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I I I y ' `-'t l 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 C> 1j A. General Information Important: D When filling out From: 3 forms on the Agawarn _ y computer, use Conservation Commission O rn_. only the tab •• U, key to move To: Applicant Property Owner(if different from 5plicanf): your cursor- do not use the Renee Hamilton same return key. Name Name _ �`� 143 Forest Hill Road !/��..� Mailing Address Mailing Address Feeding Hills MA 01030 City/Town State Zip Code CityFrown State Zip Code inn 1. Title and Date(or Revised Date if applicable) of Final Plans and Other Documents: copy of Assessor's Plan submitted with RDAno dated n/a Title Date Title Date Title Date 2. Date Request Filed: September 5, 2007 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): enclose existing deck (16'x 18')and build 10' x 14' shed Project Location: 143 Forest Hill Road Feeding Hills Street Address CityTrown C15 2/15 Assessors Map/Plat Number Parcel/Lot Number wpatorrn2,doc•rev.12115l00 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 0 WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection)- 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 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(i ) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.6oc•rev.1211510Q Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 -- Determination of Applicability Massachusetts Wetlands Protection Act M.G.L._c. 131, §40_ B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or 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 fisted at the end of this document. ❑ 1. The area described in the Request is not are 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 afters an Area subject to protection under the Act. wpaform2.0oc•rev.12l15/00 Page 3 cf 5 Massachusetts Department of Environmental Protection ' - Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §44 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable 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 September 17 . 2007 — Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with ail other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office(see Appendix A) and the property owner(if different from the applicant). Signatures: September 13, 2GG7 Date wpaferm2.doc•rev.12l151CO Page 4 of 5 TOWN OF AGAWAM AGAWAM, MA S. 36 MAIN STREET OS Ai0V AGAWAM, MA 01001 2� H 11 r 26 - ... DECISION OF BOARD OF APPEALS D Ma e Petition of: Randy&Patrice Heaton Premises affected: 360 Pine Street Date: November 15, 2006 Case #. 1764 The Agawam Board of Appeals conducted a public hearing and meeting on November 13, 2006 at the Agawam Public Library Conference Room, 750 Cooper Street, Agawam, MA for all parties interested in the appeal of Randy& Patrice Heaton, who are seeking a Special Permit in accordance with Sections 180-7, Paragraph B2 of the Zoning Ordinances,which would allow for an addition to a non-conforming residential structure with less than the required front setback located at the premises identified as 360 Pine Street. After the public hearing and a thorough review of the facts presented, the Agawam Board of Appeals made the following findings: 1. The subject property is located in a Residential A2 district. 2. The petitioners wish to construct a bedroom (approximately 14'by 27) to the back of the existing dwelling. 3. Section 180-25: Setback requirements: Paragraph A states: "no part of any building shall be placed within thirty(30) feet of any street line". 4. The existing non-conforming structure has a front setback of twenty-nine (29') feet in its least dimension. 5. There will be no greater an encroachment than that which already exists. 6. Section 180-7 (B2) states that a non-conforming structure maybe altered or enlarged in that use,but only after the granting of a Special Permit by the Board of Appeals. 7. The site is an appropriate location for such a use. 8. The use, as developed, will not adversely affect the health, safety or property values of the neighborhood. 9. There will be no nuisance or potential hazard to vehicle or pedestrian safety. 10. The proposed use is not considered so objectionable or obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood. 11. The proposed use is not considered so objectionable of obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood. DECISION Randy&Patrice Heaton Case# 1764 Based on its findings, the Board is of the opinion that it is within the authority of the Board of Appeals to grant a Special Permit as stated under Section 180-7, Paragraph B2 of the Zoning Ordinances. Now, therefore, by a unanimous vote of its three members, the Zoning Board of Appeals hereby grants the petitioner a Special Permit to allow for construction of an addition to a residential dwelling with the following conditions: 1. The proposed addition shall be built according to the plans submitted and signed by the members of this Board. 2. This Special Permit is for relief from the front setback requirement only. 3. All other zoning and building requirements will be met. 4. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special Permit" form,which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. S. This Special Permit shall become null and void if a substantial use or construction authorized by the special permit does not commence within two (2) years from the date of this decision. This decision is subject to appeal in accordance with M.G.L. Ch. 40A, Section 17 within 20 days after this decision is filed with the Agawam Town Clerk. Doreen Prou Fred Harpi J0&lW0&e ll�zd/tea vro N) n. 3:r- X� T'QWN Q.FAGAWA,M kl;7—dlv, 36 MUN STREET ` AGAWAM, PJA 0I001 BOARD_ c n� A r May � 3rn I o Case # !„_ C_ --. rr Filed Hearin 1 ' U Application to Board of Appeals for SPECIAL PERhfI ' as provided in the Zoning and other By-laws. Applicant L Andwq` ddress Application is here y made for SPECIAL as provided by Section / Paragraph &45 of the Bylaw. Premises affected are situated on --- _ 'ii'! Street; feet distant from the corner of Street and known as street number Property is zoned as s r 7"a"t,466fo'wner or his authorized agent NOTICE; THIS APPLICATION MUST BE FILLED OUT IN IINW OR TYPE WR=E V �, Witress..AuX..hands and nil$ this.,.3flth ....... .......day of.. Signed,sealed and deli�,md in the prnenoe of ............................. el a re Jr Jr ............ ............................ .. 31,? Patricia K. Shoemaker ............ .... ................ ......... ...,.....,.................................. N7 ` Ln THE COMMONWEALTH OF MASSACHUSMS 't7 Hampden.IN, April 30 19 93 N Then personally appeared the above named +H�}�C Daniel J. shoemaker, Jr. and Patricia K. Shoemaker "~ and wknowledged the foreaaaginstrumenttohe the'r fmcaaaaddeed.beforeme APR 3 01993 ,c ( �.1 NpWylPublic �T "'•0 My Commission expires tIV/J 2WO MM THE OEflMMAL 9 K °7 so to ) N war y IV o f 3 o O a,O �' rn�s u GO t� c y S is lr ..!�� M g w to ITHE FOLLOWING IN NOT A PART OF THE I)EED.AND 1%NOT TO BE RECORDED) CHAPTER W. 'ECritm 11.GENERAL LAWS A deed in substance fallowing the form entitled 'Warranty Deed"shall,when duly executed, have the force and effect of a deed in fee simple to the grantee, his heirs and assigns,to his and their own use,with covenants on the part of the granlor,for himself,his heirs,executors,admini- strators and susxeasom with the grantee, his heirs.suocessom and assigns.that,at the time of the delivery of such deed, (f) he was lawfully seized is fee simple of the granted premises, (2)that the granted premises were free from all encumbrances, (3) that he had good right to sdi and convey the same to the grantee and his heirs and assigns. and (4) That he Will, and his hears, executors and administrators shall. warrant and defend the same to the grantee and his heirs and assigns against the lawful claims and demands of all perstms. RETURN M; Not. a NRS. RANDY S. fl$A7Mi 360 Pin MR= AGAS M MR 01001 F A TRUE PHOTOCOPY AS RECORDED IN HAMPDEN COUNTY REGISTRY OF DEEDS AND 11 15 SO CERTIFIED BOOK PAGE ATTEST., REGISTER s 03 PEA 10 �yt�3s We, DAMISL-J. SHOEMAKER, JR. and PATRICIA E. SHOZPJMR, husband and wife, both Agawam, Hampden C(unty.Massaahute M Q ' C-) for comWoration paid. lV f— in the amwset of EIGHTY-TWO THOUSAND FIVE HUNDRED FIFTY and 00/100 GJ1 �r1l ($82,550.00) DOLLARS ;tD Varsltu RANDY B. HUTOR and PATRICE M. MaTOR, husband and wife. 