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L.J.R. ENTERPRISES INC. Y �r L.J.R. Enterprises Inc. -- -- Oyu OF APPEALS MEETING AAO 2tffift.E following members attended the 700 Y.M. meeting: 197R MAY 18 RX 3 . The tall 2 T.A. Progul.ske, Chairman %f J.P. Shaughnessy, Vioe Chairman J.L. Zerra, Clerk A J H 4a-t es s 2 r Rd1.-* Case #860 The petitioner acmes before the Board seeking to allow the construction of single family dwellings on lots oc attain ng less thm the required area. Lots 2-3.2 Qverlock Drive. The Chair opened the hearing by introducing the members and reading the notice of the public ,hearing. He then explained the procedure the hearing will follow and called upon the petitioner to present his case, Mr. Littlefield started his presentation by reading a financial report an the total cost of this project to date and projected expenditures to fulfill ensuing vbligatioes to bring this development to a close. He also gave a complete history starting with the first developers (Mathew J. Webster-Hilltop Acres) through his present csmership, He then went into a detailed discussion on his development. Copies of his financial presentation and discussion attached - and his hardships if he has to reduce the 12 lots to 9 iota, Air. Frogulske explained about Sect. 7A, Chapter 40 of the General Larry that certain plans have only a thane year grace period. Plans were approved May 2, 1972. Sub Division control not required. After three years mat start over agAin. Mrs Georges "in 1972, the previous Planning Board got a plan from Carmel Associates and offered to submit plan as Form B. 1972 Planning Board said only Form A is re- quired because of 1955 recorded plans. In July 1971 approval of construction drawings also could not obtain easement from Barbara Cook for a store drain oonaection. This neclssLtated drywalls and eonwetion into the legal Tom system. Canstrwctioe drawings approved yet Zone requix*ments as to lot sizes did net comply, Planning Hoard voted 3 to 0 for a denial of this variance." Mr. Progulske: RNX, Littlefield* Did Carmel Associates say subdivision could be built on?" Mr. Littlefield: "Yea, aaq deed describes 12 building lots. I an assessed for 12 building lots and Carmel Associates also paid. taxes an 19 lots, later reduced to 12 lots." Mr. Shaughnessy: "What is the crater pressure in the area?" Mr. Littlefield; " I am not prepared to anew er.0 Mr. Progulaske: "I will ask the D.P.W to run a test and get an accurate answer, At present, I will read a letter into the record from J. Stamp describing the water situation as of this date." Mr. Locke: stated that the lot sizes are in conflict with the new zoning require* scents and that the hardship to the developers is self im wed, Did thq check the zoning requirements and lot asivAn before bearing? "The lot behind my use is completely stripped of tress. Also, our water pressure is law in the Summer." 9 BoAio L7 APiZCL XUTUG TOWN CLERK OFFICE APHIL 210 1976 14 Um IT Page 2. ' �1 Mr. Eckstodt: "I had to build a epee swim a8 pooJ ' o I could wash sQ kids." R. Ashton: "Kuhr long should we gait before we get a pump to provide crater pressure." Mr. Locket "About the pump, it has never been used." Mr. Progulske: "Western Sass. Zlectric has romnved the meters because of vattdalissi and also the puW has never been used. A check valve will be installed by L.J.B at South Westfield Street and them the pump could be activated if needed. Since the demise of the farmers, the 'rater pressure has been mnab better." Mr. 400dru:ff: "The grading of the streets has never been right. Sunset Terrace is being used, yet who will be responsible for all the rebuilding? MW house is a mess because of the vibrations of the roll,er.0 Mrs. Geendront "W taxes last year were $1299, my cellar floodat theta is no protection for us. The Plantring Boud, Town Seagiae:er and the Building Inspector should be doing something for us." Mrs. George said she spoke to :1r. Littlefield to rush the ,job along and please the