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B TOWN OF AGAWAM 3 6 MAIN STREET AGAWAM,, MA 01001 DECISION OF BOARD OF APPEALS 1 Petition of. James and Gina Baldyga Premises affected: 17 Hampden Lane Rate: January 28, 2008 Case#: 1812 I W The Agawam Board of Appeals conducted a public hearing and meeting on January 28,2008 at the Agawam Public Library Conference Room, 750 Cooper Street, Agawam,MA for all parties interested in the appeal of James and Gina Baldyga,who are seeking a Special Permit in accordance with Section 180-71 of the Zoning Ordinances, which would allow for the construction of an addition on a dwelling found to lie within the flood plain at the premises identified as 17 Hampden Lane. l After the public hearing and after a thorough review of the facts presented,the Agawam Zoning Board of Appeals made the following findings: 1. The subject property is located in an area of Town zoned Agricultural. 2. The subject is located in the five hundred year(Zone B) flood zone as identified by HUD Flood Map 250133-002A. 3. The petitioner is seeking to build a second story addition onto the existing one story home on the subject property. 4. Section 180-71, Paragraph H states"new construction or substantial improvements of residential structures within the Floodplain Zone will have the lowest floor(including the basement) elevated to or above the level of the one-hundred-year flood". 5. The proposed addition will be a second story addition and therefore will be above the level of the one-hundred-year flood. 6. The petitioner states that the cost of the proposed addition exceeds fifty percent(50%) of the assessed value of the existing dwelling. 7. Section 180-2 defines substantial improvements as an improvement of a structure,the costs of which equals or exceeds fifty percent(50%) of the assessed value of the structure before the improvement is started. 8. Section 180-69, Paragraph D states "no building permits for substantial improvements shall be granted unless a special permit is granted by the Board of Appeals". 9. The proposed addition will meet all zoning requirements. 10.No opposition was expressed at the public hearing nor received in writing by this Board. 11. The site is an appropriate location for such a use. 12. The use, as developed, will not adversely affect the health, safety or property values of the neighborhood. 13. There will be no nuisance or potential hazard to vehicle or pedestrian safety. ! 14. The proposed use is not considered so objectionable or obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood. DECISION (p.2) James and Gina Baldyga Case 4 1812 - Based on its findings,the Board is of the opinion that it is within the authority of the Zoning Board of Appeals to grant a Special Permit as stated under Section 180-69, Paragraph D of the Zoning Ordinances. Now,therefore, by a unanimous vote of its three members,the Agawam Zoning Board of Appeals hereby grants the petitioner a Special Permit to allow for the construction of an addition to a residential dwelling with the following conditions: 1. The proposed addition shall be constructed according the plan drawn and stamped by Paul Smith, professional Land Surveyor, 319 Shaker Road, East Longmeadow, MA, dated November 10,2007 and signed by the members of this Board. 2. All zoning and building requirements are to be met. 3. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special Permit'form, which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. 4. This Special Permit shall become null and void if construction does not commence within two (2)years from the elate of this decision. This decision is subject to appeal in accordance with M.G.L.Ch. 40A, Section 17 within 20 days after this decision is filed with the Agawam Town Clerk. ltP.:c� Doreen Prouty 1130114$v Gary Suffriti Z-a~° S Joseph Conte f*"","----"-,"",'ll""II-111,1111*11,ll,"-"",""I....................... ..................................... A�)Y 45-4 FrWOMCF,USE ONLY TOWN OF AGAWAM 36 MAIN STREET Case#: AGAWAM, MA 01001 Filed: _ BOARD OF APPEALS Hearing: 1 Expires: ................ ......................................................................................... Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and other By-laws. Applicant IF Address 17 IlAht� 01ctl LeLlLt!�. Application is hereby made for a SPECIAL PERMIT as provided by Section Paragraph 7-/ of the By-law. Premises affected are situated on' #at-YLPq(e-& Street; feet distant from the corner of 6::XeYL&a-1C _Soad Street and known as street number Property is zoned as Reason(s) for request of Special Permit: 40 /V E tj Signature of owner or his authorized agent: Telephone #: NOTICE: THIS APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN Bk 16969 Pg271 . #81295 • 10--12-•-20rD7 @ 10: 1 B� KNOW ALL MEN BY THESE PRESENTS,that We,ALBERT F. GAGLIARDUCCI,JR. —+ v and ROSEMARY T.GAGLIARDUCCI, of 17 Hampden Lane,Agawam,Massachusetts d v r, For consideration of Two Hundred Sixty Nice Thousand Nine Hundred and rio/cents rn -3_ ($269,900.00) DOLLARS -0 Grant to JAMES P.BALDYGA and GR VM.BALDYGA of 14 Minuteman Lane,Oxford, Massachusetts,as Husband and Wife as Tenants by the Entirety oa c— with Warranty Covenants Certain real estate situate in Agawam,Hampden County,Massachusetts,being designated as Lot 7(seven)as shown on the plan entitled"AGAWAM,MASS. SUBDIVISION PLAN, HAMPDEN FIELDS FOR FRANK SOLITARIO..."as recorded in the Hampden County Registry of Deeds in Boob of Plans 154, Page 12 and 13,said lot being bounded and described as follows: NORTHERLY: by Hampden lane,as shown on said plan,by a curved irregular line,One Hundred Twenty and 001100(120.00)feet; EASTERLY: by Lot 6(six)as shown on said plan, One Hundred Sixty and 26/100 (160.26)feet; �. SOUTHEASTERLY: by Lots 4(four)and 5 (five)as shown on said plan, One Hundred Ninety Eight and 661100 (198.66)feet; SOUTHWESTERLY-,by land now or formerly of Edward Connelley and George Reynolds,Fifty Seven and 871100(57.87)feet;and WESTERLY: by Lot 8 (eight) as shown on said plan,Two Hundred Twenty Four and 321100(22432)feet. SUBJECT to easement rights to Western Massachusetts Electric Company and New England Telephone and Telegraph Company under instrument dated July 5, 1983 recorded in Hampden County Registry of Deeds in Book 5465,Page 191. SUBJECT to Covenant as to services and ways Town of Agawam under instrument dated March 28, 1974 recorded as aforesaid in Book 4043,Page 214, if applicable. SUBJECT to provisions and Conditions Agawam Conservation Commission under instrument dated December 5, 1974 and recorded as aforesaid in Book 4079,Page 242; extension permit recorded as aforesaid in Book 4723,Page 286,to the extent that the same is in force and applicable. SUBJECT to variance as set forth in instrument recorded as aforesaid in Book 5421,Fage 64, dated July 9, 1982. Bk 16969 Pg 272 #81895 BEING the same premises conveyed to the Grantors herein by heed of Progressive Builders, Inc., dated April 26, 1984,recorded in the Hampden County Registry of Deeds in Book 5600, Page 125. `yt is deed is intended to take effect as a sealed instrument this l- lday of October,2007. itstess ALB GAGLI JR. ERT F. U'CCI, 4 % 2� Witness ROSEMARY T GAGLIARDU CI rry ZF�- 01h COMMONWEALTH OF MASSACHUSETTS Hampden ss: 01 �C#w<r ;t G ?A Y 4000TC.1.t i� t� �fi � �, '�-1' Cn On this day of October, 26Wl ei WPi e,`ll 6 Uriderkig notary public, personally appeared ALBERT F. GAGLIARDUCCI, JR. proved to me through satisfactory evidence of identification,which was-a ct=IXIn - ,Drivers'License or Other _ psonrA ac4uaintanee to be the person whose name 'signed on the preceding or attached ddcument, and acknowled ed to me that he sign it vo un ar'ly f tits stated PM OS .. J kW l.I G u1�RSVMI�IVR-- Z44Notery PWft.y Co4tRamwi*h of Mass ,Notary Public W?4Cwa1mknEvftaAPr4.2oa$ COMMONWEALTH OF MASSACHUSEI TS Harnpden,ss: On this l day of October, 2007 before me, the undersigned notary public, personally appeared ROSEMARY T. GAGLIARDUCCI proved to me through satisfactory evidence of identification,which was a current.DA Drivers License or Other , to be the person whose name is signed on the preceding or attach ocument, and acknowledged to me that she signed it voluntarily for the stated purpose Notary Public SCMEVANS sKOMCtt Notary PubNc PINY$TOTE EXCISE TAX cMmwftakh of h ead F �t i5FRY OF DEEDS �YCarrsnesbnE*ftAa4.20M Date: 16-12-,ill 9 19.18a■ CtIt: 287 Dock 81895 Fee: $1,231.20 Cabs: $269,9N.86 ASKE80 Ccwl W G1S�R 4F fl HAMF� 4 1,4gsek>o, 514;1-6 LlnMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 87-506 I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Attorney Eric D. Konblum computer, use Name only the tab key to move 48 East Silver Street, Suite 5 Your cursor- Mailing Address do not use the Westfield MA 01085 return key. City/Town State Zip Code ,Q 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Emile Barbera. Name 7-8-04 87-506 Dated DEP File Number 3. The project site is located at: 86Spear Farm Road Feeding Hills Street Address Cityfrown C4 1110 Assessors MapfPlat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Hampden County Book Page #31898 document#159264 Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: Date B. Certification c Check all that apply: cv`. ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform Sb.doc•rev.12115100 Page 1 of 3 Massachusetts Department of Environmental Protection ` Bureau of Resource Protection W Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (coat.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions:The following conditions of the Order shall continue: (include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Agawam 6/2 3/0 5 Conservation Commission Date of issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See Appendix A). Signatures: He A o ki Mar t ' =eck ck Steven Doug as Fred r 1r wpaform Wdoc•rev.12/15100 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Fife Number: WPA Form 8B — Certificate of Compliance 87-506 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Hampde 23rd Of June 2005 On this Day Month Year before me, the undersigned Notary Public, personally appeared Henry A. Kozloski, Chairman, Name of Document Signer proved to me through satisfactory evidence of identification, which was/were MA driver's license Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Agawam Conservation Commission City/Town Signature of Notary Public Pamela R. Edmunds Printed Name of Notary Public Place notary seal and/or any stamp above June 4, 2010 My Commission Expires(Date) wpaform 8b.doc•rev.12115100 Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form SB -- Certificate of Compliance 87-506 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Agawam Conservation Commission Please be advised that the Certificate of Compliance for the project at: lot 52 Spear Farm Road 87-506 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampden for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant �_ T wpaform 8b.doc-rev.12115/00 Page 4 of 3 _ Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions Provided byDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information �_. Important: When filling From: out forms on Agawam the computer, Conservation Commission Yy use only the tab key to This issuance if for(check one): co U11 cursor-do Order of Conditions not use the 11z'' return key. ❑ Amended Order of Conditions To: Applicant: Property Owner(if different from applicant): Emile Barbero Name Name 668 Coffer Street _ Mailing Address Mailing Address Agawam MA 01001 City/Town State Zip Code CitylTown State Zip Code 1. Project Location: _Lot 52 Spear Farm Road _ Feeding Hills _ Street Address CitylTown C4 1/10 Assessors MaplPlat Number Parceill.ot Number 2. Property recorded at the Registry of Deeds for: Ham den County Book Page 31229 _ Certificate(if registered land) 3. Dates: 5-28-04 7-8-04 7-8-04 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents(attach additional plan references as needed): Site Plan for Lot 52 Spear Farm Road Apr., 2004 Title Date rev. 716/04 Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Ronald R. Huot Name 6. Total Fee: $250.00 (from Appendix B:Wetland Fee Transmittal Form) W paform5.doo•rev.12115/00 Pape 1 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: Public a eSupply n ❑ Private Water Supply ❑ Fisheries ❑ Protection of Wildlife Habitat ❑ Groundwater Supply ® Storm Damage Prevention ❑ Flood Control Furthermore,this Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans,specifications, or other proposals submitted with the Notice of Intent,these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site,the work,or the effect of the work on the interests identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) . 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Wpaform5.doc•rev.12/15/00 Page 2 of 7 Massachusetts Department of Environmental Protection DEP File!Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the- Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEPI "File Number 87-506 10. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance (WPA Form BA)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. WpafoanUoc•rev.12115MO Page 3 or7 P Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands CEP File Number: Ll WPA Form 5 - order of Conditions ProvidedbY ai=P Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls A may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. SEE ATTACHED CONDITIONS Findings as to municipal bylaw or ordinance Furthermore, the hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. Wpaform5.doc•rev.12M5/00 Page 4 of 7 TOWN OF AGAWAM,MASSACHUSETTS CONSERVATION COMMISSION ORDER OF CONDITIONS Lot 52 Spear Farm Road-Barbero 87-506 18. This Order supersedes all previous Orders of Conditions issued for this work. 19. The Order of Conditions applies only to the work permitted by this Order. Any other work to be done within the area of statutory interests of Wetlands Protection shall require the filing of a new Notice of Intent or Request for Determination. 20. During the construction phase, the applicant shall be responsible for maintaining a copy of these Orders at the site. The applicant shall be responsible for compliance with the conditions of these Orders. 21. Prior to the start of construction, adequate erosion and sedimentation control measures shall be implemented, and shall be maintained throughout the entire construction phase and until the site has become stabilized with permanent vegetative cover. 22. The Commission shall be notified at least seventy-two hours prior to the start of construction and after erosion control measures are in place to enable the Commission to ensure compliance with these Orders. 23. The erosion and sedimentation barrier shall serve as the alteration limit line. Said barrier shall fully protect the adjacent wetland/resource area, and no work shall be permitted beyond this limit line. No machinery shall be operated beyond this limit line. 24. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other pollutant into any area of statutory interest. 25. At no time shall any construction materials, soils, fills, sediments, dredging or any other substances be stockpiled or stored in any area of statutory interest. 26. The construction site shall be left in a stable condition at the close of each day. Erosion and sedimentation controls shall be continuously monitored to ensure proper operation.. 27. If any alteration of the wetland/resource area does occur,the Commission shall impose such measures as it finds necessary to protect and restore the areas of statutory interest. 28. Whether from on-site or off-site, any fill used in connection with this project shall be clean fill as described here: The fill material shall be clean coarse washed sand or other clean granular material essentially free of clay, fines, dust, organic matter, large stones,masonry, stumps,frozen clumps of earth,wood tree branches and waste material. Before the fill is put in place,all trees,brush and stumps shall be removed from the area to be filled. Topsoil,peat and other impervious materials shall be removed from all areas to be filled prior to the placement of the fill material. 29. No creosote shall be used in any areas of statutory interests. An Environmental Impact Statement of any alternative preservative shall be submitted to the Commission prior to the start of construction phase. 30. All disturbed areas of statutory interest shall be stabilized with permanent vegetative cover. After proper grading,the area shall be loamed with not less than four(4) inches of good quality loam, seeded with a cover appropriate to the area, (and fertilized with an organic 10-6-4 or equivalent dry fertilizer at the rate of fifteen(15)pounds per one thousand feet). A mulch of hay, straw or bark of at least two (2) inches in depth shall be placed on newly seeded areas and all slopes capable of eroding into the areas of statutory interest. 31. No liquid or solid chemical lawn fertilizers, pesticides, herbicides or chemical or petroleum dust control agents shall be applied within the area of statutory interest or anywhere that the surface drainage is discharged into an area of statutory interest. Also no petroleum or liquid or solid chemical storage is permitted in any areas of statutory interest. 32. This parcel shall carry the following restrictions, and a covenant so noted on its deed: "This lot contains certain areas or abuts areas protected by Chapter 131, Section 40 of the General Laws of Massachusetts known as the Wetlands Protection Act and comes under the jurisdiction of the Agawam Conservation Commission. No cutting of trees,.clearing of brush, digging,filling in with soil or debris, or the building of bridges is permitted within one hundred (100) feet of the designated wetland areas or within 200' of any designated river without specific approval granted by the Conservation Commission." 33. The Commission reserves the right to impose additional conditions on any or all portions of this work to minimize the impact of potential site erosion or noticeable degradation of water quality discharging from the site at any time. 34. Members and Agents of the Agawam Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the construction site to evaluate compliance with the order and to require the submittal of any additional information deemed necessary. 35. This order shall apply to all successor or assignee in interest or control of the subject property. Any conveyance of interest or control in the subject property shall make reference to this order by stating that the conveyance is subject to the provisions of an Order of Conditions under the Wetlands Protection Act,M.G.L. Chapter 131, Section 40, and by giving the book and page reference in the Hampden County Registry of Deeds where this order is recorded. 36. The petitioner shall have recorded in the Hampden County Registry of Deeds an "Order of Conditions Form" provided by this Commission. The Commission will not allow work to begin until proof of recording is provided the Conservation Commission. DEP File Number: Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Omer of Conditions Provided by°EP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 . B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: s This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. - July 8, 2004 DateThis Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office(see Appendix A)and the property owner(if different from applicant). Signatures: - Mark e St u s Fra eagher Henry A. ozloski On Rt h Of July,- 2.0Q4— Day - — Month and Year before me personally appeared the above-named members to me kno bet person described in and who executed the foregoing instrument and acknowl d th Ish a uted a same pVhisther free act and deed. June 4 2010 Notary Public My Commission Expires This Order is issued to the applicant as follows: ❑ by hand delivery on [ by certified mail, return receipt requested,on July 9 , 2004 Dale Date VJPA Form 5 Pape 5 of 7 Rev,02100 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands f WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (coat.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Agawam Conservation Commission Please be advised that the Order of Conditions for the Project at: Lot 52 Spear Farm Road 87-506 Project Location DEP File Number Has been recorded at the Registry of Deeds of: _Hampden County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land,the document number identifying this transaction is: Document Number Signature of Applicant WparounSdoc•ray.12J15100 Page 7 of 7 3i92 h� El� 4, TS�p � Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 MA Tel. 413-786-0400 Fax 413-786-9927 ATEO December 20, 2005 Joseph T. Barbero Kim Marble Realty Trust 668 Cooper Street 00 Agawam, MA 01001 Dear Mr. Barbero: At its duly called meeting held on December 15, 2005, the Agawam Planning Board voted to table the Preliminary Subdivision Plan entitled"Nancy Estates"indefinitely until notified by you that the Plan is ready to proceed. If you have any questions, please do not hesitate to contact the Planning Office at 786-0400, extension 283. Sincerely, D4 A Travis Ward, Acting Chairman Agawam Planning Board cc: Clerk Anderson Associates Engineering File e/3E, ,� A Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 4= - --4 n c: 3W C,x C3 3 m N � co r' April 10, 2007 Shawn Barber Barber Associates 190 Moody Street Ludlow, MA Dear Mr. Barber: At its duly called meeting held on April 5, 2007, the Agawam Planning Board voted to approve the Site Plan for a concrete pad at Hoods LLC, 233 Main Street, Agawam, MA 01001. If you have any questions, please contact the Planning Office at 786-0400, extension 283. Sincerely, Dennis B. Hopkins, Chairman Agawam Planning Board cc: Clefk Building Engineering File Town of Agawam 0 wry j�� +fit 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-4927 1�► o May 16, 2007 . a 3;m Robin Barboza,Program Coordinator F3 �.. Department of Conservation and Recreation -co 251 Causeway Street, Suite 600 Boston, MA 02114 Dear Ms. Barboza Attached please find the executed Amended Contract for the Pynchon Point Public Access Trail. Thank you so much for your assistance on this matter. Sincerely, Deborah S. Dachos, Director OFFICE OF PLANNING& COMMUNITY DEVELOPMENT DSD:prk f Page 1 of 1 Debbie Dachos (Agawam Planning Dept.) From: Barboza, Robin (DCR) [Robin.Barboza@state.ma.us] Sent: Tuesday, May 15, 2007 11:48 AM To: Planning@agawam.ma.us Subject: Amended Contract for Public Access Trail at Pynchon Point Hello Deborah, Attached is the amended contract for the$75,000 Grant for the Public Access Trail requesting a time extension. Please have the Mayor signed the contract and mail back to me for process. Robin R. Barbara Program Coordinator Department of Conservation and Recreation 251 Causeway Street; Suite 600 Boston MA 02114 (617)626-1306/(617)626-1449 Fax 5/15/2007 r DOC ID NUMBER: ___.____ _______(For Attached Transaction) ~COMMONWEALTH OF MASSA CHUSE TTS 4 STANDARD CONTRACT AMENDMENT FORM This Amendment Form is jointly issued by the Executive Office for Administration and Finance(ANF),the Office of the Corwtrolf l' (CTR)and the Operational Services Division(OSD)for use by all Commonwealth Departments. Any changes or electronic alta4tionr by either the Department or the Contractor, to the official printed language of this form as published by ANF,CTR and OSD shall be void, Contract Amendments must be authorised as part of the original Contract procurement and must be uteds G contemporaneously with the need for the Contract Amendment and prior to the scheduled termination date of the Contract. P- .-- CONTRACTOR NAME: DEPARTMENT NAME: co Vendor Code: V6000191692 Department of Conservation and Recreation ADDRESS: ADDRESS: Deborah S.Dachos Robin Barboza Town of Agawam 251 Causeway Street,Suite 600 36 Main Street Boston,MA 02114 Agawam,MA 01001 CIJRRIyNT CONTRACT_INFORMATION; Current Doc.ID Number Of Contract Being Amended: Current Total Contract Dates(Includes Original Contract Start Date and Amendments): START:01/5/07 TERMINATION:66130/07 Current Total Maximum Obligation Of Contract(Inclusive Of Previous Amendments To bate):$75,000(indicate"NIA"if Contract is a Rate Contract,Statewide Contract or Qualified List Contract that does not contain a Maximum Obligation.) CHOOSE ONE AMENDMENT COLUMN BELOW, either"STANDARD AMENDMENT"OR "AMENDMENT TO EXERCISE OPTION TO RENEW"and check off any applicable amendments under that column. STANDARD AMENDMENT AMENDMENT TO EXERCISE OPTION TO RENEW (Check all that apply): (Check all that apply): Amendment To Contract Performance Amendment To Contract Performance Amendment To Contract Maximum Obligation Amendment To Contract Maximum Obligation Amendment To Contract Budget Or Rates Amendment To Contract Budget Or Rates Amendment To Contract Dates Of Performance Amendment To Contract Dates Of Performance Other: F. lain) Other:( lain) DESCRIPTION OF REASON FOR AMENDMENT:(Attach all relevant documentation detailing amendment(s)): The Town of Agawam is requesting a time extension due to the high flood levels and uncertainties as to when the water will recede in order to start the project. NEW CONTRACT INFORMATION(indicate"NIA"if not applicable or"N/C"for no change): New Total Contract Dates(Includes Original Contract Start Date and Amendments): START:0115/07 TERMINATION:07/31/07 Amount Of Amendment Change(if applicable):$M New Total Maximum Obligation Of Contract:S NIA(Includes Total of"Current Total Maximum Obligation"indicated above and the"Amount of Amendment Change". Indicate"N/A"if Contract is a Rate Contract,Statewide Contractor Qualified List Contract that does not contain a Maximum obligation.) IN WITNESS WHEREOF: the Department and the Contractor certify under the pains and penalties of perjury that this Amendment Form and any information contained herein,or attached hereto, is complete and accurate and complies with all applicable laws and regulations, and is subject to its associated Contract,as evidenced by the execution by their authorized signatories as of the last date below: FORT O CTOR: FOR THE DEPARTMENT: X. x: Signature (Signature) NAME NAME- TITLE: TITLE: _ DATE: DATE: _ - The Department must file the original record copy of any Contract Amendment with the original record copy of the Contract being amended.Record copies will be located at either OSC,OSD or the Department(if the Department has been approved for Contract delegation authority). Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - order of Conditions 87-511 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: From: When filling out forms on _Agawam the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions IN To: Applicant: Property Owner(if different from applicant): David Bates same Name Name 150 Parker Street Mailing Address Mailing Address Agawam MA 01001 city(fown state Zip Code Cityffown state Zip Code 1. Project Location: 150 Parker Street Agawam Street Address City/Town K11 211 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Hampden 7324 341 County _ Book Page Certificate(if registered land) 3. Dates: April 27, 2005 May 12, 2005 May 12, 2005 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): no title-plan submitted with Notice of Intent received Title 4127105 Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: n/a Name 6. Total Fee: $110:00 -— (from Appendix B:Wetland Fee Transmittal Form) W paforrnUoc•rev,12115MO Pagel of 7 \ 102ssachusetts Department of Environmental Protection DEP rile Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-511 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ❑ Protection of Wildlife Habitat ❑ Groundwater Supply ® Storm Damage Prevention ❑ Flood Control Furthermore,this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Wpaform5.doc•rev.12115100 Page 2 at 7 Massachusetts Department of Environmental Protection DEP Fife Number: Bureau of Resource Protection - Wetlands WPA Form 5 - order of Conditions 87-511 i Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cunt.) - 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years,from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number 87-611 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. WpaformMac•rev.12l15100 Page 3 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - order of Conditions L111 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16 Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. see attached Special Conditions Findings as to municipal bylaw or ordinance Furthermore, the _ hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal ordinance or Bylaw Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. wpaform5.dw•rev-12/15/00 Page 4 of 7 TOWN OF AGAWAM, MASSACHUSETTS CONSERVATION COMMISSION ORDER OF CONDITIONS #87-511, Parker Street- Bates 18. This Order supersedes all previous Orders of Conditions issued for this work. 19. The Order of Conditions applies only to the work permitted by this Order. Any other work to be done within the area of statutory interests of Wetlands Protection shall require the filing of a new Notice of Intent or Request for Determination. 