'D 3;K as tenants by the entirety, both of 145 Raymond Circle, Agawam, q.CD Hampden County, Maasachusetta, .Tj �" C< ai[h Vrlarraety Covenants � rn Certain real estate situate in AGAWAM, Hampden County, ssachusetts, being designated as Revised Lot 02 (two) as shown on he plan entitled aPLAH SHOWING REVISED LOT b1 i 02, Agawam, assachusetts, For Daniel Shoemaker, Jr....July 1, 1992...r as ecorded in Hampden County Registry of Deeds in Book of Plans 282, Page 19, said lot being bounded and described as follows, s01MEASTERLY by pine Street, as shown on said plan, Two Hundred Seventy-Eight and 09/100 (278-08) feet; SOUTHWESTERLY by revised Lot 01, as shown on said plan, Two Hundred Sixty-Eight and 81/100 (269-81) feet; a WESTERLY by land of owner unknown, as shown on said Plan, One Hundred seventy-Three and 80/100 (173.8o)f and Id NORTHERLY by land now or formerly of Geraldine R. Liquori, as shown on said plan Three Hundred y Seventy-Five and 89/100 (375.8S) feet. s Being a portion of the premises conveyed to the grantors herein by deed of Daniel 3. Shoemaker, Jr. dated November 12, 1986 and recorded in Hampden County Registry of Deeds in Book 6287, Page r 203. VA w 0 BEEN RSC 12 HA&DEN 14/30/93 ci�N5 TAX 378.98 CHCK 378.48 312'9A3a8 14 s 49 EXCISE TAX Town of Agawam Assessor's office 36 Main Street,Agawam, Massachusetts 01001-1837 aye Tel, 413 - 786-0400 x 205 Fax 413 - 786-9927 Email: assessor@agawam.mams September 21, 2006 Mr. &Mrs. Randy Heaton 360 Pine St. Feeding Hills,MA 01030-2764 Dear Mr. &Mrs. Heaton: RE: Abutters list for 360 Pine St.,Feeding Hills(D3-2-2) The attached abutters list for the above-named property has been certified with 22 abutters. If you have any questions,please call. Sincerely, Chester J. Nicora,Jr., MRA, GAA, GRI Acting Assessor PW --I-- Of Tows. of Agawam 36 MWA Street Agawam,MmachuMb 01001-1837 TeL 40-786416 1 FaxAI3-786-9927 DATE: 9/1W20M CERTII+'IfCAMN OF ABU'll'YM L]LST PROPERTY LOCATION: 360 Pine Street, Feeding Hills, MA, 01030 2764 MAP# D3 BLOCK 2 �..-LOT#. _. _ 2� CONTACT PMUON NAME: Randy S Patrice Heaton CONTACT p QN- SS 360 Pine Street, Feeding Hills,!IAA,01030.2764 CONTACT PERSON-PHONE NUMBER 413.788-0995 ABUTTERS Nam: LIQUORI GERALDINE _ D3 �B�><# 2 1 -- .. — - Map#_- Ad&m ofprop wty. 34Q PiNf._§jftgET FEEDING HILLS ,MA 01030 2764 Address of Owner: 340 PINE STRgET FEEDING HILLS. MA 01030-2764 - Name: KAFIKAMRAN ^9�' "r/. r1 MV# 03_Block* 2 LDW 10 Address of.Prop"-. 42 CRICKET RD FEEDING HILLS, MA 01030-2700 A ddreas ofowner: 42 CRICKET RD FEEDING HILLS ,MA 01030-2700 Cl a cn N 3 o Page ... ... ABU'TrERS parcel ID: Name: METZ JOHN K 03 Block# 2LAO _-1I. Address of property: 62 CRICKET RO FEEDINGHILLS,MA 01030 Ad&jsj cf Owner; 62 CRICKET RD FEEDINGHILLS,MA 01030 Name: DONOVAN JAMES F AI 12 Addmw ofprpgptty: -60 CRICKET RIB FEEDING HILLS,NIA 01030-2700 Add"of owner': $0 CRICKET RD FEEDING HILLS,MA 01030-2700 Name: _ .. . -- Map#D3. Block# Lo1#..-1 ._ Ad&M of ptzp,wty: 72 CRICKET ROAD FEEDING HILLS,MA 01030 Aft off 72 CRICKET ROAD FEEDING HILLS,MA 01030 Name: DREN'Z1r1t DEBRA L AW DS Block# 2 Lot# 14 ✓ g ofproputy, 82 CRICKET RD,FEEDING HILLS,MA 01030-2700 Add of O 82 CRICKET RID,FEEDING HILLS,MA 01030-2700 Nam. DUPRE JAMES w MO D3 lRlack#2^Lzo 3 Addm3 ofpropacrty: 370 PINE ST,FEEDING HILLS,MA 01030-2794 A drem of cNmea: STO PINE ST,FEEDING HILLS,MA 01030 2764 Natpa: WALLES DAVID S Map#03 Bkw #_ 2.� Ld# Addnm of p%mrty: 384 PINE ST,FEEDING HILLS,,MA 01030-27" Addren ofOwner 384 PINE ST,FEUDING HILLS,,MA 01030-27" Pagc 3 off AB M Name: LANE DAMES A - 03 Block#_2_Laf#_ -J__ A g o fly: 20 CRICKET RD,FEEDING HILLS,MA 01030-2700 Addmw ofpwnw. 20 CRICKET RD,FEEDING HILLS,MA 01030-2700 Nam_ SELLERS R013ERT JR _ p;�_ $kp& 2_Lo* f Adtbr.0 o fpr y: 32 CRICKET RD,FEEDING HILLS,MA 01030-2700 Atka of l7wnw 32 CRICKET RD,FEEDING HILLS,MA 01030-2700 Nam�. WW"ER RUSSELL G IV' 03 Mod* 3 7At+fI. I- AA&ws ofprpputy: 301 PINE ST,FENDING HILLS,MA 01030-2717 Aug ofpw,ei--301 PINE ST,FEEDING HILLS.MA 010304717 Na®e: WHEELER ARTHUR � 03 Brick# 3 Lot#2 AjftMOfprOpMjy 349 PINE ST,FEEDING HILLS,MA 01030 A&hwsofCNraw 349 PINE ST,FEEDING HILLS,MA 01030 Name: MCBRII HUGH A DS Block# 3 Lat# 3 A drm off : 371 PINE ST,FEEDING HILLS,MA 01030-7717 Ajdrawofomw 371 PINE ST,FEEDING HILLS,MA 01030-2717 Nam, LITCHFIELD PAIR A Map# 03 Bbck# I . 4 fAdd of property 393 PINE ST,FEEDING HILLS,MA 01030-2717 Addnmg of CNmw 393 PINE ST,FEEDING HILLS,ILIA 01030-2717 Pale —L off ABVrrERS Nam: LOIMBARDI JUUOUS C Man# 03 Block# 3 ypa# s ✓ �: 260 BARRY ST,FEEDING HILLS,MA 01030-2M Address ofOWUe r: 258 BARRY ST,FEEDING HILLS,MA OIOXI.2765 Noma: CHASE ROBERT H M __ Block# 4 Lo#10r...- V Adt ma of f: 52 CHRISTOPHER LANE,FEEDING HILLS,MA 01030-2816 Ad&uj0f0Wnw 62 CHPJSTOP14ER LANE,FEEDING HILLS,MA 01030-MI S Name_ LEYDON WILLIAM T Y'AV 03 . Blom#_4.� LW#... Address ofproparty.: 29 CRICKET RD,FEEDING HILLS,MA 01050-2731 Addrm of Owns:-23 CRICKET RD,FEEDING HILLS,MA 01030-2731 Nam:= GOURLEYSANUELJ+ �dJ�G, �,MW D3 Block#_ � LoW 3 AAdress o{'praperty 36 CRICKET RD,FEEDING HILLS,MA 01030-27M Address of owgw 86 CRICKET RD,FEEDING HILLS,MA 01=1-2700 Name: PILZ ANDREAS _ - --. -- M&p# 03 BIoCk# # Lot# 4 Addrm of property: 45 CRICKET RD,FEEDING HILLS,MA 01030 Address o f owne 45 CRICKET RO,FEEDING HILLS,MA 01030 ✓ Nam: COLSSON TNOMAS J ,Address orprVelty 63 CRICKET RD,FEEDING HILLS,MA 01030.2731 Addms of 0wna: 63 CRICKET RD,FEEDING HILLS,MA 01030-2731 1 • , ----P —I— of-- AJWTTMS Ham, O'CONNELL IRICHARD J qf' D3 Blook# 4 Lod# 6 Add$w ofp+ope ty: 77 CRICKET RD,FEEDING ,MA 01030 Ad&m ofoWAW 77 CRICKET RD,FEEDING HILLS,MA 01030 Name_ OAK RWGE GOLF CLUE INC. bbp# E2 Bloom. 1 f/ Address of p mpany: 2 Z �fa3c A&h"ofowzcr P O BOX 242, FEEDING MILLS,MA 01030-0242 Nam --- — Mp#.,�.+- Block# laW Ads of pn*uty Addrew ofOwnw. Name: Map# Block# Lot# Address ofproperty: Address ofO ndw. Name: .,_ _ ._ _ Mpg# BlooW Lot# Address of property: Address of Owaw. Name: Map# Bloat#— Lot#---.: Address of proparty: Address of Owner: mAss 06 SEP 2 5 Heaton P� rz. !2 � 360 Pixies Strube t Feedink, Iffi l , M A , 0 Photo Electric Smoke Detectors w ' Photo Electric Smoke ! carbon DetectorsU � v v 40 V a u f p ry iw✓ . . Heaton 360 pine street Feedin6 Hills, MA , Cellar nnot Flan photo Electric Smoke Detectors Cellar under 10' 3" Kite-hen t j I P #.0 tox' +at 191 101 himn.eq-� Wat er F xiace Tauk i t IC ellaa[under ;. eI J,aA ruin x ac�xa X >,. Cellar under 1 , 3w 14, i' i )8 J water Curcuit Main Btealken ' 34' Cr't Tire House Located on the Southwest Fait of the :Property and is set Lack 29.00 Feet from the toad r The Shed is 40M Feet from the Property Line and is set back D vjonally 10.00 Left of the horse and 32.00 Feet Back front the house also 100.04 Feet from the Road After the proposed addition is Brrilt the Shed will he 5.00 Feet behind the house and ° == =NT � 10.06 Feet Left of the house x The house measurement crow is 39.01 Feet (feel) with the Proposed Addition will rnaesme 66.07 I The proposed size far the addition is 27.06 Feet By 14.06 Feet) Feet back :rnl remain0.02 Feet wide This 1,leasurement inclrrrles a side porch which was on the house when purchased. F` I I ✓E /r 1 J fir J 1 1 1 � 1 1 1 , 1 � 1 - _ _ 1 ~mow 1 ~�. 1 1 1 y 1 » % f � � � y mono y 4 \ ƒ RANDY & PAT HEATON FOOTImm 20w x if ON ��P �� u�ISTUI�sEa EARTH �� � 3�� PlNE STREET � } Q� FEEDING HILLS MA. CONCRETE wAlls a� x s� '�r a„ PILL SEALER BETWEEN PRESSURE TREATER 12 -_. . '0"0 SILL PLATE AND CONCRETE SLAB) i SLAB FLOOD 3" THICK j (ON TOP CLEAR FILL) �,T8 � 18 ---� 2" X 4" STUD WALL 1 C S 6 0. . %1E �� ° ' R-13 INSULLATION. 001 ! z I 112" SHEETROCX - -- _ 2"X 4" WOOD TRUSS 2' O.C. r ( i x 36# L.L. 10# D.L. 18# BOTTOM CHORD D.L.- 4' C NC E E R I 7112 PITCH TO BE CONFIRMED IN FIELD O Tl N L D N H T' � i R-38INSULLATION, . , 1 8 SHEETROCK . � � 4 WINDOW & DOOR SCHEDULE $'10"1Z I 1 a'?"4 �_._____..........___..._._._ 2- 2'$" X 48" MASTER BDRM _ _..�__. _.__�._..� �___............._._.__.--._._._ --..___ • 1_ 2'6" X 2'4" STUDY ZTfi'+� 8'0" X61" VINYL SLIDING DOOR FOOTING 1'- 8" X 9' DEEP 01016 6118" BYPASS DOOR ( CLOSET) 2- PCS 618" REBAR CONTINUOUS 2-310" X 018" RAISED PANEL INTERIOR 30000 P.S.I. POURED ON UNDISTURBED SOIL EXTERIOR FINISH 314" CRUSHED STONE II DEEP. 314" 13LUEBOARD INSULLATION t _ VINYL. SUHNG ALUM. 