seek any additional damages incurred by the Town and not , fully protected by the security under this performance guarantee. Page 2 of 3 f LXSWELL HEIGHTS ` 4 AGREEMENT The Developer further warrants that all work done under this agreement will be performed and completed in a workmanlike manner, and that the said work will be fit for the use intended. Furthermore, the Developer agrees that` x'easonable Attorney's- fees shall be included in determining damages sustained by the Town in case of breach of this agreement by the Developer . NOTIFICATION OF COMPLETION: Upon completion of all work required herein, the Developer shall notify: th6 Town,. that the work is ready for final inspection with respect �o the release of the guarantee. Release of the guarantee is contingent upon all work being com- pleted in accordance with the standards and- specifications in- cluded herein. IN WITNESS WHEREOF. the Town of Agawam has caused its corpor- ate seal to be affixed hereto and these presents to be signed and sealed in its name and behalf by a majority of the Planning Board and the Town Clerk, and the Developer has signed these presents. TOWN OF AGAWAYT DEVELOPER Town C erk Efstathios Kratimenos T qe�-07A.- Approved as to Form: r Assoc. Town Counsel Date: o rnajLcks 1 �.1 11 Planning Board Page 3 of 3 CC: Hr. Kratimena Town Clerk ✓ Town En per File #881 Planning Board TO: Town Treasurer Date^NOV44,1976 Subject: Performance Bond File No. 88r�81 At an officially called and posted meeting held on Nov.4,1976 the Planning Board voted �3-0 in favor of setting $ c-r0 as the amount required to be filed with the Town Treasurer to cover performance for a period of as two years by Mr.EfstathiosKratimenoWierwlse known as for project known as . Liswe.11 Heights' This is to oer lots # 6 thru 12 inel. Z1 2 2 " The Board reserves the right to review the bond amount at the time the applicant desires to post security. 1 Ejo.gr .� Planning boar chalPan FA , TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 TE0p� Planning Board JanYary 5, 1977 Mr. E. Kratimenos 303 North Westfield -Street Feeding Hills, Mass. 01030 Re: File #881 - Liswell Heights Dear Mr. Kratimenos: At a duly called meeting of the Agawam Planning Board held on- Monday, January 3, 1977, the Board voted to deny your request " to draw and sign a bond agreement to cover the construction of the street` to service six, (6) proposed house lots on .Liswell Drive. This action was taken because the subdivision, as presently approved, can not be constructed until the drainage . outlet has been guaranteed. If the drainage is solved, the Board would then consider draw- ing a bond agreement to cover lots 6, 7, 89 9, 29 and 30 on Liswell Drive , for .$3?:000. In the meantime, . we suggest .that you move as quickly as possible to solve the other problems that exist. Sincerely, Natalie C. Geor Chairperson NCG/wem cc: Town Clerk Town Engineer !0 -Z iid 9- Or 1161 *ssvw IolV1 y 331AA0 NU313,NMOI FOR�+I A � � �� � APPLICATION FOR ENDORSMENT OF PLAN BELIEVED NOT TO R'EQUIItE APPROVAL File one eomnpleted form with the Planning Board and one copy with the Town Clerk in accordance with the requirements of Section II=B. Agawam, Mass. . . August. 2. ...... 19.76... To the Planning Board: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan fbr a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Applicant . ... . .Efstathios Kratimenos. . . . . . . . . ... . . . . .... . ........... ............ . . Address ...... . ........... .. . 2. Name of Engineer or Smrreyer .S#th.&Wallen• . .. . ............. .... . ... ....... ........... .. . P.O. Box 63-Forest Park Station-Springfield.,Mass, . ... .. ..... 8. Deed of property recorded in . IW4PdPn .QQV lty... . . . . . . . . . .......... . . ........... . .... Bkwistry, Book . ..3gga..... . . . .. Page , . .201 . . . . . . .. .. ...... ... ..... . . . ... ......... . ... . 4. Location and Description of Property: North Street Extentenion, Feeding Hills I'Liswell Heights" Drainage Easement. �of owner . .. . ... .. ...... ..... ... .... . Address 303`NorthWestfield Street-Feeding Hills G3 Aua,st 6, 1976 C � Mr. 'Eifstathios Kratimenos 303 North Westfield Street C Reeder =1ille s Ma3s. G103:a 49 r c� Re: Form A -- File #130rn North Street Lxt lion ear Kratimeno3t At a duly called meeting of t'ie Agawam Planning Board held on Thursday, Ault 5t 1976* the Board voted to endorse th$ above Form A, Subdivision Control. Not Required, Very truly yours, AGAWAM PLANNING BOARD I liG/wem GO: Town Clerk Certified Mail #801390 r; COMMONWEALTH OF MASSACH*rTs U , (N Ln c% L%.vs � ORDER C> �� _ . a WETLAND PROTECTION ACT G.L.c. 131 s.40 t'FILERNUMBER: 87-53 PROJECT LOCATION; Liswell Heights North & Northwest- TO: Mr. E. Kratimenos CERT. MAIL NO: field Sts. 303 North Westfield St. , Feeding Hills, Mass. 801356 RE: NOTICE OF INTENT AND PLANS DATED: Jan..197(7ATE OF RECEIPT -BY DATE OF PUBLIC HEARING: 3/25/76t 4/8/7F>, CONSERVATION COMMISSION: 3/� l f 4/22/76. Pursuant to the authority of G.L. c.131 s.40, the Agawam onserya ion Commission -has considered your notice of intent and plans submitted therewith, and has determined that the area on which the proposed work is to be done is significant to one or more of the interests described in the said act. The Agawam Conservation Commission hereby orders that' the following conditions are necessary and all work must be performed in strict conformance therewith: CONDITIONS 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this order. 