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F /L:7 �•�%�la�r/s�J -r Town of Agawam ` 36 Main Street Agawam, Massachusetts 01001-1837 z � Mp Tel. 413-786-0400 Fax 413-786-9927 f' June 19, 2006 Matt Falkowski Falcor Homes Inc. 373 Springfield Street Agawam, MA 01001 Dear Mr. Falkowski: At its meeting held on June 15, 2006, the,Agawam Planning Board reviewed the revised plan for the Agawam Auto Mall dated November 2005, revised April 13, 2006. Two items listed in the Planning Board's approval letter dated April 7, 2006 and the Town Engineer's memo dated April 6, 2006 had not been completed to the satisfaction of the Board. The Board requests that you submit a detailed landscaping plan for the Board's review. Sample landscaping plans can.be reviewed in the Planning Office. The Board also requests that a detail of the proposed sign to be placed at the head of the handicapped stall be provided as requested in item#3 of the Town Engineer's comments. Your color and material sample board can be picked up at the Planning Office. If you have any questions,please contact the Planning Office at 786-0400, extension 293. Sincerely, Dennis.B. Hopkins, Chairman Agawam Planning Board cc: Clerk Building Engineering File Town of Agawam ' 36 Main Street Agawam, Massachusetts 01001-1837 QED�P Tel. 413-786-0400 Fax 413-786-9927 April 7, 2006 N Matt Falkowski Falcor Homes, Inc. 373 Springfield Street Agawam, MA 01001 Dear Mr. Falkowski: At its duly called meeting held on April 6, 2006,the Agawam Planning Board voted to approve the Site Plan entitled: "Site Plan for Property in Agawam, MA, Agawam Auto Mall, 825 Springfield Street, Feeding Hills,MA"prepared by Anderson Associates and dated November,2005 and revised April 4, 2006 with the following conditions: 1. No outside dumpster has been-approved at this time. If in the future an outside dumpster is needed, a plan showing the dumpster with screening must be submitted to the Board for its approval. 2. The comments contained in the memo prepared by the Agawam Engineering Department and dated April 6, 2006 must be addressed. 3. An elevation,rendering and/or picture of the proposed facade shall be submitted to the Planning Board for its review and approval. Textures and colors shall be indicated. 4. The existing planter shall be indicated to be removed and replaced and the size of all proposed plantings shall be shown on the plan. 5. All exterior lighting must be shielded so as not to shine on adjacent properties. 6. 'The height on the new fence around the perimeter of the building is to be shown on the plan. Three copies of a revised plan addressing the conditions listed above must be submitted to the Planning Office for its signatures. If you have any questions, please do not hesitate to contact the Planning Office at 786-0400, extension 283. Sincerely, Dennis B. Hopkins, Chairman Agawam Planning Board cc: Clerk Anderson Assoc. Building Engineering File Ur AG TOWN OF AUAWAM Department of Public Works 36 Main Street • Agawam MA 01001 Tel (413) 786-0400 - Fax (413) 786-9927 QRATED N1 . John P. Stone—Superintendent MEMORANDUM 1 To: Planning Board From: Engineering CC: Ron Huot—Anderson Associates Date: April 6, 2006 Subject: SP 481 — 825 Springfield Street---Agawam Auto Mall The site plan submittal titled "Site PIan—Agawam Auto Mail—825 Springfield Street"has been reviewed. Upon further consideration we made the following additional comments: Please disregard the previous memo dated, 4/6/06. 1. The customer parking stalls are required to conform to the Town standard of 9'wide by 18.5' long. 2. Please show the widths and radii of the curb cuts on the plan. 3. Please show a sign at the head of the handicapped stall that conforms to AAB 521 CMR 23.6.; please include the sign detail on the plan. Sincerely, JW Decker, E.I.T. org J. Hoym 4P.E.. �( Civil Engineer I own E� 'neer , s:lsp%48T 825 springfield street-agawam auto-maMmemo 3_doc BOARD OF APPEALS PUBLIC MEETING December 18,2006 The following members attended the public meeting: 0 Doreen Prouty, Chairperson �+ - � nt Fred Harpin, Vice Chairperson a Joseph Conte, Clerk F Gary Suffriti-Alternate Beq Manchino-Secretary - cs � -� 1.Nextel Communication - Case#1761 c- 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 WMECO 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. 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 Prouty made the motion to accept the settlement agreement Conte seconded,and Suffxiti voted unanimously. 5. Minutes of December 11, 2006 were approved. 6. Harpin motion to adjourn at 7:35, Prouty seconded. `OWN OFAGAWANI r�!/Dl�j �/� !� A 36 MAIN STREET AGAWAM, .IYIA 01001 BOARD OF APPEALS Case # -7 0q, - 7: a c: Filed Q�0 cr, c-- Hearing_ Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and other By-laws. Applicant r�hc�E t LOPuMA r fA-LLCotl Address 5 VAar�ch[5 . Sr a JA Application is hereby made for SPE'CL4L PERMIT as provided by Section Paragraph $ of the By-law. Premises affected are situated on Nbrt4 ( 957' Street; 44181 feet distant from the corner of Nori-� 5[- Cx-4, Street and known as street number `��' Property is zoned as A -2- _ _ ._ _��!4 1 5 lP.J Yh.1 1 �t?�` Cx\ ��.VG.� 41h•Cj r' - YU rJ4 n�ti- r-..� �z C: a,c�, lly ' „ R-%A C.105Q V 0- Q a� W'Sivl-� �.?0 L LL e-C>A b k L'M ✓L l L, (✓t6-V iGf V%4-C, (4'C �.�1 Gi y 1 �i Ct,.TQp t ,L, � ..� Lta112-A S /( Signature of owner a his authorized agent !`NOTICE: THIS APPLICATION MUST BE F7LLE.b OUT IN INN OR TYPEWRITTEN C�l C- « Bk 15310 P9444 #7li34dP` 'rt 09-06-2005 i! 03 t 36FA � . ' CO -O WARRANTYDEED N %D KNOW ALL MEN BY THESE PRESENTS,That We,Joseph J.Grimaldi of Maple St., Agawam,Hampden County,Massaehusetts and Diane M. Grimaldi, fWa Diane M. Prentice,of 747 North West Street,Agawam,Hampden County,Massachusetts and Elizabeth M. Grimaldi,of Maple St.,Agawam,Hampden County,Massachusetts IN CONSIDERATION OF: TWO HUNDRED FORTY-THREE THOUSAND AND App.40b 001100 ( DOLLARS HEREBY GRANT Tt 5.P e FallorLaura F. Fallan,as pq both of 51 Vadnais St.,Agawam,MA 01001 r� � With Warranty Covenants The Land in Agawam,Hampden County,Massachusetts with the buildings located thereon,bounded and described as follows: SEE EXHIBIT"A"ATTACHED HERETO AND INCORPORATED HEREIN Executed as a sealed instrument this cq-S 14'-_ day of August,2005. 0 f+i Grimaldi Diane M, Grunaldi,flea Diane M. Zo Prentice H W 5W 1 ` U 1 4"M mat � � W Bk 15310 Pq 445 #76340 o fn COMMONWEALTH OF MASSACHUSETTS CP 3 HAMPDEN: ss. August c;? ,2005 t;? On this pP!57 day of August,2005,before me,the undersigned notary public, personally appeared the above-named Joseph J. Grimaldi and proved to me through satisfactory evidence of identification,which was a driver's license to be the person whose name is signed on the foregoing document,and acknowledged to me that he signed it voluntarily and for its stated purpose. NOWT pwft W 0 0 F W Nrn�JAW 21,7Dt1 ` Notary Public COMMONWEALTH OF MASSACHUSETTS HAMPDEN. ss. August �.to ,2005 On this �L day of August,2005,before me,the undersigned notary public, personally appeared the above-named Elizabeth M. Grimaldi and proved to me through satisfactory evidence of identification,which was a driver's license to be the person whose name is signed on the foregoing document,and acknowledged to me that she signed it voluntarily and for its stated purpose. A OR U4iNtE A,w�tns Mio�trn�,wn.aoll Notary Public COMMONWEALTH OF MASSACHUSETTS HAMPDEN. ss. August a6 2005 On this D 5�t day of August,2005,before me,the undersigned notary public, personally appeared the above-named Diane M.Grimaldi fka Diane M.Prentice and proved to me through satisfactory evidence of identification,which was a driver's license Bk 15310 Pg 446 #76340 y to be the person whose name is signed on the foregoing document,and acknowledged to me that she signed it voluntarily and for its stated purpose. Notary Public { QED F a T"A.9 CWU HdW P" Oowrr I a! JDMW y�p� i f ; 4 a a i i s 1 a a • Bk 15310 Pg 447 #76340 EXHIBIT"A" EASTERLY by West Street,about fifty(50)rods; NORTHERLY by land now or formerly of Kerr Brothers,about one hundred(100) rods; WESTERLY by land now or formerly of the City of Springfield,about fifty(50) rods;and SOLY THERLY by land now or formerly of said Kerr Brothers,about one hundred (100)rods; EXCEPTING from the above described premises so much as way conveyed by deed of Samuel H.Roberts to the City of Springfield by deed dated September 19, 1912 and recorded in Hampden County Registry of Deeds in Book 844,Page 419,and lots#1 (one) through#4(four) inclusive, all as shown on the plan recorded in said Registry of Deeds in Book of Plans 117,Page 129,under deeds recorded as aforesaid in Book 3438,Page 293,Book 3485,Page 334,and Book 3565,Page 5. ALSO EXCEPTING herefrom,a certain parcel of land as shown on a plan recorded as aforesaid in Book of Plans 136,Page 97,said parcel of land more particularly bounded and described as follows: EASTERLY by West Street,also referred to as North West Street,by an irregular line,one hundred twenty-eight and 11/100(128.11)feet; NORTHERLY by land now or formerly of Crane,three hundred one(301)feet; WESTERLY by a portion of the premises hereinabove described,one hundred forty-nine and 34I100(149.34)feet; SOUTHERLY by last named land,by an irregular line,two hundred forty-eight and 37/100(248.37) feet. SUBJECT TO easements,rights of way and restrictions of record,if any in force and applicable. SUBJECT TO Agricultural Restriction and a Right of First Refusal to the Commonwealth of Massachusetts acting through the Commissioner of Food and Agriculture dated July 15, 1985,as recorded in Hampden County Registry of Deeds in Book 5960, Page 100 and Book 5960,Page 109,respectively. BEING the same premises as conveyed to the Grantors herein by deed of Geraldine M. Johnson dated October 20, 1986 and recorded in Hampden County Registry of Deeds in Book 6261,Page SOU. ' COUNTYSTER AF6ISF8 p�F i i y 1 WE :3 p Vi AT TESL. I REGISTER I I I I FA Town of Agawam Assessor's Office 1` R 36 Main Street, Agawam, Massachusetts 01001-1837 0A� Tel. 413 - 786-0400 x 205 Fax 413 - 786-9927 Email: assessor@agawam.ma.us October 20, 2006 Mr. &Mrs. S. Page Fallon 51 Vadnais St. Agawam, MA 01001 Dear Mr. &Mrs. Fallon: RE: Abutters List for 747 North West St.,Feeding Hills (C15-1-5) The attached abutters Iist for the above-named property has been certified with 20 abutters. If you have any questions,please call. Sincerely, �r ester J. S' ora, Jr., MRA, AA, GRI Acting Assessor CJN/jsg Attachment Page Of F Tow.n of Agawam *i Vf 36 Maine Sheet __ Agawam;-Massachusetts 010014837 TeL 413-786-0400 ' Fax..413-78G-992.7.. DATE: CERTMCA.TION OF ABUTTERS LIST PROPERTY LOCATION: 75/ 7 Na r/A k MAP # ��S� BLOCK# LOT# S CONTACT PERSON NAME: CONTACT PERSON-ADDRESS t ✓ - ��r� r CONTACT PERSON -PHONE NUMBER AEUTTERS Name: �� ✓ ZL". 2�, Ma el Buck# 2 Lot#_ Address of property: '7 Address of Owner: Box, Z 7 �fS . Name: �� _ Map# 61 Block# Z- Lot# � Address of Property: Address of Owner. Page of* ABUT TES Name : L-L v r Map# Block# Z Lo-t# '7. [ Address of property �JJd � Wes- Fezd,,n 2 ` dj Address of Owner: .54-;1 Name: 4 4,k J:L y map# Block# 1 Lot# �. fJ r Address of property : W7` # S Address of Owner: Name: C ucr� err. Ma A, Bloc# Lot# Address of property : v Address of Owner: Name: r1 e.S e� S s j f ' Map# C'_1 S Block#_ l Lot# Address of property: 21 /�a�t T GG�i,-z rCIS Address of Owner: . .. 4-At e— r ,/ Name Map# lit Block#—Lw Lot# Address of property 7 / Na kP� Address of Owner. Name: E f C u-- rise/ Obi -{, Map# G/S� Block# Z Lot# Address of property: � �t - _ �4+4 Address of Ovmer-. Page -3 ._ of--�- ABUTI°ERS Name : t / 'vS d. Map# Block# Zz- Lot# -_ - - ,I Address ofproperty Address of Owner: Name: Sjj Qr Lt M Map# 1 Block# Lot# Address of property : /�G r 44, W4 ^ dI- ,. S Address of Owner: P. b • 6uX_ �` vC �=� ,, �z � {//01 Name: / P� E'�t1 (� Bl -� _ .- � - .. Map# ack# t Lam. J Address of property ; �7 L7 e Pdi Address of Ovrmer: LU G Name: S eJenj g-. �d Map# C� Block# Lot#__ _,__ Address ofproperty: Address of Owmr: Name: 'i�e��S r`� c7 9� Map# 61 Block#Z_Lot# Address of property : Address of Owner: act o Name: - K o Map# CI S Block# Z Lot# Address of property: ? ( f s- Address of Owner: �"4e- Page of AB=RS • Name : r60�aLLr Ma p# C I S Block# Z Lot# _ Address of property: ,Address of Owner: -5, Name: -r )01&-'C- Map# Block# _Lot# - Address of proper y • `� �l�o✓ wea- t -' -I r�11- _ Address of Owner: cSx-�e- Name: e 9 114 � Map# Block# Lot# Address of property : o '/-f Address ofOwxyer: _ _ Srll•�- _ — -- - ----- � - - -- Name: _ ��r6�l � !�`o f�- �T• � - Map# �� Block# Lot# Address of property: 35-' w6 r�4 W e-8 �- S 4; ! Address of Owner: Name: et4,� � u-. Map# Block#€ Lot# Z- Address of property : Sr �rf�'? 2ii Address of Owner. Name: &I'aAg r �-� �9� Map# Block#_ Lot# Address of property: A14 Address of Owner: C�wLf� D.L. BEAN, INC. J�l?� I I�G TAW Jf l d !i'rs Land Consultarita MEVVIEQ 07 U p e MMMMIL Forly School Street , WESTFIELD, MASSACHUSEiTS D1085 DATE Jo$No. (413) 562-7566 June 23, 2008 FAX (413) 562-2091 ATrEN noN Mike Chase Town Engineer TO RE: Agawam Engineering Department "Farmington Heights" 1000 Suffield Street definitive subdivision 627 North Westfield Street for Agawam, MA 01001 Ralph DePalma WE ARE SENDING YOU M Attached ❑ Under separate cover via the following items: > ❑ Shop drawings iR Prints ❑ Plans ❑ Samples M Specifications ❑ Copy of letter ❑ Change order M Applications - calculations, etc. COPIES DATE NO. DESCRIPTION 1 6-23-08 4 Stormwater Permit Application 1 6-23-08 139 Definitive Application - Operation/Maintenance - Drainage Design etc 1 6-20-08 10 "Farmington Heights" — Definitive Plans with Erosion Control vlan 1 6-23-08 1 Application Fee - 700 D.L. Bean Inc. check THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints 13 For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Mike: As suggested during Preliminary review, we have addressed these_ important concerns with these plans. There are two detention basins proposed to maintain existing drainage conditions to the sepexate drainage basins. We have incorporated the new Rt. 187 layout & storm collection in these plans. We have revised our street grades at the Oriole Dr. area to meet re aulation and to allow the sanitary sewer to collect 12 lots into the transition manhole in North Westfield St. We have shown underdrains in the proposed street. We would appreciate reviewin this layout and design with you at your convenience. Thank you, Sincer COPY TO Agawam Planning Board - letter only Ralph DePalma SIGNED: If enclosurvw are not as noted,kindly notify us st onc& David L. Bean, President 'own of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-,786-0400 Fax 413-786-9927 � 0 PLANNING BOARD © r �[ 3 D C. April 9, 2008 Anthony Fazio Wild Turkey Development LLC P.O. Box 245 Agawam, MA 01001 Dear Mr. Fazio: The Agawam Planning Board had previously extended the Performance Agreement for the Wild Turkey Estates subdivision to May 1, 2008. Please be advised that the Board will be discussing the status of the remaining work items at their April 17"meeting at which your attendance is requested. Attached is a copy of a correspondence recently submitted to the Board from the owner of 108 Coyote Circle. If all work cannot be completed by May I st, a written request for an extension must be submitted to the Board. If you have any questions, please contact this office at 786-0400, extension 283. Sincerely, Travis Ward, Acting Chairman. AGAWAM PLANNING BOARD TWIDSD cc: Town Clerk United Cooperative Bank Engineering Building Dept. File April 5, 2008 Mr.Michael Chase Town Engineer Engineering Division,Town of Agawam 1000 Suffield Street Agawam,MA 01001 SUBJECT: Drainage and grading issues Wild Turkey Estates,Lot 29 Coyote Circle Dear Mr. Chase, As you may recall, my property was re-graded mid-November of last year by the developer per order of the Toum to resolve drainage issues. At that time I expressed concerns to both Engineering and the Planning Board that the seed would not take due to the lateness of application and that there was still work to be completed A small portion of the developer's bond was withheld until 1-May-2008 so that the developer had sufficient time to address these concerns. Spring is here and my yard is a mess. Not only did the seed not take, there are ruts where the top soil is eroded due to rain and snow melt There is a significant amount of work/re-work that needs to happen over the next few weeks before the developer should be able to get the bond released: 1. Dirt areas need to be raked and seeded adding new top soil to eroded areas. 