20. During the construction phase, the applicant shall be responsible for maintaining a copy of these Orders at the site. The applicant shall be responsible for compliance with the conditions of these Orders. 21. Prior to the start of construction, adequate erosion and sedimentation control measures shall be implemented, and shall be maintained throughout the entire construction phase and until the site has become stabilized with permanent vegetative cover. 22. The Commission shall be notified at least seventy-two hours prior to the start of construction and after erosion control measures are in place to enable the Commission to ensure compliance with these Orders. 23. The erosion and sedimentation barrier shall serve as the alteration limit line. Said barrier shall fully protect the adjacent wetland/resource area, and no work shall be permitted beyond this limit line. No machinery shall be operated beyond this Iimit line. 24. At no time shall any construction materials, soils, fills, sediments, dredging or any other substances be stockpiled or stored in any area of statutory interest. 25. The construction site shall be left in a stable condition at the close of each day. Erosion and sedimentation controls shall be continuously monitored to ensure proper operation. 26. If any alteration of the wetland/resource area does occur, the Commission shall impose such measures as it finds necessary to protect and restore the areas of statutory interest. 27. Whether from on-site or off-site, any fill used in connection with this project shall be clean fill as described here: The fill material shall be clean coarse washed sand or other clean granular material essentially free of clay, fines, dust, organic matter, large stones, masonry, stumps, frozen clumps of earth, wood tree branches and waste material. Before the fill is put in place, all trees, brush and stumps shall be removed from the area to be filled. Topsoil, peat and other impervious materials shall be removed from all areas to be filled prior to the placement of the fill material. 28. This parcel shall carry the following restrictions, and a covenant so noted on its deed: "This lot contains certain areas or abuts areas protected by Chapter 131, Section 40 of the General Laws of Massachusetts known as the Wetlands Protection Act and comes under the jurisdiction of the Agawam Conservation Commission. No cutting of trees, clearing of brush, digging, filling in with soil or debris, or the building of bridges is permitted within one hundred (100) feet of the designated wetland areas or within 200' of any designated river without specific approval granted by the Conservation Commission." 29. The Commission reserves the right to impose additional conditions on any or all portions of this work to minimize the impact of potential site erosion or noticeable degradation of water quality discharging from the site at any time. 30. Members and Agents of the Agawam Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the construction site to evaluate compliance with the order and to require the submittal of any additional information deemed necessary. 31. This order shall apply to all successor or assignee in interest or control of the subject property. Any conveyance of interest or control in the subject property shall make reference to this order by stating that the conveyance is subject to the provisions of an Order of Conditions under the Wetlands Protection Act, M.G.L. Chapter 131, Section 40, and by giving the book and page reference in the Hampden County Registry of Deeds where this order is recorded. 32. The petitioner shall have recorded in the Hampden County Registry of Deeds an "Order of Conditions Form" provided by this Commission. The Commission will not allow work to begin until proof of recording is provided the Conservation Commission. Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of issuance. May 12 , 2005 Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office(see Appendix A)and the property owner(if different from a licant). Signatures: 4ih A to ki M h er Frank Meagher Fred Harpin On 12th Of May, 2005 Day Month and Year before me personally appeared Henry Kozloski , Mark Soticheck, Sheryl Becker, Frank Meagher and F}ed Harpin to me known to be the person described in and who executed the foregoing instrument and acknovu! ' ed th elshe executed the sa �asislher free act and deed. June 4 , 2010 Notary Public My Commission Expires This Order is issued to the applicant as follows: ❑ by hand delivery on Q by certified mail, return receipt requested, on Date Date W paform5.doc•tev,12/15/00 Page 5 of 7 Massachusetts Department of Environmental Protection DEP File Number: Ll Bureau of Resource Protection -Wetlands .WPA Form 5 - order of Conditions s7-5111 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the cha(a of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Agawam Conservation Commission Wpaform5.doc•rev.12115'00 Page 6 of 7 Massachusetts Department of Environmental Protection � DEP File Number: Bureau of.Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-511 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -------------------------------------------------------------------------------------------------------- To: Agawam Conservation Commission Please be advised that the Order of Conditions for the Project at: 150 Parker Street _ _ _ 87-511 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampden _ _ _ County � � Book Page for: Property Owner — - - - - - - - - - and has been noted in the chain of title of the affected property in: Book � — — -- �- -- - - ---Page - -In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant T T v4patorm5.doc-rev.12 W00 Page 7 of 7 Massachusetts Department of Environmental Protection � -- Bureau of Resource Protection - Wetlands WPA Form 2 -w Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Agawam computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the David A. Bates same return key. Name Name 150 Parker Street VD-2t—JIMailing Address Mailing Address Agawam MA 01001 CitylTown State Zip Code City/Town State Zip Code I. Title and Date(or Revised Date if applicable) of Final Plans and Other Documents: Assessors Map none Title - - a--- --- - - -- — Date Title m _ - Date Title Date 2. Date Request Filed: A ril i 4, 2QQ� B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered yourrr Request for Determination of Applicability,with its supporting documentation, and madnhe following Determination, Project Description (if applicable): installation of approximately 180' of 6' h_ qh stockade fence Project Location: 150 Parker Street Agawam Street Address City/Town K11 211 Assessors Map/Plat Plumber Parcel/Lot Number wpaform2.doc-rev.12/1%0 Pagel of 5 Massachusetts Department of Environmental Protection ` - Bureau of Resource Protection - Wetlands WPA Form 2 -- Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (coat.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of[Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is 'issued to the applicant and deWered as follows: ❑ by hand delivery on a by certified mail, return receipt requested on May 3 , 2005 Date Date This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with ail other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office(see Appendix A)and the property owner(if different from the applicant). Signatures: 4F.- April 28 , 2005 Date wpaform2.doc•rev.12115f00 Page 4 of 5 DEP File Number: Massachusetts Department of Environmental Protection W Bureau of Resource Protection - Wetlands WPA Form 9A -- Enforcement Order Provided byDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the Agawam_ April 22 , 2005 _ computer, use Conservation commission(Issuing Authority) Date r only the tab • key to move To: your cursor- do not use the David. Bates _ return key. Name of Violator . 150 Parker Street, Agawam, MA 01001 Address - - Q' � 1. Location of Violation: same v Property Owner(if different) Street Address Cityfrown Zip Code Ln K11 2 1 Assessors Map/Plat Number Parcel/Lot Number �. 2. Extent and Type of Activity: Constructing a garage within 100' of a wetland within buffer zone_) . B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act(M.G.L. c. 131, §40) and its Regulations.(310 CMR 10.00), because: the activity has been/is being conducted without a valid Order of Conditions. ❑ the activity has beenlis.being conducted in violation of the Order of Conditions issued to.- Name Dated File Number Condition number(s) WPA Form 9A Pape i d3 Rev-p21o0 DEP File dumber: Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands . WPA Form 9A Enforcement Order Provided by Di,<PI/ Massachusetts Wetiands,Protection Act M.G.L. c. 131, §40 B. Findings (cont.) ❑ Other(specify): C. Order �- The issuing authority hereby orders the following (check all that apply): The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer.Zone and/or wetland resource areas on this property. .: ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ❑ Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before Date No further work shall be performed nail a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action to prevent further violations of the Act: A Notice of Intent must be filed before any further work takes place on this project . Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment;.or(b) Shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. WPA four.9A Page Z of 3 Rev.r12M * r ► DEF Massachusetts Department of Environmental Protection Re Bureau of Resource Protection -Wetlands Pnrdklied by DEP w WPA Form 9A - Enforcement Order w Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Depaftwnt of Environmental Protection, but may be filed in.Superior Court. Questions regarding this Enforcement Order should be directed to: Henry A. Kozloski Name 786-0400 , ext .245 Phone Number — HoursMays Available Issued by: Agawam Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member cr agent of the Commission and ratified by majority of the members.at the next scheduled-meeting etthe Commission. Signatures: Henry A. Kozloski 7004 0750 0003 0975 9657 Signature of delivery person or certified mail number WPA Form 9A Paw3d3 Rev 02J00 I C-A A/ 4,4 tlAE TOwN OF AGAWAM CONSLRVATION COMMISSION XV 36 MAIN ST.,AGAWAM, MA 01001 786-0400, ext. 245 co fn February 29, 2008 N �e D.c C) Erg 4 Dave Bean D.L. Bean., Inc. can ` Forty School Street Westfield, MA 01085 Dear Mr. Bean: At its duly called meeting held on February 28, 2008, the Agawam Conservation Commission reviewed your correspondence dated February 26, 2008 regarding the Order of Conditions for Northfield Estates and the accompany plan with a revision to the Plan for Conservation Commission Filing, dated October 10, 2007, revised 11-13-07, and updated 2-19-2008. The Commission is satisfied with your proposal for maintaining the connection between lots 1 and 15 and agrees that it addresses item#37 of the Order of Conditions. Thank you for addressing this matter. If you have any questions please contact this office. Sincerely, Henry A. Kozloski, Chairman AGAWAM CONSERVATION COMMISSION HAK:prk cc: Engineering Dept. R. DePalma Town Clerk File Town of Agawam J, 4. 10 oil 36 Main Street Agawam, Massachusetts 01001-1837 �Ma Tel. 413-786-0400' Fax 413-786-9927 July 15,2004 William T. Beck CO 644 North Street , Feeding Hills, MA 01030 to Dear Mr. Beck: At its duly called meeting held on July 15, 2004, the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not Required" for a parcel of land located on North Street. Plans drawn by R.A. Foresi Associates and dated July 7, 2004. Sincerely, AGAWAM PLANNING BOARD J l Please be advised that failure to record the plan within six(6) months and provide proof of recording will negate the action'of the Board. Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam, MA 011001. To Agawam Planning Board Please be advised that the Form A plan that was filed by Beck and approved by the Agawam Planning Board for a parcel of land located on North Street has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant Town -of Agawam +" 36 ?V1ain ,Street Agawam, Massachusetts 01001-1837 D ay Tel. 41.3-786-0400 Fax 413-786-9927 FORMA y , . Application for Endorsement -f Plan No Believedo Require Approva -- - FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK 1N ACCORDANCE WITH THE REQUIREMENTS OF SECTION 'l,1-B Agawam, MA TO THE PLANNING BOARD: The undersigned, believing that the accompanying plan of his property in the Tov'in 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. Z. Name of Applicant liC�J�7 Address 5151 A)VAA 6kee id1 >�5 2. Name of Surveyor Q .A _ Address _ (,%o . LJ e,f-� J ( S+. L_), MA� 3. Deed of Property Recorded inar,p 1�_.� Co k��v �e�_ •pCe- s Book 2 Page 3 S_15" 4. Location of Property (-yy S. Describe the proposal in this submission:�{{ \/�"}i\r 44-P Ph- i.$ °_l ,�111 r{`o pt r i TW o J-.5 +J,l ATTACHMENTS - Two originals and three copies of plan by certified land surveyor. Filing Fee - $35.00. Signature of Owner - � Address A,)6 !rl e el s� S Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Zc� Ma Tel. 413-786-0400 Fax 413-786-9927 March 14, 2006 N Todd Beddow Pleasant Valley Lawn Care P.O. Box 776 Agawam, MA 01001 Dear Mr. Beddow: Thank you for your interest in the maintenance contract for the Agawam segment of the Connecticut Riverwalk and Bikeway. Unfortunately,the Town will not be able to enter into a contract with you until you have a Business Certificate, insurance and other necessary business documentation. I will be happy to notify you when I am soliciting proposals next year. Sincerely, S Deborah S. Dachos, Director Office of Planning and Community Development cc: CIA' Mayor Solicitor r Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 a too cr) , mailed w/correct attachment on 12--28--07 . �~ December 21, 2007 w+L� QUA Roy Benjamin m 49 Oriole Drive rev r Feeding Hills, MA 01030 °d 3 Dear Mr. Benjamin: At its duly called meeting held on December 20, 2007, the Agawam Planning Board voted&P r. approve the Definitive Subdivision Plan entitled: "Lango Estates, Definitive Subdivision, Agawam, Massachusetts, For: Roy Benjamin, 49 Oriole Drive,Feeding Hills, MA."prepared by D. L. Bean, Inc. and dated November 2, 2007,revised December 26, 2007 with the following conditions: 1. Comments 2, 3, 9, 10, 11 and 12 in the Engineering merno dated December 19, 2007 and attached must be addressed. 2. The plan shall show Modified Type 11 berm instead of Cape Cod style berms. 3. All executed easements shall be submitted for review and approval. 4. An executed covenant and performance agreement shall be submitted for review and approval. 5. There shall be no further subdivision of the project site without following the procedures as outlined in Section 159-7 of the Agawam Subdivision Rules and Regulations. In other business, the Planning Board voted to approve the following waivers which must be so noted on the Definitive Plan: s l. Section 159-813 (a) Waive the requirement of a dead-end street no longer than 500' to allow for a street 565' in length, This waiver was granted because the petitioner has demonstrated that the same number of lots that could be created with a 500' road,but approved lots have a longer frontage and more area. 2. Section 159-SA (6) Waive the requirement for a 300' separation between streets to allow for 186' to Keating Lane. This waiver was granted because Keating Lane is a private way and additional development would be unlikely. 3. Section 159-7C (S)(a) Waive the requirement for soil borings. The Engineering Department in their memo of December 19, 2007 have supported the use of test pits in place of soil borings. 4. Section 159-7C (8)(b)(1) Waive the requirement for percolation test to be conducted prior to approval the Definitive Plan. Due to the excellent soil conditions at the site and the feasibility of an alternative method of sewage disposal (grinder pumps) if percolation tests fail, this requirement need not be met until building permits are sought. Two full sets of originals must be submitted to the Planning Board for its signatures. One full executed set must be recorded at the Hampden County Registry of Deeds. Proof of recording must be provided to the Planning Office prior to the seeking of building permits. If you have any questions, please contact the Planning Office at 7-56-0400, extension 283. Sincerely, Travis Ward, Acting Chairman. Agawam Planning Board cc: Clerk D. L. Bean, Inc. Building Engineering Assessor Treasurer Pile k4l FA TOWN OF AGAWAM Department of Public Works 1000 Suffield Street P Agawam, NIA 01001 Tel (41.3) 8210600 • Fax (413) 8210631 M John F.Stone e Superintendent MEMORANDUM To: PIanning Board CC: John Stone--DPW Supt.;File From: Engineering Date: December 19, 2007 Subject: Lango Estates—Definitive Subdivision-- 141 Rowley Street Per your request,Engineering has reviewed the definitive subdivision plan entitled; "Lango Mates;Definitive Subdivision Plan; For: Roy Benjamin,49 Oriole pr,Fooding Hills, MA;Date: 11-2-2007, Rev..12-4-2007, Rev. 12-18-07; Scale: 1"=50'; D. L. Bean.Inc.,40 School Street, Westfield,Massachusetts"and we have the fallowing comments; Cien-ey-al_C ttzxzmezzts I. The applimt is to install the curb Tamp on the westOM side of Rowley Street. A detail for this ramp needs to be added to the plaza set as the ramp at this Iocation will require a non-standard curb ramp. 2. The line shown for the sight distance needs to be changed such that the position of the drivex on Lango Lane is 15 A away from the edge of the Rowley Street. The profile should have a 10 to 1 exaggerated vertical scale. 3. Engineering accepts the use of test pits in lieu of borings for this project. 4. Any berm other than the Modified Type 11 berm will require a waiver from the Planning Board. 5. The DPW will allow Modified Cape Cod style berm for the project so long as it is modified to allow for an 1.5 inch overlay. This would result in the berm having a reveal of 6 inches from the top of the top course of pavement, 7.5 inches total height; the detail should be changed to show this. Wherever the plans note"Cape Cod"berm should be changed to"Modified Cape Cod Berm" 6. 1f the Planning Board allows the use of Modified Cape Cod berm the berm around the cul-de•su's island should be changed from Modified Type R to Modified Cape Cod berm. The catch basin top details will also have to reflect this change;the top will likely have to be custom made unless a suitable, design is approved by the Towxt Engineer. If a custom top is required,a drawing with design details is to be included on the plans-,this is so that in the future,if a replacement is required,it can be manufactured to the original specifications, 7. The use of Modified Cape Cod berm will require modification of several of the Town's standard details; corrected details will be required on the plan set. S. The DPW Superintendent and Engineering strongly recommend that the Planning Board require the roadway profile be redesigned without the local low point at station 2+00 and high point at station 3+00, Instead the roadway should be set with a 0.75% slope from station 0+00 to station 4+50 and a 1%slope carried through the cul-de-sac to station 5+55. This would eliminate the potential for ponding at station 2+00; decrease the maintenance demands for the new roadway; allow for the water main to be installed at a constant grade, eliminating the need for air release valves; and will decrease the amount of fill required for the project. Attached is a copy of sheet 3 with the proposed grades sketched in. ll2 I Drainage System Comme2ta 9. The detail of the leaching cell should,show the ground sloping away from the frame's rim. 10. Please show the 153.5 fit contour or spot grades on tie plans so as to clearly define the top of the detention pond's earthen berm. 11. The top of the spillway is to be set at 152.75 feet so as to increase the available freeboard to 0.75 feet; this is to account for variances in height in the pond's earthen berm. The spillway currmatly would only 'have 0,15 feet(I.8 inches) of freeboard when conveying the I GO year storm event's maximum flow; this is a very tight tolerance considering the pond will have an earthen berm approximately 500 feet long at elevation 153.50 feet. 12. The proposed emergency spillway is required to have thorough details including, cross-section,plan, and elevation views. The details are to be fully dimensioned. Engineering reserves the right to make additional comments as new information is submitted. If you have any questions please do not hesitate,to contact this division. Sincerely, G. Decker, E.I.T. Michael C.Chase,E.I. . ivil Engineer I Interim Town Engineer VdubdiAko p wslnLatupAm mo 4 dsr_tbc 2/2 A Town of Ag' aw.am '' 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 o v _ December 21, 2007 Cri r Roy Benjamin v, 49 Oriole Drive `4 •`" 4 r Feeding Hills, MA 01030 Dear Mr. Benjamin: At its duly called meeting held on December 20, 2007, the Agawam Planning Board voted to approve the Definitive Subdivision Plan entitled: "Lango Estates, Definitive Subdivision, Agawam, Massachusetts, For: Roy Benjamin, 49 Oriole Drive,Feeding Hills, MA."prepared by D. L. Bean, Inc. and dated November 2, 2007,revised December 20, 2007 with the following conditions: 1. Comments 2, 3, 9, 10, 11 and 12 in the Engineering memo dated December 19, 2007 and attached must be addressed. 2. The plan shall show Modified Type lI berm instead of Cape Cod style berms. 3. All executed easements shall be submitted for review and approval. 4. An executed covenant and performance agreement shall be submitted for review and approval. 5. There shall be no further subdivision of the project site without following the procedures as outlined in Section 159-7 of the Agawam Subdivision Rules and Regulations. In other business, the Planning Board voted to approve the following waivers which must be so noted on the Definitive Plan: l. Section 159-8B (a) Waive the requirement of.a dead-end street no longer than 500' to allow for a street 565'in length. This waiver was granted because the petitioner has demonstrated that the same number of lots that could be created with a 500, road, but approved lots have a longer frontage and more area. 2. Section 159-8A (6)Waive the requirement for a 300' separation between streets to allow for 186'to Keating Lane. This waiver was granted because Keating Lane is a private way and additional development would be unlikely. 3. Section 159-7C (8)(a)Waive the requirement for soil borings. The Engineering Department in their memo of December 19,2007 have supported the use of test pits in place of soil borings. 4. Section 159-7C (8)(b)(1) Waive the requirement for percolation test to be conducted prior to approval the Definitive Plan. Due to the excellent soil conditions at the site and the feasibility of an alternative method of sewage disposal (grinder pumps)if percolation tests fail,this requirement need not be met until building permits are sought. Two full sets of originals must be submitted to the Planning Board for its signatures. One full executed set must be recorded at the Hampden County Registry of Deeds. Proof of recording must be provided to the Planning Office prior to the seeking of building permits. If you have any questions, please contact the Planning Office at 786-0400, extension 283. Sincerely, Travis Ward, Acting Chairman Agawam Planning Board cc: Clerk D. L. Bean, Inc. Building Engineering Assessor Treasurer Pile is/ ii [VUr r[_v4 r1i,5 41JdZCVbJI IA092l044 TOWN OF AGAWAM Donartment of Public Works 1000 Suffield Street • Agawam, 01001 Tel (413) 8210600 a Fax (413) 8210631 John P. Stone . Superintendent MEMORANDUM To: Planning Board CC: John Stone--DPW Supt.;File From-, Engineering )[late: December 11,2007 Subject: Lango Estates—Definitive Subdivision-- 141 Rowley Street Per your request,Engineering has previewed the definitive subdivision plan entitled: "Lango Estates; Definitive Subdivision Plan; For: Roy Benjamin,49 Oriole Dr,Feeding Hills,MA; Date: I 1-2-2007,Rev. 12-4-2007; Scale: 1"=50';D. L. Bean Inc.,40 School Street,Westfield,Massachusetts"and we have the following comments: General Comments; 1. Please change the note from the detectable warning panel detail.that calls for the panel to be lt. grey to yellow_ 2. The proposed mid block curb ramp on Rowley Street requires a corresponding curb rarnp be constructed across the street. 3. The detectable warning detail is difficult to read. 4_ The fittings for the water main are to be ferlly labeled, including: sizes,angle of deflection,etc.... 5. When the water main is brought into the project from the existing hydrant, a 5"to 8"increaser should be used. After the increaser, a 45 degree bend should be installed as opposed to the 90 degree bend currently shown on the plan;this will require in easement across the comer of lot 3. 6. The utility pole mentioned above has is labeled as 417 on sheet 2 but on sheet 3 it is labeled as##19, ,please confirm the pole number and correct the appropriate sheets. 7. The utility pole#17(sheet 2)or#19 (sheet 3)closest may conflict with the proposed radius; please confirm that the pole is to remain in its current location. If the pole is relocated is should be moved as far away from the edge of the roadway as practicable and with minimum interference to the sight distance. R. The proposed sight distance easement should show existing and proposed contours. The re-grading necessary for the sight distance may require a larger easement than is currently shown. 9. Cape Cod style berm is only to be used along the 20 ft roadway in the cul-de-sac where the drainage easements driveway is located. Elsewhere, Type II Modified bituminous berm with a 6.5 inch reveal is to be used as per the Town's standards. 10. The vertical curve with the PVI at station 2+00 must have a K-value greater than or equal to 3 7 in accordance with AASHTO design standards. 11. Please provide elevations on the test pit logs. 12. Lot 6 did not close within the accepted tolerance of 1:10000;please check the meets and bounds for any errors. u� . 121111200Y 12:44 FAX ` 41382f0631 903I404 Drainage System maients: 13, The ground around the leaching basin is to be brought to the rise at a slope not to exceed 100/a;no point in the retention pond is to be less than 6"below the rim of the leaching basin. 14.The infiltration basin shown in the retention pond should be moved so that it is within 10 ft of the end of the access ramp;this is to allow the DPW's equipment the ability to reach the basin when the accumulated sediment needs to be cleaned out. 15. The access ramp in the pond should be surfaced with compacted stone so that likelihood of loaded vehicles rutting or sinking into the surface will be limited. 16. The plans show the top of the pond to be elevation 153.5 ft;the drainage easement aceds to include all contiguous areas that are at and below this elevation on lot 6 and other affected lots. These additional areas may be required to be fenced in as required by the Planning Board. 17. The proposed emergency spillway should be designed and constructed such that water will not erode the soil away at either end, such as a trapezoidal weir,this would prevent water bypassing the weir and causing damage to the pond and the surrounding area. A minirnumm 1 ft of height is to be maintained from the tap of the spillway to the top of the pond's berm. A detail of the emergency spillway is required with cross-section,elevation and plan views as needed to show sufficient detail to allow far its proper construction,including reinforcement placement, design of the spillway, etc.... 18. Please note on the plans that all soils brought onto the site are to be of equal or greater hydrologic group as the in-situ soils, i.e, if in-situ sails are hydrologic group"B"then the soils brought in are to be either "B'� or"A". If soils from a lesser hydrologic group are used,the drainage calculations are to be revised to reflect the increased runoff and may require changes to the stormwater management system to attenuate the additinnal runoff. 19. Please add a note to the plans that when lot grading plans are submitted, additional private swales, easements and drywells may be required. 20, There is to be a curb-cut constructed for the drainage easement, it is to be constructed the same way as a regular residential driveway except that"Cape Cool"style berm is to be placed along the road,only at the easement,see comment$above. 21. The stone to be used at the inlet to the retention pond is to conform to MHD M.2.02.3,"Stone for Pipe Ends"which states: "Stone for pipe ends shall be sound, durable rock with is angular in shape.]founded stones,boulders,sandstone or similar stone or relatively than slabs will not be acceptable. Each stone shall weigh not less than 50 pounds not more than 125 pounds and at least 75%of the volume shall consist of stones weighing not less than 75 pounds each. The remainder of the stones shall be so graded that when placed with the larger stones the entire mass will be compact." (The Commonwealth of Massachusetts. DEPARTMENT OF PUBLIC WORKS, Standard Suecifi_cations for highways and Brid es. Boston, Massachusetts. 1988.) 22. The bottom of the retention basin is to have a minimum pitch of 0.5%and pitched towards the leaching basin. 