2. This order does -not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This order does not relieve the permittee or 'any other person of the necessity of complying with all other applicable -federal, state, ' or local statutes, ordinances, by-laws and/or regulations. 4. The work authorized hereunder. shall be completed within one (1) year from the date of this order. ' The order may be extended by the' issuing authority for one or more additional one-year periods upon application to the said issuing authority at least thirty days prior to the expiration date of the order or its extension. 5. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including, without limiting the generality of. the foregoing, lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 6. No work may be commenced until all appeal periods have elapsed from the order of the Conservation Commission or from a final order by the Department of Natural Resources has elapsed. CONDITIONS CONTINUED PAGE 2 FILE NO. 87--53 7. No work shall be undertaken until the final Order, with respect to the proposed project, has been recorded in the Registry of Deeds for the district in. which the land is located. Copy to be furnished to issuer of this order showing book and page. 8. Upon completion of the work described herein, the applicant ' shall forthwith request, in writing, that a Certificate of Compliance be issued stating ,that the work has been satisfactorily completed. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet bearing the words, "Massachusetts Department of Natural Resources, File. Number 87-53 10. Where the Department of Natural Resources is requested to make a determination and to issue a superseding order, the Conservation Commission shall be a party to all agency proceedings . and hearings before the Department of Natural, Resources. 11. The work shall conform to the following described plans and additional conditions: = Plans Entitled: Agawam Liswell Heights Subdivision Plan for Bernice H. Burton et als, Pharmer Engineering Colporation, Holyoke, Pittsfield, Mass, Scale: . 111=401 Date March 6, .1972 -- Revised May 25, 1972. . 12. Review by Town Engineering Department states that the plans are incomplete..Lots 48 through 57 inclusive shall not be altered in any manner until the following information is submitted to the Agawam Conservation Commission; A. Details and profile on installation of 48". culvert. B. Show existing features, such as, homes, edges of pavement, trees, drives, wetland on top of hill, etc. C. Proposed 15" diameter pipe does not have adequate capacity to ' drain street and abutting lots during five year storm between stations 21 and 22. D. Area of drainage is not indicated. E. Run-off figures, F. Proposed storm drain and catch basins are too close to gas main and will conflict with future sidewalk - drain should be located seven feet north of sewer and catch basins placed at edge of existing road. r G. Statement of permission from Engineering Department to install storm drain in town street. H. Effect of discharge from proposed drain on downstream area. 1. Reduction of retention capacity caused by larger culvert. J. End treatments of proposed culverts.- K. Copy of easements across private property for storm drainage. L. Cellar floor elevations. CONDITIONS CONTINUED PAGE 2a FILE NO. 87-53 M. Copy of bond posted for sewer installation, statement of approval by Engineering Department. N. Calculations showing drainage system capacity to accommodate footing drains from each dwelling. 0. Capacity of retention area of pond must not be diminished as it is necessary for present and future drainage from development. t P. As subdivision appears to be in seasonal high water table area, drainage tiles will be placed around each basement to convey drainage to street drain system, and must comply . with the specifications of Town Building Inspector. a. all calculations submitted to the Agawam Conservation Commission to show that subdivision drainage system will accommodate additional drainage of footing drains in area of North. Street Extension and North Westfield Street and at the intersection of Ziswell Drive and North Westfield Street. CONDITIONS CONTINUED PAGE 3 FILE No. 87--53 The applicant, any person aggrieved by this order, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or Loran in which such land is located, are hereby notified of their right to appeal this order to the Department of Natural R�esources, . provided the request is made in writing and by certified mail to the Department of Natural. Resources within ten (10) days from the issuance of this order. ISSUED BY Agawam Conservation r • O7C1mission • CC: Dept, of Environmental Quality Engr. " Wetlands Division Division of Waterways Town Manager ✓ -'' �' �ti Town Clerk (2) Bldg. Inspector Town Engineer Health Agent Planning Board File On this 10th day of May 1976, before me personally appeared Robert A. Scalise Dorothy A. Nelsen, Ronald J. Lech & Henry A. a. to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Kozloski. My commission expires: i 1;6taary Public 9/17/76 . of I E ti r . . AK llonservatcon (iommUston AGAWAM, MA SACHi SEEM 01007 March 12,--1.976 Pursuant to the Provisions of General 'Law Chapter 131: Section 40, 'the Agawam Conservation Commission will hold a public hearing at - Um AdMiniQlZatign uildin 6-.Main Street A awam on _ThursdU,- March. 