The URL can be used to link to this page

ZONE CHANGE - VINCENT M. CONNOR ZONE CHANGE - Vincent M. Connor G _ - 2 OF Aaq TOWN `OF AGAWAM o may, MASSAC14USF-TTS 40; BOARD OF APPEALS � - y DECISION OF BOARD OF APPEALS TOWN OF �''�Lt' V`.ro;r► Date J uaryLl$,�' 1974 OFFICE ' petition of Carmel Associates premises affected Beef nan place Estates M Case #808 The petitioners are seeking relief from Chapter 20, Section 20-2 of the Zoning Ordinances to allow the construction of wood Frame exterior walls without_ masonry blacks on outside walls. At a public hearing held November 13, '1973, Attorney John J. Teahan, 330 Walnut Street spoke for the' petitioners. Attorney Teahan 'centered his remarks on the present zoning ordinance in reference to apartment build irag;.`construction, requiring masonry block wall between the woad frame and exterior finish. Further, Under Chapter 802 of the Acts of 1972 effective October 1, 1972, the State Code no longer requires the construction of masonry walls in the type of apartment construction proposed by the petitioners. Attorney Teahan referenced the'Massachusetts.Reports, Mass. 354, page 278 case of Anthony T. Enos vs. City of Brockton. The petitioner' (Enos) sought to delete masonry walls-.in apartment construction, and received approval of the Court. On January k, the Board weighed carefully all the facts presented at said public hearing and the physical evidence observed by.each member of the Board during "on site" inspections of the premises. ' The Board concluded the following that 'allowed them to arrive at a judicial. decision. ' 1. As of October 1, 1972 the State Code no longer requires the construction of exterior masonry wa11s as set forth in our present zoning ordinances. 2. The Town of Agawam must amend its zoning ordinance by January 1, 1975 to delete the exterior masonry wall requirement. 3. Under Chapter 802, Section 70, any regulation in conflict with the Stqte Code will automatically be deleted after January 1, 1975• k. The exterior masonry walls provide no real protection to the residents of 'a structure and their-removal does not change the structural conditions of the building. } j• / FA TOWN OF AGAWAM MASSACHUSETTS 'l' BOARD OF APPEALS 0 Py��1 DECISION OF BOARD OF APPEALS ; Date January 15, 1974 Petition of Carmel Associates Premises affected - Beekman Place Estates, Main Street _ Case #808 -2- . 5. The Board feels that the intent of requiring exterior masonry walls was to provide protection for high density and close construction of buildings. However, under the present zoning ordinance protection is provided under A-3 zoning by requiring. a minimum of forty feet. (40 ft.) of space between buildings. The Board considered answers to the three primary questions before arriving at a decision. (a) . A substantial financial hardship' does exist by requiring the petitioner to expend money .for an exterior masonry wall no longer required under State Code. (b) Granting relief would not be a derogation from the intent and purpose of the existing zoning ordinances. (c) - The. relief requested would not be detrimental to the public good. Finally, the Board concludes that the main purpose of a' zoning ordinance is to stabilize the use of property and to protect an area from deleterious uses. The requirement of exterior masonry wall is a matter of subject for building codes rather than zoning ordinances.* Therefore,* based upon the statement of facts and the findings of the Board, the Board of Appeals unanimously grants the petitioner a variance to delete the exterior masonry wall from the construction of Buildings 1., 2, 3, 42 5, b, 7, 8, 9, 10, 11, 12,'. 14) 15, 19, 200 21 and 22 as shown on plan of Beekman Place Estates by Reinhardt Associates dated July 24, 1972. ' The petitioner shall have recorded in Hampden County Registry of Deeds a "Notice of Variance" form furnished by the Board. The variance shall not become operative until the petitioner furnishes proof to the Building Inspector that such recording . has taken place„ All other requirements of the Town Ordinances shall be met as well as any other conditions laid down by the said Building Inspector. . TOWN OF AGAWAM `t! 36 MAIN STREET- AGAWAM, MASSACHUSETTS 01001 h Tel. 413-786-0400 TE U mph FAX COV ER: SH E ET FAX NUMBER (4131786-9927 I TO: FROM: Number of Pages: ( Including cover page) I COMMENTS: , FAX TRANSMISSIONS ARE SOLELY.- FOR MUNICIPAL BUSINESS. ANY PERSONAL OR POLITICAL .08E PROHIBITED BY LAW. F Q � q TOWN OF AGAV{/AM . MASSACHUSTS ` cr'=F�C ET A BOARD OF APPEALSai SEP 14 r,!r s: 26 DECISION OF BOARD OF APPEALS ATED Date_ Sept, if). 1-981 Petition of Vincent Connor Premisea affected 5�5 River Road Case #985 Mr. Vincent Connor came before the Agawam Board of Appeals at a public hearing held on August 6, 1981, seeking relief from Section 20,. Paragraph 66.1 of the Zoning Ordinances of the Town of Agawam, to allow the construction of single family residences in an area designated as Flood Plain. At this hearing the Board reviewed all evidence presented by both the _. petitioner and those in opposition to the petitioners request. This review, coupled with on-site inspection by members of the Board, allowed . the Board to conclude the following: , 1. The land in question is located in an area designated as Zone B, an area indicating 500 year flood level boundry, and shown listed as Zone B on the "Flood Insurance Rate Map" U. S. Department of Housing and Urban Development, Federal Insurance Administration effective February 1, 1978. 2. The Board has in its possession a plan of lots dated the 24th of June 1981 titled "Subdivision Plan for Vincent Connor" drawn by Pharmer Engineering Corporation. The Board is aware that on July 7, 1981 the Planning Board approved under Form A said plan nine (9) lots as shown. 3. The elevation of the land in question appears to have an elevation of 59.60 feet, according to reference mark XRM-2 as -listed on the above mentioned map. 4. The area surrounding the Zone B area in question is designated as Zone A, an area of 100 year base flood, with an elevation of 58.0 feet as indicated by the same map. 5. The nine lots in question, all of which will front on existing public ways, are all in conformance with the frontage and square footage requirements of the Residential A-2 zone in which they are located. Any subdivision of land off the public way shall require a public hearing by the Planning Board. 6: This section of town known as the "River Road" area contains literally hundreds of single family residences. It should be noted that at least two new subdivisions have been built in this area q� TOWN OF AGAWAM TOWN CLERK OFFME •9 MASSACNUSUTS AGAW4111; "V;ASS. BOARD OF APPEAM SEP 14 aH 9 26 D DECISION OF BOARD OF APPEALS ATE Dale Sent. 10, 1981 _^ Petition of V intent Connor Priem;*** affected 535 River Road Case #985 -Page 2 — during the last few years. 7. This area has many homes built on lots with less than 110, frontage as currently required under Residential A-2 Zoning Ordinance. The Board of Appeals recognizes its authority under Section 20-•66.1 which states, T'If any land in the Flood Plain district is found by the Board of Appeals, not in fact to be subject to seasonal or periodic flooding or unsuitable because of drainage conditions, and if the proposed action is consistent with the purpose of this by—law, the Board of Appears may grant, after a public hearing with due notice, `a Special Permit for the use of such land and for the construction and erection of a structure or building for arVf purpose permitted in the underlying district subject to reasonable conditions and safeguards.,, Upon weighing all the evidence presented, the Board feels that the requested relief would not derogate from the intent and purpose of the Zoning Ordinances, nor would the requested- relief be detrimental to the public good as suitable control measures could be unposed. Therefore the Board of Appeals by unanimous vote grants a Special Permit under the Flood Plain Ordinance, Section 2D, Paragraph 66.1 to allow the construction of nine (9) single family residences subject to the following: 1. The floor supporting the living area of each residence shall be constructed so as to be no lower than sixty (60) feet above mean - sea level. .2. All single family residences shall meet the currently required setback, side and rear lot requirements. 3. The petitioner' shall have recorded a "Notice of Special Permit" form provided by the Board in the office of the Hampden County Registry of Deeds. 4. No building permit shall be issued unt•l this filing is accomplished and proof of same is submitted to this B and the or. `3llrl� �/i741 8/ TO: TOWN T:�Efi:-TREK LATE: November 3, 1983 SUBJECT: RELEASE OF PERFORMANCE BOND Fin At an officiary caller- and posted meeting geld on 10-20-83 the ?lar.ninC .land voted tc release S Q00,Q0 of the monies `:ply: 4y the :'oyn to cover nerfornar.ce of work by Vincent ConacZ otherwise known as r:. Tct Riverside Gardens 7 .s amount is relensel Wr work acceptsd ;ice he Agawam 73nni g . ird. 7VY TOW. OF OF AGAWAM, MASSACHUSETTS Board of Appeals JA N 18 19831 y� Aakvi,,a Bd.OAPOeals�A �U f? 9 D Agawam,Mass. No. ..... ............... �� r r� } Filed .......................... vJ J Hearing ........................ APPLICATION TO BOARD OF APPEALS FOR VARIATION FROM THE REQUIREMENTS OF THE ZONING BYLAW Applicant: ....i.T...... Connor Address: .55.9AIrdiim.st.a............................... Application is hereby made for jZtlationj xo51he requirements of Section....��.......... Paragraph..OPI......... WW-- I warren St• of the Zoning Ordinance. Lota 77--76 Mor an St. Premises affected are (a) known as NUMBER 7g-? ... ......Street; ..D��ts St• ........(b) .. r�.........feet distant from the corner of .....��................Street w ~/ Proposed Description of Building Existing single family 1. Size of building............... eet front: ....... .feet deep. Height: ..................stories: .................. .feet. single tamiy ' 2. Occupancy or Use: (of each floor) .. .................................................. .......................... Fees. A-2 1983-1985 ' M -a 3. Building Zone District: ................................ 4. Date of Erection: ........... �... 5. Has there been a previous appeal, under zoning, on'there premises: ..... ... .......................... Erect conventional single family dwellings r d. Description of proposed work or use: . co • , ................................. ........................................ ........................................... tyi j N n ......................................................................... ....................................0......PA., ......................................... .... fell st. ....a........�, that ?. a r cip 1 reason on which I base my application are as follows: ,.rongly ....... prnpoae...use .... a� t `is hand wil not endanger the health and safety of the occupants or the pubYic;. ............................................. ................................. ........................... ... . . ............. ....... . . .. WrfAa...M......�!'.^'�:�-�.................. Signature of owner or his authorised"Agent Notice:—This application must be.filled out in ink or typewritten. � it;Y`! TO" 'i l L Li'1'10E v g3n31 �ol� 4uL—,0aembers attended the 8:00 P.r�1. �1moe { ng: �� Theodore A. Progulske, Chairman Ronald LaRiviere, Actin;; Vice-Chairrmr_ Anthony Grimaldi, Actiri3 Clerk Appoal of Vincent Connor Lots ,134 to 37 clarren Street Lots 076 & 77 Morgan Strut Lots '• 8 & otte Strect Cage z7102 A moeting of the Board of Appcals for Vincent Connor rho is seekim relief from Soction 20, Chaptor- 66.1 of the Zoning 4rdinancos to allow the construction of four (4) single family residences on Lotu -"34 to 37 Marren Street, Lots 076 & 77 Morgan Streot and Lots 178 C: 79 Byotte Street all being located in the flood Plain area as defined. rho co,tins was called to order at 8:12 P.N. with the Chairmen reading the notice of the meetin3 which a=oared in the newspaper and by cutlinin3 the rules of this hearing. 1-1r. Vincent Connor started the meeting by stating that Yee intcnded to build:4 sinzle femily ho-nos on .:arrcn Street, Kor3a-n Straet and Byotte �trc t. He stated thin ar a is zoned Res A2 and that all of th-- lots conforms to the proper square footage. No also 3tatcd that all of tho propose-d homes mould be connected to the sewor system. All honor r,ould be constructcd with a full basement. the follocfinE nco-31a tho were in attendance at the statcd objectiona to this vc.rianca: 11ra. Vi.r3inia C'zuprynski, 283 Leonard Street: : ro. Czuygr� s1U fools t ±th tether construction this would add tc the poor draina„o problcm which sho has every spring. Sao suhaitted pictureo of the floodin3 to the Board. Sdt-,rd E acouicz, 21 W=on Streat: Nir. :Tace,,zicz sta ycd kit with rzora construction that this would only add to the dr^i.na3o problcns he has yearly. He also submitted to the Board a petition signed by tho vuoplo in this neighborhood. ',.r. Hocnard :.Lurphy9 46 'arraa Street: Also voiced tho same concern as did :.:r. Ndacewicz and :rz. Czunrynolii.. In addition to tho before mentioned peoples, the follouin3 spoke in opposition: r•,rs. ' ary Campbell, 555 River Road I1r3. :iary :.ikon, 293 Leonard Street . Claopitt, 26 Dyotte Street BOARD OF APPEALS 14EETING ' , -" Wr * � i 1983 .- Page 2 - 1983 MAR 32 ►11 9'. 41 T'he meeting was closed at 9:00 P.F.T. by the Chairman. Res ct ly witt ed, Anthony Grimaldi Acting Clerk T°inutes received: Mar. 29, 1983 Minutes typed: I-Tar. 29, 1983 Minutes to T•Trs. Rose: Decision received: Decision typed: Decision to �:rs. Rose: Decision mailed: FORM A r APPLICATION FOR ENDORSEMENT OF PLAN ZEUEVED NOT TO REQUIRE APPROVAL File ane a a=leted form with the Planning Board and one copy with the Tou•a CI--4 in aeeordance with the requirements of Section II-B. Agawam, Mass. .. . . . . . . .. .. . . .... 19. .. ... 1 l To the Planning Board: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not eonstitute 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 . �! �.! Ml�.. ... . .h.. ... . . . . . . . .... . . ............ .... .... .. . . Address .b .��.0.Q 1`?e.'``.. .S�... .. . . .. . .. . .. .. . . . . .. ..... . . . . . . . ... ........ . . 2. Name of Engineer or Surveyor . ..e1 +�.v�@.2 .. . ir�-. . .G.g.P. . .. ..... . . .... . . . . ... . .. Address . . . . .. WR. .... .tk.i4... ..... . ........... . . . ........ .. . .... . ..... . . i. Deed of'property recorded in _.. . .y k P PQb-'... _�QA'!��.� . . .. . . . . . ... . . . . . .. . . . . Registry, Bookb.. . . . . .. Page . . . . . . .. .. . . . ... ... . .... . ...... . . .... . .. . . . . 