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(ja tmji em r, -jr ............................. t... . Patricia K. Shoemaker THE COMMONWEALTH OF MASSACHUSETTS Hampden,ss. April 30 19 93 Then personally appeared the above named Daniel J. Shoemaker, Jr. and Patricia K. Shoemaker and acknowledged the foregoing instrument to be the'r free act and deed,before me N Public My Commission expires m O b aff x n r m " td k yg :w �roo o.� 0 Sao �C to 0 0 (n to o Q .� o m v N to C Z �'�+ Oao to o�i :1f 4 � 7 � 72 ti (THE FOLLOWING 15 NOT A PART OF THE DEED,AND t5 NOT TO BE RECORDED) CHAPTER 183,SECTION 11,GENERAL LAWS A deed in substance following the form entitled "Warranty Deed"shall, when duly executed, have the force and effect of a deed in fee simple to the grantee. his heirs and assigns, to his and their own use, with covenants on the part of the grantor, for himself, his heirs, executors,admini- strators and successors, with the grantee, his heirs, successors and assigns,that, at the time of the delivery of such deed, (1) he was lawfully seized in fee simple of the granted premises, (2) that the granted premises were free from all encumbrances, (3) that he had good right to sell and convey the same to the grantee and his heirs and assigns, and (4) that he will, and his heirs, executors and administrators shall, warrant and defend the same to the grantee and his heirs and assigns against the lawful claims and demands of all persons. _q4RTIUCATE OF TITLE Mortgagor(s) : RANDY B. HEATON and PATRICE M. HEATON Location: 360 Pine Street, Agawam, MA I certify that I have examined the record title of the mortgagors to the premises described in the within mortgage, which has been duly recorded, and do not find any material defects therein or prior encumbrances thereon, except those within referred to. My liability to the mortgagor(s) shall be limited to the amount of consideration shown on the deed. My liability to the mortgagee shall be limited to the amount of the mortgage at time of certification. Further, my liability shall otherwise be limited as provided in Massachusetts General Laws, Chapter 93, Section 70. I further certify that the mortgagors have been given a certification of title which complies with Massachusetts General laws, Chapter 93, Section 70, as amended. THE FF ES Y D. KOMACK Dated: April 30, 1993 BY: STANLEY D KOMACK We (I) have been informed that owners' title insurance protection is available and choose to purchase and owners' title policy. We (I) have been informed that the firm of STANLEY D. KOMACK, Attorney at Law, is agent for Lawyers Title Insurance Company and that the firm retains a portion of the premiums for its services in connection with the issuance of the policy. We (I) hereby certify that we (I) have received a copy of the 76-t, ertificate of title. 'A (wkz-, - &ce kj�� RXNDY TON PATRICE M. HEATON LAW OFFICES of STANLEY D. KOMACK 4 PRISCILLA STREET SPRINGFIRLDj, MA 01108 (413) 785-1851 ��N 117 Sk Efz�� 23��T Town of Agawam' 36 Main Street Agawam, Massachusetts 01001-1837 a` Tel. 413-786-0400 Fax 413-786-9927 0� August 18, 2006 _ a A C. GI: A= rV a Attorney Bart Heemskerk = 3 Tower Square Ca 1500 Main Street, Suite 2308 _ _T P.Q. Box 15188 r' Springfield, MA 01115-5188 a Dear Attorney Heemskerk: At its duly called meeting held on August 17,2006, the Agawam Planning Board voted to deny your request for a waiver of the Agawam Subdivision Rules and Regulations, § 159-23 A which requires that concrete sidewalks be constructed on both sides of each street in a subdivision to allow for the elimination of sidewalks on the easterly side of the Coyote Circle where the sidewalk abuts property of June Canders-Cloutier and Philip Cloutier,.1186 North Street Extension. The Board is of the opinion that the elimination of the sidewalk is not in the public's best interest and may, in fact, present a public safety hazard as this sidewalk leads to a bus stop for the Agawam Public Schools. The Planning Board is aware of the Cloutiers' concerns with regard to the possible ponding of water at the rear of their property. After extensive study by the Town Engineer and site visits by the Planning Board, the Board supports the Town Engineer's design. The proposed sidewalk abutting the Cloutiers has been designed to address drainage issues, while at the same time providing a safe means of access for the forty-nine (49) single-family house lots found in this subdivision. Sincerely, Dennis B. Hopkins, Chairman Agawam Planning Board cc: C k, Town Engineer, Solicitor, File c- T �? a ss } 1�EIzt Town of Agawp/'2 arn. .y' 36 Main Street Agawam, Massachusetts 01001-1837 z Py�A Tel. 413-786-0400 Fax 413-786-9927 April 21,2005 I HEREBY CERTIFY THAT THE AGAWAM PLANNING BOARD DID NOT TAKE =? ACTION ON THE ATTACHED "APPROVAL NOT REQUIRED"PLAN FOR HCRI `•"`' � MASSACHUSETTS PROPERTIES TRUST.I1 AND COMMONWEALTH COMMUNAS HOLDINGS, LLC FOR PROPERTY LOCATED ON SUFFIELD STREET WITHIN THE TWENTY-ONE DAY PERIOD. XX ATTEST: _1I Richard M. Theroux, Town Clerk ' Town- of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 ATEfl MP Tel. 413-786-0400 Fax 413-786-9927 PLANNING BOARD April 21, 2005 Richard M. Theroux Town Clerk 35 Main Street Agawam, MA 01001 Dear Mr. Theroux: Attached is an application for a Form A that was submitted on January 27, 2005 by HCRI Massachusetts Properties Trust II and Commonwealth Communities Holdings, LLC. The Planning Board did not take action on this plan. The twenty-one (21) day time period for action haslapsed. Sincerely, Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD DBH/DSD:pre cc: Building Department File Town ,of Agawam er 36 Main ,Street Agawam, Massachuset#s ED May Tel. 41.3-786-0400 Fax 3 7.864927 ' 2 7 FORM'A ` AD Application for Endorsement of Plan Not Believed to Require Approual FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B Agawam, MA January- 27 20 05 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. HCRI Massachusetts Properties Trust II and N) 1. Name of Applicant Commonwealth Communities Holdings, LLC Address 1200 Suffield Street, Agawam, MA 01001 2. Name of Surveyor Lewis & Cook Surveyors Address 69 Nipmuck Street, Palmer, MA 01069 L.� 3. Deed of Property Recorded in Hampden county 12676 241-244 Book - 11772 Page _ 5.73-575 - 4. Location of Property 11200 Suffield street 5. Describe the proposal in this submission: Transfer Parcel. "B-1" so that the required 100-foot frontage is obtained for. Parcel "B." and "C". ATTACHMENTS - Two originals and three copies of plan by certified land r. Fili $ 5.00. Signature of Owner Address 121 State Street 7c/ Richard Syp.ek Springfield, MA 01103 Ross & Ross 'Own .of Agawam lip 36 faiQnstreet Agawam, Massachusetts 01001�-1837 Tel. 413-796-0400 Fax 413-786-9927 FORM A Application Lor Endorsement of Plan Not Believed e it Apl2r I FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COS' WITM THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B Agawam, MA January--27 20 05 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. HCRI Massachusetts Properties Trust II and 1. Name of Applicant Commonwealth Communities Holdings, LLC Address 1200 Suffield Street, Agawam, MA 01001 2. Name of Surveyor_ Lewis & Cook Surveyors Address 69 Nipmuck Street, Palmer, MA 01069 3. Deed of Property Recorded in Hampden County 12676 241-244 Book_ 11772_ _ Page .573-575 4. Location of Property „_1200 Suffield Street 5. Describe the proposal in this submission: Transfer Parcel. "B-1" so that the required 100-foot frontage is obtained for Parcel "B" and "C". ATTACHMENTS - Two originals and three copies of plan by certified land r. Fili $ 5.00. Signature of Owner Address 121 State Street Springfield, MA 01103 c/ Richard Sypek Ross & Ross 4 ` REINHARDT ASSOCIATES architects 9 engineers interior designers planners January 27, 2005 Planning Board Town of Agawam _ 36 Main Street r Agawam, MA 01001 N r- Reference: Form A Application Rockport, MA Dear Board Members: On behalf of the Applicant, enclosed is a completed Application for Endorsement of Plan Not Believed to Require Approval (Form A). Included with the application are two (2) Mylar original and three (3) copies of a Plan of Land dated January 17, 2005 and a check for the required filing fee of thirty-five dollars ($35.00). A parcel, noted as "B-1", is