25, 1975 at 9:00 P.M. ....olclock, - This hearing is called to .act on a Letter of .Intent submitted by 303 North Westfield Street, Feeding Hills, Mass. to'.perform work under the name of at AFe a da,ng Hills, North Westfield and North Street Iff2my 3*lass. cc: Agawam Planning Board . Board 'of Health ,-.. Toren. Engineer Commonwealth of Mass. Dept. of Environmental Quality Engineering Division of Conservation Services Division of Waterways Applicant ` Town Clerk . (2) ` Tovrn Manager File A copy of this notice will be filed with the. Town Clerk to be posted at least 48 hours prior to the hearing. Dorothy AlNelsen Chairman, Agaisram Conservation Commission DAB'/wee Punning Board T0: Town Treasurer Date " -+A RT, F-L.. SUBJECT: Release of Performance Bond File No.% At an officially called and posted meeting heldLe- 1117o�he Planning Board voted to release 0%, of the monies held by the Town to cover pePfOrMance of wor]j� b otherwise known as for project This amount is released for work accepted by the Boar and described by the Torn Engineer in letter enclosed. CC: Town Treasure Town Clerkt File #933 t ' 0AVJ14A" —Z;�A ann ng Boar allp6n AGREEMENT This agreement made this //? _day of nv S M 61 1:z � 1975 by and between Efstathios Kratimenos of 303 North Westfield Street, Feeding Hills, Massachusetts and the Town of Agawam, a municipal corporation in the County of Hampden and the Commonwealth of Massachusetts, acting through its Town Manager, Witnesseth: Whereas, Efstathios Kratimenos desires to install a sanitary sewer on North Street Extension to serve lots 42 — 53 inclusive as shown on a set of plans entitled -"TQwn of Agawam Department of Public Works North Street Extension Sanitary Sewer Scale: Horz: 1"=40' Vert: 1"=4' hate: Sept. , 1975" and as specified in a Contract between Efstathios Kratimenos and the Town of Agawam entitled: North Street Extension Sanitary Sewer Now, Therefore, in consideration of the Town of Agawam granting permission to install this sanitary sewer and signing the Contract for the workp Efstathios Kratimenos agrees that he will not occupy or cause to be occupied any house on lots 42 — 47 inclusive until such time as the sanitary sewer and all its appurtenances required on the plans and in the Contract to serve those lots are• 6oinpleted and inspected and approved by the -Town Engineer of the Town of Agawam. Further, Efstathios Kratimenos agrees the water services will not be installed by the Town of Agawam to service any or all said lots 42--47 until such time as the work required on said plans and in said Contract is completed and inspected and approved by th Town Engineer of the Town of Agawam. Further, Efstathios Kratiment s agrees that he will not apply for building permits on lot 48-53 . inclusive until such time as the work required on said plans and i said Contract is completed and inspected and approved by the Town Engineer of the Town of Agawam. COS Whereas, on July 61 1972, the Planning Board of the Town of Uj C Agawam approved the subdivision plans entitled oW Liswell Heights :cam Subdivision Plan CO Uj For Burnice H. Burton o� Et Als 93 Scale 1"=40' Date: March 6, 1972 Revised May 25, 1972 Pharmer Engineering Cbrp. said plans being recorded in the Hampden County Registry of Deeds Book of Plans 139 Pages 72 — 75 inclusive, and Whereas, Efstathios Kratimenos is owner of this Subdivision known as Liswell Heights by virtue of a conveyance dated .June 3, 1974 and recorded in the Hampden County Registry of Deeds, Book 3980 pages 201 and 202,and Whereas, the capacity of the Town to provide sanitary sewer service in the area of Liswell Heights Subdivision and North .Stree Extension is limitad 'at this time, - I 2 Efstathios Kratimenos agrees that he will not seek or apply for sanitary sewer service for lots 9 -- 15 inclusive and 18 — 22 inclusive in the Liswell Heights Subdivision as shown on the above plans until such time as the Town constructs the Feeding Hills Trunk Sewer — North Branch — Section I from Springfield Street to the intersection of North Street and North Westfield Street. As proposed in the Agawam Sanitary Sewage Study and in the Agawam Capital Improvement Program far. 1975 .even though Efstathios.. ..- Kratimenos may have previously been in a position prior to this agreement to request the same. This agreement shall be recorded in the Hampden County Registry of Deeds and reference to this agreement shall .be entered upon the Liswell Heights Subdivision Plan and upon the deed Efstathios Kratimenos holds for lots 9 — 15 inclusive and 18 -- 22 inclusive. As well as lots 42 — 53 inclusive on North Street Extension above referred to. This agreement shall run--with -the''-Iaiidn,and==_be ::Finding upon the executors administrators, heirs and assigns of Efstathios Kratimenos, and his successors in title to lots 9 — 15 inclusive and 18 — 22 inclusive in the Liswell Heights Subdivision as well as lots 42 -- 53 inclusive on North Street Extension above referred to. Furthermore, this agreement is made in conjunction with, and as a part of, the contract entered into between the parties on the same date above referred to regarding the details and specificatio s of the installation of the said sewer to be installed on North Street Extension. IN WITNESS WHEREOF the Town of Agawam has caused its corporat seal to be affixed hereto and these presents to be signed and sealed in its name and behalf by the Town Manager, and Efstathios Kratimenos has signed these presents. In the Presence of: TOWN OF .AGAWAM BY A )Ajq� W MANAGER EFSTATHIOS KRATIMENOS Commonwealth of Massachusetts Hampden, ss � � /� , 1975 Then personally appeared the above named and aforesaid Efstathios Kratimenos and acknowledged the foregoing instrumftt to be his free act and deed before me )�2 4CO)iARY PUBLIC My Commission Expires& �I r � N �Na � OD d � r Planning Board TO: Town Treasurer Date 1Q1C�,75 Partial SUBJECT: Release of Performance Bond File No. 933 At an officially called and posted meeting held 10A(/75 the Planning Board voted to release ?