4. Location and Description of Propert.y: —s w C Un -x .y co �1 4 k Signature of ear . . . . .. .eun. .Cr"' :'`�' Address_ :....... . ..`... ::... FAG TOWN OF AGAWAM T OWti CLERK OFFICE MASSAC14US67TS +� BOARD OF APPEALS 1983 APR I I PH 127 y _ h DECISION OF BOARD OF APPEALS RrE0 Date Apr. 6, 1983 Petition of Vincent Connor Premises aFFectad _ Lots 34 to 37 Warr Street _ CA 41029 Lots 76 & 77 Morgan Street Lots 78 & 79 Dyotte Street Mr. Vincent Connor came before the Agawam Board of Appeals at a public hearing held on February 17, 1983 at 8:00 P.M. seeking relief from Section 20, Chapter 66.1 of the Zoning Ordinances of the Town of Agawam to allow the construction of four (4) single family residences on Lots 34 to 37 Warren Street, Lots 76 & 77 Morgan Street and Lots 78 & 79 Dyotte Street, all being located in the Flood Plain area as defined, each lot being 100 feet by 100 feet in size as shown on plan submitted. At this hearing the Board reviewed all the evidence presented - by the petitioner and by those in opposition to this request. This review, coupled with an on-site inspection by members of this Board, allowed the Board to conclude the following: 1. The land in question is located in an area designed as Zone B, an area indicating 500 year flood level boundry, and shown listed as Zone B on the Flood Insurance Rate Map United States Department of Housing and Urban Development, Federal Insurance Administration effective February 1, 1978. 2. The elevation of the land in question appears to be approximately 59.60 feet according to reference mark XRM-2. 3. The area surrounding the Zone B area in question is designated as ZoneCA.1- an area of 100 year base flood, with an elevation of 58.0 feet as indicated by this same map. 4. All lots in question, all of which front on existing public ways, are all in conformance with the frontage and square footage requirements of the Residential A2 -,One in which they are located. � Ada 9 FAQ TOWN OF AGAWAM TOW11'*CL.g:Rx OFFICE - - MASSACNUSE I I AGAW'M. BOARD OF APPEALS 1983 APR PH 37 27 DECISION OF BOARD OF APPEALS ATE0 P Dal. Apr. 6, 1983 Pelileoa of Vincent Connor Promises affected Lots 34 to 37 Marren Street Case 61-02Q Lots 76 & 77 Morgan Street Lots 78 & 79 Dyotte Street - Page 2 -. 5. This section of town known as the "River Road" area has literally hundreds of single family residences. It should also be noted that over the past several years, there have been at; least two new subdivisions. The Board of Appeals recognizes its authority under Section 20- 66.1 which states; "If any land in the Flood Plain district is found by the Board of appeals, not in fact to be subject to seasonal or periodic flooding or unsuitable because of drainage conditions, and if the proposed action is consistent with the purpose of this by-law, the Board of Appeals may grant, after a public hearing with due notice, a Special Permit for the use of such land and for the construction and erection of a structure or building for any purpose permitted in the underlying district subject to reasonable conditions and safeguards. " After weighing all the evidence presented, the Board-feels that the requested relief would not derogate from the intent and purpose of the Zoning Ordinances, nor would the requested relief be detrimental to the public good. Therefore the Board by unanimous vote grants a Special Permit under the Flood Plain Ordinance Section 20, Paragraph 66.1 to allow the construction of four W single family residences subject to the follotring: 1. The floor supporting the habitable area of each of these residences shall be constructed so as to be no lower than sixty feet (601 ) above the sea level. 2. All single family residences shall meet the currently required set back, side and rear lot requirements. 3. The petitioner shall have recorded a "Notice of Special Permit" form provided by the Board in the office of the Hampden County Registry- of Deeds. FAQ TOWN OF AGAWAM . =k_c�w�=:.G�.E � O�TICE - - MASSACHUSMS Mt�V- - � BOARD OF APPEALS !983 APR I l MA�1 DECISION OF BOARD OF APPEALS ATE0 Date Apr. �6, 1983 Petiteon of Vincent Connor Premises affected Lots 34 to 37 1,1,qrrpn Str-pn+__ Cass I'l o2o Lots 76 & 77 Morgan Street Lots 78 & 79 Dyotte Street - Page 3 - 4. No building permit shall be issued until this filing is accomplished, and proof of same is submitted to this Board and the Building Inspector. 5. The petitioner shall file with the Planning Board under Form A "Subdivision Control Not Required" said Plan for their approval. 6. No building permits shall be issued until such time as evidence is provided this Board and the Building Inspector, that Planning Board approval has been received. FA TOWN OF A GAWA M :�• _ 'i'- 36 MAIN STREET AGAWAM, MASSACHUSE'1'TS 01001 y Tel. 413-786-0400 1 o�p�RA�f Q MPy` PLANNING- BOARD July 16, 1981 Vincent Connor 55 Garden Street Feeding Hills, MA 01030 Dear Mr. Connor: At a duly called meeting of the Agawam Planning Board, the Board voted to approve your plans under "Subdivision Control Law Not Required", for parcel of land located on River Road. Plans drawn by Pharmer Engineering Corp. , Holyoke , MA. Dated June 24, 1981 . Very truly yours, A AM PIANNING APB/sec cc: Town Clerk Assessors File #1429 w � A O cn n rn FORM A APPLICATION FOR ENDOR.W. WENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File one completed form with the Piannintt Board and tme copy with thp.Town Clerk in accordance with the'requirements of Section 11-13. • Agawam, Mass, ..June. ..3.0,. . , .. 19.8.1.. To the Planning Board: { The undersigned, believing that, the accompanying plan, of his properly in *the Tow'b of Ag wir r does not: oonetitute a subdivigton within the, meshing of the Subdivision Control Law,,'he're*ith. subri" •aid plan for a determination and endorsement that Planning Roard approval under the Subdivision GVAol Law is not required. 1. Name of Appli+*t . Vincent;. .CaunQr... ... . . . ...... . . . . . ....... .. . . . . . . . . . . .......... . . Address . .. . SS. Gaxd��. •St.•. ...:F�edng. k1 .X�� r:�`7si,SS:•.... .. .... .. . 2: Name of Engineer or Surveyor . PharMq-T •Engii�eer.ing , Corp.. ., , . •;. • ..... . .. • • A&rtsa . 9.,Mt . Tom Ave.. ' Holyoke,,Mass { .;,.. . ...... .... . . S. Deed ofVroperty recorded in . .Hawpdeu..RegistrX.,off.A�ede.::• • - Boot; . .1.� ... . . . . .. ;Page. ., `. . • ..: ..... . . . t Loeation'and Description of Property. SEE PLAN 00 Zt i�d _ y _' ! JJ� �u� i�•flf��.` a.. •1.s .5,=.ice 4 ri . BOARD APPEALS It�a � Sixata� a� Jgn =ggryts $ The following members att 0bid 7M* 0M. meetiriZ: John Juliano, Acting Chairman Theodore A. Progulske, Acting Nice Chairam Ronald Hebert, Acting Clerk Appeal of Vincent Connor Lots 34 - 37 Marren Street, . Lots 76 & 77 Eorgan Street Lots 8 & 9 2Zotte Street Caac t1026 The Board of Appeals held a public hearing Thursday, January 13, 1983, at 7:30 P.I7. o'clock to all parties interested in the appeal of Vineent Connor rrho is seeking relief from Section 20, Paragraph 66.1 of the Zoning Ordinances to allow the construction of 4 single family residences on Lots 34 to 37 Warren Street, Lots 76 & 77 Horgan Street and 78 & 79 Dyotte Street, all being located in the Flood Plain area as defined. The meetin, was called to order at precisely 7:30 P.P . by Acting Board Chairman fir. John Juliano rfno began the hearing, with a reading of the legal notice and by outlining, the rules and roaulations under which the Board of Appeals conducts a public hearin5. The petitioner, Kr.- Vincent Connor, failed to appear b:fore the Board at the pre3cribed time. After waiting over fifteen minutes, and after attempts were made in conta.ctir3 1-2r. Connor by Board member, Theodore Progulske, which proved to unsuccessful, the hearing ryas closed at 7:52 P.M. by Acting Chairman Juliano. The Chairman noted for those.people in ottendance at :the public hearin,, that since the petitioner failed to appear, that it Mould ba up to the petitioner to again request a public hearin, and submit to 11n2w" application bofore this Board. Furthermore the Clair noted that all those people previously notified for this hearing would be notified if any future hearing should be scheduled. It should be noted that after the hearing eras closed, T=ir. Connor did appear. He apologized for being late. The petitioner was informed by the Board that he Faust begin the whole process at the beginning if he wishes to have his appeal heard by the Board. Respectfully submitted, Roimld Hebert Acting Clark ` Ninutes received: Jan. 24, 1983 ?� Minutes typed: Jan. 24, 1983 Minutes to Mrs. Rose: Decision received: _ Decision typed: ' Decision to Pairs. Rose: c*, Decision mailed: r t1 F TOWN OF AGAWAM, MASSACHUSETTS Board of Appeals e �V p3No. . �.................... M 2.�,. � 1982 �s?� ,g"L.4 ° p 1s J� Filed .......................... "'� J Hearing ........................ G, N APPLICATION TO BOARD OF APPEALS FOR VAR ION FROM THE REQUIREMENTS OF THE ZONING BYLAW Applicant: ....Vincent 0onnor.................. ... Address: . 55. Garden street,............. ....... Application is hereby made for a variaaio�fBrom t e uirements of Section.....20 ... Paragraph..§6 LLOO 4-11V Warren S —.__ of the Zoning Ordinance. Ints 77-76 Morgan St. Premises affected are (a) known as NUMBER ..78n79......Street; -11yotte.,St........(b) ..5............feet distant from the corner of .....Leonard.............Street Description of Proposed Building Eiristing 1. Size of building:..Bing18..fa4'LIYront: ............ ..• .feet deep. Height: ..................stories: .................. .feet. 2. Occupancy or Use: (of each floor) .Pixlgf.e.1=1.1y 1=11Y..................................... 3. Building Zone District: . Re©' �'.2................. 4. Date of Erection: .19....�1 8•r�........................ , 5. Has there been a previous appeal, under zoning, on LlteFe premises: ..................................................... 6. Description of proposed work or use: �r8C t Co nVontio.naY•,Ang,1E, PX1 IF.fte Ill ng a............. .......................................... .....................follows: 1 feel strongly..that . e .� . 7. The principal reasons upon which I base my application are as .. ... .�;.. Proposed use of this land will not endanger the health and aafet"" fc-" the occupant,s..or the public.......... ............. .. ............................. Cn r r w ............................................................ .......................................I............... ............................................................ ................................................ ..ir ............................................................................................................. _ ..... ..................................................................................................... ... ......... .�. :.. ................................ Signature of owner or his authorized'Agent Notice:—This application roust be.filled out in ink or typewritten. FA 3 TOWN OF AGAWAM N 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 y Tel. 413-786-0400 o9��AArED MPy` PLANNING BOARD June 19, 1980 Mr. Vincent Connor 55 Garden Street Agawam, MA 01001 Dear Mr. Connor: At a duly called meeting of the Agawam Planning Board held on Thursday, June 19, 1980, the Board voted to approve "Subdivision Control Law Not Required", for parcel of land located on Line and Franklin Streets. Plans drawn by Pharmer Engineering Corp. , 39 Mt. Tom Avenue, Holyoke. Dated June 12, 1980. Very truly yours, AGA PLANNING OARD Moll;, APB/sec cc: Town Clerk ,- Assessors File # 1379 ; z �1� 4 �13 N MO1 � { 03� PARITAL RELEASE OF COVENANT This is to certify that the Agawam Planning Board has released Lot r'#1 on a subdivision plan entitled "Plan .of lots, South Side Manor, developed by Vincent Connor, Agawam, Massachusetts, Scale tin.=40ft. , November 1973, Pharmer Engineering Corporation, Holyoke, Massachusetts" , said lot is subject to the provisions of a covenant dated March 12, 1974, recorded in Hampden County Registry of Deeds, Book 3943, Page 215. Very truly yours, AGAWAM PLANNING BOARD r Hampden ss Commonwealth of Massachusetts Then personally appeared the above named, Charles R. Calabrese, Harold S. Ellis, William L. Pisani, Louis F. Cichetti, members of the Agawam Planning Board, and acknowledged the foregoing to be their free act and deed before me, ry /l Tublic cc : Town Clerk Building Inspector File #1036 ..,.r�,K OFFICE Ti Tr"„ , cVUP" 11. 1981 DEC 22 AN 9: 13 ^GAW/►M. MnS,,AI:HUSE7`r5 „15. DECEM$ER � ,�y, ,�.. . The 1,:s1sci tlidly l+.iie+u+ts as per the request of thi2:- Agawam _P_ Planning Board to re-zone the following described parcel of:', 14nd fromt Agricultural I to Residence A-2 zone : Beginning at a point at the southwesterly corner of land n/f of Co'Anor Builders , Inc; as shown on plan recorded in the Hampden County Registry of Deeds , Book of Plans 172 , Pg. 78, said point being also 200 ft '. westerly of the westerly sideline of River Road in the Town of Agawam, Hampden County, Massachusetts , • Thence running N . 580 23 ' 00" W. along the northerly line of land n/f of Russell M. & Mary R. Dimock a distance of 191 .90 ft . to a poing ; Thence running S. 360 50' 00" W. along the westerly line of land Hof said - Dimock, land n/f of Robert L. & Kathleen G. Longo, and land n/f of William J. & Joanne F . Menard a total distance of 241 . 10 ft . to a point ; 0 Thence running N . 600 14 ' 52" W . 'along the northerly line' of• land of said ard, land n/f of Clarence P. & Edna L. Jerris , land n/f of' Danto & Ann Tomasetti & land n/f of Eugene A. & Susan P. Mutti a total distance of 298. 33 ft .' to a point ; Thence running N .370 44' 30" E. along the easterly line of land n/f, of Normand & Genevieve Gamashe , land n/f of Edward J. & Lorraine E. • Loomer, land n/f of Robert A. & Patricia M. Markiewicz, and land n/f of C1yde. L; • 8 Madeline M. Simpson a total distance of 411 . 80 ft . to q point ; Thence running N. 330 68' 48" E. along the easterizy line of land n/f of Donald W. & Jeannette M. Knowlton, land n/f of Paul U. & Goan Y. Czajkowski , land n/f of Robert G. & Sharon A. Antoya and 'land n/f of William K. & Marie A . Goodman a total distance of 465 .50 ft . to a point ; Thence running S . 630 40' 30" E. along- the southerly line of land n/f of -Spaulding & Ryan a distance of 75 .00 ft . to a point ; ' Thence running N. 32o 43 ' 30" E. along land of. said Spaulding &' Ryan' i distance' of 75 ' plus or minus to ' a point :at: the pxi�tin& Residerit A-2 zoning line ; said point being also 200 fG. ,souherlY of . the souLhei'de��.•, line of Leonard Street; ... .Thence running southeasterly 200 ft•.