2. Silt fence needs to be removed from back side of hump. Debris—clumps of grass, dirt and rocks—along the fence and property line needs to be cleaned up. 3. Tree belt still needs top soil added, raking and seeding per the Town's letter of 12-OCT- 2006. 4. Trees need to be straightened. Some of the trees that were planted in the buffer strip along the top of the hump were installed leaning to the side. I have enclosed pictures of these areas for your review. Again, I sincerely appreciate your help and attention to date but, it has been almost 4 years since I moved in and my property is still not finished. I would like to request that further action be taken by the Town to ensure the developer's timely resolution of the issues on my property. Please contact me within 7 days of the receipt of this letter to discuss these matters. Sincerely, Steven H.Lubarsky cc: Deborah Dachos,Director of Planning and Community Development Joel Castleman,Attorney at Law enc. 108 COYOTE CIRCLE FEEDING HILLS, MA 01030 (413)-786-2901 Town of A awam .... .. .... 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: Engineering Department FROM: Planning Board SUBJECT: 108 Coyote Circle- Correspondence DATE: April 9, 2008 The Planning Office is in receipt of the attached April 5tn correspondence from S. Lubarsky. Please make an inspection of this area and submit your findings to the Board for their April 17tn meeting at which time they will be discussing the status of the Wild Turkey Estates bond which expires on May 1, 2008. Thank you. DSD:prk 7 i c) //.O/V Town of Agawam +� 36 Main Street Agawam, Massachusetts 01001-1837 ' Tel. 413-786-0400 Fax 413-786-9927 M September 26, 2007 Anthony Fazio Wild Turkey Development LLC P.O. Box 245 Agawam, MA 01001 Dear Mr. Fazio: At its duly called meeting held on September 20, 2007, the Agawam Planning Board voted to approve a 45 day extension of the Performance Agreement for the Wild Turkey subdivision to November 15, 2007. Attached please find the most recent punchlist of the remaining work items. The Planning Board feels that it is reasonable that all work be completed by the November 151h date. If you have any questions, please contact the Planning Office at 786-0400, extension 283. Sincerely, Dennis B.Hopkins, Chairman c Agawam Planning Board N.) n3 �r- cc: Town Cle -� United Bank X;-c N N Engineering cn Building File Z 002/007 TOWN OF AGAWAM � INTEROFFICE MEMORANDUM . To: Planning Board CC: Building t Con. Comm_ f Tony Fazio I File From: Engineering Date: September 20, 2007 Subj ect: Wild Turkey Estates- Complaint&Final Punch List Pet your request dated September &, 2007, we have prepared a final punch list for the subject site as follows: 1. The developer, Tony Fazio is in the process of working with homeowners regarding the reconstruction and regarding of Lot 29 and hopes to have the work completed in the near future. Final work on this lot must conform to the directives issued in Engineering's memo to Planning dated October 12, 2005- Please note that this should include loaming & seeding the tree belt along the eastern property line of Lot 29. 2. There are three cement concrete sidewalks which have been installed through driveways within the subject site that do .not meet the Towns' specifications (incorrect cross slopes). These sidewalks must be removed and new sidewalks installed. The following houses are affected, #127, #144, and ##149 Coyote Circle. #76 Coyote Circle has a "starnped concrete" finish. This does not. meet Town specifications (incorrect wearing surface) and must also be removed and replaced. Engineering should be notified for an inspection of these sidewalks prior to installation, Due to the complexity of this item, Mr. Fazio has requested a meeting be scheduled with-the Planning Dept., Law Dept., Engineering, and the DPW. 3. Mow detention pond outlet swale. Mow swale on Lots ] &2.Engineering will inspect this swale after it has been mowed to ensure that tide grades have not changed since the grading of Lot 1 was performed, 4. The drainage easement on Lot 35 has been filled in. To remedy this situation, the developer should build up the downhill side of the drainage swale (a minimum. of 1 foot) to direct storm waters as per the approved grading plan.For this lot. , 5. Lot 9 is undeveloped. A lot bond in the amount of $4,500.00 (four thousand, five hundred dollars) should be held until completion. Lot 23 is presently under construction.This lot was sold to a different developer. The same bond arnount should be held for Lot 23 until final completion and subsequent inspection by Engineering. 6. The following Definitive Plan mylars should be submitted to Engineering reflecting as-built conditions- Sheet 5 of 12 Added Catch Basin and all connecting pipe between Lo 38&Lot 39. Sheet 10 of 12 DMH and all connecting pipe instead of the originally � roposed 12" PVC Flared End (inv. = 247.00) at end of Clover Hill Dive near corner of Peiffer property. Sheet I of 1 Revised Detention Basin. 7. Regarding the cul-de-sac, the developer had previously asked Engineering a substitute white rocks instead of the red brick chips. All other items regarding landscaping in a cul-de-sac have been constructed as per the planning Board's specifications on the plans. If you have any questions,please do not hesitate to contact our division. Sincerely, X Rick S. Seidnitzer Michael 4Chase"1E1T_.L_1_1' Civil Engineer I Interim Town Engineer K:\LLubdiv�wjIJ turkcy\mama6`cvrnri=ln,&Finni punch IiLmdac 1 2— A Town of Agawam , 01% 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 PLANNING BOARD cr• 3 ��x 7a C . Ln March 16, 2007 Anthony Fazio Wild Turkey Development LLC P.O. Box 245 Agawam, MA 01001 Dear Mr. Fazio: At its duly called meeting held on March 15, 2007, the Agawam Planning Board voted to extend .-. - thePerfonnance-Agreement�WildSurkey Estates-to-Octob. 1L .__Pleaselv.adyised that-_ the Board expects all work to be completed by that date. Attached is the most recent punch list prepared by the Engineering Department. If you have any questions,please contact this office at 786-0400, extension 283. Sincerely, Violet Baldwin, Acting Chairman AGAWAM PLANNING BOARD VB/DSD cc: Town Cler United Cooperative Bank Engineering Building Dept. File TOWN OF AGAWAM � INTEROFFICE MEMORANDUM n To: Plannim Board CC: Building/Con. Comm./Tony Fazio/File From: Engineering Date: March S, 2007 Subject. Punch List_Wild Turkey Estates Per your request dated January 10, 2007, we have prepared an updated punch list :for the subject site. The following list of punch items includes but is not limited to: 1. A final waIkthurough of the subject site will be required to inspect the interior of all sanitary sewer and storm sewer structures. 2 Reconstruetion-and regrading as-L-ot 29 must--conform-to-the dimctives-ime&-ir-Engineering's ---_ memo to Planning dated October 12,2006 (referenced memo included). 3. As per the defuutive plans for the subject site, a complete cement concrete wheel chair ramp must be installed at Sta. 06-}75 right. 4. The cement concrete wheel chair ramps on Lot 38 (Sta. 14+63) & Lot 45 (Sta, 27+52) need to meet the Town specified design (construction detail in the definitive plans shows the addition of 2 side panels). 5. The following cement concrete panels are cracked/damaged and need to be replaced (only panels to be replaced have been marked with white paint)_ 2 rear panels @ Sta. 00+32 left(H.C. ramp) 2 front panels @ Sta. 00+32 right(H.C. ramp) 2 rear panels @ Sta. 06+75 left(H.C, ramp) 1 panel @ Sta. 02+49 right 1 panel @ Sta. 21+62 left 1 panel @ Sta. 03+12 right(driveway) 2 panels @ Sta. 25+20 left (driveway) 1 panel @ Sta. 13+00 right(driveway) 1 panel @ Sta. 25+90 left 2 panels @ Sta, 25+80 right 1 panel @ Sta. 26+07 left 2 panels @ Sta. 51+29 right 1 panel @ Sta. 51+39 right Z panels @ Sta. 53+88 right 1 panel @ Sta. 55+46 right C C Engineering must be notified for an inspection 24 to 48 hours prior to the placement of any cement concrete sidewalk. Developer is to use the standard Town construction details regarding the installation of all cement concrete sidewalks. 6. Repair exposed pipe protruding through cement concrete sidewalk panel at Sta. 27+67 left. 7. A. At many locations throughout the subject site, the cement concrete sidewalks installed through bituminous concrete driveways were not installed according to the construction detail in the definitive plans (sidewalks installed too high). Numerous bituminous concrete driveway aprons show signs of gouging on the surface, possibly caused by the undersides of motor vehicles. B. There is evidence that numerous driveways were constructed before the sidewalks were installed (saw cutting of the driveways at the proposed sidewalk locations can be seen). The respective sidewalks were later installed to match the elevations of the driveways' saw cut edges. Because of this method of construction, some of these sidewalks through the driveways now have cross slopes (back to front) greater than the maximum 2% slope as shown in the definitive plans' sidewalk detail. Engineering was not notified for inspections when much of the cement concrete sidewalks were installed in the subject site. It is unknown if the non-inspected sidewalks at this subdivision have been constructed to Town specifications (Le., 4", [6" in driveways] cement concrete sidewalks [4000 psi] over 8"gravel sub-base, etc.). _ C. The Town will allow these sidewalks to remain if the developer can obtain letters from _ --- ...al"featedhome_rimers-stating-that-the-Town.is-escempt oM a labilities-resulting-from ie existing sidewalks being constructed too high. A clause should be added to this letter stating that any future home owners will also hold the Town exempt from these same sidewalk liabilities. Engineering will provide a list of driveways as soon as possible. 8. In numerous places the cement concrete sidewalks have been installed on private property. flans detailing these locations have been submitted to Engineering from D.L. Berm, Inc., the designers for this subdivision. Easements will have to be acquired from the horse owners at all respective locations and the corresponding easement documentation will then have to be submitted to Engineering and the Law Department for review. 9. Mow detention pond and outlet swale. Mow swale on Lots 1 8t 2. Engineering will inspect this Swale after it bas been mowed to ensure that the grades have not changed since the grading of Lot 1 was performed. 10. The drainage easement on Lot 35 has been filled in. This area should be regraded as per the definitive plans. 11. Move electric.box/cable box (located near sidewalk) out of easement between Lots 12 & 13. The ur crent location makes the d-pond inaccessible from Hemlock Ridge via the drainage easement_ 12. Uncover and raise clean out in the Hemlock Ridge cul-de-sac for the sanitary sewer service to Lot 12. 13. The inner fenced area within the d-pond needs to have two of the fence posts repositioned back to vertical (the top wire seems to have pulled the posts out of the ground). This same inner fenced area needs a top tail completely encircling the fence perimeter. 14. All hydrants need to be painted yellow. 15. Raise hydrant at Sta. 22+50 according to Town specifications(centerline of the 41/2" outlet to be 1 S"to 24"above finish grade). 16. There should be 2 shade trees per lot. If the current owner does not wish to have two shade trees for any reason, the developer should have a letter from the owner sent to Engineering stating so, The following lots are missing trees: Lot 9 --two trees Lot I 1 --two trees Lot 12—two trees Lot 13 -- one tree Lot 14 --two trees Lot lb--two trees Lot 17 -- one tree Lot 19 --two trees Lot 20 two trees Lot 22--two trees Lot 27 two Drees Lot 41 one tree Lot 42 two trees Lot 46 -- two trees Lot 47 --two trees 17. Stop signs are required at the following locations: Sta. 00+38 Sta. 31+90 Sta. 40+34 Sta. 43+12 Sta. 50+39 19. Back up cement concrete sidewalk with loam and seed - various locations throughout site (complete list to be provided after all snow melts). 19. At the Clover Hill Drive cul-de-sac: repair/patch the bituminous concrete and berm in the cul-do- sac where the subject site sanitary sewer tied in to the cxisting sanitary sewer stub in Clover Hill Drive; remove pieces of pipe and other construction debris just beyond the and of the cul-de-sac. 20. Final street and catch basin cleanings are required. 21. All Conservation Commission requirements must be met regarding erosion cleanup in woods behind Forest Hill Road. 22. All silt fence/hay bale erosion controls are to be removed at the completion of this project provided that vegetation has been established and is growing. 23. Lot 23 is presently under construction. Lot 9 is undeveloped.. A lot bond in the amount of $4,500.00(four thousand,five hundred dollars) should be held for each lot until completion. 24. It appears that structures are located on Town utility easements in Lot 14, Lot 16, and Lot 21. We defer any determination regarding these structures to the Building Dept. 25. Buffer strip plantings as per definitive plans required throughout subdivision. 26. Street Acceptance plans have to be submitted. 27. The following Definitive Plan mylars should be submitted to Engineering reflecting as-built conditions: Sheet 5 of 12 Added Catch Basin and all connecting pipe between Lot 38 & Lot 39. Sheet 10 of 12 DMH and all connecting pipe instead of the originally proposed 12" PVC Flared End (inv. = 247.00) at end of Clover Hill Drive near corner of Peiffer property. Sheet I of 1 Revised Detention Basin. This punch list was prepared during the winter and may require revisions in the spring. This punch is not all inclusive. Evidence of dead or dying landscaping in the spring will have to be added to the list. Some locations were snow covered and could not be completely inspected. Engineering would be more than _ havny._ta eet_out at s1te nr eus fkhe.�c-_issues._If you_hav�an cluestzons ptease-do-not- hesitate to contact our division. Sincerely, TO,- � A I(f— — RA S. Seidnitzer kiMichael C.Chase, E_X.T. Civil Engineer I Interim Town Engineer cncloaurc s:\subdiv\wOd=kqy memos\updatrd punch 16t.doc r - TaNrN of AGAWAM MEMORANDUM To: Planning, Steve Lubarski— 108 Coyote Circle CC: File From: Engineering Date: October 12,2006 Subject: Grading -Lot 29— IDS,Coyote Circle—Lubarsky -Update It has come to Engineering's attention that our previous memo regarding Lot 29 (108 Coyote Circle) did not correctly address the issues and concerm of the owner, Steve Lubarski. Engineering met onsite with Mr. Lubarski and has the following comments: 1. The owner showed Engineering the exact location of the back property line. It is actually further south than what was previously thought. It now appears that the back l foot tall earth berm was not installed along the property line. This berm needs to be moved back into the 15 foot buffer as the grading plan indicates (see attached). Also, it will need to be.installed so that the proposed.grades will be level when they meet the existing grade at the property line. Although some stonnwater will flow onto the neighboring property from the back of the berm, it will actually be less than what is currently flowing there now and should also be much less than what was previous flowing there before the subdivision was built. 2. The swale will treed to be moved to the south and be pitched so that water will flow over a typical sidewalk. This means that the last 3 sidewalk panels should not need to be removed and replaced with a handicap ramp (as previously requested). ---------- - ---. 3:..,..The sidewalk-has been install-ed slightly higher-than the-adjacent grades-alon:g-a-majont-y-of the eastern►—_----- property lime. The area needs to be re-graded to p evezit pu es ori7 cbllec n - 4_ The treebelt does not have topsoil in it. Currently, there is fill material with lots of large stories. Loam needs to be put in place and the area re-seeded. 