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M. LOSITO - PONDVIEW HEIGHTS M Losito� i � - Pondview H �i.ghts � } 857A — 946 T WN GF AGAW INTER - OFFICE MEMORANDUM FROM: Planning ]Board .. DATE: igue 119 1976 TO: All Permit Granting Agencies SUBJECT- Pumping Station Pondview Estates A letter received from. Western Massachusetts 31ectric Company, dated June 7, 1976), indicates that the critical decision of ceasing service at the Pondview Estates Pumping Station has been removed. Natalie C, George C-hairman NUG/wom CC: To-vm M nager Police Town Council (Clerk) Public Works Tovrn ,ngine :r Fire Treasurer Board of Appeals Building De ot. Conserva- ion Commission Health Dent, Licensing Commission To,,,rn Clerk {2) ,11 Consuracr Adv. Commission Tax Collector Board of Health Assessors I q I I ICI` US ` sM 11AUVOv 331ijo NU313 HM01 (r_1�C0 T WN OF AGAWI& INTER -OFFICE MEMORANDUM FROM. Planning Board _ DATE: June I, 1976 TO: All Permit Granting Agencies SUBJECT: Pumping Station Pondview Estates A letter received fro:,_ destern �Iassachusetts Electric Company, dated June 7, 1976, indicates that the critical decision of ceasing service at tho Pondview Estates Pumping Station has been removed. Natalie C. George Chairman NCG/wem ' CC: Tovm Manager Police Town Council (C1erl.) Public Works Toim a.,,ngineor Fire Treasurer Board of Appeals Building tee?�• Conservation Coianussion Health Dept. Licensing Commission Toi,m Clerk (2) Consumer Adv. Commission Tax Collector Board of Health Assessors i Nnr 9L61 •ssnw 4WVAAV9v 301A30 M10 001 RASE OF COVENA This is to Certify that the Agawam Pig Board has released Lot® .3 through 20 ingIusive, as shown on a plan reoord*&,3n Hampden Ooixnty Regietry of Deedej Book .of PUms peke as said lots are sub eat $o the peov ma of a .Covenant dated July 10, 1973v and given by Michael Loeite to the Town of Agawam. Said covenant being recorded in Hampden CoUnty Registry of I*eRds Book page AGAWAH PAN WAR" Hamden as . Co wealth of Massaehusetts l e�h 7, 19T5 Then personally appeared the above naued Natalie C. Geerge, Robert S. Bergin and Stanley M. Drewnowskif Jr. , members of the Agawam Playming Boardp and acknowledged the fore- going to. be their free act and deed beforemme. r i My Com fission..Rxpireis 9/17/7 CC: Ton Ulr rk Air. Conte File #946 TOWN OF AGAWAM TOWN CLERK'S OFFlCE MAR 1 1 1975 LOS ITO a. TOWN OF AGAWAM ]` t, V'f � 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 ' q p MPS Tel. 413-786-0400 January 29, 1974 PARTIAL MIEASE CAP COST This is to certify that the Agawam Planning Board has released lot #2 4. on a definitive plan of a subdivision entitled "5ubdivisioa Plan Agawam Pondview Estate& for Mike losito Scale 1" 401 Date 5 December 1972 Revised 5 March 1933 Pharmor Engineering �Iorporation Ho vita Pittsfield Massachusetts" recorded in Hampden County Regi.atr7 of Deeds in Book of Pans page as said lot is subject to the provisions of a core— t nant dated July 10, 1973, and given by Michael LAaitca to the Town of � Agawam. Said oovenant being recorded in hampden County Registry of Deeds, Page Book. AGAWAM PIANNING BOARD r Hampden as Commonwealth of Aassachusatts Then personally appeared the above named 14talie C. George:, Arthur J. Fuchs andSteven Kitroaseri members of the Agawam Planning Board and acknowledged the foregoing to be their free act and deed before me. ssisoxt 1�xpi;reRs LOSTTO � FA • #946 TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 �p tAA Tel. 413-786-0400 Nov. 14, 1973 Mr. Edward Caba Town Clerk Agawam, Mass. Re: Mike Losito #1434 Form A Dear Mr. Caba: The Planning Board endorsed plans on November 13, 1973, for the above Form A for property located at the intersection of Shoff r Lane and Lo s ito cane. Very truly yours, . t- . Chairman 14 '73 AM � S �7�o.lVaS"�F 't,w N ! . FORM A t�� r APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File one completed form with the Planning Board and one copy with thQ Town Clerk in accordance with the requirements of Section H-B. Agawam, Mass. (!. . . . . . .. . 13./. To the Planning Board: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law; herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Applicant . � . . . � :�: :.. . . .. . . . . I .. . . Address . . . . . . . . `'f ram_... . . . . !lb�?v. ... .. . . . F 2. Name of Engineer or Surveyor . . .. 1 L:� ... . . . .� -�. .... . .... . .. Address . . . . . . . . . . . . . .. . . . .... .. . . . . . . . . ... . I.. . . . . . . . ....... . . . ... .. ..... . 3. Deed ofsproperty recorded in . . . . . . . . . . ... .. . . . . .... . .. . . . . .. . . . . . . . . . . . . ... . . ... . .. . . . Registry, Book . Page . .. . . . . . . . . . . .. . . . . . . .. . .. . . . . . . . . ...... ...... .. . . . 4. Location and Description of Property / -des z N& 14 '73 AM r12 Pm2e) � t Signature of owner CGS TOWN C,,! ��. 0 f;-. r Address . . ?-`7� �'�.�.... . . . .. . . . PONDVIEW ESTATES MICHAEL LOSITO TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 0 f11P, Tel. 413-786-0400 October 3, 1973 Mr. Edward Caba Town Clerk Agawam, Mass. Re: Pondview Estates #946 Michael losito Dear Mr. Caba; The Planning Board signed plans for the above sub-division on October 2, 1973s, Very truly yours, g/1 Chairman I, Ed�yw:rd A. Cab a, Clerk of the Town of Ag ,s ', r` <Y that the notice of nir. ? Q+✓ :3 au %asand recorded 77 Ks f' u, i .._.. rf- :: . it;t^ 4f `aappea, was }' ii.Y Ciia ifs next ta.ftgr Q r co.,d'ing of said notice. 'bwn Clerk • C 0 1 i N A N I ?ha mismwl* MI UM P. LOSMS, nriutMrar OSU" tw lwa" a t"i of Nw Plana of 00 Tara of A, a i tiVo On ��), fiver ion Y�i��eaftut Wd AVMO With O& t PANMS t OW VW ONOMOM is OUJA r Of 8WA UW4 posoma to 0. L. (Terr. .) C. 44 a". dlu, as 4006W6 t1"I . i ce, heiro ad "ape of tip .. UUA The Wo pemds" as MU I$ -1-istill1Ot gop �� *f moist"& SWWJAW pia be to own ow IAO In vift 1e appal"Wo 9"" od data apt so" be&" tetwe rear Us o be bun lom w *nvqpe4 4"m um IV amm4pv do"# vr""" t * awtswe "0 m utu !s4 I" Pon %ba"ti mI Oda o/ awl ba 063"t emu to twat Qovmo& Y prowl&* Oft as 3r,+r4 i ar 044 sbau be tart W&U aaa a aai oavmm !r "m pm t& at to ~16 aaat IAS prow&*"* bwelo tint prim to WOUN a at a l* 40 3AG tag be b"U sM ow""d, wo fto" ow "q a d"w" it ■mw aaft in tw "I"m at a* Iasi to tiny, swoumm Of Wp aai ""Uft ""UM f4W VO 3A* SA VW aaWSVSSSMO U GbM ftl � �. err fttbb% bwalR ob" be *mwW to p"Uidt a sawwalame ! to Nis �M► bw a ata or tw aeu" "MI at um ebb 44 as go. %two" fly" provIdjoa "A 1"m am aftnum. P, S. lb" cavud" ablu take sffaat qpnw" at ra" Pam. I J ewama emu be romad 1Aft o"d pus 1s Wit. 1S �. XWMW AS A MW IMF S Al ► #! s�► L owl � S E "= (w f r N r l Ad,� TOWN OF AGAWAM/ MASSACHUS_ETTS s= , CONSERVATION COMMISSION IAM 4 _ r i'u.rsuant to the provisions of G.Lt Chap. 131: Aeo. 40J the Agars a:p CoT•servatioa Commission will hold a public h6aring at a-ir.Z_�/17 .-,o c l o t k. This hearing is called to aot on a Letter of Intent submitted by .021 C. I-f"G L o L.7-0 to perform work J. J eJ Agawam,' Mass e 3�`- c.c+ Agawam Planning Board Board of Health Town Engineer Commonwealth of Mass. Dept. of Natural Resources Dept. of Public Health A copy of this notice will be filed with the Town Clerk � to be posted at least 24 hours prior to the hearing* � 6` .F Los ..to AG 0�c ej L�} u TOWN MANAGER 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 May 30, 1973 Mr. Edward Caba Town Clerk Agawam, Mass. Re: Pondview Estate #946 Dear Mr. Caba: The Planning Board approved on May 29, 1973} plans entitled "Agawam Pondview Estate for Mike thsito 5 December 1972 Pharmer Engineering Corporation Holyoke Pittsfield Massachusetts" (3 sheets) subject to the receipt of detailed plans for the sewerage pumping station which meets with the approval of this Planning Board and should be known as sheet 4. Also a bond or covenant and easements must be received within the twenty day appeal period. Very truly yours, Arthur Fuchs, Temporary Chairman f/1 cc Mike losito, Certified Mail, Return Receipt Requested i illis 19, 14M a ` 10 WHOM IT MAT CONCERN: t : tip RE : Pondview Es water = f rchxel Losito #946, , 1,2 Eduard A. Caba, Clerk of the: Town io Agawam, hez i#y certify that the notice of approval. (-.if tbi9 plan by the Agawam Planning Beard has been received and recordsd ,at ' this ofTic' e � and zio notice of .appeal was roesived during tM twenty r3ayi ". . > _12, after such receipt and recorciin ofid notice. #t Edward A. Coba Thorn Clerk - ; Losito FA �' .06 TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 0 Ma Tel. 413-786-0400 May 16, 1973 Mr. Edward Caba Town Clerk Agawam, Mass. Re:[�#Il,Iosito - Pondview Estates #946 Dear Mr. Caba: The Planning Board voted to reject the above sub-division subject to the receipt of a letter requesting an extension of 30 days. Very truly yours, Arthur J. F4khs, Temporary Chairman CA cc M. Losito, Certified Mail Return Receipt Requested Orly ` r3 y f Vt - • t•1 is/-i 11r t IF TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 0 Ma Tel. 413-786-0400 April 17, 1973 Mr. Edward Caba Town Clerk Agawam, Mass. Re: Pondview Estates Michael Losito #946 Dear Mr. Caba: The Planning Board is in agreement with the developer's request for a 30 day extension on the above sub-division. Very truly yours, Charles Calabrese, Chairman c/1 3 it:a !j i c3 4v A�p,V�A L03ITO �6 IF PLANNING BOARD &GAW", M&%ACHUS19.rrS z 0 MP March b, 1973 Mr. Edward Caba Town Clerk Agawam, Mass, Re: Pondview Estates #946 Dear Mr, Caba: The Planning Board is in agreement with the developer►s request for a 60 day extension on the above sub-division. Very truly yours, Charles Calabrese, Chairman c/l MAR 7,, PM if r� OF AGAWAM TO°,�N CLERK'S OFFICE Ir] . LOSITO -7r— . — PONDVIEW EST. PLANNING ]BOARD AGAWAM, M"ACHUSET'I"S ♦1 Jan. 31, 1973 Mr. Edward Caba To-on Clerk Agawam, Mass. Re: Losito - Pondview Estates Dear Mr, Caba: The Planning Board is in agreement with the developer's request for a 60 day extension on the above sub-division, Very truly yours,, Charles Calabrese, Chairman c/1 fB 1 73 TOWN OF AGAWAM SOWN P FRK'; 0FFlf'F 441 FORM B APPLICATION FOR APPROVAL A OF DEFINITE PLAN FILE ONE: COMPLETED FORM WITH THE PLANNING BOARD AND A COPY WITH THE TOWN CLERK IN ACCORDANCE WITH REQUIRE�i[ENfS OF SECTION III-B AGAWAM . . .l)��E,MO�R, . �: . . . . . . 19.7� ri To the Planning Board: Th.,, undcrsitrn.ed herewith submd-ts the accompanying Definite Plan of property } j locate 3 in the Town of Agawam for approval as ra, subdivision under ',he requirements :. of the Corat:ool Law WId Llic Rules and Regulation,, Governing the Subdivision of Land of the Planning Board in the Town of Agawam, MT CHAEE_ LO 3ITO 1 . Nane of Subdivider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IAddress . . . . ... S. . ..I�11fe,Etif? .I;�'�Jj ,Flf';Il�l�]t I . . . . . . . . . . . . . . . . . . . . . . . . . 2 . Name of Engineer or Surveyor FVCIT `MWL 1"PHO . . , . . . . . . Address . . . . . . . . �r7Mrl�r1 rt rn 1.3 . l�e�.'c� rat ! s-c�x?c�'r. t:y Recorded n. . . . � . � � N��. . . . . . .ltegir3tryy . . . . . Bo 6 . . . . . , -3CJ'. . . . . . . . . . . . . . .Page . . . . . . . . . . . . . . . . . . . . . , . . . . . . ' < 4 . Lo -ati.on and Description of Property: UEGINNTNG AT A POINT AT THE SOLIT14EAST CORNER OF LAND NOW OR FORMERLY OF JOHN KWIATKOWSKI SAID POINT BEING ALSO ON THE 41ESTERLY LINE OF SHOEMAKER LANE, THENCE RUNNING S. 56° 51E 24" E. A DISTANCE OF 90.74 FT. THENCE RUNNING ALONG AN ARC TO THE RIGHT OF RADIUS 692.03 FT. AND LENGTH 286.66 FEET THENCE RUNNING S. 33° 07' 25" E. A DISTANCE OF 136.48 FT. THENCE RUNNING S. 61° 04 , 1111 W. A DISTANCE OF 1408.70 FT. THENCE RUNNING N. 06p 22' 53" W. A DISTANCE OF 522. 13 FT. ' ' THENCE RUNNING N. 60n 40t 00" E. A DISTANCE OF 1077.27 FT. TO THE POINT OF BEGINNING. 1 DEC PM OWIg 0� A i .TOw N CLERK'S Your attention is directed to Section III, B. 3 of the Subdivision Rules and Regulations requiring the posting of a bond or recording of a covenant BEFORE approval can be given. Signature of . . Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 - I I� ��% �'-- f i l i i �. i E I /� F A TOWN OF AGAWAM MASSACHUSUTS z. 30 BOARD OF APPEALS AD Ay� DECISION OF BOARD OF APPEALS Date Petition of Premises affected 4t the L & K 44"PNWU4nqpa bm a bv the so" as a -Us ��- VU d.#t+rd .�ri54a err is I � tour (4) �ag� i i t q� M lot arum. � a varL41aa to= Us Jak am 3m 1 11 = Us ter "Oft" uuf to the awd th" t1w ""Una aim 44 give ww " dR so pwoo" or as be to nth 34 am k at tboReLldiftZ US Boated 99 !ems bF 004MM moo* demise Left at tw 0`7 0* l4wa. CA64mow r TOWN OF AGAWAM i QMN CLERK'S OFFICE APR 2 6 1965 A.P . �, 71M]AA0141PI rI2I3i4r AL TOWN OF AC AWAM MASSACHUSETTS 'o` BOARD OF APPEALS � r 2 h DECISION OF BOARD OF APPEALS u Ma Date Marnh 1 Petition of Premises affected This petition requests variation of the side lot requiremtnta to allow the construction of a house and garage on the property known as 77 Reed Street. This lot w,,s laid out more than 35 years ago previous to the adoption of the original Zoning By- Law and has a front measurement of 60 feet in eomm with most of the other late on this Street. It seemed to the Board that a building erected on this property and located as shown on the plot plan presented to the Board and on file with the other papers concerning this petition would be in keeping in every way with the other dwellings on the Street. It was unanimously voted that permit be ordered issued for the construction of this building as shown 'on above mentioned plot plan, It seamed to the Board that this variance eeuld be allowed with no substantial derogation from the intent and purpose of the Zoning By-Law. TOWN OF AGAWAM TOWN CLERK'S OFFICE MAR 211962 A.M. P. i TOWN OF AGAV AM TOWN CLERK'S OFFICE MAR 211962 A.M. PA, `�I$191�;41ui�[1[1[3141SIP A SELECTMEN frc 4 q Zr, � Agawam, Massachusetts �u January lot 1966 Brandon N. Letellier Town Clerk Agawam, Masa. Dear Sir; The Board of Selectmen, in accordance with a letter of approval and requesting the releases of Bond for W. Donald Ma►toon for the Cherry St. Development, hereby approve the request and ask that this Bond be released. Yours vdrg troji, BOARD OF SELECTMEN Frederick Nardi, Chairman ®cre ary Aetna Casualty and Surety Company Bond No. 9 S 21815 BC received of Torn Clerk this llth dap of January, 1966. -Donald ttoon SELECTMEN a Agawam, Massachusetts November 29, 1962 Brandon N. Letexlier Town Clerk Agawam, Mass. Dear Sir: On the recommendation of the Planning Board, the Board of Selectmen have authorized the reliease of the bond of L & M Builders -- Trinity Terrace. Yours very truly, BOA OF SELECTMEN Vincent R. Caroleo, Chairman By L Secretary All i F "p It 8 a q TOWN OF AGAWAM III AGAWAM, MASSACHUSETTS Office of the Planning Board November 23, 1962 Board of Selectmen Town of Agawam Gentlemen: The final inspection of the Sub-Division on Trinity Terrace has been made by the Engineering Departaent, we therefore, recomumd that L & R Builders Bond be released. Iours trey, PLANNING BOOR By TD/mbs hairman FORM A TOWN OF AGAWAM TOWN CLERK'S OFFICE APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL AUG 2 71964 ]0}.I I2 Z g �_j File one completed form with the Planning Board and onjl�l�l_._1_� I .�-, i ,1_�L�!_#I¢ copy with the Town Clerk in accordance with the requirements of Section II-B. Agawam, Mass-- ------------- To the Planning Board: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under_ the Subdivision Control Law is not required. 1. Name of Applicant -------- L--&- BU.3LD , -M.---------------------------------•------------------------ -------------------- - Address ----------- .-------------- ---------------- -----•----- ---•---- 2. Name of Engineer or Surveyor ..... -- .4GE -C�-_INC------------------------------ Address ----------- ##�► 5#nr p itt #er] t l asw ------------------------------------------ --------- 3. Deed of property recorded in ------------ljaPdsn-Gou;jtg-------------------------------------------------------------.. Registry, Book ---------2-9Z---------------- -----------------.Page ---------5311---------- 4. Location and Description of Property: Lot 13 Southwest side of HWes Avenues, wA Lot 9 Mot aide of terry St"et,, Agaump Mase"husetts L & K BUIIa1li1 S,, 1KC. ip Signature of owner BY__ ----------------- --- I Trsaaearer Address ------------- 37- Soutl!_Fj_9rjd&-.r.Vj............ l , Naammhusetts av TOWN OF AGAWAM � MASSACHUSETTS BOARD OF APPEALS DECISION OF BOARD OF APPEALS Date August 20, 1952 Petition of Irving R. LaFleur _ ^ Premises affected_14 Washington Avenue, Agawam, Mass. This petition is for a variation of the side lot line requirement for a garage situated more than sixty--five (65) feet from the front lot line. Because of the location of the dwelling upon this property the petitioner requests permit to locate the garage less than five (5) feet from the side lot line. It was the opinion of the Board that a variation can be granted in this case without substantial derogation from the intent and purpose of the zoning by—law. It was unanimously voted to order permit issued for this garage to be located not less than three (3) feet from the side lot line. l .21 fly TOWN OF AGAWAM, MASSACHUSETTS 1 Board of Appeals No. ... 17�! ... ........Filed ... j;s . .....C? ..i. ..........?...�3eZZI APPLICATION, O BOARD OF APPEAIS FOR VARIATION FROM THE R1:$i]L1iEMENT3 OF THE ZONING ORDINANCE Irving.R. LaFleur - Add 14 Washington �nue Applicant: ..................».. Address ..»..... . .....,........................................................ ............ ......................................... ................... Application is hereby made for a variation from the requirements of Section................................. Paragraph............................»... ..`` of the Zoning Ordinance. Ydasr�tan Averuc Premises affected are situated on 'k.............................................9E�gt: ..�.}s�......feet distant from the corner of x Suffield Street and known as NUMBER1 „h'aShingtOn Avenue .::: Proposed Description ofg Building I. Size of building: . 0 1� ................feet front: ....9Q.-.-E...............—feet deep.. Height: s ones: .......:.Q.- 4.................fat. { 2. Occupancy or Use: (of each floor) .......................................... ..............Ga2Q......................................................................................... 7. 3. Building Zone District: ....::.......................................................... 4. Date of Erection: :...........�� t eIDb ar................................... 5. Has there been a previous appeal, under zoning, on these premises: ........................................... 6. Description of proposed work or use:_ .......... ............................................... ............ ............................. g ............................................................................................................................................................................................................................. 