+- southerly of and parallel' to .th'e southerly sideline of Leonard Street a distance of approximatelk .410t: . to .,' a point , said point being 200 ftr westerly of the westerly line of••River Road ; Thence turning and running southwesterly 200 ft. * westq'rly *of` and parallel to the westerly sideline of River Road a distance of approximately . 76ju ft . • the point of beginning ti TLIWN rLER t OFFICE p AGAWA, ', N:r SS. THE TOW4 CouNc i 1. 1981 DEC 22 AN 9: 13 ^GAWAM, MAS4ACH USETTS ..151. DECEMBER, ......... ..... .....19-al...... 7jaC I�r�c�tia��r�c�� III illy 1l�titiU11s as per the request of the Agawam Planning Board to re-zone the following described parcel of land from Agricultural 0 to Residence A-2 zone : Beginning at a point at the southwesterly corner of land n/f of Connor Builders , . Inc; as shown on plan recorded in the Hampden County Registry of Deeds , Book of Plans 172 , Pg. 78, said point being also 200 £t . westerly of the westerly sideline of River Road in the Town of Agawam, Hampden County, Massachusetts , Thence running N. 580 23 ' 00" W. along the northerly line of land n/f� of Russell M. & Mary R. Dimock a distance of 191 .90 ft . to a poinp; Thence running S.360 50' 00" W. along the westerly line of land of said Dimock, land n/f of Robert L . & Kathleen G. Longo, and land n/f of William J. & Joanne F. Menard a total distance of 241 . 10 ft . to a point; Thence running 'N. 600 14' 52" W. along the northerly line of• land of said Menard, land n/f of Clarence P. & Edna L. Jerris , lend n/f of Danto & Ann Tomasetti & land n/f of Eugene A. & Susan P. Mutti a total distance of 298.33 ft . to a point; Thence running N.37° 44' 30" E. along the easterly line of land n/f, of Normand & Genevieve Gamashe, land n/f of Edward J. & Lorraine E. • Loomer,, land n/f of Robert A. & Patricia M. Markiewicz , and land n/f of Clyde. L'. & Madeline M. Simpson a total distance of 411 .80 ft . to 4 point; Thence running N. 330 08 ' 48" E. along the easterly line of 'land ' n/f of Donald W. & Jeannette M. Knowlton, land n/f of Paul U. & ,loan Y. Czajkowski , land n/£ of Robert G. & Sharon A. Antoya and 'land n/f of William K. & Marie A. Goodman a total distance of 465 .50 ft . to a point ; ' Thence running S. 630 40' 30" E. along the southerly line of land n/f of -Spaulding & Ryan a distance of 75.00 ft . .to a point ; ' ' Thence running N. 320 43 ' 30" E. along land .of. said Spaul(jing &' Ryan a. " distance' of 75 ' plus or minus to ' a point ,a-t` the pxi�tin� Res�iderit ' A-'2 • zoning line; said point being also 200 fG. ,southerly, of . the s,outhvr�y; aides i line of Leonard Street ; Thence running southeasterly 200 ft'#± southerly of and parallel' -to .Ch'e ' southerly sideline of Leonard Street a distance of approximately ,410 ft". to .. a point, said point being 200 ft westerly of .the' westerly line of-.River Road; Thence turning and running southwesterly 200 ft. ' west07ly of' and parallel to the westerly sideline of River Road a distance of appioximately . 760 ft . - , to ' the point of beginning. TH/S PLAN WA PRL RAPED J PEREQY CERT1 F Y, TO THE BE T OF FROM .INFORMATION .SUPPLIEQ 1"1Y KAICkILEDGE, INFORMATION AND BY OTHER5 AND LS NOT T1-1E BELIEF, T1-1AT THE PROPER7Y LINES` RESULT OF A FIELD SURVEY SHOWN ARE 7 HE LJ 1V E$ DI V1 Dl/nl Cr BY. THLS OFTlCE-. EXISTING OWNERSHIPS-: AND TI<IE LINES OF THE, STRE ETS AND JJAYS 1 CERTIFY T HAT TH15 PLAN SHOWN ARE Tf-IOSE OF PU5LIC OR HAS BEEN PRFPA RED IN CON.- PRIVATE STREEr5 OR "AYS ALREADY FORP11TY kl1Tf-I TNF RULES ES TABLI.SHE-D , AND TRAT NO NEW AND REG ULA IONS OF THE LINES FOP r�LIE :DIVISION OF REGISTERS OF DEEDS OF THE EX/S3"INC OWNERSHIPS OR FOR COMMONW EALTHI O MASSACI-IUSETTS. NEW WAYS ARE SHOWN. 1��oV WILOAM D. PHARMER PEGISI EKED LAND SURVEYOR MAS5. NO. 93ey 11Rp - 563 4Q'3D"- 30 30.,E R3 00 1 6867 _ ST ' a"9° ri I? �8°? p Q . 89 C. W 7,1 X4OR jQ�jll � � f� O o SGAlJLD//V/ S63'3 �/ g' l� 16,883° Qj Gc pYjN p. � , Cx7 f ti >1 . 95.46 Z2750� 2 E64`28',3o Z 7E 3 /2 5 .. �S 8 - �� 5 • 40 30"� `�ZON 4 a. 0_3`o713c, IIQ i p0 �Oo S 63 0 40 E Z AG z ! <v�M K ;�7C) � � 1 CO V T o s s, 848 14 OR �- ., 0 `l0'`f/1/y ? 11.84.2 ACRES oCIOo h0 �b 16,425 d' L. 36.7� TON a. 8ti•i6'00 &JET 33.54 Y o Cj E� L. 4102 17.4120' a. 94 000,00" SSg 2 , C. •36-57 �. 9 -�P ` o 0 a A 60. .00 <o'�' �4 J 9i . , .!gyp,jv 00-✓ r Ems oho y `. . �1-� �o,Q�-9Sy� �, �,y y _�� 0 40 80 120 160 240 .324 10/vco, �O 197- 4 � kgTyLF; 29a 33 N6 a ti� AN C' AGA WA M , N/45 . D ZONE CHANGE PL A N Q w VIN CONNOR jV 0 scale f L� � Ifs (50 ' ENGHNEEER RING (�. Date CORPORATION V1OF J ` 1p.mac. /981 � 0 Drawn]. G. Comp. $ No,9324 h Job No. 1758 c wQ �ST7<R Q hp ski NO.J.. Description Date Drawing No. HOLYOKI~ R E v 1 5 10 N S AG'- M ~ .3682 MASSACHUSETTS Tc�cv.v �j'l�i•.K C,,� ,r�rc�^��<< �N%Tii'e� e�-J F��- TOWN CLERK OFFICE Planning Board AG 12A I ��^ 1978 NOY 3 hf g 7 TO: Town Treasurer Date r ,7 SUBJECT: Release of Performance Bond File No. lr � l At an officially called and posted meeting held 1/ 7 the Planning Board voted to release of the monies held by the Toren to cover performance of wor� by��, ,�_t �c^ ,�_ otherwise known as for project - 7 . This amount is released ' for work accepted by the Board and described by the Town Engineer in letter enclosed. �3� '� �� C;i) r Aj ann ng Board CTi-aTr—maii JF 2-59-7/74-200 ... .. - - - - - - - - - - - - - - r - • - - - - - - Ir • •FA r � a ,�o 3 TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 y Tel. 413-786-0400 MP Planning Board April 24., 1978 Re : #1282 Form A- River Road Mr. Vincent Connor, Pres. Connor Builder, Inc. 55 Garden Street Feeding Hills, Mass. 01030 Dear Sir: At a duly called meeting of the Agawam Planning Board on Thursday, April 20, 1978, the Board endorsed plan entitled: Plan of Land, of Robert W. Simpson, prepared by Pharmer Engineering Corporation, Holyoke, Mass. , dated April 20, 1978, Job. No. 1432, Drawings No. AGM-2998; "Approval under the subdivision control law not required. " The plan was noted: "This land is subject to the Flood Plain Insurance act and Zoning;' This parcel was the subject of a Board of Appeals decision. Very Truly Yours, q AGAWAM PLANNING BOARD UJ < N f k�k, �< Q y� o r— Letter Cert.Mail to Petitioner cc : Town Clerk TOWN CLERK OFFICE I AGAWAM, MASS. � _T8 APR 2 I PM 12: oT 1�`J • �� a13.�e.=1 s L�. I� :i�.i � f`'.:i ti.� v.SL"iiw.flui..t._c:'� a i T-ev r--,i� .fir•.-,fih ��_•-�-.�.y�.---•:�.... ,..� -�� LL2�'E1,1E 'J � 1R i�Sc� S'1f�• SL� .':µrt� ;�nt[` .� C� ; F31�. CuC eCm lntPU T 'with- tiie 1'ai i:iiz;iz Poard ;-md w,o - copf'i.2Fl t.ap.sUo::, Clerk ifl-_-ccarda, ' =rig}'. ills requirements ti'1:+u• i;'bon r tkT�L�r��1 s:. APRIL_ 2Ql, . To the PIa�in g Lo zd T i ri4yr' 'a a �n he! } " ? ! I'f�I ti ilia 'iC;.e!'L�i i1i the 1f37is� o Ag?,. r— .;_e ��t.AiJ_` ..� ue_i � .� t �e �x�p�: i>�.s � � I goes not C o°w` tli:`.' G rulua'i i.-);o: wifh� t .o t`i iI" :r n;Ji c �i:i:sdk' :$:;.. !�i{?S?ii'Ol it};?, i1CiC�'iizl' S`Ib r:5 id 7�4 fn,. a Lint- ' -z��F -.5. .� ;� T; d ,.;,` �� de !•n �` iz; n �`�,•,!i t�_ S8 �U�r. .,_ L:.,..;:>i:�..-2��L;CII and E�vC':'5�—� .. T__... ..`i .Il: .;5 1.0 l"u �3." ..3'1i�i�.. li,T. t 1' the rt5:2`DiF1S.:. 7�. VICENT CONNOR,(P_e_ ,. Wti'vd� C1 4E 4,5 1. Vama of A pLr^�:z" . .. . . . . . . : . •dd:!4?.a .. . . . .55. .GARDEN. .STREET, . F.EED.ING. AILL_S. .., . . . . . . . . . ... . . . . 2. :;amc of :.;inv r nr Sur—.-eyor . . . . . PHARMER ENGINEERING. CORF.. . . . . • . . . . ddse� . • . . . . . . . 39. MT.. TOM .AVENUE, HOLYOKE. . . ... .. . . .. . .. . . . . . . c HAMPDEN COUNTY . . . . . . , . . . . . ;3. Deed o� �c,e:�;; �cc rued iu . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .572. . . . . ., 3 4. Lov ian and D7Avp ptio� 0t Property: BEGINNING AT A POINT AT THE- SOUTHEASTERLY CORNER OF"LAND -OF'•DENO'_H: & DOROTHY I. BREVELERI, SAID PO;NT BEING ALSO ::. °,'-ON'•THE-NORTHERLY. LINE OF RIVER. ROAD,' THENCE RUNNING S.`' 47 : 221 :15'i W. A. -= ALONG RIVER ROAD. A:'DISTANCE OF 100.00 FT. TO A POINT;" . THENCE RLENNING -N ` 42° 371 - 45" W. A DISTANCE OF 150.00 FT. TO A: POINT; ` : , 1'-.-THE N CE--'.R ON N I N G .S-.``A7° 22''-15' 'W. , A DISTANCE OF 100.34 FT_,. TO- A 'POINT; <T.' ,• ,:THENCE:RLI�II�ING:;N'. :•�+2° .45� 30" W. A DISTANCE OF 11.00:ET...TO A. POINT; " • THENCE •RUNNING N:;4713 22•1"15" E. A DISTANCE OF 100.36 :FT. 'TO A..POINT; ;} THENCE'l'0UNNING"N'o`.42° 37. -45" W. A DISTANCE OF 118.21 -FT. TO A POINT; F T IENCE:�RUNNING:.''5 '.36°, 11�' 26" W. A DISTANCE OF '�02.53 -FT. Td A POINT; :.THENCE-;RUNNING •N. '42° 45' 3011 W. .A DISTANCE OF 245.34 FT. TO A 'POINT; ' _ 'THENCE.,;RUNNINQ-• S. ,86°- 041- 02" .E. . A DISTANCE OF 212.42 ,FT. TO, A POINT;, s` •'THENCE-RUNNING 5.'" 51° 33' 45" E. A-,:DISTANCE OF 354.73 FT. TO RIVER "ROAD AT THE POINT OF BEGINNING. ',Y.. .. .. . . . . . . . . .. . . CC: Petitioner, Town C�k, Town Engineer File h11 Planning Board TO: Town Treasurer Date 9/19/77 Subject: Performance Bond File No. 11ll At an officially called and posted meeting held on 9/19/77 the Planning Board voted - in Savor of setting P o3d-a as the amount required Ito be filed with the Town Treasurer to cover performance for, a period of two years by Vincent Connors otherwise known as for project "known as Overlook Drive This is to cover ;lots # s The Board reserves the right to review the bond amount at the time the appl ant desires to post security . THE PLANNING•BOA* , AGAWAIM, iMASSACHUSETTS Dec. ...........................................19.......73 un o •, T,he A.a•am PlanninS Board will hold a public hearinc on-TUESDAY, JA`3L`ARY 15, 1974, at 8 P.M1. in the 'SOWN AD4II114I57-R:TION BUILDING, on tI-,e petition of iTli;i,ENT CO3` mR.J. Sub"�ivision approval Required, for a parcel of lard located off SCC1P STREET, AGAWk1, isr's.7S., bounded and des4ribed as follows: • BEGINNING AT A POINT AT THE NORTHEAST CORNER OF LAND NOW OR FORMERLY OF BELCHER, SAID POINT BEING ALSO ON THE SOUTHERLY LINE OF SOUTH STREET THENCE RUNNING ALONG THE SOUTHERLY LINE OF SOUTH STREET• S.80°0610511 E. A DISTANCE. OF 141.66 FEET 1'! 'THENCE RUNNING S.- 5 0 351 0011 W. A DISTANCE OF 232.44 FEET THENCE RUNNING S. 50 541 32" W. A DISTANCE 'OF' 428.59 FEET' THENCE RUNNING S. 17° 251 5911 W. A DISTANCE OF 213.38 .FEET THENCE RUNNING S. 23° 241 5611 W. A DISTANCE OF 254.74 FEET THENCE RUNNING N. 45a 001 0011 W. A DISTANCE OF .527.61 FEET THENCE RUNNING N. 25° -91 0311 E. A DISTANCE OF 360.17 FEET THENCE RUNNING N. 75° 041 10" W. A DISTANCE OF 7.50 FEET THENCE RUNNING N. 26° 4a� 3011 E. A DISTANCE OF 200.00 •FEET THENCE RUNNING S. 75° 041 0511 E. A DISTANCE OF 2.50 FEET THENCE RUNNING N. 17° 241 4011 E. A DISTANCE OF 175.00 FEET THENCE RUNNING S. 75° 471 48". E. A DISTANCE OF 165.93 FEET THENCE RUNNING N. 170 241 4011 E. A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. Persnn� a i, chaa,e or raod:`+:thG zon:ng-ot-alit paite�of Iia��ia[1-picseat a ti+rit•.e ryucst far su:' i ordarrr ti ' '+ the gy -f-;hc zanln� by Esws of the tu+att ;ag amrn+Iccl) in �+ • c oget:;r.ith s plst a rnr tarty i a iti [ cs+in . and dimrn5i..as; tl:c ocarr. udjacrru op and,.• rah ,.rr rn requr- the Roy. cation, and o, iss' prupo5ed buiiding, or str tutri o e prrmisr, and on a+lj+pining propc t}. 5ucb glut to be a e at a suitaolr xaEe — preferably 1" equal ta•80 Ertl. 3 PLANNING BOARD + AGAWAM, MASSACHUSETTS '��AATED spy December 19, 1972 Mr. Edward Caba Town Clerk Agawam, Mass. Re: Connor Form A #951 Dear Mr. Caba: The Planning Board signed plans for the Form A for property off North West Street on December 18, 1972• Very truly yours, Charles Calabrese, Chairman c/1 19 " L'. 2 .2 9= k_Al 3 J TOWN OF AGAWAM TOWN CLERK'S OFFIVF PLANNING BOARD AGAWAM, MASSACHUSETTS z Aghp M Dec. 19, 1972 Mr. Edward Caba Town Clerk Agawam, Mass. Re: Hillside Estates Vincent Connor #873 Dear Mr. Caba: Please execute the attached bond agreement. Also attached is copy of Mr. Stone's letter of Mr. Stone 's letter of August 7, 1972, and copy of performance bond and assignment. Very truly yours, Charles Calabrese, Chairman c/1 encs. FORM A �s r � APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File one completed form with the Planning Board and one copy with the Town Clerk in accordance with the requirements of Section II-B. Agawam, )lass. aec. .1,8 . . . . . 19.72. . . 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 . . . . . . . . Vincent Connor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . .. . . . . . . . .. . . . . . Address .. . . . . . . . . . . . . . . . .5 .Carden. St., Feeding Hills. . . . . . . . .... I . ... . . .. 2. Name of Engineer or Surveyor _ Cobb Heesely & Miles Address . . . . .. . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... . . . ... .. . . . 3. Deed ofrproperty recorded in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . Registry, Book . .. . . . . . . . . . . . . . . . . Page . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . ... . . . . . . . .. . .. . . 4. I.ocatiff of Nose^.ip Wes trr�ety Parcel 1 Starting at a concrete stone bound at the rear of lot 7, 153.39 feet south to a stone bound $: 2.99 feet-east 153.06 to beginning. Parcel 2 Starting at a eoncete stone bound at the rear of intersecting lines of lots 7 & 8, north 2.99 feet, westerly direction 244.20 feet, southerly .92 feet, easterly 150.26, to a stone bound continue 93.41 feet to point of beginning. Parcel 3 Starting at a stone bound at the rear oflot 9, going easterly► 30.86 feet tW southerly .92 feet, then westerly 31.53 to beginning. Signature of owner .{J!1` .1. . .'. w;., Address UWN OF AGAWAM rfi "N' n6 GRK'S OFF10 Vi ent Connor I TO!-aT OF AGAWAM EASEMENT FOR SURFACE DRAINAGE SYSTEM i HILLSIDE ESTATES, FEEDING HILLS, MASSACHUSETTS I, Vincent M. Connor, the undersigned, for consideration i! received, the sufficiency of which is hereby acknowledged, hereby grant to the Town of Agawam, duly established under the laws of the Commonwealth of Massachusetts, and located in the County of ; Hampden, the following described easements for public purpose to ! wit : The purpose of constructing, repairing and maintaining a drain- . age way or system necessary for public convenience and health, over IIa parcel of land as hereinafter described, not otherwise used for �1; a public purpose, said easement, or right-of-way over said parcel ito be an easement to lay, operate and forever maintain a drainage 1+ way or system of drains consisting of both underground and surface 11facilities, and to enter freely upon said parcel with such 11machinery, tools and other apparatus as is necessary to alter, repair, renew, inspect and examine the same, and to construct and maintain concrete masonry work, drains and other structures and [� to do any and all other things reasonably necessary for the con- , struction and maintenance of said drainage way or system of idrains, and to place upon said land, materials and apparatus ! during such construction, maintenance, replacement or repair . The land within which said easements are hereby granted is ' the same as shown on a plan entitled: �{ "Plan of Property In Feeding Hills, Mass . Owned By Vincent M. Connor William Pharmer, Registered Engineer 39 Mt . Tom Ave ., Holyoke, Mass . 