5. The proposed buffer strip plantings will need to be placed on top of the bean within the 15' buffer. The plantings should be installed according to the schedule on the Definitive Plans, The Town is currently holding a bond amount which includes the cast of these plantings. Engineering recommends that major re-grading of this Lot should not be performed until after the Spring thaw. It is too late in the year for seeding to catch and because this is a sensitive area, it is important that vegetation be established as soon as possible. The owner of the site mentioned that he does not mind if some of his lawn is ruined in the process of moving the berm and swale, he just wants his yard graded properly. Prior to beginning any re-grading, a silt fence steeds to be installed along the south property line and should remain in place until vegetation has been established. If you have any questions or comments, please do not hesitate to contact our division. Sincere , Michael C. Chase, E.I.T. . Civil Engineer 11 Ucn&cc1\subdiAwi1d wrkcytimcmoslloi 29 gradieg-ocl 2006.doc 2- vt Ohl7ffd j A Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 a C- ZE January 9, 2007 c: n be Anthony Fazio Wild Turkey Development,LLC CA P.O. Box 245 Agawam, MA 01001 Dear Mr. Fazio: The Agawam Planning Board is in receipt of your request for a bond reduction for the Wild Turkey Estates subdivision. On November 20,20051 the Board released$879,000. It is the Board's policy to allow two releases, one half-way through construction and one when construction is completed. Therefore, at its duly called meeting held on January 4, 2007, the Board voted to deny your request for a bond reduction. The Board will ask for a punchlist of the remaining items to be completed and will forward it to you as soon as it is completed by the Engineering Department. 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 United Bank Treasurer Engineering File AVOI XX .Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 tea` Tel. 413-786-0400 Fax 413-786-9927 C. :Z :En 0 3� January 8, 2007 = n Anthony Fazio to 122 Leonard Street Agawam, MA 01001 Dear Mr. Fazio: At its duly called meeting held on January 4, 2007, the Agawam Planning Board voted to approve the Definitive Subdivision Plan entitled "Wisteria Estates, Definitive Subdivision Plan, Agawam, Massachusetts, For: Anthony and Jane Fazio, 122 Leonard Street, Agawam, Massachusetts"prepared by D. L. Bean Inc., and dated September 26, 2006, revised December 29, 2006 with the following comments: All easements shall be executed and submitted to the Planning Board for its signatures. 1. A Covenant, easements and Performance Agreement shall be executed and submitted to the Town. 2. No additional lots shall be created unless through an amendment to the Subdivision Plan in conformance with Chapter 41 M.G.L. 3. All comments contained in.the Town Engineer's memo dated January 4, 2007 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, Travis Ward, Acting Chairman Agawam Planning Board cc: Cl1i Building, Engineering, D.L. Bean, Inc., File or _- 'OWN OF A WAM Department of Public Works 1000 Suffield Street - Agawam MA 01001 Tel (413) 821-0600 ■ Fax (413) 821-0631 D � John F. Stone— Superintendent 14'EEMORAND�UM To: Punning Board From: Engineering Division CC: Dave Bean, D. L. Bean Inc, J. P. Stone DPW Superintendent Date: January 4, 2007 Subject: Wisteria Estates—Definitive Subdivision Review—52 North Street Per your request, we are mviewing the Definitive Subdivision Plan entitled "Wisteria Estates; Definitive Subdivision Plan, Agawam, MA; For (Owner): Anthony and Jane Fazio, 122 Leonard Street, Agawam, Massachusetts; prepared by: D.L. Bean Inc. 40 School St., Westfield, MA; Scale: 1"=30; Date: Sept 26, 2006, Rev: 12-29-06". The following comments need to be addressed: 1. The plans show the proposed 18" Drain line crossing under the existing 10"sewer main in North Street; due to the proximity of the two pipes, this crossing will be required to be encased in concrete and set on undisturbed earth. The 12" water main should not be encased in concrete in the event of a water main break, per Deputy Superintendent Golba. 2. The plans show a note that states that the grass shall be hydroseeded in the early spring and late fall and sod should be placed in season; the DPW recommends that the reverse be done, that is place sod in early sprig and late fall (if available) and to hydroseed during the time between. This is because newly placed sod requires significant watering until it is established,hydroseed watering requirements Ere less significant. 3. The proposed driveway shown for Lot 6 shows a utility pole located approximately in its center; please add a note to the plan that the pole will require relocation. 4. Please add a note to the plans that all work performed in the public way requires a DPW Road Opening Permit. S. The 12"knock-outs provided in the DMHs should be orientated to the up hill side of the structures. These comments are relatively rtainor in nature and will require minimal changes by the applicant's engineer; therefore, Engineering would not be opposed to the approval of this subdivision contingent on these comments. Engineering reserves the Tat to comment further. If you have any questions please do not hesitate to contact this division. Sincerely, Decker, E.I.T. Michael C. Chase, E.I.T. Civil Engineer I Interim Town Engineer ,:ietibdhhe�rJi Innreme4muno3 dac 4 D. L. BEAN, INC. --- LAND .CONSULTANTS 413-562-7566 Forty School Street Fax # 413-562-2091 SURVEYORS Westfield, Mass. 01085 ENGINEERS November 1,2006 as Clerk's Office c. 36 Main Street Agawam,MA 01001 Dear Clerk: This is to serve notice that on this date we have filed a Preliminary Subdivision plan with the Planning Board. Enclosed.is a Form "B"Application with pertinent details of location and owner. Sincerely, D.L. Bean, c. avid L. ,President Enclosure DLB/ssc Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 oAy� Tel. 413-786-0400 Fax 413-786-9927 � ZE ax co 3 �r Z 3 na November 7, 2006 u� Anthony Fazio Wild Turkey Development LLC P.O. Box 245 Agawam, MA 01001 Dear Mr. Fazio: Attached please find a recent memo from the Agawam Engineering Department concerning the grading at Lot 29, 108 Coyote Circle. As is noted in this memo, the location of the swale on this lot is not according to the approved plan and is resulting in drainage issues. Please comply with the recommendations of this memo. If you have any questions,please contact the Engineering Department for clarification. Sineerely, Dennis B. Hopkins, Chairman Agawam Planning Board cc: Steve Lubarski Engineering File r/W/X096 16:22 FAX 4138210631 49 002/003 TOWN OF AG.AWAM MEMORANDUM To: Planning, Steve Lubarski— 108 Coyote Circle CC: File From: Engineering Date: October 12, 2006 Subject: Grading-Lot 29 --108 Coyote Circle—Lubaraky-Update It has come to Engineering's attention that our previous memo regarding Lot 29 (108 Coyote Circle) did not correctly address the issues and concerns of the owner, Steve Lubarski. Engineering met onsite with Mr. Lubarski and has the following comments: l. The owner showed Engineering the exact location of the back property line. It is actually further south than what was previously thought. It now appears that the back 1 foot tall earth berm was not installed along the property line. This berm needs to be moved back into the 15 foot buffer as the grading plan, indicates (see attached). Also, it will need to be installed so that the proposed grades will be level when they meet the existing grade at the property line. Although some storrawater will flow onto the neighboring property from the back of the berm, it will actually be less than what is currently flowing there now and should also be much less than what was previous flowing there before the subdivision was built, 2. The swale will need to be moved to the south and be pitched so that water will flow over a typical sidewalk. This means that the last 3 sidewalk panels should not need'to be removed and replaced with a handicap ramp(as previously requested). 3. The sidewalk has been installed slightly higher than the adjacent grades along a majority of the eastern property line: The area needs to be re-graded to prevent puddles from collecting. 4. The treebelt does not have topsoil in it. Currently, there is fill material with lots of large stones. Loam needs to be put is place and the area re-seeded_ 5. The proposed buffer strip plantings will need to be placed on top of the berm within the 15' buffer. The plantings should be installed according to the schedule on the Definitive Plans. The Town is currently holding a bond amount which includes the cost of these plantings. Engineering recommends that major re-grading of this Lot should not be performed until after the Spring thaw. It is too late in the year for seeding to catch and because this is a sensitive area, it is important that vegetation be established as soon as possible. The owner of the site mentioned that he does not mind if some of his lawn is ruined in the process of moving the berm and swale, he just wants his yard graded properly, Prior to beginning any re-grading, a silt fence needs to be installed along the south property line and should remain in place until vegetation has been established. If you have any questions or comments,please do not hesitate to contact aw division. Sincere , � / X Michael C_ Chase, E.I.T. Civil Engineer 11 h:lengincuWbdiA"d nerkeylmemosgm 29 gradLfg-ocL 2046,doe y . ,J/12/2006 16:22 FAX 4139210B31 2 003/003. ol Jt- L� ' c� �• �,� ST ink J C o 17 i 1rY3 5 G'�R'C Sf1v i9AdUid ram! /�'f� Agawam Engineering Div. .a - r �� SEP 0 9 2003 . Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 y ` Tel. 413-786-0400 Fax 413-786-9927 PLANNING BOARDCD November 16, 2007 = _. Cr 11? . Anthony Fazio Wild Turkey Development LLC P.Q. Box 245 Agawam, MA 01001 Dear Mr. Fazio: At its duly called meeting held on November 15, 2007, the Agawam Planning Board voted to extend the Performance Agreement for the Wild Turkey Estates subdivision to May 1, 2008. If you have any questions,please contact this office at 786-0400, extension 283. Sincerely,. Travis Ward, Acting Chairman AGAWAM PLANNING BOARD TW/DSD cc: Town Clerk United Cooperative Bank Engineering Building Dept. File x CrA �� Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 87-477 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 Anthony Fazio and Doug Dreyer computer, use Name — - -only the tab key to move P.O. Box 245 your cursor- Mailing Address do not use the Agawam MA 01001 return key. City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: _Thelma Kerr&Gary Brown Name April 11, 2002 87-477 Dated DEP File Number 3. The project site is located at: Wild Turkey Estates Feeding Hills Street Address CityfTown _ .4 Assessors Map/Plat Number Paroel/Lot Number C the final Order of Condition was recorded at the Registry of Deeds for: r Property Owner(if different) ­x.- b Hampden 12921 Cam__ County Book - Pie - r- _ Extension Permit- Book 14024, Page 146 +a r= Certificate -- 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 4 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: Lot 12 -#72 Hemlock Ridge(lot with detention pond) wpaform Sb.doc-rev.12/15100 Page 1&3 Massachusetts Department of Environmental Protection �—� Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40. Provided by DEP B. Certification (cont.) ❑ 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 11-8-07 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: St D g�s J ' e Henry A/Kozloski Frank Me g wpaform gb.doc•rev,12AS100 - Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 87-477 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Hampden On this 8th Of November 2007 Day Month Year before me, the undersigned Notary Public, personally appeared _Steven Douglas, _Henry A. Kozloski, Jill Messick, Frank Meagher, Name of Document 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. Agawam As member of Cityfrown 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) wpaform Bb AM•rev.12115/00 Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 87_477 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: Wild Turkey Estates 87-477 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 wpaform 8b.doc•rev.12/15/00 Page 4 of 3 r Town of Agawam i` 36 Main Street Agawam, Massachusetts 01001-1837 y � MA Tel. 413-786-0400 Fax 413-786-9927 D v October 2, 2006 a' A C. liftm Anthony Fazio :X X Wild Turkey Development LLC Y? P.Q. Box 245 CO2 Agawam, MA 01001 M. Dear Mr. Fazio: At its duly called meeting held on September 28, 2006, the Agawam Planning Board voted to approve an extension of the Performance Agreement for the Wild Turkey Subdivision for six (6) months or until April 1, 2007. In other business, the Planning Board discussed the issue of drainage and sidewalk construction adjacent to the Cloutier's house at 1186 North Street Extension. Attached please find a letter sent to the Cloutier's on February 23, 2006, a copy of which was sent to you. Please undertake this-revision as soon as possible. The Engineering Department should be contacted prior to initiating the construction. If you have any questions, please contact the Planning Office at 786-0400, extension 283. Sincerely, Dennis B. Hopkins, Chairman Agawam Planning Bo cc: Town Cle United Cooperative Bank Engineering Treasurer File Town of ,kgawam 'f 36 Main Street Agawam, Massachusetts 01001-1837 o Tel. 413-786-0400 Fax 413-786-9927 February 23, 2006 June Canders-Cloutier 1186 North Street Extension Feeding Hills,MA 01030 Dear Mrs. Canders-Cloutier: Members of the Agawam Planning Board visited the Wild Turkey Estates subdivision in the Fall to confer with the Town Engineer and the developer of the subdivision,Anthony Fazio,about the installation of sidewalks on the west side of Coyote Circle. The Board was informed of your concerns about drainage during this site visit. In an effort to ensure that water does not collect on your rear lot during storm events, the Planning Board agreed to the following: The portion of the sidewalk which will be installed adjacent to the low point in your rear yard will be ramped. It will look similar to a handicapped ramp and will be at a low enough grade to allow drainage to flow from your yard into the drainage system in Coyote Circle. Mr. Fazio will adjust all grades in the vicinity of the sidewalk and will reseed any disturbed areas. In regard to the your trees, the sidewalk will be installed to go around the base of the trees so as not to damage the trees, Such a design may result in the sidewalk being placed close to or adjacent to the berm. If you have any questions,please contact the Planning Office at 786-0400,extension 283. cerely, ` Dennis B. Hopkins, Chainnan Agawam Planning Board cc: Mr. Fazio, Engineering, File, Police Dept. D. L. BEAN, INC. LAND .CONSULTANTS 413-562-7566 Forth School Street Fax# 413-562-2091 SURVEYORS Westfield, Mass. 01085 fNGlNEER8 September 27,2006 Clerks 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 lih t r Planning Board. CO x,•r XQ Enclosed is a Form "C" AppIication with pertinent details of location and owner. �a Sincerely, D.L. Bean, David L.Bean,President Enclosure DLB/ssc f M TOWET -OF -AGAWAM i' 38 MAIN STREET AGAWAM, MASSACHUSETTS 01001 Tel. 413-786-0400 '11A Form C APPLICATION FOR APPROVAL OF DEFINITIVE PLAW FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND A EMPY WITH THE TOWN CLERK IN ACCORDANCE WITH RE12UIREMENTS OF SECTION III-B. Agawam September 27, 2006 To the Planning Board: The undersigned herewith submits the accompanying Definitive Plan of property located in the Town of Agawam for approval as a subdivision under the requirements of the Subdivision C3ntrol Law and the Rules and Regulations Governing the Subdivision of Land of the Planning Hoard in the Town of Agawam. 1. Name of Applicant Anthony Fazio ti - Address 122 Leonard Street, A&Lvam 2. Name of Engineer or Surveyor D.L. Bean Inc. Address 40 School Street - Westfield, NA_ 01085_ 3. Deed of Property Receded in Hampden County Registry of Deeds 0 Book 15361 Page 80 vs c aZ 4. Location and Description of Property: (Attached sh b) 52 Worth Street 3m 5. A list of the documents included in this applicatio accompany notice to the Town Clerk. Documents required to bw submitted with this noticef- © c- a. Notarized statement of interest in the 1 nd. b. Environmental Study. C. Plans and specifications. d. Statement of time-development sequence. e. Plan of sequence of development. f. Town-Development relationship study. g. Reports of test borings, etc. h. Certified. Copy of Deed Your attention Ls directed 'to Section III , B. B of Subdivision Rules and Regulations requiring the posting of a nr r arding of a covenant BEFORE approval can be given. ? Signature of owner _ bony F zio Address: 122 Leonard Street- Ag am, MA 01001 w Supplement Sheet- Definitive Subdivision Form "C" 4. Location: 52 North Street. Property is located on the northerly side of North Street, approximately 5507 westerly of the intersection with Springfield Street. The property contains 3.8 acres and will be subdivided into 6 lots. Town of Agawam 36 Main Street . Agawam, Massachusetts 01001-1837- ti t�P` Tel. 413-786-0400 Fax 413-786-9927 PLANNING BOARD March 3, 2006 -AP Anthony Fazio CD Wild Turkey Development LLC P.O. Box 245 Agawam, MA 01001 Dear Mr. Fazio: At its duly called meeting held on March 2, 2006, the Agawam Planning Board voted to approve an of the Wild Turkey Estates Performance-Agreement of October 1, 2006. If you have any questions, please contact this office at 786-0400, extension 283. Sincerely, C Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD DBH/DSD cc: Town Clerk United Cooperative Bank Engineering Building Dept. File o� Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 z _ Tel. 413-786-0400 Fax 413-786-9927 D December 20, 2005 Anthony Fazio 122 Leonard Street m Agawam, MA 01001 Dear Mr. Fazio: At its duly called meeting held on December 20, 2005,the Agawam Planning Board voted to deny the Form A for Lot #6, North Street shown on a plan prepared by D.L. Bean, Inc. and dated December 8, 2005. The lot is shown as part of a Preliminary Subdivision Plan submitted for the Planning Board's action. As such the lot must meet the Subdivision requirements for grading, sidewalks, treebelts and the like. Please also see the attached memo from the Agawam Engineering Department dated December 15, 2005 which supports this denial. If you have any questions, please do not hesitate to contact the Planning Office at 786-0400, extension 283. Sincerely, Travis Ward, Acting Chairman Agawam Planning Board CC' C14 D.L. Bean, Inc. Engineering Building File TOWN OF AGAWAM ,r, a INTEROFFICE .