neighbors. Harry Duramt: "The surface drainage of Hamilton Circle should drain to a brook. I have water problems in m y cellar'." Frank Mason: "The streets are in a aeplorable condition. There is a '1' X ;+ manhole with no cover or. it, and some kids could fall in and drown. There is danger from underground electric wires." Mr. Albert Ober: 114 front door cannot be used because of a multitudes of stones." Mr. James Devecchi: "All of us here are against granting triis variance." A snow of rands found thirteen (13) against granting tr:is. For added evidence Mr. Progulake received a letter from Town Engineer# John Stone, listing the #^20 pressures of various homes in the immediate area of this development. He also told Jerry Zerra that there is an ample supply of water. The pressures - at times could be better. He also told Jerry Cerra .for the past two (2) years that the DPW has not received arty complaints about water problaw, Mr. Proguiske then closed the meeting by advising anyone agrieved by the decision of the Board to seek counsel and that they have twenty (20) deya to Initiate litigation. Attached to and made part of this, bearing is the patitioners notes as well as the Teem Engineers test report of water pressures as described& OVERLOOK DRIVE PROJECT 11 CASE HISTORY A. Short discussion cn total project (Mathew & "dobsteerAMtop Acres) 1935 - Deed Recorded - Hook 49 Page 77 rhea: sold to Peter Hamer Developing (Hamer Driver & Hamilton Circle) OAiW OF APPEALS MUTING TO YN 2] 1 Page —'7976 MAY 18 PN � 7 S. Then Third Nationml Bnk sold nineteen (19) record Q to Carlo Sonarita (Carla SAnavita Developing Overlook Drive). Carlo was forced to reduce lots ,per new svne regulation from 19 to 12. C. L. J. R. Znterprises, Inc. Uevetl,opirng, Overlook Drive. 1. Purcbmaeof property April 1, 1975 & Ins a. closing stateafts 2. Dweloping the property March li 1975 a. Finaming b. Construction Start March 1, 1975 e. SAification of Updating Construction Drawing *y d. Procedural Motions of Updating May Oct. e. Tentative acaeptance of Phan an dulyi 1975 Full Acceptance October 16, 1975 2. NARWhIP A. Fizancial 1. Gross Revenues Lost 2. Sedustions of Lots from 12 to 9 3. Time Span Increased 4. Carrylag Guts 5. Additional. Finaming Required b. Lass of Lot sales 7. Difference Between Total Projected Cost, and Initial Markotablilty a. Raise Price b. Enter Suilding Field a. S. Abandonmmt 1. Primipa].s Effected 2. Mardsbip Forced on Otters a. Subcontractors b, landlAg Institutions c. Town of Agalomm d. Residents in Area e. The Lug V OF APPEALS I&DA=Wril21. 1976 Page N CAM OFFICE AGAW ► MASS. 3. Pwf'u= W-2. PGB GRANTI 4L&A Vtiitxr XE: A. Lea did comply in size at the t of coast i of the betterments B. Lots 1 - 12 are already substsntial]y larger than tie in the total development,. C. Finish Landscaping Plans have been accepted by the Planning Board as to s a bleed .in thee* 12 lots most attractively and to properly handle surface runoff, as well as _cosmetically appreciate the iumdI area. D. Substantial storm draiLage +Aaa been installed and approved to handles Overlook Dilve, Hamilton Circle and Sunset Terrace. X. Water system hats been approved and the pressure is quite substantial* prim ly due to complating the Loco. F. Two fire hydrants have been installed to further safeguard the 't�iate area which were virtually without protection on Sunset Street and Hamilton Circle in case of fire. G, Adequate sanitary sewer has been installed with all precast strutctures& sv as to aid in public health and welfare. H. Berm#ng, Paving and Landscaping of tree belts on Hamilton Cale, Sunset Terrace and Overlook Drive can be completed, of which neighbors have been anxiously awaiting. I. In construction of the roatdmq we have used nothing but the fist materials available and have been under the constant supervision of the 4ngineerimg Dept., the Planning.Board and the Conservation Com ttee to further guars *4w a better develo.