01040 Said Plan being recorded in the Hampden County Registry of Deeds, Plan Book 13 (�, , Paged—1 Z Descriptions of the land in which the easements are granted ,: are as follows : Beginning at the northeasterly corner of lot #19 I- Thence S . 520 50' 42" W. a distance of 110.06 Ft . Thence N. 79P 32 ' 20'.' W. a distance of 98 .00 Ft . Thence N. 100 27, 40" E . a distance of 110 .00 Ft . . The southerly side of Karen Lynn Circle Thence N. 79' 321. 20" W. a distance of 20.00 Ft . Along Karen Lynn Circle Thence S . 100 27 ' 4o" W. a distance of 110 .00 Ft . Thence N. 790 32' 20" W. a distance of Z84�.21 Ft . Thence N. 720 49 ' 31" W. a distance of 163 .39 Ft . Ito Karen Lynn Circle continued on page 2 . . . . 13 I �I 1 ;: �8��3"!34 PAGE 39 is -PAGE 2- • Thence southerly along a curve having a radius of : 110.00 Ft . , an arc length of 20.04 Ft . k Thence S . 729 49 ' 31" E. a distance of 144.93 Ft . Thence S . 100 27 ' 40" W. a distance of 92.22 Ft . Ito the northerly side of Karen Lynn Circle Thence S . 790 32' 20" E. a distance of 20.00 Ft . along Karen Lynn Circle Thence N. 100 27 ' 40" E. a distance of 90.00 Ft . }� Thence S . 790 32' 20" E. a distance of 280. .00 Ft . k Thence S. 100 27 ' 40" W. a distance of 90.00 Ft . 11to the northerly side of Karen Lynn Circle �I Thence S . 790 32 ' 20" E. a distance of 20.00 Ft . Thence N. 100 27 ' 40" E. a distance of 90 .00 Ft . I Thence S . 790 32 ' 20" E. a distance of 119 .42 Ft . +# Thence N. 520 50' 42" E. a distance of 123 .44 Ft . to Karen Lynn Cir81e Thence N. 45 00 ' 00" W. a distance of 20 .19 Ft . to the point of beginning . I a� Beginning at the southerly corner of lot #3 on the ,northeasterly sidS of Karen Lynn Circle Thence N. 44 42 ' 36" E. a distance of 222 .00 Ft . Thence S . 100 27 ' 40" W. a distance of 35 .53 Ft . I Thence S . 440 42 ' 36" W. a distance of 192 .73 Ft . ,, to Karen Lynn Circle I' Thence N. 450 00' 00" W. a distance of 20.00 Ft . ',along Karen Lynn Circle to the point of beginning . �I 4' Beginning at the southerly corner of lot #9 on the I1westerly side of Garen Lynn Circle I Thence N. 75 37 ' 20" W. a distance of 100.00 Ft . Thence S . 140 22 ' 40" W. a distance of 31 .00 Ft . I Thence S . 130 15 ' 06" E. a distance of 210 .87 Ft . Thence S . 09° 55 ' 05" W. a distance of 65 .00 Ft . Thence N. 80° 04' 55" W. a distance of 87 .50 Ft . II Thence N . 200 16 ' 10" W. a distance of 92.95 Ft . i Thence N. 010 58 ' 30" E. a distance of 170.39 Ft . fl Thence N. 150 56 ' 40" E. a distance of 286 .76 Ft . ito a concrete bound Thence S . 090 04' 38" E. a distance of 165 .80 Ft . i Thence S . 140 22 ' 40" W. a distance of 68 .00 Ft . Thence S . 750 37 ' 20" E . a distance of 101 .25 Ft . t! to the westerly side of Karen Lynn Circle 1� Thence southerly along said Karen Lynn Circle on a # radius of 160.00 Ft . , an arc length of 20 .05 Ft . to the point of ! beginning . In witness whereof, the said owner has signed and acknowledged ; this instrument and caused it to be delivered in his name and behal ,, this 2 day of August , 1972. ,l I' In the presence of: F iane S . Ross' V—incent M. Connor COMMONWEALTH OF MASSACHUSETTS County of Hampden ss : Date : I c Z �I Then personally appeared the above-named and aforesaid Vincent M. RECEIVED" Connor and acknowledged the foregoing instrument to be his free i act and deed before me . S E P 2 81973 hn ran AT o d i Np Notary Public REG'U FROM THE ORIGINAL ! L My Commission Expires 29-370 4 *�'„1�} C .l .r BooK 3 1 J4 PACE 3J5 0 �m4a�n County flegis"pf j}- - - - - - � - - - - - - - - S.EP20i972 eed� CEI1 ED FOR REC- D and racordcd in Book.' 3 �' e •s �� t Jt Register o edr .f� 18 '72'X vAi s� .'.�,� (.1 f-P V* rr �P . HILLSIDE ESTATES • • AGAWAM, MASS. AGRBM4ENT This agreement, made this�day of i9? , at Agawam Hampden County, Massachusetts, by and between"VI CENT M. CCNNOR, hereinafter called the Developer, and the TOWN OF AGA1•JAM, acting through its Board of Selectmen, hereinafter called the Town, Witnesseth: ViTEREAS, the Developer desires to carry out the development of HILLSIDE ESTATES, Lots 1-26 inclusive, . WHEREAS, on July 17, 1972, the Planning Board of the Town of Agawam ap- proved the plans for HILLSIDE ESTATES entitled: "AGAWAM HILLSIDE ESTATES SUBDIVISION PLAN FOR • VINCENT CONNOR PHARMER ENGINEERING CORPORATION SCALE: 111=401 DATE: MAY 3, 197211 NOW, THEREFORE, in consideration of the approval of the construction plan and profile by the Planning Board of said Town, the Developer agrees to complet the following items of work in a manner satisfactory to the Board of Selectmen: ROADWAY: Construct a thirty (30) foot wide, 2j inch thick Type I-1 bitu-nirous : concrete roadway surface over a ten (10) inch compacted bank-run gravel base. All loam and other yielding material shall be removed from the roadway prior to the placing of the gravel base. The gravel base shall be installed in two five (5) inch layers each compacted with a ten ton roller. This shall be covered with a 11 inch thick base course of Type I-1 bituminous concrete and rolled with a ten ton roller; then, after the passage of one winter season, finished with a 11 inch thick top course of Type I-1 bituminous concrete. In addition the bituminous concrete shall be of a type and installed in such a manner as to comply with the specifications of the Massachusetts Department of Public Works. GRAVEL: Gravel to be taken frori State approved and tested banks only. If. it is necessary to test certain gravel to determine if it meets the gradation requirements of the Massachusetts Department of Public Works, the cost of this test shall be borne by the Developer. WATER MAINS: Install eight (8) inch Class 150 cement lined cast iron water mains, hydrants, valves, blow--offs and appurtenances as shown on said plans. R. D. Wood, Mathews Improved or A.P.Smith hydrants with 4� inch valve ;-opening shall be used and shall be installed with a "T" .connoction at the main riith a gate valve of the New York Metropolitan style. All work and materials shall conform with the, standards of the Department of Public Works of the Town. SURFACE DRAINXE: Install reinforced concrete pipe, catch basins, curb inlets, manholes, headwall and rip-rap as shown on said plans. All work and materials shall conform to the standards of the Department of Public S'.orks of the Town. BERGS: The Developer shall install a bituminous concrete edging or berm along the gutter lines of all streets. All berms shall be installed using an ;approve berm forming machine and bituminous concrete Type I-1 berm mix. The berms shall be carefully and fully protected after placing until they have lost all,of the heat and until they have become completely stable. SIDE'VIALkS: The Developer shall construct sidewalks on both sides of the street in all paved areas as shown on said plans. Sidewalks are to be five (5) feet in width and consist of an eight (8) inch bank run gravel base and a two (2) inch Type I-1 bituminous concrete surface. The gravel base shall be wider by three {3} inches on each side than the five (5) foot hittminous surface. The elevation of the edge of the sidewalk nearest to the roadway shall be at least eight (8) inches above the gutter grade of the road. TREEBELTS: The Developer shall install five (5) foot wide treebelts on both sides of the streets between the edge of the roadway and the sidewalks. ; Tree- HILLSIDE ESTATES • ,�?3 AGPMIENT belts are to be constructed with six (6) inches of loam which shall be fine- graded, fertilized, seeded and rolled. The Developer shall care for the seeded areas, watering, reworking and reseeding them as necessary to develop a satis- factory stand of grass. MCNLMIENTS: The Developer shall install all concrete bounds and iron pins shown on the plot plan of the approved sub-division,and their installation shall be certified in writing by a registered professional land surveyor. NOTIFICATION TO DEPARTMENT OF PUBLIC CORKS : The Developer shall notify the Department of Public ;Works at least twenty-four (24) hours in advance of the time when he plans to began or resume work on this project. Failure on the part of the Developer to provide such notification shall be causQ for the -Town to require the Developer to excavate and reconstruct as necessary in order to insure that the work has been done in a satisfactory manner. PERFORMANCE GUARANTEE: The Developer shall furnish the Town a performance bond in the amount of $40,000.00 or deposit money or negotiable securities in this amount, to guarantee the Town the faithful performance by the Developer within two years of the date of this agreement of all work required herein. The amoun of the above guarantee has been determined and agreed upon by the parties heretA as the amount which the Town will be damaged by the breach of this contract on the part of the Developer and it is intended as liquidated damages and not as a penalty. NOTIFICATION OF CU4PLETIONr Upon completion of all work required herein, the Developer shall notify the Town that the work is ready for final inspection wit respect to the release of the guarantee. Release of the guarantee is contin- gent upon all work being completed in accordance with the standards and speci- fications included herein. IN WITNESS VIHEREOF the Town of Agawam has caused its corporate seal to be affix ed hereto and these presents to be signed and sealed in its name and behalf by the Chairman of the Planning Board and its Board of Selectmen, and the Develops has signed these presents. TOWN: OF AGA`r1AM DEVELOPER PFOVED AS 10 FORM q 4///7 Board of T ctmen To Counsel Date Town Clerk 7 Ole y. Planning Board A G R E E M E N T O F A S S I G N M E N T Now comes VINCENT CONNOR, of 55 Garden Street, Agawam, Hampden County, Massachusetts, the OBLIGEE in a Performance Bond dated July 10, 1972 by and between RONCARI INDUSTRIES, INC. , as Principal, and TRAVELERS INDEMNITY COMPANY, as Surety, said Bond relating specifically to a contract for labor and materials as per Town of Agawam -specifications at "Hillside Estates Subdivision" , on a plan recorded in Hampden County Registry of Deeds in Book of Plans '136, Pages 120 and 121, and therefore, in consideration of ONE DOLLAR ($1. 00) and other valuable consideration, .said VINCENT CONNOR hereby sets over and assigns all his. rights under said Contract :to ' the Town of Agawam, Hampden County, Massachusetts, and hereby files this Assignment with the Town of Agawam to supplement the said Performance Bond. Vincent Connor THE COMMONWEALTH OF MASSACHUSETTS Hampden,ss August 's 1972 Then personally appeared the above named VINCENT CONNOR and acknowledged the foregoing instrument to be his free act and k deed, before me, • f L 4 otary P blic , € + f ." My commission expires � �� F A dL DEPARTMENT OF PUBLIC WORKS • TOWN ADMINISTRATION BUILDING AGAWAM, MASSACHUSETTS �R�4 MP August 7, 1972 Planning Board Re: ' Hillside Estates Agawam, Mass. Gentlemen: Since our receipt of your letter of July 17, 1972, Mr. Connors has advised this Department that he desires a bond estimate for the remaining work on the entire subdivision. We estimate that upon completion of the water and drainage systems, a security in the amount of $40,000 will be required to insure the completion of the above project. Very truly yours, JPS:aok John P. Stone, 'Town Engineer 1 AVG� go-aid Aga Ala, r • • -.�' g �3 PLANNING BOARD AGAWAM, MASSACHUSETTS Z July 18, 1972 Mr. Edward Caba Town Clerk Agawam, Mass. Re: Connor Hillside Estates #873 Dear Mr. Caba: The Planning Board signed plans for the above subdivision on July 17 , 1972. Very truly yours, (T�" a Charles Calabrese, Chairman c/1 JUL 1 S '72 PM r ,gc r TOWN OF AGAWAM Town ri FRK'S OFFICE July 179 1972 TO WHOM IT MAY CONCEU? RE Hillside Estates 073 Subdivision Plan for Vincent Conner GeAtlemen: T, Eduard A. Caba, Clerk of the Town of Agawam, hereby cettify that the notice of approval of this plan by the Agawam Planing Board has been received and recorded at this office and notnotice of appeal was received during the twenty days next after suOh receipt and recording of said notice. Town Clerk EAO/rr �I 1 COVENANT The undersigned, VINCENT M. CONNOR, hereinafter called the 'Covenantor" , having submitted to the Planning Board of the Town of Agawam, a definitive plan of a subdivision entitled "Hillside Estates , Feeding Hills , Massachusetts , Pharmer Engi- neering Corporation, Holyoke & Pittsfield, Massachusetts, Scale : 1" = 40 ' , Dated June 16 , 1972" and particularly lots thereon numbered 1 through 26. inclusive, does hereby covenant and agree with said Planning Board and the successors in office of said Board, pursuant to G.L. (Tarr. Ed.) Chapter 41 , Section 81U, as amended, that: - I. The Covenantor is the owner of record of the premises shown on said plan. 2. This Covenant shall run with the land and be binding upon the executors , administrators , heirs and assigns of the Covenantor, and their successors in title to the premises on said plan. 3. The construction of ways and the installation of municipal services shall be provided to serve any lots in accordance with the applicable rules and regulations of said Board before such lot may be built upon or conveyed, other than by mortgage deed, provided that a mortgagee who acquires title to the mortgaged premises by foreclosure, or otherwise , and any suceeding owner to the mortgaged premises , or part thereof, may sell any such lot subject only to that portion of this Cove-- pant which provides that no lot so sold shall be built upon until such ways and services have been provided to serve such lot ; pro- vided, however, that prior to the release of a lot or lots to be built upon or conveyed, the Board may require a deposit of money sufficient to secure final completion of ways and services re- quired for the lots in the subdivision, as shown on said defini- tive plan. 4 . Nothing herein shall be deemed to prohibit a y. , conveyance subject to this Covenant by a single deed of the entire parcel, of land shown on the subdivision plan of all lots not previously released by the Planning Board, wit]-tout first providing such ways and services. b. This Covenant shall take effect upon approval of said plan`. B. Reference to this Covenant shall be entered upon said plan and this Covenant shallbe recorded when said plan is recorded. EXECUTED AS A SEALED INSTRUMENT,, this a2 7 day of June, 1972 . VINCENT M. CON OR COMMONWEALTH OF MASSACHUSETTS ' HAMPDEN, se. June 7 ,. 