� a6P�p�pt MEMORANDUM . To: Planning Board CC: File F'rom: Engineering Date: December 1-5, 2005 Subject: FormA 274 -North St - Fazio- Lot 6 As per your request dated December 13, 2005, we have reviewed the Form A entitled, "Division of Property,Agawam,MA; Prepared by: D.L. Sean, Inc., 40 School Street, Westfield, Massachusetts; For: Anthony Fazio and Jane Fazio, 122 Leonard Street, Agawam, MA 01001; Date: Dec. 8, 2005; Scale: 1"=30' ", and we note the following: We recommend that this lot not be approved as a `Form A' but instead as part of the final definitive subdivision design(Wisteria Ln.) due to drainage and grading concerns. If you have any comments or questions, please do not hesitate to contact our division. Sincerely, Rick S. Seidnitzer or Anne J. o P.E. Civil Engineer I Tow Engine ry - C SAFORMAM4 North St Fazio-Lot 6%01.wpd 64 2- i d", A G A W A M P L A N N I N G B O A R D 36 Main Street Agawam, Massachusetts 01001. Tel . 413-786-0400 Ext. 245 FORM A Application for Endorsement of Plan Believed Not to Require _Approval FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-0 Date: December 9, 2005 TO THE PLANNING BOARD: The undersigned , believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within ,the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1 . NAME OF APPLICANT Anthony Fazio Address 122 Leonard Street, Agawam. MA 01001 2. NAME OF SURVEYOR D.L. Bean, Inc. Address 40 School Street - Westfield, MA 01085 3. DEED OF PROPERTY RECORDED IN Hampden County Re istr of Deed Book 15361 _ Page_ 80_ 4. ' LOCATION OF PROPERTY: Property is located on the northerly side of North Street approximately 500' westerly of the intersection with Springfield Street, and adjacent easterly to house #52. 5. DESCRIBE THE PROPOSAL IN THIS SUBMISSION: Lot #6 is proposed with 110.00' of frontage and an area of 15,069 s.f., the remaining land has adequate area and frontage to conform with Zoning Requirements. ATTACHMENTS - TWO ORIGINALS AND THREE COPIES OF PLAN BY CERTIFIED LAND SURVEYOR. THE PLANS WILL BE DISTRIBUTED AS FOLLOWS: 1 ORIGINAL TO THE TOWN OF AGAWAM ENGINEERING DEPARTMENT, ONE ORIGINAL TO BE RECORDED AT REGISTRY OF DEEDS BY THE APPLICANT, ONE COPY FOR THE ASSESSORS OFFICE, ONE COPY FOR THE PLANNING BOARD OFFICE, AND ONE CERTIFIED COPY FOR THE BUILDING DEPARTMENT. Signature of Owner Anthony azio Address 122 Leonard Street, Agawam, MA 01001 Town of Agawam 36 Main Street Agawam,Massachusetts 01001-1837 Q y` Tel. 413-786-0400 Fax 413-786-9927 September 19, 2005 Anthony Fazio 122 Leonard Street P.O. Box 245 Agawam, MA 01001-0245 =4, Dear Mr. Fazio: : At its duty called meeting held on September 15,2005,the Agawam Planning Board voted to approve the Preliminary Plan entitled "Preliminary Subdivision Plan,Agawam, Massachusetts for: Anthony Fazio, P.O. Box 245, Agawam, MA", prepared by D.L. Bean, Inc. May 12, 2005, Rev. Sept. 15, 2005 with the condition that the Engineering Department comments dated September 15, 2005 (attached) are'to be addressed. In other business, the Planning Board approved a waiver of Section 159-23A of the Subdivision Rules and Regulations which call for 5'concrete sidewalks on both sides of the street to allow for 5' concrete sidewalks to be placed on the east side of Wysteria Lane to the driveway on lot 4. This waiver is in lieu of the developer constructing a 5' concrete sidewalk along lots 1, 7 and 6 on North Street. An original of the revised Preliminary Plan must be submitted to the Planning Department. If you have any questions,please contact this office at 786-0400, extension 283. Sincerely, Dennis B. Hopkins, Chairman . AGAWAM PLANNING BOARD DBH:pre cc: Engineering Dept. D.L. Bean, Inc. File Y TO)NIN F AGAWAM 4 INTER-OFFICE m y _ MEMORANDUM To: Planning Board RECEIVED CC: D.L. Bean, J.P. Stone, File S E p 1 5 2005 From: Engineering PLANNING BOARD Date: September 15, 2005 Subject: Preliminary Subdivision Plan- Wisteria Lane We have received your request for review and comments by Engineering dated May 16, 2005 for the plan titled, `Preliminary Subdivision Plan, Agawam MA, For: Anthony Fazio, P.O. Box 245 Agawam, MA', scale 40' = 1", dated May 12, 2005, Rev. Aug. 18, 2005, Rev. Sept. 15, 2005, prepared by D.L. Bean Inc., 40 School St., Westfield, MA 01085. I have the following comments. The following should be addressed as part of the Preliminary Subdivision submittal. 1. It is preferred to have R=25' at streetline for the throat of the cul-de-sac. This could be addressed in the definitive plan as long as the lot area meet minimum requirements. 2. If the Planning Board requires sidewalks along the North St. frontage for this project, they should be shown conceptually on the preliminary or designed in the definitive plan. Comments in previous memos about the definitive subdivision are still required although not mentioned here. Feel free to contact this office with questions or comments. you, I Geo anne Hoymaz .E. To Engineer Town of Agawam to 36 Main Street Agawam, Massachusetts 01001-1837 D Ma ` Tel, 413-786-0400 Fax 413-786-9927 September 15, 2005 a� Anthony Fazio P.O. Box 245 Agawam, MA 01001-0245 Dear Mr. Fazio: At its duly called meeting held on September-15, 2005, 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 D.L. Bean, Inc. and dated Augus t 31, 2005 , Rev: Sept . 15 , 2005 Sincerely, AGAWAM P NNING BO Please he rsed 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 Fazio and approved by the Agawam Planning Board for a parcel of land located on North Streeet has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant A G A W A M P L A N N I N G H O A R D 36 Main Street Agawam, Massachusetts 01001 _ Tel . 413-786-0400 Ext. 245 -' n� r' 1 V FORM A Application for Endorsement of Plan Believed Not to Require Apgroval FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11--B Date: August 31.,., 2005 TO THE PLANNING BOARD: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1 . NAME OF APPLICANT Tony Fazio Address awam MA 01001 2. NAME OF SURVEYOR D.L. Bean, Inc. Address 40 School Street - Westfield, MA 01085 3, DEED OF PROPERTY RECORDED IN Hampden County Registry of Deeds Book 14144 Page 481 4. ' LOCATION OF PROPERTY: 52 North Street, Approximately 600' westerly of the intersection with Springfield Street. 5. DESCRIBE THE PROPOSAL IN THIS SUBMISSION: Parcel "A" is proposed with 116.53' of frontage and an area of 17,874 sf. Remaining land has adequate area & frontage to conform with Zoning Requirements. ATTACHMENTS -- TWO ORIGINALS AND THREE COPIES OF PLAN BY CERTIFIED LAND SURVEYOR. THE PLANS WILL BE DISTRIBUTED AS FOLLOWS: i ORIGINAL TO THE TOWN OF AGAWAM ENGINEERING DEPARTMENT, ONE ORIGINAL TO BE RECORDED AT REGISTRY OF DEEDS BY THE APPLICANT, ONE COPY FOR THE ASSESSORS OFFICE, ONE COPY FOR THE PLANNING BOARD OFFICE, AND ONE CERTIFIED COPY FOR THE BUILDIN DEPARTMENT. Signature of Owner David JVRorgatf ?'' Address 252 Westerly Circle, Ludlow, MA 3 � V� � TOWN OFAGAWAM CONSERVATION COMMISSION 36 AL41N ST"., .AGAWAM, MA 01001 -- 786-0400, et. 245 May 31., 2005 Anthony Fazio Wild Turkey Development LLC 122 Leonard Street P.Q. Box 245 Agawam, MA 01001 y Dear Mr. Fazio: At its meeting held on May 26, 2005, the Agawam Conservation Commission voted that work on the detention basin at Wild Turkey Estates must begin by Monday, June 6, 2005 or this matter will be turned over to the Massachusetts Department of Environmental Protection (DEP) for enforcement action. The Commission has given you ample time to do this work. Please be advised the swale must be constructed according to the original approved plan. Also to be submitted is your plan for downstream damage assessment and repair to stream and wetland. In another matter, the Commission voted that you follow the Town Engineer's recommendations as set forth in the attached memos dated May 25, 2005 and May 26, 2005 with regard to Lots 1 and 2. As per condition numbers 20 and 24 of your Order of Conditions, the Commission is requiring that you clean the pipe under Mr. Brown's driveway to allow for proper flow. If you have any questions, please contact this office at 786-0400, extension 283. Sincerely, Henry A. Kozloski, Chairman AGAWAM CONSERVATION COMMISSION cc: Town Clerk, Engineering, D.L. Bean, Inc., File certified mail #7004 0750 0003 0976 0684 i y TGWN OF AGAwAm INTER-OFFICE MEMORANDUM z - " U MP To: Conservation Commission CC: A. Fazio, File From: Engineering Date: May 25, 2005 Subject: Wild Turkey Subdivision - Enforcement Order - Status Report At your request, this is a status report on the progress on resolving issues about the functioning of the drainage system on Lot 1 and Lot 2. The plan for revised infiltration structures within the drainage easement on Lot 1 has been approved by Engineering. Work by Fazio on these improvements may begin at any time. The grading plans for Lots 1 and 2 are being revised by Ron Huot to address previously generated Engineering comments. It is assumed that the grading plans will be approved once the previous comments are addressed. RECOMMENDATION: 1. Erosion and sediment controls must be RE-CONSTRUCTED and MAINTAINED within the drainage Swale by the developer. 2. The revisions shown on the plan approved by Engineering should be constructed as soon as possible. 3. The builder of Lot 1 and Lot 2 MUST PLACE AND MAINTAIN erosion and sediment barriers between the home construction and the drainage easement. 4. The Conservation Commission should finalize their requirements for addressing the previous enforcement order for this site. Namely, to what extent must sediment be removed from the pipe and drainage ditch in Brown's property. At a minimum, all sediment must be removed from the pipe and 15' in the ditch to the north. It is preferred that sediment be removed from the drainage ditch as far as possible to the north. The developer must get permission from Mr. Brown to perform this work. ete i nd - No work has occurred at the detention basin since the previous update memo. RECOMMENDATIONS: 5. The new outlet structure should be constructed by the developer as soon as possible. Page 2 G. The downstream damage assessment still has to be completed at the appropriate time A 1RF the new outlet structure has been in place and observed during a number of storm events. Downstream repairs must still be proposed, approved, and constructed. 7. The silt fence and hay bales down stream of the rip rap dishes be repaired and reinstalled. The revised outlet structure should be constructed. 8. A revised proposal should be made by the developer's engineer to address the short circuiting flow path and erosion which has occurred at the rip rap dishes. 9. The swale which was originally proposed to direct flows towards the south east should be constructed and adequately reinforced to prevent erosion. If you have any questions, please contact our division. Sin rely, Geor 'anne FIo, man, :E. Engin � SASUBDMWild ILrkcylmemoslwildturk 33 cc st=s.wpd ToWN of AGAWAM INTER-OFFICE MEMORANDUM yr 0 To: Conservation Commission CC: A. Fazio, File From: Engineering Date: May 26, 2005 Subject: Wild Turkey Subdivision - Enforcement Order - Status Report - ADDITION Please note the following alteration in my previous recommendation RECOMMENDATION: 4. The Conservation Commission should finalize their requirements for addressing the previous enforcement order for this site. Namely, to what extent must sediment be removed from the pipe and drainage ditch in Brown's property, At a minimum, all sediment must be removed from the pipe and Q in the ditch to the north. It is preferred that sediment be removed from the drainage ditch as far as possible to the north. The developer must get permission from Mr. Brown to perform this work. If you have any questions, please contact our division. Sincgr7ly, f ► Geor�anne Hoyt, P.E 7 To Engineer S.%SUBDIVIWiId Turkeylnwnwslwildturk 34 cc status.wpd Ul EO To--1 L � 4 U kj Zj- 160, ISL i O t 1 1 1 Ik! �� J y r f is N � D. L. .BEAN, INC. . LAND CONSULTANTS 413-562-7566 Forty School Street Fax # 413-562-2091 SURVEYORS Westfield, Mass. 01085 ENGINEERS May 12, 2005 Clerk's Office 6 36 Main Street Agawmn, MA 0.1001 Dear Clerk: This is to serve notice that on this date we have filed a Preliminary Subdivision plan h `c,�, the Planning Board. rn Enclosed is a Form "B" Application with pertinent details of location and owner: Sincerely, D.L. Bean, C. David L. Bean;President Enclosure DLB/ssc M WkRID . G PL�� FA TOWN OF AGAWAM �V` 36 MAI\ STREET AGAIVANI, MASSACHC'SETTS 01001 ,3. ,N Tel. 413-i &0400 covrow Form B vie APPL I CAT I flit FOR APPROVAL OF PRELIMINARY PLAN P� FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND A -COPY WITH THE TOXIN CLERK IN ACCORDANCE WITH REQUIREMENTS OF SECTION III-B Agawam _ May 12, 2005 ._ 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 1t4nd of the Planning Board in the Town of Agawam. 1 . Name of Applicant Anthony Fazio m Address P.O. Box-245 --Agawam, MA 2. Name of Engineer or Surveyor D.L. Bean, Inc. cn r. Address 40 School. Street - Westfield m 3. Deed of Property Recorded in Hampden County Registry of Deeds Book • 14144 Page 481 4_ Location and Description of Property: (Attached Sheet) . 52 North Street 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: a. Notarized statement of interest in the land. b. Environmental study. C . Plans d. Certified Copy of Deed Signature of owne Hozgan Address 252 Westerly - ow, MA — Supplement Sheet-Preliminary Subdivision Form "B" 4. Location: 52 North Street. Property is located on the northerly side of North Street approximately 550' feet westerly of the intersection with Springfield Street. The property contains approximately 4.1 acres and will be subdivided into 7 building lots. ? s � �` d� � Town of A"�dw`ahi l(WAN36 Main Street Agawam, Massachusetts 01001-1837 MP TeL 413-786-0400 Fax 413-786-9927 g7ED PLANNING BOARD March 29, 2005 Anthony Fazio Wild Turkey Development LLC P.O. Box 245 Agawam, MA O1001 Dear Mr. Fazio: At its duly called meeting held on March 17, 2005, the Agawam Planning Board voted to approve a six month extension of the Wild Turkey Estates Performance Agreement of August 26, 2003 to January 26, 2006. If you have any questions,please contact this office at 786-0400, extension 283. Sincerely, )s 0 Travis Ward, Acting Chairman AGAWAM PLANNING BOARD TW/DSD cc: Town Cle Engineering BVilding Dept. File A d ry DEP Foe Number: Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 9A — Enforcement Order Provided by°EP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Violation Information Important: This Enforcement Order is issued b When fitting out by: . forms on the Agawam Aucrus t_ 1.2_—_ 2004 _ computer, use Conservation Commission(Issuing Authority) owe only the tab key to move To: your cursor- Wild Turkey Development LLC, Anthony Fazio do not use the return key. fitfr yl Ptator eonard Street , Agawam MA 01001 Address � 1. Location of Violation:- n w Property Owner(if different)Coyote Circle & Hemlock Ridge Wild Turkey Estate :_:r~' Street Address c Feeding Hills ; Cityfrown Zip Code Assessors Map/Plat Number ParoelfLot Number 2. Extent and Type of Activity: Enforcement Order of December 22 , 2003 has not been adhered to. Commission finds developer in violation of said Enforcement Order. 