=ent and an asset to the Town of Agawam. J, A controlled building envirorm►ent will be maintained, as to lsadarcapitag on lots all tress, shrubs, etc. Brill not be disturbed except for the actual cenxtruo» tion of the houses. K. Houses to be constructed will rye from $35,000.00 to $45sUUU•00 and will be all custom contracted home which will acid substantially to the resale of hues in the area, The differences between the total projected cost of the develop umt and the initial marketability of $120,wOUO.99 will hopefully be balanced n+a by two factors. 1. The possibility of raising and marketing successfully the building lots at an increamd price. 2. L.J.R. &%terprises reluctantly entering the building field to try to matte up for loot revenues. The lees of reveme to L.J.R. Interprises would mean undue hardship on its principals. kegmtably, the cogpazr would be Pore to stop all current work and abandonment of the Overlook Drive project would then be eminent. The hardship experienced would then be parlved to the subcontractors, tzaough undersband. i,ng, still have high outstanding balances flue, also the lending institutions involved, The Town of Agawam and the residents in the immediate area. i i B=iD OF APP«A1S =TING TO)IN April 21, 1971 Paw 5 mother problem resulting from the abandonments a vary impo a is the hardship forced upon the land. The unfinished eyesore I'm sure we would all want to avoid. 4. SWW-kn The plan for this awes has been laid since Hay, 19551, no lot sizes have been increased except for Overlook Drive. Carlo Bonavita purchased the prop- erty in question on February 8, 1972 at which time the lot area requirements were 310 Frontage and 15,000 square feet. In April. of 19759 L.J.R. Enterprises, Inc. purchased this property from Carlo Sonavita as twelve building lots and has developed the property with this intent. Hwvevers to act harmoniously with the wishes of the Planning Board (Natalie George), the Conservation Casmittee (l+orothy Nielson) and the engineering Department (John Stone), it was the general consensus to file under Form B. Subdivision ;ontril, required statutes for the con- struction of this development. The plans were accepted by the Planning Board an July 31., 1975 and construction was started and 75% complete as of November 16$ 1975, A was brought to our attention by the Planning Board Chai.rw+omant Mrs. Natalie George, in a litter dated Spetember 17► 1975 that these lots were processed by the Planning Board on a Form A and approved on May 2, 1972. Subdivision Control not required. The lots thaw camformed to the zoning requirements. She suggested, as well as Mr. Joseph Conte, that we seek a variance on area of lot size. The lots were designed to comply with frontage, but Yell short on area. However, these lots do exceed the Area of all lots that have been built on this development. We sincerely felt at the time of developing this property and working on an almost daily basis with the Planning Board and the EnVmsering Department, that we were all working towards providing a development that would be a credit to the Town of Agawam, and a working smuWle that Town government and private resources could work together and produce more in harmony than they have shown in the pass. We, at no time felt that we werenft promoting the health, safety, convenience, morals and wrelfate of the residents of the Town of Agawam. We, therefore$ sincerely request a fair judgement in favor of granting an area variance, L. As the current plan exists with (12) twelve building lots, the maxim= marketability of the lots is at $120,000.00, based an $10,000,00 perlot. If L.J.R. Enterprises$ Inc. is Required to comply with the 20,000 S.F, area requiremento the comber of sellable lots will be ant from (12) to (9) lets. Gross revenues reed wlil be decreased from $120,000,00 to #90,000.00, The increased size of the lot will. not appreciably increase the selling price. We have been involved with the Overlock Drive develop- me * since March of 1975. In the time period, itrah, 75 to April$76, onyx the income from (1) one lot has been realised. With each months delay in the completion, the financial carrying cost has become more and more burdensome. The teal finance charge alone is > W,000 Per month. The failure of Overlook to start paying off has meant additional financing on BOARD OF APPEALS MEETING TOWN CLERK QFFICE April 21, 1976 n pp�� the part of L.J.R. to carry admirRIAi�P af��t ?AO' 'Ioverhead costs. The delay in completion has taken its toll on the lat sales. Following our initial marketing plan, the lots were actively put on the market. Thru the efforts of the comparAY. Lot 8 was sold and contracts were negotiated, signed and deposits taken on six(6) other lots. Because of the delays, in the completion of Overlook drive, the schedules of the buyers were so affected that their plans had to be changed. Therefore, the deposits were returned and the contracts cancelled. -------------------- PROJECT ANALYSIS OVERLOOK DRIVE DEVELOPMENT Actual cost Material & Labor to date $632303.00 Actual Finance Charge to date _5,i_826.00 $69,129.00 Est. Material & Labor to complete 260913.00 Est Finance Charges 6,3 00 EST, TOTAL COST TO COMPLETE 33,087.00 DEVELOPMENT COSTS $1020216.00 LAND COST 20,000.00 TOTAL DEVELOPMENT COSTS $132,216.00 Actual Interest - Westfield Savings Bank $4,565.84 Actual Interest - Carlo Bonavita 1 260 60 TOTAL ACTUAL INTEREST PAID $5,8 Estimated Interest - Westfield Savings Bank $5,247.00 Estimated Interest - Carlo Bonavita 927.00 TOTAL ESTIMATED INTEREST TO TOMPLETE $6,174.00 0 s BOARD OF APPLALS MELTING TOWN CLERM&B 1976 Page 7 T= OF AGAAX 1976 NAY 18 N 3 33 .)W INTF &OFFICE '10L9iDU14 Received-April 29, 1976 FRQMz John P. Stone, Torn Fntxineer DATE; A 6 TO: Board of Appeals S;iZCTt Oy, 160k Dan_ At your request we have made pressure tests in the area of Overlook Drive. oie could not take readings on Overlook Drive as the water wain has not been activated by the Developer, Fresaurs Tests were made at the outside faucets of various houses. Where possitle thesAw tests were made both with no water being used in the house and with one tap running. The results are as followst LOCATION Pu SSURE PRESSURE NO FLOW ONE TAP OIL 19 Hamilton Circle Pei 43 Pei At top of hill- elev.2851+ 59 Milton Circle 62 psi at east bass of hill- elev. 245t+ 21 Briarcliff Live 41 Pei. 37 psi at top of hill -elev 305± 63 Briarcliff Drive 54 psi at east "as of"hill- elev 265 t 73 Southwick Street 60 psi at Sunset Terrace-ele7 250± 71 Sunset Terrace at Overlook Drive-elev 295 ± 43 psi 39 psi In the suer during periods of peak water useag• a 7 to 10 psi drop in these pressures could be expected, Also, pressures at a second floor tap would be about 5 psi loner than the above measure- ment, John F. Stone; Torn Engineer JFSAw Respectfulul3, submitted Jer Z , Clerk Minutes received - May 10, 1976 Minutes typed- May 18, 1976 Minutes to Mr. Caba -5 Decision typed - Decision mailed - Decision to Mr. Cab& - A TOWN OF AGAWAM* MASSACNUSETTS BOARD OF APPEALS ao p 1� DECISION OF BOARD OF APPEALS T , rr o Date ,MAX 14-- 19% imw �� -n Petition of L, J R Enter rises Inc U'n w m Premises affected Lots &2 thru 12Overlook Drive Case #860 The petitioner L. J. R. Enterprises has come Before the Board at a public hearing held on April 21, 1976, seeking relief from Chapter 20, Section 20, Sub-section 38 of the Zoning Ordinances to allow the construction of elildh (11) single family residences on lots providing less than the currently required minimum area. The Board at a subsequent meeting, reviewed the facts presented at the public hearing as wail as the evidence observed at "on site" inspections by each Board member and, agreed on the following conclusions: 1. Eleven of the twelve lots shoran on revised plans of lots dated April 1972,0 approved by the Planning Board on May 2, 1972, under form A and reawded on the Hampden County Registry of Deeds,in Book of Plans 134, Page 76, do not presently conform to the current minimum lot area of 20,000 square feet. They do however exceed the minumum frontage requirement of 120 Peet. 2. These twelve (12) lots exceed in frontage and area all existing lots in the original sub-division as laid out. 3. On March 11, 1972s the Town Meeting voted to increase the minimum lot size in Agricultural Districts to 120 ft. frontage, and 20,000 square f*ot minimum. This change was subsequently approved by the Attorney General of the State on January 16, 1973. 