7. The principal reasons upon which I base my application are as follows: ................................. lJaaer the pres.e^t :Ws I c^nnot build this g:x' e.. `"her^i:ore, I would lime a varies tion o tie„zoy';r „p;;r-Law o ellow Construction less tb^n the required side lot. diF-- tnnce. ......................................................................................................................................................................................................................................... ....................................................................................................... ..........................................................................,...s.......................................... J ...............................................................................................................................................................................................................».......... ......................................................................................................................»....................................................................................................................1,.:. Y Signature of o or his authorized Agent v. Notice.—This application must be filled out in ink or typewritten. SP' IELD UNION RLSPUB C"—NEWS 1 S�itement for Month End Inv -� Dft=ipdcn LIU" Time Raft Aamamt I �. `F •.i. .�. >/ 1 1. V I Y I i J l I 1 1 i I ,I { i I { I 7 I ND .1 TarAL CHAVMM ! I _ CREDITS a D" Fcuo DeKtiptica Anbount 1 Net Chasm for MOO& ,� I I BAIANCE ME - I -- w }. TOWN OF AGAWAM BOARD OF APPEALS O.....................Jr.. ,. ............ 19..52. Notice is hereby given that the Board of Appeals will give a hearing at Administration Building, Agawam, .....jVVdIbW................ KII...MA.............................................................................. 19.52. at 7=30 P..„! o'clock, to all parties'interested in the appeal of 46, at ..... Ufa.^11it oa Arinwa... ......... 11Rs........................ .................................................................................................................... By order of the Board of Appeals, .........................:.......................................... Chairman. AQ � BOARD OF APPEALS I� + TOWN OF AGAWAM Z MASSACHUSETTS Date ................_.. nnt....2,....1952.. PLEASE TAKE NOTICE: That an application has been made by I1` Ing R. L*?1~ on behalf of jjlW for a variation from the requirements of the Zoning Ordinance, so as to permit OftetmUm at @sz*c* lass Von %b* "val `" •16@ I" 61SUM40 on the premises 100%t" at 14 �T Sell lnTto# AVIM" and this notice is sent you as an owner of property affected by the application. A hearing upon this petition will be given at the Administration Building, at IP730 P Y. Friday, August 13,E 19521, at which time you may appear either in writing, or by agent, or by attorney, and present any reasons which you may have to the granting or denying of this petition. Respectfully, ..... ........,... Chairman. August B, 195E Mr. Irving A. LaFleur, 14 Washington Avenue , Agawam, Mass, Dear Mr, LaFleur The Board of Appeals will hold a public hearing in regard to your application for a variation of side lot line at the Administration Puildi ng, 2nd floor, on Friday August 15, 1952 at 7;30 n V. Please p1Rn to attend this hearing. Sincerely, dal ' 0 J 40 /� : I THE SPRINGFIELD UNION—REPUBLICAN—NEWS i a � I AdvertWng Statement for Month Ending— Day Fdio Deresiptio� Liner I TileRate ,!l<mame r ' MAU ANo I 4 'mTOtlai�,S*WWW-41MM Viet,ail.SPLSd� a, bs I t1(*a t� se�ul�ed �� vR t&�Xoaid*t- sti, i I I t I ! 1 I I I TOTAL CHARGES i I CREDITS ? 7r` Fanonip ! i 7 7 N4*Memo tat M*ntb .. BR62kow from Prarlow Y,Wtil { BALANCE DUE 1 I _ I 3 V=ALM Tµi*PART ARO RETURN W[TN YOUR RMUFWANCE. YOUR CANCELLED GMECK ti PUPPIGUMT■EMFC. THE SPRINGFIELD UNION THE SPRINGFIELD REPUBLICAN U >A on or Wore the IS& of THE SPRINGFIELD DAILY NEWS Ws month provided an:previous Morning - Evening Sundae ` Telephone 2-8112 and 3-11n. Springfield, Kim Ifies have been paid. ` (nm Of Agawam '"Gard of Appeals Agawas, Maes. T OW N OF AGAWAM- Olt ! 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 Planning Board October 5, 1977 David A. Ladizki, Esquire 46 Suffield Street Agawam, Mass. 01001 Re: Vile #970 - Giant Acres Dear Mr. Ladizki: At a duly called meeting of the Agawam Planning Board held on Mon- day, October 3, 1977, the Board voted to inform you that they are requesting the Town Engineer to make an inspection and report his findings to them in time for this item to be placed on the next agenda. This next meeting of the Board will be held on Thursday, October 20, 1977, at which time the Board will take decisive action regarding moving on the Travelers Insurance Company-Bond No.881A2679. Sincerely, Natalie C. George Chairman wem CC: Town Clerk Town Engineer k �-iFr - rn SENDER: Complete items 1.2.and i. o Add your address in the "RETURN TO" sgare on reverse. I. The following service is requested (check one). ❑ Show to whom and date delivered ............254 Show to whom,date,&address of delivery .....450 RESTRICTED DELIVERY. Show to whom and date delivered ............850 Fj RESTRICTED DELIVERY. Show to whom,date,and address of delivery ..$I.05 (Fees shown are in addition to postage charges and otter fees). 2. ARTICLE ADDRESSED TO: � � v _ S. ARTICLE DESCRIPTtO"- REGISTERED NO. I CERTIFIED NO. INSURED NO, jLWowss obtain sWrgfurs of addressee or g[!* I have received the article described above.. SIGNATURE ❑ Addressee ElAuthorized`agent to, . 4. DATE�OFDFLIVERY post C � 7 'c 5. ADDRESS (Complete only If reques 6. UNABLE TO DELIVER BECAUSE: " r {t GipP:1 ` UNITED STATES POSTAL SERVICE OFFICIALBUSINESS SENDER INSTRUCTIO NS TO AV PE FOR PRIVATEUS E TO AVOID PAYMENT #Tint your name,address,and ZIP Code in the apse►below. OF POSTAGE, $300 • Compl►te Items 1, 2, and 3 on the reverse. • Moisten gummed ends an %d attach front of article �$iIAAiL if specs permits. Otherwise offex to back of article. • Endorse article "Return Receipt Requested" adia• cent to number. RETURN TO (4x.rttP of Sender) a 4119 (Stret�t or P.O. Rosy (City, ,Snare, and 7,J), Cade) SEh1DElt: Add yeadess in and 4 our tht `RETURN TO" spite an reverse. 1. The following service is requested (check one). (� Show to whom and date delivered ............250 Ej Show to whom,date,&address of delivery .....454 RESTRICTED DELIVERY. Show to whom and date delivered ............850 ❑ RESTRICTED DELIVERY. Show to whom,date,and address of delivery ..$1.05 (Pees shown are in addition to postage charges aad other fees). 2. ARTICLE ADDRESSED TO: Z 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. INSURED NO. G O (Always e6ftin sfsnature of address"or a=erltl m I have received the article described above. SIGNATURE ❑ Addressee ❑ Authorized agent c a. 2Gt,t w DA D IVERY, 2-1 ti , . 5. AD (Comp! a only' requesfettl S. ►l14ABLE TO DELIVER BECAUSE: oMI p Y r �i 1 UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS PENALTY FOR PRIVATE '5 USE TO AVOID PAYMENT Prr t your name,address,and ZIP Code in the spate below. OF POSTAGE, WD • Complete Items 1, 2, end 3 on the reverse. • Moisten gummed ends and atteoh to front of ertieis it space permits. Otherwise at ix to back of article. • Endorse article "Return Receipt Requested" adia- cent to number. RETURN TO ihCartrr of Sender) ('.�treet or P.O. Box) (city, Stow, and ZIP code) r SENDER: Complete items 1.2,and i. _ o Add your address in the .RETURN TO" space on revcr3e. 1. The following service is requested (check one). Show to whom and date delivered ............250 Show to wham,date,&address of delivery .._..45# [� RESTRICTED DELIVERY. °f Show to whom and date delivered ............850 RESTRICTED DELIVERY. Show to whom,date,and address of delivery..$1.05 (Fees shown are in addition to postage charges and other fees). A 2. ARTICLE ADDRESSED TO: 14 A m 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. INSURED NO. q7 (Always obtain 54poture or addtossae or agent) GI have received the article described above. c >SIGNATURE ❑ Addressee © Authorized tagt 4. �A OF DELIVERY POSTMARK Z 5. ADDRESS (Complete only it requested) 4 n 6. UNABLE TO DEt IYER BECAUSE: CLERICS IT ALS r7 UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS PETO A FOR PRIVATE Print your name,address,and ZIP Code in the USE TO AVOID PAYMENT space below. OF POSTAGE. $300 • Complete items 1 2 and 3 on the reverse. � • Moisten gummed soda and attach to front of article if space permits. Otherwise affix to back of article. HIM • Endorse article "Return Receipt Requested" adja- cent to number. RETURN TO 70M4� 1 HIE 1*0r7 (-Narrte of Mender) �l"� �DN7'c►.9��1 sT' LJ (City. $ta3tc, and ZIf' Code) 2 0 SENDER: Complete item; 1.2.and 3. 6 Add your address in the "RETURN TO" space on fever". 1. The following service is requested (check oae). " ❑ Show to whom and date delivered ............250 [) Show to whom,date,&address of delivery .....454 40 [) RESTRICTED DELIVERY. Show to whom and date delivered ............854 [� RESTRICTED DELIVERY. Show m whom,date,and address of delivery..$I.05 (Fees shown are in addition to postage charges and other fees). 2. ARTICLE ADDRESSED TO: �Z f 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. INSURED NO. O tin I have received the article described above. GSIG AT E Addressee 0 Au oriaed agent w t C 4. DA OF WOW PMMARX `� � � ' 3 Z 5. ADDRESS (Complete only it requested) Q 6. UNABLE To DELIVER BECAUSE: CLERICS G INITIALS � � Wiz.. UNITED STATES POSTAL SERVICE OFFICIAL TR NETS SENDER INSTRUCTIONS PENALTY FOR PRIVATE USE TO AVOID PAYMENT Print Your name,addreas,and YIP Code is the slue below. OF POSTAIIE, $300 • Complete items 1, 2 and 3 on rev arse. • Mol gummed ends and attaeb t to front of article if space permits. Otbar W affix to back of article. • Endorse articts "Return Raceipt Requested" adju. cent to number. RETURN TO (TVame of,Ferfrler; (8treet or 11.0. Box) _. cfL _.. _....�f•fi�5 L a Zxi {City, State, and 7,1.1' Code) r ! SENDER: Compte4e itema t.2.and 5- Add your 9ddress in the "RBT nW'To" spjec on � reverse. go 1. The following service is requested (check one). z Show to whom and date delivered ............250 Show to whom,date,&address of delivery .....450 ❑ RESTRICTED DELIVERY. °+ Show to whom and date delivered ............850 RESTRICTM DELIVERY. Show to whom,date,and address of delivery ..$1.05 (Pees shown are in addition to postage charges and other fees). A 2. ARTICLE ADDRESSED To: _ 3. ARTICLE DESCRIPTION; REGISTERED NO. /CMIFIEV NO. INSURED NO. Z! p (Alrralys obtain sigttature of sddnssaea or gpntl I have received the article describe above. SIGNAT-411t ❑ Addressee Authorized agent C 4. ATE QF D IVE Grequested) POSTMIARK `� .�i � V 5. ADDRESS (Complete only if m 6. UNABLE To DELIVER BECAUSE: CLERKS INITIALS *GOP,1976-0-203-456 UNITft STATES'POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS N&TY FOR PRIVATE " r 1 r- TO AVOID PAYMENT Print your name,address,and ZIP Cade in the spa �low. ;':! OF POSTAGE,'S3W-. . ,a • Complata items 1, 2,and 3 on the reran • Moisten 3uremad ands and attach to front }rtJ.,J if space permitB. OtheWse affix to back al i 0 • Endorse article "Saturn Receipt Requested" cent to number. RETURN TO (wine nt 5endc�r] ZV1 qe,v, fit 57 (etty, $tare,&lid VIP Code) 5EtVD6A: Add�r addrm in the � 3 ; REILTRM TO" spare on reverse. 1. The following service is requested (check one), Show to whom and date delivered ............254 S Show to whom,date,&address of delivery .....45# [] RESTRICTED DELIVERY. in Show to whom and date delivered ............85$ rl RESTRICTED DELIVERY. Show to whom,date,and address of delivery $1.05 (Pees shown are in addition to postage charges and other fees). 2. ARTICLE ADDRESSED TO: C z rn 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. i INSURED NO. 3f O Wways obtsln slanaturs a#addwssss or a NNO tvi I have received the article described above. O SIGN RE ❑ Addressee Author nt y 7r - G C 4. M DA OF DELIVERY -�P K z S. ADDRESS (Complete only if rsqus v � tin 6_ UNABLE TO DELIVER BECAUSE: :Wr&ER65 1 UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS PENALTY FOR PRIVATE USE TO AVOID PAYMENT Print your name,address,and ZIP Code In the space below. OF POSTAGE, $300 • Comiltate items 1, 2,and 3 on the re"me. • Moiatea Summed ends and attsett to front of article if space permits. Otherwise affix to back of article. • Endorse article "Return Receipt Requested" $die. cent to number. RETURN TO (Name of Soildor} �f f e, ($tre.Nt or 14.0. Box) (City, :3uW, aazd 73P Code) LAW OFPICE5 T/� DAVID A. LADIZIKI REPLY TO: SUFFIELD WEST PROFESSIONAL CENTER 46 SUFFIELD STREET AGAWAM,MASSACHUSETTS 01001 (413l 788-9000 441 PLEASANT STREET NORTHAMPTON,MASSACHUSETTS 01060 (413)586-3991 October 3 , 1977 Town of Agawam ` 36 Main Street - Agawam, Massachusetts 01001 Re : Thomas E. Philipoff d/b/a Sun Motor Car Company 61 Ramah Circle South Agawam, Massachusetts Gentlemen: Enclosed herewith please find the return receipt cards from the six (6) abuttors to the above captioned property with respect to Mr. Philipoff' s application for a used car license. Very truly yours , DAL : amz DAVID A. LA IZKI Encls . #9842- 77 ' FAQ ' TOWN OF AGAWAM _ 'i� 36 MAIN STREET AGAWAM, MASSACHUSET S 01001 Tel. 413-786-0400 ��Q�ATEp�Py Planning Board June 21, 1977 David A. Ladizki, Esquire 4.6 Suffield Street Agawam, Mass. 01001 Re: ' File #970 -- Giant Realty Inc. Dear Mr. Ladizki: At a duly called meeting of the Agawam Planning Board held on Monday, June 20, 1977, the Board voted to defer any further _ action regarding the Traveler's Bond ##881A2679 for Giant Realty Inca until the first Board meeting in September, 1977. This is conditional upon receipt of a letter from the Traveler's Company, agreeing to keep the bond in force. Sincerely, Natalie C. Geo?gge Chairman NCG/wem cc: Town Clerk Town Treasurer Mr. A. Grasso, 57 Meadow Street, Agawam, Mass. 44'W"AJ313 • T OWN CLERK ' A TOWN OF AGA AM MASSACHUSE-M R . HOARB OF APPEAls August 23, 1974 David A. Ladizki, Attorney at Law 100 Main Street Agate, Massachusetts Re: Case #?70 Dear Sir: The Board in receipt of letter dated August 12, 1974 has reviewed your request to amend its decision dated September 5, 1972,(Case #770) to allow the construction of a mansar type roof on your property at 46 Suffield Street. Based on the plans submitted entitled "Suffield West Professional dated April 16, 1974 and with the unders anding as stated In your letter that the adjoining property owners Mrs. Craig Robertson and fir. & Mrs. Robert Schwartz have reviewed and approved said plan, the Board by unana!rtous vote amends said decision to allow the roof alteration to be of a mansar-type with maxim= increase of roof height of two (2) feet in accordance with said plans, Very truly yours, Theodore A. Pro 4e, Chairman s Board of Appeal TA D/sd Copies: Town Clerk Copies to property owners who 082.314 pq were notifi4- of original decision 97 Wyley Hubbard Rdwo rd C04, `OW0 CIP P TOWN AID APAWAM V14T)P:Jt)9 114"t-4 NR Ohl r PnoTwipq bolrPwlth pTPw*P W`140 q PApy Af o P*+� P100009 1Ir#4vd 41,#)PPY04 01P olmyp f'()PRrfpo 4 PT oil SOO lypp€ij- Imm 14001► mays 1-t 111 �j► le 4Y A SEP 21 '70 PM E2 - 6 TOWN OF AGAWAM TOWN CLERK'S OFFICE it CQWc NWEALTH of MASSACHUSMS IN �QV ITY GAVTP A» LAPTZK- p#' 89 -Silvor take Artvo. A4sw4#n,# H491PdOP GWOY, �tl��sae�aF+s$tt� Vs a Tiff PLAWNTNG BRAND OF TIFF TOWN AF AGAW0 " ROY B of 89. R4vor RAad» A��wa�f FAUL No FT91,DST T, of 7 oxford Strout, AlWilwa l ALhFRT J , CHRT$TPPHPjtj, Af 17Roatwtst» Avg f VDIMT CONNAIi, of 55 Gardep Strep�, AagWq*i f FTKANCTS 4014PY, of P LetmIdru AvoM404 AudwAmj , h Aj� f ligIgpdop GAr4nty, Ma�saa }u dtt # T1415 petAt*gher �OvpkprA the pruViA*Qq* of GspPP4� Toro PO4 , Chapter 4�# Se¢t�4� B�IiI3 �nc� r�a��.�t�'u��x rPp.FuaP0P0f ; k Th+4t ��o p0ttfwar is the Pwppp cif re4 #?pppoppf fjphu4ptfAJa wh*v-h ppo� prppf)rty gip+-�udelo ��p fop tq 14 ppro + rt r ai the be4 pf silver 0*0 Tgoatod sO-d AAAWam» .2, The rospApdonts are ATI PHrPPT)t MPOPPhi 0 . 09 Plolm .ui heard Of tbO TAWP Af A0AW4m, � r 3• That qn Soptomber 102 1970s the PTanui;lg h044rd gppr�q �d i4, subdivisiap plan kpowr as No, 64� (P�App�nu dA�rd numbar� third extou64pn of Pdjgaw#ter. RWad alRq si44r44tpd by WgAdlaka, Tor- : ]Road *p mA d Agawam» Q'» ThRt An septemhur 4; T97P a ia00 vote of ApprgY4 by tho Fj#hnfujW 15eAr4 WRI 4,41v f�jlpd iA the clerk l s off i0o. of the Of Agaw&m» -> Mks J { k 5 . That the said plans as approved by the Planning Board show Chat the surface water drainage system of said plans consist of several storm water drainage which will empty Into said Silver Lake, 6. That said Silver rake IN approximately eight #arms in size and is therefore not a Great Pond as defined in the Statutes of the CQMMQPwealth and is in fAPt privatOlY awned by the petitioner and others. 7 . That in fact the petitioner's ownership InJ3114cies A portion of the bad of said LOO. � . That tho said Plan as approved permits tkjp "opty*Og of surface waters into said LOe, and said aurface waters WIT* in fact overrun the potitienerla land which is a part of the bed of said Lako and will Apostituto a trespasq and 4 deprivat*Air of tho full. and axaiusiVO use of Baia lane by the potitiopor, 9 , That said Plan as approved by the respoodOOR �nA am a.npiiad to the petitioner aonatituteq A deprivat*gn of priRPROy wi.thaut dwe prAcasa of law in violati.ran of the (;opab#tot*Are At tha Cor"Q"WeAlth of "AM44ahuAetto, Arturo XTT, 10i That said Pion As approved by tho paopApopAtR APO as appUt, to the pdtitignor ponetitutas a deer*vat*Qn of proparty without doe praaaaa of law *n violation of tho of the 13114ted U044 of Amori.aa, Fifth AmOAdmont,, Ito That than raap4andantr have .pX000000 the authArity Niven to thus by the Gfanxti.tution of the VROOd .Otateq of America the ICQR4Utµt,iurk Af the Commonwealth of 144144014110ttq and by the ststute4 of the CammcOweatth of MaaRaahN�e ta, 139 That th. a respondents hava been .fOlxy Warned Af twhe petWonor'O ,rijghta, and have pmvertha10e4 w Mull1► and nth full knowle0oo. And to complete di xrogpirO At tho pot*ttpner yrlOta 4ppinved said plant ;!2/r7 i , ( � 13, That In AddttiAn the said V�An as approVed by the respondents violated Ghaptor 41, s"04-CM $T V Qv 00 General �4WI4 o� A�aAaaahuaette, lh. That your pat#tioner hAA glvao the Atatl4tOry not4a of tbta appeal by giving a copy of thils 411 of Camplatnt to tho Clerk of the Town of AgAwam within twenty days of September III 1970, and A receipt of aald notice 14 hereto Annexpd and 144de a part hereof. WKRFFORF, YOUR PETTTTON�R PRAYS 1. That an Order of Npttpo lAeue to the roapo"donta, r That thin RAurt hear All the porti.npnt p0doppo pod doteroi-ne the facts and upon the faptm SIR dotormined annol the dopioilan of the Planning hoard of the Town of Agawam If a414 dopWon is found to exceed the 44hor#y Qf eatd bQard as prpvfded 4n General W4wa, Toro Ed. , Ghaptor 41, Saoti.nn OTRA, 3 . That the aQete of thi-a appba} by aTTAwed AR14nolt tho Planntns boaliq of the Town of AQawAM 44 ill prav�O ad to ORPOW Wawoi, Toro Fd, , Ci1Ar+av 41 s s pot*A0 M111 4. Theit 4�0� Ober eq+ itgbi.p r0li6f 110i the P��Pg!l4��Ip�aA moy requ*ro aid ,Pm *444 Cwt may Aee V4t ho R'ra"todo TM PRTIT-Le�e'; 04VJ4 A• a R TOWN CLER6NM% AGAWAM MLASS. -�" 1985 DEC 18 PH 3: 58 GE,!S1Z)N D= 2DAND 0� f,PP;-A-S Date, Deems ben er,16, 11985 P.tition of Attorney David A. Ladizki A tz Premises Jmcted 36 Suffield Street C The petitioner, Attorney David. A. Ladizki, appeared before the Board of Appeals at a public hearing held in the Administration Annex Building on Thursday, November 7, 1985, at 7:30 P. M. , seeking relief from Section 20, Paragraph 43 (a) of the Zoning Ordinances to allow the commercial use of an existing building with less than the required setback at the premises known as 36 Suffield Str a et. A review of the facts presented at the public hearing as well as those discussed at the public meeting allowed the board to come to the following conclusions: 1, The premises, 36 Suffield Street, is located in an area of Town which is zoned Business A and which requires a setback of at least thirty-five (35) feet. 2. The building in question has existed since sometime in 1940 and was constructed according to the existing by-laws of that time. 3. The immediate area is comprised of residential homes, a number of commercial buildings, a motel, service stations, retail stores: doughnut shop, banks, etc, , and two large shopping centers. 