being transferred so that the needed 100-foot frontage is afforded for two other parcels, designated "B" and uC". Since each parcel meets the required frontage and acreage on an existing way, it does not constitute a subdivision within the provisions of the Subdivision Control Law and request Planning Board determination and endorsement that approval under the Subdivision Control Law is not required. Also by copy of this letter, delivered in person, the applicant gives notice to the Town Clerk of the above submission for such a determination. If you have any questions regarding this matter, do not hesitate to contact our office. Sincerely, REINHARDT ASSQCIAT S INC. Richard T. Mis aszek, PE Senior Civil Engineer Enclosures cc: Town Clerk (Form A) R. Sypek (encls) D. Goodman, RAI File 1826 430 Main Street • Agawam, MA 01 D01-1827 • Tel, (413) 786 9600 • FAX (413) 786-8699 Town of Agawam ' 36 Main Street Agawam, Massachusetts 01001-1837 z DPy` Tel. 413-786-0400 Fax 413-786-9927 rn �� PLANNING BOARD %40 r November 16, 2007 Mark Hellstein 76 Coyote Circle Feeding Hills, MA 01030 . Dear Mr. Hellstein: At its meeting held on November 15, 2007, the Planning Board discussed the bond status of the Wild Turkey Estates subdivision. Attached please find a memo dated November 15, 2007 from the Engineering Department which recommends that the sidewalk at 76 Coyote Circle be installed as per the standard detail as approved in the definitive plans. As you will note, there was much effort put into addressing your concerns. The Planning Board has held back money from the developer's bond to complete this item. If you have any questions, please contact this office at 786-0400, extension 283. Sincerely, Travis Ward, Acting Chairman AGAWAM PLANNING BOARD TW/DSD:prk cc: Engineering Dept. Building Dept. ADA Committee � 11/1512007 16 :22 FAY 4136210631 (A602/007 TowN of AGAWAM INTEROFFICE - r MEMORANDUM To: Planning Board CC: File From: Engineering Date: November 15, 2007 Subject: Wild Turkey Estates- #76 Coyote Circle—Sidewalk issues; Remaining punch list items Per your request, Engineering has reviewed the remaining items on the punch list for the Wild Turkey Estates Subdivision and has the following comments: #fib Coyote Circle--Sidewalk issues: Engineering rerently met with Mr. Frank Mazzei of the Agawam Commission on Disability at the above referenced address to discuss the as-built driveway and missing sidewalk. Engineering has measured the driveway and provided our findings to Mr.Mazzei (see attached)_ Mr. Mazzei inspected the driveway and agreed with Engineering that a portion of the area where the sidewalk should have been installed does not meet the minimum pitch required (2%). However, he did say that in order to avoid ripping up the driveway, the Town could possibly get a written agreement or sidewalk easement from the-owners of#76 Coyote Circle_ The agreement would state that the owners would keep an area (2 feet from the right of way into the property for the entire length of the driveway) clear at all times in order to provide adequate accessible area that meets the minimum pitch requirements.This idea would allow for an accessible route for people to cross. Engineering has discussed this with the D.P.W. and is concerned that even if an easement is taken, there would still be an area (1-3 feet wide) where the sidewalk should be located on Town property that does not meet the required slopes (see attached). The slopes are drastically higher (5.6-11%) than the required winimurn of 2.0%. This would be a liability to the Town. Not to mention that getting an easement at this location is not in the best interests of the Town. Also, there would be no easy way to inform a pedestrian that they should walk on private property. Therefore, it is recommended that the Planning Board require that sidewalk,be installed as per our standard detail as described in the approved definitive plans and mentioned in our memo dated November 1, 2007. Engineering would like to thank Mr.Mazzei for his assistance on this issue. 11/15/2007 16:22 FAX 4139210631 Z 003/007 Lot 29 Swale Grading. On November 10, Mr. Fazio re-graded the swale behind Lot 29. Trees and shrubs were planted in the buffer strip on top of the berm along the south property line (see attached phoro). Mr. Fazio was able to save a good amount of the existing grass and re-plant it after grading the yard. However, the swale and berm portion of the yard was seeded. Hay was placed on top of the seeded areas. There is a concern that the seeding may not catch before the winter and may have to be re-seeded in the spring. Engineering made a site inspection during a rain storm on November 15'h. It appears that the tree belt was only mowed and wasn't re-loamed and seeded as per our memo dated October 12, 2006 (see attached). The hay and silt fence appear to be adequately reducing erosion on the site and silt from leaving the site. There were some very small puddles in the swale which may have been caused by the hay being spread over the area,but overall it seems to be working properly. If you have my questions,please do not hesitate to contact our division_ Sincerely, OAAZI Michael C. CA ,E.I.T. Interim Town Engineer 6:l4ubdiv�w2d[wrkcY%mcrnDs%76 covorc eircl r.Wwalk_02.dOc .4.� �y11/15/2007 16:22 FAX 4138210631 005/007 r T Yi A �L OWN OF AC- A WAM A l :0 MEMORANDUM To: Planning, Steve Lubarski— 108 Coyote Circle CC-- File From: Engineering Date- October 12, 2006 Subject. Grading- Lot 29— I08 Coyote Circle—Lubarsky•- Update It has come to Engineering's attention that our previous memo regarding Lot 29 (1 08.Co ote 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: 1. The owner showed Engineering the exact location of the back property lime. It is actual ly further south than what was previously thought. It now appears that the hack I foot tall 'arth berm' as 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 pr posed grads will be level when tlxey meet the existing grade at the property line. Although some stormwater will flow onto the neighboring property from the back of the berm, it will actually be less than what is c ently flowing there now and should also be much Iess 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 wal i er will flovr over a typical sidewalk. This means that the last 3 sidewalk panels should not need to be emoved replaced with a handicap ramp (as previously requested). 3, The sidewalk has been installed slightly higher than the adjacent grades alo g a maj oni y 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 larg stones. 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 benn within the 15' buffer. The plantings should be installed according to the schedule on the Defirlitive 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 tIiaw. It is too late in the year for seeding to catch and because this is a sen itive area, it is irnportarrt 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 ber� and swale, he just wants his yard graded properly. Prior to beginning any re-grading, a silt fence nee s to be in ailed along the south property line and should remain in place until vegetation has been estab fished_ If you have any questions or comments,please do not hesitate to contact our di ision. Sincere � Michael C. Chase, E.I.T. Civil Engineer 1I h'Senginecrbubdivlwild eurkoy,memaskIDC29 grading-oez 2006.doe 11 �f 11/15/2007 16:22 FAX 4138210631 f�j 006/007 'PIP c 1A s . W 1 L - ��p AM Art a Z,7 z_7? Agawam Engineering Div. BOARD OF APPEALS PUBLIC MEETING September 10 2007 The&llowing members attended the public meeting: CO � �''' Doreen Prouty, Chairperson Fred Harpin, Vice Chairperson LJJ X CO Joseph Conte-Clerk 3 0- Gary Suffriti_Alternate <Z can Larry Hoague,Alternate < fl-. Betty Manchino-Secretary 0 1. Case#1802-John's Auto Service Chairperson Prouty opened this public hearing at 6:OOPM by reading the public notice. Sitting on this case was Prouty, Harpin, and Suffriti. Speaking for John's Auto was Mr. John Kozah who stated he has been parking cars on this location for over fifteen years and there was never a problem. Chairperson Prouty read into record the Planning Board's memos to Mr. Kozah dated August 15u' and September 7"'. The September 7t'memo stated that the requested revised plan which was to include a plan drawn to scale, the