&-o of the monies held by the Town to Cover performance of work by Mr, E.ffratimenos otherwise known as for project Paymore Heights This amount is released for work accepted by the Board and described by the Town Engineer in letter enclosed. Bond dated Dec. 4, 1973 -- lots 4,3,7,9,12--17 inclusive. CC. Third Natiop.al Bank of Hampden County - Book # ]own Treasurer '' , , ,� 2 S- ✓Town Clerk , C'r" I.D }-- r - , 7y3 , 7 File #933 LP Planning Board—&-airr4n r- UA Is in 1 tf V� _.` _' Planning Board TO: Town Treasurer Date .2/20/75_ - SUBJECT: Release of Performance Bond File No. _c - At an officially called and posted meeting held Feb.20 1=he Flanning Board voted to release of the monies .held by the Town to cover performance of worIx by Efstathios Krati *QQ-wise known as for project Faymore Heights This amount is released for work accepted by the Board and described by the Town Engineer in letter enclosed. Bond dated Dee. 4, 1973 - lots $, 3, 7, 91, 12-17. Third National Bank of Hampden County - Book # 217308. . CC: Town Treasur�.r Town. Clerk ✓ File #9 3 ann ng Boa a an 77 2-59-7/74-200 __ - - - - - - - - - - TOWN OF AGAWAM TOWN CLERK'S OFFICE F F B 21 1975 AX Amm 4$IWLi Y1$iiii 4 Mr. af stathi08 KratUEt no 12 $atte Dam Street Springfield, l e. 01104 Rot Pilo #933—Payso" DrIV* Dear M. Kmtlmenos Pleased be advised tit Us Pla=ing Boards at, .4. duly p0e1.06 *.- ing held on Janes 2i 1975, determined tUt. =fficientwork- has net been accomplished at this time to warrant a partial bon4 release. ' uinde��l�r g�vre, Natalie 0, Gearg green NOG/wem cc: Town Clerk w t Tpv� Krati (FAYMORE HEIGHTS) F TOWN OF AGAWAM 36 MAIN STREET AGAWAM,o MASSACHUSETTS 01001 1 ATfO t��y` Tel. 413-786-0400^ Deceal0ar 4, 1973 g'. PARTIAL R919ASE OF COVENART 4 ' This is to certify that the Agawam Planning Board has released lots 4, S, 7, 90 12-17 inclusive, on a definitive plan of a sub-division entitled , s' "Street and lot Layout of Faymore hieights Adams Street Agawam, Mass. Efstatnios Kratimenos 12 Aotre Dame Street Springfiv3d, Mass. Scala: 4Q feet/inch Dece ber 1972 S,�ith k Wallen Engineering Gampany, Inc. 602 White Street, Springfield, Mass." recorded ,in anpden County Registry of Dees in Book of Plans 144, pares 106 any± 107 as said lots are subject to the provisions of a covenant dated Harch 23, 1973, end given by Efstathios Exat.imenos to the Town of Agawam. Said covenant beinw, reeorded in Hampden Country Registry of Deeds Book 3909 page 198. AGAWAK PLUMING BOARD Hmpden so Commonwealth of Aweachusetts Then personally appeared the above na d J'atali.e C. George, Arthur J. Fuchs, and Stanley Drewnowski, Jr., members of the Agawam Planning Ord and acknowledged the foregoing to be their free act and deed before me. y FAY90RE HEIGHTS Wimenos (FAYNIORE NEIGH S) XfUM SENT This agreement, made this day of December 1973, at Agawam, Hampden County, Massachusetts, by and between EFSTATHIOS KRATR4ENOS, hereinafter called the DEVELOPER and the TOWN OF AGAWAM, acting throp�hlits°:Planning Board, here- inafter called the TOWN, WITNESSETH: WHEREAS, the Developer desires to carry out the--development of Faymore Heights, Lots 4, 51 71 9, 12-17 inclusive, as shown on a plan recorded in Hampden County Registry of Deeds, Book of Plans 144, pages 106 & 107. WHEREAS, on April 12, 1973, the Planning Board of the Town of Agawam anpr oved the plans entitled: '+STREET & LOT LAYOUT of FAYMORE HEIGHT'S Adams Street Agawam, Mass. for EFSTATIJOS KRATBAENOS Scale: 1" = 40 } Date: December 1972 SMITH & WALIEN ENG11MRING COMPANY, INC. Springfield, Mass." NOW, THEREFORE, in consideration of the approval of the construction plan and profile by the- Planning Board of said Town, the Developer agrees to com- plete the following items of work in a manner satisfactory to the Planning Board: ROADWAY: Construct a thirty (30) foot wide, 21 inch thick Type I-1 bituminous concrete roadway surface over a ten (10) inch compacted bank-run gravel base. All loam and other yielding material shall be removed from the roadway prior to the placing c,f .the gravel base. The gravel base shall be installed in two five (5) inch la ers each. compacted with a ten (10) ton roller. This shall be co-iered with a 1 inch thick base course of type I-1 bituminous concrete and rolled with a ten (10) ton roller; then after the passage of one winter season finished with a 114 inch thick top course of type 10 bituminous concrete. In addition the bituminous concrete shall be of a type and installed in such a manner as to comply with the specifications of the Massachusetts Department of Public Works. GRAVEL: Gravel to be taken from State approved and tested banks only. If it is necessary to test certain -ravel to determine if it meets the gradation re- quirements of the Massachusetts Department of Put-lie Works the cost of this tes shall be borne by the Developer. SANITARY