4. No opposition to the petitioner's request was expressed at the public hearing. In considering it's decision to grant the petitioner the relief requested, the board is fully aware of the conditions which must be met in order to grant a variance from the Zoning Ordinances. It is the opinion of this board that to allow the petitioner to use 36 Suffield Street for commercial purposes is consistent with the -make-up of the immediate neighborhood as well as the intent and purpose o:the zoning ordinances. Furthermore, this board does not feel that the public good would be endangered shouldthe relief requested be granted as suitable controls can be imposed to protect the public. In conclusion, it is the opinion of this board that to deny the petitioner the relief sought and which is enjoyed by other structures in the immediate area could create an unreasonable hardship. r �= kw i�'w'!�I 0 r A J f,Vit'AN, y, TGWN LLER�l OFFICE�`'`'��SSk -t-1USZ7I`S AGAWAM, FW OF APPEALS J 1985 DEC 18 PM 8 December 16, 1985 �et�ticn o� Attorney David A. Ladizki, Agent for Dorothy Swartz �remrser .ii.cted 36 Suffield Street Case -`rII2 _page 2- Therefore, with the power vested in this Board of Appeals, in and forthe Town of Agawam, we do unanimously vote to grant the petitioner the requested relief subject to the following conditions: 1. The petitioner shall have recorded in the Hampden County Registry of Deeds, a "Notice of Variance" form provided by this board. Z. The variance shall not become operative until proof of filing is submitted to the Building Inspector. 3. All tenant and customer parking shall be to the rear of the existing structure. 4. The petitioner will comply with all other Town Ordinances and meet any other reasonable conditions deemed in the public goodby the Building Inspector. / AL � G a� TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 D�P PLANNING BOARD January 31 , 1985 Attorney David Ladizki 46 Suffield Street Agawam, MA 01001 Dear Attorney Ladizki : At a duly called meeting of the Agawam Planning Board► the Board voted to approve your plans under "Subdivision Control Law Not Required" , for a parcel of land located on Birch Hill Drive. Plans drawn by Smith Associates, dated August 21 , 1984. Very truly yours, AGAWAM PLANNING BOARD 4:F CIS Ci .7 APB/sje cc: Town Clerk Assessors File #1639 . MRM A , APPLICATION FOR ENDORSEMENT 01. i:C.AN I3�'L1t E NU'I` TO REQUIIIL�;tI'I'It(9VAI, File one e(im yleted Form with the Ylsnniut Hoard and one ropy %vita thaToWn C11:1•k in uceordattce ,with the requirements of 8ectiuu ll.li. Agawain, ,41nse. Sept., .21,1934.... 29. . . . .t. To tha Planning Board; _ The undersigned, believing that the aeowppanying plan of his Property lit the ToWJ3 of AgWaM doe@ not constitute a subdivision within the meani,tg of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning board appruvul under the 8ubdiyWon Control ' l,aw iy not roquired. 1. Name of Applicant . . .. David Ladiziki. . ..... . .. . . . . . . . . .a. . •� . ..• ...,fa.a.a,. •..•.. . 3' 46 ,Suffield Street—,Agawam, , Address . Ma.., ~ ....• F 1• Name of Surveyor Smi Eh�...Aq;aces End;a.,Tit}�r,. R��l�d. �,•$�.tl�..... ..... .. 7 1 V • i' U. Dead of r recorded 3n �H. C . R. D. Book . ... . Page .. ... Land Court Cert.# 22798G f. Location and Description of Property; 22798G Plan divided into two lots is shown. CD ;. 5,u-*s6ribe the proposal in this submiggiQUe ii Toile Plan with the band Court showing two new lots 28&29 as shown on this plan 3f. Uj + S. ca ZL- C)"< Ln f rt ATTACIME ITT S: TWO ORIGINALS AND TWO COPIES OF PLAN BY CERTIFIED LAND SUMS YOR. 511t11BtUT!! O� F1wfICr . . . . . , K OFFICE .-AGA AM. [`1 f 1 OWN OF AGAW/U,NM!WMMAETTS Board of Appeals r, NOV 2 0 1985'P i, ,,f Appeals No. Puss. Filed , { Hearing "9'z� .41�j Application to Board of A gpermc1 1 Appeals for/Pe as provided in the Zoning and other By-laws . David A. Ladizki, .Agent Applicant -for Cynthia Lorae Address46 Suffield Street, Agawam, MA Applicationis hereby made for permit as provided by Section_ Paragraph 11 of the By-Law. Premises affected are situated on 1194 Springfield Street ; �-0,- feet distant from the corner of Northwood Street and known as i Number 1194 Street . Property is Zoned as Business A To construct building approximately 3,000 square feet for i use as an animal hospital. No animals shall be kept out of s the building in cages, runs, kennels or yards. t j Signature of owner or h a orised Agent David A. Ladizki, Agent Notice : This application must be filled out in ink or typewritten. THIS SIDE TO BE FILLED OUT BY THE ASSESSOR'S OFFICE Following is ■ list of navies and addresses of owners of the fee,of all pr6party fronting on the same side J the street aucl which lies within 400 feet of each side of the land in question irrespective of street Lstersections, anj the owners of the 3 properties in front and in the rear of the land in question: Names: .................................. . . ... ............ .................... .. .... Addrassss: ....... ......... ....... ...................... ....... ........`..»... ...... _.. . a TOWN CLERK CNWAM, MASSACHUSEITS 9 AGAWAM, Appeals 1985 OCT 17jo, xo. ......1 .... ............. peals. Y�"ild p Hearing ►t /.1.I.d. ..... pn ql APPLICATION TO BOARD OF APPEALS FOR VARIATION FROM THE REQUIREMENTS OF THE ZONING BYLAW Applicant: .....DAVID A. LADIZKI ,, as Acjent for Address: ..§.Suffield.. ��t...�g W: q..A&.03001 Dorothy Swartz Application is hereby made for a variation from the requirements of Section................. Paragraph................. of the Zoning Ordinance. Premise affected are (a) known as NUMBER ....35... ......Street; ..Suffield.......... ..(b) distant from the corner of ...........................Street Description of X Building Existing * Size of building:......36.........feet front: ......24... ......feet deep. Single family cape. Height: ..................stories: ............. .feet, Business 2 Occupancy or Use: (of each floor) ............ ..... ............................................................ S. Building Zone District: ......................:`:"!-�. 4. Date of Erection: ...4.7. ............................ 5. Has there been a previous appeal, under zoning, on these premises: No•.. ........ S. Description of proposed work or use: ......front.yard .setback — building is ....i.n s.tead...o f..3 5..feet.............................................................................,................. 7. The principal reasons upon which I base ray application are as follows: ....for.....business................q....................... ............................ ................. ............................................................. .............................................. ................................ ............................,........... ................. . ....................................................................................................... .......................................................................................................................... ....... ...... ......................................................• ....................................... ............... ........• •.....• •• •• •.•Signature of owner or his risegent David A. Ladizki , as agent for Notice:—This application must be.filled out in ink or typewritten. Dorothy Swartz BOARD of APPEALS HEAR:IM November 7, 1985 �:ameaoet ��a�aRxe=scalp snaeslrAlM�1� The following members attended the 7:30 F.M. hearing: John Juliano, A+eting Chairman Ronald LaRiviere, Acting Vice Chairman ac' Ronald Hebert Acting Clerk c" Appeal of David Latdizki, Agent for D,. Swartz 36 Suffield St, The Board. of Appeals conducted a public hearing on ftwadag,, � vp November 7, 1985, at 7 s 3© P.M. in the Advdj% strati on Annex Building for all parties interested in the appsal of Davis Ao. Ladizki, as agent for Dorothy Swartz, who is "SkAng re3.ief from Section 20,, Paragraph 43 (a) of the Zoning Ordinances to allow the comercial use of an existing bui with 10" t the required setback at the premises known � Suffield StAet., The hearing was called to carder at precisely -?s30 P.M. by Acting Chaim John Juliano, who Wigan the hearer .reading the legal, notice which Mr. Juliano rusted that when it mw dished 43 (a) was omitted. Mr. Juliano also intxoftad tba sembere . in attendance and by outlining the guidelines B conducts a public hearing. Mr. David Ladizki, an attorney with an offloe lasted at 46 Suffield Street$ addressed the Board statimg .tbot he has since purchased 36 Suffield Street from Mrg. Dorothy Svartz, and be in fact representing himself iq this case. Att ey Ladizki noted for the Board with use of the -approved pl t that the aa*a surrounding 36 Suffield Street is all U12 fo ' mess and . commercial purposes. He further stated that he had received a variance for Lot 6 of the, playa, 46 Suffield-Street, which be* never used, dpe .to structural 'problems with the previous structure.. He demolished the old building and constrt aUd at nevi. one .ch has a setback of 65a„ Mr. Ladizki coati . =te • Taira thdt substantial fiAanoial hardship would be ineuftwodA�uid he h to either move or raze the existing buildg Ott 36 Suffield Ste- based on his experience with his own building an 46 3uff1*hd: StMm t. Mr. Ladi$ki further cited that not only 36 S;arffleld Street (lot number 7) has a (25" ) twenty.-five foot setbaek bat. Cuts #5 and 3, 54 and 70 Suffield Street respective)y, also have setbacks of just 25 .feet» Since there were no other people in att�e4. Attar Ladizki closed his marks by nwt that in the fug if there will be any addition made to 36 .�fiald Streets tbeie additions will k1l be made to rear of the existing, structum and requested the Board. to grant the relief as rested. The hearing was closest at 7t43 P.M. by Chairman Giuliano who outlined the legal and time requirements the Ord must abide In rendering its decision.. Minutes received, Iov 21 1985 Rinutes tpg: -Nov. 2 1W85 nu 1MB R eroux: ri�1 _. Decision wed: Mozi;�tp, ► submitted, Dec s on to r Theroux: ec s on sailed: AetiM .Clerh -At 1339 FA TOWN OF AGAWAM N� 40 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 yE+ Tel. 413-786-0400 ��RaTEo MPy` PLANNING BOARD June 7, 1979 Edward Caba, Town Clerk 608 Meadow Street Re : Form A Agawam, MA 01001 #1338 Dear Mr. Caba: At a duly called meeting of the Agawam Planning Board held on Thursday, June 7, 1979, the Board voted 3-0 to endorse "Subdivision Control Not Required", plan for Lots 24 and 25, North side of Meadow Street. lot 24 consisting of 3,538 square feet to be con- veyed to Raymond L. & Shirley F. LaFlamme. Plans drawn by Durkee, White, Towne & Chapdelaine, Civil Engineers, Drawing #75-35369, Sheet 13, dated: May 25, 1979. Not to be construed as a building lot. Petitioner Alfred M. Grasso. Very truly yours, AGAWAM NNTNG BO CD RSBjdg cc: Petitioner Assessors s t]F aG,,t .. `� 11L 1b TOWN OF AGAWAM Al��* ' 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 �E► fi _ ,�� Tel:. 41348&0400 Planning Board July 2, 1976 Mrs. .Alice Lafleur 20 Hastings Street Feeding .Hills, Mass. 01030 Re: Form A - File #1165 Hastings Street Dear Mrs. Lafleur: At a duly called meeting of the Agawam Planning Board held on Thursday, July 1, 19769 the Board voted to endorse the .above Form A, Subdivision Control Not Required. Very truly yours, AGAWAM PLANNING BOARD - NOG/wem CC: Town Clerk Paul M. Kalill, Esquire Certified Mail #802380 r uir:say FORMA rr�s 4. N APPLICATION FOR ENDORSMEN'T OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File one completed form with the Planning Board and one copy with thA Town Clerk in accordance with the requirements of Section H1 B. Agawam, Mass. .. .!June.2 9.... 19.7 6.. To the Planning Board: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constdtute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Appfinant . ...ALZCE. .B... .L4FLEJ.1R. ... ... . . . . .... . . . . . . . . . ............ . . . . ......... . Address . 20 Hastings. Street,, ,FeegiRcj. Hills, ,Mass. ,, ,,, ,,,, , 2. Name of Pmgineer or Surveyor . .PNLX"PX. 9m9jr%gexiitg..C9xp. .... . . . . ... . ....... ...... .. . Address . . . . ... . ..Holy9kcp F. Mgps.. . . . . ..... . . . . . . . .. . . . . ........ . . ........... . 3. Deed of property recorded in . . . . . .. . . . ... .. . . . .... . .Hampdan..Caunty.... . . . . .. Beglstry, Book . 26EL5. .. ... . . . .... Page . 338 . . . . . . . .... . ......... . . . . . . . ............... . . 4. Location and Description of Property: land in Agawam, Hampden County, Mass. Beginning at a point in the northerly side of Hastings Street, and running thence, N 650 30' 0" W, fifty (50) feet on said Hastings Street; thence N 24' 30' 0" E, sixty three and 96/100 (63.96) feet, along land of Theodore LaFleur (deceased) ; and thence S 65° 10' 2" E along said land of LaFleur, ten and 08/100 (10 .08) feet; thence N 24° 37' 43" E, along said land of LaFleur, thirty six and 10/100 (36.10) feet to land now or .formerly of one Fetko, Jr. ; thence S 65° 30 ' 0 E, along said land of F.etko, Jr. and land now or formerly of one Cook, thirty nine and 84/100 (39. 84) feet to land now or formerly of Oscar F. Ledger and Frederick Trela; thence S 240 30 ' 0" W, along said land of Ledger and Trela, one hundred . (100) feet to the point of beginning. sZ Nflr �inature of owner .�:.!.1.•. 301140 XN313 NMf �c�dress e)3,3� FA tto0y"141- 9 TOWN OF AGAWAM OF 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 ZCp - ,ham Tel. 413-78 0440 gTEO Mph PLANNING BOARD June 7, 1979 Edward Caba, Town Clerk 36 fain. Street Re: From A Agawam.. MA 01001 #1334 Dear Mr. Caba: At a duly called meeting of the Agawam Planning Board held on Thursday, June 7, 19791, the Board voted 3-0 to endorse "Sub- division Control Not Required", plan for parcel of land located on Mill Street containing 4.04 acres. Plan drawn by James Blasmar, R.L.S. , 34 Senator Avenue, Agawam, MA. dated: June 6, 1979. Petitioner George Lecours. This plan supercedes plans dated 5/25/1974 for Thomas Russo, Sr. and plan dated 4/19/1979 for George & Kathy Lecours. Very truly yours, a AGAWAM ING BOARD RSB/dg cc: Petitioner Assessors TOWN 4F AGAWAM yc Q 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 ATE PLANNING BOARD April 19, 1979 Edward Caba, Town Clerk Re : Form A 36 Main Street #1334 Agawam, MA 01001 Dear Mr. Caba: At a duly called meeting of the Agawam Planning Board held on Thursday, April 19, 1979, the Board voted to endorse plan for division of land on Mill Street. Plan drawn by James Elasmar, R.L.S. , 34 Senator Avenue, Agawam, nL . Dated April 19, 1979, Scale l" = 501 . Petitioner George Lecours. Sincerely, LLJ AGAWAM PLANNING BOARD v� RRH/dg CC: Petitioner Assessors h FORM_a APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL kilo one completed forte with the Planning Board and one copy with the Town Clerk in accordance with the requirements of Section Agawam, Sara. .7.., lli. •:. To the Planning Board: The undersigned. believing that the accompanying plan of his property in the Town of AgawaM doer not oomtitate a subdivision within tape meaning of the Subdivision Can" Law, bw*wM labn a said plan for a deteraduatiou and endorsement that Planing Board approval US44C tote 4064+hWaS 000091 Law is not required. �7 I. Name of AppBaant . . ./ 1 ; r q . .. .��Co c�,y;'S, .. . �3 •. . . . . . ,wres . .. .. ..�y.a.•r..}...........• ! r► . ... . .!`7,f L.�. . .. 5. ( ..: .... .. 2. I1&ne of Surveyor .�.! /'1 .e. . r„ . . 5/'`1. �. . : ....,.y...../�...... . . . 11. Deed of Weep" reaor4d in . . . . . .. . . • .! '. . .�: .42 .'. . ... .... .... ... .... ,..... ... tr7i -Rookl.ay10 .. .f 5 �. . .. . . . .. Page . . . ... . . . . . .................. . !. Location and Description of Property 5. Describe the proposal in this submission* u O ea- Cede S Q,"rh�hS <— Az eu tS� Onl � � � CD rn co rn Attachments - original and 2 copies (minimum) of plan by Certified Registere Land Surveyor. Signature of owner . PA4-t,4. . . .b-, Address +, FORM A l 33 ` APPLICATION FOR ENDORSEMENT_ OF PLAN RELIEVED NOT TO REQUIRE APPROVAL File one completed form with the Planning Board and one copy with the Town Clerk in accordance with the requirements of Section lI-H. Agawam, Mass. . . . .. .-1/,f.f� To the Planning Board: The undersigned, believing that the accompanying plan of his property in the Town of Agsxam does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Coo.Lrol Law is not required. 1. Name of Applicant . Address . .. . . . . .a .°q. .y . . . . . .�,�.�-:. . .`'� . . .. . . . . .�Er q W!Af'1'1 .. . . . 2. Name of Surveyor . . . . . � r.. . . . .. . . .. . . . . . . . . . . . .. . .... . .. . . ..... . .. ....... . jaddcesa . .. . . .`�,a nc iq To i--- )q V� . . .. . . 4&J9 • . . ... . . ........ . a. Deed of property recorded in . . . . . . . . . . ../yre• R .D... . . . . . . .. . . . . . . . . ....... . .... . . PASIStryr Book . . . . . o' .. Pag® . . . . . . . . q. /. . . . .... ... ... .. .......... ... . .. S. Location and Description of Property 5, Describe the proposal in this submission. TGOF AGAIIAII TOWN cERK'S OFFICE An 1 91979 Attachments - original and 2 copies (minimum) of plan by Certified Registered Land Surveyor. Signature of owner . . . .. . . . Address (42) TOWN OF ACAWAM :.. MASSACHUSETTS .ABED OFF APIP Ell Lr B09W OF ARPLIdS 1fia 1� hass r Iyotice of iiithdrairal Case i? 939 Date Apr. 2, 1979 Applicant George J.' Lecourg 1 respectfully request permission t7 withdraw the above application Pram further consideration of the Board of Appeals. 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R. • a.aaRr..•.H.r.al.a�faNa Mom/!�!>W�ATM • 3qA t ?1W fal2oWbrg .e>e1 0 9 atiemSed the 800 PA. meetings T . 4 OF AGAWYANI TOWN CLERK'$--.OFFICE T, Prue.* 00� ;0 4almms vice CharmwAPR 12 79. kippeaof 224 Mill strwee The petitioner ooa a bets the Board seeking rellif &0151 Sec ti i +fie 10W.Ph R 3B of the zoning oranums to allow the cortstructum of ar single family{hoses on a lot with law than U*-rajuLmd frontage see 294"Iti17. StreeEti, The Chair opeasd the hwwft by i*rodncing the w beis sold reading t10 sAUe of the public hserirg. He Uss =pUlned the proe"We the hearing W01 fsllaws and called upon the petitla w tie preset tO. carer RDbert YhrSSi3e®onet a AW- r. Imom r+s: "I theaked. the: ou this b is soled apdamlivft, avid it is- right nett to an k2 1A in 115 feat ride and needs 3 .ore feet to gwsali.f�r ldr.s poopw' lot.. Theivls more than 3 acres for apple area, tie are seeking "LW sa can build a house or sell it as a bxdl di lot,* Mr. Prolpulske a *Are you-aware ware ti this Board was asked to ruche a dee4r3�ee back in 1975 on this property?