23. Please check the rim elevations for the leaching basin as there is disagreement on sheet 3 between the plan and profile and also on the detail on sheet 5. The detail's elevations and heights do not agree with one another. 24. The leaching basin's riser is to be either concrete masonry or a combination of pre-cast concrete and concrete masonry. The use of reinforced concrete pipe,RCP,as the riser will not be allowed. 213 Y 1211112007 12:45 FAX 4138210831 1@ 004/004 Engineering reserves the right to make additional comments as new information is submitted. If you have any questions please do not hesitate to contact this division. Sincerely, r C, Decker, LI.T. N icbael C. Chase, EIT. Mull Engineer I Interim Torun Engineer OaubdivU"a esufwln@ma rema3da.dat J/� D. L. BEAN,' INC. - LAND CONSULTANTS r--sr,#r&C 413-562-7566 Forty School Street Fax # 413-562-2091 SURVEYORS Westfield, Mass. 01085 ENGINEERS November 2. 2007 Clerk's Office 36 Main Street Agawam. MA 01001 Dear Clerk: This is to serve notice that on this date we have filed a Definitive Subdivision plan with the Planning Board. Enclosed is a Form "C" Application with pertinent details of location and owner. Sincerely. D.L. Bean, In 4 Marc E. Sh e, Senior Vice President Enclosure DLB/ssc c� - rt �c v )>z n mac; v� ry M. 3 -r fv �� .ca 4 D. L. BEAN, INC. LAND CONSULTANTS 413-562-7566 Forty'Schoo4 Street Fax # 413-562-2091 SURVEYORS Westfield, Mass. 01085 ENGINEERS November 2, 2006 Dennis Hopkins, Chairman Agawam Planning Board 36 Main Street Agawam, MA 01001 RE: Definitive Subdivision - "Lango Estates" FOR: Roy Benjamin Dear Board Members: Enclosed please find the following information pertinent to the above referenced project. I. Application Form "C" for Definitive approval and filing fee. (D.L. Bean, Inc. check for$750.00) 2 pages 2. Copy of Letter of Intent to Town Clerk. 3. Attested copy of the deed to the property. 2 pages 4. Statement of Interest. 5. Determination of Applicability. 4 pages 6. Environmental Study. 7. Request for Waivers. S. Five Sets of Blue Line Prints of Definitive Plans. This information is submitted on behalf of our client, Roy Benjamin. We would appreciate the opportunity to present this project at your earliest convenience. Thank you. Sincerely, D. L. B n, Inc. Marc E. u e. Seni!VicePl"r sident Enclosures as noted DLB/ssc Form "C" Sheet 42 - "tango Estates" Property is located on the northeasterly sideline of Rowley Street. Plan shows creation of a new road with nine proposed lots. Massachusetts Department of Environmental Protection `7 Bureau of Resource Protection - Wetlands _ WPA Form 2 -- Determination of ApplicabilityLl - Massachusetts Wetlands Protection.Act M.G.L. c. 131, §40 451 f� A. General Information €rviportant: a From: When filling out �- forms on the Agawam _ _ __ _ a�D_ r— Computer, use only the tab Conservation Commission key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Roy Benjamin Amelia Lango return key. Name Name 49 Oriole Drive 141 Rowley Street Mailing Address Mailing Address Feeding Hills MA 01030 swam MA 01001 CityFrown State Zip Code City/Town State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Plan for Conservation Filing, Agawam, Massachusetts, For. Roy Benjamin May 14, 2007 Tide Date Title Date Title Date 2. Date Request Filed: May 14, 2007 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Nine lot single family subdivision. Project Location: 141 Rowley Street Agawam Street Address City/Town 113 411 Assessors Map/Plat Number Parcelll-ot Number wpaform2.doc•rev.12/1&00 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection.Act M.G.L. c. 131, §40 B. Determination (cant.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3,The work described on referenced plan(s)and document(s)is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s)is within the Buffer Zone and will alter an Area subject to protection under the Act.Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s)and document(s)is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or 8yiaw Citation wpaform2-doc•rev.1211 WO Page 2 of 5 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatorylregulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hard delivery on ® by certified mail, return receipt requested on June 15, 2007 Date Date This Determination is valid for three years from the date of issuance (except Determinations for .Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office(see Appendix A)and the property owner(if different from the applica . LiSignatur May 24, 2007 Date wpaform2.doc•rev.1211-1M Page 4 of 5 /9m Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 A. Tel. 413-786-0400 Fax 413-786-9927 il► C 3 � D N GJ1 � 3 June 22, 2007 i c to Roy Benjamin 49 Oriole Drive Feeding HM&MA 01030 Dear Mr.Benjamin: At its duly cafied maedng held on June 21, 2007,the Agawam Planning Board voted to approve the Preliminary Subdivision Plan entitled "Lango Estates, Preliminary Subdivision Plan, Agawam, Massachusem,fog Roy Benjamin, 49 Oriole Drive, Feeding Hills, MA"prepared by D. L. Bean, Inc. and d Maw 14-2007 with the following condition: ■ The comments contained in the memo prepared by the Agawam Engineering Dint dated June 21, 2007 and attached must be addressed. An prig n2L off3is pkm-must be submitted to the Planning Board for its signatures. If you have any questions, comact the Planning Office at 786-0400, extension 283. Sincerely- Dennis EL113pkins,Chairman Agawam Ing Board cc: C"kli Engineering D.L. Bean, Inc. File k FA TOWN OF ACAWAM Department of Public Works 1000 Suffield Street Agawam, MA 01001 Tel (413) 8210600 Fax (413) 8210631 M John F. Stone Superintendent a vex MEMORANDUM 3f� To: planning Board S CC: John Stone--DPW Supt.;File From: Engineering �, Aate; rune 21,2007 t;? Subject: Lango Estates—Preliminary Subdivision— I41 Rowley Street Per your request,Engineering has reviewed the preliminary subdivision plan entitled: "Laugo Estates; Preliminary Subdivision Plan; For:Roy Benjamin, 49 Oriole Dr, Feeding Hills, MA; Date- May 14,2007; Stale: 1"=50'; D. L. Bean Inc.,40 School Street, Westfield, Massachusetts"and we have the following comments: Sight Distance mments: 1. The sight distance for the proposed intersection is under review and additional t #s arc forthcoming. 2. A note should be added to the plans stating that the existing porch and bushes Ht 14 Rom Street are to be razed I removed.. 3. Sight distance easements will be required for lot I as well as for the lot where the lie is to remain. General Comments: 4. The plan shoves the proposed storm drainage system crossing the Tennessee Crash-J=applicant should contact Tennessee Gas to coordinate the design of the crossing to meet Gmi s requirements. 5_ Please connect the proposed sidewalk to the sidewalk on the western,side ofRvvi=jtrees 12is may require installing as additional set of curb ramps. Engineering reserves the right to make additional comments as new information iss hmii I f Wym have any questions please do not itate to contact this division. Sincerely, ohn G.Deck r, E.I.T. Michael C. Chase,E.T.T. Civil Engineer i Interim Town Engineer sAsubdivVangvcststcAmcmos�mc*no i,doc y DEL. BEAN, INC. LAND CONSULTANTS • 413-562-7566 Forty School Street Fax # 413-562-2091 SURVEYORS Westfield, Mass. 01085 ENGINEERS June 4, 2007 Clerk's Office _ o 36 Main Street n c Agawam, MA 01001 a ZE Dear Cleric: ' _ x . This is to serve notice that on this date we have filed a Preliminary Subdivision plaarwit „!;� the Planning Board. Enclosed is a Form "B" Application with pertinent details of location and owner Sincerely, 7D. Bean, Inc. M c . Shute, Senior Vice President Enclosure MES/ssc FAG TOWN OF AGAWAM a; r 36 MAIN STREET AGANVAM, MASSACHUSETTS 01001 Tel. 413-786-0400 Form B APPLICATION FOR APPROVAL OF PRELIMINARY 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 June 4 2007 To the Planning Board : The undersigned herewith submits the accompanying Preliminary 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 Applicant Boy Benjamin ---- - Address 49 Oriole Drive - Feeding Hills, MA 2. Name of Engineer or Surveyor D.L. Bean, Inc. Address 40 School Street - Westfield. MA 3. Deed of Property Recorded in Hampden __ Registry Book 10862 Page 227 4. Location and Description of Property: (Attached Sheet) . 5. A list cif the documents included in this application shall accompany notice to the Town Clerk . Documents required to be submitted with this notice. a. Notarized statement of interest in the land. b. Environmental study. C . Plans d. Certified Copy of Deed Signature of owner. I Address List of Requested Waivers Section 159-8A. (6) Waive the requirement for the 300 separation between streets and allow 185 feet more or less to Keating Lane. Section 159-8B. (a) Waive the requirement of the road be no longer than 500 feet and allow 565 feet more or less. t I I J Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel.. 413-786-0400 Fax 413-786-9927 December 6, 2007 0 o mac , Z 194 South Street LP 3n.. 7 Coburn Street Chicopee, MA 01013-3809 cJ„' � 4 Dear Mr. Benoit: 4 At its duly called meeting held on December 6, 2007, the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not Required" for a parcel of land located on South Street. Plans drawn by Sherman &Frydryk and dated 11116/2007. Sincerely, AGAWAM PLANNING BOARD Please be advised that failure to record the plan within six(6) months and provideproof of recording will negate the action of the Board. Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam, MA 011001. To Agawam Planning Board Please be advised that the Form A plan that was filed by 194 South St. LP and approved by the Agawam Planning Board for a parcel of land located on South Street has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant A . Town of Agawam woo * 6 4 W 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 v c v� x fn cn 3 rr, -v June 22, 2007 CO r Carlo Bonavita 1775 Main Street Agawam, MA 01001 Dear Mr. Bonavita: At its duly called meeting held on June 21, 2007, the Agawam Planning Board voted to approve the Site Plan entitled: "Proposed Storage Facility, Shoemaker Lane, Agawam, MA"prepared by Berkshire Design Group, Inc., and dated April 25, 2007, revised June 21, 2007 with the condition that the comments contained in the Engineering memo dated June 21, 2007 and attached be addressed. Please provide three(3)copies of the revised plans to the Planning Board for their signatures. Sincerely, Dennis B. Hopkins,Chairman Agawam Planning Board cc: Clerk Berkshire Design Group, Inc. Building Engineering File AGAR�'M' MASS• TOWN OF AGAWAV INTEROFFICE MEMORANDUM To: planning CC: Berkshire Design/File From: Engineering Date: June 21, 2007 Subject: Site Plan Shoemaker Self Storage R Shoemaker Lane-Bonavita- SP 511 Per your request dated May 1, 2007, we have reviewed the Shoemaker Self Storage Site Plan for Bonavita on.Shoemaker Lane. We note the following: 1. On Friday June 15, 2007 members of Engineering met with Steven Pikul from The Berkshire Design Group,Inc., designers for the subject site_ Discussions revolved around the ining issues to be resolved. Steve informed Engineering that Berkshire Design will address Engineering's concerns on or before Planning's meeting June 21, 2007. Issues pertaining to Engineering will also be resolved by the time of that same meeting. Revised site plans and/or documentation reflecting all changes are to be submitted to En&eerittg fmm Berkshire Design before construction may begin. All associated forms,permits, and fees are to follow. Please do not hesitate to contact our division with any questions or comments. Sincerely, Rick S. Seidnitzer �NC G Achael C. Chase,E.I.T. Civil Engineer 1 Interim Town Engineer s.\sp1511 shoemaker adf storage-bonavim\07-dw T� Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands Ll WPA Form 5 - Order of Conditions 87-0534 - Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: From: When filling out forms on Agawam the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your C> - cursor-do ® Order of Conditions �+ not use the return key. ❑ Amended Order of Conditions �_ f %co 3 . To: Applicant: Property Owner(if different from gplicanW.Q Carlo Bonavita _Angelina &John Bruno Name Name 1775 Main Street 10 Memorial Drive Mailing Address Mailing Address Agawam, MA 01001 Feeding Hills, MA 01030 City/Town state Zip Code City/Town State Zip Code 1. Project Location: 444 Shoemaker Lane Agawam Street Address City/Town - G5 5/9 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Hampden County Book Page Certificate(if registered land) 3. Dates: May 15, 2007 June 14, 2007 June 14, 2007 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Site Plan Approval for Shoemaker Self Storage, 444 Shoemaker Lane, Agawam, MA May 15, 2007 Title revised 5-31-07 Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Mark B. Darnold Name 6. Total Fee: $3150 (from Appendix B:Wetland Fee Transmittal Form) Wpaform5.doc•rev.12/15/00 Page 1 of 7 Massachusetts Department of Environmental Protection DEP File Number: L,7 Bureau of Resource Protection -Wetlands . WPA.Form 5 - Order of Conditions Provided 1 Provided by©EP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission'Inds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ❑ Protection of Wildlife Habitat ❑ Groundwater Supply ® Storm Damage Prevention ❑ Flood Control Furthermore,this Commission hereby finds the project,as proposed,is:(check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above.This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above.Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. W paform5.doc•rev.12115/00 Page 2 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -.Wetlands WPA Form 5 - Order of Conditions 87-0534 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cost.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years,from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish,or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all,administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, Massachusetts Department of Environmental Protection" [or;"MA DEP"] "File Number 87-0534 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12, The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. Wpafor nUoc•rev.1211 MD Page 3 of 7 LlMassachusetts Department of Environmental Protection DEp File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - order of Conditions 87-0534 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. SEE ATTACHED CONDITIONS! Findings as to municipal bylaw or ordinance Furthermore, the hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply'with a municipal ordinance or bylaw, specifically: Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. Wpaform5.doc-fev.12/15/00 Page 4 of 7 TOWN OF AGAWAM, MASSACHUSETTS CONSERVATION COMMISSION ORDER OF CONDITIONS Shoemaker Lane Self Storage-Bonavita #87-0534 18. This Order supersedes all previous Orders of Conditions issued for this work. 19. The Order of Conditions applies only to the work permitted by this Order. Any other work to be done within the area of statutory interests of Wetlands Protection shall require the filing of a new Notice of Intent or Request for Determination. 20. During the construction phase, the applicant shall be responsible for maintaining a copy of these Orders at the site. The applicant shall be responsible for compliance with the conditions of these Orders. 21. Prior to the start of construction, adequate erosion and sedimentation control measures shall be implemented, and shall be maintained throughout the entire construction phase and until the site has become stabilized with permanent vegetative cover. 22. The Commission shall be notified at least seventy-two hours prior to the start of construction and after erosion control measures are in place to enable the Commission to ensure compliance with these Orders. 23. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other pollutant into any area of statutory interest. 24. All work within the area of statutory interest shall be performed so as to create minimum disturbance to the existing vegetative cover and contours. 25. Whether from on-site or off-site, any fill used in connection with this project shall be clean fill as described here: The fill material shall be clean coarse washed sand or other clean granular material essentially free of clay, fines, dust, organic matter, large stones, masonry, stumps, frozen clumps of earth, wood tree branches and waste material. Before the fill is put in place, all trees,brush and stumps shall be removed from the area to be filled. Topsoil,peat and other impervious materials shall be removed from all areas to be filled prior to the placement of the fill material. 26. No creosote shall be used in any areas of statutory interests. An Environmental Impact Statement of any alternative preservative shall be submitted to the Commission prior to the start of construction phase. 27. During snow removal operations, snow shall not be piled or placed within an area of statutory interest, and snow containing extraneous matter shall be kept away from these areas. Road salt shall not be used in an area of statuut ry interest or on surfaces where surface drainage discharges into these areas. 28. Where stone or rock fill has been specified for use in areas that will require subsequent seeding, a minimum of twelve(12)inches of compacted clean fill (previously described) shall be placed prior to loam placement and seeding. 29. Yearly cleaning of the basin shall be conducted by the owner and all successors in interest or control of the property. (All catch basins shall contain oil/grease traps. These traps shall be cleaned routinely,but at least once every six months.) The applicant,his successors or assignee, shall have the continuing responsibility of this maintenance. 30. This parcel shall carry the following restrictions, and a covenant so noted on its deed: "This lot contains certain areas or abuts areas protected by Chapter 131, Section 40 of the General Laws of Massachusetts known as the Wetlands Protection Act and comes under the jurisdiction of the Agawam Conservation Commission. No cutting of trees, clearing of brush, digging, filling in with soil or debris, or the building of bridges is permitted within one hundred(I 00) feet of the designated wetland areas or within 200'of any designated river without specific approval granted by the Conservation Commission." 31. The Commission reserves the right to impose additional conditions on any or all portions of this work to minimize the impact of potential site erosion or noticeable degradation of water quality discharging from the site at any time. 32. Members and Agents of the Agawam Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the construction site to evaluate compliance with the order and to require the submittal of any additional information deemed necessary. 33. This order shall apply to all successor or assignee in interest or control of the subject property. Any conveyance of interest or control in the subject property shall make reference to this order by stating that the conveyance is subject to the provisions of an Order of Conditions under the Wetlands Protection Act, M,G.L. Chapter 131, Section 40, and by giving the book and page reference in the Hampden County Registry of Deeds where this order is recorded. 34. The petitioner shall have recorded in the Hampden County Registry of Deeds an"Order of Conditions Form" provided by this Commission. The Commission will not allow work to begin until proof of recording is provided the Conservation Commission. sw Massachusetts Department.of Environmental Protection DEP rife Numb: Bureau of Resource Protection -Wetlands . WPA Form 5 - Order of Conditions Provided byDEP ,N Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (coat.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. June 14 , 2007 Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office(see Appendix A) and the property owner(if different from applicant). Signatures: Hen zlos kol S e k JAJ RIG r Becker 7!71% Frank Keagh Jim Messick On 14t:h Of June 2007 Day T_ Month and Year before me personally appeared H. Kozloski, M. Soticheck, F. Harpin, S. Becker, F. Meagher, J . MeSslck to me know a th rson c ' e in and who executed the foregoing instrument and ack owl tha he ed sa his/her free act and deed. June -A . 2010 olary Public My Commission Expires This Order is issued to the applicant as follows: by hand delivery on by certified mail,return receipt requested,on Jrne1!2 , 2007 .Date Date WPA Form 5 Pape 5 or 7 Rev-02100 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - order of Conditions 87-0534 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 .Provided by DEP C. Appeals _ The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order,or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40)and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Conservation Commission Wpaform5.doc•rev.12/15/00 Page 5 at 7 r Massachusetts Department of Environmental Protection DEP Fite Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-0534 _ 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Information (cost.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ---------------------------------------------------------------------------------------- --------------------------------- To: Agawam Conservation Commission Please be advised that the Order of Conditions for the Project at: 444 Shoemaker Lane 87-0534 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampden County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Wpaform5.doc-rev.12/15100 Page 7 of 7 �AtAv1 C, O-Tz, Massachusetts Department of Environmental Protection ��- Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 'cg A. General Information a• Important: _ a r— When filling out From: 3 rn forms on the f` Agawam = 3�" computer, use Conservation Commission J T only the tab keyto move � To: Applicant Property Owner(if different froM&plicart_): your cursor- r do not use the Carlo Bonavita Angelina_ &John Bruno return key. Name Name 1775 Main Street 10 Memorial Drive Mailing Address Mailing Address Agawam MA 01001 Feeding Hills MA 01030 CitylTown State Zip Code Cityrrown State Zip Code 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Land in Agawam Plan for Carlo Bonavita, Existing Conditions November 13, 2006 Title Date Title Date Title Date 2. Date Request Filed: March 26, 2007 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the.following Determination. Project Description (if applicable): n/a Project Location: 444 Shoemaker Lane Agawam Street Address City/Town G5 5/9 Assessors Map/Plat Number Paroel/Lot Number wpaformUoc•rev.12/15100 Page 1 of 5 lMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands . WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ® 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. bordering vegetated wetland ® 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. bank ❑ 3. The work described on referenced plan(s)and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4.The work described on referenced plan(s)and document(s)is within the Buffer Zone and will alter an Area subject to protection under the Act.Therefore, said work requires the filing of a Notice of Intent. ❑ 5.The area and/or work described on referenced plan(s)and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or By4aw Citation wpaform2.doc•rev.12/15100 Page 2 of 5 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. if a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s),which includes all or past of the work described in the Request,the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c.for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department.Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3.The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4.The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•rev,12116100 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cunt.) ❑ '5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatorylregulatory provisions) ❑ 6.The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on May 11 , 2007 Date Date This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state,or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A)and the property owner(if different from the applicant). ❑❑Signatures: cig' May 10, 2007 Date wpaform2.doc•rev.12115/00 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional office(see Appendix A)to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Appendix I;: Request for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed.To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.d0c•rev.1215M0 Page 5 of 5 S- Massachusetts Department of Environmental Protection L7 Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Genera{ Information Important: When filling out From: forms on the Agawam computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Louis Bonavita and Anthony Grassetti Agawam Sportsman'sClub, c/o Atty J. McGrath return key. Name Name 67 Alexander Drive 80 Maple Street Mailing Address Mailing Address Agawam MA 01001 Springfield MA 01105 City/Town State Zip Code City/Town State Zip code 1. Title and Date(or Revised Date if applicable)of Final Plans and.Other Documents: Fiore Pond Estates, Existing Conditions Plan 1-2-07 Tide Date Title Date Title Date 2. Date Request Filed: 1/2107 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considemd your Request for Determination of Applicability, with its supporting documentation, and mad�he fpJl®wing Determination. ss. C-) Project Description (if applicable): r n r �rT wetland delineation 3 t- r - r,. t� Project Location: 358 Corey Street Agawam _ Street Address Cityrrown M 12 2/1 Assessors Map/Plat Number Parcel/Lot Number wpaforn2.doc•rev.12115100 Page 1 d 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ® 2a.The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection.Act and its regulations regarding such boundaries for as long as this Determination is valid. bordering vegetated wetlands; 100' buffer; land under water body(pond); ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3.The work described on referenced plans)and documents)is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s)is within the Buffer Zone and will alter an Area subject to protection under the Act.Therefore, said work requires the filing of a Notice of Intent. ❑ 5.The area and/or work described on referenced plan(s)and document(s)is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaformUoc•rev.12115M Page 2 or 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 -- Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) _ T ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the RiverFront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c.for more information about the scope of alternatives requirements)- El Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability,work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department.Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove,fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act.Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4.The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone).Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaformMoc•rev.12/15100 Page 3 of 5 r Massachusetts Department of Environmental.Protection Bureau of Resource Protection -Wetlands 1 WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5.The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatorytregulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on [ by certified mail, return receipt requested on January 12 , 2007 Date Date This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan).This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A) and the property owner(if different from the applicant). t_❑Signatures: January 11 , 2007 Date wpaform2.doc•rev.1205100 Page 4 of 5 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 7 IIIIPA Form - Order of Conditions 87-0523 Provided by DEP Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 A. General Information Important: When filling From' out forms on Agawam the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions tab" To: Applicant: Property Owner(if different from applicant}: c: Catherine Benson Name � Name N 77 Riverview Avenue Mailing Address Mailing Address Agawam MA 01001 Cityrrown State Zip Code City/Town State Zip Code 1. Project Location: 77 Riverview Avenue _Agawam Street Address Cityrrown L1 514 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Hampden 6968 349 County Book Page Certificate(if registered land) 3. Dates: May 16, 2006 May 25, 2006 _ June 8, 2006 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Sketch by Environmental Services none Title Date Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: n/a Name 6. Total Fee: $110.00 (from Appendix B:Wetland Fee Transmittal Form) Wpaform5.doc•rev.1211=0 Page 1 of 7 LlMassachusetts Department of Environmental Protection pip File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-0523 - Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information,provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ❑ Protection of Wildlife Habitat ❑ Groundwater Supply ® Storm Damage Prevention ® Flood Control Furthermore, this Commission hereby finds the project,as proposed, is:(check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above.This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above.Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures,shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Wpaform5.doc•rev.12115/00 Page 2 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - order of Conditions 87-0523 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years,from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the _Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number87-0523 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. WpaformMoc•rev.12115/00 Page 3 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 87-0523 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by. this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. SEE ATTACHED CONDITIONS Findings as to municipal bylaw or ordinance Furthermore, the hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Municipal Ordinance or Bylaw Citation' The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or diner from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. Wpaform5.doc•rev.1211 MO Page 4 of 7 TOWN OF AGAWAM, MASSACHUSETTS CONSERVATION COMMISSION ORDER OF CONDITIONS _ Benson - Riverview Avenue - 87-0523 18. This Order supersedes all previous Orders of Conditions issued for this work. 19. The Order of Conditions applies only to the work permitted by this Order. Any other work to be done within the area of statutory interests of Wetlands Protection shall require the filing of a new Notice of Intent or Request for Determination. 20. During the construction phase, the applicant shall be responsible for maintaining a copy of these Orders at the site. The applicant shall be responsible for compliance with the conditions of these Orders. 21. Prior to the start of construction, adequate erosion and sedimentation control measures shall be implemented, and shall be maintained throughout the entire construction phase and until the site has become stabilized with permanent vegetative cover. '22. The Commission shall be notified at least seventy-two hours prior to the start of construction and after erosion control measures are in place to enable the Commission to ensure compliance with these Orders. 23. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other pollutant into any area of statutory interest. 24. At no time shall any construction materials, soils, fills, sediments, dredging or any other substances be stockpiled or stored in any area of statutory interest. 25. The construction site shall be left in a stable condition at the close of each day. Erosion and sedimentation controls shall be continuously monitored to ensure proper operation. 26. All work is to be performed during low-flow periods (late June through mid September) in order to minimize environmental impacts. 27. No creosote shall be used in any areas of statutory interests. An Environmental Impact Statement of any alternative preservative shall be submitted to the Commission prior to the start of construction phase. 28. This parcel shall carry the following restrictions, and a covenant so noted on its deed: "This lot contains certain areas or abuts areas protected by Chapter 131, Section 40 of the General Laws of Massachusetts known as the Wetlands Protection Act and comes under the jurisdiction of the Agawam Conservation Commission. No cutting of trees, clearing of brush, digging, filling in with soil or debris, or the building of bridges is permitted within one hundred (100) feet of the designated wetland areas or within 200' of any designated river without specific approval granted by the Conservation Commission." 29. The Commission reserves the right to impose additional conditions on any or all portions of this work to minimize the impact of potential site erosion or noticeable degradation of water quality discharging from the site at any time. 30. Members and Agents of the Agawam Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the construction site to evaluate compliance with the order and to require the submittal of any additional information deemed necessary. 31. This ordet shall apply to all successor or assignee in interest or control of the subject property. Any conveyance of interest or control in the subject property shall make reference to this order by stating that the conveyance is subject to the provisions of an Order of Conditions under the Wetlands Protection Act, M.G.L. Chapter 131, Section 40, and by giving the book and page reference in the Hampden County Registry of Deeds where this order is recorded. 32. The petitioner shall have recorded in the Hampden County Registry of Deeds an "Order of Conditions Form" provided by this Commission. The Commission will not allow work to begin until proof of recording is provided the Conservation Commission. Massachusetts Department of Environmental Protection DEP Fite Numben Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions Provided byDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of issuance. June 8,. 2006 Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A)and the property owner(if different from applicant). Signatures: ' • � r Ma:rI14 Soticheck Sh ec er Henry Kozlosk' On Sth Of June, 2006 Day Month and Year before me personally appeared Jill Messick, Mark Soticheck, Sheryl Becker, Henry Kozloski to me kno to e t perso described in and who executed the foregoing instrument and acknowl g th !s ut he s e as his/her free act and deed. June 4 , 2010 Notary Public My Commission Expires This Order is issued to the applicant as folia+nrs: ❑ by hand delivery an ® by certified mail,return receipt requested,on June 16 , 2006 Date Date Wpaform5.doc•rev.12I15/00 Page 5 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-0523 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G,t_. c. 131, § 40)and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Agawam Conservation Commission wpaform5.doc•rev.12115/00 Page 6 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Pro0d Provided Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -------------------------------------------------------------------------------------------------------------------------- To: Agawam Conservation Commission Please be advised that the Order of Conditions for the Project at: 77 Riverview Avenue 87-0523 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampden County Book Page for: Property Owner- - — - - and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Wpaform5.doc•rev.12115AOO Page 7 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the swam computer,use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Ro er& Marjorie Bessette return key. Name Name 148 Roosevelt Avenue Mailing Address Mailing Address Feeding Hills MA 01030 City/Town state Zip Code Cityrrown State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Assessor's map and photos none Title Date :m€ i Title Date � Title Date , 2. Date Request Filed: r to April 19, 2005 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): installation of 18'above ground pool on side yard Project Location: 148 Roosevelt Avenue Feeding Hills Street Address Cityrrown D13 9/11 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doe•rev.1205M. Pagel of 5 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cost.) The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 4. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b.The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s)and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plans)and document(s)is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaforn2.doc•rev.12/15100 Page 2 of 5 Massachusetts Department of Environmental Protection L7�1 Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability kk Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cunt.) ❑ 6.The following area and/or work, if any, is subject to a municipal ordinance or bylaw but no subject to the Massachusetts Wetlands Protection Act: Q 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s),which includes all or part of the work described in the Request,the applicant must consider the following alternatives.(Refer to the wetland regulations at 10.58(4)c.for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department.Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer zone. ® 2. The work described in the Request is within an area subject to protection under the Act, but will not remove,fill, dredge, or alter that area. Therefore,said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpafarm2.doc•rev.9211 SW Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands '1111PA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 4 B. Determination (cont.) ❑ S. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption,as specified In the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6.The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name -- ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on © by certified mail, retum receipt requested on May 3 , 2005 Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal,state, or local statutes, ordinances, bylaws, or regulations. This Determination must to signed by a majority of the conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A) and the property owner(f different from the applicant). Signatures: J :f April 28 , 2005 Date WPA Porm 2 Page 4 cf 5 Rev r0W ZET//,m/y &A6:#161y 6,e Gd� r Town of Agawam' 36 Main Street Agawam, Massachusetts 01001-1837 ` Tel. 413-786-0400 Fax 413-786-9927 October 12, 2005 Bethany Assembly of God Cn_ 580 Main Street co Agawam, MA 01001 To Whom It May Concern: At its duly called meeting held on October 6, 2005,the Agawam Planning Board voted to take the Site Plan for the proposed widening of your current driveway on Main Street off of their agenda until you have received a permit from the Massachusetts Highway Department. If you have any questions,please feel free to contact this office at 786-0400, extension 283. Sincerely, Travis Ward, Acting Chairman AGAWAM PLANNING BOARD TW/DSD:pre cc: Town Clerk Building Dept. Eng. File Town of Agawam of: 36 Main Street Agawam, Massachusetts 01001-1837 z �gTEO M�' Tel. 413-786-0400 Fax 413-786-9927 PLANNING BOARD June 21, 2005 Bethany Assembly of God 590 Main Street Agawam, MA 01001 To Whom It May Concern: At its duly called meeting held on June 16, 2005, the Agawam Planning Board voted to approve the site plan entitled `Bethany Assembly of God-Conference Room Addition, 580 Main Street, Agawam, Massachusetts",prepared by Kuhn Riddle Architects and dated 06/07/05. Sincerely, ao Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD DBH:pre cc: Building Engineering Town ClelY File ZZ OD 4 Town of Agawam 1� V 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 Fyn ..... - March 2, 2005 David Cecchi, Chairman Agawam Historical Commission 29 Albert Street Agawam, MA 01001 Dear Mr. Cecchi: Attached please find a Demolition Permit Application for 588 Main Street. The property is listed in the Agawam Historical Inventory so therefore receives a Positive Determination under Agawam's Demolition Delay Ordinance. PIease schedule your public hearing as soon as possible and notify this office of the time and date. If you have any questions or desire more information,please contact the Planning Office at 786-. 0400, extension 283. Sincerely, s� Deborah S. Dachos, Director OFFICE OF PLANNING &COMMUNITY DEVELOPMENT DSD:pre ` c c n cc: Cle c= Building File .� E PLEASE PRINT CLEARLY THIS APPLICATION NOT FOR INTERIOR OR PARTIAL DEMOLITION. No........................................ Zone.................................. Type................................... -----APPLICANT NOT TO FILL IN SPACES ABOVE THIS LINE----- , Application for Demolition (To be filled out in ink or on a typewriter) e Town of Agawam, MA 1. Street and No....... .ff.....[�[ 1 . 1:.. e�� .... ... .. 2. Owners Nanie....... t !a+'-%y.... ot M city............kga c ..StateM .Zip.................Tel: 3. Architect's Name......yahjo...s1ul. ... Address. ? + .......... . city....Am.b&r.-a:r................ StateA&...Zip.ojo a�....Tel. ..(11-42 a5q a 10 a 4. Contractor's Nanje....TMf,4..TgI(AA-r...............Address.V.&.? LIA....b�'i ,.. Tel...��.ga'.. .......Lic. No.a.�.-1f1-F-3 ....Sig of Licensee. ........... 5. Use of building or structure... t .�� tCl .... ............. ........ ......................... .... .... ... . 6. Size of building, Square Footage-Ai.".0.........................Stories....A................................ 7. If a Multi-Res. Bldg. -How many units................. . . .....................................................:..., 8. Method of Disposal of Debris.............. mt�t t'�.h�l .....b r 5I C S........................... ............................................................................................................................................... As required by Massachusetts State Building code, Chapter 1, Section 111.5, all debris resulting therefrom shall be disposed of in.a properly licensed solid waste facility. 9. Demolition Sign offs DATE BY, N 0 BAYSTATE GAS ............................... ... .... ........ N.E. UTILITIES ......................... ..............:...:.......... .... . ........ WATER DEPT. ......................... ....I.......I.................� SEWER DEPT. .................... .......... '.... .... ...... LABOR& INDUSTRY AND/OR D.E.P. rn TELEPHONE CO. .......................... .................................�.....U,, . . ...... CABLE.T.V. ... ............. "..... As required by Massachusetts State Building Code, Chapter 1,Section 112.1, a demolition pen-nit will not be issued until release is obtained that the respective services have been removed. .�Qbf.Pda.r.Q.Q...... The undersigned certifies that the vita" above statements are true to the best MA'S a , 2005 of his knowledge and .... ..... ............... ...................... .�5i weer architect,en r or sutborized representative p�.p► WRITTEN DESCRIPTION OF WORK TO BE DONE (Use blank half of reverse side, if necessary) ....g.4CY4P. s�Z....�T.... ►..Gtlf1G�... !?4�..IJ'Jt.... ti;aY1� ................. v.......................... 114R���Dl�... ...?j 4�Y`4t�.P�. ................... QV. ;..: ..�R�,..:.17tQY.�f ......... Workers' Compensation: NO PERMIT SHALL BE ISSUED TO DEMOLISH A BUILDING OR'STRUCTURE UNTIL ACCEPTABLE PROOF OF INSURANCE PURSUANT TO M.G.L.,CHAPTER 152,SECTION 25C(6)HAS BEEN PROVIDED TO THE BUILDING OFFICIAL.. R Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 MP Tel. 413-786-0400 Fax 413-786-9927 October 6, 2005 John Biergel 876 North West Street u, Feeding Hills, MA 01030 -- Dear Mr. Biergel; At its duly called meeting held on October 6, 2005, the Agawam Planning Board voted to approve your plans under"Subdivision Control Law Not Required" for a parcel of land located on North West Street. Plans drawn by R.A. Foresi Associates and dated September 20, 2005. Sincerely, AGAWAM PLANNING BOARD Please be advised thatfailure to record the-plan within six (6) months and provide proof of recording will negate the action of the Board Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam,MA 011001. To Agawam Planning Board Please be advised that the Form A plan that was filed by Biergel and approved by the Agawam Planning Board for a parcel of land located on North West St. has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant Town .of Agawam 36 Main Street Agawam, Massachusetts 01001-1537 Tel. 41.3-786-0400 Fax 413-786-9927 C3 FORM A Applica_ ign for Endmernentof PlaL NQJ Be_ lievgd to RgquirgApprovaI tV - FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COX MH THE TOWN CLERK iN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B Agawam, MA 20 0 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. I. Name of Applicant --TC9 # h! 3 U= A L.E - - -7'�6-O I Address 7 _e Rj f g, z jF -Alt 2. Name of Surveyor Address $c LJe 3. Deed of Property Recorded in Book `(-7 0 5' Page [ `- 7 4. Location of Property 5. Describe the proposal in this submission: ,�+ 1 ATTACHMENTS - Two originals and three copies of plan by certified land surveyor. Filing Fee - $35.00. Signature of Owner Address !K 7 k A R fpl W it�,T f�4S a�v3D a; DECISION OF BOARD OF APPEALS 1� MP� 0 Petition of Steven&Linda Bonasoni Premises affected: 12 Tower Terrace Date: November 27,2006 Case#: 1768 The Agawam Board of Appeals conducted a public hearing and meeting on November 27, 2006, at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Steven& Linda Bonasoni, who are seeking a Special Permit in accordance with Sections 180-7, Paragraphs a&B of the Zoning ordinances,which would allow for the enclosure of a three season room onto an existing porch to a non-conforming residential structure and lot with less than the required side yard and front setback located at the premises identified as 12 Tower Terrace. After the public hearings, and after a thorough review of the facts presented, the Agawam Board of Appeals made the following findings: 1. The subject property is located in an area of Town zoned Residential A-2. 2. The petitioner wishes to construct an addition to the existing non-conforming residential structure. 3. Section 180-25 states "no part of any building shall be placed within thirty(30) feet of any street line". 4. The existing front setback is twenty-eight(28) feet. 5. Section 180-26, Paragraph A(1) states: "there shall be a side yard between a principle building and any side lot line which shall be fifteen(15� feet wide in its least dimension. 6. The side yard on the south side of the residential dwelling is eight(8) feet. 7. Section 180-7 (B2) states that a non-conforming structure maybe altered or enlarged in that use,but only after the granting of a Special Permit by the Board of Appeals. 8. The proposed addition will not create any greater an encroachment than that which already exists. 9. There was no opposition expressed at the hearing nor received in writing by this Board. 10. The site is an appropriate location for such a use. 11. The use, as developed, will not adversely affect the health, safety or property values of the neighborhood. 12. There will be no nuisance or potential hazard to vehicle or pedestrian safety. 13. Adequate and appropriate facilities and controls will be provided for the proper and safe operation of the proposed use. 14. The proposed addition is not considered so objectionable or obnoxious so as to be against the public interest or detrimental or injurious to the character of the neighborhood. 'Based on its findings, this Board is of the opinion that it is within the authority of the Board of Appeals to grant a Special Permit as stated under Section 180-7,Paragraph B2 of the Zoning Ordinances. Now, therefore,by a unanimous vote of its three members,the Zoning Board of Appeals hereby grants the petitioner a Special Permit to allow for the construction of an addition to a non-conforming residential dwelling with the following conditions: 1. The proposed addition shall be built according to the plan entitled " Tower Terrace" submitted to this Board. 2. This Special Permit grants relief to build a rear addition to the non-conforming residential dwelling with less than the required front set back and less and than the required side yard. 3. All other zoning and building requirements will be met. 4. The petitioner shall record with the Hampden County Registry of Deeds a "Notice of Special Permit" form,which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. S. This Special Permit shall become null and void if construction does not commence within two (2)years from the date of this decision. Doreen Prou &/A Fred Harpin G Su p- 7 W G o C" n oo 3 nC-- M 4n -7r i/• rr Page 2 of 2 TOWN O.FAGAWANI A 36 , L41N STREET �9CM o AGA WAM, MA 01001 CD -) .4 c-) pr BOARD OF APPEALS 3`'0 CD n Case # �l Filed D �' Hearin ; Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and other By-laws. ApplicantaF t Q_ 604ASM Address Z -7 Application is hereby made for SPEIA.L PERMIT as provided by Section JF2 0 ` 7 Paragraph A t 6 of the By-law. Premises affected are situated on�TtWa, -P_,h2E C2J Street; f d 0 feet distant from the corner of� � S " Street and known as street nurnber Property is zoned as �:b disk-. - R Sigzzature of q56er or his authorized agent NOTICE: THIS APPLICATION MUST BE FILLED OUT IN INIC OR TYPEWRITTEN FA - - 3 Town of. Agawam . Inspection Services Department Building Inspection Code Enforcement �P�fiATEO M�' - 1000 Suffield Street,Agawam,MA 01001 Dominic Urbinati Telephone- (413) 821-0632 Richard Bosini Inspector of Buildings Fax (413) 821-0637 Electrical Inspector Sealer of Weights&Measures Enforcement Officer Roberi Maloni Plumbing Inspector Cross Connection Surveyor DATE: � � TO: Planning Department FROM: Dominic Urbinati,Inspector of Buildings RE: /07 fawer Special Permit: y Variance: The above referenced property is applying to the Board of Appeals. The'Section of the Agawam Zoning by-Laws, which they are seeking relief from is Section Z&;P�,Paragrapher C� . vi • a o� wa1043 • law • • • -.• • • ram.' • • • / a • JJa� ■ ♦ •- • •_ kv . . 0 It It •r • • ■ • • a • • • • • • • • . Y • • •J�) • • • .• • • •. • • • • d is!Q •lei � 3 4 � G RN 1 e019 PU543 *90048 1 R-07-2001 9 1 1 1 17a; Property Address: 12 Tower Terrace Agawam,MA 01001 WARRANTY DEED KNOW ALL MEN BY THESE PRESENT'S diet WE,BMAN C.FOGG of and LINDA J.FOGG m/k/a LINDA J.BONASONI of 12 Tower Terrace,Agawam,MR and in consideration of Tim Thousand Dive Hundred and 001100 DOLLARS(S3,300.00) grants to LINDA J.BONASONI and STEVEN M BONASON1,husband and wife,tenants by the entirely both of i 2 Tower Terrace,Agawam,MA 01001 with WARRANTY COVENANTS the land and buildings on 12 Tower Tetrace,in Agawam,Hampden County,Massachusetts,being mare particularly described in the attached Exhibit"A",which Exhibit is incorporated herein by reference, Executed as a seat in6lrumenl this 3rd day ofDoeember, WI S BRFAN C.FOGG WITNESS LINDA J. atic/a LINDA 7, $ONASONI COMMONWEALTH OlF MASSACHUSETTS Hiampden,a& December 3,2001 Then personally appeared the above-named Limb J.Fogg aWn Linda J.Bonasoni and acknowkdgpd the foregoing to be her fm act and deed,before ma N6fttryIos M.M Public INt3�I1�LD My commission expires:10/31M ENDS JRE4312 "At*N:bEt4 L.6CF 12AP/M 11:33M 01 110= FEE t15.43 Return To: CASH $1 .9b Lbtla J.BaTumni 12 Tower Terrace Aaawarn,MA 0001 Bk 1e01`3 Pg544 090048 COMMONWEALTH OF MASSACRUSE7TS f lampshirc,ss. December 5,2001 • Ilren personally appeared the above-named Brian U.Fogg and acknowledged the foregoing to be his free ael and deed,before me. Parles M.Maguire Lary Public My commission expbes.10/3IM kelum Tw. Linda J.Bonasosri 12 lower Terrace Agawam,MA 01001 1 EMEDIT W Sk leO19 Pg545 #90049 h cartain tract of land, altnrttrxl in Agawam, Ihadpden cmxity, tunnachusetts and known and designated as lot No. 21 on plan of lots resoreied in ltanpdan county neglstry of Vends, nook A of Planes, Page 72, said lot being more particularly lxnuKled and described es follows Ommrdcd 41pR'11W7S't'171LY by `rower Terrace, fifty 450h feet•! BOMIFATIlm LY by lot No. 20 on said plan, one hundred 11001 feet? '.3Ut1111WFMmtr,Y by land of Harriette Jr.D. Rower, now or forwerly, fifty (591 feet; � and 1x%fSIWES'1MY by late No. 23 and 22 on said plan, one lnadred ROM feet. Also, cetain real estate, situated in said Agawam, and brxnvdW and described an tnl]owa: Dowrdad SIXM W MI'VILY by land corlveye:d by Jolmm M. dlanahy to 11*0rdore J. Itoberge and Matie S. Roherge by deed dated Ray 18, 1944 and rrx:orded in said lteegistrg of Deed* on May 18, 1944 as Orxtmrst Nb. 5749, fifty feet, NUIMIUMMU,Y by land rxm or formerly of c:atherine C. Lunahy and Jolon na; M. Damliy, fifty 1501 feet-j and 8L%MTAS'1M1.Y dry land now or forwerly of IL%rriette F. D. 'rower, fifty 150) feet. Being the rear portion of Lot #26 an shower on Plan of lots owrrr_d by H.F. Tramr-Steele Arta., Srrgrs. - recorded in said Registry of Beede, Dook of Plana 1d, Page 30. Silrject to rights grzntrd to Amlecrat Fhawer empany by inatrument dated September `- 24, 1912, recorded as aforesaid, pools 663. Page 43. Subjm-t to restrictions of rmvrd, if still in force and applicable. Being the same premises conveyed to Brian C. Fogg and Linda J. Fogg by dead of Jeffrey Allan Bonzek and Kathleen Shepard Bonzek dated July 22, 1960 and recorded on August 6. 1980 fn the Hampden County Registry of Deeds in Book 4975. Page 367. "PUN=MIT RFMM DM r -ED 4 PAGE r REGISTER � 3 4.LLL LL L LLI- LL LL LE�t 3.a Dl— "00",3,d .o 411E�� WIN , yM�►OCV wSuL�W ALL a�sa�at�er��c��za� any Y w�uba� �f2 `P�ir��►Son� � j i L,SIt' 14, LL� JL .: , J i i i 4 !la"aG �}o ac�tHu� �fIn�14.IZ R,w`� ��NC I_ �jpc+�r�OA�dns �Ic�N tam AAk �t i f qme-- , 1 10 lit G*fp "W"w irl a,w apak Job Truss Truss Type Qty Ply JOBS UNTITLEE TAIL BEARING 15 1 Jab Reference tlona! Western Mass Truss,Westfield,MA 6.200 s Oct 18 2005 MITek Indusfrles,Inc, tug Sep 05 16:30:56 2008 Pape 1 �0-11-12 7-3-0 -- 13-6-4 i 14-6-0 0-11-12 6-3-4 6-3-4 0-11-12 Scale=1:18. �7- 4x6 MIi20= 3.00 12 4 �l 3 5 I T1 T2 CN 2 6 4x4 M1120= 4x4 M1120= \ 719 �. I 3-0-0 11-6-0 14-6-0 3-0-0 5-6-0 3-0-0 Plate Offsets X Y: 3:0-5-12 0-M 5:0-5-1 0-0-0 LOADING(psf) SPACIN 2-M CSI DEFL in (Ioc) I/defl Ltd PLATES GRIP TCLL 35.0 Plates In rease 1.15 TC 0.86 V,ert(LL) -0.32 3-5 >457 240 M1120 197/144 TCDL 10.0 Lumber[ crease 1.15 BC 0.70 Vert(TL) -0,66 3-5 >221 180 SCLL 0.0 Rep Stre s Incr NO WB 0.00 Horz(TL) 0-21 6 n/a n/a BCDL 10.0 Code IR 20031TP12002 (Matrix) Weight:35 lb r LUMBER BRACING TOP CHORD 2 X 6 SPF 2100F 1.8E TOP CHORD @5�1-ir;Mp tSPF 1fi50F 1,5E Installation 1 Stabilizer(s)at 9-4-8(max)oc. rm nen o Town of Agawam Assessor's Office 36 Main Street, Agawam, Massachusetts 01001-1837 Tel. 413 -786-0400 x 205 Fax 413 - 786-9927 D Email: assessor@agawam.ma.us October 6, 2006 Mr. &Mrs. Steven Bonasoni 12 Tower Tr. Agawam,MA 01001 Dear Mr. &Mrs. Bonasoni: RE: Abutters List for 12 Tower Tr.,Agawam(I1-6-18-6) The attached abutters list for the above-named property has been certified with 38 abutters. If you have any questions,please call. Sincerely, Chester J.Nicora, Jr.,MRA, GAA, GRI Acting Assessor Page of Town of Agawam N. No ` 36 Main. Street Agawain, Massachusetts 01001-1837 p^�`A Tel. 413-786-0400 . ' Fax..413-78� 992.7.. RFEp � E (n DATE: to CERTIFICATION OF ABUTTERS LIST o O -0 `• W NO PROPERTY LOCATION: _.. MAP# BLOCK# '? LOT# CONTACT PERSON NAME: - 44A, 6VINSUL- CONTACT PERSON-ADDRESS _ -2. 9 _ �• ..__ CONTACT PERSON -PHONE NUMBER ABUTTERS Name: � IVIap# Block# Lot# Address of property: `�-� i Address of Owner: Name: S -,� ( S5L +1F1 Map#T Black#?Lot# Address of roe e2 o Address of Owner. _ �`1 C,7(7 {� _ Page _ ofj ABUTTERS Name : ap#-X-L(P Buck# Lot# Address of property: Address of Owner. Name: r' / de- Map# - I�' Block#, Lot# . Address of property : ljt 16 Address of Owner: 04a. U fo d / Name: Map# I Block# Lot# fAddress of property Address of Owner: f Name: Map -� / Block# Lot# _ Address of property: Address of Owner: I 0 Name: Map# 1 Block# I Lot# Address of property: i D G Address of Owner: ` Map# T' /tca BIock# Lot# Address of property: I Address of Ovmer: i' - U 1 vv i Page of . ABUTTERS o Name : �'" t �" !' .� p#� Block#�'Lot#, Address ofproperiy: D 12 Z&2&2' Addross of Owner. Name: TA2 a 1 711,19, � _ [ Map# -� �� Block#,. Lot# i. Address of property: S [Sa ✓ Address of Owner: A MW 6) 0 G� ? 7 3 711 _.� Name: Map#--T { Black# Lot#. . /Address of prop mty J P/`v�'�f , Address of Owner: SIC Cam. Name: _ -C" f � f S,- --; ,- ;- Map#- Block# Lot# Address of property: - Address of Owner: Name: Map# �' Bloch# 1 Lot# �- Address of property Address of Owner: �V Name: ' �' V r Map# / Block# 5 Lot# - ..Address of property-, Owner: Address f o� 3 . s � Page. of ABUTTERS Name : Map# Block# Low f Address of property Address of Owner:_ rn _;w � If Yl Name: _ &%44_e, ,�' �b a Ma Block# Lot# Address of property : Address of Owner: YV 6jD M-j J)V CL_P1 n 1 _ -- Map# Block# 1 Lot# Address of property Address of Owmer: OLW Lt_. Name: _ y y,C�r 14 Map#r 1 b Block# _ {c Lot# Address of property: k - . Address of Owner: o 0 �-- Of., '� `' Ma Block# Lot# Name: _[9.A-� 11�� P#- Address ofproperty : 3 0 r'0f2 T I Address of Owner: — ► :Ltd C[_ YYl . } .I C 0 1 T _, r- laze: IcLa I 6 +`Q d 7 �c Map# Block# Lot# Wdress ofproperty.: _ � 2 LI q M��'.� Sft--r.-F address of Owner: ► r 114" D 1001 Page ABUTTERS . ,Name : !� r i+ 1C -D0 Map#X 1�e_ Block# !� Lois# Address of Property : 5 r-eft - Address of Owner: Nme: � ' Mav#':T- & ' Block# / Lot# Address of property . Address of Owner: �� I'[ ! 1 Sel r �.b J BI ���]'a�.e Map# 1� •ck#�� Lod �.3 Address of property St - r _ Address of Owner: _ _ 61001 Name: �U- ' C l Map#X ILI BzOC1S1� � ioL# Address of property: 40,_ n{�.. 1�' _ I .i'�r ct `....� ._, iddress of Owner: Lame: ! Map#- �o Block# � Lot# .d Y l h/a tU e.Owe_.. dress of prope : _-- .ddress of Owner. POP CEO Sine: I J lraC1 . Map# = / Block# L ot# 3dress of property, L i 41- 3dress of Owner: _ 4-rn Page'. of Y ABUT'TXRS Name : _ {.�-�-' [ Ili bl Map#- 1 Block# Lot# �Addressofproperty: ! M & T Address,of Owner. a- Name: Map# Block# Lot# 3 Address of property: 9 te, . 