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 Condition number(s) WPA Form 9A Pape 1 of Rev.0ZW DEP File Number. Massachusetts Department of Environmental protection Bureau of Resource Protection - Wetlands W WPA Form 9A - Provided by DEP Enforcement Order I` Massachusetts Wetiands.Protection Act M.G.L. c. 131, §40 B. Findings (cont.) ® Other(specify): All work. on the; Wild Turkey Estates subdivision_shall cease a:nd desist, including the issuance of building. permits , unless si nificanfi ro ress has been made b Wednesda Au ust 18 2004 on the items contained in' the memo from the Engineering Department dated July 22, 2004 and attached, in conformance with the agreed upon timetable that was established at the Commission's- July. 22nd_ meeting_with the developer' s c. representative, D. L., Bean. G. 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 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: Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General taws 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 Forrr.9A 42lpp Page 2 of 3 Rev. TowNoFAGAWAM INTEROFFICE MEMORANDUM To: Conservation Commission CC: A. Fazio, D.L.Bean, File From: Engineering Division Date: July 22, 2004 Subject: Wild Turkey Subdivision-Drainage Comments The following is a general description of the items which must be addressed by the developer for the successful establishment of a permanent drainage system. Construgtion Phase On-Going Sbgrt Term Requirements: -Silt Fence and Haybale placement where needed. Developer or contractor must perform inspections of all BMP (best management practices)throughout subdivision on a monthly basis and submit reports by the 15'of each month to the Conservation Commission. Any flows of sediment laden water during rain events must be addressed by the developer or contractor through the repair of existing silt fence and hay bales or the placement of new sediment barriers as soon as a problem once noted. - Buffers must be properly established as shown on the definitive subdivision plans. If buffer areas are disturbed by necessity for grading of lots, or if there are no pre-existing wooded areas in the buffer, the prescribed plantings must be placed in an appropriate time frame. See attached. -Vegetation and lawns must be established as soon as possible at all locations where homes are built or no grading activity will occur within the next month. Drainage swales and drainage system and western end of project,will not function as designed because of the build up of sediment from the construction site,which has filled in the drainage ditch and flow path to the wetland to the north on the other side of Katy Estates. So far permission has not been granted by the property owner to clean ditch which flows to wetland. It is the developer's responsibility to secure the right to access and clean the area in question before any work may begin on lots l and 2. Long Term Control Me, ces: -Proposal must be made,reviewed,approved and constructed as a result of the damage assessment of brook upstream of detention pond from end of Clover Hill Rd.. Brook and downstream of detention pond outlet to Forest Hills Rd. area. -Proposal must be made,reviewed,approved, and constructed in area between lot 21 and lot 22 and along right of way for Wood Haven Rd. at end of Clover Hill Rd. Concerns include re grading of area next to 225 Clover Hill Rd., establishing a swale from the end of the pipe directing flows from catch basin near Lot 21 to wetland area. Swale in this area may require rip rap lining. What is presently there is not adequate. -Sediment within the emergency spillway must be removed and rip-rap lining re-established. Stone lined spill way must extend up over the ridge to the south. -Proposal, review, approval, and construction of new outlet structure at existing detention pond. -Proposal, review, approval, and construction of second outlet structure which directs flow to the wetland area directly north of the detention pond. -Protection/reinforcement of down stream channels to conduct flows to water resource as appropriate. -Detention Pond- Sediment within the detention pond must be removed. Appropriate volume of the detention pond must be established. Gullies,rills,and erosion of sides of detention pond must be repaired. Vegetation must be established within detention pond. -Construction of yard drain at location specified within existing easement between lot 38 and lot 39 by the developer. Schedule Concerns: The reconstruction of the detention pond system must be completed this year. The schedule must be such that vegetation can be successfully re-established. -The restoration of damaged areas of wetland and brook resources must be completed by October 1 to allow the adjustment of wildlife to the repairs before winter. Thank you for your attention to these matters. 7 Sic ly, 1 org a P.E. n f ti v as Pam§ �s g J r yk1 .1 lytl f f + �� - N h5;;j i j lhln,,r 11 r I ps 1�'fl ,9hy1 I o hi �It •A S ��� y � �y4'�� pp!7�y �11 5 �1\\\ J/ / r �A.� �` h Iry 1 C� 2 )N AIM ta Mi �\u '14 10 .. \ \1 : • c r - � DEF ire ii : Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands - WPA Form 9A — Enforcement Order Pmibdby°E' -, 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 Deps*wnt(i Environmental Protection, but may be fled in Superior Court. Questions regarding this Enforcement Order should be directed to: Name Phone'Number Hours/Days Available Issued by: Agawam Conservation Commission T In a situation regarding immediate action, an Enforcement Order may be signed by a single rnentwor agent of the Commission and ratified by majority of the members at the next scheduled_meeting of the Commission. Signatures: -9F"A 1 e5r, 7003 0500 0002 1130 9948 Signature of delivery person or certified mail number YRA Form 9A Rev 02MO TORW OFAGAWAM 36 MAIN STREET ,! a, AGAWAM, MA 01001 y 1� DECISION OF BOARD OF APPEALS Petition of: Agarest,LLC d/b/a The Federal Bar and Restaurant c„ Premises affected: 750 Cooper Street Date: December 18, 2006 Case#: 1734 The Agawam Board of Appeals conducted a public hearing and meeting on December 18, 2007 at the Agawam Public Library Conference Room, 750 Cooper Street, Agawam, MA to discuss the settlement agreement between the Agawam Zoning Board of Appeals and Agarest, LLC d/b/a/The Federal, concerning Case # 1734, to allow for the division of a non-conforming lot in order to create a residential lot at the premises identified as 135 Cooper Street. By a unanimous vote of its three members, the Agawam Zoning Board of Appeals accepted the terms of the settlement agreement with Agarest, L.L.C., d/b/a The Federal Bar and Restaurant. Such agreement was filed with the Superior Court of Hampden County, Civil Action No.: CV2005-00642-A. The Board of Appeals has agreed to grant a Special Permit to allow Agarest, L.L.C. to subdivide the property shown as Lot i on the plan submitted in this matter, subject to the conditions as stated in the settlement agreement. The owners of the subject property shall record with the 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. Doreen Prouty 4�I6'7 G S i �121° Fred Harpin BOARD OF APPEALS PUBLIC MEETING December 18,2006 The following members attended the public meeting: 0 Doreen Prouty, Chairperson �+ Fred Harpin, Vice Chairperson z Joseph Conte, Clerk Z Gary Suffriti-Alternate `° 3 7 m . . Betty Manchino-Secretary a n I.Nextel Communication- Case #1761 F rr Chairperson Prouty reopened this public hearing at 6:00PM. 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 WMECO 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. 3. Fallon- Case #1772 Chairperson Prouty opened the public hearing at 7:10PM and read into the record the public notice on this permit. .5itting 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 Prouty made the motion to accept the settlement agreement Conte seconded, and Suffliti voted unanimously. 5. Minutes of December 11, 2006 were approved. 6. Harpin motion to adjourn at 7:35, Prouty seconded. lip BOARD OF APPEALS PUBLIC MEETING June 23,200 The following members attended the public meeting: 911 Qa c.: O c) Doreen Prouty, Chairperson - 4 � Joseph Conte, Clerk , 3 M Gary Suffriti, Alternate �„ 3 The Agawam Zoning Board of Appeals held a public meeting on Friday, June 23, 2006 in the cn T Agawam Town Clerk's Office, 36 Main Street, Agawam, MA. Members Doreen Prouty, Ga '=. Suffriti and Joseph Conte were present. Chairperson Prouty opened the meeting at 11:35 A.M. Member Suffriti made a motion to go into executive session to discuss the ongoing lawsuit regarding the Federal Restaurant. Member Conte seconded the motion. Chairperson Prouty called for a vote to go into executive session. Member Su#fhti voted yes, member Conte voted yes and member Prouty voted yes. Chairperson Prouty called for a vote to allow Attorney Vincent Gioscia, Acting Town Solicitor, and Ms. Kim Stevens, Law Clerk from the Town, to join the Board in its discussion of the lawsuit. Member Conte voted yes, member Suffriti voted yes and member Prouty voted yes. Member Suffriti stated he is willing to settle this lawsuit. Attorney Simon Brighenti, lawyer for the petitioners, had presented a proposed settlement agreement to this Board. Member Suffriti stated he is agreeable to the first condition as proposed with some modification. The arbor vitae proposed to be planted must be a minimum of 4 feet in height and a maximum of 4 feet apart. The evergreens are to be planted along the property line abutting the neighbors' property beginning at Fairview Street. The plantings are to be maintained by the club owners. All members agreed to accept Condition#2 as proposed. All three members rejected the proposed third condition of the settlement agreement, which would have the club owners making a donation to the Historical Commission. Instead, the members would prefer the owners use that money to upgrade their own property. In an earlier decision (case#1698, dated August 23, 2003), the petitioners agreed to plant evergreens along the southerly boundary between their property and that of 31 Federal Street Extension. This has not yet been done. It was agreed that the petitioners must satisfy that earlier decision. There was some discussion as to whether or not a new public hearing would be needed once a settlement was reached. Attorney Gioscia stated probably not,but would look into it. Chairperson asked the members if they were satisfied with the amendments to the proposed settlement agreement. All members agreed. Chairperson Prouty called for a vote to authorize Attorney Gioscia to contact Attorney Brighenti with the amended proposals as discussed. Member Suffriti voted yes, member Conte voted yes,member Prouty voted yes. Chairperson Prouty called for a vote to come out of executive session. Member Suffriti voted yes, member Conte voted yes, member Prouty voted yes. Chairperson Prouty closed the meeting at 11:55 A.M. 91s AD OF APPEALS PUBLIC MEETING August 11, 2006 The following members attended the public meeting: Doreen Prouty, Chairperson Fred Harpin, Vice Chairperson Joseph Conte, Clerk Gary Suffriti,Alternate The 4*ing Board of Appeals heal a public meeting at the Town Clerk's conference room at the Agawam Town Hall, 36 Main Street, Agawam, MA.The Chairperson opened the meeting when all members were present at $:50AM. The first order of business concerned"The Federal" lawsuit. An agreement between the ZBA and the owners of"The Federal"restaurant has been reached and filed with the Superior Court. The Board members are in approval of this agreement but unsure as to the next step to be taken. Chairperson Prouty will contact Atty. Gioscia to clarify this. The second item on the agenda concerns the creation of a new clerk's position for the ZBA. A draft for the job description was passed out. There were several comments which included deletions and additions. The amended description will be given to Ms. Debbie Dachos who, in turn,will submit it to the Mayor. There was no other business to come before the Board at this time. The Chairperson closed the meeting at 9:1 OAM. BOARD OF APPEALS PUBLIC MEETING April 25, 2005 The following members attended the public meeting: Doreen Prouty, Chairperson Gary Suffriti, Acting Vice Chairperson Joseph Conte, Clerk Fred Harpin-Alternate Betty Manchino, Secretary _ I. Anthony Cirillo, Case #1733 The Agawam Zoning Board of Appeals held a public hearing on April 25, 2005, at 6:53 P.M.; at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA,-for all. parties interested in the appeal of Anthony Cirillo, who is seeking a Special Permit in accordance- with Section 180-7 of the Zoning Ordinances, which would allow for a change in the use ga non-conforming structure from residential to business at the premises identified as 1504-1t510 c " Main Street. o The members sitting on this case are Doreen Prouty, Chairperson, Gary Suffriti, Acting Vice Chairperson and Joseph Conte, Clerk. The Chairperson re-opened the public hearing at 6:53 P.M. This public hearing is a continuation from March 28, 2005. The petitioner, nor his attorney Mr. Richard Sypek attended the meeting. Chairperson Prouty stated that a decision needed to be made by May 15, 2005. Member Conte stated he heard that the petitioner was withdrawing his application, but the Board has not been notified. Chairperson Prouty made a motion and it was seconded by member Suffriti to close the public hearing at 7:00 P.M. and go immediately into a public meeting. All were in favor, none opposed. . Chairperson Prouty made a motion to vote to deny this Special Permit because the Board did not receive all pertinent information from the applicant. The vote to deny this Special Permit was unanimous as follows: Doreen Prouty, Chairperson no Gary Suffriti, Acting Vice Chairperson no Joseph Conte, Clerk no Chairperson Prouty made a motion and it was second-by member Suffriti-'to ctose-the public meeting at 7:03 P.M. All were in favor, none opposed. Chairperson Prouty stated that Attorney Brighenti, representing The,F.ederal; eguested to change the public hearing for the Federal to 7:30 P.M. because he was unable to make it for,7:00 P.M. because of a prior commitment. The Board.agreed to wait until 7:30 P.M. 2. A motion was made by Chairperson Prouty and seconded by member Conte to approve the minutes from March 28, 2005 as amended. All were in favor,none opposed. 3. Agarest, LLC,d/b/a The Federal Restaurant and Bar, Case#1734 The Agawam Zoning Board of Appeals held a public hearing on April 25, 2005, at 7:25 P.M., at the Library Conference Room,Agawam Public Library, 750 Cooper Street,Agawam, MA, for all parties interested in the appeal of Agarest,LLC, d/b/a The Federal Restaurant and Bar,(The Federal) which is seeking a Special Permit in accordance with Section 180-7(B2) of the Zoning Ordinances, to allow for the division of a non-conforming lot in order to create a residential lot (Lot#1) at the premises identified as 135 Cooper Street. Page 2 . April 25, 2005 The members sitting on this case are Doreen Prouty, Chairperson, Gary Suffriti, Acting Vice Chairperson and Joseph Conte, Clerk. The Chairperson re-opened the public hearing at 7:25 P.M. This public hearing is a continuation from March 28, 2005. Attorney Brighenti was in attendance, representing the petitioner. Member Conte stated his reason for opposition to this 'special permit is because it would be bringing the business closer to a residential area. He checked out the parcel, and noted it was being used as storage area by the business, and if the special permit is granted the storage area would locate to another part of the property,reducing the area of nonconformity. The use would not be healthy for the Town. The kitchen would be approximately 269 feet away from the nearest house and it might be noisy. This nonconforming use would be an encroachment of a residential area. They would be moving a business closer to a residential area. Chairperson Prouty stated all zoning requirements were met for this parcel. If the neighborhood had objected to this permit, she would object, but no neighbor voiced a complaint, based on the attendance at the meetings. Chairperson Prouty assumed if the neighbors objected, they would have voiced their concerns. Only one (1) abutting neighbor spoke in favor of the petition. Member Suffriti still feels that bringing nonconformity into neighborhood would be a move in the wrong direction and would make this property more nonconforming. Attorney Brighenti was allowed to speak for his client, stating the expansion of this nonconforming use would not be more detrimental to neighborhood. He also questioned member Conte on the storage question. Member Conte stated, the storage area, with a dumpster and other items out there, such as trash, is the property owners problem. Attorney Brighenti stated that increasing the nonconforming use of this property meets all the requirements, and the only reason this permit could be denied is if the Board felt it would be more detrimental to the neighborhood than the existing use. Member Conte stated it was detrimental to bring the business closer to the residential area. He does not want to see future neighborhood problems. Attorney Brighenti restaffed,-th&only reason this permit could be denied is if the Board felt it 'Was detrimental to the neighborhood. Chairperson Prouty made a motion and it was seconded by'member Suffriti'to vote-on this Special Permit, the result was as follows: - - -- Doreen Prouty, Chairperson yes Gary Suffriti,Acting Vice Chairperson no Joseph Conte, Clerk no A two to one vote, the Special Permit was denied. Attorney Brighenti asked to be advised of a time frame for the decision, so he could start an appeal. Chairperson Prouty said she would advise him when the decision was stamped in at the Town Clerk's Office. Member Conte stated he would write the reasons for the two opposing votes, which will become part of the decision. A motion was made by Chairperson Prouty and seconded by member Suffriti to close the public meeting at 7:45 P.M. All were in favor,none.opposed. Page 3 April 25, 2005 3. Chairperson Prouty made a copy of draft for Board members Suffriti and Harpin, of the Board's Rules and Regulations. 