* Mr, Oesisone s BQ! I w4 tic pi s Kr. Progexlsket "1be Board then in office dernied 09 Tarr !Rafe +arias "W A , at now seeking for goad and snffieiw* reasons. The Hoard srgge#ted to the prior owner that he wok a sono chengae to A2. U there is a �U1 change in. the coalitions of the sftw aiticm, as it existed is 1975. The -Voard feels that we feat. agree with tba prior decision.* ' ' Mr. DeS imone: "I wale tnwe omv of a prior decision ion. as this pa=e l of lam Hovover, my =ct fttaiis of action Is to redefine.tlhe 3bt as baying D- fbat,. This can be dame because Mr. Lecour a also owns the° 50 Taft rPub of Mr. Zeus. "Wbo, awns the right of **y?" Mr. DoStwees Ift. Lscomm was. time right of weir* and pays des as ttrs lead of the rf of mW. The =4 pePrrons wbo can use the ri vw of Mr. Russo, Us heirs or as$ ash" Mr. ?.errs= "She Thole plot of ]and as it vas lam os Won is the .saw" Mr. DeSluanes "lest it is. If I :bad Breen this pZ mo;-1 would not haft aaM before this Board." Mr. Progulakes "Incrsasiog the lot size by 120 said` f oratW from its preseat 315 feet fra et and wing a far: NlI approval from the Plawd ag Pap 2 _ Dowd is an that Is neaded, There is m treed for tbU Board to ,act, m Ws, . matter." Mr. Z+srraz am that UW petitioner be allowed to.w thdrm his p*AUm withcnA pare judlm.'! The Ord wted z s sl t to .accept the wig wit witbout prey, Meeting adjourned at 9s 1S P.M. Respectfully sdwiLtedo J U i C srk Minutes.recelveft .Apr, z, Minutes typedz Ada'. no 1979 � Minutes to Mr. Cabaz o Decision receivedz TG - .4 DF AGAWANi Decision typed: F _ AWN .CLERK '©MEN Jecision to Mr. Cabaz Decision mailed: = AA XW F A rfl 6 '71 Pm TOWN OF AGAWAM -- =- = MASSACHUSETTS + BOARD OF APPEALS -'i �A]'ER MPy� DECISION OF BOARD OF APPEALS Date Petition of $Qbert L' 1 Premises affected 4 Tom Street _ Gase_#7L8 The petitioner is seeking relief from the setback requiremnts of Section 7 (ca) of the Zoning By-Lax to allow a variance on a house that has less than the required setback on the promisee known as 44 Tom Street. At a public hearing held on November 179 1971 evidence was presexited on behalf of the petitioner claiming the residence on the ,premises had been constructed by the developer in such a manner that the said setback requirements could not be not, At an Executive Meeting held November 249 1971 the Board reviewed the facts presented at said public hearing and evidence observe at on site visits by each member of the Board, resulting in the following principal deductionst 1. The responsibility of the incorrect setback measurement rested originally on the developer of time *ub-division but upon purchase of the premises the petitioner assumed said responsibility. 2. The Board raasoned the only method to be utilised in msieting the ssotbuk requirements would be to physically relocate the residence to the reran of the preedoes sufficiently to clear the requiremernt of the By-law. 3. The Board then recognize that by a literal enforcement of the: Zoning by-Law the cost to the petitioner to accomplish this would invo " a esubstantial finannaial hardship. Any recourse the petitioner might have against the developer in recouping such financial outlay was considered questionable by the Board. 4. A special, oordition affecting only the promises has been created by the developer in the placing of the building on the premises in violation of the BY-Law. Acts measurements of the setback of several other residence in the immediate area, within the sub-dit►i.si.on, showed the requiremerits of the By-Law had been satisfied to this exterat, the"tores„ ate► relief afforded the petitioner would not nullify or substantially derogate from the intent of the said By-Law. 5. No obJeations to the petitioner's prayer ware noted at said public hearing, as a matter of facts, two abutter's appeared at the hearing and apd a in favor of the potitione Under the circumrLa Yces the Board Judged that devirablm relief might be granted without substantial, detriment to the public goal. FA TOWN OF AGAWAM R—Er 6 '71 pf� -_ MASSACNUSETTS jT BOARD OF APPEALS wk _ SATED y1 DECISION OF BOARD OF APPEALS Date D3 re' .1g71 Petition of Robert—Lumpk _ __.,,. ....... Premises affected Page a 6. In considering granting relief the Hoard in no way condones the ping of this residence, or any other residence in the cub-divisions in violation of the Zoning Br-Law, An error has been made in the location of the residence under coosiderati.on and it is the feeling of the Board that the developer sh&U be solely responsible for any other violations of the said Hy-lAw within the said sub division, originating during his ownership, Therefore, based upon its finding of facia& the Board at Appeals votes unanimously to grant a variance for the maim structure,$ the residence located on the promisees, as petitioned, with the following oonditionss 1. The variance ahoU not become applicable until the petitioner host (a) Furnished the Building Inspector a copy of the "Notice of Variance" form issued to the petitioner and duly recorded in the H mpdon County Registry of Deeds. (b) Securesd from said Building Inspector a "Certi,fi pate of OccupeoW as required by said By-lair. (c) Met all other requirements of the Building Impactor. �IMYIyFL= LIZ,C-" IA■ 1a./3 /7/ 7jj r BOARD OF AI't',�W MUTLIG NOVEMBFA 24,0 $971 Executives 303sion 10:0 7 A.M. Case #748 Robert l ee$ 44 Tom St"eet Attending: B. Edward Dandah, Chairman J.J. Juliano# Sr., HeWmr J.P. AiaShhoeaa Jr., Clerk The Board discussed the evidence presented at the public hearing held November 17, 1971 and also reviewed observations noted by each mmber of the HoaM during an "on site visit to the promises. The .following points influenced the Board the =mtz. 1. Thrc ,ta no fault of his own, the petitioner autesaatical1y assumed the responsibility of the developer's error„ namely, the vioUtion of the eae9tbLac requirement of the Zoning By-Law, when he purchased the promises. Se condll'e he apparently knew nothing about the lack of a "Cortificateeo of Occupancy" issued by the Building Impector when he moved into the said premises. They developer was initially in error in both instances and the petitioner inherited same and became the "immeent by stander". 2. The only way' to correeot the violation would be to pbyzioally ree:lecate the residences tothet rear a distances sufficient tO provide the ne;rwsary adnimm seat back. The petitioner would Inherit this cost which wouW involves a substantial financial hardship on him if the Hoard decided a literal enforcement of the Zoning By4aw were in order. Further# the Heard had no very of judging what financial responsibility the developer oper bad at thin Point. 3. Two wadwwa of the Board had awAsure:d the set tack of several Lather residences in the immediate area, within the sub-divioion and found saw to conform to the By-Law tents to this extent. It was telt that a special condition had been created by the dorrelopeer in erring in the placing of the house on the premises and thereefcr['e s, azr relief granted the petitioner wa.JA not nullify or sub5tantially deroptee from the intent of sau AP-Law. 4. No one appeared at said public hearing to object to the petition,, further, two abutters appeared in favor of sa o. After a aaWletee study of this request, the Hoard Judged that desirable relief might be granted without substantial detriment to the public good. 5. The Board unaniwuslyy felt that the developer should be held eentireIr responsible for the predi.caumiet the petitioner finds himself ia, but realized the responsibility had passed to the petitioner with the purabase of the premises. further, tkee board ,felt vtrongAy that any additional violations of the JEW-Law within the said sub-division ahall be corrected by they developer if same originated during his whip. Based upon its finding of facts, therefore, the .Hoard of Appeals voted unwilzpwly to grit a vane for the =in structure., the residence: located on the promises, as petitioned, with the feol,lowiing conditions: 4. The variance 3ha3l not become applicable until the petitioner hoe; a. Furnished the ceding Inspector a copy of the "Hcatice of Variance" fom issued to the petitioner and duly recorded in the Haupdeefn County Registry ofddoeeds. BOARQ (W APPEALS IM NOYMM 2i4* 1971 Page 2 b. smeared tract."IA Building Inspwtw a %CwUtiaato at OooqmnW as re*dxsd by o"d Ap-Uw. o. Met All stir regWxo its of t e ftildlM I=pWtcar. Add at 10%30 A.M. � sadapdt�ds J.P. clot 6 y y yyy g F� to rrp@s rg] cgg �p � Sg �eg � � RV iF7 7 � ! eFfAli sl6 Art 4F ...... ... Its C r tit p ■ qaIK 9 ItZIIr DOARD•OF APPEALS lLU7W Swumbef IMs 1971 Now 3 . Tb• Ch#ar tbm amplained bm a pus= weaved t r a destsim of -�b.I it idj#A vo* ars]#st ar, turUw hm a► *W of tlw &wAsim mi bs 6M&�md. . f Ho then adjewmd Us meUm at 8sI5 P.H. J. P. Nlux&ss, rece . . , t — to..Hr. t D dacha r*e4vnd •► "loadDOOWAM .p OCT 2 D '71 PM COPY FA q TOWN OF AGAWAM — MASSACHUSETTS - _ T oil, - +� BOARD OF APPEALS DECISION OF BOARD OF APPEALS " A'N OFFiCE q D M Date October 15, 1971 Petition of Robert Lempke Premises affected 44 Tom Street Case The petitioner is seeking relief from the setback requirements of Section 7(c) of the Zoning By-Law to permit the construction of a proposed garage that will have less than the required setback on the premises known as 44 Tom Street. At a public hearing held on September 23, 1971 , Mr. Valentine Moreno, 46 Suffield Street represented the petitioner and explained that he was constructing the attached two car garage and that the setback would not meet the requirements of the Zoning By-Law, Mr. Moreno explained that the garage was partially constructed and that he completed the exterior siding to protect the plywood sheeting from rain. At an Executive Meeting held October 6, 1971, the Board reviewed the facts presented at said public hearing and points observed at an on site visit by each Board member. The Board also reviewed the file of the Building Ins- pector and a plot plan with detailed measurements requested by this Board of the Town Engineer, resulting in the following principal deductions. 1 . Construction of the garage commenced several weeks prior to the app- lication of a Building Permit and continued after notification by the Building Inspector to stop work. 2. A review of the plot plan indicates that the house does not conform, with the setback requirements of the Zoning By-Laws and is therefore declared an illegal structure. 3. To grant a variance .for the addition to an illegal structure would nullify and substantially derogate from the intent and purpose of the Zoning By-Laws. Based upon its finding of facts, therefore, the Board of Appeals votes unani- mously to deny the petitioners request for a variance from the Zoning By-Laws. /, r � � � 4 , ► TOWN OF AGAWAM, MASSACHUSEM Board of Appeals MpNo. ............ .. . ........ Filed .......................... Hearing ................I....... APPLICATION TO BOARD OF APPEALS FOR VARIATION FROM THE REQUIREMENTS OF THE ZONING BYLAW ROBERT LEMPKE 44 AppIieant: .... ............................................ Address: ........................x.. a,1ya3 ,............. Tom Street Application is hereby made for a variation from the requirements of Section....7............ Paragraph......C......... of the Zoning Ordinance. Premises affected are (a) known as NUMBER ....4. .. ......Street; .... 914................(b) .��.Q�..�......feet distant from the corner of .NO.&T13....................Street Description of Building Existing 1. Size of building-....38..........feet front: ........36. ......feet deep. Height: .... ...... ..stories: ..........�r....... .feet. 2 Occupancy or Use: (of each floor) ...one,.f a;qi lY..r9 s i 49 WP................................................ A riculture 19.7.Q......, S. Building Zone Distxlct: .......�........................ 4. Date of Erection: ...... .....••••.•••.••••••• 5. Has there been a previous appeal, under zoning, on theme premises: .....T5S....................................I....... d. Description of proposed work or use: ...Md . 'l C. 7X .'. f:: fi : J,.$.i 1 e--%et.-bac &...,.P-10-pe vty is, cons.truct.ed, only„2$,feet,back„Jxplll..�rpvt..sgt,.back..requi.raments............ ........................................ ..........................................................................I...... .................................................................................................... . ................... ..................................................................................................................I....... 7. The principal reasons upon which I base my application are as follows: .... U*V;eWtJA lAttacher(Lo walla :r garage ,tkRititrkly-e !T .a q.-.R y? structure„frost..§ex..b.aGk.x�quixiimap.t. ....... and your applicant. will suffer great financial„and,pe,rson .. such.appl�.,catoz}„�.�..�I,Qt„�AF��.Y�S�.ti,..X4�x..�PRX�.Gamt..3�.s.o..feals..that..the..+cantc�u� of the, area would, also not„be„affected,by,,,the„gr.4Ateii,g„QX,.thj.*.,�pplaration .. � ce................................................................................... ...... .... � ............................................................................................... .... ..... ..... CT 2 $ 1971 ® � Agawam Bd.of Appeals Signature of owner or a thorised Agent gi Agawam, Mass. �- Notice:—This application must be filled out in ink or typewritten. f� f 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 a properties in front and in the rear of the land in question- Names: .................................I.............. Addresses; .................I.......................... ...........................I.................... ............................................ ................................ ........... ............................................. .................... .....• ................. ........................• .. .........• .... .................................. .....I....... ............................................. .. .• ..i...j�a..F::i.1f.�.. .�.la,':Yx ............. ......................... .............. .... OU2871PM a; =.2 `4 TOWN' TOWN Gt-ERt.'S OFFICE f � i TOWN OF AGAWAM, MASSACHUSETTS Board of Appeals yc� �QNo. ............................ Filed .................. Hearing ........................ APPLICATION TO BOARD OF APPEALS FOR VARIATION FROM THE REQUIREMENTS OF THE ZONING BYLAW Applicant: ....&e�`?;/.... y?Z ...... Address: `' .................. Application is hereby made for a variation from the requirements of Section........7....... Paragraph... ........••. of the Zoning Ordinance. Premises affected are (a) known as NUMBER .......... ......Street; .......... ..............(b) ... d ....feet distant from the corner of ... C ..........Street Description of 44""ed Building Existing 1. Size of building:.... .. .....feet front: ....° .C ... ......feet deep. Height: ...storiet ........ __�..... .feet. 2. Occupancy or Use: (of each floor) ... Z .; - �: t� G F �r?r€ J........................... 3. Building Zone District: 4. Date of Erection. ...1. -�V ........................... 5. Has there been a previous appeal, under zoning, on these premises: •...•.•.•.•••.•..••••.............. 6. Description of proposed work or use: r:�•••••••••••••••• . 4. The principal reasons upon wl;ich I'base my application are as follows: .. ... ................................... �,.. ............... .. ................. ............................................................. :2 . ........................................... .......................... ........... Ol ...... ........... ..... ................................................................... .. . ..� o ls, �. ........ ......... .................. ........................................... '7 swain��•o� Appei�s —� °4 s ;, '� 1d� Agas _ 2 A `"a�"' \ ....... .. . -ICE Signature of owner or his authorLud Agent /�y 1 �� Notice:This application must be,filled out in ink or typewritten. F 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 frontiW 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: ............................................ xi ................................................ ........................................ • . ................................................ ........... ......I............................ • ` ................................................ ................................... ......... ................................................ ............................................. r JCW (W Ai'MALS MWDG October 6. 1971�7� IMMrA.ive Sommi.eft 9:30 P.R. C"e Robert Lowim,r Teat Street At z T. A. Plrogulalms, UUM Gin 13# Aimrd tdah,, J. J. ;UUMO* Sr., ActiM G1U* The Board dimesed the ereideeme prwer*ed at the pWaU bwimg h en September 230, 19n acid also r"Uved 4awratiam rusted by each of the Ord at ae eon sUe° visit to the premises. The Board also rmdew d the Buildimg Inopmetc0s I,* and p3A P1 is of the existiog Muse aA garage requested: by the WLrd. of the Town ftimer. The fdUwJm& ports seemd to be e t pertim t to tto B"rds 1. The SuUding Inspeotarrs file indite that an isspoction of tka m®tm an Ault 12* 1971 retreated r onstruct m in pmgrme eitbmit a DW14ing P*mdt. APPlUativa for the pamit was received on Aegst 26* IM 2. A stop work ,order was nailed to fir. Lempke = Amamt 31* 17a add rem emadnation of the presses can 3eptember 22, 1971 wed Px"ogreseed in direct violation of the strap wow older. A review of tAa plot plan Wepared by the Tom first reveal" that the Ming house is in violation of th 1'e"at ZvalAg *,-Lw and that the ar ou pobt of the home to the xLreA is tw enty—tove " fiver tenths (25.5) r"L. It appomrod to the Board that wq vaf ame gr&WWd for $a addition to an illegal. structure woulA nullify and substantially derogate frm the meat and purpose of the Low By-44wo„ Baaed up= its finding of fad* thereforot the of Appeale wend unmaiams1,j' to dew the petitimrr+s requ"t for a vearlanee from the Zoning Bra-lam. Adjou-nod At JOPPA. hA*psotfully au4dtted*. .' 411131amo Sr.jp Asti Ag Castle I W 1 R '71 AN i,ltxF,.1�73j� P. i y lr`y 1 TC�►"vt�i I I w FA TOWN OF AGAWAM TOWN OF AGAWAM MASSACHUSETTS TOWN CLERK'S OFFICE +� g - BBARB OF APPEALS MAY 12 1972 Z A.M. P.W DECISION OF BOARD OF APPEALS?iOl>i gl4ly 1l�ITIfl..Oif al'E0 Petition of Robert Lempke Premises aFfeeted , _44 T'= 3tnet 0"s iza Theptitioner is seeking relief from Section 7s paragraph (a) of the Z� By-Laws to o�r construction of a two car garage on the p�aes known as 44 Tc� rest. . At a public baring held April: 26# 1972 the attorney representing the petitioner exp3sined that the said petitioner was the victIm of circumstances crested by his oontractar who proceeded with the erection of a two car attached garage in spite of formal warm by the Building Spector as no building permit had bean tiled by aaidi contractor. At an Executive Meeting held later the acme evening the Board reviewed the facts presented at said public hearing and considered observations made previously by each member at "on site" visits to the premisess arriving at the following conclusionsx 1. The evidence very clearly pointed to the contractor as having the responsibility ty for the existing violations but also revealed that dine to circumstances the petitioner would be unable to require said contraotogr to rectify same. It wea quite apparent to the Board that a denial of relief would *&use substantial financial hardship to the petitioner. 