's4 r�7— Address of Owner: }�}-I,t1(cT Ir Ores C I C map;—'— (o .Block#- j 9 Lot# Address of property . Address of 0%mer: Name: D:t S CC I VeLn 1 (a �Block# Lot# 7 J-3 1 o Lc, �{�X; Address of property: _ `�_I� 4ddress of Owner: M Y4 /4 0 /6 d ( ,16me: _ a-r l2,YL:2�_ ` ra-.00 - -_ Map# Black# 9 Lat# OV address of property : 3 j ° -�' T� .ddress of Owner: k aime: a Lew t tom( Map#-� r�� Block# � 9 Lot# 36 ddress of property.: 5 ILA.. Lam_--- 3dress of Owner: lid-�i1A-- AAA[ Page. of Name : ! G�u-�., S s �" °af Map# Block# Lot# q JAddress of property N q L- Address bf Owner: ' '7 ✓ I4- too am:e: �� 7 AGc�_ .�t �' � �#-� �b Block#_ � Lot# Address of property': 1 qf3 Address of Owner: { Y�u Name: m ut n a 6-0 v G Y1 i* , . - Map# T 6 .Block# alk ,Lot# /Address of property : �� '� SA11+est_ i Address of Owner: Name: -(JQ�I li e! Mao Block# Lot# �* A of �� L- Address . property: ML kddress of Owner: 14ame: Map4.22�g � Block# Lot# address of property : A2 - J address of Owner: ame: Map# Black# Lot# ddress ofproperty: 1 ddress of Owner: Abutters Page I of 4 Abutters To Parcels: 116 18 6 Buffer Distance: 300 feet WESTERN MASS ELECTRIC CO PA. BOX 270 AARTFORD , CT d6141 Parcel ID: I15 7 1 FREEMAN TODD F /102 MAPLE STREET AGAWAM , MA 01001-1342 Parcel ID: 116 15 1 ENGLER RAY ROBERT SR P.O. BOX 348 COVENTRY CT 06238 Parcel ID: 116 15 2 GENDRON KYLE A ,12 SCHERPA STREET AGAWAM , MA 01001-1311 Parcel ID: 116 15 8 n' ,MOSIJCHUK GEORGIY 128 MAPLE ST AGAWAM , MA 01001 Parcel ID: I16 16 1 BONGIOVANNI WILLIAM A 118 MAPLE ST AGAWAM , MA 01001-1343 Parcel ID: I16 16 2 F MARK S P 0 BO BOX 10475. HOLYOKE , MA 01041 Parcel ID: 116 1§ 3 XALINARDI WILLIAM J 12 MULBERRY AGAWAM , MA 01001-1308 Parcel ID: I16 16 7 MAJ KA WAYN E A+ 30 PROSPECT ST AGAWAM , MA 01001-1403 Parcel ID: 116 17 1 DEFILIPI JANICE ANN 24 PROSPECT ST AGAWAM , MA 01001-1403 Parcel ID: I16 17 2 DEFILIPI JANICE ANN 24 PROSPECT ST AGAWAM , MA 01001-1403 Parcel ID: I16 17 3 httv'//hostim 6zhebond com/aaawam/mintablist asnx9dist=300&nid=I16%2018%206&coords= 10/5/2006 Abutters Page 2 of 4 CEBRELLI�MARJORIE F FAMILY TRU 14 PROSPECT ST /AGAWAM , MA 01001-1403 Parcel ID: I16 17 4 NORRIS ERIC 3 + lKy A41 MAPLE STREET GAWAM , MA 01001-1346 Parcel ID: 116 17 5 BRADY DANIEL R. I��;C/{%(7'W `i• dC��W�f /147-149 MAPLE ST AGAWAM , MA 01001-1346 Parcel ID: 116 17 6 DIDONATO ANTHONY /145 MAPLE STREET AGAWAM , MA 01001-1346 PRarcel ID: 116 17 7 BUYNICKI GARY Ogk ALL+Id/1�1�.' -)f 127 MAPLE STREET AGAWAM ,-MA 01001-1347 Parcel ID: I16 18 10 Bl;SS1=TTE ROSE A �-- 1277 SPFLD. ST. (P.O.BOX 111) FEEDING HILLS , MA 01030-0111 Parcel ID: I16 18 11 POPP DAVID /25 PROSPECT ST AGAWAM , MA 01001-1402 Parcel ID: I16 18 12 STERLING DAVID 14- /.f3 PROSPECT ST AGAWAM , MA 01001-1402 Parcel ID: I16 18 13 LUCCARDI PHYLLIS L 40 TOWER TERRACE AGAWAM , MA 01001-1407 Parcel ID: I16 18 2 SCHERPA LAWRENCE A 24 TOWER TERR AGAWAM , MA 01001-1407 Parcel ID: I16 18 3 --.� SCHERPA LAWRENCE A �4 TOWERTERRACE AGAWAM , MA 01001-1407 Parcel ID: 116 18 4 JURY DANIEL J 18 TOWER TR AGAWAM , MA 01001-1407 Parcel ID: I16 18 5 httn•//hosting tighehond com/agawam/nrintablist asnx9dist=300&nid=I16%2018%206&coords= l 0/5/2006 ' Abutters Page 3 of 4 ROSNER FREDERICK H + 117 MAPLE ST AGAWAM , MA 01001-1347 rParcel ID: I16 18 8 , L LINDI*LL MARC A ,1r9 MAPLE STREET AGAWAM , MA 01001-1347 Parcel ID: I16 18 9 i58 HIGHLAND AVE AGAWAM , MA 01001-1417 Parcel ID: I16 19 14 BALBONI RENZO /48 HIGHLAND AVE AGAWAM , MA 01001-1417 Parcel ID: 116 19 15 EDMUNDS DAWN ,�l MAPLErST 'AGAWAM , MA 01030 Parcel ID: 116 19 22 HEIDEN FRANK R ,97 MAPLE ST AGAWAM , MA 01001-1345 Parcel ID: I16 19 23 1NALSH WILLIAM T '00- 107 PIAPLE STREET AGAWAM , MA 01001-1345 Parcel ID: 116 19 24 COUGHLIN THELMA A ' /17 TOWER TERRACE AGAWAM , MA 01001-1406 Parcel ID: 116 19 25 CICHETTI DOLORES M +- -'46 ROBERTA CIRCLE AGAWAM , MA 01001-3536 Parcel ID: I16 19 26 O'SULLIVAN MARY C `33 TOWER TERRACE AGAWAM , MA 01001-1406 Parcel ID: 116 19 27 PRUSKA DARLENE E 39 TOWER TERRACE AGAWAM , MA 01001-1406 Parcel ID: 116 19 28 1-ANGONE JAMES LEWIS JR 52 54 HIGHLAND AV AGAWAM , MA 01001-1417 Parcel ID: 116 19 30 httD I/hostine tiehebond com/agawam/orintablist asnx9dist=300&nid=I16%2018%206&coords= 10/5/2006 Abutters Page 4 of 4 GRYSZOWKA PAUL S 144 MAPLE ST AGAWAM , MA 01001-1344 Parcel ID: I16 2 4 'E UTE?)U ROBERT F / .141) MAPLE ST AGAWAM , MA 01001-1344 Parcel ID: 116 2 5 , GOVONI EDMUND W 3R �� P8 MAPLE ST. /AGAWAM , MA 01001-1344 Parcel ID: I16 2 6 C PPONCELLI DONALD C 1 MULBERRY ST AGAWAM , MA 01001-1307 Parcel ID: I16 2 7 M httDWhostinsr tip-hebond com/agawam/Drintablist asvx7dist=300&roid=I16%2018%206&coords= 10/5/2006 Town of Agawam two 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 Co Z. May 20, 2008 3 ' X n� Banville/Toomey, LLC 63 Pinecone Lane Ludlow, MA Dear Mr. Banville: At its duly called meeting held on May 15, 2008, the Agawam Planning Board voted to approve the Preliminary Subdivision Plan entitled: "Preliminary Subdivision Plan, Robin Ridge Extension, Agawam, MA"prepared by R. Levesque Associates, Inc. and dated April 25, 2008 with the following conditions: I. The comments contained in the Engineering memo dated May 12, 2008 and attached must be addressed. 2. The Agawam Fire Department requests that a fire hydrant be place in the vicinity of the turn around on Lot#2. Please provide a mylar of the approved plan to the Planning Board for their signatures. If you have any questions, please contact the Planning Office at 786-0400, extension 283. Sincerely, Violet Baldwin, Acting Chairman Agawam Planning Board cc: C1 l� R. Levesque Associates, Inc. Engineering File TOWN OF AGAWAM f. Department of Public Works 1000 Suffield Street • Agawam, MA, 01001 co Tel (413) 821-0600 • Fax (413) 821-0631 John P_ Stone—Superintendent ro v :2 MEMORANDUM sv v To: Planning Board -' r CC: File `moo From: Engineering Date; May 12, 2008 Subject: Preliminary Subdivision Plan - Robin Ridge Estates - BanvilletToomey LLC Per your request received by us April 30, 2008, we have reviewed the Preliminary Subdivision Plan entitled: "Rabin Ridge Extension, Agawam, MA; Prepared for: Michael Banville, 63 Pinecone Lane, Ludlow, MA; Prepared by: R. Levesque Associates, Inc., 75 Broad Street, Suite C, P.O. Box 640. Westfield, MA, 01086; Scale: 1"=60'; Date: 04/25/08", and we note the following: 1. Engineering requests to be present for any test pits performed at the subject site. At least one test pit shall be done in the proposed detention pond area to determine the seasonal high water table. 2_ The proposed storm water filtration unit is to be a °Baysaver" with design parameters to handle the expected storm water flows. Move Baysaver closer to proposed road for maintenance purposes. 3. The DPW would like there to be a sewer easement from the proposed subdivision to the Pleasent Valley Road pump station for a possible future connection by the Town. 4. Permission from WMECO is required for the proposed drain line in their easement. 5. The Fire Dept. requests that a hydrant be placed on Lot 2. DPW requires a security cap (detail available from DPW Deputy Supt.) be installed on the hydrant. If you have any questions, please do not hesitate to contact our division. Sincerely, - l2j -,p - " I-A - Rick S. Seidnitzer Michael C. Chase, P.E. Civil Engineer I Town Engineer 8:%SU13DIV\R0BIN RIDGE EXTMEMOSM PRELIMINARY.DOC TOWN OF AGAWAM 36 MAIN STREET ca - AGAWAM, MA 01001 n DECISION OF BOARD OF APPEALS v s CO ACED Ma � n Petition of: City of Springfield,Department of Public Works Imo. Premises affected: M Street Extension Date:November 13, 2007 Case#: 1805 The Board of Appeals conducted a public hearing and meeting on November 13,2007 at the Agawam Public Library Conference Room, 750 Cooper Street,Agawam,MA for all parties interested in the appeal of the City of Springfield, Department of Public Works,which is seeking a Special Permit in accordance with Sections 180-55, Paragraph B of the Zoning Ordinances,which would allow for the construction of a shed at the premises identified as M Street Extension, locally known as Bondi's Island. After the public hearing and a thorough review of the facts presented,the Agawam Board of Appeals made the following findings: 1. The subject property is located in an Industrial A zoning district. 2. The petitioner wishes to locate a pre-fab eight foot by ten foot(8'x10') shed on the subject property to house a new automated sampling system and its ancillary equipment. 3. All zoning requirements will be met. 4. Section 180-55, Paragraph B (12) states that an"incineration or reduction of or dumping of offal, garbage or refuse on a commercial basis,except where controlled by the town"may be allowed"only after a public hearing before the Board of Appeals". 5. This site is an appropriate location for such a structure and use. 6. The use, as developed,will not adversely affect the health, safety or property values of the neighborhood. 7. There will be no nuisance or potential hazard to vehicle or pedestrian safety. 8. The proposed use is not considered so objectionable or obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood. 9. The proposed use is not considered so objectionable of obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood. Based on its findings, the Board is of the opinion that it is within the authority of the Board of Appeals . to grant a Special Permit as stated under Section 180-55, Paragraph B of the Zoning Ordinances. DECISION (p.2) City of Spfld, DPW Case#4 805 t Now,therefore,by a unanimous vote of its three members,the Zoning Board of Appeals hereby grants the petitioner a Special Permit to allow for the construction of an eight foot by ten foot(S'x10')shed to house a new automated sampling system and its ancillary equipment with the following conditions: 1. The proposed addition shall be built according to the plan submitted and stamped by Brian Shiah, Professional Engineer of EnSol, Inc., prepared for eco/Springfield,LLC and signed by the members of this Board. 2. All zoning and buildings requirements shall be met. 3. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special Permit"form,which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. 4. This Special Permit shall become null and void if construction authorized by the special permit does not commence within two (2)years from the date of this decision. This decision is subject to appeal in accordance with M.G.L. Ch. 40A, Section 17 within 20 days after this decision is filed with the Agawam Town Clerk. J4, r Doreen Prouty Ith 9It)7 Fred Harpin Joseph Conte Q z o INC n Lt N �n CO nr 3 3 3 2�C. rV N r� Qa BOARD OF APPEALS PUBLIC MEETING December 18,2006 The following members attended the public meeting: 0 ` Doreen Prouty, Chairperson Fred Harpin, Vice Chairperson Joseph Conte, Clerk f ZE Gary Suffriti-Alternateri Betty Manchino-Secretary _ . w U; 1.Nextel Communication- Case#1761 N rY Chairperson Prouty reopened this public hearing at 6:OOPM. Sitting on this case was Prouty, Harpin and Conte. Chairperson Prouty read into the record a request from Nextel requesting a 45 day extension. They have tried to meet with WMECG to see if a different location could be possible for their request. Chairperson Prouty made the motion to accept the extension from Nextel and was seconded by Harpin, Conte made the vote unanimous. They agreed to continue this public hearing to January 8, 2007 at 6:OOPM. 2. Booth-Case#1773 The Public Hearing was opened at 6:30PM and Chairperson Prouty read the Public Notice. Sitting on this petition were Conte,Harpin and Prouty. Mrs. Booth of 37 Holland Drive spoke regarding their home they purchased nine years ago which had an in-law apartment. At that time they had to come to the ZBA for a special permit. Her question to the Board is if they sell their house can it stay as an in-law apartment or what changes do they have to do to sell the premises. Clerk Conte stated that this use was originally allowed because it was a pre-recorded sub division and this non conforming use was allowed as part of this sub division. He recommended that this be treated as a legal non conforming use and in order to do this the apartment would need two means of egress. It currently has a back door and Mr. Conte recommended that a front entrance be installed and this structure would be allowed to continue use as a single family dwelling with an in-law apartment. By adding this means of egress this dwelling would comply with all the state laws. Joseph Mineo, 33 Maple Meadows Lane spoke in favor of this permit. Chairperson Prouty closed the public hearing and the board went into a public meeting. Chairperson Prouty made the motion to grant this permit subject to compliance with all the building codes. Conte seconded and Harpin voted unanimously to approve. M 3. Fallon-Case#1772 Chairperson Prouty opened the public hearing at 7:1 OPM and read into the record the public notice on this permit. Sitting on this case were Prouty, Harpin and Conte. . Mr. Fallon stated his request to enclose the existing front porch,keeping the existing roof, maintain the existing front door and add a small addition in the rear of 747 North West St. Mr. &Mrs. Hobarcha, 761 North West St. spoke in favor of this permit. Chairperson Prouty closed the public hearing and the board went into a public meeting. Chairperson Prouty stated this was a simple case and made the motion to accept this petition Harpin seconded, and Conte voted unanimously. 4. The Federal - Case#1734 Chairperson Prouty reopened the public hearing at 7:30PM. Sitting on this case were Prouty, Conte, and Suffriti. Chairperson Psouty-mide the motion to accept the settlement agreement Conte seconded,and Suffriti voted unanimously. 5. Minutes of December 11, 2006 were approved. 6. Harpin motion to adjourn at 7:35,Prouty seconded. q1,4 � TOWN OF AGA WAM a c- 36 MAINSTREET z n AGAWAM, MA 01001 DECISION OF B OARD OF APPEALS D Petition of Ian and Lisa Booth Premises affected: 37 Holland Drive Date: December 18, 2006 Case#: 1773 The Agawam Board of Appeals conducted a public hearing and meeting on December 18,2006 at the Agawam Public Library Conference Room,750 Cooper Street,Agawam,MA for all parties interested in the appeal of Ian& Lisa Booth,who are seeking to alter a previously granted Special Use Permit,which would allow for the continuation of a second housekeeping unit in a residential dwelling at the premises identified as 37 Holland Drive. After the public hearing and after a thorough review of the facts,presented,the Agawam Zoning Board of Appeals made the following findings: 1. The subject property is located in an area of Town zoned Business B. Section 180-48,Paragraph C allows for a residential structure only if the land so located in the Business B district is part of a subdivision plan duly recorded prior to the enactment of this section. 2. Section 180-23,Paragraph B provides for a variation in the use of a one-family dwelling if such dwelling was in existence at the time of the adoption of Section 180-23. 3. The plans for the subject property were part of a subdivision approval granted before the enactment of Section 180-23 and Section 180-48. 4. The Board has found that the second housekeeping unit in question is a legal non-conforming use. Now,therefore,by a unanimous vote of its three members,the Agawam Zoning Board of Appeals has found that the use in question is a legal non-conforming use and subject to the following conditions: 1, A second egress/ingress must be added to the second housekeeping unit. 2. All state and local building requirements must be met. 3. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special Permit"form,which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. This decision is subject to appeal in accordance with M.G.L. Ch.40A, Section 17 within 20 days after this decision has been filed with the Agawam Town Clerk. Doreen Prouty Fred Harpin�1' G Joseph Conte*01b TOWN OF AGAWA I F A 36 NL41N STREET -� AGAWAM, CIA 01001 BOARD OF APPEALS � o N U' Case # Filed In Hearin Application to Board of Appeals for 52ECAL P as provided in the Zoning and other By-laws. Applicant_S,,%_ . \ Address Application is hereby made for 5PECLU PER.IT as provided by Section \1%_Z_ -- Paragraph of the By-law. Premises affected are situated on\\S%e rA"��t . Street; feet distant from the corner of Street and known as street number _. Property is zoned as K _ OL. � Q Szgnature of owner orNRIs authorized agent NOTICE: THIS APPLICATION MUST BE FILLED OUT 1IN INK OR TYPEWRITTE;V 4 Qa v�- C � co 3 n b•o N u' •• to_- CA r t l -- jAC�4Wh►�, MQSS�L 1012:3-179 oseFl 06 NOV -8 PM 2'. 36 U x--05-1991B IL-j- op- _ 4g QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS THAT WE,GLADYS E.BERKEY and EDWARD B. BERKEY,Trustees of the Gladys E. Berkey Nominee Trust,of 37 Holland Drive, Agawam, Massachusetts,for consideration paid and in full consideration of ONE HUNDRED NINETY TWO THOUSAND FIVE HUNDRED AND 001100 DOLLARS($192,500.00)grant to IAN M. BOOTH and LISA BOOTH,husband and We, of 163 Lancaster Avenue,West Springfield, Massachusetts as tenants by the entirety with quitclaim covenants the following described land: TRACT I: The Land is Agawam, Hampden County,Massachusetts being known and designated as Lot#11 (eleven) as shown on a plan of lots entitled"Plan of Lots in Agawam,Mass.for Double "D" Realty, Inc.",dated January, 1966 and recorded in Hampden County Registry of Deeds in Book of Plans 103, Page 6,which lot is more particularl!bounded as follows: NORTHWESTERLY by Holland Drive as shown on said plan,one hundred twenty-five (125)feet; OQ NORTHEASTERLY by Lot#12(twelve)as shown on said plan,one hundred thirty-six 0 36)feet; SOUTHEASTERLY by land now or formerly of D`Amato, as shown on said plan,one hundred twenty-five(125),feet; and f r SOUTHWESTERLY by Lot#6(six)as shown on said plan,one hundred thirty-six(136) feet; containing 17,000 square feet of land. SUBJECT TO the restriction that the above described premises shall be used only for the purposes conforming with the provisions of Section 4(residence A-I Districts)of the zoning bylaws of the Town of Agawam. TRACT 11: The Land is Agawam,Hampden County,Massachusetts being known and designated as being known and designated as Parcel"C" as shown on a Plan of Land entitled"Old Will Road, Mill Street, and Holland Drive, Agawam,Mass."dated September 1988,and recorded in the Hampden County Registry of Deeds in Book of Plans 266,Page 86, said parcel being more particularly bounded and described as follows- CA `i 0r-- X P:WR"ERKEYi6AI.Fa7fiUti17EISf,7Sir', •• f -r 1 0 pi . ► i.f n. SOUTHERLY: by Re-location of Route 57 as shown on said plan, one hundred twenty- five and 99/100(125.98)feet; WESTERLY: by Parcel "D"as shown on said plan,fifty-eight and 51/100(59.51)feet; NORTHERLY: by Lot#11 (eleven)as shown on said plan, one hundred twenty-five(125) feet;and EASTERLY: by Parcel "B" as shown on said plan seventy-three and 33/100(73.33) feet. Containing approximately 9,240 square feet of land. SUBJECT TO restrictions, casements, rights of way, and other charges of record, if applicable. Tract I and Tract I BEING the same premises conveyed to the Grantors herein by deed of Gladys E. Berkey dated April 12, 1993 and recorded in the Hampden County Registry of Deeds in Book 8389, Page 155. 5 E IF A►.so 15oex q 141 , SPA s 446' A+d 0 A %*tAAse- geed F-tCufrded i mmedfia?ely p+ euv- Kcgktn Wr QoaK PA.5e . 177 . Executed as a sealed instrument this day of November, 1997. Gladys E.Berkey,Trustee of a Gladys E. Berkey No .. Trust Edward B.Berkey, rustee of the Gl dys E. Berkey Nominee Trust COMMONWEALTH OF MASSACHUSETTS Hampden,ss. November 17, 1997 Then personally appeared the above named Gladys E. Berkey and Edward B. Berkey, Trustees of the Gladys E. Berkey Nominee Tru now dg PregVg instrument to be their free act and deed before me, Bra .MR" otary Public My Commission Expires: February 10,2000 MGAppaA1.DrOF Bh ' ?AllRNW1'•Rl[Y.Y1EA1.£7711a13P.1?P9 7 A TRUE PHOTOCOPY AS RECORDED t= HAMPDEN COUNTY REGISTRY OF DEED AND 1T IS SO CERTIFIED BOOK 00 PAGE ATTEST:. REGISTER y Town: - o . f Agawam 36 Main Street Agawam, Massachusetts 01001-1837 i Ma Tel. 413-786-0400 Fax 413-786-9927 p October 28, 2004 Margery Bourdeau 731 Mill Street Feeding Hills, MA 01030 J -^ Lo Dear Ms. Bourdeau: cry At its duly called meeting held on October 28, 2004,the Agawam Planning Board voted to approve your plans under"Subdivision Control Law Not Required" for a parcel of land located on Mill Street, Plans drawn by Ronald R. Huot and dated Feb., 2004. Sincerely, AGAWAM PL Q f ,41 Please be advised that failure to record the plan within six(6) months and provide proof of recording will negate the action of the Board. Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam, MA 011001. To Agawam Planning Board Please be advised that the Form A plan that was filed by Bourdeau and approved by,the Agawam Planning Board for a parcel of land located on Mill Street has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant T On of Agawam 36 Main Street Agawam, Massachusetts 01061-1837 Tel. 413-786-0400 Fax 413-786-9927 FORM A Application for EnAgrsement of Plan Not Believed to-R Dire Ap rQva1 ': FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPYVITR c THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECT.101`41• � r7- Agawam, MA_ M 2&. 1 .. 20 0 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. -5( I. Name of Applicant u Address r� 2. Name of Surveyor Address 3 71 Uj c_gl�Lj 0, 1�-v 3 3. Deed of Property Recorded in Book L/ Of Page 4. Location of Property c L 5j)U-t Z S r13,CZ. 5. Describe the proposal in this submission. •�`` �Ct 0 6 �1t ATTACHMENTS - Two originals and three cols and surveyor. Filing Fee - $35. s . ��77 Signature of Owner9M4,/14ea,�ddress - f f0�r 4 Massachusetts Department of Environmental Protection DBP File Number Bureau of Resource Protection - Wetlands WPA Form 7 -- Extension Permit for Orders of Conditions 87-489 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General information Important: When filling out 1. Applicant: forms on the Thomas Bretta computer, use Name only the tab key to move 30 Windermere Drive your cursor- Mailing Address do not use the Feeding Hills MA 01030 retuurrnn key. CityfTown State Zip Code V f� 2. Property Owner(if different): same Name C> rehpn co C= Mailing Address — r City/Town State LO Zi y B. Authorization The Order of Conditions(or Extension Permit) issued to the applicant or property owner lisTed above on: Extension Permit expires March 27, 2008 Date for work at: Windermere Estates G10 Street Address Assessor's Map[Plat Number Parcel/Lot Number recorded at the Registry of Deeds for: Hampden 13092 540 County Book Page Certificate(if registered land) is hereby extended until: March 27, 2010 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended (if applicable): March 23, 2006 Date Issued by: Agawam _ February 28, 2008 Conservation Commission Date wpaformTdoc•rev.311105 Page 1 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Authorization (cont.) This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a copy sent to the applicant and the appropriate DEP Regional Office. Signal ure as a ss1c e ec er Henry A. Kozioskkv Notary Acknowledgement Commonwealth of Massachusetts County of Hampden 28th February 2008 On this Day of Month Year Before me, the undersigned Notary Public, personally appeared Steven Douglas , Jill Messick, Sheryl Becker, Henry A. Kozloski Name of Signer proved to me through satisfactory evidence of identification, which was/were MA drivers licenses Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of- AgawamCitylTown Conservation Commission i -L. Signature of Notary Public Pamela R. Edmunds Printed Name of Notary Public Place notary seal and/or any stamp above June 4 , 2010 My Commission Expires(Date) wpatarm7.doc-sew.VIM5 Page 2 of 3 Massachusetts Department of Environmental Protection DEP File Number: —� Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 87-489 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this.Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, it shall be noted in the Registry's Granter Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: Agawam Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: Windermere Estates 87-489 Project Location DEP File Number has been recorded at the Registry of Deeds of: Hampden County -—for: Thomas Bretta Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land,the document slumber which identifies this transaction is: Document Number Signature of Applicant wpaformTdoc•rev.311105 Page 3 of 3 R� 7`T/, Tff��ifs Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 a` Tel. 413-786-0400 Fax 413-786-9927 th November 7, 2006 a Thomas Bretta °� „ S Windermere Drive s' Feeding Hills, MA 01030 q - ll Dear Mr. Bretta: At its duly called meeting held on November 2,2006,the Agawam Planning Board voted to approve an extension to the Performance Agreement for Windermere Estates subdivision for two (2)years or until November 3, 2008. Please be advised that all work should be completed by this date. If you have any questions, please do not hesitate to contact the Planning Office at 786-0400, extension 283. Sincerely, Q X-�. r� Dennis B. Hopkins, Chairman Agawam Planning Board cc: Clerk Hampden Savings Bank Treasurer Engineering File LlMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number WPA Form 7 Extension �Iermlt for Orders of Conditions 87-489 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out 1. Applicant: forms on the Thomas Br_etta _ computer,use Name only the tab key to move 8 Windermere Drive your cursor- Mailing Address W do not use the Agawam MA N]1001 return nkey. City/Town state dip Code 2. Property Owner(if different): same Name Mailing Address _... .. Cityrrown State Zip Code B. Authorization The Order of Conditions(or Extension Permit) issued to the applicant or property owner listed above on: 3127/03 Hate for work at: Windermere Estates G10 Street Address Assessor's Map/Plat Number Paroel/Lot Number recorded at the Registry of Deeds for: Hampden 13092 540 County Book Page Certificate(if registered land) is hereby extended until: March 27, 2008 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended (if applicable): nlaDate Issued by: Agawam March 23, 2006 Conservation Commission - - Date wpaformTdoc•rev.311105 Page 1 of 3 r Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131,`§40 Provided by DEP B. Authorization (cont.) T _ This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a copy sent to the applicant and the appropriate DEP Regional Office. Signatures: Hem zlo MarcSo eck , F Ha p Do ery Becker- (;3k Meaghe Messic Notary Acknowledgement Commonwealth of Massachusetts County of Hampden On this 23rd of March 2006 Day Month Year Before me, the undersigned Notary Public, personally appeared HenVy Kozloski, Fred Harpin, Sheryl Betker, Mark Soticheck, NameofSigner Steven Douglas , Frank Meagher, Jill Messick _ proved to me through satisfactory evidence of identification, which was/were MA drivers licenses Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Agawamcityfrown Conservation Commission Signature of Notary Public Pamela R. Edmunds Printed Name of Notary Public Place notary seal and/or any stamp above June 4 , 2010 My Commission Expires(Date) wpaformTdoc•rev.311105 Page 2 of 3 LIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DAP File Number. WPA Form 7 -- Extension Permit for Orders of Conditions 87-489 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided byDEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, it shall be noted in the Registry's Granter Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: Agawam Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: Windermere Estates 87-489 Project Location DEP File Number has been recorded at the Registry of Deeds of: Hampden County for: Properly Owner - - and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: ` Date Boole Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaforM7.doc•rev.M/05 Page 3 of 3 Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 D Tel. 413-786-0400 Fax 413-786-9927 AxE MP �v November 4, 2005 cn Thomas Bretta 8 Windermere Drive Feeding Hills, MA 01030 Dear Mr. Bretta: At its duly called meeting held on November 3,2005,the Agawam Planning Board vote to grant an extension of one(1) year for the Performance Agreement for the Windermere Estates subdivision. If you have any questions,please contact the Planning Office at 786-0400, extension 283. Sincerely, Dennis B. Hopkins,Chairman Agawam Planning Board cc: Clerk Hampden Savings Bank Treasurer Engineering File LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Fite Number: WPA Form SB — Certificate of Compliance $7-4$9 I Massachusetts Wetlands Protection Act.M.G.L..c, 131, §40.. __ . Provided by DEP A. Project Information Important: When filling out I. This Certificate of Compliance is issued to: forms on the Attorriff Richard A. Brooslin computer, use Name only the tab key to move 935 Main Street, Suite 301 your cursor- Mailing Address do not use the Springfield MA 01103 return key. Cityrrown state zip Code VQ 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Thomas L. Bretta Name f March 27, 2003 87-489 0`' Dated DEP File Number 3. The project site is located at: Windermere Drive(off Mill Street) Agawam Street Address Cityrrown G10 Assessors Map/Plat Number ParcellLot Number 4 the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Hampden 13092 540 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: Date B. Certification Check all that apply: ❑ Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ® Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: Lots 1, 2 and 10 Windermere Drive wpaform 8b doc•rev.12115= Page 1 of 3 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 4 B. Certification (cunt.