SEWERS: Install eight (8) inch Class 3300 asbestos cement sewer mains manholes and appurtenances as shown on said plans. All work and materials shal conform to the standards of the Department of Public Works of the Town. WATER MAINS: Install eight (8) inch class 150 cement lined cast iron water mains, hydrants, valves and appurtenances as shown on said plans. R. D. Woods, . Mathews -imps-ova or A.P.Smith hydrants with 41 inch valve openirW, shall be used and shall be installed with a "T" connection at the main with a gate valve of the New York Metropolitan style. All work and materials shall conform with the standards of the Department of Put.lic Works of the Town. SURFACE DRAINAGE: Install reinforced concrete pipe, catch basins, and manholes as shown on said plans. All work and materials shall conform to the standards of the Department of Public Works of the Town._. BEDIS: The Developer shall install a bituminous concrete edging or berm along the gutter lines of Faymore Drive and Fernwood Drive. All berms shall be in- stalled using an approved berm forming machine and bituminous conaTte bens mix The berms shall be carefully and fully protected after 01acing until they have. lost all of the heat and until they have become Completely stable. FAYIIORE bEIGhTS 2 - TFd313ELTS: The Developer shall install five (5) foot wide treebelts on both sides of the street between the edge of the roadway and the sidewalks. Tree- belts are to be constructed with six (6) inches of loam Which shall be fine- graded, fertilized, seeded and rolled. The Developer shall care for the seeded areas, watering, reworking and reseeding them as necessary to develop a sat- isfactory stand of grass. SIDEWALKS: The Developer shall construct sidewalks on both sides of the street in all paved areas as shown on said plans. . Sidewalks are to be five (5) feet in width and consist of an eight (8) inch bank run gravel base and a two (2) inch Type I-1 bituminous concrete surface. The gravel base shall be wider by (3) inches on each side than the five (5) foot bituminous surface. The eleva- tion of the edge of the sidewalks nearest to the roadway shall be at least nine (9) inches above the gutter grade of the road. MONUMENTS: The Developer shall install all concrete bounds and iron pins showin on the plot plan of the approved sub-division, and their installation shall be certified in writing by a registered professional land surveyor. NOTIFICATION TO DEPARTMENT OF PUBLIC NCRKS: The Developer shall notify the Department of Public works at least twenty-four (24) hours in advance of the time when he plans to begin or resume work on this project. Failure on .the part of the Developer to provide such notification shall be cause for the Town to require the Developer to excavate and reconstruct as necessary in order to insure that the work has been done in a satisfactory manner. PFRFORMANCF GUARANTEE; The Developer shall furnish to the Town a performance bond in the amount of $20,000.00 or deposit money, or negotiable securities in this amount, to guarantee to the gown the faithful performance by the Developer within two years of the date of this agreement of all work reauIred herein. -It . is expressly .understood and agreed by the parties that any and all security re- quired under this performance guarantee are to be applied as damages for the benefit of the Town for failure of the Developer to satisfactorily.com►plete its obligations hereunder, and it is further understood and agreed by the parties that the Town specifically reserves its right to seek any additional damages incurred by the Town and not fully protected by the security udder this perfor - mance guarantee. NOTIFICATION OF COMPLETION: Upon completion of all work required herein, the Developer shall notify- the Town that the work is ready for final inspection with respect to the release of the guarantee. Release of the guarantee is con- tingent upon all work being completed in accordance with the standards and spe- cifications included herein. IT WITNESS WHEREOF the Town of Agawam has caused its corporatei.: seal, to be af- fixed hereto and these presents to be signed and sealed in its name and behalf by a majority of the Planning Board and the devela ,bas'"signed these presents TOWN OF AGAWAM DMLIOPER rT4own Clerk �nningrd ; APpro yed,4-5,to on date .f s claw n nse , Faymore Heights of Kratomenos 0 TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 0 MP Tel. 413-786-0400 PA IAL RELEASE De COV NT This is to certify that the Agawam. Planning Board has released hats 11, 2, 3, S and 10 inclusive on a definitive plan of a sub-division entitled *Street and Lot Iayout of Faymore Heights Adams Street Agawam, Mass. Ffstathioe Y;. Kratimenos 12 Notre Dame Street Springfield, Haas., Seale: 40 feet/inch ` December 1972 :with & Wallen Engineering G=pany, Inc. 602 White Street, Sprixwfield, Xasa." recorded in Nxapden County Registry of Deeds in .Hoak of Plana page as said lots are subject to the provisions of a covenant dated March 23, 1973, and given b 7 Efstathios Kratimenos to the Form of Aga- wam. Said, covenant being recorried in hwapden County Registry of Deeds Book page. October 16, 1973 4 c : L r i f Hampden as Commonwealth of Massachusetts Then personally appeared the above named fiatalie C. George, Arthur J. Fuchs and Steven P. litrosser, members of the Agawam Planning Boards and aqimoYledged the foregoing to to their free act and deed before me. i Y