2. A speoial condition affecting only the promisee had been created by the contractor originally in the placing of the residence on the same premises in violation of the Zoning By,-Laws. For this reason the Hoard granted a varimice under date of Dec"er is 1971, Case #746, covering the main structure located on the premises. Th" special condition has been extended to the two oar garage addition as its being attached to daid main structures also, fails to meet the detback measurwnnt as established by said. By-laws. It was felt by the Board that any relief granted would not nullify or substantially derogate from the intent of the Zoning Hy--laws. 3. No particular opposition was presented, at the said public hearings as a matter of facts the abutter imma iately across from the premises. appeared in favor of the petition. lender the circaumstanaes the Board judged that desirable relief might be granted without substantial detriment to the public Ste. 4. The Board felt stronglys howevers that any relief granted should be in a manner that would compel the petitioner to meet all the Banding Inspectors requirements within a limited time period J AQ TOWN OF AGAWAM TOWN OF AGAWAM -� MASSACNUSETTS T0WN CLERK'S OFFICE ��• - BOARD DE APPEALS WAY 121972 MPy�'1 DECISION OF BOARD OF APPEiLP"'14"Vf l 1T1f1" ATE D 1 Petition of RcbeA LIMPM Premises affected 44 Tom st r rt-- came #259 _ Pages 2 Therefore, baud upon its finding of facts, the Board of Appeals votes --- nimously to grant a variance as petitioned,* with the following conditions: 1. The: variance shall be operative for an initial period of one hundred omd twenty (120) dates from the date of the decision. Within this period the petitioner shall have rectified all of the said Building Code f.olations, met all other requirements of the Building Inspector and completed the said tw ww garage additions ready for ocaupamy with the final approval of said Building Inspector. At this time, the variance shall become permanently operative. 2. If the requirements in the above paragraph are not met within the specified time of one hundred and twenty (IM) days the Building Inspector shall caause the immediate revocation of than building permit and order the addition roved. The variance will cancel coincidentally with such action of order of revocation and VeWoftl by the said Building Inspector. 3. The variance shall not become operative sanil the petitioner has furnished proof bo the Building Inspector that a "MAias of Variance" furnished by the Board has boon duly recorded in Hampden County Registry of Dewis& 4. The petitioner shall provide the Building Inspector a detailed site plan, shoAng the location of the addition wbich must meet all the requirements, excepting the setback wasurement, set down by the Zoning By4Avs. This to be accomplished prior to the issuance: of a building pelt. 5. Fixnal.ly# a violation of any of the Building ImpecWts, roquimmezts small cause mate revocation of the building permit. wrw. or Anus =T 1 Bzecutive Session 8:30 P.M. Case 1738 Robert Lompkes 44 Tom Street Attending., T. 1. Progulsk+e, Chaise J. J. JuUawt Sr., Vice Chairman J. P. ltdiabon, Jr., Clerk The Board discussed the evidence presented at the public bring held earlier this sees evening and also reviewed observation@ noted by ea h amber of the Board during an "on siteR visit to the promisees. The following points seated most pertinent to the bard t (1) It was readily appar at that the basic responsibility far the lack of Reetbackl measurement as well as several Building Code violations wee that of the sontractor. The Board felt that he should be bold solely accomtable but the said evidence rearms" he was financia,14 unable to rectify said infractions. The Board judged the petitioner had suffered irreparable damage by the actions of the aaid contractor and that a deaaW of relic old cau" bin subetantUl. herdmbi p. (2) Linder date of December 10 19719, in case #748s the Board granted a "wimme to the saws petitiaaw;, a avering the maim structure located on the promises. The Board reason that the special oondition affocting only the prenises created by the contra~ In plan the said main structure in violation of the Zoning By-Laws has boas extended to the two car garage addition as it, being attached to the main structure, also, fail to most the betbeak" measureeent as establiabeed by said By-Laws. Leader the c onditi ns# the Board felt that any relief afforded the peti6loner would not nullify or aWntantially daavaste from the intent of the said Zoning B3-Laws. (3) The lack of major opposition at the said public hearing plus the appearance of an abutter 1mediately across the street from the premises who appeared in favm of thew petitioner influenced the Board to feel desirable relief might be g wzted without symb- stantial detriumt to the pvkl good. (4) Although the petitioner seems to have the seeo*W7 responsibility in this matter, nevortheless,, he abase meet rectify,, at least, the said Building Code isfraatlons. The Board felt strongly, therefore, that any relief gated should be conditioned in sueeh a manner so as to compel the petitioner to meet all of the Building Inspector's requirements within a limited time period. Based upon its finding of facts, therefore, the Board of Appeals voted mil, to pent a variance as petitioteed, with the following conditional (1) The variance shall be operative for an initial period of one hundred and tviouty (l24) days from the date of the decision. Within this period the pstitiomw shall have rectified all of lriieisatid Building Code violations, met all other require m=ts of the Building Inspector and completed the mid two car garage addition ready fbr occupasay with the final` approval of "Id Building Inspector. At tbia time, the variance @ball became permaunattly operative. (2) If the requi.reenents in the above paragraph art not mast qithia the specified _ time of as hmadred and twenty (IM) days* the Building Isspe eUr shall cause the Insediate revocation of the building permit and order the addition. removed. The variance will casoel out coincidenLally with such action of order of revocation and removal by the said Building Inspector, e Ip '12 AM TOWN OF AGAIN TOWN CLERK'S OFFirlE BOARD'OF APMLS ME nr id l 26 1972 Page 2 (3) The earl ante sha3.l not beams operative until the petitioner has furnished proof to the Building Inspector that a IONotice of Variance' ibraished bV the Board has been duly recorded in HoRpdon County Registry of Deeds. (4) The petitioner shall provide the Building Inspector a detailed site plan abowIng the location of the addition which must meet all the raquirenents, excepting the eetb"k seaasurenent, met dawn by the ZouJug Bar-Laws. This to be aoeaoap3iahed prior to the ism of a building permit. (5) Finally, a violation of any of the Building Inspectors requirmswU ehall ear immediate revocation of the building permit. Ad jourwd at St45 P.I. Bespeetfully submitted, d. Kegahvn, Jr., lent AM F .f i OWN OF AUGAVrA,M ;OWN CLc.RK'S OFFI'CA DUO CF A PPIALS HWIW The tolloviag ambers sat at the 7.30 PA. Meeting: T. A. Progulske, Cbairmau John J. dulianc,, Sr., Vice Chairmum J: P. McMahon, Jr., Clerk ARpeal of &IMEI lepkeg. J& Tan Street Case The petitioner is seeking a variance from Section 7, paragraph (a) of the Zoning By-Laws to allm coaatraction of a two car garage on they promises kmcmm as 44 Tom Street. Dive (4) perms attended the Ming. The sari first read the published legal notice, to which there was no eammeant, secondly introduced the Boar:! Members and ;lastly explained the sales of procedure followed in conducting our public hearings. The Chair then called upon the petitioner for his case. Attorney lavid Lsdi.ski appeared for the petioner and explained he was not only an attorney practicing in Agawam but was also a taxpayer, he further explained that the petitioner had been t:nfortwaate enough to appear before the Board involving Case #745 relative to the lack of net back of the same two (2) car garage and received a denial decision dated QeWber 15, 1971 ixamwh as the main structure, the; residence, was in violation of the setbask requirements of the said By-Laws. He appeared before the Boated again in Cass #748 and obtained a variance on heaadwr 4 1971 an the residence. In the aeantbw certain suzs have been spent on the partially constructed garage, and also, the Plannfgg Board bad provided a waiver U&img the petitioner out of the denial period of two (2) years. ,Attonw7 Isdiski, stated that Mr. Lempk a had sat through winter with garage partially instructedo He has already suifere►d al hardship because of delay in having to go throes Cane #746* He had obtained financing of funds and was um carrying interest costa on inoomplete garage in addition'-to being straddled with hardship of a partially oompleted garage. The attMUOY they produced three (3) letters from abutters on Tam Street stating no objections as follow: (1) Angelo Stack,, 56 Toe: Street (2) D=Iel & June S. Quinn, Tam Street (Number Ulm) (3) Francis & Gabe Shaltee, 30 Tom Street He then stated if residence had barn properly setback according to the Zoi By-Ums a one (1) car, if not a two (2) car garage Haight have been bu81t legally. He then proceeded to rend into the records the letter of wfiver furnished by the Planning Board. Further, he stated the petitioner had relocated frca Connecticut to Agawaan, therefore, was unfamiliar with our Zoning By-Lars. Mr. Iadiskf then sume d up his ease by saying the petitioner would rectify the Building Code violations and that nor that the house was a legal structure yaw relief would not be derogating from the add By-Laws, the neighbors seemed to be in accord and be, therefore., pleaded for relief. Member Juliano asked what percentage of garage was constructed. The answer was fifty (50) percent. The Clerk than inquired what responsibility the contractor had in the case. Attorney Timothy J. tuxes, office at 1500 Alain St., Springfield and residence at 56 Suffolk Street, Holyoke than introduced himself as representing the Comunity Savings Bank, the mortgagee on the promises. He stated Mr. Lempke purchased the house after eaapletione !u '12 AM 1"WN PI FPK'C $t?ARD OF APPYALS XMING fl 26 1972 Page 2 It was the custom of the hank to bemm+e aware of lack of By-laws requirements but in this instance bask was not alarmod because of variety of By-Lairs tbraughout ee@sRmiuss. Further, from beginning Xr. 14apke intended to build a garage and engaged the developer as contractor to erect &ae. Axy variations on garage were between contractor and inspector. Contractor has been paid for work he has lava up to date, Attorney Bourse t atatsd he disenssed overall situation with Attorney Ladiaki and decided there was no practical redress because of Mr. Moreno's financial status, also garage cannot go apywbere else as it would vioUte By-Laws if it were moved back. Xr. Leapke is suffering further hardship became contractor cwawt complete garage. dr. Moreno has signed release so petitioner can proceed to complete garage. Bank will timmee completion. The �-baixmaa then painted out that banks should take more @are and prudence to obeck such violations. Attorney Howes answered that it mould be ideal to handle construction like eadow as banks otherwise at the iiercy of error*. Attorney Lad' ki then stated it was evident a Certificate of Occupsuay had beers tolled 9br and 1t was only a matter of time before garage would awae up. The Chair asked for oppositiiou stateaseuts. George Dragbetti, 45 Forth test St., "The contractor was former Building Inspector and was told to stop construction but continued. The bank did not release to petiomw." Attorney Howes,,.. "fey went to Nr. Marano, when petitioner bought lot no garage existed," Louis Draghetti, 93 Senator Avenue appeared for Ury Drsghettf! 324 No. Westfield St. and stated there seemed to be Osn encroschmant, a little bit. dais are reluctant to speak, not being opposed to house, no hardship there. I talked with BuLldieg Inspector and surely Lanpke know what a "stop work" order meant, a one (l) car garage would not encroacb. We have been friendly with neighbors for years, with no eanaideration. Mrs. Draghetti takes exception to the petition." The Chairman then stated Board was aware of confrontation between the contractor and building Inspector and that the petitioner is the in victim and his plight will be given consideration. Roy iserjamin, Tca Street stated he lived directly across the street from the petitioner and would :look at garage through rough his picture window. A denial would serve no pwpose, there- fore, he favored petition. The petioner then stated he woad hire someone to correct *ads violations and finish gun*. The Chair then stated that the letter of waiver from the Ply Boatel had allowed petitioner to return before Hoard before the two (2) year 11mi.tation. I' them remarked there was no correspondence Ui the matter; explained what action a party Zgrisved by the Board'a decision might take and finally how a copy of the decision migbt be obtained. he then adjourned the meeting at 8:10 P.M. Respecthillj s tted, J. P. KcMahou, Jr Clerk Hinuted received - 5/16/72 Minuted Tvaed w 6/1/72 AM w � AyI/4 F ? 4 ,-�:NN OF AGAWAM, MASSACHUSETTS J0 12 Board of Appeals IX ............ Filed .......................... IN '. !`$ ' Hearing ...... . .. ...... APPLICATION TO BOARD OF APPEALS FOR VARIATION FROM THE REQUIREMENTS OF THE ZONING BYLAW Applicant: . ..R.Q]3XRT. .TZMF E........................ Address: .44.. om..S.treet,..Agawam••(Feedin& Hills) Application is hereby made for a variation from the requirements of Section................. Paragraph..0.............. of the Zoning Ordinance. Premises affected are (a) known as NUMBER 4.q..T.QM......Street; ..............(b) .5 }.......feet distant from the corner of .....N9Mb........ .......Street Description of Proposed Building Existing 1. Size of building:.....3 .......feet front: ..... ... ......feet sleep. Height: ..,,OTIe ...stories: .....I ......... .feet. 2. Occupancy or Use: (of each floor) .............O,ne family ................... .................... 3. Building Zone District: .. Agriculture . q. Date of Erection: s�x't] a�.l-y..31�..cL]I1�trLlGt• C�ri 5. Has there been a previous appeal, under zoning, on these premises: Yes „waiver,Q�.111Asa .�a'e 1px'dl..Irc�wS hereto attached - see case #745 6. Description of proposed work or use: .................................................................. ............... Two-car garage „- waiver ,o si . qrider..Mass...Geaieral..Law s..... .. ..........I....................... ..... .... Ch aft e r 0,a„S e ct a an, 2.4.............. ........... ............... 7. The principal reasons upon which I ba my application are as follows: IOU..I.built. in,errpr„a�.. 4..,,,. se main. structure„front set back requ irement which has„beeTI„gli_.4 ;ed,up....... . by previous variance granted by this Board. Applicant„has, two-car„ga ;ag� in process of. const,rgption,Which,i�. ,also,bu}],t„in„ .xxpx'..as..t4..fxon .and... side set back requirements and your applicant will suffer great, inancial and personal hardship if such application is not aPproye s. ,Youx..4ppj,.pant also feels that the contour of the area would also of be„affected,by„;the ...�ranting..o,f this„application„for„a.variance„i,n t, h'�..��gbt.b�1�.�d. a two-car garage onto his house. DAVI A. LADIZKI SQ. , Attorney Notice:--This application crust be filled out in irilt or typewritten. for Applicant - ~- � ' - ' THIS SIDE TO BE FILLED OUT BY THE ASSES OFFICE � Following is a list ol names and addresses of owners of the fee, of all property fronting on the same side of the street and which lies wiffln 400 feet of each side of the land in question irrespective of street intersections, and the owners of the properties in front and inthe rear vd the land in question: Names: ,..'..'.'..'''......'...,.......'..............' Addresses: ,.................'..^..'.,................. '..'.^....'..,..^....^...'...,..........'....... ..^''........^...'........'......,.........^ ,,,.,..'.....^.,..................''.....^.....' ^...^,'^.....^^^...^.^.....,^...^..^^.... ................................................ ^.....^^....^.^......^^.`..^..........^..'. ................ ..,^^..................`......-.......,^ ................................................ ............................................. ................................................ .'........ ..^'.'........''................^. ................................................ ..^.'........'..... .......'.................` .'.,.''...'',..'.'.....'.^^..,'^...........`.^ ...........................'................. ................................................ ................. ...^........................ -`''^''''-''''''--'^''''''''''''-'''-''^' ''`''^''''''-'''''''''''^^-~'''''''''''''' ............,................................... ............................................. ,^..''^..,-~ ^^'._.^.....'..'...........'..' ...^'.^.....~...-..''..-.-.^...^'.`....'^ ^^^`'''`''''`-^'''-''`'''^`''``'`'''''''''''.` -''``^'`''^^`''''''''^-'^`''''-`^''''` .............................................. -''.....-'..-^'.^...,-'^,...'.'.'.....''. ' ....^^'^^..~''^,............................... ..'.^....^...,...'...-...^'..'...........'' ................................................ .............................................. '.'''-..-..^.~.-....''..-,',....'..,.-.'. .......................`-.-'.............. ^'^'``''''`'``^``^'''''`''`''''^`.`''''''`''''^' `^-''''`-'''^'`'''''''`^``'`-'`''''`-``'^ � 1 FA R� TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 y�+ Tel. 413-786-0400 ��ATEq MPy PLANNING BOARD September 27, 1979 Edward Caba, Town Clerk 36 MAin Street Re : FORM A Agawam, MA 01001 #1355 Dear Mr. Caba: At a duly called meeting of the Agawam Planning Board held on Thursday, September 20, 1979 the Board voted 3 -- 0 to endorse "Subdivision Control. Not Required", plan for division of land on School Street. Plan drawn by Smith Associates, R.Z.S. , 602 White Street, Springfield, Mass. , dated September 1979. Petitioner Geraldine C. Loehn. Very truly yours, AGAWAM PLANNING BOARD �f CRC/dg cc : Petitioner Assessors 0 q :8 w1v - 130 6I61 !35 5 J • FORM A , APPLICATION FOU ENDORSI MENT U OF "LAN BEI. EYED NOT TO REQUIRE APPROVAL �:Y-: C File one colopleted foi•ru with the 1'launing Board an.] woe 12C copy with the Tom it Clerk in aceordwiee with the requiretuents of section ll-l3. w O �j C\j 4- c'' Aguwatn, Marne. Segtemb,er Zo.. . . .. .79. . Cn To the Planning Board. The undersigned, believing that the accompanying plan of his woperty in the Town of Agawam does not ooustitute a subdivision within the Mtaahiv of the Subdivision Control Law, herewith subn N said plan for a determinwtion and endorsement that Planning Board approval under Ube Subdivision Can" Law is not required. I. Name of Appbeant . .Geraldins-. C, .LQehn .. . . . . . . . . . . . . . . . . . . . . ... .. ... . .. Address . .1-33 Hampden. S.t.., .West SDringfielA,. .MA. . M�9. . . . . . . .. .. . . ... . . . . . 2. Name of Surveyor John Fz Smi-th sia,-lth Assa•ciates , . . . . . , . . . Add.resa . . 6(12. Mite, fit. � Springfield, 1KA . . Il. Deed ofproperty recorded in . Hampden .County . . . . . . .. . . . . . . . . . .. . . . . . .. .. . . Regi&Uy Book . J75 . . 