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include'any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Agawam 8/11/05 Conservakion Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office(See Appendix A). Signatures: o ar o 1 ecKv FMM agh Retry oz os JL /'. hery ec er wpaform 8b.dm•rev.1?JI&00 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form SB — Certificate 'of Compliance 87-489 Massachusetts LI Wetiands_Protection-.Act M.G.L. c. 131., §40 _ - Provided byDEP _ --- C. Authorization (cunt.) Notary Acknowledgement Commonwealth of Massachusetts County of Hampden 11 th Of _August 2006 On this Day Month Year before me, the undersigned Notary Public, personally appeared Steven Douglas, Frank Meagher, Sheryl Becker, Mark Soticheck, Henry A. Kozloski, Name of Document Signer - proved to me through satisfactory evidence of identification, which was/were _MA drivers licenses Descxipt'son of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of A swam Co rvation Commi sion Citylrown l ignatore of Notary Public Pamela R. Edmunds Printed Name of Notary Public Place notary seal and/or any stamp above June 4, 2010 My Commission Expires(Date) wpaform 8b.doc•rev.1215100 Page 3 Gf 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 8B -- Certifcate'of Compliance 87-489 Massachusetts Wetlands Protection.Act_M.G.L. c._13'1, §49 _.._.._ - PmvidedbyDEP- D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission, To: Agawam Conservation Commission Please be advised that the Certificate of Compliance for the project at Lots 1, 2 and 10 Windermere Drive 87-489 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land,the document number which identifies this transaction is: Document Number Signature of Applicant wpafortn 8b.doc•rev.12115100 Page 4 of 3 Town of Agawam 36 Maiu Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 �... ::E PLANNING BOARD 3 A-c; 0 ca r, April 9, 2007 Bridgeport National Bindery, Inc. 662 Silver Street Agawam, MA 01001 To Whom It May Concern: At its duly called meeting held on April 5, 2007, the Agawam Planning Board voted to approve the Site Plan entitled"New Addition For Bridgeport National Bindery, 662 Silver Street, Agawam, MA", prepared by The O'Leary Company and dated 2-22-07. If you have any questions, please contact this office at 786-0400, extension 283. Sincerely, Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD DBH/DSD:prk cc: Building Dept. Engineering Dept. Town Cl%lf File pk,`_O� Odn'r 11A7-i r).Vr1w Town of Agawam 36 Main Street Agawam, Massachusetts 01001.-1837 D MP Tel. 413-786-0400 Fax 413-786-9927 PLANNING BOARD p D Z Ar 3 November 6, 2006 c� t ic-) Bruce Jacobsen, Executive V.P. Bridgeport National Bindery, Inc. 662 Silver Street Agawam, MA 01001 Dear Mr. Jacobsen: At its duly called meeting held on November 2, 2006, the Agawam Planning Board approved the Site Plan entitled "Additional Parking For: Birdgeport National Bindery, Inc., 662 Silver Street, Agawam, MA", prepared by The O'Leary Co.-and dated October 20, 2006 with the condition that the Engineering Department continents dated November 2, 2006 (attached) are addressed. Please be advised that the Planning Board received no comments from the Fire Department. It is the applicant's responsibility to ensure that they have no comments on this site plan. If you have any questions,please contact this office at 786-0400, extension 283. Sincerely, Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD cc: Building Dept. Engineering O'Leary Co. Mayor Fire Dept. Cle / I "r% R I V J L I y{)J r to TOWN O F ACAWAM Department a.f Fablic Works 1000 Suffield Street-Agawam MA 01001 Tel (413) 821-0600 - Fax (413) 821.-0631 M John P. Stone-Superintendent MEMORANDUM To: Planning Board From: Engineering Division CC: Jack Stone—DPW Superintendent Date: November 2,2006 Subject: SP—495: Bridgeport Bindery—662 Silver Street Per your request, Engineering has begun its review of the above referenced plan and stormwat" drainage calculations. Due to the current workload, Engineering has not had a chance to complete its review. However, we do have the following comments at this time: 1. The outlet of the detention pond is not modeled correctly in the calculations. The 20' x 3' broad crested weir spillway is the only outlet used in the calculations. However, there are two outlet pipes located out in the field and shown on the plans. Engineering will continue with its review of the stormwater calculations after this change is made. 2. The outlet pipes in the detention pond show them to be located at the bottom of the pond. However, in the field,they are actually 1-2 feet above the bottom of the pond. Either the pond should be re-graded so that the there is positive flow or infiltration measures should be shown in order to prevent water from sitting in the bottom of the pond for a long period of time. 3. Engineering recently did a site inspection of the pond. The two pipes entering the detention pond have created some erosion and silting near their entrance into the pond. A rip rap dish should be shaped out so that the water velocity can be reduced before flowing over vegetated areas. Also, additional rip rap should be put in place at the emergency spillway located at the outfall of the detention pond. Engineering reserves the right to make additional comments as It deems necessary, If you have any questions please do not hesitate to contact this division. Sincerely, Michael C. Chase, E.I.T. Interim Town Engineer k-%aO1wurUpkd95 br dyepart Wndorytnertm l.don 5, A U /? 1 'down of Agawam' 36 Main Street Agawam, Massachusetts 01001-1837 ATf tha Tel. 413-786-0400 Fax 413-786-9927 0 September 19, 2005 Bruno Russo c 211 Lancaster Drive Agawam, MA 01001 Antonio Russo 104 Butternut Drive Agawam, MA 01001 N; w r� Gentlemen: At its duly called meeting held on September 15, 2005, the Agawam Planning Board voted to approve plan.entitled"Proposed Retail Store, 300 Suffield Street, Agawam,Massachusetts", prepared by Chaffin Associates and dated 7/21/05, rev. 9/11/05 with the following conditions: -- pavement markings shall be provided on the area from the handicap parking space to the building entrance designating this area as a walkway for handicap access and a sign shall be placed on the building stating the same; -- a rendering of the proposed sign shall be submitted to the Board for its review and approval; -- three sets of the revised plan are to be submitted to the Planning Board for signatures. If you have any questions,please contact this office at 786-0400, extension 283. Si cerely, Dennis B. Hopkins,Chairman AGAWAM PLANNING BOARD cc: Building Inspector Engineering Town Clerk File . ' DEP File Number. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order Prodded by as=P Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Violation Information Important: When tilling out This Enforcement Order is issued by: forms on the Agawam March 24 , .. 2 005 computer,use Conservation Commission(Issuing Authority) Cate only the tab key to move To: your cursor- do not use the Michael & Melissa B' Shara return key. Name of Violator 395 River Road A awam MA 01001 Address 1. Location of Violation: Property owner(if different) bank of Connecticut River across-from 395 River Road Street Address Agawam 0.1001 C'itylt own Zip Code Assessors Map/Plat Number ParcellLot Number 2. Extent and Type of.Activity: Cutting of trees and brush along riverbank of Connecticut Rivez in Excess of_ _what was approVed- by- the Agawam Conservation Commission ( see attached letter dated December 14 , 20041 . B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act(M.G.L. c. 131, §40)and its Regulations.(310 CMR 10.00), because: ❑ the activity has been/is being conducted without a valid Order of Conditions. ❑ the activity has beenfis.being conducted in violation of the Order of Conditions issued to: Name Dated File Number Condillon number(s) WPA Form 9A Page 1 d 3 Rev.02/00 DEP File Numbec Massachusetts Department of Environmental Protection Bureau_ of Resource Protection- Wetlands WPA Form 9A — Enforcement Order, Provided D1rP;-= Massachusetts Wetlands.Protection Act. M.G.L. c. 131, §40 S. Findings (cont.) 19 Other(specify): Trees and brush were cut along riverbank in excess -of approved work of Agawam Conservation Commission ( see December 14 , 2004 letter) . C. Order The issuing authority hereby orders the following (check all that apply): ® The property owner, his agents, perm(ttees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the-site returned to its original condition. E) Complete the attached Notice of Intent. The completed application.and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before Date No further work shall be performed ntil a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action to prevent further violations of the Act: A restoration -plan which includes-planting of trees ( to re- place those cut ) and bushes is to be submitted to the Agawam Conservation_ Commission by April 7 , 2005 . Your attendance at the Conservation Commission meeting of April 14 , 2005 is required to discuss the restoration plan and its approval. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or(b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. VJPA Form 9A Pape 2 of 3 Rev.02M Massachusetts Department of Environmental Protection t7EP Re Nua66r: Bureau of Resource Protection - Wetlands mp WPA Form 9A — Enforcement Order ky' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Depal1ment or Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Henry A. Kozloski, Chairman Name 786-0400, extension 246 Phorie Number HourslCays Available _ Issued by: Agawam Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting at the Commission. Signatures: .. r 7004 .0750 0003 0975 9565 Signature of delivery person or certified mail number 1NPA Form 9A Pqp S0 3 Rev 02M TO wN OF AGAWAM CONSERVATION COMMISSION 36 MAIN ST.,AGAWAM, MA 01001 786-0400, w. 245 . December 14, 2004 Michael&Melissa B'Shara 395 River Road Agawam, MA 01001 Dear Mr. &Mrs. B'Shara: This letter shall serve as a follow-up to the Conservation Commission's December 9'meeting. The Conservation Commission can permit you to do selective trimming along the riverbank in front of your restaurant on River Road.. As was discussed, the area to receive trimming will be approximately 40' to 50' in length and is located approximately 3'behind the fence, towards the River. A Notice of Intent will not be required for this work, however,you must notify the Conservation Commission office so that members of the Commission can meet on-site with you to determine what selective trimming can be done and also to be present while the trimming takes place. If you have any questions;please contact this office at 786-0400, extension 245. Sincerely, zi Henry A. Kozloski, Chairm AGAWAM CONSERVATION COMMISSION HAK:pre TO WN OF AGA WAM CONSERVATION COMMISSION 36 MAIN ST., AGAWAM, MA 01001 786.0400, ext. 245 April 20, 2005 ` µ Michael & Melissa B'Shara 395 River Road r Agawam,MA 01001 co Dear Mr. &Mrs. B'Shara: At its duly called meeting held on April 14, 2005, the Agawam Conservation Conunission voted to approve the restoration plan that you submitted for work on the riverbank in front of your restaurant on River Road. More specifically, the Commission approved the plan"For Michael& Melissa B'Shara",prepared by Zymroz Landscape Construction and dated April 4,2005. The Commission requests that you notify the office prior to the work taking place and at the completion of the work. If you have any questions, please contact this office at 786-0400, extension 245. Sincerely, Henry A. Kozloski, Chairman r AGAWAM CONSERVATION COMMISSION HAK:pre o '� ,(eye Merl 4 /o,?ip 9-py175 GC rr d .. .... Ole- ;,c . ; Ile a /c t : ...frir � ... :e fAIle� ® 7eff® CI!°res.S wlf1 .. e /0(0 .1 4 f'd�. .. �/ c Gt r e cc^Y ea cA f-r ee- RECEIVED APR 0 .5 2005.. ._. _.. CONSERVATION COMMISSION - i11 'Wit/ c1700Se gAlnraz? i[!L �`EriTZCE '.,a •SI' OUR INSTALLATION OF PAVERS AND , rofessio al rLillldscape a 6 `� i INCLUDES A WARRANTY, PLANTS y �+ Companyonsiruction _ NO SUBCONTRACTORS � PATIOS, RETAINING WALLS AND ai f, Q/Kam LANDSCAPES TO FIT YOUR NEEDS 1 - WE TAKE NO SHORT CUTS `W`71964392 - WE HAVE CERTIFIED INSTALLERS - FULLY LICENSED AND INSURED FA A TOWNOFAGAWAM 36 MAIN STREET AGAWAM, MA 0100.1 BOARD OF APPEALS ca ED ..r :* September 13, 2006 ca r Michael B'Shara 395 River Road Agawam, MA 01001 Dear Mr. B'Shara: At its duly called meeting held on September 11, 2006, the Agawam Board of Appeals voted to accept your request to "withdraw without prejudice" your application for a Special Permit for premises identified as 395 River Road to allow parking in front of"Michael's Ristorante". Sincerely, Doreen Prouty, Ch ' erson Agawam Board of Appeals DP:prk f cc: Building Inspector Town Clerk File#1756 Town of Agawam l 36 Main Street Ag awam, Massachusetts 01001-1837 o Tel. 413-786-0400 Fax 413-786-9927 September 11, 2006 ,o a z Doreen Prouty 3 Chairman Agawam Board of Appeals 36 Main Street r -J rr Agawam, MA 01001 Dear Mrs. Prouty: At its duly called meeting held on September 7, 2006, the Agawam Planning Board voted to send a negative recommendation to the Board of Appeals concerning the proposal by Michael B'Shara to provide parking in the front setback of the restaurant located at 395 River Road. The Planning Board has visited the site and has reviewed the plan as submitted. The Board finds that the proposal, if approved,would require that cars utilize the public layout,in particular the area.which was once a sidewalk, to exit the parking spaces. This would result in an unacceptable hazard to pedestrians and to vehicle traffic. Since the applicant. does not have adequate area on his property to accommodate the exiting from the parking spaces,the infringement on to the pedestrian area and the high volume of traffic on River Road, the Board can not support this proposal. If you hay'e any questions, please do not hesitate to contact the Planning Office at 786-0400, extension 283. Sincerely, Dennis B. Hopkins, Chairman Dom] Agawam Planning Board cc: Clerk Michael.B'Shara File BOARD OF APPEALS PUBLIC MEETING August 28, 2006 The following members attended the public meeting: Doreen Prouty, Chairperson o Fred Harpin,Vice Chairperson c� 7 Joseph Conte, Clerk Larry Hoague-Alternate Betty Manchino-Secretary - r�-t 1. Michael B'Shara, Case#1756 `•n The Zoning Board of Appeals held a continuation of a public hearing on August 28, 2006 at 6:00`P PM at the Agawam Public Library Conference Room, 750 Cooper Street, Agawam, MA for all parties interested in the appeal of Michael B'Shara who is seeking to amend a previous Zoning Board of Appeals decision(Case#996)which would allow for parking in front of Michael's Ristorante located at the premises identified as 395 River Road. Chairperson Prouty reconvened the public hearing at 600 PM. Members sitting on this case were Doreen prouty,Fred Harpin, and Joe Conte. A site visit of the premises at 395 River Road was made by Chairperson Prouty and Vice Chairman Harpin on August 18,2006. Chairperson Prouty stated that the Planning Board never received a plan from the Zoning Board of Appeals for Michael's petition for the amended parking and stated that this ifem was placed on the next Planning Board agenda. 2.Francis Duda,Case# 1758 The Zoning Board of Appeals held a public hearing on a variance from Section 180-25 and 180- 26 of the Zoning ordinances, which would allow for a garage with less that the required front set- back and side yard at the premises identified as 144 River Road. Chairperson Prouty read the public notice. Members sitting on this case were Doreen Prouty, Fred Harpin,and Joe Conte. Present were the petitioners, Mr. &Mrs. Duda, and their contractor, Richard Rivet. Mr. Rivet explained that the garage is about 85%complete, but he was ordered by the building inspector to cease and desist on the completion due to non-compliance of the setback and side yard. Mr. Rivet explained that when Holmberg& Howe surveyed the property that they had made an error on the pin of the property line and that this building which is being built kitty comer was in noncompliance by six feet on one side and three inches in the front. The error was found when the surveyors came out and surveyed the property a second time. Numerous neighbors were in attendance of this meeting and in favor of the completion of this project. Mr. Conte suggested that if their neighbors were willing to grant Mr. and Mrs. Duda six feet of . do 1 Q 3 w r their property on a Form A and record this at the Registry of Deeds that this would be an easy ` solution to the six foot problem and as far as the three inch problem that might be rectified by placement of the eaves of the building. Mr. &Mrs. Checile of 134 River Road spoke in favor of this resolution and said that they would be willing to donate 6 feet of their property to Mr. and Mrs. Duda to solve this problem. Chairperson Prouty read into record the three conditions that must be satisfied to grant a variance and there was not sufficient reason for the Board to grant this variance and that Mr. Conte's resolution would be the best route to follow for completion of this garage. Mr. Rivet agreed to file a Form A and go the planning Board to request their approval of this transfer of six feet of property from the Checiles. The Board members agreed to continue this hearing until September 25d' at 7PM to give the Dudas time to go to the Planning Board. 3. Iosif Kot, Case# 1759 The Zoning Board of Appeals held a public hearing on a Variance from Section 18040 of the Zoning Ordinances which would allow from the construction of a single family dwelling on a lot with less than the required frontage for Iosif Kot at the premises identified as 0 Witheridge Street. Chairperson Prouty opened the public hearing at 7:05 PM. Sitting on this case were Doreen Prouty,Larry Hoague and Joseph Conte. Mr. David Beane, representing Mr. Kot, spoke. This property is at the end of Witheridge St. The pavement ends and there is 1.79 acres of land with a 59 foot frontage on Witheridge Street. Mr. Kot purchased this property in 2004 and it was not a pre-existing, non-conforming lot. He wants to build a single family home in the northern portion of this land and it is a hardship based on conditions of this land. Engineering and the DPW are not in favor of this plan because of the continuation of this street would interfere with the trunk line of the sewer lines and the conditions of this land with sandy soil. The Planning Board rejected this plan because of the soil conditions. Chairperson Prouty read letters from the Planning Board and from the Engineering Department. The Engineering Department wants no responsibility for repairs in the future due to the soil instability and therefore does not recommend approval of this plan. Mr. Bean explained that these reports were based on the first set if plans Mr. Kot had for two dwellings and now he has changed this plan to just one family dwelling and that Planning and Engineering have changed their position with this proposal. Chairperson Prouty stated that the engineering issue may be null because there is a change in plans but that Mr. Dean would have to go back to Engineering with his new plans. Vazim Kot, 125 Lenny's Way, West Springfield spoke in favor on his uncle's proposal of _Cfn 2 G 3 3 building just one house on this property. Corinne Stefiniak, 114 Witheridge St., is the granddaughter.of the former owner of this property and spoke against this plan, as the land is very unstable with a stream running through it. Mark Andruss, 67 Horsham Place spoke against this proposal because of the instability of this land with sink holes and trees. Chairperson Prouty stated that Mr. Bean must go back to Conservation Commission for a formal filing on this property and go back to Engineering for another report on this new proposal. Mr. Conte stated that is the Board's responsibility to the community for a formal filing with the Conservation Commission. Both Ms. Prouty and Mr. Conte stated that the Conservation filing will weigh heavily on the Board's decision. The Board members agreed to continue this hearing to October 23, 2005,at 6:30 PM. Chairperson Prouty closed this hearing at 7:52 PM. 4. The minutes for the August 14,2006 meeting were approved by members Doreen Prouty,Joe Conte, and Larry Hoague. 5. Chairperson Prouty read a memo from the Law Department into record stating that the Board needs to hold a hearing for the Federal, approving the settlement agreement at a meeting. She proposed September 11,2006. Members Larry Hoague and Joe Conte agreed. Chairperson Prouty made a motion to adjourn at 8:05 PM and was seconded by Member Joe Conte. All were in favor,non opposed. _dTE: 3 Q 3 93 'Sff#itA M XA14JE� ��4D19 BOARD OF APPEALS PUBLIC MEETING ---------August 14,2006 • The following members attended the public meeting: Doreen Prouty, Chairperson Fred Harpin, Vice Chairperson CF) Joseph Conte, Clerk n Barbara Brizzolari, Secretary _ am 3 1. Appeal of: Diane Busiere. Case# 1755 3MP 3 The Agawam Zoning Board of Appeals held a public hearing on August 14, 2006 at 6:30 P.NE at n-C the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, fA all cE"n parties interested in the appeal of Diane Busiere, who is seeking a Special Permit in accordarwe fi with Section 180-7, Paragraph A&B of the Zoning Ordinances, which would allow for the construction of an addition to a non-conforming residential structure with less than the required side yard at the premises identified as 12 Letendre Avenue The Chairperson opened the public hearing at 6:35 P.M. She read the legal notice and explained the procedure to be followed. Ms. Prouty then introduced the members of the Board. The members sitting on this case are: Doreen Prouty, Fred Harpin, Joseph Conte. The petitioner stated the reason for the petition. She closed in an old porch and would like to extend it out by an area of Tx6 for a closet. Ms. Busiere has her mother living with her and this extra closet space would be advantageous for her. This area is not being extended out any further in the front, and the side, of what already exists of the house. Chairperson Prouty read into the record the letter from Safety Officer Sgt. Richard Niles, dated June 22, 2006. She asked if there were any questions from the Board members. There were none. Chairperson Prouty closed the public hearing at 6:47 P.M. and went immediately into a public meeting. She called for a vote on this Special Permit from the members sitting, the result which is as follows: Chairperson Doreen Prouty yea Vice Chairperson Fred Harpin yea Clerk Joseph Conte yea The Chairperson explained the twenty(20) day appeal process. The Chairperson made a motion and it was seconded by member Harpin to close the hearing at 6:52 P.M. All were in favor, none opposed. 2. Appeal of: Michael B'Shara Case# 1756 The Agawam Zoning Board of Appeals held a public hearing on August 14, 2006, at 7:00 P.M. at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Michael B'Shara, who is seeking to amend a previous Zoning Board of Appeals decision( Case#996), which would allow for parking in front of Michael's Ristorante which is located at the premises identified as 395 River Road. The Chairperson opened the public hearing at 7:00 P.M. She read the legal notice and explained the procedure to be followed.. Ms. Prouty then introduced the members of the Board. The members sitting on this case are: Doreen Prouty, Fred Harpin, Joseph Conte. Attorney Frank Caruso, attorney for the petitioner, and Melissa B'Shara, petitioner were in attendance. Mr. Caruso explained that his client is asking for relief from Case#996, item#9 0"ill was dated back in 1982 when Mr. Lombardi owned the property. This item prohibited Page 2 • August 14, 2006 any pdrting in the front of the building. In 1982 he explained the property.was a very different establishment, with late night drinking and noise. The petitioner did receive letters from the Board regarding the parking situation. Attorney Caruso explained that the petitioner has put up no parking barriers, twice, and they have been destroyed by vandalism. Mr.. Caruso said that if parking was allowed in the front of the building, it would be safer for the neighbors because there would less parking on the side streets. He also said it would not be an adverse safety issue because the way the new parking spaces would be configured, cars would not be backing out directly onto River Road.. He also suggested that they would limit the parking to employees only, therefore there would be minimal parking activity there. He feels that the B'Shara's have been good neighbors and have done all that the Board and/or neighbors have requested of them. Chairperson Prouty, spoke with Nick Urbinati, Inspector of Buildings., and he said backing out onto a State road is not allowed. Member Conte said he parked.in front of the building the other day and there were four(4) cars parked there. He said that he could not back up,without hitting the State road. Mr. Conte also stated that in 1982, when the establishment was called the Green Gables, it was a restaurant and bar back then, as it is today. The Board granted increased seating at the bar. The petitioner is now asking to make a nonconforming use in a residential area, even more non conforming. Chairperson Prouty read the letter from Safety Officer Sgt. Richard Niles, dated June 22, 2006 into the record. Ms. Prouty opened up the hearing to the public. Abutter Edward and Jean Landry of 24 Campbell Drive, Agawam,were in attendance. Mr. Landry asked if the parking was prohibited in the first place,why are they parking there. He also stated, that when taking a left out of Campbell Drive, to get to the cross walk,which allows you to cross the street to get to the bike path, you have to walk in front of the restaurant, where these cars are parked. When looking at the restaurant, the crosswalk is to the right of the building, so anyone trying to get to the crosswalk would have to walk behind these parked cars. He also asked how could the petitioner possibly enforce"employee parking only" in this area. Jean Landry stated that there have been accidents on Campbell Drive, because people pulling out of Campbell Drive, cannot see beyond the cars parked in front of the restaurant. She also stated, that even though it is difficult to tell the difference, there is a sidewalk that runs in front of the restaurant, which people would be using, and also brought up the point about backing out onto a State road. Attorney Caruso said that the Police do not have any record of any recent accidents there. With the "employee parking only" they would have more control of the traffic flow. Mrs. Landry said the parking in the back of the restaurant is agricultural and the abutters gave this up so parking could be allowed. What was originally a smaller establishment,just keeps evolving into something larger. Member Conte again stated that the petitioner was asking to add to a non-conforming use. Member Prouty said that maybe all the members should make a site visit and park in front of the building to see if you can see beyond the cars, if coming out of 000021 Campbell Drive. Chairperson Prouty made a motion and it was seconded by member Harpin to schedule a site visit. All were in favor, none opposed. It was agreed upon by all that were present that the site visit would be on Friday,August 18, 2006 at 9:00 A.M. Page 3 August 14, 2006 Chairperson Prouty made a motion and it was seconded by member Harpin to reschedule this case for 6:00 P.M. on August 28, 2006. All were in favor, none opposed. Chairperson Prouty' made a motion to close the hearing and it was seconded by member Harpin at 7:38 P.M. All 171 were in favor, none opposed. 