showing of handicapped parking, fire lanes, pedestrian lanes and no overnight parking has not been submitted to the Planning Board. The memo from Sgt. Richard Niles was read into the record stating the primary concern would be for pedestrians utilizing the sidewalks that are within the entrance/exits. The Fire Department had no objections to this plan as long as the emergency vehicles have access to the parking lot. Chairperson Prouty asked Mr. Kozah if he owned the property or leased it. Mr. Kozah stated he leases the property. Chairperson Prouty read Section 180-31 which states that the owner of the property must join the application. She told Mr. Kozak that a letter of approval from the property owner agreeing to allow for this parking would be acceptable. Mr. Kozah stated that by the time he gets the letter from the owner to the Planning Board and his site plan is approved by Planning, The"Big E"will be over. Mr. Kozah submitted a new plan at this hearing which shows the placement of the lighting,2 handicapped and regular parking spaces. He also stated he has lined these spaces on the property. Chairperson asked for the measurements of these spaces_and Mr. Kozah stated that he used a truck as the basis for the measurements. Member Suff7iti stated that there has never been a safety issue on that comer and Mr. Kozak has submitted a plan showing all that is needed. There was discussion regarding the parking spaces that abut the sidewalks. Chairperson Prouty read Section 180-132, Paragraph B4 which states that at no times shall vehicles utilize the public way to access or exit from parking spaces. 'Mr. Kozah stated that he has strung yellow tape to prevent such access. Member Suffriti agreed this would be sufficient. Page 1 of 5 The hearing was opened to the public and no one spoke in favor or against this petition. Members Harpin and Prouty agreed that the requirements as stated under Article XVIII have not yet been fulfilled. Chairperson Prouty stated that the petitioner must go back to Planning and also get approval from the property owner. She explained to Mr. Kozah that, in her opinion,he has 3 options: 1) request for a vote tonight, 2)withdraw his petition,or 3) continue the hearing to a later date. Mr. Kozah opted to continue his public hearing; It was agreed with Mr. Kozah to continue this hearing until December. The reason for such delay is to allow enough time to see what the Town Council will do with Article XVIII since they have publicly announced they will begin the process to amend this ordinance. The new hearing date is December 10, 2007 at 6:30 PM. 2. Case#1803-Sanders Chairperson Prouty opened this public hearing at 6:45PM by reading the public notice. Sitting on this case were Prouty, Harpin and Suffriti. Marcel Sanders the petitioner explained he was looking a permit to park cars at 53-67 Springfield Street, the Food Mart property. Chairperson Prouty read into the record the approval of the Planning Board,the memo from the Police Department recommending one off-duty police officer to work at the crosswalk at Walnut Street, and Engineering requesting that 22 spaces be marked as handicapped parking. Mr. Conte questioned if tractor trailer storage would be allowed and Mr. Sanders advised only motor vehicles. Mr. Suffriti stated that the board would have a site visit on Friday to make sure all the lights are working and the 22 handicapped parking spaces are marked. Members Harpin and Prouty did not feel this is necessary. Member Suffriti stated he will inspect the site on Friday to make sure. The board requested if anyone wanted to speak in favor of this request. Mr. Antoni Vielleux questioned why he did not have to wait the 20 day appeal period as on most permits. Members Conte and Suffhti stated that there is a 20 day appeal period. Mr.Sanders could park before this appeal period has lapsed,however, if an appeal is filed, Mr. Sanders would e subject to the fines associated with parking. Member Prouty disagrees. She explained to Mr. Sanders that, in her opinion,he could not park vehicles until after the 20 day appeal period and he should consult a lawyer for advice since there is a disagreement between the Board members on this issue. The members agreed to vote in favor of this petitioner with certain conditions which included all the conditions and criteria as stated under Article XVIII,providing the Police Department with a contact number and recording the Special Permit with the Hampden County Registry of Deeds. The public hearing was closed at 7:15PM and went into a public meeting. Chairperson Prouty stated that providing all the requirements as stated under Article XVIII have been met and that this Special Permit should be granted. Page 2 of 5 Vote Suffriti-yeah Harpin-yeah Prouty-yeah Public Meeting closed at 7:20PM. 3. Case#1801-Wassung Chairperson Prouty opened this public hearing at 7:20PM by reading the public notice. Sitting on this case was Suffriti, Hoague and Prouty. Mr. Andre Bilodeau of East Longmeadow Builders explained that the petitioners are seeking a permit to put an addition to their dwelling which is not in compliance but the addition for a living room and bathroom will be in compliance. Chairperson Prouty read into the record letters from Police and Fire Department who have no issues with this construction. Hearing opened to the public. Speaking in favor of this petition were Neil Smith, 56 Memorial Drive and Peter Allan 70 Memorial Drive. The Board went directly into a public meeting and Chairperson Prouty made the recommendation that the Board accept this petition as it is pretty straightforward and reminded the petitioners to meet all zoning requirements. The Board members agreed to grant this petition with the usual conditions which include constructin according to the plan submitted,meeting all zoning and building requirements, recording with the Hampden County Registry of Deeds and the Special Permit is valid for two years. Vote Suffriti-Yeah Hoague-Yeah Prouty-Yeah 4. Case#`]796- H.P. Hood Chairperson Prouty opened this public hearing at 7:35PM by reading the public notice. Sitting on this case was Harpin, Conte and Hoague. Mr. Sullivan from H.P. Hood explained that this additional silo is needed to store 40-000 gallons of finished products. The volume at this plant has doubled due to the closing of two other Hood facilities. Mr. Hoague questioned if there would be any advertising on this silo and was advised no. Vice-Chairman Harpin read into the record the approval of the Planning Board. No comments by the Public. Page 3 of 5 Public Hearing closed at 7:47 by Harpin seconded by Hoague. Board went directly into a public meeting. Hoague made the recommendation to accept if the tower is not over 58 feet high, there is no signage and the previous tree line is kept in tact. Vote Conte-yeah Harpin-yeah Hoague-yeah Public meeting closed at 7:46PM 5. Case#1797-Liquori Vice-Chairperson Harpin reopened this public hearing at 7:50PM. Sitting on this case was Harpin, Hoague and Conte. Attorney Liquori represented Mr. Liquori stating that he has owned this land on Cooper Street since 1909 and he is requesting to keeping his construction equipment on this land. This is a question of equittable rights as the Town has taken away land from the petitioner to build the High School and the Library. Acting Chairperson Harpin asked why the petitioner did not seek a zone change as was discussed at the previous meeting and Attorney Liquori stated that he though it would be impossible to get a zone change. W. Halpin advised that the land is zoned residentialA-2 Agricultural, and in order to store this equipment it would have to be zoned differently. Mr. Conte agreed with Mr. Harpin that the Board's hands are tied by not having this property in the right zoning. Attorney Liquori thought the Board could grandfather this land since it was operated as a construction company since 1948. The Board questioned if he had documentation stating this fact but Attorney did not have the proper paperwork. The Board once again advised the attorney that a zone change was necessary for the storage of this equipment Public hearing was closed at 8:15PM. Board went into public meeting. Mr. Hoague stated that he has lived here over 30 years and never realized that Mr. Liquori had a construction business. Mr. Conte stated that a recognizable construction business is not allowable use in residential A-2 and zone. Vote Conte-no Harpin-no Hoague-no Public meeting closed at 8:15PM. Page 4 of 5 TOWN OFAGAWAM 36 MAIN STREET AGAWAM, MA 01001 0 DECISION OF BOARD OF APPEALS D�1Py m 3:" Petition of. H.P. Hood, Inc. t"Y. C_ n Premises affected: 233 Main Street Date: September, 10 2007 Case#: 1796 The Board of Appeals conducted a public hearing and meeting on September 10, 2007 at the Agawam Public Library Conference Room, 750 Cooper Street, Agawam, MA for all parties interested in the appeal of H.P. Hood., which is seeking a Special Permit in accordance with Section 180-56 of the Zoning Ordinances, which would allow for the construction of an addition(milk silo) in excess of the forty(40') foot height requirement at the premises identified as 233 Main Street. After the public hearing and a thorough review of the facts presented, the Agawam Board of Appeals made the following findings: 1. The subject property is located in an Industrial A district. 