1972 Then personally appeared the above named VINCENT M. CONNOR, who acknowledged the foregoing instrument to be his free act and deed, before me Notary Public My Commission pines . iN . -••Y.. . . .'h ., s -..k.-n.a - Y - '•i, ., .-_ -_;• ... ;µl . ._ :.. - . -. .'., ram., �". , Ek3 X. n I I t , ,i �';'� i/T F((,may,1I/7 i, k!'f; r "'Y-1 i� 'r L� 1�4 ,' � r`�� ^r'�C•/}- ..... I4 .:ti ..tL i.Ql +L:L.�J4x_iL.4.J ti.J1'� �L� s•�i�.�«. ! �1► sT•OC& COMPANY) PERFORMANCE BOi10 10iMl ALL IMEN BY TiiCSE PRE-SViTS, that - --Ror.cari 1ndustzias, Trc -- of as Prirci;:1 hereinafter called Principal, and TEE TRAVELERS INDE1ffITY MMPANY, as Surety, hereinafter called Surety, are held and firmly bound unto __.Vincent Connor, 55 Garden St. Feeding Dills, Xass. as Galigee, hereinafter called the Obligee, in the full penal sum of Forty Thousa-id and C0/1C0ths----..---»— ----------------------------------------------------Dollars {s 40 C00.00 for the payment whereof Principal and Surety bind themselves, 'their heirs, executors, adranistratore'," successors and assigns, jointly and severally, firmly by these presents. IfM CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS said.Principal has entered into a certain written contract with said Obligee, dated the_ ._,S day of • _ __ _ ✓ , 14711,1"which written contract provides for the following: —Instruct Bituminous concrete road and curbs', construct bitiminous concrete walk and loam, grade and seed tree belt as per Town of Aga;;an specifications in "Hillside Estates Subdivision" whic;, contract, together with all plans and specifications now made or which may hereafter he made in extension, modification or siteration thereof, are hereby referred to, incorporated in and made a part o: this' bond as though herein fully set forth. NO',"i, THEREFORE, if the.said Principal shall well and truly keep, perform and e.:ecute all the terns, conditions and stipulations of said contract according to its provisions on his or its part to be'kept anc per:orsed and shall indemnify and reimburse the Obligee for any loss that it may suffer throgzh the failure of the principal to faithfully observe and perform each and every obligation and duty imposed upon the Principal by the, said contract, at the time and in the manner therein specified, then this obligation shall be null and void, otherwise it shall remain and be in full force and effect. PKVIDED, HOWEVER, that any alterations which may be made in the terms of said contract or in thew"ork Gone or to be done under it, or the giving by the Obligee of any extension* of time for the performance of said contract or any other forbearance on the part of either the Obligee or the Principal one to fire ot;.er, a?.all not in any way release: the Principal and/or the Surety, or either of then, their represent- atives, i.cirs, executors, administrators, successors or assigns from liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby specifically and abso- le:C:•; SMN u ,;,ND SEALED ti,is 10th day of ��Y_2_ 19 __r2_ . Win-ness as to Principal Rorcari Zndustries, IncBy T I I Z lltAVl;l.1•BS 1\71.1',`;l"Y CCIMPil'%NY By: La� h� . iorxf ri ddo, For use Ly Towns and other State SS::.G:lYi:i1GC:S S-1.212 L-Si Eartford, Cronnecticut f'O„'ZR OF AT T ORNEX KNOW ALL MIEN BY THESE; PRESENTS. That THE -TRAVELERS INDE1'INITY. COINIPANY, a corporation of the State of Connen.ct:., does hereby make, constitute and appoint D. L. Banta, 1.1. E. Beruman, Robert F. Can,&ell, A. Gfonfriddo . junc- .i. I;eycr, Terence V. I✓ullaney, all. o- Ea.tford, Connectj.cut, ETCH its true and lawful Attorney(s)-in-tract, with full power and authority, for and oa 'behalf or zhe Cor.npany as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances,consents of surety or other written obligations in the nature thereoi, az follows: Any and all bonds, undertakings, recognizances, consents of euxety or other written obligations in the nature thereof and to bind THETRAVELERS INDEMNITY COINIPANY thereby, and all of the acts of said Attorneys; in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-lst;r;, are now in full force and effect: AItrICLt; IV,SLCTK1N 13. The Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee,ant•Senior Vice President,any Vice President,any Second Vice President,any Secretary or any Department Secretary riaa)'p1717bi11t attUrne}'s•1n-fa[t or agents with power and nnthority,:,s defined er limited in their respective powers of attorney,for and on behalf of l!te CC, ;:} to execurte and deliver,.Irid affix the seal of the Company ihereto, bonds, undertakings, recoynizances, consents of sluct)-or other wr,llco obligations In the nature thereof and any of said officers may remove any such attorney- in-fact or agent and revoke the power and authority given to him. AKTICLt•: IV, 5ECTION ls. Any bond, undertakiig, recogn17.ance,consent of Surety or written obligation in the nature thereof ,hall be valid and binding upon the Company when sil:ned b), the Chairman of the Board, the President, the Chairman of the Finance Committee,the Chairman of the Insurance Executive Committee,any Senior Vice President,any Vice President or any Second Vice President and duly attested and sealed, if a scat is required, by any Secretary it any Department Secretary or :any Assistant Secretary or when signed by the Chairman of the hoard, the President,the Clt firm in of the Finance Committee, the Chairman of the Insurance Fxecutiye Committee,an)•Scnior Vice President,any Vice President or any Second Vice President and counter- mg+tied anon scaled,if a seal is required,by a daily authorized attorney-in-fact or a�cnt;and any such bond, under- taking,recognizance,consent of surety or written obligationi in the nature thereof shall be valid and binding upon the Company %vheri duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority granted]zy his or their power or powers of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 30th day of November, 1959: VOTED: That the signature of any officer authorized by the By-Laws and the Company seal may be afnxed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such si nature and seal, when so used being hereby adopted by the Company as the original signature of such officer anl�the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed: 7ais power oP.attorney revokes that dated June 25, 19'70 on behalf of D. L. Banta, M. E. Berl==, Robert F. Campbell, A. Gionfriddo, Ann G. Leonard, June M, Meyer, Terence V. Nulleney IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused thm presents to be -signed by its proper officer and its corporate seal to be hereunto affixed this 12th day of' 19 ,n. b.aJ THE TRAVELERS IIDEMNITY C01%1P.`-,5Y By EA L r. Secretary, Surety S"-te of Connecticut, County of I-Iart`ord—ss: On this 12tb d.'ay of 1;,ay in the year 1971 be-ore me personally came E. A. Houser III to me kctnowlt, m-ho, being by niq duly sworn, did depose and say: that he resides l:t the S-mte of Connecticut ; €h:tt lie is Secretary (Surety) of TI-II- TRAVELER'S IND1-11 N ITS• CON IPAN�', tine corporation describctk in :land which executed ;lie above instrunietnt; that ha~ knoivs the seal of siici c0rir0- r,:tloin; ,hat th(:sC:11 :lilt\Cal €o sniel 1115trllInent is such corporate Sell; that It was so nrllxed by alld'.ortiy of his (,rote under the by-;Ants of .6d corporation, and that: he signed his rinme thereto by like a;ltl:t)rity. "If 4 NOTARY .Notai}• Public.—. - +,1°�+Hcctt iY comriission expires npr4 1, 191Y 5.1665 PRI94TED IN U.S.A. G71 • vzWnrr c orrnr� FA Ac t, q O�ee a� �0 93 PLANNING BOARD � h AGAWAM, MASSACHUSEYrS ti ATED June 27, 1972 Mr. Edward Caba Town Clerk Agawam, Mass. Re: Hillside Estates #873 Dear Mr. Caba: The Planning Board approved plans on June 26, 1972, on the above sub-division entitled "Agawam Hillside Estates Subdivision Plan for Vincent Connor Scale 1 inch = 40 Feet May 3, 1972 Pharmer Engineering Corporation Holyoke Pittsfield Massachusetts". A bond or covenant must be received within the twenty day appeal period and easements must be granted to the Town prior to the signing of the plan. Very truly yours, Char es Calabrese, Chairmab^ c/l J 27 72 PNI l 12 2 6 TOWN OF AGW.-'Aih, 170WN CLERK'S OFF IA OFF T01NN FORM B �C T 1 ; ';� i0?-:j APPLICATION-FOR APPROVAL Ep-A �f�l� OF DEFINITE PLAN �i�� J2J l FILE-,P�E COMIALETED FORM WITH -THE- PLANNING BOARD AND'A COPY WITH THE: IN ACCORDANCE ,WITH REQUIREMENTS OF SECTION 'III-B AGAWAM ------------ -= }-•• - •........ f i1 M I1 r. tit -�i:--AY ' To the Planning Board: ' c The undersigned herewith' submits the accompanying Definite Plan of property located in the Town of Agawam for approval as a subdivision under the requirements of the Subdivision Control Law and the Rules and Regulations Governing the Subdivision of Land of the Planning Board'iri the Town of Agawam. �• I 1. Name of Subdivider ...........:'U.1AC.ENT•_CONNOR---------------- ......................................... ............................................. Address. ...................1.5_ .-GRRQE=N_..5TREET_,_..AGAWA L,_ MASS---------... . .._ . I 2. Name)of Engineer or Surveyor'.........PHRRMER___EN.CINEERIRU.-RQRP_..........:........... Address '------------------ MTs.,7QM RUE., Pr__0. BOX 925_,__ HOLYOKE, IA55, ............ I 1 3. Deed of Property Recorde i in ............. HAMP.DE1]:..CA��!!�T.Y................................-------- ....... Registry, .................... Book6 -------.........................V99--------------------------------Page'. .......................230........................ A4 Location and Description of Property: BEGINNING. AT A• POINT ON THE WESTERLY ' SIDE OF NORTH WEST S BEET A DISTANCE OF`125.00 FEET FROM A CONCRETE MONUMENT AT� THE NORTH EAST CO�NER, OF- LAND OF ERNEST SCHAEDLICH THENCE, RU rNNING:+ ALONG NORTH WEST STREET S. 000 521 1511. E.- A DISTANCE OF 172. 17 FEET THENCE,RUNNING;-N'. I790 321 2011 W. A DISTANCE OF 161.90�"FEET THENCE RUNNING !S. i1O° 27, 4❑" W. A DISTANCE OF 250.00 'FEET THENCE RUNNINS'!N. 79' 321 20" W.# A DISTANCE OF 782.55 'FEET THENCE RLINNING.,N. 80c 041 55" W. A DISTANCE OF 216.G4 : FEET ITHENCE 'RUNNINGiN. 20 161 10" W. A DISTANCE OF 92.95 •P-EET i ITHENCE RUNNING N. 101° 58' 3011 E. A DISTANCE OF' 170.39 FEET ITHENCE RUNNING 'N. 115° 561 4011 E. A DISTANCE OF 286.76 FEET iTHENCE RUNNING 'S. �790 551 001' E. A DISTANCE OF 685.8:1 FEET }THENCE' RUNNING 'S. '800 091 50" E. A DISTANCE O� 358.62 ,F.EET S !THENCE RUNNING 3. J10Q .27'' 4fl" W. A DISTANCE OF 121.43 'FEET 9 , f iTHENCE RUNNING S. 79 321 20" E. A DISTANCE OF 128:OB FEE AMY] i TO THE PLACE OF BEGINNING. awalannj aB,2r� 10 .t Mass.oat Your attention is directed to Section III, B. 3 of the Subdivision Rules and Regulations requiring the posting of a bond or recording i . � of a covenant BEFORE approval can be , given. i = .U . ' .Signature of owner _- - ----------------_......� Address ._5_`Sr....�� FA o#W PLANNING BOARD � H AGAWAM, MASSACHUSMS y ro�poR M�y� ATED April 24, 1972 Mr. Edward Caba Town Clerk Agawam, Mass. Re: Form B Vincent Connor #873 Dear Mr. Caba: The Planning Board rejected on April 18, 1972, the Form B filed by Vincent M. Connor on March 7, 1972, for the reason that it was not properly submitted. Section III, paragraph B, pages 4 and. 5, of the Subdivision Rules and Regulations - the petitioner did not submit two original drawings of the definitive plan and did not comply with other items on pages 4 and 5. Very truly yours, CVarles Calabrese, Chairman c/1 APR 24 72 PSI f'ry� 2 �- �4 6 -OWN GF AGAWAM TOY'N CLERK'S OFFICE �F AQq� TOWN OF AGAWAM 11„,12,, 1 MASSACNUSETTS '° -2 sf, 9= =3 r -�� BOARD OF APPEALS $ s � s a TE DECISION OF BOARD OF APPEALS i OWN OF AGAWAM TOWN CLERK'S OFFICE Date March 20,_-1972 Petition of Vincent M. Connor Premises affected 131 North Street Case #751 The petitioner is seeking relief from the frontage requirement of the Zoning By-Law, Section 5, paragraph (f) to allow the construction of a single family residence on Lot 3, 131 North Street. At a public hearing held March 1, 1972 the petitioner stated he wished to erect a single family residence on the premises but would be unable to do so as he could not quite meet the frontage measurement as eat down by said By-Laws. At an Executive Meeting held March $, 1972 the Board reviewed the evidence presented at said public hearing as well as facts noted at "on site" visits made by each membdr of the Board and came up with the following pertinent deductions 1. The premises appears to have the benefit of an "exempt lot" as outlined in Section 5A of the Zoning Enabling Act, Chapter 40A of the General Laws of the Commonwealth. 2. The Board noted the petitioner can meet all the other minimum requirements established by the Zoning By-haws, therefore it felt that desirable relief might be granted without substantial detriment to the public good. 3. A change in the said Zoning By-Laws has created a special condition affecting the premises but not affecting Uenerally the immediate zoning district and it became apparent to the Board that a literal enforcement of the provisions of the said By-Laws would involve substantial hardship to the petitioner. 4. It was also noted that several residences in the immediate neighborhood were erected on lots that neither met the frontage or area requirements of the present Zoning By Laws, thus causing the Board to feel that any relief afforded the petitioner would not nullify or substantially derogate from the intent or purpose of said By-laws. Based upon the facts presented, the Board of Appeals unanimously grants the petitioner a variance from the Zoning By-Laws as requested subject to the following conditionst 1. No parking facilities shall be provided dire+trt�y. in front of the residence. 2. The petitioner shall provide the Building 1napector proof that a "Notice of Variance" furnished by the Board has become a matter of record in Hampden County Registry of Deeds or in the Land Court of Hampden County, whichever ' previals, before a building permit is issued. • • MAC 2272 PM n` �OFAQ TOWN OF AGAWAM �o`!,llll .,,r 0 9 MASSACNUSETTS '-2 +� BOARD OF APPEALS w. J � �■ � ll)llllt'` tb ,O�� f �i��RATEQ MPy DE f O CISION OF BOARD OF APPEALS TOWN C SGAWAM OFFiCF. Date March 20 1 Petition of. Vin4ent M. Connor___ Premises affected 131 !North Street Case #751 Page 2 3, Finally, the petitioner shall provide the Building Inspector a detailed site plan showing the location of the dwelling on the .premises which must meet all the requirements, excepting the lot frontage measurement, set down by the existing Zoning By—Laws, prior to the issuance of a building permit. t3�Z.