4. Chairperson Prouty passed out a notice for a"Fair Housing Meeting"for Thursday, April 28' at 5:00 P.M. at the Agawam Public Library. 5. Chairperson Prouty asked if there was any other business to come in front of the Board. There was none. She made a motion to close the hearing at 7:55 P.M. and it was seconded by member Suffriti. All were in favor,none opposed. . ,- BOARD OF APPEALS PUBLIC MEETING March 28, 2005 The following members attended the public meeting: Doreen Prouty, Chairperson Gary Suffriti, Acting Vice Chairperson Joseph Conte, Clerk Betty Manchino, Secretary 1. Anthony Cirillo, Case#1733 The Agawam Zoning Board of Appeals held a public hearing on March 28, 2005, at 6:30 P.I., the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA,Ar alf" parties interested in the appeal of Anthony Cirillo, who is seeking a Special Permit in acco4nce with Section 180-7 of the Zoning Ordinances, which would allow for a change in the use of a non-conforming structure from residential to business at the premises identified as 1504-1510 Main Street. The members sitting on this case are Doreen Prouty, Chairperson, Gary Suffriti, Acting Vice Chairperson and Joseph Conte, Clerk. The Chairperson re-opened the public hearing at 6:30 P.M. This public hearing is a continuation from March 14, 2005. Attorney Richard Sypek, of Ross & Ross, representing Mr. Cirillo,provided a copy of a letter he received from Town Solicitor, Thomas Locke, which the Board requested at the last public hearing, regarding the proposed use of the property, and the alteration of a non-conforming use. Chairperson Prouty read a letter from the Inspector of Buildings, dated March 17, 2005, stating he made an inspection of the property, and it was found that the two (2)buildings are attached by a deck, fence and foundation wall. A Ietter from the Engineering Department, dated March 25, 2005, stating numerous issues that need to be addressed. A letter from the Planning Board requesting that the Board of Appeals take no action until after their March 31, 2005 meeting, at which time a site plan review would have been done. The reason for taking so long for their review was because of the late filing of the plans. Chairperson Prouty brought to the Boards.attention that back taxes are owed to 'the Town for approximately$2,100.00 by the petitioner. A Town Ordinance passed-in 2002 requires payment of any overdue taxes before any permit can be issued. Any permit can be denied-for nonpayment of taxes. Attorney Sypek stated the tax issue would be up with his cfient fhe next day. Member Conte stated he still has a problem with the legal opinion from Attorney Locke. He feels it is vague. His question being, the conditions for uses as stated in the zoning-by-laws. He stated the discontinuance of a non-conforming use, all conditions of Chapter 180, must be in compliance. All non-conforming parts must be removed. Member Prouty disagrees. She believes Section 180-7, Paragraph C pertains to uses and not dimensional requirements. Once the change in use of a building happens, all the Town by-Laws must be in compliance. Member Suffriti questioned Attorney Sypek, regarding the Building Inspectors statement that the buildings were connected, and that his client stated at the last meeting the buildings were separate with no attachment. Attorney Sypek stated he never viewed the back building to see that the buildings were attached at the foundation. He asked, if his client takes off seven(7)feet of the foundation, can he use the buildings as separate buildings. Member Conte said Mr. Cirillo would not need a special permit from the Board. The Board told Mr. Sypek to speak with the Inspector of Buildings to see if this plan is feasible. ' Page 2 March 28, 2005 Attorney Sypek requested a continuation of the public hearing until he has time to speak with the Inspector of Buildings and address the issues from Conservation, Engineering, Planning and the taxes. Chairperson Prouty made a motion, and it was seconded by member Conte,to continue the public hearing to April 25, 2005 at 6:30 P.M. All were in favor, none opposed. 2. Agarest, LLC, d/b/a The Federal Restaurant and Bar Case#1734 'The Agawam Zoning Board of Appeals held a public meeting on March 28, 2005, at 7:20, at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Agarest, LLC, d/b/a The Federal Restaurant and Bar,(The Federal) which is seeking a Special Permit in accordance with Section 180-7 (B2) of the Zoning Ordinances, to allow for the division of a lot containing a nonconforming use, in order to create a residential lot(Lot#1) at the premises identified as 135 Cooper Street. The members sitting on this case are Doreen Prouty, Chairperson, Gary Suffriti, Acting Vice Chairperson and Joseph Conte, Clerk. The Chairperson re-opened the public hearing at 7:20 P.M. This public hearing is a continuation from March 14, 2005. Attorney Simon Brighenti, representing the petitioner, requested to record the public hearing. The Board granted his request, if the Board could receive a copy of the tape. Chairperson Prouty stated she had done research, and she found no pertinent information to deny the request. Member Conte stated he still had a problem with the request because it would be encroaching on the residential area. Member Suffriti agreed with member Conte, and that they would be making a non-conforming use more non-conforming because of the business use of this parcel. He stated, theoretically, two (2) more lots could be made on said property if something were to happen to the business. Chairperson Prouty made a motion, and it was seconded by member Suffriti to allow Attorney Brighenti to speak. All were in favor, none opposed. Attorney Brighenti stated the frontage on the lot was conforming, and making this lot would be productive for the Town(more tax money), and the business could benefit from the extra money. He stated there are no nonconforming dimensions on this lot, it has twice the setback requirement, it would make this piece of land-more.conforming, the use would not change and not a detriment to the neighborhood. Chairperson Prouty stated if the exp sio4;af anon- conforming use is not detrimental to the neighborhood,-it is allowed. The lotheing created passes all zoning requirements. No one expressed opposition at the public hearing: Abutter Mr. Tadia, adjacent to the proposed new lot, spoke in favor and said he didn't feel this would set a precedence for two (2) more lots. Member Suffriti has a problem with taking away 17,500 feet from the existing use. This would make the non-conforming property less for the business and more to residential use, making the business smaller. Attorney Brighenti stated the parcel meets all requirements for a building lot and a court would overrule any appeal. The only way to deny this petition would be because it would have a detrimental effect on the neighborhood. No aspect of the proposed new lot is being used by the business. Member Conte stated he still found it to be encroaching on the residential area. Members Conte and Suffriti are t Page 3 March 28, 2005 still not ready to make a decision. Attorney Brighenti asked for a continuance to April 25, 2005 at 7:00 P.M. Chairperson Prouty made a motion to continue the meeting to this date and time. It was seconded by member Suffriti. All in favor, none opposed. Chairperson Prouty made a motion to close the public meeting at 7:55 P.M. and it was seconded by member Suffriti. All were in favor, none opposed. 3. Omnipoint Holdings, Inc., Case#1735 The Agawam Zoning Board of Appeals held a public hearing on March 28, 2005, at 8:00 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street,Agawam, MA, for all parties interested in the appeal of Omnipoint Holdings, Inc., which is seeking a Special Permit in accordance with Section 180-90 through 180-103 of the Zoning Ordinances, which would allow for the installation of wireless communication antennas and equipment on to an existing utility tower at the premises identified as 695 Cooper Street The members sitting on this case are Doreen Prouty, Chairperson, Gary Suffriti,Acting Vice Chairperson and Joseph Conte, Clerk. The Chairperson opened the public hearing at 8:00 P.M. This public hearing is a continuation from March 14, 2005. Member Conte stated he was satisfied with the report, David Maxon from Broadcast Signal Lab, submitted to the Board, regarding compliance to the Town ordinances. Member Suffriti was happy the petitioner was using an existing structure. Attomey Brighenti stated that Mr. Maxon's report was not out of the ordinary and all areas were in compliance. Chairperson Prouty made a motion and it was seconded by member Suffriti to close the public hearing at 8:16 P.M. and go immediately into a public meeting. All were in favor, none opposed. Chairperson Prouty called for a vote to approve this Special Permit, the result of which is as follows: Doreen Prouty, Chairperson yes Gary Suffriti,Acting Vice Chairperson yes Joseph Conte, Clerk yes Chairperson Prouty made a motion and it was seconded by member'Conte to.close the"public hearing at 8:30 P.M. All were in favor, none opposed. _ 4. Chairperson Prouty made a motion and it was seconded by member Suffriti to-postpone the discussion of the Board's Rules and Regulations until the Lnext greeting:-All cadre in,favor, none opposed. 5. Chairperson Prouty made a motion and it was seconded by member Suffriti to accept the minutes from March 14, 2005 with a minor change. All were in favor, none opposed. 6. There was a discussion about the Pride Convenience selling flowers in their parking lot. This is in violation of their Special Permit#1711. it was decided that Chairperson Prouty would send Mr. Bolduc a letter stating that this is in violation of the Special Permit that was granted and it should not happen again. 7. Chairperson Prouty asked if there was any other business to come in front of the Board. There was none. She made a motion to close the hearing at 8:45 P.M. and it was seconded by member Conte. All were in favor, none opposed. TOWN OF AGA WAM 36 MAIN STREET AGAWAM, M-4 01001 DECISION OF BOARD OF APPEALS y, �AT�O N1P Petition of: Agarest, LLC, d/b/a/The Federal Restaurant and Bar Premises affected: 135 Cooper Street Date: April 25, 2005 Case#: 1734 The Agawam Board of Appeals conducted several public hearings prior to holding a public meeting on April 25, 2005, at the Library Conference Room,Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Agarest, LLC, d/b/a/The Federal Restaurant and Bar, which is seeking a Special Permit in accordance with Section 180-7 (B2) of the Zoning Ordinances to allow for the division of a non-conforming lot in order to create a residential lot(Lot#1) at the premises identified as 135 Cooper Street. 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 subject property has been in use as a restaurant since at least 1936. `— 3. The petitioner wishes to subdivide the subject property in order to create a separate residential lot. 4. The non-conforming use of the remaining Iand as a restaurant will not change. 5. Section 180-7 (B2) states that"...land...being put to a non-conforming use may be altqgd or enlarged in that use, but only after the granting of a permit thereof by the Board of,, Appeals". 6. Massachusetts General Laws, Chapter 40A, Section 6 allows for a pre-existing use to be extended or altered if the special permit granting authority finds that such change, extension or alteration shall not be substantially more detrimental than the existing non- conforming use to the neighborhood. 7. An area resident spoke in favor of this petition at the public hearing. 8. There was no opposition expressed at the public hearing nor received in writing by this Board. Member Conte and Suffriti feel the granting of this permit would be detrimental to the area and reduce the historical standing of the beautiful and majestic club. It would reduce the open space surrounding the restaurant by some eighteen percent(19%). Presently the restaurant is located approximately 190 feet from residentially used property along Fairview Avenue. This petition will bring the restaurant 130 feet closer to residentially used property. That would be a reduction in this buffer area of 68%. The present distance of 190 feet f Page 2 Agarest, LLC, d/b/a The Federal Restaurant and Bar Case#1734 to the neighbor, can clearly hear the kitchen activities, including conversations between the employees. By creating this new lot,you are reducing the lot area and bringing the business 130 feet closer to residentially used property. This in itself, does not appear to upgrade a non- conforming use,which is located in residential zone Al property,which is the most restricted residential zone in the City of Agawam. The present requested area now contains storage, surplus clippings, small garden area, and dumpster location. The above items are screened by natural growth of large trees. If this area-of 17,00 square feet is deleted from the clubs present area, than the use would have to be relocated on the balance of the present deduced premises. We must also consider the previous Special Permits that were granted. Would they have been granted if it were known a residential building would be built 130 feet closer to the non- conforming use. The permits include two additions to the main building, and an off street parking area. The reduction of the yard area by 17,000 square feet, and the creation of this��, building lot, certainly would of had some effect on the three previous permits. This parcel of7\ land containing the Federal Club is historically listed in the Town as a"historical site" 3- Considering all the above, it is the opinion of members Conte and Suffriti that granting of this request would have a harmful effect on the non-conforming business, and on the neighborhood in general. Member Prouty is in favor of granting the requested special permit. Her decision is based on the following facts. Both Massachusetts General Laws, Chapter 40A, Section 6 and Section 180-7 (B2) of the Town of Agawam's Zoning Ordinances allows for the expansion or alteration of a non-conforming use. An expansion of the non-conforming use of the existing restaurant will be created by the subdivision of the subject property. The remaining land will continue in its non- conforming use as a restaurant, and will continue to meet all other zoning requirements. The newly created residential lot will meet all zoning requirements, including use. No evidence was presented, nor was any opposition expressed by the area residents,that the requested extension or alteration would be substantially more detrimental than the existing non-conforming use to the neighborhood. As such, it is member Prouty's opinion that the petitioner's request to subdivide the subject property,which is being put to a non-conforming use has met the criteria as set forth by Massachusetts General Laws, Chapter 40A and Section 180-7 (B2) of the Town of Agawam's Zoning Ordinances. Therefore by a vote of 2 against (members Conte and Suffriti) and 1 in favor(member Prouty), the Agawam Zoning Board of Appeals denies the petitioner's request for the division of a non- conforming lot in