Canmissi*n Expires J a• � � TOWN OF AGAWAM 6 MAIN STREET AGAWAM, MASSACHUSETTS 01001 SATED MP ..;`: + Tel. 413-786-0400 TOWN This is to certify that the Agawam Planning Board has released lot 11 on a definitive playa of a sub-division entitled "Street and Lot Layout of Faymore heights Adams Street Agawan, Mass. Efstathias Kratimenos 12 Notre Dame r Street Springfields Maser. Scale: 40 feet/inch December 1972 Smith & Wallsa Engineering Company, Inc. 602 White Street, Srringfiold, Mass." recorded in Hampden County Registry of Deeds in Book of Plans 144, pages 106 and 107 as said lots are subject to the provisions of a covenaat dated March 23, 1+73, and +; E' given by Efstathios Kratimenos to the Town of Agawam. Said covenant being re- c orded in Hampden County Registry of Deeds Book 3SD9, page 188. Apawss Planning Board obey �� 19'7� C.G • } 14 - pden as � Commonwealth of MassacIA ttsetts � Then persona14 appeared the above named Lawrence R. 4�connell., Arthlar J. Fuchs, and Steven P. Kitrosser, members of the Agawam Planning Boards and acknowledged the foregoing to be their free act and deed befo me. i ;� N7 commission tvires i TOWN OF AGAWAM, MASSACHUSETTS y h CONSERVATION COMMISSION paw"n t to "w P"Vl hem of 0." owwe 3jus as*, has tAg*w4m cafts*rfttloa cami3slon will hold a p4buo b"rift. In the Town AftInIstrattain iftilding at 7# # uvsftdv Ostobor 11L# 1973;p is ast 012 the Petition or s. tmtbwmw to p*vrorm work subloot to the act at SW earnor of and Awthwort isld s'tso FA 0#&e 4 PLANNING BOARD � h AGAWAK MASSACHUSEM December 19, 1972 Mr. Edward Caba Town Clerk Agawam, Mass. Re: Proposed sub-division #933 Kratimenos Dear Mr. baba; The preliminary plan filed on October 24, 1972, by Mr. Kratimenos is acceptable as a site layout for his intended sub-division. However, before final approval can be given modifications as requested by the Engineering Department must be shown on the definitive plan. Very truly yours, r Charles Calabrese, Chairman c/1 DEC 1 Am ifi fti53f,�',. TOWN TOWN y FORM B APPLICATION`FOR APPROVAL OF DE+1FNITFT PLAN FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND A COPY WITH THE TOWN CLERK IN ACCORDANCE WITH REQUIREMENTS OF -SECTION III-B AGAWAM ---- /% 5�----------------------•-------- 19 ;7�2 To the Planning Board The undersigned herewith submits the accompanying Definite Plan of property located in the Town of Agawam for approval as a subdivision under the requirements of the Subdivision Control Law and the Rules and Regulations Governing the Subdivision of Land of the Planning Board in the Town of Agawam. 1, Name of SubdividerF.S� �ls --------------...J• 14_ 1rxz � d _------------------------------- Address S--------- ------ 2. Name of Engineer or Surveyor 1._ I ...... -:--- -_---_-'V�c----------------- Address -------- 4.�7j.t, r� ,---- 5 3. Deed of Property.4tecorded in ---------- '�t. '�1? �_---•- tl -------------------------Registry, ------.------------- f Book -& -------el� Dk------------------------- -------------------Page ------ ---------------- ---------------------------- ---•------------------- 4. Location and Description of Property: loAJ4'•�T ©� `/�i�Jr] ��b /r �� �c7GAr/� ry��i ��1� �dd2TJ��•��� r9A/ w I �S�y��i✓G�' dam' �d¢ .D� x� ��i✓ /2dtJ ���/ �r �r�r� Li�i✓.ram �1/,q.�-1r-a L�1✓tom � 49�F 8 �` �To L�.��r� �'�" G'/2�sGaL� J" ���G.� ✓J✓/!tJ& .5 4 ¢8 - 3 2 '/� 457 roe A/rev S.� -,��vis�dl,J 1�,��vG G�e��i�i�✓ �� Your attention is directed to Section III, B. 3 of the Subdivision Rules and Regulations requiring the posting pf a bond or recording of a t'`BEFORE approval can be. given. S RICE, .� 3 a ... .Signature of owner t? OC T 2 4 1972 -w ?a Awam Planning Board 1 Address -------el--._hV.€z(_1j.a.-----0sa .......... :,....._._ Agawar , ITT 2 4 'T1_ AN Ir i �r TOWN CLERK'S OFFICE w ; � ON t ' Pw 14 _ Mil het y{ b3. �. : :y.A, � �}. x • .. y, t'C , �'" ` _a •ti. k' -Town of d6ftnifiv Board of.--thei �' "ay ore Heights. amd..}gar lit a� edul;Oki r w the s`e i ay tad - t sDO Pox n t r e z+ A �_ !S mat » mmv- ad, to lwoivo r �' - c.l F * "i,r d' F' _ n- "! �.r �- tr t• i -fir{`'� 3 .� �" ti- ;: j-sue •�. � x . #. i - � y4y - !� �.a{'.. �k •L�f{ a -.: �'i 5s •- {E-;: z s � or tvnvey 1 wry a _ ,s �p x.,z •`'a x, t - .< ,f' t a4:d- td-LOW ems. _ t sorvCr�i7 �+i` -c' .•. s :* ry yy -AMM:� 14_ ode 4 r .a•i' t - y; ,� + q• _ -y deed of the entire parcel of land shorn on than subdivision plan .of all lots not preeviouslp reieas by the Planning Board, without first provi4ing such ways and searvices. 5-0 This Covenant ':hall take effect upon approval of Seid plan. 6 Roforence tee. this Covenant shall be entered upon said plan and this Covenant shall be- recorded when said plan is recorded. sm Ag A sF.An rSTRUMM s dap of March, 1973. EFSTATHrOIS IFRA"fIMMS COMMONWAtTH OF MASSACHUSETTS ffampdom, Sig. /[ . 23 I"3' Then personally appeared the above mod_ Kfatathioe Kratimenos and acknowledged the foregoi SA-Atrument be his free act and -deed before me- Notary c My. c r.�ission `expire �OIW4144 / 7 Aga2(P 9 f , t _ COVENANT LANCING, SMITH, AUCHTER AND BOZENHARD COUNSELORS AT LAW 5 5 STATE STREET SPRINGFIELD, MASSACHUSETTS 01103 April 20 1973 TO W7R(W1 IT MAY CONCZRN; 1, Edward A. Cabal Clerk 40f she Tcwn of Agawam, hereby certify that the notice of approval of thi 3 pltn by the Agawam Planning Board hi:s been received and recorded at this office and no notice Of appeid waa received durin,E, the .