��z 55 Garden Street Feeding Hills, MA 01030 'March 17, 1972 Mr. Edward Caba Town Clerk Town of Agawam Agawam-, MA 01001 Dear Mr. Caba: 1 hereby am giving you written notice that a set of preliminary plans were submitted to the Agawam Plan- ning Board and the Agawam Board of Health on Thursday, March 16, 1972. The land above mentioned is known as hillside Estates and is owned by Vincent Connor of Feeding Hills. Yours very truly, Vincent M . Connor i, u� AGAWAM FORM B APPLICATION FOR APPROVAL OF DEFINITE PLAN FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND A COPY WITH THE TOWN CLERK IN ACCORDANCE WITH REQUIREMENTS OF SECTION III-B AGAWAM ..................M.ARS..i .._._..6.�..................... 19 72 To the Planning Board: The undersigned herewith submits the accompanying Definite Plan of property located in the Town of Agawam for approval as a subdivision under the requirements of the Subdivision Control Law and the Rules and Regulations Governing the Subdivision of Land of the Planning Board in the Town of Agawam. 1. Name of Subdivider .............VINCENT_.CONNOR................. Address .....................55...GARDEN---STREET j-___ AGAIilAM� MASS.----- 2. Name of Engineer or Surveyor -------._RHARMER__ENGINEERTNG..CORP..................... Address -----------------------39 MT_. TOM AVENUE HOl YOKE,__MA55 3. Deed of Property Retarded in ....-......HAP!IPDE....--__.... ............................. Registry- -------------------- Book 6 -----------------------2399 ---------Page ---- 230-•--------•----- 4. Location and Description of Property: Beginning et a point an the westerly line of North West Street at the South East corner of land of Ernest Scheedlich, Thence running S. 00a 521 15" E. A Distance of 172.17 ft. along North West• St. Thence running N. 790 32' 2011 W. A Distance of 161.90 ft. Thence running S. 10a 271 40" W. A Distance of 250.00 ft. Thence running N. 790 321 20" W. A Distance of 782.55 ft. Thence running N. 20a 16' 10" W. A Distance 0f 92.95 ft. Thence running N. 010 58' 3011 E. A Distance of 170.39 ft. Thence running N. 150 561 4011 E. A Distance of 286.79 ft. Thence running S. 79a 55, 001, E. A Distance of 685.81 ft. Thence running S. 800 09' 50" E. A Distance of 358.62 ft. Thence running S. 100 271 401' W. A Distance of 121.43 ft. Thence running S. 79a 321 20" E. A Distance of 128.08 ft. to the place of beginning. 7 '72 PM {Gc OF AGAWAM TOWh. :.!�ERK'S ng6�� Signature of owner . . ......... ......L. .......-........ � Address .....--.........Y.....�...._. As • • -� 2 0 '72T6WN OF AGAWAM, MASSACHUSETTS %S Board of Appeals �•i 10 9_ _3 No. ............................ 6 Filed ....... ................... TOWN OF AGmVVAM TOWN CLERK'S OFFICE Hearing ........................ APPLICATION TO BOARD OF APPEALS FOR VARIATION FROM THE REQUIREMENTS OF THE ZONING BYLAW Applicant: . 1.1VC Q N.T...f�....CO.A).NO.�......... ... Address: Application is hereby made for a variation from the requirements of Section...� ....... Paragraph.............. of the Zoning Ordinance, q j Premises affected are (a)`` ,known as NUMBER. ..t.z-�..k... ......Street; .N�.��............(b) �4? 3 r�p•.•.feet distant from the corner of ....LTQ R l,vU�.,.r.......Street Description of Proposed Building Eusting 1. Size of building:... .Z .......feet front: ..2/7 W.... ......feet deep. Height: .........'. ...stories. ......J-.� ...... .feet. 2. Occupancy or Use: (of each floor) WL ...................................... 3. Building Zone District: .P[.Z ........................ 4. Date of Erection: $.. .Z•••.•.•.•••..••.••••••.. 5. Has there been a previous appeal, under zoning, on these premises: .&P............................................... 6. Description of proposed work or use: &..isc>�X)y re..... ... .. w�......................................................................................... 7. The principal reasons upon which I Erase my application are as follows: .................................................. .................... � R?�..a.�....Gl ? . .�. .��- ... .�J.tt.oa....�. .u�.+�-�.... �.� ..�! ..... ....................7..c�I�..ra..... �T.tv�Q....�? Q.� ..t ...a.�!�- . ........... ....... ..Irr. r. Qau:? ......omC. ......... . 9\ / .................................. ........ .................................................. . ............................... ............... .......... ................................ —_ JAN < 0 1972 0> — .�.�� gyp~ Agg"am Bd.of Appeals 11 .... ......................... .... � Agawam, Mass. \� Signature of owner or his authorised Agent Notice:—This application must be filled out in ink or typewritten. t MAR 2 6 '71 AEI �OF Aaq y TOWN OF AGAWAM �, O 9� MASSACHUSETTS n �1� �;2 �3 BOARD OF APPEALS =4 6 MPy`1 DECISION OF BOARD OF APPEALS t Gb lI OF AGNUVAIV, TOWN CLERK'S OFFICE Date March 23, 1971 Petition of Vincent N. Connor Premises affected 135 Moore Street Case #723 The petitioner is seeking relief from the lot size requirements of Section 6 (7g) of the Zoning By--Law to permit the construction of a two (2) family dwelling on the premises known as 135 Moore Street. At a public hearing held on February 26, 1971, the petitioner explained to the Board he wished to construct a duplex, two family dwelling but would be unable to comply with the lot frontage and area requirements of the Zoning By-Law, therefore his request for relief. At an Executive Meeting held March 18, 1971 the Board reviewed the facts as presented and observed at an on site visit to the premises under consideration and noted in particular the following: 1. The parcel of land under consideration is described as a lot in the deed dated Mav 4, 1967, Raymond P. Stone, Jr. to Gail 13. Stone, recorded in Hampden County Registry of ➢eeds, Book 3255, Page 104. 2. Said lot appears as a separate parcel of land in the Town Assessor's records since 1929. 3. Several two family residences exist in the immediate neighborhood, as a matter of fact, a multi family dwelling is located immediately southerly of the premises. 4. The board reasoned that a literal enforcement of the Zoning By-Law would serve no purpose in contributing to the benefit of the neighborhood as the use of land directly across from the said premises for commercial parking purposes is much more detrimental to t the immediate area; the construction of a two (2) fatuity residence at this location would in no way substanitally be a derogation from the intent of the Zoning By-Law because other two (2) family homes in the immediate neighborhood appear to not meet the lot frontage and area requirements of said By-Law; said lot appears to enjoy the status of exemption from the Zoning By-Law granted to under-sized lots by Chapter 40A, Section 5A of the Zoning Enabling Act, Massachusetts General Laws. NIAR 2 b '71 Lo OF AQq� TOWN OF AGAWAM _2 ,�0 9 MASSACHUSETTS 3 _ ;J;Lee BOARD OF APPEALSTOM (Jr' AGAWAk s o9��AATEQ MPy�1 DECISION OF BOARD OF APPEALS TOWN CLERK'S OFFICE Data._ M%rch 23, 1921 Petition of Vincent K. Connor Premises affected . , . 135 Moore Street _ Case ##223 Page 2 5. Finally, the Board felt a literal enforcement of the Zoning By-Law would prove a financial hardship to the petitioner. If relief were not granted, the land would remain unused thereby creating such a hardship. Therefore, the Board of Appeals unanimously grants the petitioner a variance to the Zoning By-Lew with the following limitations: 1. The dwelling shall be erected so as to be no nearer to the street line than the adjacent multi—family house located immediately southerly thereof. 2. The structure shall not exceed thirty (30) feet in width. 3. Petitioner must provide parking space for (4) automobiles. No parking facilities shall be provided directly in front of the dwelling and no parking facilities shall be provided at arq point closer to the street thanthe line of setback of the building. 4. The petitioner shall provide the Building Inspector a detailed site plan showing the location of the ckelling on the lot and must meet all other requirements set down by the Zoning Ay-Laws and the Building Inspector, prior to issuance of a building permit. J - `I-71 BOARD OF APPEALS MEET* NA), g , 1972 r.ti .r r ■I�I.Y R�-Tll.i Executive Session 9 :45 p.m. Case 9751 Vincent M. Connor 131 North Street Attending : T.A. Progulske , Chairman Jerry L. Zerra, Member J. P. McMahon, Jr. , Clerk The Board reviewed the evidence presented at the publice hearing held on March 1 , 1972 , also discussed the observations noted at "onsite"visits by each Board member. Such review resulted in the following priTicipg,rx deductions : 1. The premises seems to enjoy the status of an "exempt lot" as described in Section SA of the Zoning Enabling Act , Chapter 40A, of the General Laws of the Commonwealth, 2 . The premises lacks only the lot frontage measurements by a small degree , meeting all the other minimum requirements of the Zoning By-Laws ,-1-therefore , any relief granted would be without substantial detriment to the public good. 3. A special condition has been created on the premises by a change in the said Zoning By-Laws , thus inflicting a substantial hardship on the petitioner if the Board were to make a judgment of literally enforcing the provisions of said By-Laws . , 4 . Several residences in the area were noted to beerected on lots with substandard: lot frontages or areas , thus the Board judged that any relief afforded the petitioners would not nullify or substantially derogate from the intent or purpose of said By-Laws . Therefore , the Board of Appeals voted unanimously to grant a variance as petitioned subject to the following conditions : 1. No parking facilities shall be provided directly in front of the residence . 2 . The petitioner shall provide the Building Inspector proof that a "Notice of Variance" furnished by the Board has become a matter of record in Hampden County Registry of Deeds or in the Land Court of Hampden County, whichever prevails , before a building permit is issued. 3. Finally the petitioner shall provide the Building Inspector a detailed site plan showing the location of the dwelling on thepremises which must meet all the requirements , excepting the lot frontage measurements , set down by the existing Zoning By-Laws , prior to the issuance of a building permit. Adjourned 10 :00 p.m. Respectful\_ll-(,y�} submitted � �� J. P, McMahon, r. , Clerk HOARD OF APPEALS MEETING _ ` March 1, 1972 The following members sat at the 7:30 P.M. Hearing: T. A. Progulske, Chairman Jerry L. Zerras Associate Member J. P. McMahon, Jr., Clerk Appeal of Vincent M.,Connor, 121,Ngrth Street Case #751 The petitioner is seeking a variance from the lot frontage requirement of Section 5s ' paragraph F of the Zoning By-Laws to allow the construction of a single family residence on the premises known as Lot 3, 131 Narth Street. Five (5) arsons attended the hearing. The Chairman first introduced the Board memberst then read the published legal notice, there were no questions, and finally explained the procedures followed during the Board's public meetings. The petitioner at the request of the Chair then explained that he had previously erected two (2) homes in this area an lots that conformed to the Zoning By-Laws, the other lots having had a frontage of one hundred (100) feet but the present Lot 3 had only a frontage of ninety-seven (97) plus feet and the said By-Lams would not let him build thereon. The Clerk then asked and received the following answers from the petitioner: 1. Was Lot #3 a separate lot and, if so, who was the oirner previous to 1956, the date a plan was filed in the Land Registration office? Answer: "X do not know." 2. What is the air space between the proposed dsfelling and nearest structures on either side thereof? Answer: "x will show you on plot plan I have filed." He then marked on said plan a distance of fifty-five (55) feet to residence on the east and thirty-five (35) feet to detached garage on the west. 3. Hby is setback shown as forty (40) feet when Zoning requires only thirty (30). Answer: "I grant to keep in line with new house just completed on Lot #2." k. Do you know the frontage measurements of other lots in the immediate area, say across on North Street? Answer: (No." The Chair then explained the lot requirements in Section 5 of the Zoning By-Laws. He then inquired if anyone wished to speak on behalf of the petition. There was no response. The Chair then called for any opposition. Roger Cloutier, 143 North Street, "When he builds even sixteen (16) feet ofif ny lot line, he will be awfully close to my garage which is only five W or six (6) feet off the same line." The Chair, "The air space will total thirty-five (35) feet according to the petitioner." Cloutier, U he holds to intended setback he will be array off from the front line of qr house." The Chair, explained petitioner intended to maintain setback of new house on Lot #3. BOARD OF APPEALS XMING March 1, 1972 Ah • Page 2 Cloutier, "For looks sake he might build alosser to street." The Chair then eVlained that no doubt the builder that constructed Cloutier's house went by the By-Lair which was Less restrictive. Cloutier, "Can he build on a lot with a frontage of less than one hundred (100) feet?n The Chair then stated under certain conditions the Board had the right to grant a variance as permitted in Chapter 40A of the General Laws of the Cocmonwealth. A general discussion followed using the Land He$istration Office plan as a basis. The Chair pointed out that the plan showed three (3} lots, hard to tell if this land had been one contiguous piece of property, or not„ There was land enoughtto locate legally two lots. The Chair then requested other comments. Member Zerra, "Do you plan an attached garage? No provisian for such shown on plan." The petitioner, "No garage is planned at the present time. A driveway is planned on the left hand side, that is why house is to be built on one side of lot to accomodate driveway." Member Zerra, "There appears to be plenty of room for setback ofor garage." The Chairman then explained the three (3) basic rules governin[, the Board's decision, stating such decision had to be unanimaus and that one negative vote would defeat granting of petition. he further explained it was up to the petitioner to prove a hardship if variance were denied. Everyone having been heard the Chair finally asked the petitioner if the acquisition of the property (petitioner held a Buy and Sell Agreement on premisesO was subject to decision. The