2. The petitioner wishes to construct a fifty-eight(58') foot high, forty thousand(40,000) gallon milk silo. 3. Section 180-56 of the Town's Zoning Ordinances states: "Industrial buildings shall not exceed two stories or 40 feet in height, except with approval of the Board of Appeals after a public hearing". 4. The proposed silo received approval from the Planning Board on July 5, 2007. 5. The site is an appropriate location for such a use. 6. The use, as developed, will not adversely affect the health, safety or property values of the neighborhood. 7. There will be no nuisance or potential hazard to vehicle or pedestrian safety. 8. The proposed use is not considered so objectionable or obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood. 9. The proposed use is not considered so objectionable of obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood. Based on its findings, the Board-is of the opinion that it is within the authority of the Board of Appeals to grant a Special Permit as stated under Section 180-56 of the Zoning Ordinances. Now, therefore, by a unanimous vote of its three members, the Zoning Board of Appeals hereby grants the petitioner a Special Permit to allow for the construction of a milk silo with the following conditions: IYECISION (p.2) -H.P. Hood Case# 1796 1. The proposed silo shall be constructed according to the plan submitted entitled "Site Plan from Thomas Wilson &Associates, Inc.", dated February 14, 1996 and signed by the members of this board. 2. This Special Permit is granted for the height of the silo only( 58'). The proposed silo shall meet all other local, state and federal requirements. 3. There shall be no placement of any advertisements on the proposed silo. 4. The existing tree line shall not be disturbed. 5. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special Permit" form, which shall be provided by this Board and proof of said filing must be submitted to this Board.and to the Inspector of Buildings. 6. This Special Permit shall become null and void if construction does not commence within two (2)years from the date of this decision. This decision is subject to appeal in accordance with M.G.L. Ch. 40A, Section 17 within 20 days after this decision is filed with the Agawam Town Clerk. ZTV Joseph Conte r� �� Fred oa 1�7��jo? off � Fd Hi do I> Town of Agawam • � •» � 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 July b, 2007 ::Ec a, a r` Donald Sullivan 3 H. P. Hood a c: 233 Main Street Agawam, MA 01001 Dear Mr. Sullivan: At its duly called meeting held on July 5, 2007, the Agawam Planning Board voted to approve the Site Plan for the new milk silo to be located at your facility at 233 Main Street,Agawam with the condition that any Engineering comments must be met. If you have any questions, please contact the Planning Office at 786-0400, extension 283. Sincerely, as> Dennis B. Hopkins, Chairman Agawam Planning Board cc: Clerk Engineering Design Building Engineering File � ........... . .........:.............. ytit, TOWN OF AGAWAM FOR OFFICE USE ONLY ,ta 36 MAIN STREET Case #: 1 f] ;0; AGAWAM, MA 01001 Filed 7 BOARD OF APPEALS Hearing T 3�27 ATE May Expires: �D/�./1 `'— T Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and other By-laws. Applicant 0 c, D_ Address •Z- 3 3 M ot jell 5T Application is hereby made for a SPECIAL PERMIT as provided by Section l � o Paragraph I(, _ _ of the By-law. Premises affected are situated on NA 'd Street; 9 a feet distant from the corner of fl lfR A L, _ Street and known as street number 2-33 Property is zoned as s-r R Reason(s) for request of Special Permit: _. a ac7 3� T-A L L A<Ti o ni 0 F IA-- !rC> �O 0 0 �r-r4L-L-t fil li-1-<- S j 14 G cs M A —L T d e_e_ f_ H I fr 1d A-k v a+ t o i~. C:o /J_ A Q . 14411-1c, _S e�..eS ► rJ ca hSo;,cl rlA-TL-T- S'� 'F���i✓ �11 (44 _ Lr$a y c= - cc.,j PAD r r4s Signature of owner or his authorized agent: �JG Telephone #: I y Zy3 NOTICE. THIS APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN 1 Bk 13330 Rg509 #71281 06-30-2003 0 1 1 ! 44a QUITCLAIM DEED H.P.Hood&Sons, Inc.,a Massachusetts corporation,having a mailing address of 90 Everett Avenue, Chelsea,Massachusetts 02150,for consideration paid and in full consideration of One Dollar and NO/100($1.00)does hereby grant to its parent,HP Hood Inc., a Massachusetts corporation,having a mailing address of 90 Everett Avenue, Chelsea,Massachusetts 02150, with quitclaim covenants,that certain parcel of land with the buildings thereon situate in Agawam,Hampden County,Massachusetts,now known and numbered as 233 Main Street, further bounded and described on Exhibit A attached hereto and made a part hereof. The premises are conveyed subject to,and with the benefit of, all rights, reservations,restrictions, easements and other matters of record, insofar as the same are now in force and applicable, [Remainder of page left blank intentionally.] Rs0189609;2f Bk I3330 Rg510 #71291 EXECUTED as a sealed instrument as of this 9'14"day of June,2003. H.P. Hood& Sons, Inc. By: Jo . Kaneb P dent By. — ,fTheresa M. Bresten Treasurer COMMONWEALTH OF MASSACHUSETTS County of Suffolk June 26. 2003 Then personally appeared the above-named John A. Kaneb,President of H.P. Hood & Sons, Inc., and Theresa M. Bresten,Treasurer of H.P.Hood& Sons,Inc.,and acknowledged the foregoing to be their free act and deed and the free act and deed of H.P. Hood&Sons, Inc. before me, Notary Public Print name: Camille M. Dicocco My commission expires: 9 25 a 3 [Affix Official Seal Hereto3 EB0S89609;21 Bk 13330 R9511 #712SI [Agawam,Massachusetts] EXI-HBIT A UNREGISTERED PARCEL The land, together with all buildings and improvements thereon, shown as Unregistered Parcel A on a plan of land entitled "Title Insurance Plan of Land in Agawam, Massachusetts, Owned by H.P. Hood & Sons, Inc., Survey at 233 Main Street, Agawam, Massachusetts", dated March 26, 1995, Prepared by Thomas Wilson and Associates and Thompson-Liston Associates, Inc., recorded with the Hampden County Registry of Deeds, Plan Book 305,Pages 118 and 119,bounded and described as follows: COMMENCING at the northwesterly corner of Unregistered Parcel A; thence S. 79 degrees 11' 59" E. by Deed Line in 2424/207 "By the Meadow Road" 29394 feet; thence N. 10 degrees 38' OT' E. by land n/f heirs of Charles L. Goodhue, 21 feet, more or less; thence SOUTHEASTERLY by the Westfield River (aWa Agawam River), 603 feet, more or less; thence S. 58 degrees 10'08" E. by land n/f Thomas H. Stapleton at"The Noddle", 79 feet more or less; thence N. 06 degrees 32' l 9"E. by land n/f Thomas H. Stapleton at"The Noddle", 24 feet,more or less; thence SOUTHEASTERLY by the Westfield River (a/k/a Agawam River), 168 feet, more or less; thence S. 02 degrees 39' 00"W. by land n/f Alfred M. Grasso,219 feet,more or less; thence S. 55 degrees 21' 00"E. by land n/f Alfred M. Grasso, 155.00 feet; thence S. 54 degrees 23' 38"W. by land n/f Frank A. Grasso,50 feet;thence N. 65 degrees 58' 00" W. by land n/f Frank A. Grasso,99.00 feet;thence N. 46 degrees 20' 00"W.by land of Southworth Company,231.30 feet;thence N. 79 degrees 20' 47"W. by land of Southworth Company, 163.02 feet;thence S. 27 degrees 37' 43"W.by land of Southworth Company,410.50 feet; thence N. 39 degrees 37'49"W.by Parcel 