-Wendy days next after s"xch ro - ceipt and recording. of said notlee. F ward, A. Caba, Town 61erk nF,: F aywore Height 3 �a. -ati.r�eza zr 933 Dated .-► .reh 14, 1973 ff Adams St. � PLANNING BOARD AGAWAM, MASSACHUSMS March 14, 1973 Mr. 'Edward Caba Town Clerk Agawam, Mass. Re, Faymore Heights - E. Kratimenos #933 Dear Mr. Caba. The Planning Board approved the. above sub-division on March 13, 19730 subject to the 20 day appeal period. A bond or covenant must be received within this period and also easements must be received within the appeal period. Very truly yours, 1 Charles Calabrese, Chairman c/1 4 '73 All ��r►n� e ti TOWN F AGAWA nar .. � On ��\\ {. : . . ) \ ) � � k � i � P---'--T0Wfq '0F'AGAWAM MASSACHUSMS �' BOARD OF APPEALS z DECISION OF BOARD OF APPEALS F�'S M - Date Dec. 9. 198Q r Petition of Le Es C. EquiMent Co. Inc. Premises affected 1786 Main street Case #969 CC The petitioner, Mr. doaquim Mendes, President of i.. E. C s Equipment Co., Inc.,' came before the Agawam Hoard of Appeals at a public hearing held on Thursday, October 22, 1900 seeking a Special Permit under Section 201, Paragraph 51 of the Zoning Laws to allow the salvage, storage, restoration and sales of heavy construction and earthmoving equipment on the premises identified as 1?86 Main Street. The property in question, comprising approximately six acres, is located at the southermost and of fain Street, and is zoned Industrial A. The surrounding neighborhood is comprised of several commercial and light manufacturing facilities, including a fibreglass swimming pool manufacturing and sales operation, a motorcycle repair shop, a boat repair operation, an amusement park, used car lot, etc. The petitioner stated at the public hearing that he is engaged in the purchase of, and the restoration of, heavy earthmoving and construction equipment which he purchases in the United States and Canada. The repair and restoration of the above mentioned equipment would be done at the Main Street Location. Mr. Mendes stated that he needed a location where the refurbishing and restoration can be done under the proper conditions, with an area available for the display of the reconditioned units. The Board feels that the most careful consideration must be exercised in determining what affect, if any, the granting of the Special Use Permit Mould have upon the neighborhood. Would the Special Use Permit, if granted, tend to cause a change in the character of the neighborhood either immediate or long term? These are considerations which the Board must address prior to its reaching a decision. In attempting to reach a decision the Hoard also took into consideration the following. The property in question is currently zoned Industrial A and is located in an area housing a diverse group of commercial entrepreneurs. The operation as requested is a permitted operation under Section 20, Paragraph 51 (13) of the Zoning Ordinances. The principal retention area ufould be approximately 8 to 10 feet below the grade level of Main Street and would be removed from the public view. TOWN OF AGAWAM - = MASSACHUSETTS BOARD OF APPEALS ryll DECISION OF BOARD OF APPEALS r" co Date—Dec. 9l_ 1980 -� Petition of L. E. C. Equipment Co., Inc. Premises aFFlcted 1786 Main Street Page 2 The principal area of repair and restoration would be loca*,ed indoors in an existing snap building located 2509 (feet) from Main Street toward the rear of the property. The completed equipment would be displayed along both sides of the fifty foot wide access area to the main shop building and offices. There were few people in attendance at the public hearing and no one spoke in opposition to the petitioners request. After a careful and judicious review of the petitioners statements, and a personal visit to the site by each of the Board+s members, the Board concludes that the granting of the requested Special Permit mould not have a deleterious effect upon the surrounding neighborhood, and would allow an operation to exist, which would in fact be in hamony with other businesses that currently exist in the area. Therefore, the Board of Appeals of the Town of Agawam, by unanimous decision, do vote to grant the petitioners request for the Special Permit subject to the following conditions, and subject to the granting of a Ill Class License by the Town Councilt 1. The operation will be restricted and confined to the salvage, storage, restoration, and sales of heavy duty earthmoving and construction equipment only. The salvager storage and scrapping of automobile and light trunks or similar vehicles, and their parts, is expressly prohibited. A light truck or vehicle is defined as any vehicle with a gross vehicle weight of leas than 5,000 pounds. Z. The proposed retention area to the rear of the property where the chassis and stripped units are being held shall be completely enclosed by a chain link fence 6 feet in height and topped with a three strand barbed wire perimeter angled inward. The Board feels that this is a necessity and a safety factor needed to prevent serious injury to any child or young adult who might be inclined to enter into the yard in the absence of such a safeguard. Said fencing must be installed not less than 90 days from the {late of the issuance TOWN OF AGAWAM MASSACHUSUTS BOARD OF APPEALS Ma�1 DECISION OF BOARD OF APPEALS 0 Date Dec• 9.t. 1980 Petition of Le E9 C, EqRipment Cool Inc Promises affected 1786 Main Street Case62 4 Pale 3 of the III Class License, !I, An access way, a minimum of 151 wade, and extending to the rear of the retention way, shall be provided and maintained for the passage of fire and emergency equipment, if the need should arise. 