4. On Larch 29, 1972 (Case #753) the Board refused a plan for seventeen (17) lots idith 90 foot minimum frontage as laid out on plan dated September 30, 1963. 5. Assessors records limit twelve (12) lots#and taxes have been levied against twelve (12) lots since 1973. 6. The petitioner purchased this property from Carmel Associates, Inc,, on April 1, 1975, as twelve (12) lots. Said deed recorded in Hampden County Registry of Deed4 book 4114,1 Page 288. 7. The petiitoner filed at the specific request of the Planning Board under Form B, a definitive plan for their review and recommendation. On July 31, 1975 the Planning Board approved said plan subject to certain conditions as described in a letter to the petitioner dated August 1, 1975. 8. The petitioner has expended a substantial amount of money in constructing street amenities as required by the Planning Board and the Town Engineer. 40 �► A TOWN OF AGAWAM MASSAC14USETTS BOARD OF APPEALS -_ yc► - `�� -� -ter DECISION OF BOARD OF APPEALS o a Date &y N�19% -- Petition of L.J.R. Enterprises, Ina. Jr Premises affected Lopts #2 UM 1.,Onr1o__lbeive Case_ M -page 2- 9. The Board is very aware of long time grater pressure problems experienced by area residents, 10. Water pressure tests taken on April 29, 1976, at the Board's request by the Town Engineer in specific areas of this sub-division, are on file with this Board. It is the Board unanimous opinion that based on the facts presented, substantive relief can be granted the petitioner without substantially derogating from the intent and purpose of the Zoning-By-laws as all eleven (21) lots will exceed in frontage dimension the existing Agricultural District requirement of 12O feet, The lot area of these lots will exceed that of all lots in the immediate neighborhoode In the opinion of the Town Brigi.neer, the installation by the petitioner of a suitable check valve on the water line at the intersection of Sunset Terrace and Southwick Street will eliminate the water pressure problems experienced by the area residents. By requiring this installation prior to the construction of arq residenceswill in the Boards mind protect the publics good. Final],y, a denial of relief sought will caused substantial financial hardship to the petitioner as he already has expended a considerable sum of money to construct to the Town's satisfaction the amenities required to serve the lots as laid out. Therefore, by unanimous vote the Board instructs the Building Inspector to issue building permits as required on Lots #2 thru #12, subject to the following conditions: 1. No building permits will be issued until a check valve of a type and size agreeable to the Town Engineer is inst4lled in the water line at a =Auall,y agreeable location on Sunset Terrace. 2, All other construction relating to storm drainage as well as public and private utilities shall be completed to the satisfaction of the Tovn of Agawam, within the Kay known as Overlook Drive and serviz% Lots #1 thru #12 as described prior to the issuing of arq building permits. 3, All other reasonable requirements by the Building Inspector, Planning Board or Town Engineer shall be met by the petitioner. Failure to meet these requirements shall result in the denial of the required building pe too Planning Board TO: Town Treasurer Date Nov. 71� 1975 Subject : Performance Bond File No. 1111 ' At an officially called and posted meeting held on 11/6/75 the --?I,etining Board voted 4-0 in favor of setting $ 20,500. as the amoubt required to he filed with the Town Treasurer to cover performance for a period of one )rib years by L.j.g.