10, 707.52 feet; thence 1130189609;21 s Ilk 13330 Pg512 #71281 N. 39 degrees 40' 00"W. by Parcel 5, 197.14 feet to the point and place of beginning. EXCEPTING from the above-described premises Parcel No. 1 as shown on said Plan, conveyed to the Town of Agawam by Deed, dated June 15, 1992, recorded with said Deeds,Book 8108,Fage 27. Unregistered Parcel A containing according to said Plan 7.5 acres more or less. REGISTERED PARCEL A certain parcel of land situate in Agawam in the County of Hampden and said Commonwealth bounded and described as follows: SOUTHWESTERLY by the Northeasterly line of Main Street, 527A9 feet; NORTHWESTERLY 218 feet; SOUTHWESTERLY 200 feet by Lot 9 as shown on a plan hereinafter mentioned; NORTHWESTERLY by Lot No. 5 as shown on plan filed with Certificate of Title No. 7002, 401.18 feet; NORTHEASTERLY by land now or formerly of Robert W. Day, 707.52 feet; and SOUTHEASTERLY by Lot No. 11 as shown on first above mentioned plan,623.39 feet. Said land is shown as Lot 10 on the first above plan. All of said boundaries are determined by the Court to be located as shown on subdivision plan numbered 1369-E, Drawn by Durkee, White & Towne, Engineers, dated January, 1958, as approved by the Court, filed in the Land Registration Office, Certificate of Title No. 9049 and being the premises described in Certificate of Title No. 19691. The within described land is subject to aqueduct provisions set forth in a deed from Charles L. Goodhue to Stetson T. Wamer, dated May 23, 1898, and recorded with Hampden Deeds Book 578,Page 93. Together with the benefit of the covenant as set forth in Document No.24434. KA1�1P01T1 .�� IBais9604;21 t A TRUE PHOTOCOPY AS RECORDED IN HAMPDEN COUNTY REGISTRY OF DEEDS AND IT IS SO CERTIFIED BOOK F 113 C PAGE ATTEST: REG1.31 CR 1 �Y :-� F e � l le -144 i 3 I i i !E{REFI ----— — f d 'q 1 I 140 r ' p 1 145 1/2 0.0. ' J ( 26 /2 .` 125 1/4 __ G 1/4 FREE) } FOR 1E -EST REQ'J REMEN'S S=£ ESQ :DRCuED:tR£ EhC: 13? CUSTWER NAVE -hvs era..oq -CPA—NV NN:V °Y SA;ES ORDER �s the o,e0erl y of the PAJL :AWN GREEN LLLQ sUs-:,oje tC o�eT.11 D,Lreq!esta 01:DATE 4-ZD-96 P 9 3)x 828/SMNMELC,M,SSWPo 65A0t_0825, a&n! this eampaay i c n'ormcTiv sha,6PEVIEwEC BY SCALE CHG 10 NEV."STYLE AGIT ASSY is coo;cc,tal Q.a the rkciga ov J:M P7ERDJSCN A J E F 5-23_p ccep5aq to d—rc agrees rot 0 01563"=1" tc use e y Ic e:;or centorea DAZE j-23—CO 5YM. CHA'J VE BY DATE Inereon � o r o ner wt c'+ xil '11E _n!: n _ rr�� ©RAw/;tv'�GfI�"�NG ��77 I Z 1 RE''JI5DhS to detnmertd to the Pal. �V.- GAL � L'.J Gl�i.fL I 2J - t _ _-. MUELLEF. CO A 'own of Agawam w 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 PLANNING BOARD December 19,2007 Philip Houser 33 Mcadowbrook Road Longmeadow, MA 01106 Dear Mr. Houser: At its duly called meeting held on December 6, 2007, the Agawam Planning Board voted to accept your request to withdraw the Preliminary Plan at 194 Pine Street . Sincerely, Travis Ward, Acting Chairman AGAWAM PLANNING BOARD c - 4 TWIDSD:prk A H cc: BEC, Inc. Engineering Dept. a : Town Clerk n c-. - cn File rV r . r, do S6 Baystate Environmental Consultants, Inc. 296 North Main Street DATE JOB NO. • East Longmeadow, MA 01028 8/14/07 07-0209 ATTENTION • (413) 525-3822 Deborah S. Dachos—Director of Planning and FAX(413) 525-8348 Community Development RE: Preliminary Subdivision Plan —194 Pine Street TO: Agawam Plannin Board 36 Main Street Agawam,MA 01001 WE ARE SENDING YOU X Attached ❑Under separate cover via the following items: ❑ Shop Drawings ❑Prints X Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑Change order X Application data K COPIES DATE NO. DESCRIPTION -jr- August 1 of 1 Preliminary Subdivision Plan .'T 2007 2 6/12/07 Form B 2 6/12/07 Statement of Interest 2 5/17/07 Attested copy of deeds 2 8/13/07 Environmental Study 2 8/14/07 Waiver Request Letter 1 8/14107 1 2725 Filing fee check for$54 THESE ARE TRANSMITTED as check below: X For approval ❑Approved as submitted ❑Resubmit copies for approval X For your use ❑Approved as noted ❑Submit copies for distribution X As requested ❑Returned for correction ❑Return corrected prints ❑For review and comment ❑ a 4 vc ❑FOR BIDS DUE ❑ITEMS RETURNED AFTER LOAN TO US LG7 _ ::E� REMARKS —_ r a-v n� T'- rr COPY TO:Town Clerk,Phil Houser, file SIGNED: If enclosures are not as noted,kindly notify us at once- TOWN OF AGAWAM FORM B Application for Approval of Preliminary Plan File one completed form with the Planning Board and a copy with the Town Cierk in accordance with requirements of Section III-B. 12. 2Q p r To the Agawam Planning Board: The undersigned herewith submits the accompanying Preliminary Plan of property located in the Town of Agawam for approval as a subdivision under the requirements of the Subdivision Control Law and the Rules and Regulations. Governing the Subdivision of Land of the Planning Board in the Town of Agawam. 1. Name of Applicant s I J • ©���� Address 3.3 2o-k w b r oo k )J, Ito n m W A Q(l O 6 2. Name of Engineer or Surveyor 1G�JeGt.C� Address Z16 Ahe-+h i n 3. Deed of Property Recorded in Hampden County Registry of Deeds Page P Tl Book III 4. Location and es riptron of Property (attach sheet) c 5. A list of the documents included in this application shall accompany notice to the Tawro >Z Clerk. 3M. Documents required to be submitted with this notice: n c: w V)-T a. Notarized statement of interest in the land. C, -\ r b. Environmental study. C. Plans d. Certified copy of Deed. Signature of Owne Address 13 0 k Ted Massachusetts Depahmenf of Environmental Protection ��-- Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 2�� A. General Information n Important: r' When filling out From; 3 forms on the Agawam 3 computer, use Conservation Commission N=r only the tab key to move To: Applicant Property Owner(if different from @plicanf�- your cursor- do not use the Phillip Houser return key. Name Name 33 Meadowbrook Road Maifing Address Railing Address Longmeadow MA 01106 CitylTown State Zip Code Oty/Town State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Resource Area Plan, 194 Pine Street, Agawam MA prepared for PhifpHouser 7/16/07 (received Title 8/9/07 Title Date Title Date 2. Date Request Filed: July 6, 2007 B. Determination ~� Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): n/a Project Location: 194 Pine Street Feeding Hills Street Address City/Town D4 2113 &2/20 Assessors Map/Plat Number ParoellLot Number wpaform2.doc•rev.12/15100 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M,G.L. c. 131, §40 B. Determination (cont.) The following Determinations) Ware 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 Carder of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling, dredging,or altering of the area requires the filing of a Notice of Intent. ® 2a.The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands.Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. bordering vegetated wetland and 10D'wetland buffer ❑ 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. ❑ b. The area and/or work described on referenced plan(s)and document(s)is subject to review and approval by: Name of Municipality Pursuant to the following municipal Wetland ordinance or bylaw: Name Ordinance or Bylaw Citation pafosm2.doc sev.12115= Page 2 0 5 Massachusetts Depair"tment of Environmental Protection -- Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or 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. wpaforrn2.doc•rev.12/15/00 Page 3 of 5 a 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.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatorylregulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on by certified mail, return receipt requested on August 10 , 2007 Date Date This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan), This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A)and the property owner(if different from the applican Signat s: August 9 , 2007 Date wpaform2.doc•rev.1211WO Page 4 of 5 Town of Agawam fN 36 Main Street Agawam, Massachusetts 01001-1837 `1 Tel. 413-786-0400 Fax 413-786-9927 ATEa Mp October 13, 2005 Stephen A. Hoy Project Manager Business Development Department Hampshire Construction Co.,.Inc. 327 West Street P.O. Box 327 North Hatfield, MA 01066-0327 Dear Mr. Hoy: At its meeting held on October 6, 2005, the Agawam Planning Board agreed to remove the proposed Dunkin Donut Site Plan from its agenda until a revised plan is received. 