4, The hours of outdoor operation shall be restricted to normal week daffy business hours, those hours being 7800 A.M. to 5t3Q P.M. 5, This Special Permit shall have a time frame of five years from the date of this decision, and the responsibility of the renewal shall rest solely with the petitioner. 6. The petitioner shall apply for a renewal of the Special Permit not less than 90 days prior to the date of the expiration of the Special Permit. 7, The petitioner shall have the Notice of Special Permit recorded in the Hampden County Registry of Deeds prior to its become operative, i • j ` N OF AGAWAM, M ggAbHUS p TS Board of Appeals f 0 SEF 2 9 1980 V Fez,:� ,P4as5. No. Filed l Hearing Application to Board of Appeals for Permit as provided in the Zoning and other By-Laws. Applicant L E C Equipment Co. , Inc. Address 1786 Main St. , Agawam, Ma. Application is hereby made for permit as provided by Section 2C)-72 — Paragraph Une 1: of the By-Law. Premises affected are situated on Main Street; feet distant from the corner of Street and known as . Number Street . Property is Zoned as Indus trialA construction TFor sales and repairs of used equipment and parts. Also included in our operation is the restoring and salvaging of heavy construction equipment. During the process of restoring and salvaging we find it necessary to sell excess equipment parts as part of our business . Signa ' re o . owner or his authorized Agent Notice : This application must be filled out in ink or typewritten. i • THIS SIDE TO BE FILLED OUT BY THE ASSESSOR'S OFFICE Following is a list of names and addresses of owners of the fee, of all property fronting on the same side of the street and which lies within 400 feet of each side of the land in question irrespective of street intersections, and the owners of the 3 properties in front and in the rear of the land in question: Names. ..................................................................................... Addresses: .............. .................................................................. ..................................................................................... ................................................................I.........I.......... 60 BOARD OF APPErAL i l�Eh`TII� October The following members attended the 7:30 P.M. meetings Theodore A. Progulske, Chairman Ronald Hebert, Acting V06-1hai.rnmMan Ronald LaRiviere, Clerk xppa1_ of L. _E. C. Eagipment Co.,_ iCrre. 170 Main Street Case Chairman Theodore Progulske opened the meeting promptly at 7:30 F.M. by reading the legal ad as it appeared in the newspaper. witting in attendance were Chairman Theodore Progulske, Ronald LaUvi.ere, Clerk of the Board, and Ronald Hebert. Observing was Hicluel _i ietro, alternate member. chairman Progulske explained to those in attendance the format that the meeting would take and then asked tke petitioner to state his case. Mr. J. FeWes of 170 ::fiver Road, Presider. of L. : . C. Equipment, explained to the Board his reasons for wanting a Special Permit under Section 20, Paragraph 51 of the Zonin Laws. Mr. Vendes further explained to the Board that his is in the business of i:uyirg, re-furbi.shin7, and selling heavy road building ma hiner r at the 1786 fain Street location, and he would like to be able to salvage,stare, and restore the ab ve mentioned cquipment at an area in the rear of the present building,. This area for d0mantling to be located 400 to 450 feet from :Main Street, in an area approximately 8 feet below street level. Both the Chairman and the Clerk raised ;:Viestions as to the nursber of employees and the work hours involved in the operation. kr. Mendes indicated that he employes 9 people, and that sometimes his work day can ran 10 -- 12 hours necessitating work after 000 P.M, Mr. Michael 7emko of 1777-1779 Main street indicated that he lives directly across the street from L. E. C. 3auipment and he had no objection to Mr. Mendes proposal, Attorney John Teahan, with offices at 62 Suffield Street, Agawam, representing Riverside frank, indicated, that Us client had nc objection to the proposed operation as stated by Kr. Mendes, and would not oppoef t..he granting of the Special Permit provdded it is limited to the current operation. Mr. Teahan did say that his cliezit would be opposed to any expansion of the current operation as stated, and mould have specific objection to the operation of a junk yard on the premises, or an automotive salvage yard. Mr. Mendes did indicate to the Hoard that he has no intention or desire to engage in an autoMobi:le scrappier operation. The record should indicate that there were only three people in attendance at the hearing: Mr. Joseph derides, Mr. Michael Deuko and Attorney John Teaban. Chairman Theodore Progulske concluded the hearing by explaining to those in attendance the procedure that the Beard can take to reach Its decleion, as vein Ff • s r} - Cri -f .. TT 45 . r BOARD OF APPEALS MnTIM October 22, 1980 Page 2 as the time .frame involved. Chairman Progul.ske adjourned the hearing at 7:57 P.M. _ R 7 espectfully submitted, SI Ronald E. LaRiviere v^Ierk Kinutes received: Cct. 28, 1980 Minutes typed: Oct. 28, 1980 Minutes to Mr. Caba: Decision: received: Decision typed; Decision to Mr. Caba: Decision mailed: w f .