3. Appeal of. Elizabeth Petrucci- Case# 1757 The Agawam Zoning Board of Appeals held a public hearing on August 14, 2006 at 7:30 P.M.;,at'. the Library Conference Room,Agawam Public Library, 750 Cooper Street,Agawam, MA, for,_a11 parties interested in the appeal of Diane.Busiere, who is seeking a Special Permit in accordance with section 180-71, Paragraph H of the Zoning Ordinances, which would allow for the construction of an addition on a dwelling found to lie within the flood plain at the premises identified as 91 Channell Drive. The Chairperson opened the public hearing at 7:42 P.M. She read the legal notice and explained the procedure to be followed. Ms. Prouty then introduced the members of the Board. The members sitting on this case are: Doreen Prouty, Fred Harpin, Joseph Conte. Petitioner Elizabeth Petrucci, is requesting to add onto her house by constructing a bedroom, bathroom, living room,mud room and deck. This would accommodate her sister, who is now living with her, who has multiple sclerosis. Member Harpin stated that the property is in flood zone A and the petitioner must apply with the Conservation Commission and file for an Order of Determination. Per the plans that were submitted to the Board it stated that in the 100 year flood plain the lowest floor elevation must be 58.0' or above. This plan shows the top of the foundation to be at 59.40'. Therefore acceptable. These plans were signed by all 3 members sitting on this case. Chairperson Prouty stated that when the structure was completed, the land surveyor, R.A. Foresi Associates, would need to go back out and submit a plan to the Inspector of Buildings that the addition was actually constructed at the level stated. Abutter, Francis Carmel, 72 Channell Drive, Agawam, expressed his support for this petition. Chairperson Prouty asked if there were any questions from the Board members. There were none. Chairperson Prouty closed the public hearing at 6:52 P.M. and went immediately into a public meeting. She called for a vote on this Special Permit from the members sitting, the result which is as follows: Chairperson Doreen Prouty yea Vice Chairperson Fred Harpin yea Clerk Joseph Conte yea The Chairperson explained the twenty(20) day appeal process. The Chairperson made a motion and it was seconded by member Harpin to close the hearing at 7:53 P.M. All were in favor, none opposed. �O AGA WTI, IVI4 o1001 � ! BOARD OF .PPE AT Case _ Filed loll. (/ Hearin � �s r :°,.I�i3Li�auoat to Board of Appea15 for SPECUL 1' R_ LTT as prolvided in the Zoning aixd. othex By-laws. ,Applicazit Michael B'Shara .Address 1214 Longmeadow Street, Longmeadow, MA 01106 ,1'�i�l�iicalit�c� is hcrebv made €�or SP,ECL-U PIRMIT as proN-ided by Secti.ora 180 Pazagraph 11 of the By-Iaw. Pzcn iscs a,f;fec-ted axe situated on River Road Street; 0 feet ,ustunt fToin the corner of Cal,03ell. Street and knotivn as street x-,tuj-abcx 395 Proper-ty is zoned as RA2 The applicant requests the Board Amend its existing specialpermit to allow parking in the froriL of the premises. Although the current special permit does not allow parking in front, a previous owner had added these spaces. There is no safety issue and it is a benefit to the neighborhood to allow this additional off street parking. �a y �+ d Y 3 C' � env �:. a tu�rc o i= o�c�zx ex or his au t ax ized a�e:�t � r Prank A. Caruso, Esquire, 127 Mulberry Street, Springfield, MA 01103•-0058 (413) /T32-3320 NOTICE: 7-iws APPLICATION NI UST BE FILLED OUT IN INK OR TYPEWRITTEN Town of Agawam Assessor's Office 36 Main Street, Agawam; Massachusetts 01.001-1837 Tel. 41.3 -786-0400 x 205 Fax 413 -786-9927 0 Email: assessor@agawam.ma.us' April 25, 2006 Frank A. Caruso, Esquire 127 Mulberry St. P. O. Box 30058 1441 Main St. - Springfield, MA 01103-0058 Dear Mr. Caruso: RE: Abutters list for 395 River Rd., Agawam(1,74-17) The attached abutters list for the above-named property has been certified with 32 abutters. If you have any questions,please call. Sincerely, Linda M. Morneau,MAA Assessor QFA Town of Agawam .l 36 Main Street Agawam, Massachusetts 01001-1837 o 0 � Tel. 413 7 0400 Fax.413-786:992.7.. . DATE: . April. 24, 2006 CER.TIFTCATION OF ABUTTERS LIST PROPERTY LOCATION: _. 395 RIVER ROAD :CAD MAP # L7 BLOCK# 4--' LOT# 17 w^� � CD CONTACT PERSON NAME: FRANK A. CARUSO, ESQUIRE "' CONTACT PERSON-ADDRESS 127 MULBERRY STREET, P.O. BOX' 30058 _SPRINGFIELD MA 01103-0058 CONTACT PERSON-.PHONE NL MBER (413) 732-3320 ._ ABUTTERS Name: MCGRATH, ELIZABETH J. - Map# L7 Block# 4 Lot# 18 Address of property: 403 RIVER ROAD, AGAWAM, MA 01001 SAME Address of Owner: Name: REED, CRAIG S. & MARY BETH Map# L7 Block# .4 Lot#19 409 RIVER ROAD, AGAWAM, MA-01001 Address of Property: Address of Owner: SAME ABUTTERS Name : MCKENNA JANEI E. L7 5 20 Map# Block#—Lot# Address of property : 417 RIPER ROAD, AGAWAM,, MA-01001 Address-of Owner: SAME Name. DUNI, JOHN R. L7 5 21 . Map# � Block# Lot# 'f 425 RIVER ROAD, AGAWAM, MA 01001. Address of property : Address of Owner: SAME WEIRBRICK, CECEX L--. L7 3 17 Name: Map# Block#__._Y._.. Lot# Address of property : 375 RIVER ROAD, AGAWAM, MA 01001 Address of Owner: SAME JABRY, RIaiMD M. JR. L7 3 16_ Name: -- ---- -- _ _ _ _ — _ IV.('ap# Block# Lot# 'Address of property. 365 RIVER ROAD, AGAWAM, MA 01001 Address of Owner: . SAME -- -_ - Name: _ _ BRINN, VIGTbR. H. & ,JUDI` H ANN 3 18 Map# L7 Black# Lot# Address of property : 379 RIVER ROAD, AGAWAM, MA 01001 Address of Owner: SAME !Name: CHANDLERS MICKAEL D. & TINA M. 3 15 Map# L7 Block# Lot# kddress of property: 14 FLORIDA, DRIVE, AGAWAM, MA 01001 kddress of Owner: ABUTTERS DYL, FMNCIS & LOUIS ( L/T) -Name : DOUGLAS KENNE H & DENNIS Map# . L7 Block# 3 Lot# 19 Address of roe Pm' 13 CAMPBELL DRIVE, AGAW,AM, MA 01001 property : Address"of'Owner: SAME GIBBS, JOY. L. & BENOIT, RONALD W. V 3 14 Name: ——- _ — - Map# Block# Lot# f _ .Address of property : 22 FLORIDA DRIVE, AGAWAM, MA 01001 Address of Owner: SAME SJOSTROM, GARY A. & EDITH M. L7 3 20 Name: Map# Block.# Lot# Address of property : 21 CAMPBELL DRIVE, AGAWAM, MA 01001 Address of Owner: SAME Name: — DEROSE,TROBTN Map# L7 Zl Block# 3 Lot# Address of property: 27 CAMPBELL DRIVE, -AGAWAM, MA 01001 Address of Owner. S`ME Name- MONTAGNA, TREM J. & MARION _ _ Map# L7 Block# 3 Lot# 13 Address ofproperty : 28 FLORIDA DRIVE, AGAWAM, MA 01001 Address of Owner: SAME Name: CHAPMAN, Ka4ARD H. & RITA L. (L/T) Map# L7 Block# 3 Lot# 12 CHAP , 6WUL K. Address of property: 36 FLORIDA DRIVE, AGAWAM, MA 01001 Address of Owner: SAME 01 ABUTTEPS SMITH,.,WCY L. c/o ATTOUEY.LISA BEAU IS Nafhe : Map# L7 BIock# 4 Lot# 25 Address of property : 51 CHANNEM.L DRIVE, AGAWAM,. M 01001 . . 698 WESTFIELD STREET, WEST SPRINGFIELD, MA 01089 Address of Ovmer: Name: CHRISCOLA JOHN J. JR. & JUNE M. , Map#" L7 Block# 4 Lot# 24 J Address o 'property : 41 CHANNELL DRIVE, AGAWAM, MA 01001 Address of owner: SAME Name: GROVER,. RICHARD T. Map# L7 Block# 4 Lot# 23 Address of property : 33 CHANNEf-L DRIVE AGAWAM MA 01001 Address of Owner: ' 36 DOGWOOD LANE, AGAWAM, MA 01001 Name: Map# L7 Block# 4 Lot# 22 Address of property: 27 CHAMELL DRIVE, -AGAWAM; MA 01001 SAME Address of Owner. Name: BESSEITE, 'WILLIAM A. & JOAN M.' Maps# L7 Block#4 Lot# 21 Address of property : 21 CHANNELL DRIVE, AGAWAM, MA 01001 kddress of Owner: SAME dame: SKOWRON, RIMARD-J. & CHRISTINA A. Map# L7 20 Block# 4 Loy# .ddress of property: 13 CHANNELL DRIVE, AGAWAM, MA 01001 SAME ddress of Owner: A-BUTTERS Name : PERREAULT, MNEST R. & ELAINE C. Map# L7 BIock# 3 Lot#23 45 CAMPBELL DRIVE AGAWAM MA 01001 Address of property : > > . Address-of Owner: SAME Name: O'MAILEY, WALTER A. & EDNA E. Map# L7 Blocle#4 Lot# 12 Address'of property Address of Owner: SAME- Name: __ WIENERS, RONALD E. & ANDREA C. Map#`L7 BIock#. 4- Lot#_13____ Address ofproperty . 36 CAMPBELL DRIVE, AGAWAM, MA 01001 Address of Owner: SAME Name: NIGRO, M.ICHAEL & FRANCES Map# L7 Block#_ 4 Lot# 14 Address ofproperty: 30 CAMPBELL DRIVE, AGAWAM. MA 01001 SAME Address of Owner. LANDRY, SWARD J. FAMILY TRUST L7 4 1.5 Name: _ _ _ _ :- _ - Map# Block# Lod# Address of property : 24 CAMPBELL DRIVE AGAWAM MA 01001 address of Owner: SAME MORRISSEY, BARBARA A. & MICHAEL T. (L/T) MORRISSEY-ANGEVIRE, JOANNE fame: MORRISSEY-CHANCE,' BONNIE (MICd-IAFL DECEASED)Map# L7 Block# 3 Lot# 22 ddress of prop ezty: 37 CAMPBEF.L DRIVE, AGAWAM, MA 01001 3332 STRICKLAND STREET; GLASTONBURY, Cr 06033 ddress of Owner: :y ` ABUTTERS Name ; 'IWSSEM, .PAUL & CAT3LEEN Ma- L7 Block# 5 Lot# xS Address of property 40 MANNELL DRIVE, AGAWAM, MA 01001 Address of Owner: SAME FERRIS, EDNA L. (L/T) (DECEASED) FERRIS, JAME.S T. & DANI=EL W. U 5 16 f Name: -- _ _ _Map# __ __ Block#—Lot# Address of property : 32 CHANNELL DRIVE, AGAWAM, MA 01001 Address of Owner: : 6fflEN NY Name: MMARD, WILLIAM J. & JOANNE F. (L/T) MMARD L7 5 17 'Map# BIock# Lot# BRYAN Address of property : 28 CHANNEL DRIVE,. .AGAWAM, MA 01001 Address of Owner: (Sa m e' F/4 'h Jl PePA,17 L17-1 `c,1C �1 J c v s -17�w.6P • . L7 5 18 Name: _ _ _ - Map# Block# Lot# Address of property: 22 GIA VnL DRIVE, AGAWAM, MA 01001 Address of Owner: SAME Name: _ LONW, CHRISTOPHER L. & MARYANNE C. _ Map# L7 Block# 5 Lot# 19 address of property : 16 CHANNELL DRIVE, AGAWAM, MA 01001 address of Owner: SAME acne: &- Inman At a Z& 02 �&,55 Map# � � Block-4 16 Lot# � ddress of property: _11r� 9c�• _ _ _ —. _ _— -- - - ddress of 0wner: O Fa,&-Al �/ ZQ- ��� 6' :l - I PROPOSED PARKING FOR THE FRONT OF 395 RIVER ROAD. SPACES ARE 9'x 20' . 133.92, C� REAR PARKING LOT rn r r Ln _ O. tD O p [3 c• []SHED �_ C'- r ~ --► r-n I L C m BUILDING 395 "'fir►..,.. I r r r r r N {V 173.92' t"EmE RIVER RAVELLED ROAD Y. PLAN OF LAND SCALE : 1" = 30' OWNER: MICHAEL B'SHARA DATE: OCT.3,2O05 a�' t��l ��s�� FRANK �Gs --- LOT N O. --- ) A. u RUELI, JR. ADDRESS 395 RIVER ROAD ?, No.36391 � FRANK A. RUELI JR AGAWAM, MA PROFESSIONAL. LAND SURVEYORSTE HAMPDEN COUNTY REGISTRY 12 CENTERWOOD DRIVE At Lk%5 DEED BOOK: 13167 PLAN BOOK: --- AGAWAM, MA �L PAGE: 492 PAGE: _-- PLAN No. 10105 r ggkk 33 y y , 05—+�61 �Jd g@� 3 n5 p 5S k .I MASSACHUSETTS WARRANTY DEED F KNOW ALL MEN BY THESE PRESENTS, that , NARENDRA SHAH c}f' Agawam, Hampden County, Massachusetts Cur consideration paid :rnd in Full consideration of TWO HUNDRED NINETY FIVE THOUSAND ($295,000.00) AND 001100 DOLLARS, graJlt Lo, MICHA£L B'SHARA of 1214 Longmeadow Street, Longmeadow, J1ampcden Counl.y, hlassnrhriseLt> an individual, with WARRANTY COVENANTS, the land sil.uated aL 395 Rive: Road, Agawam, Hampden County, Massachusetts, bounded and described .i.n EXh1b1L "A", attached hereto and inc()rpnr.a L`d h?r"i11 , g a WITNESS iri hand and seal Lh.i s day of May 2003_ a od Witnes -- 4�Nar ndra Shah N __.. d COMMONWEALTH QJ MASS11CIIUSFTTS }� N V N � 11,3rnpden, ss. May 003 Then pe.rrorrall-y appeased Lhe above-named NARENDRA SHAH, and N acknowledged Lhe EOtegOi.ny instrumenL to be hts f4ee ancd df-ed, u before me. of � My Cornmi.ss.i expi res: E-�•�ob5 SFF:IIIG'r I�LD D -IJ5 ti' G12 F{A P N DT"/06/0, it 01 pLK" Fa 11ai5.20 CASH $IZ 4S_c^O 3. ip T t 'f r r e Sk 13167 Pg493 #47055 I± "EXHIBIT A" Vie land in Agaviatn, Hampden County, Massachusetts, bounded and described as follows: r 3 Beginning at a point in the Northeasterly corner of Campbell Dtive attd the Wortherly side of Cover Road, and running thettec WORTH 48' 4"!' 30" WliS'f, two hundred fifty (250) feet to an iron pj n; thence AIORT}i 41° 12' 30" EAST, one hundred thirty-three and 9J/100 (].33.92)--Leet to an iron pin; thence SOU'1'll 51' _4"!" EAS'C, two hunc.ttnd fifty-five and 79/100 (255.79) feet to a stone bound; atxS thence SoUTtt 42° 05' WEST, one hundred .,evcnty-three and 92/l0U(1")3.921 feet to the point. of beginning. SUjSJECT to pole and .Line rights granted to Western 1 Massachusetts }:I.ectric Company eL al. under instrument dated January �, 1952, and recorded in Ha[npden County Registry of Deeds, Book 2.154, Page 508. 3l1BJF.(:r to boundary Line agreement. recorded as aforesaid in Book 2159, Page 35U, insofar as Lhe same may he now in force and applicable. ' St1BJI:CT to a taking for sewer easement by the Town of Agawatn wilder irtst.rument dated February 9, 1963, and recorded as aforesaid in Book 2948, Page 317, insofar as the same may he now in force and 4' appli cab Le. �. Ijes.ng the same premises conveyed to grantor.- by deed dated Jane 4, L993 and recorded in the. Hampden County Registry of Deeds Book d44'I., Page 448. Myy of DECO �. ►1A1�14>it I , 9 k Dk 13167 Pg493 #47655 i; I "EXHIBIT A" The land in Agawam, Hampden County, Massaizhusetts, bounded and described as follows: a 1 F3eyinni,ny at a point in the Northeasterly corner Of Campbell 1)r:ive and the Northerly side of River Road, and running thence WORTH 40° 47' 30" WEST, two hundred fifty �250) feet to.an iron pin: thence NORTH 41° 12' 30 EA_S'C, one hundred thirty-three and 92/100 (113.92) feet to an iron pin; thence SOUTH 57° Al" EAST, two hundred fifty-five and ' 9/100 (255.79) feel: to a stone around: and Lhenc:e SOUTH 42' 05' WES'1', one liundred seventy-three and 92/1Uf� (1'13.921 feel to the point of beginning. 3Ut1JECT to pole and line rights granted to Western I. hSassachuseCts t'.Lectric Company eL al. under instrument dated January 7, 1952, and recorded in Hampden County Registry of Deeds, Book 2154, Page 506, SUt3Jli(:'1' to boundary 3 i.ne agreement. recorded as aforesaid in Book 2159, Page 350, insofar as the salrie may be: now in force and i aF�pi ar-ab.)e. II 13JE= to a taking for sewer easement by the Town of Agawam sander instrument dated February 9, 1963,. and recorded as aforesaid in Hook 2948, Page 317, insofar as the same may be now in force: and ItI' appl.i cable_ 4� 13eing the same premises conveyed to grantor by deed dated June 4, 1993 and recorded in the Hampden County Registry of Deeds Book 8,141., Yale 4411. �5}1EG1S BY OF 400 �: 11AlA4YYN COIrl1N i. i I. f i r: i i f S �4 � a r .._ I J _. J :�.. :�. � ��� ) �� � � �.� J jt i . ..,..." .,,r,+,�,� 1 J J � . � J J J J J J J J J J J J J J J J J J J i STA Town of Agawam 36 Main Street Agawam,Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 ea September 19, 2006 C" n c. Daniel Muldoonrrn The Burlington South Realty Trust P.O. Box 551 ` South Hadley, MA 01075 cn Dear Mr. Muldoon: At its duly called meeting held on September 7,2006, the Agawam Planning Board voted to approve the Definitive Subdivision Plan entitled: `Burlington Estates,Definitive Subdivision Plan in Agawam, MA,the Burlington South Realty Trust, P.O. Box 551, South Hadley,MA" prepared by Anderson Associates and dated December, 2005, revised July 31, 2006 with the following conditions: 1. All easements shall be executed and submitted to the Planning Board for its signatures. 2. A Covenant and Performance Agreement shall be executed and submitted to the Town. 3. No additional lots shall be created unless through an amendment to the Subdivision Plan in conformance with Chapter 41 M.G.L. 4. All comments contained in the Town Engineer's memos dated August 17 and September 7, 2006 must be addressed. Two full sets of mylars shall be submitted to the Planning Board for its signatures. If you have any questions,please contact the Planning Office at 786-0400, extension 283. Sincerely, Dennis B. Hopkins, Chairman Agawam Planning Board cc: Clerk, Treasurer, Building, Engineering Anderson Associates, Pile WJVW(I WWI TowN OF AGAWAM INTEROFFICE MEMORANDUM To: Planning Board CC: Building,File From: Engineering Date: September 7,2006 Subject: Definitive Plan-Burlington Estates-Poplar Street On 917106, Engineering received the latest submittal (revised 9/6106) of the definitive glans for the subject site. We note the following: 1. Upon initial review of these plans, it appears that most of previous comments from Engineering's past memos have been addressed. With such short notice, Engineering could not make a complete review before the Planning Board's meeting 9n106. We will do so at our earliest convenience, 2. It should be noted here that the Notice of Intent for the subject site is still under review_ The N.O.I, must be completed and accepted before final release of the definitive plans can take place. Please, do not hesitate to contact our division with any questions or conments, Sincerely, Rick S. Seidnitm a J. H39man,P Civil Engineer I To ngine S:15ilT3piV18ur�ldgWnFstetalmnm�ti3_deflnitlxnrcvfew.due d TOWN OF AGAWAM F INTEROFFICE MEMORANDUM 4en ' To: Planning Board C. CC: File IS From: Engineering '' w r Date: August 17, 2006BOARD Subject: Definitive Plan-Burlington Estates -Poplar Street As per your request dated August 14, 2006, we have reviewed the plans titled "Burlington Estates Definitive Subdivision Plan in Agawam, MA; Prepared for: The Burlington South Realty Trust, P.D. Box 551, South Hadley, MA; Prepared by: Anderson Associates, 375 Walnut Street Ext., P.Q. Box 382, Agawam, MA, 01001; Latest revision: 7/31/06". With short notice for review of the subject site's revised definitive plans and with the impending move of Engineering to the new DPW facility, we are submitting as many comments as time has allowed. The following Iist of continents is not all inclusive. Also, there are a number of comments regarding the subject site not mentioned here but contained in our last memo to the Conservation Committee dated August 10, 2006. The comments in this memo as well as any unaddressed comments from previous memos will have to be addressed by the developer before final release of the definitive plans. Additional comments for the Burlington Estates' definitive plans for this memo are as follows: 1. It would be helpful to have a project bench mark closer than the hydrant bench mark shown on the plans. 2. Proposed contours for the complete site have to be added to the topographic sheet. Depending on these proposed contours, grass drainage swales may be required on individual lots. 3. The location of the proposed construction entrance pad should be shown on the erosion control. sheet. 4. The survey data of Lots 2A, 3A, 4A, & 5A (West View Lane) as shown on the plans does not agree with the survey data for'these lots that was submitted on the Giroux Estates subdivision plans. This will have to be corrected so that both Burlington Estates and'Giroux Estates are using the same coordinateibearing system. 5. Street line survey data is missing at the intersection of Poplar Street and Burlington Drive. The proposed paving grades appear to be producing a depression near the proposed handi-cap ramp at the northeast corner of this intersection. The area on the west side of the opposing proposed handi-cap ramp at this intersection is very flat. Both areas need regrading to achieve positive drainage. At this location, the 2 proposed CB rim grades in profile (both at ele. 202.92) do not match the proposed paving plan gutter elevations (both at ele. 203.25). 6. Survey data (curve lengths) is needed to define the parameters of all easements tying into the Burlington Drive cul-de-sac. Stationing should continue from the end of Burlington Drive through the proposed 50 foot future street easement and tie into Twin Oaks Drive (profile and plan view). All plan view stationing should be applied to the proposed sanitary sewer easement between West View Lane and Mill Street and also be applied to the proposed detention pond drainage easement. r r a Ci 7. A construction detail for the proposed sanitary sewer connection into the existing SMH in Mill Street should be added to the plan. 8. A note referencing which lots will require the.low pressure grinder pump systems installed for sanitary waste must be added to sheet 6 of 17. Within this note a particular system must be recommended. The note should conclude with the following, "All installation and maintenance costs shall be borne by owners. Deed easements, restrictions, agreements, and covenants shall be required." Sheet 6 of 17 should'also show the layout of these systems, the size and type of pipes, locations of individual lot lateral assembly tie-ins, and which SMH these systems are to be tied into. Construction details for a typical lateral installation, the SMH tie-in, and any other pertinent construction should be added to the details sheet. 9. For the proposed leaching yard drain on Lot 17, is it the intent of the designer to have an overflow pipe (or some other pipe) as part of the YD's construction? The note by this YD states "Yard Drain to Positive Outlet". If some type of piping is part of the YD, then additional information/construction details are needed to define where this YD drains to (or what it ties into) and the size/type of drain pipe that is to be part of its system. 10. At all locations of proposed grass swales, the following note should be added, "Proposed [corresponding width] wide private surface drainage easement for the benefit of Lots [corresponding lots]." 11. At the intersection of West View Lane and Burlington drive, the pair of handi-cap ramps at the south throat of the intersection should be redrawn so that they are in the same alignment. 12. Future development of lands on the easterly side of Twin Oaks Road may necessitate increasing the proposed 50 foot future street easement mentioned in item 6. VehicIe road trips through this ROW generated by future development may exceed the number of vehicle road trips designed into a standard 50 foot ROW. Also, the shallow depth of the proposed sanitary sewer at the end of Burlington Drive will not allow for any sanitary sewer tie-in from any future development. 13. The plans should fully detail the existing road conditions at the end of West View Lane in Giroux Estates (utilities, elevations,road construction, etc.). 14. Label the lengths of all pipes on all sheets, particularly in profiles. This will also help to eliminate the discrepancies between profiles and plan views. One example is on Burlington Drive from sta. 11+46 to sta. 12+10. In the profile, the distance from the DMH at sta. 11+46 to the DMH at sta. 12+10 is 64 feet. On the plan view, the distance between the same two DMH's is 88 feet. 15. The plans when submitted to the Hamden County Registry of Deeds must meet all of the Registry's requirements for recording a plan. As an example, much of the text on the plans is smaller than the minimum required text height (?1/8"). Please, do not hesitate to contact our division with any questions or comments. Sincerely, Rick S. Seidnitzer ieor anne J. oym ,P.E. Civil Engineer I r' To Engineer SASUBDMBuriington Estateslmemosldefmi five review-1 2.doc Town. of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Z a Tel. 413-786-0400 Fax 413-786-9927 -4 November 3, 2005 Burlington South Real Trust CD � h' P.O. Box 551 South Hadley, MA 01075 To Whom It May Concern: At its duly called meeting held on November 3, 2005,the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not.Required" for a parcel of land located on Mill Street. Plans drawn by Anderson Associates and dated Sept. 2005. Sincerely, AGAWAM PLANNING BOARD Please be advised that failure to record theplan within six (6) months and provide proof of recording will negate the action of the Board. -Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawann, MA 011001. To Agawam Planning Board Please be advised that the Form A plan that was filed by Burling South Realty Trust and approved by the Agawam Planning Board for a parcel of land located on Mill St. has been recorded at the Hampden County Registry of Deeds. Book _ Page Signature of Applicant Oct 18 05 04:33p Anderson Associates 1-413-533-9975 P. I FMD-W-2BOS 13=52 TOA OF A 786 9927 P.02 To' wn of Agawam TeL 4I3-796-UOO Fax W-7"86-M7 FORM A AMI cation for-EndQMment of Plan Nal 110 =ire At^��no -a# FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WMH -' THE TOVM CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 1.14 -o - Agawam.AAA (967r Zo TO THE PLANNING BOARD: The understgnect, beflev ft Char the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the n aning of the SubdWon Gomol Law, herewith submits said plan for a determination and endorsement ftt ptarning Board approval under the Subdvision Control Law is not required. i. _ Nam of Appl ant ..r Address :.� Name of Sure Addk%m 3. Deed of Property Recorded in k C6 A Book ` i tf Page 2 C] 4. Location of Property IV�r I f „ . A P C-J-- 5. ©*scribe the proposal in this submission: 70 b t v kP he&f Or+;I tr�e7ai AT' ACHA t K 'S-Two+arms and three copies of pbm by cerHfsed land surveyor. Filing - $33.0m t�re� �Owjnerl Address � P.Qz G e o� ►e. tS 11) 19a i,L 0-1 7 �. s r�r r 1 red T6 03 3 67� 2 vl� 1'1V6-7-p �o �rlf ANDERSON ASSOCIATES 375 WALNUT STREET EXT. P.O. BOX 382 AGAWAM, MA 01001 Tel.413 525-4145 Fag 413 533-"75 Ln r.s April 18,2005 co � T Re: Burlington Estates Z' ' Dev. By The Burlington South Realty Trust r P.O. Box 551 South Hadley,MA 01075 Dear Planning Board, We are submitting preliminary plans for a subdivision containing 14 lots on 13.45 acres of land. The location is on the East side of Poplar Street and West of Twin Oaks Road. There are environmental concerns with this property along the southerly border. The wetland lines have been identified by Joseph Petronino of Environmental Services and are shown on our plan. The property in within the Agriculture Zone of the Town Zoning by-laws and the lots conform to the zoning and is conforming to the Town Master Plan. We will file a notice of Intent with the Agawam Conservation Commission and those issues will be addressed during the definitive process along with any concern with the engineering department. Sincerely, Ronald R. Huot PLS Anderson Associates ,IF F.JNJ ��IHG p�.A Apr :19 05 06: 42a -Ahd,er w.dn ::`Associates 1 -413-533-9975 p• 1 Agawam Planning Board STATE14ENT OF INTEREST Date April 19, 2005 The petitioner certifies that he is the authorized representative of the owner of all lands contained within the description of the subject petition and that he has option to purchase such lands. ,rc= Re : Agawam Planning Board -Case No. to Burlington South Realty Trst�y? Daniel Muldoon, Truste 5 Tigger Lane (Address) 11adley, Massachusetts 01075 RECEIVED APR 19 2005 COMMONWEALTH OF MASSACHUS BOARD p ING HAMPDEN ss Data 4/19/05 There personally appeared before me, on the above date, Daniel Muldoon Trustee for Burlington Sou�� me Realty k Trust nh g nown to be the person described in and who executed the fore oing document. D VID A. LADIZKI NOTARY PUBLIC COMMOW %LTH OF MASSACHUSETTS My Commission Expires Dec.J5,2006 °o Notary pub c December 15, 2006 David A. Ladizki �' My commission expires Apr 18 ,,05 G6: 44a' Anderson Associates 1--413-533-9975 p. TO"OF AGAWAM FORM B Application for Approval of Preliminary Plan File one completed form with the Planning Board and a copy with the Town Clerk in accordance with requirements of Section III-B. April 19, 20_0___ To the Agawam Planning Board: The undersigned herewith submits the accompanying Preliminary 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 Applicant Burlington South Realty Trust T _ Address —��i a �e South Hadley, Massachusetts QIQZ5 2. Name of Engineer or Surveyor AnfjPrSQj,Aoo:�j-a*-s Address 375 Walnut street Ext. ' A&aw,jam, Maca^rhirccrtrm ()inll 3. Deed of Property Recorded in Hampden County Registry of Deeds Page 2697g69$ook�1 4 � 4. Location and Description of Property(attach sheet) 5. A list of the documents included in this application shall accompany notice to the Town Clerk. Documents required to be submitted with this notice: {�eq) a. Notarized statement of interest in the land. Rec b. Environmental study. c. Plans . d. Certified copy of Deed `l Signature of Owner "ffaniel Muldoon, Trustee Address 5 Tigger Lane South Hadley, Magsachusetts 01075 Sk L48L4 Pg269 ML0783 CER1tFiE rQ BE A TRITE AND 02-09-2005 0 Oa x 25p CN iiiE t KNOW ALL MEN BY THESE PRESENTS,that, We, SHIRLEY M. MACCALLUM and ROSEMARIE GALLOWAY Of 159 Poplar Street, Feeding Hills, Hampden County,Massachusetts for consideration paid and in full considerftm of **ONE HUNDRED FIFTY NINE THOUSAND EIGHT HUNDRED AND OOMOO ($159,800.00)DOLLARS** grant to DANIEL F.MULDOON,Trustee of the Burlington South Realty Trust Ilk which Trust i dated January 26 2006 and recorded in the Ham en Countyi s , of Deeds in Book I Page 49 and having an address of 5 Tigger h Lane, South Hadley, Hampshire County, Massachusetts x with QURCLAIIM COVENANTS All of our right,We and interest In and to a certain parcel of lend In AGAWAM,Hampden County, Massachusetts,known and designated as Parcel F as shown on a Plan of Land entitled 'Plan of Land in the Town of Agawam— Mass, owned by Edgar T. DaigneauiY dated November 24, 19M and recorded in the Hampden County Registry of Deeds In Book of Plans 222, page 4, to which plan reference is made for a more pendular description. Excepting therefrom the land conveyed to Lynn Ann Monest by deed dated January 14, 1987 and recorded In the Hampden County Registry of Deeds In Book 6365 Page 248 which is immediately adjacent to Parcel F as described above on its westerly and southerly side,which land was a portion of Parcel F. For Grantors Title,see Probate of the Estate of Edgar T.Daigneault(87P 0774),See also deeds recorded in the Hampden County Registry of Deeds In book 1819 Page 352 and in Book 1726 Page 599. CIE vet) vie ZQQS 11� �ooi�oo nng •jonx FEE Z1jz'tM PJAsd 9£Z098L£ZV IVA 84:21 ZU soaa/auto 4lr (611FIE6 10 BE A TRUE AND Bk 14814 € 92 0 *10782 E8 L 1iiE OR16i 02-09-9005 0 02 s 2;5P KNOW ALL MEN BY THESE PRESENTS,that 1. SHIRLEY M.MACCALLUM Of 159 Poplar Street, Feeding Hills, Hampden County, Massachusetts for consideration paid and In full vonsideration of **TWO HUNDRED FORTY NINE THOUSAND AND FIFTY AND 001100 ($249,050.00)DOLLARS" grant to DANIEL F. MULDOON,Trustee of the Burlington South Realty Trust Which Trust is dated January 26, 2005 and recorded in the Hampden County Registry of Deeds in Book , Page--I�& . and having an address of 5 Tigger Lane, South Hadley, Hampshire County, Massachusetts with WARRANTY COVENANTS A certain pnwel of tared in AQAWAM, Hampden County, Massachusetts, known and designated as "Parcel G'on a plan entitled `Plan of land In the Town of Agawam-Mass. owned by Edgar T.Daigneault"dated November 24, 19M and recorded In the Hampden County Registry of Deeds in Book of Plans 222, Pages 4 & 5. Said parcel being more particularly bounded and described as follows: Beginning at an Iron pin on the Easterly border of Poplar Street as shown on said{clan, thence S 81 °55'00"E heading in an easterly direction along the southerly bonder of land now or formerly of Rose and land now or formerly of RiDonato a distance of seven hundred eleven and 37/100(711.37)feet,thence S 03°40' 30"W along parcel "F": a distance of one hundred.fifty two and 36/100 0 52.36)feet, thence N k°37' 30°W along parcel"F"and along land now or formerly of Giroux a distance of eight hundred twenty four and 431100 (824.43)feet,thence N. 401,05'00" E along the border of Poplar Street a distanoe of one hundred ninety one and 14l100(191.14)feet to the point of beginning. £00/TOOUj UGH `10flE +-*-f TMZTPgq PTa9Q 9£Z09g M Iva 90:£T afu 900Z/ZT/wo @k 14Bl4 P9878 Oi07$4 02—"-2005 0 02a25p KNOW ALL YEN BY THESE PRESENTS.that,1. LYNN A.PIKE FMA LYNN ANN MONAST Of 3751 Wmtrd Drive,Tarzana, Califvmia for consideration paid and in full consideration of *'S xmm THOUSAND AND ONE HUNDRED FIFTY AND OW100 ( 1B,130:00} DOLLARS'* grantto DANIEL F.MULDOON,Trustee of do Budinglon South Really Tmet which Tmwt is dated January 28,2005 and recorded In the Hampden County Registry of Deeds in Book—lq-klf Page and yhgrAng-an address of 5 Thgger Lane,South Hadley, Hampshire County,Massachusetts. with WARRANTY COVENANTS A oertaln parcel of Iand In.AGAWAM. Hampden County, Massachusetts. #cram and designated as'Parcel Won a plan entitled"Plan of land in the Town of Agawav maw Owned by Edgar T. Deigneauir dated September 20, 1986. Said pamal beft more p� particularly hounded and described as k4m a: Beginning at a point in the westerly Ilne of Twin Oaks Road and manning thence, S 15"OW 1,V W along Twin Oaks road one hundred forty and 751100 (140.75)feet thence N.80°W W W a dance of titres hundred seven and MM 00(307.80)feet,thence N 09°10'00"E a dislenos of one hundred forty(140)feet,thence S.80°W 0('E a distance of three hundred twarrty two and 321100(322.32)bet to the point of beginning. Being the same promises oonveyed to the Grantor herein by deed of Edgar T.Daigneault dated January 14, 1987 and recorded In the Hampden.County Registry of Deeds Book GW5 Page 248. Nl�nIng and irSenci M to Convey all my right,Me.and interest In the lend Immediately adjacent th Parcel F as shown on a Plan of land recorded In Book of Plana 222, Page 4 on my w Merly and southerly side which land was a,portion of Panel F conveyed to me. OZO/T0012 UGH '10nH .FE TMZTPIn PTAva 9£Z0981£T6 IVA Z0:£T 3fl,j 50OZ/ZT/t0 TOWN OF AGAWAM 8 (-) -qic—ke , q 4 36 NLg1N STREET a AGAWAM, 1fA; 41 401 BOARD OF APP 3 t; Case Filed Hearin Application to Board f Appeals for SPECXAFERM 'l as provided in the Zoning and other By-1 ws. Applicant Address • Application is hereby made for 52ECI�4L FERMIT as provided by Sec tin I b y -"7 Paragraph_ZLI TZof the By-law. Premises affected are situated on IL Street; 3 7 feet distant from the corner of 5 ; � _ _ , Street and known as street number Property is zoned as 1 rAf � c , -14 Slo (jq v v w a CIO Signature of owner or his authorized agent NOTICE: THIS AP? CATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN Fa . of Agawam Town Assessor's office w 'y 36 Main Street, Agawam, Massachusetts 01001-1837 f Py`ti Tel. 413 -786-0400 x 205 Fax 413 - 786-9927 Al E0 Email: assessor@agawam.ma.us May 22, 2006 Diane M. Busiere 12 Letendre Ave. Feeding Hills,MA 01030 Dear Ms. Busiere: RE: Abutters list for 12 Letendre Ave., Feeding Hills (G12-9-4) The attached abutters list for the above-named property has been certified with 36 abutters. If you have any questions,please call. incgrel , �- Linda M. Morneau, MAA Assessor w - cn Page of Tow. of Ag' awam' it 4/ 36 Main Street Agawam, Massachusetts 01001-1837 . TeL 413-786-0400 Fax..413-786-9927. . RATE: ` / ° CERTIFICATION OF ABUTTERS LIST PROPERTY LOCATION: QI 0 2o "MAP # � BLOCK# LOT# DNTACT PERSON NAME: , CONTACT PERSON-ADDRESS � � CONTACT PERSON=PHONE Wk MER 98 f—13 /S ABU=RS y _ vaane: Map# Block## L.ot# Address of property: i� 3— G 3S . !