petitioner replied in the affirmative and stated he would lose his deposit if he did not go t hrough with purchase. Member Zerra, "Present owner appears to be from out of town, do you know if he ever applied for a permit to build here?n Connors "I do not know." The Chair noted the date of the agreement; stated no correspondence on the petition had been received; explained how a panty aggrieved by the Board's decision might seek relief and finally remarked that a copy of the decision might be obtained by leaving name and address with the Clerk. AdJ our nod at 7:55 P.M. Respectfully submitted, J. P. McMahon, Jr. lark Minutes received - 3/20/72 Minutes typed " 4/1.9/72 Pdinutes to Mr. Caba - Decision received » 3/20/72 Decision typed - 3/20/72 Decision Mailed - Registered Mail - 3/22/72 n—^4a4nn to %tv- rnhn — 3�77�77 BOARD OF APPEALS 14EETING February 26, 1971 The following members were present at the 7:30 P. I. Meeting: T.A. Progulske, Acting Chairman John J. Juliano, Associate Member J:P. HcMahon, Jr., Clerk AEpeal of.Vincent 11. Connor, 135 Moore Street Case #723 The petitioner is seeking relief from the lot size requirements of Section 6 (78) of the Zoning By-Law to permit the construction of a two (2) family dwelling on the premises known as 135 Moore Street. Four (4) persons attended the hearing. The Chair first introduced the Board members, secondly read the published legal notice of the meeting, to which there were no objections,and finally explained the rules of procedure followed during the Board's public hearings. The Chair called upon the petitioner to present his case. The petitioner stated he wished to erect a two (2) family residence, thirty (30) feet longby twenty-eight (28) feet deep, aluminum siding, similar to the house he had erected on Royal Street, which he felt imprc.ved ti.e looks of said Royal Street. He further stated that Stellaws parking lot was directly across Hoore Street, and a three (3) familyrresidence southerly of his proposed dwelling. In addition, a row of hemlock trees along the rear lot line of the residence northerly thereof, shielded same from his proposal. The Chair, "What is the area of the parcel?" The petitioner, "This lot having a frontage of sixty-seven (67) and thirteen (13) one hundredths feet is better than Royal Street. The area is around sixty-four (64) hundred square feet." The Chair, "We do not seem to have a complete deed here, who is the owner of the land?" The petitioner, "Gail I. Stone, is the recorded owner, transfer of the property to me is subject to the outcome of to-nights' hearing." Member Juliano, "What about the acqueduct rights mentioned in the Stone deed?" A general discussion of the acqueduct followed. The petitioner had no knowledge of any pipe across the parcel in question. It was surmised that the lot in question was originally part of the Cooley tract and that an acqueduct which is known to have run from the Agawam Shopping Center to one of the paper mills was located across another part of said Cooley land and thLlssby reference became part of the said Stone deed. The Clerk of the Board then inquired if the lot in question was a recorded lot and could the petitioner prove a hardship to justify the granting of a variance. The petitioner, "I don't know if lot is recorded. If lot cannot be used for building it will become wasted land and a tax burden to the owner, further more, it is zoned 'Business' ." • BOARD OF APPFAIS MMING February 26, 1971 Page 2 Again a general discussion took place between the Board and the petitioner whether the land was zoned Residential "B" or Business. It was finally determined the zoning thereof was Residental "B". The Clerk then inquired what the air distance between the proposed dwelling and the two abutting residence would be. _ The petitioner, "The distance to the three (3) family residence will be approximately thirty (30) •feet. I will have to ask 14r. Curran, the other abutter, how far his house id from the common lot line." (Mr. Curran, who was present furnished "approximately twenty-five (25) feet"). The petitioner, "Then the air distance on this side would be fifty (50) feet." (Mote, eighteen (18) feet six (6) inches plus twenty-five (25) feet totals approximately forty-four (44) feet). The Clerk stated it was noted that the said three family dwelling was only about six (6) feet back from the front property line. Was there some particular reason why the proposed dwelling was shown with a thirty (30) foot set back?" The petitioner stated he had discussed this point with the Building Inspector and it was determined that without the porch which appears on the said three (3) family structure, the two houses would be more or less in line. The Chair then called on anyone else who wished to speak in behalf of the petiticn. No one responded. He then asked for objections to same. Mr. Donald P. Curran, 79 Ottawa Street, "I am the abutter to the north, my main objection is that the lot in question is too small resulting in the proposed house being close to my property line. When the lot was used for the sale of used cars that was acceptable, but with a house going in our privacy will disappear." tars. Curran, "I agree with my husband and object to the proposed construction." The Chair then called upon the petitioner for a closing statement. Petitioner, "I only want to state that proposed construction willbbe eighteen (18) feet from Mr. Currants back lot line." Mr. Curran, "We have a swimming pool in the back yard which will be seen from the second floor of any proposed dwelling which means losing the privacy we enjoy now." The Chair remarked there were no communications for or against the petition. He theri stated a copy of the Board's decision could be obtained by leaving name and address with' the Clerk of the Board. Finally the Chair recited the rights of any person aggrieved b}-;.a decision of the Board and adjourned the meeting at 7:55 P.M. Respectfully sui ted, V) e,�.L�,�t�r Joseph P. McMahon, r., Clerk Copy of order, please to Donald P. Curran, 79 Ottawa Street Minutes received — 3A/71 Minutes typed — 3/19/71 Minutes to Mr. Caba — Decision received — Decision typed -- Decision mailed --- Decision to Mr. Caba — FqQ • • ,9 2 '71T.OWN OF AGAWAM, MASSACHUSETTS 14-le 12 Board of Appeals 9 �AATED M 8r". No. ............................ Filed ...... TOWN of AGAW M- Hearing ...... ............. ..... TOWN CLERK'S OFF' CE APPLICATION TO BOARD OF APPEALS FOR VARIATION FROM THE REQUIREMENTS OF THE ZONING BYLAW Applicant: ...........YiAWRt.C.QPAQ:r ................. Address: .......55..Q rAgTk.4r1P.%...................... Application is hereby made for a variation from the requirements of,Section......6......... Paragraph......`,g........ of the Zoning Ordinance. Premises affected are (a) known as NUMBER ......135 ......Street; ...:...MQ=e..........(b) ......ZQQ-� ..feet distant from the corner of .......kAPle...............Street Description of Proposed Building 1. Size of building:..........3R!....feet front: ... ......feet deep. Height: ..........tVq. ..stories: .........24.1..... .feet, 2. Occupancy or Use: (of each floor) ..............Nelli,119...... ................................. .................... 3. Building Zone District: .................. 4. Date of Erection: ........Future........... ..... ..... 5. Has there been a previous appeal, under zoning, on these premises: .......Ala........................................... E. Description of proposed work or use: ...I...... .... .................I........... 7. The principal rearnns upon which I base my application are as follows: ................. ....... .......$1�3.1caag .Insps�ctoz�.z'eusd.Rerult... .Lot does not comp�.Y . 7, k� .BTe�eY.�Q • r.'.`r ..................................................... ....... ......... ........... ............... ...., . + ............................... .............................................................. .......' .......................... ........ ...M, ..,.............. ....................... AGA`NAM BUILDING DEPT. Signature of owner or his authorised Agent Notice:—This application must be.filled out in ink or typewritten. FA qVice 4 PLANNING BOARD AGAWAM, MASSACHUSETTS z �ooRPyN1 September 2, 1970 Mr. Edward Caba Town Cleric Agawzm, Mass. Re: Connor Royal Street #743 Dear Mr. Caba: The Planning Board signed plans for the above on August 31, 1970. Very truly yours, Roy njamin, Chairman RB:hal P Z 70 047 I� ,,12 .11 ell, +1 T/7" ' fj�r�r FORM A 04t 9�3 APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File one completed form with the Planning Board and one copy with the Town Clerk in accordance with the requirements of Section II-B. Agawam, Mass. . . . . . . . . .. . 19. . . . . . 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 . . . . . Vincent M. & Noreen Connor . . . . . . . . . . . . . . . . . . . . ... . .. . . . . . . . . . . . . . . Address . . . .55.Gardea Street,.Feeding .Hills,.Mass... . . . . . . . . . . ... . . ... . . . . 2. Name of Engineer or Surveyor . Albert.E.. .Nichols & Asson. .,. Inc.. . . . . . . . . . . . . . . . . . . . . . . . . A,d'dress . . . . .. . . . .60. Jackson .Steet,.Hnlyoke, .Maas. . . . . :... ... . . . . .. . . . ... . . . 3. Deed of(property recorded in . . .Hampolen. Goumty. . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . Registry, Book . . .3496. . .. . . . . . . Page . . . . .1?7. . . . . . . . . . . . . . . ... . . . . . . . . . .. . . . ... . . . . . . . . 4. Location and Description of Property: Lot 42, 22Royal Street described as follows: Beginning at a point on the portherly side of Royal Street, said point being approximately 168,00' from the intersection of the northerly line of Royal Street and the westerly line of Rowley Street, and running thence N35 57' 0011W along land of Pickett a distance of 100.00" to a point; then running s 54 03' 00" W abog distance of 50.00" to a point; thence running I* S 35 57' 00" E along land of Daganeau a distance of 1001.000 to a point ; thence running S 54 03' 00" W along thenortherly side of Royal ST. a ALG 3 n 70 AM distance of 50! 00" to the point of beginning. 3 ,.F AtaMAM Signature of owner . . . . ... . . . ... . . . . . OFFICE Address . . . . . . ... . .. . . . . . . . . . . . . . . . ... . . . . .. . . . 43 TOWN OF AGAVWAM AGAWAM, MASSACHUSETTS lip M* Office of the Planning Board May 13, 1970 Mr. Edward Caba Town Clerk Agawam, Mass. Re: Vincent & Noreen Connor Form A 22 Royal Street Lot 42 #743 Dear Mr. Caba: The Planning Board signed plans foir the above on May 13, 1970. Very truly yours; Mha' an RB:hal r , 3 TMI +3: -2 a- ,� 73 ; 4 -TQW iv AW AM TOWN CLE-RK'S OFFICE . FORM A • v-7 43 APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File one completed form with the Planning Board and one copy with the.Tom Clerk in accordance with the requirements of Section II-B. Agawam, 31a."M . . . . . . . . . . . . . ... 19. . 70 . To the Planning Board: The undersigned, believing that the accompanying, plan of his property in the Ton n 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 . . . . Vincent M. & Noreen Connor , Address .. . 5.5. ,Garden St. , Feeding Hills, Mass,. . ... . . . . . . .. 2. Name of Engineer or Surveyor Albert E. Nichols & Assoc., Inc. . Address . . . .. . . . . 60 Jackson St. , Holyoke, Mass. .. .. . . Hampden County 13. Deed of property recorded in . . . . . . . . . . . .. . . . . . ... . . . . . . . . . . . . . . . . . . . . . . .". . E?. . ..70.pLf Registry, 127 Book . . 3496. . . . . . . . . . . . . Page . . . . . . . . . . . . . . . . . . . . . . . . . . . t2. A �2 4. Location and Description of Property: 9= 8= '3 Lot 42, 22 Royal Street described as follows; Beginning at a point on the northerly side Tf''`#AlQ&4r &, point being approximately 168.001 from the interseT01/dh pfHP,�ie� eky line of Royal Street and the westerly line of Rowley Street, an r Ining thence N 350 571 0011 W along land of Pickett a distance of 100.001 to a point; thence running S 540 031 0011 W a--distance of 50.001 to a point; thence running S 350 571 0011 E along land of Daganeau a distance of 100.001 to a point; thence running S 540 031 00T1 W along the northerly side of Royal Street a distance of 501 to the point of beginning. Signature of owner Address . . .. . . . .. . . . . . . . . . . . . . . . . .. .... . . . . . . . . �J3 TOWN OF AGAWAM t AGAWAM, MASSACHUSETTS �1 Rl'ED MP Office of the Planning Board April 28, 1970 Mr. Edward Caba Town Clerk Agawan, Mass. Re; Connor Form A 22 Royal Street #743 Dear Mr. Caba; The Planning Board rejected plans on the above on April 27, 1970, due to lack of legal description. Very truly yours, Acting Chairman AC:hal APR 2 8 70 AM !fir-„! -1i 6 J TOWN OF AGAWAM TOWN CLERK'S OFFICE • FORM A • 3 7 APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL C�- File one completed form-with the Planning Board and one copy with the.Torn Clerk in accordance with the requirements of Section 11-B. Agawam, Mass. AN ri1 17. . . . . ... 197P . . . To the Planning Board: The undersigned, believing that the accompanying plan of his properly 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 . . . . .Vincent M. & Noreen,E.. Connor. . . . . . . . . . . . . . . . . . . . . .. . . Address . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . ... . . . ... . . . . . 2. Name of Engineer.or Surveyor . . . Albert E. Nichols and Assoc., C. Address . . . . . . . . . . . .60 Jackson St., Holyoke, Mass .. . . . .. . . ... . . . . .. . . . ... . . 3. Deed of property recorded in . . .H020 . .q9l YW . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . Registry, Book . .3496. . . . .. . . . . . . Page . .ln. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 4. Location and Description of Property: Lot 6, located on the Southeast side of Springfield Street, 270.66' Southwest of Rowley Street, and Lot 42, located on the Northwest side of Royal Street, about 118' Southwest of Rowley Street. T11- co AN 70 a 91 S APR 221970b> Agawam Planning Poard ' r" ', Agawam, Ata��. \GAWAM Signature of owner . TOW". AMCr Address . .�y . . a • . . .f T0WN OF AGAWAM t N: AGAWAM, MASSACHUSETTS 1� Office of the Planning Board May 13, 1970 Mr. Edward Caba Town Clerk Agawam, Mass. Re: Connor Form A 331-333 Springfield Street #742 Dear Mr. Caba: The Planning Board signed plans on the above on May 12, 1970, Very truly yours, Cha an RB:hal r FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File one completed form with the Planning Board and one copy with the Town Clerk in accordance with the requirements of Section 11-13. 70 Agawam, Mass. . . . . . . . . 19. . . . 