order to create a residential lot. Doreen Prouty /y S Gary uffrit' Josle - onte BOARD OF APPEALS PUBLIC MEETING March 14, 2005 The following members attended the public meeting: '; Doreen Prouty, Chairperson Gary Suffriti, Acting Vice Chairperson Joseph Conte, Clerk Trina Davis Alternate Betty Manchino, Secretary ' 1. Anthony Cirillo, Case#1733 The Agawam Zoning Board of Appeals held a public hearing on March 14, 2005, at 6:00 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam,MA,for all parties interested in the appeal of Anthony Cirillo,who is seeking a Special Permit in accordance with Section 180-7 of the Zoning Ordinances, which would allow for a change in the use of a non-conforming structure from residential to business at the premises identified as 1504-1510 Main Street. The members sitting on this case are Doreen Prouty, Chairperson, Gary Suffriti, Acting,Vice Chairperson and Joseph Conte, Clerk. The Chairperson opened the public hearing at 6:00 P.M. This public hearing is a continuation from February 14, 2005. Attorney Richard Sypek,of Ross & Ross,representing Mr. Cirillo spoke with Town Solicitor, Thomas Locke. Attorney Locke indicated Mr. Cirillo did need to apply for a Special Permit and not a Variance,which was brought up by member Conte at the last meeting. Attorney Sypek passed out a copy of prior case law pertaining to his client's case. Attorney Sypek scheduled an on site meeting on March 11, 2005. The Engineering Department checked the plan, and a one-way entrance, and a twenty(20) foot berm is needed. The petitioner would not need Conservation approval. He is not changing the black top on the building site. The Historical Commission said the building, on the right,has historical value. It was the former Post Office. W. Cirillo said he is not using the building on the right,just the one on the left, for food preparation. The building on the right is shut down and boarded up. Mr. Ciri1Io is willing to do anything to the property that the Board requires, such as fencing it in,planting shrubs etc. Member Conte questioned again why Mr. Cirillo did not file for a variance. He believes the Board has no authority to grant a special permit or variance for setbacks,because the building does not have the required frontage. Member Conte requested Attorney Sypek to have Attorney Lock send the Board his written legal opinion on this matter, before the Board takes any further action. Chairperson Prouty advised the petitioner the Board is not taking a vote on this special permit, until it receives the legal opinion from Attorney Locke. Chairperson Prouty continued the public hearing to March 28, 2005 at 6:00 P.M. She made a motion, and it was seconded by Member Conte to close the public hearing at 6:50 P.M. All were in favor,none opposed. Page 2 • March 14, 2005 2.Agarest, LLC, d/b/a The Federal Restaurant and Bar The Agawam Zoning Board of Appeals held a public hearing on March 14, 2005, at 6:55 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street,Agawam, MA, for all parties interested in the appeal of Agarest, LLC, d/b/a The Federal Restaurant and Bar,(The Federal) which is seeking a Special Permit in accordance with Section 180-7 (B2) of the Zoning Ordinances, to allow for the division of a non-conforming lot in order to create a residential lot (Lot #1) at the premises identified as 135 Cooper Street. The members sitting on this case are Doreen Prouty, Chairperson, Gary Suffriti, Acting Vice Chairperson and Joseph Conte, Clerk. The Chairperson opened the public hearing at 6:55 P.M. She read the legal ad and explained the procedure that would be followed. Attorney Simon Brighenti, representing the petitioner, stated that his client is requesting the division of a non- conforming lot to create a residential lot at 135 Cooper Street. The plans were submitted to the Planning Board,but they did not take any action. Mr. Brighenti spoke with Dominic Urbinati, Inspector of Buildings, and Mr. Urbinati advised him he would need to apply for a special permit because the lot contains a non-conforming use. Attorney Brighenti said the lot is located at the corner of the property, and is not used by The Federal. It is a wooded area and the lot is 17,000 square feet. Lots in the area are predominantly smaller. Attorney Brighenti said it would not affect the use of the Federal's lighting, the house would be far enough away. Chairperson Prouty read the Planning Board's memo asking the Board of Appeals to table the petition until site plan is approved by the Planning Board. Chairperson Prouty questioned the petitioner about the Special Permit that was approved in 2003 for an outside dining(terrace) area. The petitioner said they decided not to go forward with the plans, due to business reasons. Member Conte said to make this a separate building lot would take away atmosphere from the Federal. Member Suffriti stated it would take away from the aesthetics of the business, and it would push the business closer to the residential area. Member Conte said by reducing the business lot, it would encroach on the surrounding residents. Abutter Donald Taddia, 32 Fairview Street, spoke in favor, saying it would be a major improvement to have a residential dwelling there instead of woods and trash. Attorney Brighenti said the petitioner would make a screening,remove dumpster, and change garden. It would bring in tax revenue for the town. They are trying to be good neighbors and compliment the town. Chairperson Prouty made a motion and it was seconded by member Suffriti to close the public hearing at 7:40 P.M. and go immediately into a public meeting. Member Conte said moving a residential dwelling closer to a non-conforming building could create problems. Chairperson Prouty agreed creating a greater non-conformity does not sound right, but feels there is no legal way to deny permit. Member Suffriti stated the Federal could sell, and the new owner could try to get a Special Permit to make another residential lot. Chairperson Prouty said the Board was not ready to make a decision. Chairperson Prouty made a motion and it was seconded by member Suffriti to reschedule the public hearing to March 28, 2005 at 6:30 P.M. All were in favor, none opposed. R Page 3 March 14, 2005 3. Omnipoint Holdings, Inc., Case#1735 . . The Agawam Zoning Board of Appeals held a public hearing on March 14, 2005, at 7:50 P.M., at the Library Conference Room,Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Omnipoint Holdings, Inc.,which is seeking a Special Permit in accordance with Section 180-90 through 180-103 of the Zoning Ordinances, which would allow for the installation of wireless communication antennas and equipment on to an existing utility tower at the premises identified as 677 Cooper Street The members sitting on this case are Doreen Prouty, Chairperson, Trim Davis,Acting Vice Chairperson and Joseph Conte, Clerk. The Chairperson opened the public hearing at 7:50 P.M. She read the legal ad and explained the procedure that would be followed. Chairperson Prouty referred to a letter from the Engineering Department, dated March 7, 2005 regarding the address of this parcel. The Correct address is 695 Cooper Street and not 677 Cooper Street which was previously assigned. Attorney Simon Brighenti,representing T Mobile, stated that the petitioner wants to provide service to customers using the existing tower which is on a parcel of land Western Mass. Electric Company owns. T. Mobile would lease the space. This equipment would provide service to gaps in town. The existing tower would add a ten (10) foot antenna and a six (6)foot chain link fence around the compound,with evergreens to be planted. The unit would be non-obtrusive and would be monitored 24 hours a day, 7 days a week. Chairperson Prouty advised Attorney Brighenti that under Section 18-95 of the Zoning Ordinances,the Board must hire an independent consultant to review the application, and file a report with the Board. This would be paid by the petitioner. Member Prouty said she would contact a consultant. She stated that the public hearing would have to be continued until the Board received said report. A motion was made by Chairperson Prouty and seconded by member Conte, to close the public hearing at 8:50 P.M. and reschedule it to March 28, 2005 at 7:00 P.M. All were in favor,none opposed. 4. Chairperson made a motion and it was seconded by member Suffriti to accept the minutes from February 14, 2005 with a minor change. All were in favor, none opposed 5. Chairperson requested that the Board discuss the Rules and Regulations at the next meeting. 6. Chairperson Prouty asked is there was any other business to come in front of the Board. There was none. She made a motion to close the hearing at 8:50 P.M. and it was seconded by member Conte. All were in favor, none opposed. ! f Town of Ag' aw.am 36 Main Street Agawam, Massachusetts 01-001-1837 Tel. 413-786-0400 Fax 413-786-9927 December 14, 2007 Williarn Ferry Governors America Corporation 720 Silver Street Agawam, MA 01001 Dear Mr. Ferry: At its duly called meeting held on December 6, 2007,'the Agawam Planning Board voted to approve the Site Plan entitled: "Proposed Site Plan- 720 Silver Street, Plan of Land in the Town of Agawam, Massachusetts, Hampden County- Prepared For GAC Realty Trust" prepared by Durkee, White, Towne and Chapdelaine and dated November 20, 2007 with the following conditions: 1. The comments contained in the Engineering Department memo dated December 6, 2007 and attached must be addressed. 2. The comments contained in the Fire Department memo dated November 5, 2007 and attached must be addressed. 3. The lighting shown on the north side of the property must be shielded. If you have any questions,please contact the Planning Office at 786-0400, extension 283. 0 Sincerely, rn IL Travis Ward, Acting Chairman Agawam Planning Board c •- cn cc: Clerk Building Engineering Forish Construction Co., Inc File a TOWN OF AGAWAM Department of Public Works 1000 Suffield Street Agawam, MA 0100i Tel (413) 8210600 Fax (413) 8210631 John P. Stone Superintendent MEMORANDUM To: Planning Board .�.� CC: John Stone--DPW Supt.; Jeffrey Casey—Forish Construction;File Fromc Engineering ,Date: December 6,2007 Subject: SP 519—Governors America Corporation—720 Silver SVeet Per your request,Engineering has reviewed the plans entitled"Plan of Land in the Town of Agawam, Massachusetts, Hampden County—Prepared for GAC Reality Trust, 11/20/2007 'and we have the following comments: Storm QLaire Comments: 1. Engineering recommends, but does not require,that the applicant consider installing a drywell or pother type of infiltration device at the bottom of the pond to alleviate standing water. The standing water may hinder with the pond's regular maintenance. Accessible Parking Comments; 2. It is to be noted on the plans that the accessible parking signage shall include a supplementary "5300 FINE" sign, with white lettering against a blue background. This supplementary sign is to be positioned below the main accessible parking sign. 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, J . Deck , E.I.T, Michael C.Chase,E.I.T. 1 Engineer I Interim Town Engineer s:Vp1519-governors America-720 silver sfl my 2,doc 1 T SETBA C N , �, AGA FIRE DEPARTE j t Q A9PRIOlAL �V 1 ff�I DATE.. . 1 V! SCR CN �On N1 a3 0 Sj R — �0 !ILO W ATER ff s IRK,, r 0 014 p 0- (' 'jrt w � o t 10 t . 41 �,l 1 ` v ` 0a t 4y � ti 1 'I vE.D RFr%r7" l I I� 5T A 2 03-1 � WEFt c� t I 32.0 ' TE NOV 0 5 IRON PIP F o R I' FOUND �. � r ` ti ��� Ox, .: i R ELEVATIONLi Al 9 )TED ON `na 1 ub­ Z PLANS = 186' J 00 -ING SITE PLAN 7 0 SILVER STREET PLAN OF LAND IN THE TOWN OF j s. AGAWAM, MASSACHUSETTS HAMPDEN COUNTY - PREPARED FOR sv `, GA C REAL T Y TRUST 'DELAiNE ' DURKEE, WHITE, TOWNE AND CHAPDELAINE s'33,8 CIVIL ENGINEERS AND LAND SURVEYORS sRV: 356 FRONT STREET CHICOPEE, MASSACHUSETTS — 01013 PHONE (413) 592-5164 DRAWN BY EJC DRAWING No. CHECKED BY _ DATE: 10/30/2007 62-2783 OF 2 APPROVED BY EJC SCALE 111 93.590 SCANNED = 30r SHEET AG 193.S 1 Massachusetts Department of Environmental Protection C � Bureau of Resource Protection - Wetlands _j DEP File Number: WPA Form 7 -- Extension Permit for Orders of Conditions 87-455 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 Fether Inc. - Elizabeth Grimaldi computer, use Name only the tab key to move 431 Springfield Street your cursor- Mailing Address do not use the Agawam MA 01001 retuumm-k-eyy. City/Town State Zip Code ,Irl i I 2. Property Owner(if different): same Name mom Mailing Address City/Town State Zip Code B. Authorization The Order of Conditions(or Extension Permit) issued to the applicant or property owner listed above on: June 12, 2003(Extension Permit) August 2, 2000 (Order of Conditions) Date for work at: Willow Glenn II Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for: Hampden 13297 11293 101 fZ County Book 541 Page Q'? C5 Certificate(it registered land) is hereby extended until: August 2,2006 :r^=. 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): June 12, 2003Date Issued by: Agawam _ August 11, 2005 Conservation Commission Date wpeformTdoc•rev.3/1/05 Page 1 of 3 DEP File Dumber: Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 7 — Extension Permit for Orders of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Finding Information (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(see Appendix A). S gnatures: v � Ma tichec F nk Henry A. ozloski Sher Becker On llth Of August , 2005 Day Month and Year before me personally appeared Steven Douglas, Frank Meagher, Sheryl Becker, Mark Soticheck, Henry A. _Kozloski to me kno to a person described in and who executed the foregoing instrdMIant and acknowledged`, that he/ a ex t th as is/her a act and deed. June 4 , 2010 Rotary Public My Commission Expires 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. vwa For-7 - Papa 2 of 3 Rev 0./= Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 87-455 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: Willow Glenn Estates II 87-455 Project Location DEP File Number has been recorded at the Registry of Deeds of: Hampden _ County for: 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 number which identifies this transaction is: Document Number Signature of Applicant wpaformTdoc•rev.311106 Page 3 of 3 Massachusetts Department of Environmental Protection DEP File Numh Bureau of Resource Protection - Wetlands WPA Form 8B — Certificate of Compliance Provided by DEI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Project information Important., 1 This Certificate of Compliance is issued to: When filling out . forms on the Attorney Raymond Gendron computer, use Name only the tab key to move 890 Springfield Street , Feeding Hills , your cursor- Mailing Address do not use the Feeding Hills MA 01030 return key. City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: _F6ther Inc. - Elizabeth Grimaldi Name r August 2 , 2000 87--455 - Dated DEP File Number 3. The project site is located at: willow Glenn Est . II Agawam ' Street Address C'ftyrrown c') c : Assessors Map/Plat Number Parcel/Lot Number Z the final Order of Condition was recorded at the Regist6'of Deeds for: Property Owner(if different) Hampden 11293 541 County Book Pegs Ext . Permit 13297 101 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 satisfactorlly 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 11 & 12 Blair ' s Hill Rodd ' (house Vs 54 and 38 , respectively: ) VWA Form 8E Pape 1 or 3 Ra.'0=0 Massachusetts Department of Environmental Protection DEP File Number. - Bureau of Resource Protection -Wetlands WPA Form 8B -- Certificate of Compliance Provided by DU Massachusetts WetlandsProtection Act M.G.L. c. 131, §40 ' B. Certification (cost.) r] 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 October 28 , 2004 Conservaiion 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). Signatur y F H n Steven boug14 1 rank Meag r On 28th Of October, 2004 Day Month and Year before me personally appeared the above—named members , whose identity was proven through Mass driver' s licenses.' Ito me kno o be person described in who executed the foregoing instrument and acknowl g t t Kefs the s as his/her free act and deed. June 4 , 2010 No ary Pubic My commission expires VRA Form 88 Page 2 of 3 Rev,02foo FF PeI916 Cie s a i,r Tr�h C/&�< t Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-0522 Massachusetts Wetlands Protection Act M.G.L. c. 131, §44 Provided by DEP A. Genera! Information Important: o 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 = n not use the w - return key. ❑ Amended Order of Conditions at C—) rTM VQ To: Applicant: Property Owner(if different from applicant): Cesare Ferrari Name Name 88 Burke Avenue Mailing Address Mailing Address West Springfield MA 01089 City/Town State Zip Code GtyfTown State Zip Code 1. Project Location: 2 Moore Street Agawam Street Address City/Town 117 1117 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for. Hampden 6656 5804 438 31 County Boots N Page Certificate(if registered land) 3. Dates: 4-27-06 7-13-06 7-13-06 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): Plan of Land, Agawam, MA, owned by Cesare &Carol Ferrari March 1, 2006, Title revised 6-19-06 Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Robert A. Foresi Name 6. Total Fee: $1500 (from Appendix B.Wetland Fee Transmittal Form) Wpafom5.dec•rev.12115/00 Page 1 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 8I-0522 t 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 0 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. wpabrm5.doc•rev.1205100 Page 2 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-0522 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 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 87-0522 " 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. W paferm5.doc•rev.12115100 Page 3 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-0522 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 Cerfficate 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. Wpeforrn5.doc•rev.12/15100 Page 4 of 7 TOWN OF AGAWAM, MASSACHUSETTS CONSERVATION COMMISSION ORDER OF CONDITIONS _ 87-0522 Moore Street - Ferrari 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. 