%nte.rrr ses_ Ingtherwise known as for project known as Overlook Drive This is to cover lots # 1 through 12 inclusive, Oyerloak.D77ive, Sunset Terrace and Hamilto The Board reserves the right to review the Bond amount at the tine ��© app-licant desires to post security. Planning Boar Chai man r 62, ts.s p Chi� � FA T WH CLERK 0F FICI TOV11t p, 1V�A�SI; MASSACHUSETTS ,,• No. ....... .......... Filed .......��.. .3.".7�....... Hearing ........................ APPLICATION TO BOARD OF APPEALS FOR VARIATION FROM THE REQUIREMENTS OF THE ZONING BYLAW Applicant: 4 iI R V.. . ... ... Address: ..3.040 .Spaw`jW.j0l4j..street •......... Application is hereby made for a variation from the requirements of Section.....20........ Paragrapb..20...38...... of the Zoning Ordinance. Premises affected are (a) known as NUMBED .;Pt.9. 7 111treet; ON 19.0k.DMITU.(b) ...............feet distant from the corner of ................... ..........Street Description of Proposed Building Existing 1. Size of building:..4nop..?"Uy Aw 1X$4g.... ......feet deep. Height: ..................stories: ................. .feet. 2. Occupancy or Use: (of each floor) ..5 '� 1`8)�il� * n8.............................................. 3. Building Zone District: Agriculture.............. 4. Date of Erection: .*4M.btu .. .................... S. Has there been a previous appeal, under zoning, on these premises: .... .............................................. G. Description of.proposed work or use. ......... ............. ............................................................ �rsct Sin �.. #.�Y..D�r�1lix�g.................................. 7. The principal reasons upon which I base my application are as follows: ........ .......................................... ..........I.. ........ .......... Sn..ATTAPHED. ADDENDUb[................................................. i ............................................................................................ . ............. .............. ...................... ............................................... .................................................................................................. PAAR 231976 w . Agawam Bd. of Appeals •- c.:...yl, Agawam, Mass, Signature of owner or his authorised Agent ? Notice: This application must be filled out in ink or typewritten. Dom- . • 0 • 0 THIS SIDE TO BE FILLED OUT BY THE ASSESSORS OFFICE Following is a list of names and addresses of owners of the fee, of all property fronting on the same side of the street and which lies within 400 feet of each side of the land in question irrespective of street intersections. and the owners of the 8 properties in front and in the rear of the land in question: Names: ................................................ Addresses: ............ ................................................ ............................................. ................................................ ............. ............• . ...... R ....................... ............................................. *5 TOWN OF AGAWAM i' 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 h Tel. 413-786-0400 .p� 0 Mp Oct. 24, 1975 Planning Board a� get..) n� n Mr. Edward Caba, Town Clerk Town of Agawam Agawam, Mass. 01001 y Re: File #1111 -- Form B Z.J.R. Enterprises Inc. Dear Mr. Caba: At a duly called meeting on October 16, 19759 the Agawam Planning Board endorsed plans for Overlook Drive Subdivision for L.J.R. Enterprises Inc. , Plans dated Revised July 14, 1975 and Revised October 15, 1975. Said plans were endorsed under the Subdivision Control Law with conditions as follows 1 . subject to the receipt of covenant which shall be recorded .with this plan; 2. subject to the receipt by this Board of all easements required for the performance of this plan; 3. subject to the approval of the Conservation Commission under Chapter 131.9, section 40. The amendment to the drainage system as shown on plans dated October 15, 1975 was approved by duly recorded vote of this Board and is