1 . . . . . . . . Page , .235--236 . . . . . . . . . . . .. .. . . . . .. .... . . . . . 4. Location and Description of Property: 124 School St. , Agawam, 'MA House, Garage, Land 220' x approx. 2.2 acres 5. Describe the proposal in this submission. To divide said land formerly owned by Charles E. Holland, Jr. & E. Dorothy Holland into two parcels, Each lot to conform to the requirement of lot size under article III, Res, A-2 District. Said requirement under Sec.. 20-25 being no lot shall have a frontage: of less than one hundred and ten feet nor an area of less than fifteen thousand square feet. Attachments - original and 2 copies (minimum) of plan by Certified Registere Land Surveyor. Signature of owner . . . .L-4�. ... r �t TOWN OF AGAWAM MASSACNUSETTS YOWL 11ER1 IFFICE AGAWAM. MASS. f' BOARD OF APPEAL$is JUN 17 P It 51 ... a DECISION OF BOARD OF APPEALS U� Dale _ .1une I AO 19% Pelikion of, Maurice D. LePage _^ -- Premises affocwd , 106 Nortbunad Street raf4e_#864 Mr. Maurice D. 7eePage came before the Board of Appeals at a public hearing held on May 19,# 1976. The petitioner is seeking a variance to retain aLion-conforming fence per Section 20, Paragraph 6B, of the Zoning Ordinances. The Board members reviewed the evidence as presented at said public hearing and ob- servation of "on site" visits by each Board member arriving at the following facte, 1. The land is zoned Residence A-2. 2. This is a corner lot - Northwood Street and Granger Drive, 3. All members agreed this fence does not obstruct the view of drivers of motor vehicles and does not constitute a driving hazard, 4. Mr. LePage purchased his home in 1967 and erected this fence in 1%8. 5. He contacted the Building Department and was instructed to erect this fence and to stay within his boundary lines. 6. When Mr. LePage rebuilt this fence his rear lot line abutter was receptive to the stockade fence because it gave hiaeater privacy and requested that it not be painted. Mr. LePage obliged and the fence is in its natural wood state. 7. The LePagea . have two German Shepard dogs. These dogs stay within this six (6) foot fence but if this height were to be reduced to the required four (4) feet along the road, the dogs would easily jump over it. 8. To tie up a dog in your own fenced in yard is humiliating and a definite hardship. Also the constant movement of a leashed dog and his drsgging chain demolishes all green grass, shrubs, flovers, and on rairy days this chained up dog area turns into a muddy quagmire, This is very destructive and a tremendous hardship. 9. This six foot fence protects the shrubs, fruit tress, strawberry garden,# flowers and lawn furniture Lrom the great amount of vandalisim oecuring in this area. To be without this six (6) foot fence would be a great hard- ship because of replacement costs. 10. The LePage children and their friends play and enjoy the safety of a six foot (6) fenced in area. To lower the height to four (4) feet would cause the LePages mental anguish and constitute the greatest of hardship. -• � T011VN OF AGAl1VAN1 TOWNCLERKMASSACHUSETTS AGAWAM. MAOFFICP SS. s +� BOARD OF APPEALS PH 1 52 y� D MP DECISION OF BOARD OF APPEALS Date jww 169 1.926 Petition of Promises afFected ...,JQ6 Nort:hrr Case #864 Page 2 Therefore, based on the above facts, Hoard members Mr. Shaughnessy and Mr. Zerra voted to grant the variance as requested because: 1. Any relief granted the petitioner mould not be detrimental to the public good and the small footage involvedwould not derogate from the intent or purposes of the Zoning Ordinances, 2. An unsightly view would result if most of the fence remained at the six (6) foot height, and the non-conforming section reduced to the four (4) foot height. 3. The petitioner shall have recorded in the Hampden County Register of Deeds a "Notice of Variance" form furnished by the Board. This variance shall not become operative until the petitioner furnishf proof to the Building Inspector that such recording has taken place. Chairman Progulske votes to grant a conditional variance for one (1) year from date of this decision. It is clear in the chairs mind that a violation presently exists here and he could not grant permanent relief on the basis of a self imposed hard- ship. The chair is aware that the Planning Board is reviewing this partioulary Zoning Ordinance with a view to substantially changing its intent and purpose. ��/4j.7G BOA" OF APPLA15 KLMNG The following members attended the S: O PA, meeting: Theodore A. Progulekeo Chairman '!F John F. Sbaugh=Wj, i Vice bairman Jerry Zerrav Clerk e AO 2 h ce The petition cones before the Board seeking a variance to retain a non-confor"M fence per-Seotton 20 Raragraph 88 of the Zoning Ordinances. The chair opened the hearing by introducing the mmbsro and reading the ratiao of the public hearing. He than explained the procedure the bowing xM follow and called upon the petitioner to present his eases. Mr. h . LePage said now of the neighbors receiving legal notices of this object to this fence. Only one person objeaWj tbW all said the feasoe does bother anyone. Mr Progu2ske: "Are you clear in your mind wbq you are hwe tonight?" Mr. LePages "^fee,, I understand a corner lot has more restrictionp. than ordinu7 14s. A normal lot can we their entire back area," Mr. Shaughneassys " +rhea did you Lioven into the house?'" Mr. LePage= "In 1967,o Z erected the fence in 1968 and I put the fence thirty (30) feet in from the roan so ens to snot obstruct the view of the drivers, Mr. Shaughnessy; Oldrove by thine location and cheakad that this tome did nog obstruct the view." Mr. Progulake explained Chapter 40 A of the Zoning-fabling Act and the parwnters, within which the Board of Appeals has to work in. He suggested the present few 8e lowered the the legal 4 ft. height. Iir. Wages " We have a german shepard theat would vault tha- f# ft. fette but sty :fit the 6 ft.. too". We have Iced a lot of vandalism and I have planted maple trees on the tree belt for six years in a rcw, The D.P.W. is tired of planting treae that idM break every year. Since the new project was built we get a lotzs of wind dwmW be- came a lot of trees have boon reed and the wind forgo is great enouo to U a k windcs and knock down femes. i have planted so ffmit trees and hope UW will. surviwe." Mr. Progulake: "Who put the fence ins Did you build it yourself? Did you ire about tine Zonin41y. Ave in regard* to fencing?" Mr. LePage: "At the time I asked the Building Departawt in 1969 and we given no instruction except to o&Wq within zW hi.ne. They told me a the bowidry disttaw's and we did the same thing all aroused. We ales► checked with our nei hbws." Ted Progul ke: "Was this fence 6 ft. in height right fra n the beginnIM28 W. LePages"yes it was." fti MING Page: —2— W. Proguiske read a letter from the owner of 31 Ciranger Drive who obj granting the variance for this fence„ signed by David J• #e W"dred N.481M . Mr. Wages "Thee soffems have been giving us trouble beeawee we send tkame Their dog bit#: aW kid in the Maas and thegr have ne:t 'talked to us sine four er. five years ago. They complain about amthing we der. Thor eers the ewes S&O L j&. wised us to put the fence up because it gave these privacy." z Mr. Zerrat: hWhen did they ask you to put this fenee up?" Mr, Wage: "Abaut 2 or 3 years ago the old feaaae was damp and wet toad theca we were going to erect a stockade fence. ThW said, good,# it will giro es more privaays jmst don't stain the fence. he did not stairs it. We also kept Wo fence about 2 em lengths in irate the street so their newt of the owsws wss not obstructed. This variawo request was initiated by us at the r o*mt of the ,Building Inaspectosr.9 Mr. Sbaughwwsy: 'wThis is the atey tbing that bum M. Froa 1969 to 1976 no One complained. How wBAch fence does this amount to?" Mr. Lepage; =About 2 lenghbo, 10 - 12 feat. I've also p3 i fruit trees► exid 200 strabUwr7 pleats. If the f ene+e canes dam the kids w1U spaail Er Sudan. The feneae also keeps it dog in and j` children Have a basic r" Mr. Progulsks closed the meeting by advisiaag all parties enaerned tbat aga'aese agrieved by the Boards decision has 2a days in which to files an appeal. MeetinS adjourned at 9:00 P JL Respectfmlly s b■dtteed# Je Zerra Clerk minuted received — June 1j, 19% Minutes typed — June 2a 1976 Minutes to W. Cab& — �, !,;74 Decision received -- Decision typed — Deaision mailed Decision to Mr. Cabe - TOWN CLERK OFFICE ICAWNDIMAUAWAM. MASSACHUSETTS _ 1 1916 APR 29 el f Appeals No. ....4.Ste. ... Rafarti of Ap .1 ......... Irrt: ►�ass� Hearing•r/ 9. 7 ... .� . I P 0d TO BOARD:OtR 'APPEALS FOR VARIATION FROM THE REQUIREMENTS OF THE ZONING BYLAW Applicant: JQU �. ?� ....! ...'� / .� .... Address: �Q�...y �o� ....57................. Application is hereby made for a variation from the requirements of Section...�J�.:. ...... Paragraph.,�. ........... of the Zoning Ordinance. sll;6— Premises affected are (a) known as NUMBER ed .... ......Street; /yo;�,f d,. -(b) .014.24w,.feet distant from the corner of .. �ll?( .�..�........ .Street Description of Proposed Building E3dsting 1. Size of building-.....a. .......feet front: ..a......... ......feet deep. Height: .....4?...........stories: ....<n........... .feet. 2. Occupancy or Use: (of each floor) . .. /:.C?-/4�/......t .................................................. 3. Building Zone District: .. /9. .................... 4. Date of Erection: ....f�.l,�......................... 5. Has there been a previous appeal, under zoning, on these premises: .......elYC.?........................................ 6. Description of proposed w�o'rk or use- .... .................................... ....................................... ................../.(1......'..pr.!Q/! 2 ../ Q..5.<x . ...7.-:4 ..1,,............................. 7. The principal reasons upon which I.base my application are as follows: .:-;�0a.. .��0. 3�.�' . .. '-PQ. ........ �.5..... ...�.enq ......... .. e. .....SA -?lbjeX-I/. ...C/I .. .. ... 7... � ....f�✓..... ...... ... .... .. ..... er..7 e�.S.... ti�:�.e.... w... /!'77... ...................... . . ................. Signature of owner or his authonsed Agent Notice:—This application must be filled out in ink or typewritten. THIS SIDE TO BE FILLED OUT BY THE ASSESSOR'S OFFICE Following is a list of names and addresses of owners of the fee, of all property fronting on the same side of the street and which lies witbin 400 feet of each side of the land in gaestion irrespective of street intersections, and the owners of the 8 properties in front and in the rear of the land in question: Names: ................................................ Addresses: ............................................ ................................................ ............................................ ................................................ ............................................. ................................................ ............................... .............................................. ............................................. .............. ................................. ............................................. ................................................ ............................................. BQAIRB OF APPRA13 1UTIM September 20, 1972 The follmi,ng aembers `attended the 9:15 Meeting: T. A. Progulske, Chairman J. J. Juliano, Sr., Vice-Chairman J. P. McMahon,. Jr., Clerk A al of Frederic Leo -4 .Lots 39,40,6 65.66 M oreeland Stree The petitioner is seeking relief from Section 7, Paragraph G of the Zoning By-Laws to allow the: construction of two (2) single family resideamm on the premises Mown as eta 39, let], 63, 64v 65 and 66 Mooreland Street. x Nine (9) persons attended the seeting. s The Chairman first read the required legal notice, to which there were n6 oammente, then introduced the Board Members and finaUy explained the tort of the Board Xeetiaags.. , The petitioner, at the request of the Chairman, stated the appeal was being sough to combine six (6) loots into two (2) lots in order to build two (2) mingle family dwellings. he further stated by positioning the lot lines in a eerta n way the lots will avert frontages and rear size basically, although the area is anallur than the said By-law dictate. He noted that other lots in the general area were no larger or wrap m allerf 5 combination of lots does not circumvent said By-Lams. Ainally he asserted that if 'sariance. is not obtained he will suffer hardship, Single family residences will not be BUD , will be *rooted by nos. Member Juliano inquired the area of the lots. ' The answer was 7,9DD square feet. Member Juliano then requested petitlioner to show Board hoar homes would be posdti6vied. The petitioner showed on plan filed with petition haw one hose would face on Xocreland Street and the other facing diagonally on Fenton 'Street. ''=a The Chair inquired if the residences were to be ,apes. The answer was, Ranches. The petitioner then: mentioned haw the frontage bad be= figmred. � �s The Chair then stated that in 1952 the lots could have been x:Jdd4ed as two lots ~which was prior to enlargement of Zoning By-Laws. The Clerk inquired if the peti"oner awned the promises. The petitioner prrodmed a copy of the deed conveying the lots to his and Chairman aoesaptsd same for the records. r` Richard Coulter, 75 Hastings Street said that there should be no drainage problaim at the location. iThe Ch i.t-:•i :::ifs; -'ztkeets-mere severed. Mr. Coulter repliad no, septic tanks were used. 2 4 '7+dU OF AGAWAM, MASSACHUSETTS .� Board of Appeals AGA M 1T tiM Filed .......................... CLERK'S OFFICE Hearing ........ ... . ......... APPLICATION TO BOARD OF APPEALS FOR VARIATION FROM THE REQUIREMENTS OF THE ZONING BYLAW Applicant: ..J, DERTC.LEOPOLD...I........I..... Address- ... •�r• gIIIC?s3C�OCd Application is hereby made for a variation from the requirements of Section......7.......... Paragraph...'..Ek.G...... of the Zoning Ordinance. Premises affected are (a) known as NUMBER two ( 2) ad oining lots on MoQ land 5tree WiWaMW corner of ....Xej1t n...............street , Feeding Hills Description of Proposed Building 1. Size of building:......?.6.........feet front: ...4JO...... ......feet deep. Height: ...9X)4.... ...stories: ..... 2wk 2. Occupancy or Use: (of each floor) „S Z11g le fami�y. res di ce............................................. 3. Building Zone District: .Agri cultural....... 4. Date of Erection: ...imme dlat,a..................... 5. Has there been a previous appeal, under zoning, on these premises: ..No................................................ 6. Description of proposed work or use: „to• construct„ dw�ell3,ng.. ..e��s}a....... ... lot , said dwelling.to .be„of„WQPd.fr=e..construction................................... 4. The principal reasons upon which I base my application are as follows: . PrQ�ertA. was , purchased. W1th„the belief that two..(.2)„buiiding.A9t e,� s.P.„ isted „Pe oer.wishes..to..poa�r�t•�ut• that he has a_ 1 ....foot. frontage.,as..regui ed }, ax'agx'aph..G .for..each..lc�t..a d seeks a variance from the lot.,cover, g re wire . went. o. ..2.Q QAD..aquare..feet... To dent the etitioner!s,re a.result„ „a ,s.ulastanti.a]..harr3ship... .. on your petitioner. who seeks to„construc;t .a s ng1,e,..f. 1y,.houae..an..earh..l.ot. .Your .petitioner knows that„Vhf e ,i,S„nq„gther„USe.of..the.the..grope vtY.•eac�Ling. without a variance from the 3 of covera e re .. .... .. g Q�d� 'g4tB1 ....... ..................... Signature of owner or hi auth Agent Notice:This application must be filled out in ink or typewritten. THIS SIDE TO BE FILLED OUT BY THE ASSESSORS OFFICE Following is a list of names and addresses of owners of the fee, of all property fronting on the same side of the street and which lies within 400 feet of each side of the land in question irrespective of street intersections, and the owners of the 3 properties in front and in the rear of the land in question: Names: .................... Addresses: ........................................... .. ....... ......... ............................................ .................. . ........... ........................... 4 The following =wberas attaid ed the 700 P.M. Heetingi T, A. Ftvgujske, Chas rmn J. J. Juliano* Sr., Vice-chairman J. P. Sb;tiughn&uy: Acting Clerk A i2med CILEA- MI The hearing was opened by the Chairman: by introducing t1w Board and by reading the legal notice as pasted on April 26 and April 23s 1974. Mr. Letendre is seeking relief fra ia. Chapter 20, Article 2, Sian 20-17 met the Teem Ordieames to al.law the tonstruction of a two czar garage with low Haan the required side ,tat clearance grad =wds an elemen (11) foot Variance. Mr. Letendrs tookize on k" own behalf stated that he lives in a &a (6) tootm cape with an attached hreezvAq and one (1) car garage* and 3er irises to oonywt the breeseewiey and pit am (1) car gars p to a famUy ram and attach a anent two (2) ear gam. The family roam would also We a fireplace, Chairman PraQgulsko aWwd w#eryy he needed a two (2) aar game? Reply: We have two rare, am of which is outside all the time. We would haws to tear damn the existing garage because of our roof lime sad when wouldn't have access to the paopmed family room and in 401% this vould Incur -a financial hardship. The Chair read; at th request of the petitioner tbo 44" rega� Beside A-1 which concerns this +*. "On a corner lot no part of aaW bui.ldirag sbahl be erected sar allured so as to be less than thirty ( ) faeI,� from aW sUvA Use." Muriel B henr331agh, 92 Coronet Circle agitated that people with coarser lots am agal t Nnawa thW have to be thirty (30) f64 tram the streA. The Chair explaimed that this wm for safety to a13w for clear visMlfty. At this point them was ewh discueaa>si.an co a erring the purpose of Zoning By-Law which was not germain to the cars but did inform Uw pevpls in aeetteadame.. The petitioner aeaaked what was required of him to bavo tRe Board rule in hIs raver? 5haug asy read frok Chaptaer l"a, Station 15 the few (4) Aw4r tee to which the applicant or petitioner oat substantiate in order to bay* a rarlance approved. It was also explained that failure to eatia& an7aw of tbam detracts the appeal. The following present are in favor: Robwt Rindel,lsq 40 C;wonet Circle Murirel. Hugh, 92 Comsat Girel,e Robert Urta lkjp 13 Coronet Circle Loris *onachosis, A3 Gaarac " Circle Shirley' D'Aww"S 31 Corot Circle Thmst nest nr*aarrt but whn m*%rrt bitter in mirmwrt sgro W— 4 Ws_ R. E. P4s ne. s. �t J 4 P* t•` • fir. tiT�_ Page 2. 95 "ramt Circle, Willim Farwello 53 Garonot Gireieo fir. kroo Wftst, 69 coronet Cirals. Tkore w"** no 1 tters Ja eppositioa or pereogm in attauhme who we nt I favor of tho app"I, #r, latead" dooUried mk.A a olooing stataeeot " I fOU all had bOM said. ?ho Cbair brWedt tim pet=owr of the rim ropv&JAg tba Bout' s dwM4am. aariag Adjow=d at a3 30 P.M. .aapmtfully subodU ed,, John P. s s Aakift Qwk RiwAss rewived. xv s;* 1974 ♦t#kom- May 9p 1974 V XrF Owision aee+dvsd is DesUiou &dImd,%VU4mvd ULU— iaic a to fir. bra• Y '74 F AG-',*Ai�i C! FRKIR 0;:Pl(%F a _ , w t� v t ' 0 p si T , fN too N0 � � A �. rn In o ca r cn 0 ma A ot i} n 3> rn :F V RA r r F ycrTLI ••s low ir . r 74 OWN OF AGAWAM, MASSACHUSMS Board of Appeals 1' rli ATfD MP 3: _ No. ............................ F41ed ...... TOYYi`,i Lip" : ' Hearing ...................... APPLICATION TO BOARD OF APPEALS FOR VARIATION FROM THE REQUIREMENTS OF THE ZONING BYLAW Applicant: ........Bj r b=d.,A,.Leteudm.............. Address: 5J6.GQr=et.Ca.rcle.,..F d.it> ,.HiXla'.MaL. Application is hereby made for a variation from the requirements .............. pAr"MOV&................. of the Zoning Ordinance. Premises affected are (a) known as NUMBER 56.QQr.Qm?t..Street. ....(b) ......ag!�, ..feet distant from the corner of ....... ...M$ylWa.........Street Description of Proposed Building 1. Size of building:.......21........feet front: 941.. ......feet deep. Height: .........J........stories. ......1.62....... .feet. 2. Occupancy or Use: (of each floor) ......T WO.car.gal;'Age........................................................... 3. Building Zone District: .. .! ........ .... 4. Date of Erection: ....��6�........ ............ 5. Has there been a previous appeal, under zoning, on these premises: ........49.......................................... 6. Description of proposed work or use: ..AdditiATl.Af. tvR.ca.r.gar8ga............................................ 7. The princ paI reasons upon which I lase my application are as follows: ., AddUtkc ,_off;,a,two,GBx,gvme ,�A... another way would impose.a financial hardship on me because it would require extensive.. alteration of the existing garage and breezeway in order to make the proposed structure .. compatible with the existing structure., 1 will need a side yard variance. .... ........................ ...............................................I..... ..... ..................... .......... •.4 .• • ....... .... ......................................... ................ . ..............• ..... n OR 31974 10, 40 Ihawam Bd.of Appeals ...... .. ��. ..... A*,''.Wasn,Mass. � Signature of owner s authorized Agent \� Notice:—This application must be tilled out in ink or typewritten. THIS SIDE TO BE FILLED OUT BY THE ASSESSORS OFFICE Following is a list of names aad addresses of owners of the fee, of all property fronting on the same side of the street and which lies within 400 feet of each side of the land in question irrespective of street intersections, and the owners of the 8 properties in front and in the rear of the land in question: Names. ................................................ Addresses: ...... .......................... ................................................ ............................I................ ................................................ ........... .................................. .............. ......I........................ ............................................. ............................................. ............... .......I........................ ............................I................ #1052 4 �oF a Light 41 TOWN 4F AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 pATF�M�' Tel. 413-786-0400 March 20, 1974 Mr. Edward Caba Town Clerk Agawam, Mass. Re; Light #1052 Dear Mr. Caba= The Planning Board signed plans for the above Form A on March 19, 1974, for property located on North West and North Westfield Streets. Very truly yours, Chairman g/l r FORMA APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File one completed form with the Planning Board and one copy with the Town Clerl of nN$`,tivith the requirements of Section II-B. i 4-. Agawam, Mass. �J.�. . $. . . . . . ... 19 7. To the Planning Board: The undersigned, believing thdt i—he`a4bompa aging plan of his property in the. Town of Agawam does not constitute a subdlvisfbn;-,*ithin..0:e<m-caning of the Subdivision Control La-w, herewith submits ,said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. �- 1. Name of Applicant . 4 Y.0.F . . . ..�. . . . . .. . . . . . . . . I .. . . .. .. ... ... . . Address . ... . . . f;rr.!�.T. F W . ..!,TT 2. Name of Engineer.or Surveyor . '�'�.� T'H. . .fiLl_ N `�r,� .'.. . . ..... . . . . Address _ . .0. .Z. . . .R! T T. 3. Deed of.+property recorded in . ��.f-\YnQ.r) N .. . . .(.�C�.L9 O�.I.I)I.. . . . . ... . . . .. ._. . . . Registry, Book . . . . . .... Page . . . . . .. ko . . . . . . ..... ....... ... .. . . . ... .... .. . . 4. Location and Description of Property: Z�,.,idA✓J JU EY .�is �i✓dam /�ri✓ fJ l�/G- ,l�L�Jr1 eta/ G1�i 57'fe'G l S�,dJ Qr Ieo.1/ 691AI, �r"1�G 11 >'//,IVIIAAII- /V °- b`4 6 W /7 Sr Dim 2,,9 Z, 56 ' fir. Ae W N /4aU Xl- Z11= j570/2.`/,o-.e � 'Ti-1 �f Firl p S'1 -Alt,r �2 I✓i,�� 91a 2v �G�- �f� �T � �/�I ��2o r� ��tJ i�� :,vr� �'F �. S1� lr3cr� �� ► �rG rf 7-�;A Ah IVt, it))\)) N C, S j ` l2 - Z o 14/ 1A , .D� T. D .f 7d- 1?A1 ,�12o v P Al - ,dg r 3c3b l; PH C, i�3Lr f r-> (�. ps L-(s oL L��J ��► r�, r �c �] U'P� STD v r-L N S -S 72-2cl - 2 ") r vst C, rZ 3A - -63t=T ` -o PL G1Z c5F 9146-1IVN1u(, 3 , 2 G Signature of owner. . . . . Address y. • • � ' �+ � �.�.�-4Q Q�, S �4� tr' �� __�3 �,�.�� ll _ �jCJ- I.1� � N r;r.;-�'� �� 4 � TOWN OF LONWADOW . TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 DP� Planning Board Dates Sept. 5, 1974 s Mr. Edward Caba Town Clerk Agawan, Mass. .Re: Fom A Town of Lt�r gme p°plicant Dear Mr. Caba: The Planning Board endorsed on , plans submitted byTown of Longmeadow , Subdivision Control Not Required, for property located on River Road and School Street Very truly yours, 6 .'74 PS M T� ]FORMA i Town of Longmeadow APPLICATION FOR ENDORSEMENT BELIEVED NOT TO REQUIRE APPROVAL File one completed form with the Planning Board and one copy with the Town Clerk in accordance with the requirements of Seetion II=B. Agawam, Mass. September 4, .. 19 74 .. To The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law; herewith submits said plan for a determination and endorsement that Planning Board approval under the Su"vision Control Law is not required. 1. Name of AppEcant . . .Town of Longmeadow . . . ..... . . . Address Williams tr Seet, on e Lgmadow, a Masschusetts 01106. .... . . . 2. Name of Engineer or Surveyor Edward,J. Bayon, Tighe & Bond, Consulting Engineers . .. . ... .. ,. , .. Address Bowers and. Pequot.Streets, Ho1}roke3.Mass:.01040 ..... 3. Deed of aroperty recorded in . Hampden County.. . . . . .. . .. . . . . . . .. . . . . .... . . . . . . .. . . Registry, Book . 43b1. . . . ... . . .. Page Page 385 (for Parcel #10) . 4. Location and Description of Property: A sewer easement for the construction and maintenance at the proposed Longmeadow sewage force main is requited across three (3) parcels of .land identified as Parcels No. 8, 9, and 10 on a plan entitled: "Easement Plan of Land in Agawam Longmeadow Sewage Force Main Town of Longmeadow, Mass. Tighe & Bond, Consulting Engineers Holyoke, Mass. Scale 1" = 40' Date: July, 1974 Sheet 4 of 411 Parcel No. 8 is a thirty (30) foot easement across land owned by the inhabitants of Hampden County, located between River Road the The Connecticut River approximately five hundred and twenty (520) feet South of the intersection at School Street and River Road in Agawam, Massachusetts. Parcel No. 9 is a thirty (30) foot easement that extends across land owned by Benjamin Deliso located between River Road and School Street in Agawam, Massachusetts. Parcel No. 10 is a sewer easement that extends across a parcel of land owned by the inhabitants of Hampden County, on School St. approximately seven hundred and eighty (780) feet West of the intersection of School St. and River Road in AAd Mass hu etts. Signature of owner . Longmeadow To Address . Williams Street, Longmeadow, .. Mass. 01106 PLANNING BOARD AGAWAM, MASSAGHUSETTS 1 �Mp March 20, 1973 Mr. Edward Cana Town Clerk Agawam, Mass. Re: Lowell Form A 979 Dear Mr. Caba: The Planning Board signed p;ans for the above Form A for property located on Gunn Geary Lane on. "larch 19, 1973. Very truly yours, c/1 Charles Calabrese, Chairman n P'- y�Y d� ' CLERK'S C)PPI(II ,. FORMAL 1 APPLICATION FOR ENDORSEMENT OF FLAN BELIEVED NOT TO REQUIRE APPROVAL File one completed form with the Planning Board and one copy with the Town Clerk iu,vI r e ith the requirements of Section If-B. Agawam; Mass. ."WC71-1 . .., 19., . To the Planning Board: ',{►1«'` h i Plan his property in t+h The undersigned, bel e t c p of pop y e z' does not constitute a subdivision wx the. Subdivision Control Law, h ith said plan for a determination and nntng Board approval under the Sub ion C6 , Law is not required. --� !•^ 1. Name of Applicant . Ian: . . ....�J.G. ..CL... . ... . . . . . .. . . . . . .. ......... .�, . Address ,: 7 . .4:' g dWAI. .. . 2. Name of Fingineer or Surveyor ✓ . ' :: •. ,�,ls�lr .. . . . , . Address .-:��-- - - - . .... . . ..... $. Deed of property recorded in . „� 'l�l-ilk. . . . ?t, i! Y. ... . .. ..... . . . . . . . . . Begistary, Book �-.. . . . . .. Page . . . . . . .�.1. . 4. Location and Description of Property: �J`�� //� �rE�.Z� G�i✓� e--"A1 c/i,A I Z - T �9.f/ l/? yam✓ loev-iJj xjz /Z' W� �1✓J `��Ji��//�- S C510 - SO -BCD lam/ Zr'q�,�� pi�� J > �•�� iG* S o c� l� '�� s r �1s�� /� G�� a•ate nl G- if J�7 vL'NIJ� �La,V� A/ 11C3 4 G• �j find /�o��ov��G. AJ/ JAG h A 10 ! J`fj/y7 �t , ' / .L�-D J vG— v�25,� 8- Sa 4- 1-7 �//,�'�' D'� ��,�1✓J C�'�J2� Alcr.)IJA- `;�bc lld-12jJ� Signature of owner . . .. Address . .f. ...!-J'.Lf h h- [�c°R�,yj ..L1 YtP.. . . . Aemw.4ui. I�iAsS G�GuI TOWN G AGAWA i� 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 ��► �.�� Tel. 413-786-0400 LUCIA, RALPH �D MP January 4, 1979 Planning Board Mr. Edward Caba, Town Clerk 36 Main Street Re: Form A Agawam, MA 01001 #1326 Dear Mr. Caba: At a duly called meeting of the Agawam Planning Board held on Thursday, January 49 1979, the Board voted FO to approve "Subdivision Control Not Required", plan of 3.084 acres to be conveyed by Joseph Drewnowski to Raymond Lucia. Plan drawn by Rauchle Associates, R.L.S. , P.O. Box 327, Westfield, Mass. , dated: November 1, 1978. This land not to be used as a building lot as defined under the Subdivision Control Law. Existing dirt road shall be discontinued to use and rerouted as shown and designated as a 121 wide right of way bei4g reserved by Joseph Drewnowski. Very truly yours: U-� AGAWAM PLANNING BOARD �v RRH/dg cc: Petitioner Assessors TOWN OF AGrAT/AN1 MASSACHUSETTS u BOARD OF APPEALS DECISION OF BOARD OF APPiiUS Dam Pa�sio• of__ Ral�ah_A... __ .�____�_.._�_._._....�. _.., Promises dise 1 7.9 lk=idSt-------� Ralph A. Lucia came before the Board of Appeals at a public hearing head on Wednesday, August 30, 1978 at 7s30 P.M. seeking relief from Section 20, Paragraph 21 (1) of the Zoning Comes to allow the storage of business equipment on the promises known as 79 Howard Street. The Board reviewed the facts presented at this public hearing and the observation of the premises and equipment by the Board members* allowed the Board to conclude the followings . I. The entire area surrounding the premises has been zoned Residential A2 aims 0atober 119 19$09 and as revised in 1960, and to this date, has remained consistently Residential A2, 2. Petitioner built his home in 1970 and his garage in 1973. 3, Building Inspector testified that the issuance of any building permit in all residential zoned areas is customarily, and incidenti.al to the principal use of the premises, that is to say "Re*sidential". Following are excerpts from A2 zoning regulations: Residential A2 zonod areas are for a one family detached dwelling for cute housekeeping = t only. The studios or:offices of dancing or music teachers, dh pbbtographers, masseurs, veterinariana, riding schools, ` and other similar businneeslike is are hibited. �_ux Accessory a uses c ma al to 0 any use permitted in this section; provided that such accessory use shall not include any actiyit conducted for gaine Private garages; provided that no usinesa, service or Ln industry is conducted therefrom or MR5. Not more than or* motor veR Ice for eicE Five thousand -� squares feet of lot area or fraction thereof nor more then five motor vehicles? not more than one of MBS may unre re , s 11 in any case be kept on the premises. „Dnucue such vehicle may �.a commercial vehicle and Of not M than t a�ee quarter ton weight of capacity. Space for meotorevehicles shall not be leased or rented for commercial vehicles, No commercialvehicle shall be paned on a lot in the open. These space N TOWN OF AGAWAM MASSACHUSr-.TTS BOARD OF APPEALSco DECISION OF BOARD OF APPiAU rn,a Q M zx = c, a:p can paw Sept. 14, 1 PNilio� e# Ralph 1, Lwia Premisal ai#acls/ 2 Howwrd j .L,�,..�. Page 2 regulations shall apply to vehicles regularly left on the lot, whether housed or in the open. Accessory buildings or structures including private gages shall not oweed seventeen feet in height for a one story building. A one and one half story accessory, building shall not exceed twenty—five feet in height. The Board notes that the authority granted by General Laws, Chapter 40A, Sections 1 to 22 inclusive. known and designated as the Zoning Ordinances of the Town of Agawam, the purpose of which is to lessen congestion in the street, to secure safety frcm fire pwde and other danger, to :prevent the overcrowding of land, to facilitate the adequate provision of transportation, and to promote the health, safety, convenience and welfare of its inhabitants. The Board further notes that the construction equip2ant, building materials* and cosasasaercial vehicles ingressing and egressing frow the location, 79 Howard Street, aro .detrntal to the health, safety and general welfare of the inhabitants of the A2 residential area, The conducting of any business therefrom or therein in %sidentiasl Boned A2 areas, except that which is axpressly aallmel, .is; n—ltio101tsd* The Board further notes that the storage of building materials such as .timaeras, steel in any forma, concrete blocks, bricks, staging, ladders and ar*r other. construction material. not incidental to the principal use of this residential area, is prohibited, The Board maw concludes that hardship is not proven and that it was self imposed, The granting of this variance or requested relief would in the Board's view substantially derogate from the intent and purpown of the Zoning Ordinances, Therefore$ based on the statement of facts, and with the poorer vested in this Hoard of Appeals, in and for the Town of Agawam, Massachusetts, we do vote,=- animously to dmw the requested relief. The petitioner shall abate the violation forthwith,,'atad is granted sixty (60) days from the date of receipt of this denial notice to remove all vehicles, TOWN OF AGAWAM MASSACHUSrTfS BOARD OF APPEALS a Ma vECISiON OF BOARD OF APPSM Sept.Ode 31L- M NOU9R of Ral�h�' A. Lucia Premium agog&W 74 ii=rd St:___._.�� COR-a Awl . Pap3 equipment and construction materi is not Incidential to the principal use of the residence. y: 9/J/7 V CD rn _ r The fellaw ng sabers attended he 7:30 P.g. acting: Theodore A. Progulske, Chairman John Juliano, Vie*. Chairman , . --f. Jerry Zerre, Cla'ric m #Mel of Raht A Iamia 22 Howard §treat TV �. The petitioner comes before tlae Hoard seeking relief from Section 2.0e P"404h 21 (1) of the Zoning Oridiasnces to allow the star%p of bnoinees Kdpw* ql premiem kn mi as 79 Howard Street. -- -; The ftair -opened the bears by itrodwing the members e9 reading the of the Public hearing. He than explaired they procedure tine: hearing will IbUm and.called, irp,= the petitioner to pressit bis case, Attorney Joseph D. Rosenbloom, representing Mr. Lnaias "rho r*al Oww". � #� the dead end of Howard Street, and there can be no farrtber bps because tt: ' is owned by W.M.F.CO., and has a high voltage transmission line on the proporty. T,he Lucia l s"have been there acoe eleven or twelve 3vars• They have stored their egtxipnt the" for sl#ven or twelve years and there have been no eaw plaints for the ele,"m or twelves years about what they did. DuriW the Past fear months* unarm.have been compl a s." Mr. Rosenbl,oam started to bring into the case the recent diftree of imla and ite rwitice-41iors. Mr. Prog►il-eke-a "Mr,r. bloom, pleasa, the divorce matter is not gerymiaine to tbia case, a-iO I will not allow it," tir. R oembloom t "I would ask only one favor of this Pmm+d. 'That when arybot-, gets nap here tonight to speak against it, ask them if they are 3n fact related, to the f Qr mar. Mary Ceceerini. It mould be a very substantial hardship for Mr. Lucia to move all hint egnipneft. To obtains adequato Facilities to store bis equipment and to protect thm from vandalism would coat at least three to four hid dollars in mat per month. To deny the Laclalls the tone,of their Property after they have been there for 10 to 12 years would in my estimation-indeed create a very subs wAial harfthip." Mr. ZAwra: "Wheat you first built your rye and you got yow permit for your garage, what mw the permit for?* Mr. LudAt "3torage." Mr. Prt N ulske read the storage permit (#3 5-73, February 20, 1973) - it AWLed "permit to construct a garage storage building at 79 ward Street, Aganaa,. hero.* Mr. Coate t. as the Building. Inspector, would you enl'lghten the Board at, this paint in time, .the situation as you see it ae.ate enforcIM officer -for the Town of Adam. Mr. Cones *AzW permit issued from our offiee that Were to a garage and storms is issaed incident and customary to the us"R. It is for this of a . single family Wig, and not for basins purposes. ,_The ale area of d RD _Page 2 Street and George Street are caned Residential A2,, Durig August or Septsaber of 19", I received some complaints from neighbors 34 the �iraa eg xr� Ontadz g wtorep ,of cl�rcial vehigloi on the p wminae�. I-� to r* -kbout _ the emplalats. . G:. JUOU7 19th of 19789 I sent a lettr to 71 Howard SU"t in r fereatrmet to the zoning violatim, acid asking tbe. property comm to eowp3jr Vab:than wing sq. Later an it was bro&t U ow attes*ti ca thwt 71 Haard Street was not the Legal address,, so we OOwPwA*d the male to correct the legality of the formal notice. By this time the citizens of area had fed an official eamplaimt, so in April we. took ft, Ifcia .to Court to 3wm o sonIM by-lags enforced„ On May the 2ad the 400101 itd: ryas heEard.In 3 .striet Court. The Cleft of Courts at that tie- took it uap rs t1w auLhorfty of Ibe does to slyer mr, Incia to come before the Board of A� and the Una allowed by the 'court was not before July UrL.0 because of'thsusW esvibliw act that sae being brought in our legislative bxUWh Kr, ftv9diskes WdImn VW% these houeee built?" Mr, Lacias "71 Howard Street was built in 1966 aM the other in 197d4,* Nr, Proodilm OThe, garage aao bmdlt in: 1973 - the Board of Agape the use of Uds land now in question has bean is effect for ale since 19 1970-1" Mr. Zerra Xr., Chairman w=Id you please read the allowed uses In Resicb e A2 Mr. Juliano '"Mould Mr, Lucia please tell they Board what equipment he am has there."' Fr. Luc as *A trailer (lorbed), dwwr, truck crane, bucket loader, bahckhm and two pickup trucks.." Mr, Progvlsles "What are the vmight of the pickup tr f Mr. Lucian ton capacity each." Jordan Paddocks "I live at 205 R*h Street, and am in favor of grantJjg the variance. Mr, Kichael Deia ccht of 95 Spencer Streets .rl repeeeesat my mother and brother, the a 0acent lad to the rear of 71 and 79 Hward Street, i will star bg saying that any hardship that the Lucia's>: c2alm, has be wolf inf"licts&. Hardships are the neighbors around and the residence in that area. Haardkhip is the playing of children in the street when these pieces of equipment pass. The Inela is use Spencer Street, Howard Street a Oak Bill and ugh Street. They use all these streets to carry this heavy equipment* KW tines in the past the crww boon has brokers tee lines and electrical lfwr and is casnvaieneed the residence of the area. How about the hardship ubm three pieess of equip- ment aba:keo ro-1, pound aced puimiath our streets, which +here not built to trassspwt -such heavy equipment. StartizW in Sepkwber when sasrly in -the morning or 1 the afternoon when t lw equipment its moved, there „re chil.