���o�lr FZmCLb S i 4 + ,kddress of Owner: G 3 3 SIB eJCr , sT !� c1� /� /J'L i 0403 - .7-112,a s T Map# �E/-2 Block#. Lot# -address of Property: Adress of Owner: _2L �%�1 ��-�64A-1-9—Z6 S -r �A2u In.14 6100/ �_ Page of-j.,,_ A 3UTTERS � Name : / 6L 'r— oZ �/L #„N 3 Block# Lath tow Address ofproperty: .i-.+J . Address of Ow�aer: f Name: Map# 3 Block# l Lot# , Address of property : I4� U Address of Owner:--A 4120--'— .0/°?� 03 Name: ""'"�r�-�S y ate} 1� ��Jr Ill`" _ _ Ma #i a Bloc ZAt#, ; Address of property :ro � S r lr I�f -L� dl0 3 C , 02 P fi Address of Ownerr: 3 V � STr j j;il/r fJ�l--S 41/1- O/ a.� Name: ., Map# Block# � Lot# Address ofproperty: ,2 A&'LL Address of Owner:_ a � /��sr. Name: � ,�=_13�LrZ L Ar-..J6r T/ZST4 Map# /-/-/. Block# 2 Loy# Address ofproperty ,: c�' �' ST � s -� /yl/� 0/63� Address of Owner: _// C. Ty ✓ V� _ � , S/�i _�?22 h� ,bl o� 2 5'�s' i Name: � - � Jjt1 ` . fpa- Map# / �. Block# J Lot# Address ofproperty: G 3/ s�� f� s4 Address of Owner: G 3 f� /"14" ° 3s ABT37MRS_ Name JAX41J 63 _Map# Block# Low/ l Address of property _M �,5 /�'l a� 30 Address of'weer: Y l ��i�. 1�-'� r - .�i.Ts •�'! / C}l�30 Name:. f o o L� _ map# �f� Block# � Lot# Address ofprpperty 6-5 'IOA-r-'IJG-P19" . 52 CO3o Address'of Owner: Name: .�_ ,LJ ji. Al c e-3Z,&L-a� _ - Map# �/� Bloc# Address ofproperty : �E-�*J� - / i4,C L� Address ofCP"mr: 41 �o Name: . •¢�C: /?�1 c.�T7"L R Map## ll3 Block# Lot# Address ofproperty: /,L-)� Z-- 7-442A 61020 Address of Owner: A A)02— .1C¢ /��Z' M lV b/03 c /po fC Name: IUA T Map# Address ofproperty : t 4-1—i4"DA46 v f L.� /)'tt� 61 d 3 0 Address of Owner:./ � s9�J� �"`�• y �cJly / /7?F� 3� tv Name: K^�'� / ^s!Q Map# 13 Block# Lod#3 Address ofpropex-ty: c�s i�.��/L �(! ,�, , IV -gboo. :/ 1 f1 Address of Ovmer: o J � r�� � � d�° ABUMRS Name : G. 3�o CP p## `Tf BBlock# / Lot# ;2-' J Address ofproperiy. _ - _ -- . _ s of Owner. o��` f - .77'" � ��-. =4z),Z.Jl� �� �9 1310 3 0- Addres Name. ,Lo A :TE nQ� _;.Map# �rl Black# Lot# I Address of Property: Address'of Owner:. DG-�E. Name: G(A(W Map##��X Block* Lot# l =L�3 Ca Address of property • A'i _ S 12. Y��✓ `Q 3 a _. S /n- -O Address ofOwner:- �` �l��Zr+-�'rld S� �sue, . /�-T-r-� G430 --47-3g�, r�� Name: Map# /,�t Block# 0 Lat#� Address of property: ��� `�Fr -,I� J-7-_ / GCS /12/ dS Address of Owner: . f Name: ,L.o Block# Lot# Address of property: sf .rs�� of � � A 03 o Address of Owner: V,10 7- /taU I l o Name: x 13 Y4� Map# Block# Lot# ,� _ Address of prop eTty: �� ,3 1 G-F sD S'T j, �C S' !7!1 ig•^�l-d, o Address qf owaer: � �� - _ . �?2s�.-4 ABUTTERS Name :lkd Aj v - /,e o"a 1V Black# Lot# Address Ofproperty: 3A Address of Owner: y��� '�1J - r-S /Yt 1 G/1024b _/ft ao Name: 5 7-1- a.tl leap# Block# Lot# Address oflrQPerty. ST Address-of Owner:6,140 s 2 1 ,�. . 67- Name: .orT/ S ��% � Map# �/ Block# ._ Lot# { Address of property : am.u �s ZVI Address ofOwner: 22� h 4 S d2k /03`---f?',-76P Name: ''11 Au C c-S % 13 o c e L Map- /3 Black# Lot# - Address ofpropaq: 21 .L�� .1 ��) 630 D,�? Address of Owner: /Y� 0.34 _lyv Name: So 0� C d Map# Block* Lot# Address of property : VAVAt,LZsT f S Q 0 a Address of Owner: g 0 T� 5 �21`�4/0 d - - i i game:�1 ��/ o W-T—_7-,.f. 5.e MaP# Block# Lot# :Address of pl apezty. � G/ � �T � � -. Gf 1)?,4. 610 3 a Address of Owner: o X I ��of _ .�. IS ln, 4/a +l ABUTTERS Name : #/ 0 .S T Map# Block#^2 Lot#/S . Address ofproperty: 6.3 SST f -LS o Address of OW!]er. / �� r r r /j�I.q- of°.? D Name: d Map# Block# Lot# _ Address of property :o� CAC-'.S i � .r�r l� ./ �c's W l} 416,36 3 Address of Owner: c22 Sr- Name: / «'1J � /� map f f Block# /� Lot# Address of property Address of Owner: • Sys� • Name: Lf V64 Map# Block# Lot# ,-5 r `� l 202- Address ofproperty: Address of Owner:/�IM42— 7ZM6 6�K,3 ak-ib� �S In IV /IF 63 dY Name: dA Map# 7/3 Block# f Lot Address of property: 8sf , s>1iE41)-ZkO f��X 1N f 0l10 3 a Address of Owner: (.'�f�'�f �f S� /�Ae-,—rD PO ;rra 5�� Name: fc,� / :�1.t.S i � Block# �d` t# -Map# � Lo Address of property: Address of Owner: CP AL�✓b1 L9 ,-N � ED x;,. C, A)/-q 'L)2 o AM-MS Name : &:r-44e 07 S!Oow S Map# /3 Block# Lot#f Address of property ay-1-YbIn A Address of Owner:c�-.S Name: l� dZ /C M p# Block#:_. Lot# Address of property: Address'of Owners Ir Map# Block# Lot# Address of property : Address of Owner: & C4z— r Name l k w Map#...�T�a Block# Lot# ,r Address ofp-aperty: �. /�� rI��1'r�� i� _ i4-f�' Address of Owner: )log/, Name: Map# Block# Lot# Address of property Address of Owner: Name: Map# Block# Lot# .Address ofproper-ty: Address of Ovmer: b0 K 44 N139 `n-E3- 62 MASSACHUSETTS WARRANTY DEED INDIVID UAL (I..ONL4 FORM) 872 K � I, DIANE M. BUSIERE of 12 Letendre:Avenue; Agawam Hampden County,MassachuseM being unmmried, grants to DIANE M. BUSIERE and ASENATH M. BUSIERE, both of 12 Letendre Avenue, Agawam, Massachusetts, as joint tenant and not as tenants in common wi warrantyrovruaut tb,�dc�c {Description and eacumbmnces, if any] Two certain parcels of real estate situate in AGAWAM, Hampden County, Massachusetts, shown on a plan entitled "Plan of Land in Agawam, Massachusetts, Owner Taffy and Jennie Marieb: recorded in Hampden County Registry of Deeds in Book of Plans 96, Page 127, being more particularly bounded and described in one parcel as follows: Beginning at an iron pin in the Westerly line of Letendre Avenue distant Eighty Three and 39/100 (83.39) feet northerly along the westerly line of Letendre Avenue from the intersection of the northerly line of Springfield Street with the.westerly line of Letendre Avenue and running thence NORTH 2(P 31' West, by Letendre Avenue, Forty and 09/100 (40.09) feet to an iron pin; thence continuing NORTH 2( 31' West, by said Letendre Avenue, Forty Nine and 69/100 (49.69) feet to an iron pin; thence SOUTH 690 44' West, by land now or formerly of Ernest Bouley, Thirty Four and 53/100 (34.53) feet to an iron pin; thence SOUTH Uhl' East, by land now or formerly of Ernest Bouley, Fifty and 60/100 (50.60) feet to an iron pin at a corner; thence SOUTH 68015' West, by said land now or formerly of Bouley, Thirty (30) feet to an iron pin at a corner; thence SOUTH 240 33' 45" East, by land formerly of Frederick G. Marieb et ux being parcel 3 in deed recorded in said Registry of Deeds in Book 3560, Page 217, Forty One and 40/100 (41.40) feet to an iron pin; thence NORTH 68015' East, by land formerly of Frederick G. Marieb et ux, Sixty Four and 06/100 (64.06) feet to the iron pin at the point of beginning. SUBJECT TO sewer order by Town of Agawam under instrument dated October 3, 1955, recorded in the Hampden County Registry of Deeds in Book 2421. Page 198, to the extent that the same is applicable. SUBJECT TO rights of Western Massachusetts Electric Company and New England Telephone and Telegraph Company to the extent that any are in force and applicable. Being the same premises conveyed to the grantor herein by deed of Donald L. Gove dated September 1, 1978, and recorded in the Hampden County Registry of Deeds in Book 4653, Page 64. There is no monetary consideration for this deed. (*Individual—Joint Tenants—Tenants in Common—Tenants by the Entirety.) I#nPfo ......MY............. hand and seal this .............AJ.........day of ........ ................... 1979 r I � ''�` Mane ."BUMFe' w. 131P ( 1li1lf lltllltlli na4 at 0"Mr4mug Hampden SS. January, 31 3-979 Then personally appeared the above named DIANE M. BUSIERE and acknowledged the foregoing instrument to be ...her free act and deed, before me t" ... RECEIVED � .... ....... ; . .... ........... . ..... ....... ..................... Notary Public-- ee.etAbl aee- MAP l3 1979 my commission Expires ....SeptemJer-17....................... 19 82 AT !IU f A AIAND REO'D FROM THE ORIGINAL [THE FOLLOWING IS NOT PART OF THB DBE!?.AM IS NOT TO 1W BBMRDM.) CHAPM 183 SEC. 6 AS 1MNDED BY CHAPM 497 OF 1969 Every deed presented for record shall contain or have endorsed upon it the full name, residence and post office address of the grantee and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor,if not delivered for a specific monetary sum. The full consideration shall mean the total price for the coavey'a=without deduction for any liens or en- cumbrances assumed by the grantee or re!xi d thereon. Aft such eadorsenrerrts and recitals shall be recorded as part of the deed. . • -• • 1 .. rr_�,L_..-l"J. ... .,F—. J—A T4T-..d,,7.4—nt droll yrrpr+t a rIPM fr►r remMinD i?nle,S it MASSACHUSETTS Warrant# Wth (INDIVIDUAL) DIANE M. BUSIERE TO -4419 ?m.A- 62 DIANE M. BUSIERE and ASENATH M. BUSIERE . ............. .. ............... ....................... 19.A. at....../J,...Vdock and.....04—minutes...p.......mL Received and entered with........................................... ....... ...................Deeds U') Book... CC) ........ .Page........................... Attest: C) . ........... ...... Registsr 0 4V FROM THE OFFICE OF U) Lam? N Michael E. O'Connell , Esq. 68 Court Street Westfield, Massachusetts, 01085 L0 ea 04-- CO w 2E tD RETURN TO I4OSa5 Ot WARREN. INC. PUSLIP)MRS JM6_NpAvt)LzeAL Pomme BOSTON - MASS. Farm 672 REVISED CHASYrXR 4*7- 2969 , -91"4tV6 BOARD OF APPEALS PUBLIC MEETING August 14, 2006 The following members attended the public meeting: Doreen Prouty, Chairperson Fred Harpin,Vice Chairperson c N Joseph Conte, Clerk n n z Barbara Brizzolari, Secretary nr �rn 1. Appeal of Diane Busiere. Case# 1755 a The Agawam Zoning Board of Appeals held a public hearing on August 14, 2006 at.6:30 P.II at n c the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, r all cLn parties interested in the appeal of Diane Busiere, who is seeking a Special Permit in accordarme with Section 180-7, Paragraph A&B of the Zoning Ordinances, which would allow for the construction of an addition to a non-conforming residential structure with less than the required side yard at the premises identified as 12 Letendre Avenue The Chairperson opened the public hearing at 6:35 P.M. She read the legal notice and explained the procedure to be followed. Ms. Prouty then introduced the members of the Board. The members sitting on this case are: Doreen Prouty, Fred Harpin, Joseph Conte. The petitioner stated the reason for the petition. She closed in an old porch and would like to extend it out by an area of 3'x6' for a closet. Ms. Busiere has her mother living with her and this extra closet space would be advantageous for her. This area is not being extended out any further in the front, and the side, of what already exists of the house. z - Chairperson Prouty read into the record the letter from Safety Officer Sgt. Richard Niles,dated June 22, 2006. She asked if there were any questions from the Board members. There were none. Chairperson Prouty closed the public hearing at 6:47 P.M. and went immediately into a public meeting. She called for a vote on this Special Permit from the members sitting, the result which is as follows: Chairperson Doreen Prouty yea Vice Chairperson Fred Harpin yea Clerk Joseph Conte yea The Chairperson explained the twenty(20) day appeal process. The Chairperson made a motion and it was seconded by member Harpin to close the hearing at 6:52 P.M. All were in favor, none opposed. 2. Appeal of. Michael B'Shara Case# 1756 The Agawam Zoning Board of Appeals held a public hearing on August 14, 2006, at 7:00 P.M. at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Michael B'Shara, who is seeking to amend a previous Zoning Board of Appeals decision(Case#996),which would allow for parking in front of Michael's Ristorante which is located at the premises identified as 395 River Road. The Chairperson opened the public hearing at 7:00 P.M. She read the legal notice and explained the procedure to be followed. Ms. Prouty then introduced the members of the Board. The members sitting on this case are: Doreen Prouty, Fred Harpin, Joseph Conte. Attorney Frank Caruso, attorney for the petitioner, and Melissa B'Shara,petitioner were in attendance. Mr. Caruso explained that his client is asking for relief from Case#996, item #9 k "A was dated back in 1982 when Mr. Lombardi owned the property. This item prohibited Page 2 August l4, 2006 .any parting in the front of the building. In 1982 he explained the property was a very different establishment, with late night drinking and noise. The petitioner did receive letters from the ,Board regarding the parking situation. Attorney Caruso explained that the petitioner has put up no parking barriers, twice, and they have been destroyed by vandalism. Mr.. Caruso said that if parking was allowed in the front of the building, it would be safer for the neighbor's be there would less parking on the side streets. He also said it would not be an adverse safety issue because the way the new parking spaces would be configured, cars would not be backing out directly onto River Road.. He also suggested that they would limit the parking to employees only, therefore there would be minimal parking activity there. He feels that the B'Shara's have been good neighbors and Have done all that the Board and/or neighbors have requested of them. Chairperson Prouty, spoke with Nick Urbinati, Inspector of Buildings, and he said backing out onto a State road is not allowed. Member Conte said he parked in front of the building the other day and there were four(4)cars parked there. He said that he could not back up,without hitting the State road. Mr. Conte also stated that in 1982, when the establishment was called the Green Gables, it was a restaurant and bar back then, as it is today. The Board granted increased seating at.the bar. The petitioner is now asking to make a nonconforming use in a residential area, even more non conforming. Chairperson Prouty read the letter from Safety Officer Sgt. Richard Niles, dated June 22, 2006 into the record. Ms. Prouty opened up the hearing to the public. Abutter Edward and Jean Landry of 24 Campbell Drive, Agawam,were in attendance. Mr. Landry asked if the parking was prohibited in the first place, why are they parking there. He also stated, that when taking a left out of Campbell Drive, to get to the cross walk, which allows you to cross the street to get to the bike path, you have to walk in front of the restaurant, where these cars are parked. When looking at the restaurant,the crosswalk is to the right of the building, so anyone trying to get to the crosswalk would have to walk behind these parked cars. He also asked how could the petitioner possibly enforce"employee parking only" in this area. Jean Landry stated that there have been accidents on Campbell Drive,because people pulling out of Campbell Drive, cannot see beyond the cars parked in front of the restaurant. Sbe also stated, that even though it is difficult to tell the difference, there is a sidewalk that runs in front of the restaurant, which people would.be using, and also brought up the point about backing out onto a State road. Attorney Caruso said that the Police do not have any record of any recent accidents there. With the "employee parking only" they would have more control of the traffic flow. Mrs. Landry said the parking in the back of the restaurant is agricultural and the abutters gave _ this up so parking could be allowed. What was originally a smaller establishment,just keeps evolving into something larger. Member Conte again stated that the petitioner was asking to add to a non-conforming use. Member Prouty said that maybe all the members should make a site visit and park in front of the building to see if you can see beyond the cars,if coming out of 000021 Campbell Drive. Chairperson Prouty made a motion and it was seconded by member Harpin to r schedule a site visit. All were in favor, none opposed. It was agreed upon by all that were present that the site visit would be on Friday, August 18, 2006 at 9:00 A.M. Page 3 August 14, 2006 Chairperson Prouty made a motion and it was seconded by member Harpin to reschedule this case.for 6:00 P.M. on August 28, 2006. All were in favor, none opposed. Chairperson Prouty, made a motion to close the hearing and it was seconded by member Harpin at 7:38 P.M. All C_� were in favor, none opposed. v 3. Appeal of. Elizabeth Petrucci- Case# 1757 The Agawam Zoning Board of Appeals held a public hearing on August 14, 2006 at 7:30 P.M.,,at the Library Conference Room, Agawam Public Library, 750 Cooper Street,Agawam, MA, for all parties interested in the appeal of Diane Busiere, who is seeking a Special Permit in accordance with section 180-71, Paragraph H of the Zoning Ordinances, which would allow for the construction of an addition on a dwelling found to lie within the flood plain at the premises identified as 91 Channell Drive. The Chairperson opened the public hearing at 7:42 P.M. She read the legal notice and explained the procedure to be followed. Ms. Prouty then introduced the members of the Board. The members sitting on this case are: Doreen Prouty, Fred Harpin, Joseph Conte: Petitioner Elizabeth Petrucci, is requesting to add onto her house by constructing a bedroom, bathroom,living room, mud room and deck. This would accommodate her sister, who is now living with her, who has multiple sclerosis. Member Harpin stated that the property is in flood zone A and the petitioner must apply with the Conservation Commission and file for an Order of Determination. Per the plans that were submitted to the Board it stated that in the 100 year flood plain the lowest floor elevation must be 58.0' or above. This plan shows the top of the foundation to be at 59.40'. Therefore acceptable. These plans were signed by all 3 members sitting on this case. Chairperson Prouty stated that when the structure was completed, the land surveyor, R.A. Foresi Associates,would need to go back out and submit a plan to the Inspector of Buildings that the addition was actually constructed at the level stated. Abutter, Francis Carmel, 72 Channell Drive, Agawam, expressed his support for this petition. Chairperson Prouty asked if there were any questions from the Board members. There were none. Chairperson Prouty closed the public hearing at 6:52 P.M. and went immediately into a public meeting. She called for a vote on this Special Permit from the members sitting, the result which is as follows: Chairperson Doreen Prouty yea Vice Chairperson Fred Harpin yea Clerk Joseph Conte yea The Chairperson explained the twenty(20) day appeal process. The Chairperson made a motion and it was seconded by member Harpin to close the hearing at 7:53 P.M. All were in favor, none opposed. J TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MA 01001 til, t� DECISION OF BOARD OF APPEALS MP o ATED Petition of. Diane Busiere �= rr: Premises affected: 12 Letendre Avenue _ Date: August Case#: 1755 The Agawam Board of Appeals conducted a public hearing and meeting on August 14,2009, at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Diane Busiere, who is seeking a Special Permit in accordance with Sections 180-7, Paragraphs A&B of the Zoning Ordinances, which would allow for the construction of an addition to a non-conforming residential structure with less than the required side yard at the premises identified as 12 Letendre Avenue. After the public hearings, and after a thorough review of the facts presented, the Agawam Board of Appeals made the following findings: l. The subject property is located in an area of Town zone Business A. 2. The petitioner wishes to construct a three by six (3'x6') addition to the existing enclosed porch.. 3. Section 180-46 states: "a building devoted in whole or in part to residence .... shall comply with the requirements prescribed for Residence B districts". 4. Section 180-33 (A) states: "No part of any building or other structure shall be erected or altered so as to be nearer to the street line of any street on which it faces than the nearest building on either side thereof facing on the same street and within the same block and zoning district,but in no case need the required setback be greater than thirty(34') feet." 5. The existing structure has a front setback of twenty one (21') feet in its least dimension. 6. Section 180-34 (A) states that for a building of two(2) stories, the side yard shall be not less than fifteen(15') feet in its least dimension. 7. The existing structure has a side yard of five (5') feet in its least dimension. 8. There will be no greater an enchroachment than that which already exists. 9. Section 180-2 (B2) states that a non-conforming structure may be altered or enlarged in that use,but only after the granting of a Special Permit by the Board of Appeals. 10. There was no opposition expressed at the public hearing nor received in writing by this Board. 11. The site is an appropriate location for such a use. 12. The use, as developed, will not adversely affect the health, safety or property values of the neighborhood. 13. There will be no nuisance or potential hazard to vehicle or pedestrian safety. 1 DECISION(p.2) Diane Busiere Case # 1755 r 14. The proposed use is not considered so objectionable or obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood. Based on its findings, the Board is of the opinion that it is within the authority of the Board of Appeals to grant a Special Permit as stated under Section 180-7,Paragraphs A&B of the Zoning Ordinances. Now,therefore,by a unanimous vote of its three members,the Zoning Board of Appeals hereby grants the petitioner a Special Permit to allow for construction of an addition to a residential dwelling with the following conditions: 1. The proposed addition shall be built according to the plan entitled"Diane Busiere, 12 Letendre Avenue, Agawam, contractor R.H. and Sons Const." and signed by the members of this Board. 2. This Special Permit is for relief from the side yard and front setback requirements only. 3. All other zoning and building requirements will be met. 4. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special Permit"form, which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. 5. This Special Permit shall become null and void if construction does not commence within two (2)years from the date of this decision. Doreen Prouty c� f�b Fred Harpi os me 1 o - 4M n c_ 9 C>* G7 ]:.z c^ 3� 3 � X yC ;� rr Town of Aga' w.am '` 36 Main Street Agawam, Massachusetts 01001-1837 � h C' ~ �1 Tel. 413-786-0400 Fax 413-786-9927 ti MP � PLANNING BOARD '7 rn November 22, 2004 Chester Paul & Donna M. Bys 54 Avalon Place Feeding Hills, MA 01030 Dear Mr. &Mrs. Bys: At its meeting held on November 18, 2004, the Agawam Planning Board voted to require you to submit a revised grading plan, prepared by a professional engineer,to the Agawam Engineering Department for review. The plan you submit should ensure that drainage be controlled and consider the existing buffer restriction. If a plan is submitted that does not preserve the integrity of the buffer, an agreement must be reached with the abutting property owners. Sincerely, 1sS/1 Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD DBH:pre . cc: Attorney Mark Beglane Building Ins ector Engineerin Town Cler File . ysJ . Gl`f�str .� H d Town:-of Agawam lip 36 Main Street Agawam,Massachusetts 01001-1837 Tel. 413 786-0400 Fax 413-786-9927 ATEO Ma . PLANNING BOARD October 29,2004 . ry rr Chester Paul&Donna M. Bys 54 Avalon Place Feeding Hills,MA 01030 Dear Mr. &Mrs. Bys: The Planning Board received the attached correspondence from the Engineering Department. . Please be advised that a new grading plan will need to be approved for your lot. The Planning Board will be holding a public hearing on,the violation of the grading plan on your property on Thursday,November.18, 2004 . You attendance is required. Sincerely, Dennis B. Hopkins, Chairman AGAWAM PLANNINGBOARD DBH:pre cc: Building Inspector Engineerzn Town Cl File certified mail #7003 0500 0002 1130 9191 TORWOFAGAWAM. . . ' ' .. . INTEROFFICE MEMORANDUM ' To: Planning Board, Building Dept. CC: File; John P. Stone,DPW Supt. From: Engineering Division Date: Octobei 15,2004 Subject: . 54 Avalon Place - Grading-Lot 4- Camlann Wood Recently, the Engineering Division received a complaint regarding the grading of Lot 4 in the Camlann Wood Subdivision (#54 Avalon Place). ..Thi.s is the same lot that had encroached on the buffer strip by installing a retaining wall (sea memo dated August 5, 2004). During today's site visit,it was noted that approximately 3 feet of fill had been-brought in and an in- ground pool was installed. Although.the finished grading has not been completed;the new grades are not even close to what is shown on the Definitive Plan(see attached). The Definitive Plan calls for the back yard to drop off significantly and to meet pre-construction elevations well within the property: The attached pictures show that the back yard actually goes up in relation to the side and. front yards. Also, due to increase in elevation, there will now need to be steep drop offs close to adjacent property lines. If you have any comments or questions, please do not hesitate to contact our division. S' rely, Sincere , Ge anne J. Ho I= Michael C. Chase, E.I.T. ' Te a Engineer Assistant Town Engineer A H:1ENGNF-ER�SUBDW\CaWannlrnemosleaml_46 Fading-Lot 4-#54.wPF ''. '•.�, • s At