included in the endorsement. Sincerely, Natalie C. rge Chairperson NCG/wem cc Mr. Rack Littlefield, Treas. L.J.R. Enterprises Inc. P.O.Box 3873 Springfield, Mass. 01101 TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 ATED Ay Tel. 413-78&0400 October 1, 1975 Agawam Planning Board Town Hall Agawam, Mass. RE: File #1111 — Overlook Drive Subdivision -- From B L.J.R. Enterprises, Inc. R.W. Littlefield Dear Sir: ' 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, on the vote to rescind following the expiration of the twenty days of recording of said notice. Very truly yours �,1 M Edward A. Caba Town Clerk `rr/c c TOOWN OF AGAWA INTER-OFFICE MEMORAND M FROM: Planning Board _ DATE: Sept. 29R 1975 TO: Town Clerk SUBJECT- #1111 - Overlook Drive Please send us a notice relative to Overlook Drive. The appeal Period has long been up. Natalie C. George NOG/m ✓ . � %1 TOWN OF AGAWAM %fe 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 yC* Tel. 413-786-0400- . TOWN OF AGAWAM August 1 �OWN CLERK'S OFFICE A U G b 1975 Planning Board as aw Mr. Edward Caba, Town Clerk Town of Agawam Agawam, Mass. 01001 Dear Mr. Caba: Res * #1M .* xlok Drive ftbdivision Jftm B At a duly called meeting of the AgaMM plaming Board on. jruly 31e 1975,E the Board ap roared the definitive p� for the ab : Bubo divisi= with the 013,owing oonditf t i* Me two minor ahsaps to the piping of retention Ponds as noted In John Stone t s memo of jUly 310# paragraph 2* This reads, ea solid van pipe shoad be used to dry the retenticea; a On , lot 2. Also, i r000mmd that the retention basin on lot 12 be - piped to the atom drain. 2 s The receipt of all ease to as required. by these ply 3. The approval of the Ooaaermtion Commission under Chapter 131# Section 40 (Hatch Act) as applioable4 fte approval Is based an plaas entitled F,p.= tad profile for Stour Dmirn Outfall dwmlopod by L# *Ro Enter- prises : = Plan and Profile for Overlook Drive dsveiapod LtJ*R, te rris" Plaus and Profiles. for Stmast Terrace and HamLlt0n Cirole- developed by L'JOR. Enterprises 1no. IWav1 by O*Ea AAderson Associates, all dated revised July 14s 19750 �inoereiy�, go Natalie 04 George Chairperson ��C�jwee� oertifi,ed mail #801606 Retum Receipt Requested . CC: Mr. R. W. Littlefield, Treasurer, L.J.R. Enterprises Inc. P.O. Box 3873, Springfield,Ma.01101 3 copies with orig&3 signatures to the Plat*g Boa REG+f VE E 0 V E N A N T gut ?1975► D The undersigned, L.J.R . ENTERPRISES, INC. afte called the 'Covenantors", having submitted to the Planni of the Town of Agawam, a definitive plan of a subdivision entitled OVERLOOK DRIVE and particularly lots thereon through 1-12 inclusive, does hereby covenant and agree with said . Planning Board and the successors in office of said Board, pursuant to G. L. (Tern. Ed. ) C. 41, Sec. 81U, as amended, that: 1. The Covenantor is the owner of record of the premises shown on said plan. 2. This Covenant shall run with the land and be binding upon the executors, administrators, heirs and assigns of the Covenantor, and their successors in title to the premises on said plan. 3. The construction of ways and the .i.nstallation of municipal services shall be provided to serve any lots in accordance with the applicable rules and regulations of said Board before such lot may be built upon or conveyed, other than by mortgage deed, provided that a mortgagee who acquires title to the mortgaged premises by .foreclosure, or otherwise, and any succeeding owner of the mortgaged premises, or part thereof, may sell any such lot subject only to that portion of this Covenant which provides that no lot so sold shall be built upon until such ways and services have been provided to serve such lots; provided, however, that prior- to release of a lot or lots to be built upon or conveyed, the Board may require a deposit of money sufficient in the opinion of the Board to secure final completion of ways and services required for the lots in the subdivision, as shown on, said definitive plan. 4. Nothing herein shall be deemed to prohibit a conveyance subject to this Covenant by a single deed of the entire parcel of land shown on the subdivision plan of all lots not pre- viously released by the Planning Board, without first pro- viding such ways and services. 