&v4 in the stream became we have no slAwtalks in that areal and the dhildren mast walk in tbae' street. How about the hardship to the peoplo who have been living tlwss r t�s times longer then the Loci a+s, The eguipm�i has been.added to p1me b. per+ 4tg319 DOfiRD OF AFMI S K A 30 19" - � 3 — It*e Ulm wtatchiM a crdraa being co matted, and you jmt lot It go, and thou 811 of a sa&jm had evnowgh, and you have got to do sameetb:h* about it,► When a criers is committed end you report it, no matter haw long it has been$ - thing omt be done for record, Mr, Conte has told you tMa thing has gone to carat. It's a violation, and it+s that old adage that wbon one guy gets his toot In the decor, ghat happens than? Another neighbor wants to dry this= Weser o �v .C to baring another piece of eaquipnt, he says ter. Lucia and hU am have done W, wkv can't we do it? This is an A2 residential section. It's a section which every person that lives in that area: has wor c5d hard to live -in in an where we don't have to worry abomt those pieces of equipment. If we wtan"d teib live in an area where: there was equipment, we would have lived them The A zoning Lawns are to protect the residents and the children. . ,1 belie" tlwt e� fy man in business has to be able tts fLiM a place to hover his buf"" ante 10t Zo smack in the middle of as A2 sonad residential. I can not belivre them is o any hardship, and I believe all my neighbors will attest with nee that there 16 not am hardship. The hardship is an the people and restdefte arcund.thstt area, We Have to protect ourselves'0 We: have to ,wrote ct our chi.l.dz*n. ' We have to protect our streets and our section. We in the Oak Hill# .Spenaers, Howard, Georfm and High Street area are asking just ow- tMxK the Turn'of Agawam. We ask that the lam that they set forth will plasm be enforced by the enforcing officer.". .Mr. Ram Ceccarini of 51 Howard Streets "Fram my window I sews beams* lvmber, bricks, dump trucks, and it looks like a Junk yard." Mr. Henry Daglio of 48 Howard Street: "I'm against granting the variaws * Mr, Albert Cacea3rini of 43 Harvard Street: "Our street use to be a dint road, and net it*a getting to be better with some paving. I remember when Mr. India lived dwn an Goolay Street. Her never brought his eaqudpment home there. He we to keep his equipment on Silver Street. This equipment is dangermse to the road srid to the children. lot his baring-his equipmwit back up Silver Street, I•m agei of it." Kr, Michael Alv&m of 37 Howard Street: "I'm agairwst it." Mr. fteeublooms "I want to say that it mould be an economic hardship t* aroma n this equipment, and I want to ask why after ton years of use as described to, was now hear complaints," Mr. PrdS Makes "ire was this equipment stared prior to ten years agovwl. Kr, Lvelae. "Lin 311veear Street." Mr, P'rogulsket "fir. Lasri a, you have been Living In this tom most of your life. Its *ure you are aware of the soning by lmms and the different claamiftotions of soning for the good of the inhabitants of the town. I find it diili cetr to believe that yew *were not aware of the restrictions written in the A2 scoing that really did not in aW wrap't shape or mat r allow you to use tbis property for that purpose." jig BUM of APPRALs M I I — Pap 4 — Mr. LWias "Actuallye all I dig. +gas to get a permit tio. bid id .a home. I found out in 1974 about the allowed vass." 14r. PRagulskes Othen what yoe am so-bug in that .2974 you ham beea aXa" of a vivlati on by you in the we of this lend in the. ftm. of comercial vehicles and equipmeot." _ Mr. R.oasenblows "I believe my client was not ev*are of the alleged violatInw " Meeting adjourned at W5 P.M, Respectfully submitted, Jerry lork :x Mite"s recsiveds Sept. g', 19T$ Minuteis typedt Sept, 12, 1978 Minutes to Mr. Caba: Decisim received: Decision type& AWisim to SFr. Debar Decision ma.iwS e-� b y` "..TOWN OF AGAWAM, MASSACHUSMS Board of App"Is AUG T 1978 ► 9 1+8�' /ygawam No. .....Amok Abw ,,�. ... [,..;. 8d Filed 0� Hearing ................. ...., APPLICATION TO BOARD OF APPEALS FOR VARIATION FROM THE REQUIREMENTS OF THE ZONOO BYLAW Applicant: ..J jph.A..Lucia .. .. .. .. Address: ..,7 9 Howard Street, Agawam,. Mal ; . .. .. ....... ..... ...... .. ... Application is hereby made for a variation from the requirements of Section..�0-21 ....... P"Vw&................. of the Zoning Ordinance. Premises affected are (a kn 79 ,Howard ,. ........................ ? as NU1gHER .Street; (b? &tant from the corner of .............................Str+eet Description of wed building 1, Sise of building:..................feet front: ..... .feet deep. Height: ..................stories. ... .... .feet. L0a upn»cy or Use: (of each floor) ..... ....I..... ................................ ........... ......r....4...... 8. wilding Zone District: ............. ........ 0. Date of Eraction. .....................................,. 5. Has there been a previous appeal, under zoning, on these premises: ......... .............................. d. Nscription of proposed work or out ..VAID.MY.) ........................... .., ...................... ,:.......,...........•.•...,....... ,. ....... .......... ................ .............r..,. ......... ..,a..• .... .......,:a r:.,.+�r•rai►:,.' - .,. . ...............................................•.... ..... .. .....................e:.....a,.,. .•�............... . ....•.......•....•............................... ........ .,a•.•.•,..„a+... .i,•a••.♦�.,..A s' 7. The principal reasons upon which 1 base soy application are as follows: .YA.AQ.AYA.M.A*. .and.bane.he n. ,for..sA�A .Y � •,.,In,th#.s Particular case. we ,fuel the ................ .... .... ................. ....,.. by:IOWA.M.99.rA09ilgt k:1(9r... ..... ........... ........... ........ ........... ....... ........ ... ............. ..... ..• ...........,............... .T.....• . ,.......... .... .. ...... ................a ............. .........• .......•..........•,.1..... .,.....•.....r...... •.w..,.., .. . ........./.....�(........ ......•, .....J�....�.................. ..........•......... ...... .............•..............,,,,- •..... .�J �V �.1 ..��.►Kl •v4V..a.................•..••..•..•a•,............•...•.....,a..i,..aa. .....rl..s..•H, .....• ....•.t 11�. .. H75 .l... ....... .•..........•.•..................• ... .....•.a r. ,,.,..s•i.•a......,..1}.• t 0 of eT I&sutiwr(W ApiA Notice:—This application must be filled out in ink or typsrWlt % 4 L a L (TO PLAINTIFF'S ATTORNEY: PLEASE CIRCLE TYPE OF ACTION INVOLVED:— TORT — MOTOR VEHICLE TORT — CONTRACT — EQUITABLE RELIEF— OTHER.) DICIAL REVIEW 0 !I HAMPDEN ,&s. SUPERIOR COURT CIVIL ACTION No. 78-1314 �A A• . ...�_�, Plaintiff(&) 0 � v. SUMMONS JERRY L. ZERRA THEODORE A. Aanimm AND RON LA RIVIERE 1AE14BERS OF THE BOARD OF APPEALS, TOWN OF AdAWAM, MASSACHUSETTS , Defendants To the above-named Defendant$ cYou are hereby summoned and required to serve upon 1axepkxBxzRaxaxbfvBm Joseph D. Rosenbloom 1atsiff's tt mey,nose address 1214 Main Street, Springfield, Ma . o o ( es re, a, is .- , an answer to the complaint which is q herewith served upon you, within 20 days after service of this summons upon you, d exclusive of the day of service.>E� clxdo �jsir � aaltett you wire, Y may Nagai psi m�ie xh sm I I hex ainatx xar; xa�ui tat (kite your answer to the complaint in the office of the Clerk of this court at Springfield either before service upon plaintiff's attorney or within a reasonable time thereafter. o C a IUnless otherwise provided by Rule 13(a), your answer must state as a counterclaim n 0 any claim which you may have against the plaintiff which arises out of the transaction or s occurrence that is the subject matter of the plaintiff's claim or you will thereafter be ► a barred from makin such cl�l'�i any99tthher ctq�. JOI� H. Mr:AGI�R, 5ENI0 �%TICE OF THE SUPERIOR COURT, A Witness, WXMX3K XIENN921at Springfield the 28th day Wd of September in the year of our Lord one thousand nine hundred and Wseventy, eight _ w W � � NOTES. Ckrk 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. 2. When more than one defendant is involved, the names of all defendants should appear in the caption. If a separate summons is used for each defendant, each should be addressed to the particular defendant. CCMMONWFALTH OF MASSACHUSETTS Hampden, ss . Superior Court RALPH A. LUCIA, Plaintiff } ) vs . ) COMPLAINT JERRY L. ZERRA, THEODORE A. PROGULSKE, ) JOHN JULIANO, RICHARD MERCHANT and ) RONALD LA RIVIERE, MEMBERS OF THE BOARD ) OF APPEAIS , TOWN OF AGAWAM, MASSACHUSETTS, ) Defendants) 1. The plaintiff is a resident of the Town of Agawam, Hampden County, Massachusetts , residing at 79 Howard Street in said Town. 2. The defendants are members of the Board of Appeals of said Town of Agawam, and reside as follows: Jerry L. Zerra , 300 Main Street , Agawam, Massachusetts Theodore A . Progulske , 88 Ra%�^cnd Circle, Agawam, Massachusetts Jahn Julian,, 232 Meadow Street , Agawam, Massachusetts Richard Merchant , 303 School Street , Agawam, Massachusetts k Ronald LaRiviere, 79 Bradford Drive, Feeding Hills, Massachusetts I 3 . The plaintiff says that on or about August 7 , 1978, he made application to the defendants in their capacity as the Board of Appeals for a variation frcn- the requirements of the zoning by-laws known and designated as Article III , Sections 20-21 (1) of the zoning ordinances of the Town of Agawam. A copy of said application for variance is attached hereto and marked "A". G. That there was a hearing on t'ze plaintiff's application on August 30, 1978. 5 . That by a Derision dated September 14 , 1978 and filed in the office of the Town Clerk , Agawam, Massachusetts , on September 18, 1978, the defendants denied the plaintiff's application for a variance. 1 6. The plaintiff further states that the defendants did not take into consideration the length of time that the plaintiff had stored certain vehicles on his property and further, the Board 's decision was clearly against the weight of the evidence in arriving at its findings, to wit, LAW OFFKIES OF j that the construction equipment, bL:i ldini; materials and commercial vehi- ow►r�o"g�nasmr�oo� � cles ingress_ng and egressing from ch.is location, 79 Howard Street, are „L"iN S' -CO# STATE I; 6MMNG1?:L,0 4"As 411*3 �S 1? i� detrimental to the health, safety, and general welfare of the inhabi- tants of the A-2 residential area; that -such findings on the part of the Board were plainly wrong. 7 . The Board was also plainly wrong in concluding "that hardship is not proven" as the only evidence presented before the hearing indicated that, in fact, a hardship did exist as the application for variance was not granted . 8. The Decision of the Board, a copy (certified) of which is hereto attached and marked "B", exceeds the authority of the Board. 9. The plaintiff demands a trial by jury. WHEREFORE, the plaintiff demands that the Decision be annulled, and the application of the plaintiff for a variation of the above-stated zoning ordinance be granted by this Court. THE PLAINTIFF, B EPii . ROSENOLOOM His Attorney 1214 Main Street Springfield, Massachusetts 01103 S739-9696 (413) ,i LAW CWFV_FS OF ORAYWIM d PADS924GLDOM f21A N^uh ST- GOR STATE W.RUI.GnF� u-MASS Oe l41 S TEL[p.iUME Et 1 jl 710-0606 i �� f TOWN OF AGAWAM. MASSACHUSE"S V% Board of App*A w -1. ? / APPLICATION TO BOARD OF APPEALS FOR VARIATION FROM THE REQUIREMENTS OF D ZONN S V"W Applkant: ...Ralph.A..Lucia ...79.Howard Street, A !iwt , Ma. ................................. Address: .... .,.....•............ Application 1s hereby made for a variation from the requirements of Section..?a.2!........ pe►raQapb..a C9......... of the Zoning Ordinance. Premises affected are (a) known as NUHBES7� ,Howar�.....Street ..................... (b) R..... ..•...... distant from the corner of .............................Street Description of Proposed Handing Existing 1. Size of building:..................feet fmnt: ............ ......fest damp. Height: ..................stories: ................. .feet- 2 Occupancy or Use: (at each floor) ...... ...... ........ ...................•.................•........... +..•••.••..a 8. Building Zone District. ................................ t. Date of Exaction: .................................,a.... b. Has there bees s previous appeal, ender sorting, on these prelakLm: ......................................... e. Description of proposed work or use: ..VA.C.F1Y.X0PX.Y.4T:4.rg1r.AAV090.14V.JQY .014�i.hUB I B.�GSW i •• ................................................................ ......................................................... ............................... .. ............................................................0.............. f.•. ............... .................• ..... .................... . ...................• •..........6.0........•••.•..••,.„.} 1 ............................... . ............... ............................•.................0..............••...•,.., 7. The principal reasons upon which 1 base my application are as follows: -At.dq.Amt.M•A*.AvaloUd.#m..... .and. b&ve.be on.t-bore.XOl'.imp, .JI.D.yE4Fg•...�n,this �aa�c�t icular .case. we feel the souir� .. . ......... ..... ........................ ........ WrUVA-W.XOR.r.QCk4-#rtXq,*..................... ..................._....................•.................... .. ..... ..................... ........................................................f....• .................................. ... • ......... ......... ...................................•...0.............. r.....• ..... •:�'I .. =.e•.................................................................................. i 0161 ...... ................... ............... ......... .................................s.....s.....•... ... •.��'• :.ji •...• �.1 w . ..............................................................• ...... •... ...I•< .. .. . . �..r .s• f ................a...• . . ignatury of or his authoWdsed Ageat TOWN OF AGAVIAAA M SSAC14USrTTS ... tt DUARD OF AP EALB �a DECISION OF BOARD OF APP6MS Do* PO4MOa •i -4i)li :► sue._ ___._ _��_ _� _ ryalph A. Lucia c,-..e before the Hoard o.` h*)-*a.is at a trablic hearirjr held on '4ednesdsyr August '01 je)78 at 7:30 P.P. seekin*; relief from 1)ection 200 Paragraph 21 (1) of the Zoning , rdinances to allow the storage of business equi;u,ent on the premises known as 7) 1',)Ward Areet. The Board reviewe i the Pacts presented at this ;pzt:ic Y+earim and the observation of the prewisee and equi-ment b r the Board nemLers, n flowed the Board to en"ciuft the followinp: 1. The entire area sum.),u1d1n,7 the premiaes YOB been zoned Residential A2 since October 11, 195 -, .rand as reviraed in 1960, and to this dater halt renairte_i conaister,tl ' esid;,nt,.is1 A2. 2. Petitioner b►tilt his Lore in 1970 and I-As garage in '973. 3. Hui'-,:ing Inspectar testified that the issuuxe of ary building perwit in all residential zoned areas is custom•rily and imidential to the princi Baal nse of the prmieea, that is t-) aa,. "Oesidential". FollovbW are excerpts from d2 zoning regulations: Residential A2 zoned greis are for a one family detached dwsZLing for one housekeeping unit only. The studios cr irfices of dancitq, or aaasic teaciiers, photographers, raassurs, veterinarians, ridir47 scnnols, and other similar businesslike ZiripAts are erobibited. - AccessorY EuT57d Fm uses customarily 13 r-, aray use nerreitted in this section; provided that such accessory use shall not i.ncInde any activity con+icted or pain. t Private garages; provided tat n) im ss, service or industz-j is cond,.,cted therefrm -)r therein. Not m n.ire tha -)ne motor ve cle .or sac ive tl r sand s:-T,area feet of 'Lit area or fraction thereof nor more , than five motor vehicles, not more than one 9 icg say be imreg stered, shall in rack- case be ke-t the nrwaiaes. �vne such vehicle may be a coroner^ial � vehicle and o not more t an t e c-sjrter t , w �..1— of capacit-, apace for nitorevet_{cies -.-•t be leased or rented for comr.,erciat vehic Ins. t o comercial , ►,=c-f, shall be narked in u lit in U,; These s-,w-ce b TOWN OF • _GAS' AM ':�.... MASSACHUSrTTS w► , , BOARD OF An"EAL8 DECISION OF BOARD OF APKALS = ' • 8 ZAp � .- Dew P.lil3os •i `alb' - Pare reatilations e.iall g-jnl.r to vehicles left -)n the lot, w.&ther horsed or in the o-1AM, Accessorf bui:dugs or structures including private faragea shall not exceed seventeen feet in Veight for a one star: building. a one and one half storf accessory buildiW shall n-.t excePA twenty--five feet in hei.pht. The Board notes ttzat the ant. r t - rr_nted by Ca:we-al hawe, Chapter 1,04, Sections ] to '' ' inclusiv-, :: r:m .-nd designated " the 2rning, 3rdinawes of the Town of h -awed, the -ur--jose of which is to leaven congestion in the suet, to secure safety from fire pnni.c and ether darer, t. "irevent the overcrowding of land, to facilitate the adealaate provision of transaortation, an3 to mvm*te tt.e health, t-1-fety, cormen ence and welfare of its Inhabitants, The Board further notes that the constriction e- zi,w:r_nt, bpi ldinr* :naterials, and comoaercial vehicles ingressini,, and egressijk,: frod tits location, 79 Howard Street, are detrimental to the health, safety and general welfare -)f the inhabitants of the A2 residential area. The conducting of aW business therefr= or therein in Residential Lined A2 areas, except that whicr is expressly allow3dj is pin k% ted. The Hoard further crates that tt:e storage of bui_ldirig materials such as Hamra, steel in any form, concrete blocks, bricks, istapij-, ladders and w, other construction material not incidental to the princi•sl use of this residential area, is prohibited. The Board ww concludes that Lardshin is not -Teven and that it was self imposed. The granting of this variance or re-;nested relief t.ould in tine Board's view substantially derogate frcxh the intent and nur-joseS of the 7-)nirr,^ Ordinanoss. Therefore, bast.d on the statement o' facts, and with the o-)wcr vtated in this Board of Appeals, izt and far the Town of kf-awe, .'i_asachiwetts, we do vote a�- ard-nouel;r to desK.- the requestei relict'. The petiti,)ner s!.atl ahi.te tie vi ;? :t iarz firti:ditr, and 1: 2;,z d 3:-!tv �fitl'l days from the d:t., *-ec 1:-°t )f this der.i:_'- .. ,t 11 ve! :c1 es, TOWN OF AGAWAM MASSACHUSETTS BOARD OF APPEALS . a M� masiON OF BOARD OF APPV S Doe ` aged _ equipment any! c.)rwtx jcti "<I: --ter'l l s nA Lnr_i t :lt_;Q to the nrincinal me of the residence, ; : cer_ a_-- J 4 is cc ,; th; :�;;ci;ion of the Ward of appeals rcco d_- Li :his ofyicvj r,ne Clerk's, Town of A;awamp Massachusetts cn ,cpte_ b-_r 1F', 19T;. ,... ... vaaa, Town alerk :.c �r C.'� � D�{A.YbSOIiE cXt Ras�asa0a� . ATTOR11"S AT LAM" _f; I$I4 MAW S'£N xT •CDR, STATE l3PRi1'T(iF]RLI1.MASBAOHV8RTT8 01108 Tawn Clerk Tarim Hall, Main Street Agawsm, Ma. 01001 CERTIFTZD - Return Receipt Requested �~ ��N; �� i �� --. �. �� . � __.__ - a f .._ 1