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 . . . .V.incent.9,. &.V9r:ggk1.R .QQMw? '. . . . . . . . . . . . . . . . ... . .. . . . . . . . . . . . . . Address . .55. Garden St..,. Feeding. Hills,. Mass.. . . . ... . . . . . . . . . ... . . . ... . . . . . 2. Name of Engineer or Surveyor . ,. Albert E. Nichols & Assoc., Inc. Address . . . . . . . . .6Q. HolYgkp. . . . . . . . . . . . . . . . . . .. .. . . . . ... . . . ... . . :3. Deed of;property recorded in . . . . . .. . .Hampden .County;. . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . Registry, Book . .3.496, . . .. . . . . . . Page.. .1.27. . . . . . . . . . . . . . . . . . .. . . I . . . . . . . .. . . . . . . . . . . . . . 4. Location and Description of Property Lot 6 331--333 `'pringfield Street, Agawam, described as follows: Beginning at a concrete bound said bound being 270.66+ fran the intersection of the southerly line of Springfield Street and the westerly line of Rowley Street thence running MW, S 35 57, 00" E, a distance of 100' to a point, thence running S 540 03' 00" W a distance of 501 to a point; thence running N 350 57' 00" W. a distance of 100t to an iron pin; thence running N 540 031 00" E a distance of 50' along the southerly line of Springfield Street to the point of beginning. 6 "MAN (8 . Signature of owner To Wj, f; WAM TOM0.f •t,,ICE Address . ... . ....... . . . . . . . . . . . . . .. . ... . . . . . . . . TOWN OF AGAWAM '44 _"1 AGAWAM, MASSACHUSETTS "aMA. Office of the Planning Board April 28, 1970 Mr. Edward Caba Torsi Clerk AgawaUn, Mass. Re: Connor Form A 331-333 Springfield Street #742 Dear Mr. Caba: The Planning Board rejected plans on the above on April 27, 1970, due to lack of legal description. Very truly yours, a4zt'14- 4uv--��' Acting Chairman AC:hal APR 2 8 '70 AM 12 �yy IFit<llt,� TOWN OF AGAWAM TOWN CLERK'S OFFICE • • fEB 2 7 -70 AM of aQa TOWN OF AGAWAM 12 y MASSACHUSETTS Io P12 BOARD OF APPEALS ��QA MPy�1 DECISION OF BOARD OF APPEALS ~--�--' Tows ;; e SWAM m%tirnr OFFICE Date Eebruarm, 23_ 1920 Petition of Premises affected The petition of Vincent M. Connor requested relief tram the lot coverage requirements of Section 8 (d) of the Zoning By-Law to permit the construction of a two (2) family dwelling on the premises knmm as 20 Royal Street. At a public hearing held on Wednesday, February 18, 1970 the petitioner explained to the Board he wished to construct a duplex or two family dwelling but would not be able to comply with the present By-law setback$ side yard, lot frontage and area requirements therefore his request for relief. At an Executive meeting held the same evening, Wednesdays February 18s 19700 the Board reviewed the facts of the case and noted in particular the following: Reasons for the Decision: 1. The lot under consideration (Lot #42) is shorn on a plan of "Poplar Park" recorded in Hampden County Registry of Deed, March 25s 1925s Book of Plans Vp Page 50s 2. Said lot is zoned Business "A" which gllows the installation of general retail establishments including gasoline filling stations. 3. To the rear of said lotp also included in Business "A" zones are several multi-family dwellings. Adjacent to said lot is a two (2) family residence Down as 16 & 18 Royal Street. The balance of the dwellings on the even numbered side of Royal Street appear to be two (2) family in nature. Im ned3ately across the street from said lot are several single family hoes, 4. The Board reasoned that a literal enforcement of the Zoning By-Law would serve no purpose in contributing to the benefit of the neighborhood as the erection og a commercial establishment as allowed by said By-Law would be much more detrimental to the immediate residences; the erection of a two (2) family residence at this location would in no way substantially be a derogation from the intent of the Zoning By-Law because many of the surrounding homes in the area are two (2) family hones which do not meet the said setback, side yards lot frontage and area requirements; said lot does not enjoy the status of exemption from the Zoning By-Law granted to undersized lots by Chapter 40A, Section 5As of the Zoning Enabling Act, Massachusetts General Laws. �OFAQq TOWN OF AGAWAM FEB 2 r '70 are MASSACHUSETTS � F +� '�' BOARD OF APPEALS 9 9P�AAhOPy DECISION OF BOARD OF APPEALS �•, s TOWN ( - AGI,vVVh'�l Date _Febrp= 23,IWO Petition of Vincent 14. Conncr Premises affected 20 Royal Streets Agawam, Y.ass. Cane b97 Page 2 5. Finally the Board felt a literal enforcement of the Zoning By—Law would prove a hardship to the petitioner. If the petition was not granted, land would lay idle thereby creating a financial hardship on theoovner. Thereforef the Board of Appeals unanimously grants the petitioner a variance to the Zoning By-Jew i With the following limitatfomsi s 1. The dwelling shall be erected so as to be no nearer to the street line than the adjacent residence known as lb & 18 Royal Street. 2. The structure, whether of a duplex or two (2) family design shall not exceed 30 feet in width. 39 Side yard measurements sha.111 be 8 feet and 12 feet respectively. 4. Petitioner mwst provide parking space for (4) automobiles. No parking facilities shall be provided for directly in fronLoof the dwelling and no parking facilities shall be provided for at azW point closer to the street than the line of setback of the building. 5. The petitioner shall provide the Building Inspector a detailed site plan shaming the location of the dwelling on the lot aswell as side lot clearance as outlined herewith and mist 'meet all other requirements set down by the Zoning By—Laws and the Building Inspector.prior to issuance of a building permit. �• �✓"`�TN lJtGldn I.iKL'l l��G�OJM�Or z z� '�Q ��~ • 2' / Zr/70 ,L a2/ 07 0 BOARD Of APPEALS MMI TING 18, 1970 i 4rc Executive Session 9:20 P.Y1. Vincent M. Connor Case ##697 Attending: B. Edward Dandah Chairman T. A. Progulske J. P. Mcl fa.hon, Jr., Clerk The Board considered all the facts presented at the public hearing held earlier the same evening and noted the following pertinent data: 1. The lot in question is located in a "Business All zoned district. 2. To the rear of said lot, also included in the same "Business All zone, are several multi-family dwellings. Further, adjacent to said lot is a two (2) family residence known as Ib €: 18 ktoyal Stree and the balance of the residences on the even numbered sid3 of o al Street appear to be two (2) family construction. 3. If the land could not be so utilized and continued to lay idle a financial hardship for the petitioner would result. k. A literal enforcement of the Zoning Bar-Law would serve no public good as the erection of a commercial building as allowed by said By-Lawn would be more detrimental to the immediate neighborhood. 5. The erection of a two (2) family residence at this location would in V no way substantially be a derogation from the intent of the Zoning By-Law as the existing two (2) family homes in the area do not meet the said By-Lail requirements entirely. Therefore, the Board voted unanimously to grant the variance as petitioned with the following limitations: 1. The duelling shall be erected so as to be no nearer to the street line than the adjacent residence known as 16 & 18 iloya1 Street. 2. The structure, whether of a duplex or two (2) family design shall not exceed 30 feet in width. 3. Side Nard measarements shall be 8 feet and 12 feet respectively. 4. Petitioner must provide parking space for (4 automobiles. No parking facilities shall be provided for directly in front of the dwelling and no parking facilities shall be provided for at any point closer to the street than the line of setback of the building. 5. The petitioner shall provide the Building Inspector a detailed site plan showing the location of the rhielling on the lot as well as side lot clearance as outlined herewith and must meet all other requirements set down by the Zoning By-Laws and the Building Inspector prior to issuance of a building permit. Adjourned at 9:30 P.M. Respectfully submitted, J. P. ii cl-lahon, Clerk BOARD OF APPEALS MEETING , eruary 18, 1970 Executive Session 9:35 P.M. William C. Young Case /#698 Attending: B. Edward Dandah, Chairman T. A. Progulske J. P. McMahon, Jr., Clerk The Board reviewed very thoroughly all theevidence presented by the petitioner at the public heaning held earlier the same evening and noted in particular the following pertinent facts: 1. The location under consideration is in a Business "A" district and because the petitioner wishes to utilize an existing residence for office space and build an addition thereto, he cannot meet the "setback" requirement of the Zoning By-Law. 2. The existing structure has a setback measurement of twenty-five (25) feet which coincides with that of the abutting residence known as 54 Suffield Street. 3. Detailed architectural plans of the altered structure displayed a colonial residential exterior that would be compatible with the residences in the area. 4. Moving of the existing structure to the rear to provide the proper setback would create a financial hardaiiip for the petitioner and furthermore limit the parking of vehicles in the rear due to the existence of an open brook in the rear of the site. The Board is sensitive to the traffic flow now existing on Suffield Street and is against any parking on the front portion of said land which would provide any conflict to said flog of traffic. The Board finally reasoned, based upon all the facts, that a denial to the petitioner would inflict a hardship upon him and mould serve no public good; the design of the altered structure would maintain the residential character of the immediate area and no injury to the neighborhood thus could be anticipated; finally, relief to maintain a structure of residential appearance in a Business "A" district would not substantially derogate from the intent of the Zoning By-Law. Therefore, the Board of Appeals voted unanimously to grant the variance as petitioned with the follondxg stipulations: 1. No parking facilities shall be provided for directly in front of the finished building and no parking facilities shall be provided for at any point closer to the street than the line of setback of said building. 2. Any construction to be undertaken on the location that will in any manner directly or indirectly, affect the brook that flows through the land shall first have the apprdval of the Town Engineer's office, Agawam. 31. The petitioner shall provide the Building Inspector a detail site plan showing the location of this addition on the lot as well as side lot clearance, and must meet all other requirements set darn by the Zoning By-Law and the Building Inspector prior to issuance of a building permit. Adjourned at 10:15 P.M. Respectfully submitted, -V\�� \,I 0,A J. P. McMahon, Jr. Clerk B OARD OF APPEALS MLETltdCia • February 18, 1970 The following members were present at the 8:00 P.M. Meeting: B. Edward Dandah, Chairman T. A. Progulske, Vice Chairman J. P. McMahon, Jr., Clerk A2peal. of Vincent M.-Connor, 20 R al Street Case #627 The petitioner is seeking a variance from the lot size requirements of Section 8 (d) of the Zoning By-law to permit the construction of a two (2) family dwelling on the premises known as 20 Royal Street. Six (6) persons, including the petitioner attended the meeting. Mr. Dandah explained how initially, through error on the part of the Assessor's Office, notices of the hearing were sent to abutters of the petitioner's home address, 55 Garden Street. This error was rectified and later notices were sent to the interested parties involved in the Royal Street location. The Chair then introduced the members of the Board and explained the rules governing the conduct of the meeting. He then read the newspaper legal notice and no objections were stated. The petitioner then stated his case as follows: 1. -Explained that two (2) family dwellings now exist is the immediate area. 2. Would erect either a so-called two (2) family or duplex type of residence. If duplex, the structure would be 2 feet narrower. Arthur Daigneau, 18 Royal Street, asked in what rental price range was Mr. Connor planning. Petitioner answered "$150.00 per month, per apartment." Arthur Sosville, 54 Charles Street, spoke in favor of the petition, stating that the location was zoned Business "A=' and due to all residential construction in the immediate area an additional residence would prove less of a nuisance than a possibility of a commercial installation. Mrs. John Ayers, 17 Royal Street, questioned how the abutters could be assured a dwelling such as described by the petitioner would be erected if Mr. Connor decided not to build after receiving a variance and conveyed the property to others. The Chairman explained to Firs, Byers that if a variance were granted it would "run with the land" and any successor building a residence would be held to same, he further explained somewhat in detail the purpose of the Zoning By-Law. Mr. Connor reiterated his intention to erect a two (2) family dwelling. Mr.Progulske stated the Board's decision would be in written form and a matter of public record. Air. Gerrard J. Maynard, 19 Royal Street, explained that the location of the driveway to serve the proposed residence was important, especially in winter, As the owner of the residence opposite the property under consideration he hoped driveway might not be opposite his driveway for convenience sake. Not a complaint, however. BOARD OF APPEALS MEETING0 • February 18, 1970 Page 2 Mr. Progulske read Section 8 of the ''Zoning By-Law so that those attending would be familiar frith Business "A" particulars. Mr. aosville then reminded the abuttors that Business "A" Zoning alloyed one to bpild from lot line to lot line. alo one spoke in objection to the petition. Upon request of the Chairman, Mr. Connor made his closing statement by declaring he trould definitely build a two (2) family dwelling or duplex structure, two bedroom apartments. The location of the drivetray has not been established as yet---it can be located an either side of the duelling. The Chairman then explained the rights of anyone aggrieved by a decision of the Board, also, anyone who wished a copy of the decision in this case notify the Clerk of the Board after the meeting. Adjourned at 8:25 P.M. The following requested a copy of the decision: Arthur Sosville 54 Charles Street Arthur Daigneau 18 Royal Street Mrs. J. Ayers 17 Royal Street G. U. Maynard 19 Royal Street Respectfully submitted, Joseph P. McMahon, Jr., C erk Minutes received - 2/23/70 t4inutes typed..- 3/3 70 Minutes to ter. Caba - Deeision received - 2/23/70 Decision typed - 2/23/70 Decision to Mr. Caba - 2/27/70 Decision Mailed - Registered Xail -- 2/25/70