5. This Covenant shall take effect upon approval of said plan. 6. Reference to this Covenant shall be entered upon said plan and this Covenant shall be recorded when said plan is recorded. EXECUTED AS A SEALED INSTRUMENT THIS 17th day of July 1975. L.J.R . Ml'E1ZMTSE�3, INC. Approved on 7/17/75 BY; 2 LI L I as to Form 4da by , 0 Treasurer COUNSELTOWN Tit e This form must be notarized. r�U ,� M' Commission expires 9/17/76 ' TOWN OF AGAWAM TOWN CLERK'S OFFICE AA lr r FORM B ! APPLICATION FOR APPROVAL OF DEFINITE PLAN FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND A COPY WITH THE TOWN CLERK IN ACCORDANCE WITH REQUIREMENTS OF SECTION III-B AGAWAM --- -�- -- /-------•---------------------------- 19 -- S -- -- 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 Subdivider ----L__J.R. E3VTERPRISJ B, 1NC. 104U Springfield St. Agawam, Massachusetts U1001 Address C. Edwin Anderson Associates 2. Name of Engineer or Surveyor _ ---------- -----------------------------•---------- ---------------------------------------------- ---------------------------- Address 120 Chestnut St, Springfield, Massachusetts 011U3 3. Deed.of Property Recorded in .---Hampden---County------------------------- -------------•----------- - Registry, -------------- Book6 ------------ 114-------------------------------------------------.Page 288-------------------------------------------------------------------------- 4. Location and Description of Property: land between Hamilton Circle and Sunset Terrace consisting of Lots #1 -thru #12 inclusive and including our right, title and interest in Qverlo*k Drive and a portion of Hamilton Circle and being more particularly described in a deed recorded in the Hampden County of Registry of Deeds. Boox 4114 Page 288 dated April 1, 1975 and as shown on a Plan of Lots for Carmel Associates, Inc. , Agawam, Mass. . dated April 19'/2, by C.E. Anderson Associates, Springfield, Mass. �y� �l•aM�` 1 Vr Agawam Baard u ipgawaiv�,taaxs. ;.,`�� '� 1 T r';f',_,t ;' L I R. TOWN OF AGAWAM P.O. Box 3873 TOWN CLERK'S OFFICE P.O. Mai& 01101 R. W. LiffWieldg Tr"a Signature of owner _ ... Y___; A.M. p.w ------,.... 11�1WI12 1I21�1¢l5l§ [ Address c.Jc( , /`lass e�joQ TOWN OF AGAWAM TOWN CLERK'S OFFICE ' May ON 19" MAY 2 0 1975 Mr. Rick Littlefield L r J# R. Ignterprimost yno p# 0* Sox. 3873 Sp1ringfie2A-0 ems. Re! Ifile #111 Dear Xr#, LittlotielA This is to aaaffrm the decision of the Yl&MIXgBoard made U 70Vr pre"nae at the roffuux meets of to Board an ThursdaYt My 15 1975& After ooufsrr g Ater# Normal �and Jabn dtw#* board dotmrmined by &.5'- vote to ae�pt tie ol4t 1972 subdivisionplan of mei Aa tes ors a,. p Imoxy plan rimer th* ftle a an4 ]egula*ia", °'of the plawd" Board amended Mara 1974,. The ec trmtl0 Aftwings will ibin be submitted so a Parm 8 definitive submisslen and moot thoee regulatifts. In vtow of the history of tUx subdivision the Board voted �Q. to the follow ire;- Rfgt�alr�ow in that suph action would not be detrieWtal to the, Inte"sto of the ftmt 1. the Ming fee developer agrees to &soow coats of ad- vertisi . far the pub3iv hear. 2. 42he ftVjr0nM$nftj study Me bori:Us - Town Xagioft has suffia:Jent Ufomatim on. rt-� file to make neaas . determinatia Mhe Board reviewed tha construction staAdards rec d.at1 contained in Jahn Stones ammo of May 12 1975 with you and toe will mans a further detersination with to= r rega your request to allow a 10% grade from Reset sae# Please file a Torn B notice with the Tova 01exk .and f 3 pima (2 sets lineiis s 1 set .prints) with the bwxd so ftat we mar begin. process including advertisSmg Md IMUce of e pubUo homing to expedite the approval US �ro� have req . gat alif a "Orgs OwLtiverrso NOG/wea .00: 114 *aba, Town .ark 41 Mane, Torn Nngineer 0ortittied Mail 4".54