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. 25. 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. 26. 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. 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 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 rile Number: L7 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. July 13 , 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). SignaturesFPP Cl.: , d r a o z ec a Be i e 1C zwee(:: i-1-- ran eagher teven ou a Henry A. Koz os�i On 13th Of July, 2006 Day Month and Year before me personally appeared Fred Harpin, Mark Soticheck, Sheryl Beirker, Jill Messick, Frank Meagher, Steven Douglas , Henry A. Koz os i to me known to be the person described in and who executed the foregoing instrument and acknowl d th els xecuted the me as his/her 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 17 , 2006 Date Date Wpeform5.doc•rev.12115/00 Page 5 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions . Provided by DEP 0522 Massachusetts Wetlands Protection Act M.G.L. c. 131, §44 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 b shall be submitted to the Conservation Commission listed below. Agawam Conservation Commission Wpaform&doc•rev.12l1WOO Page 6 of 7 M Massachusetts Department of Environmental Protection DEP File Number: L7Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-0522 Provided by DEP 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: 2 Moore Street 87-0522 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.12115100 Page 7 of 7 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 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 Gilbert Fortunato same return key. Name Name co 20 Nolan Lane ti f� Mailing Address Mailing Address Feeding Hills MA 01030 Cityrrown. State Zip Code CityfTown State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: sketch drawn on RDA recv'd. 11/25/05 Title Date Title Date Title Date 2. Date Request Filed: November 25, 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 chainlink, wooden or vinyl fencing Project Location: 20 Nolan Lane Feeding Hills Street Address City/Town F13 4/14 Assessors MaplPlat Number Parcelll-ot Number wpaform2.cloc•rev.12115100 Page 1 of 5 L11Massachusetts 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) istare 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 Byiaw Citation wpaform2.doc•rev.12115/00 Page 2 of 5 r 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 (cost_) ❑ 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): ❑ 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.12/15100 Page 3 of 5 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 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 delivered as follows: by hand delivery on ❑ by certified mail, return receipt requested on May 1 , 2006 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 applicar* [-:[-Signatures: April 27 , 2006 Date wpaform2.doc•rev.12115100 Page 4 of 5 Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Mp Tel. 413-786-0400 Fax 413-786-9927 EQ May 10, 2005 Ellen W. Freyman Shatz, Schwartz and Fentin, P.E. 1441 Main Street Springfield, MA 01103 Dear Attorney Freyman: At its duly called meeting held on May 5, 2005, the Agawam Planning Board voted to approve the Site Plan entitled"Agawam East, 628 Meadow Street,Agawam, MA 01001"prepared by Natcomm, LLC and dated March 29, 2005. If you have any questions, please do not hesitate to contact the Planning Office at 786-0400, extension 283. Sincerely, Dennis B. Hopkins, Chairman Agawam Planning Board cc: Clerk Building Engineering File � as Town of Ag' aw.am 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 February 4, 2008 0 Michael Frisbie Hunter Development Company Cn P.O. Box 366 r East Longmeadow, MA 01028 Dear Mr. Frisbie: At its duly called meeting held on January 31, 2008,the Agawam Planning Board voted to approve the revised plans entitled "Proposed Site Development, 237, 241 & 255 South Westfield Street, Agawam, Massachusetts, prepared for; Hunter Development Company, P. O. Box 366, East Longmeadow, MA 01028"prepared by MHF Design Consultants, Inc and dated October. 18, 2007, revised November 2, 2007 with the following conditions: • Comments contained in the Engineering memo dated January 31, 2008 and attached must be addressed. • The plan must be approved by the Agawam Conservation Commission. If you have any questions,please contact the Agawam Planning Office at 786-0400, extension 283. Sincerely, Travis Ward, Acting Chairman Agawam Planning Board cc: Clerk Building Engineering File A TOWN OF AGAWAM Department of`Public Works 1000 Suffield Street - Agawam, MA 01001 Tel (413) 8210600 • Fax (413) 8210631 John P.Stone . Superintendent MEMORANDUM To: Planning Board CC: John Stone—DPW Supt.; file From: Engineering Date: January 31, 2008 Subject: SP-501:Hunter Development—South Westfield St.—wised on 11/2/2007 Per your request, we have reviewed the Site Plan entitled"Hunter Development at the corner South Westfield Street and Shoemaker Lane, Agawam, MA; Prepared for! Hunter Development Company,P.Q.Box 366 East Longmeadow, MA; Prepared by: MHF Design Consultants,Inc., 103 Stiles Rand, Suite Otte Salem,New Hampshire; Scale: 1"=3 0%Date: January 7,2006,"and we have the following comments: Engineering has the following comments which can be addressed during construction: 1. The accessible parking spaces signs are to be retroreflective with white lettering against a blue background with the verbiage specified in MGL C.40 §22,A,: "Handicapped Parking: Special Plate Required Unauthorized Vehicles May Be Removed at Owner's Expense". The placements of the signs are to be in accordance with 521 CMR 23.00. 2_ The applicant may be required to install accessible ramps at the crosswalk between Lot A and B to meet ADA and AAB standards. If you have any questions please do not hesitate to contact this division. Sincerely, r r Vladimir Ciceres Michael C. Chase, P.E. Civil Engineer I Town Engineer s.qps 5D1 liwxerdevelopmea lmemo 5.doe f�isB �� Town of Agawam y 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 rn I n�. PLANNING BOARD r, D C p September 21, 2007 eP f Michael Frisbie Hunter Development Co. P.O. Box 366 East Longmeadow,MA 01028 Dear Mr. Frisbie: At its duly called meting held on ,September 20, 2007, the Agawam Planning Board voted to approve the revised Site Plan entitled"Site Plan- Assessors Map E8 Block 2 Lot 1, South Westfield Street& Shoemaker Lane, Agawam, Massachusetts, Prepared for Hunter Development Company, P.O. Box 366, East Longmeadow, Massachusetts 01028" prepared by MHF Design Consultants, Inc. and dated October 18, 2006, revised 9I14107 with the condition that the attached Engineering Department comments dated September 20, 2007 be addressed. If you have any questions, please contact this office at 786-0400, extension 283. Sincerely, )y Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD DBH/DSD:prk cc: Board of Appeals, Engineering, Building Insp., Town Clerk, File TOWN OF AGAWAM � s MEMORANDUM To. Planning Board; Michael Frisbee CC: John Stone—DPW Supt.,File From; Engineering Date: September 20, 2007 Subject: SP-501:Hunter Development— South Westfield St.—revised on 9/14/2007 Per your request received on 9/18/07, Engineering has reviewed the above referenced site plan and has the following comments: . 1. Engineering would like a complete set of plans once all changes are complete and the plans are approved. 2. The final set of plans should be stamped and signed by a Registered Professional Engineer. The following comments are from our previous memo dated July 5, 2007 and have not been addressed: Traffic/Parking: 1. Crosswalk striping between the two access ramps (on lots A & B) should be added to the plan_ 2. All accessible parking signage should meet the requirements of all Massachusetts and AAB/ADA regulations. Other general comments: 3. A Farm-A needs to be submitted to meet zoning requirements. 4. It is recommended that all appropriate easements be taken for the 3 proposed properties. The access and utility easements should have a written meets and bounds description. Please do not hesitate to contact this division with any questions or comments. S' ely, Michael C. Chase, E.Z.T. Town Engineer SASPLOI HUNURDEVELOPI'4F24T1ME1,909.DOC r A �w�'G2 �����° �v Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 ca c- D C C= E �r q, n r- 3 rfi July 6, 2007 z n c Michael Frisbie -- Hunter Development Company P.O. Box 366 East Longmeadow, MA 01028 Dear Mr. Frisbie: At its duly called meeting held on July 5, 2007, the Agawam Planning Board voted to approve the Site Plan entitled: "Site Plan _ Assessors Map E8 Block 2 Lot 1, South Westfield Street & Shoemaker Lane, Agawam, Massachusetts, Prepared for: Hunter Development Company, P.O. Box 366,East Longmeadow,Massachusetts 01028"prepared by MHF Design Consultants,Inc. and dated October 2006, revised May 15, 2007 with the following conditions: ■ The comments contained in the Engineering memo dated July 5, 2007 and attached must be addressed. ■ A review of the driveway to Shoemaker Lane will be conducted every six months and a report shall be submitted to the Planning Department. Three(3) copies of the final plan must 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 MHF Design Consultants, Inc. Building Engineering File r F {y f M TOWN -OF AGAWAM MEMORANDUM To: Planning Board; Michael Frisbee CC: John Stone—DPW Supt.,File Zk From: Engineering ,<=— n Date: July 5, 2007 r Subject: SP--501: Hunter Development—South Westfield St. _ >c Engineering has reviewed the above referenced site plan and has the following comments: �, rr - r. Traffic/Parking: 1. The submitted timing improvements for the Feeding Hills intersection (Springfield Street, South Westfield Street, North Westfield Street and Southwick Street)have an error in the layout of the lanes for Springfield Street. The proposed.report calls for two lanes: one right turn only and one leftlstraight through lane. Even though there currently is only one lane, typically drivers from two lanes: one lane for left turns; and a second for straight/right turns. The Town is currently looking into making possible improvements to this intersection which will include the above referenced layout for Springfield Street. Changing this lane layout will most likely affect the proposed timing changes especially for the Springfield Street west bound phase. 2. Crosswalk striping between the two access ramps should be added to the plan. 3. Lot A may not have sufficient accessible parking spaces once the properties are divided. 4. All accessible parking signage should meet the requirements of all Massachusetts and AABlADA regulations. Drainage: 5. Engineering has not completed its review of the final drainage design. However, the proposed drainage system appears to be adequate when compared to the previous submittal. Any minor changes to the drainage system can be addressed prior to approval of the DPW Stormdrain Permit, Other general comments: G. A Form A needs to be submitted to meet zoning requirements. 7. It is recommended that all appropriate easements be taken for the 3 proposed properties. The access and utility casements should have a written meets and bounds description. Please do not hesitate to contact this division with any questions or comments. Sincerely. Michael C. Chase, E.I.T. Town Engineer lk ENGINEER1SP1S01 MNTM DEVELOPMENTWEMO IDOL s r A G A W A M P L A N N I N G B 0 A R D 36 Main Street Agawam. Massachusetts 01001 Tel . 413-786-0400 Ext. 245 FORM A Application for Endorsement of Plan Believed Not to Require Approval FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-8 Date: , ,.Tlwa 1_ 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 apuaval under the Subdivision Control Law is not required. -•j c C_ 1 . NAME OF APPL I CANT Fun Farms, LLC C= r'� Address, 1399. Suffield Street, Navam, MA 2. NAME OF SURVEYOR Ben Inc. n •• cn AddressStreet - Westfield MA r 3. DEED OF PROPERTY RECORDED IN Hampden County Registry of �- d Book 10.V5 Page 361 A. LOCATION OF PROPERTY: Property is located at 1399 Suffield Street at the intersection: of South Street. 5. DESCRIBE THE PROPOSAL IN THIS 5UBM I SS I ON: The property is being divided into 2 parcels, each having adequate area and frontage to satisfy zoning requirements in the Business A Zone. ATTACHMENTS = TWO ORIGINALS AND THREE COPIES OF PLAN BY CERTIFIED LAND SURVEYOR. THE PLANS WILL BE DISTRIBUTED AS FOLLOWS= 1 ORIGINAL TO THE TOWN OF AGAWAM ENGINEERING DEPARTMENT-, ONE ORIGINAL TO BE RECORDED AT REGISTRY OF DEEDS BY THE APPLICANT, ONE COPY FOR THE ASSESSORS OFFICE, ONE COPY FOR THE PLANNING BOARD OFFICE, AND ONE CERTIFIED COPY FOR THE BUILDING DEPARTMENT. Signature of tlwne Dave Karmen, CEO 77� Address l uffield Street, A awam, MA A Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 PLANNING BOARD Q D z. CrN ry � D r June 26, 2007 D Richard M. Theroux Town Clerk 36 Main Street Agawam, MA 01001 Dear Mr. Theroux: Attached is an application for a Form A that was submitted on June 4, 2007 by Fun Farms, LLC. The Planning Board did not take action on this plan. The twenty-one(21) day time period for action has lapsed. Sincerely, Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD DBHIDSD#k cc: Building Department File A Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 M 0 4 r C N3 June 26, 2007 Z 3�` D C. I HEREBY CERTIFY THAT THE AGAWAM PLANNING BOARD DID NOT TAKE ACTION ON THE ATTACHED "APPROVAL NOT REQUIRED"PLAN FOR FUN FARMS LLC FOR PROPERTY LOCATED ON SUFFIELD/SOUTH STPE�S WITHIN THE TWENTY-ONE DAY PERIOD. . % l ATTEST; ' ichar M: erdu , Town Clerk { A G A W A M P L A N N I N G B 0 A R D 36 Maim Street Agawam, Massachusetts 01001 Tel . 413-7G6--0400 Ext. 245 FORM A Application for Endorsement of Plan Believed Not to Require ApRroval FILE ONE COMPLETED FORM WITH THE PLANNIMS BORD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REGXJ1RE11EA S OF SECTION 11-8 Date: _fig 1. 2007 _ 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 apps*�val '' under the Subdivisions Control Law is not required. 4 1 . NAME OF APPLICANT Fun Farms, LLC Address 1399 Suffield Street, A awam, NA 3X it 2. NAME OF SURVEYOR _ D.L. Bean, Inc. _T C7 Address _40 School Street - Westfield, MA 3. DEED OF PROPERTY RECORDED IN Hampden County Registry of Deeds Book_ 10505 _ Page 361 4. LOCATION OF PROPERTY: Property is located at 1399 Suffield Street at the intersection of South Street. 5. DESCRIBE THE PROPOSAL IN THIS SUBMISSION: The property is being divided into 2 parcels, each having adequate area and frontage to satisfy zoning requirements in the Business A Zone, ATTACHMENTS - TWO ORIGINALS AND THREE COPIES OF PLAN BY CERTIFIED LAND SURVEYOR. THE PLANS WILL BE DISTRIBUTED AS FOLLOWS: 1 ORIGINAL TO THE TOWN OF AGAWAM ENGINEERING DEPARTMENT, ONE ORIGINAL TO BE RECORDED AT REGISTRY OF DEEDS BY THE APPLICANT, ONE COPY FOR THE ASSESSORS OFFICE, ONE COPY FOR THE PLANNING BOARD OFFICE, AND ONE CERTIFIED COPY FOR THE BUILDING DEPARTMENT. Signature of Dave Kannen, CEO 771 Address 1399 Suffield Street, Agawam, MA