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: File, Engineering, Board of Appeals, File TOWN OF AGAWAM �'►� 36 MAIN STREET AGAWAM,, MA 01001 DECISION OF BOARD OF APPEALS �Ri ED Ma co Petition of: Hunter Development M . Premises affected: 241 South Westfield Street f Date: March 24, 2008 N - 92 c Case#: 1815 I The Board of Appeals conducted several public hearings concluding with a public meeting on March 24, 2008 at the Agawam Public Library Conference Room, 750 Cooper Street, Agawam, MA for all parties interested in the appeal of Hunter Development Company, which is seeking to amend a previously granted Special Permit(Case # 1777) in order to allow for more parking at the premises identified as 241 South Westfield Street. ! After the public hearing and a thorough review of the facts presented,the Agawam Board of Appeals made the following findings: 1. The subject property is located in an Industrial A zoning district. 2. A special permit was granted under Section 180-44,Paragraph I of the Agawam Zoning Ordinances for the construction of a bank drive-through service window on September 24, 2007, Case# 1777. 3. The petitioner proposes to amend the previously approved plan for parking with the addition of 18 parking spaces. 4. On January 31, 2008, the Agawam Planning Board voted to approve, with conditions,the revised site plan for the property. 5. On March 13,2008,the Agawam Conservation Commission voted to approve to amend the original y Order of Conditions for this revised site plan. 6. A bank drive-through service window is an allowed use in an Industrial A zoning district. The subject property is an appropriate location for such use and structure. 7. No evidence was submitted demonstrating that this proposed use would have an adverse affect on the health, safety or property value of the neighborhood. 8. The site plan, approved by the Planning Board along with the recommendations from Engineering and the Safety Officer, satisfies the concern that there will be no nuisance or potential hazards to vehicular or pedestrian safety. 9. Adequate and appropriate facilities and controls will be provided by local and state regulations for the proper and safe operation of the proposed use. 10. The proposed use is not considered to be so objectionable or obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood. DECISION (p.2) Hunter Development Company Case # 1815 Based on its findings,the Board is of the opinion that it is within the authority of the Agawam Zoning Board of Appeals to grant a special permit to amend the previously approved parking plan granted by special permit, Case# 1777. Now,therefore,by a unanimous vote of its three members,the Agawam Zoning Board of Appeals hereby grants the petitioner a special permit to amend the plan previously approved by special permit, Case # 1777, dated September 24, 2007, subject to the following conditions: 1. The proposed structure and site shall be built according to the revised plans entitled"Hunter Development Company, prepared by MHF Design Consultants, Inc., dated October 18, 2006 and revised November 2, 2001" and signed by the members of this board. 2. All local and state zoning and building regulations are to be met. 3. All conditions set forth by the Agawam Planning Board in its approval of this plan, dated January 31, 2008 must be adhered to. 4. There shall be a legally binding cross-access agreement between 237, 241 & 255 South Westfield Street before this special permit is to be issued. 5. Any change to the entrance/exit ways on South Westfield Street must come back to this Board for approval. 6. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special Permit" form, which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. 7. This Special Permit shall become null and void if construction does not commence within two (2)years from the date this decision is stamped at the Town of Agawam Clerk's office. This decision is subject to appeal in accordance with M.G.L. Ch. 40A, Section 17 within 20 days after this decision is filed with the Agawam Town Clerk. Doreen Prouty* James Marmo 1p4y Hoague Massachusetts Department of Environmental Protection DEP File Number: -- Bureau of Resource Protection -Wetlands t WPA Form 5 -- Order of Conditions 87vided Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling From: out forms on Agawam the computer, Conservation Commission use only the tab key to This issuance if for(check one): - move your " =T -. cursor-do ❑ Order of Conditions i J not use the return key. ® Amended Order of Conditions VQ To: Applicant: Property Owner(if different or&-2ppl r t): Hunter Development Co. Westfield Bank w f Name Name P.Q. Box 366 141 Elm Street Mailing Address Mailing Address E. Lon meadow MA 01028 Westfield MA 01085 City/Town State Zip Code City£rown State Zip Code 1. Project Location: corner of Shoemaker Lane/S. Westfield Street Feeding Hills Street Address City/Town E8 2/1 &2/15 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Hampden County T Book Page 29661 Certificate(if registered land) 3. Dates. Requ. to amend 2-26-08 3-13-08 3-13-08 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): Posed Si#e Development, 237, 241 &255 South Westfield Street,Agawam, Mass.Oct. 18, 2006, Title rev. 11/2/07 Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Frank C. Monteiro Name 6. Total Fee: $1050.00 (from Appendix B:Wetland Fee Transmittal Form) Wpafarm5.doc•rev-12/15/00 Page 1 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-0530 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by QEP B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat ❑ Groundwater Supply ® Storm Damage Prevention ❑ Flood Control Furthermore,this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denies! 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. Wpaferrr5.doc•rev.12l15104 Page 2 of 7 Massachusetts Department of Environmental Protection DEP File Number: �—^ Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions $7 Provided by CEP 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, piaster, 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 87-0530 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. Wpaform5.doc•rev.12115/00 Page 3 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-0530 L11Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another Limit of work line has been approved by this Order. SEE ATTACHED CONDITIONS Findings as to municipal bylaw or ordinance Furthermore, the hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. wpaform5.dcc•rev.12/15100 Page 4 of 7 TOWN OF AGAWAM, MASSACHUSETTS CONSERVATION COMMISSION ORDER OF CONDITIONS AMENDED 87-0530 -Hunter Development 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. In advance of any work on this project, the applicant shall contact the Conservation Commission and arrange a conference between the Commission, contractor, designer/engineer, and applicant. The purpose of this conference is to insure that all of the Orders are understood. This conference shall take place at a regularly scheduled Commission meeting. 22. 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. 23. 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. 24. 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. 25. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other pollutant into any area of statutory interest. 26. At no time shall any construction materials, soils, fills, sediments, dredging or any other substances be stockpiled or stored in any area of statutory interest. 27. All work within the area of statutory interest shall be performed so as to create minimum disturbance to the existing vegetative cover and contours. 28. 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. 29. Whether from on-site or off-site, any fill used in connection with this project shall be clean, certified 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 30. Periodic maintenance/cleaning of the detention basin shall be conducted by the owner and all successors in interest or control of the property. (All catch basins shall contain ail/grease traps. These traps shall be cleaned routinely,but at least once every six months.) The applicant, his successors or assignee, shall have the continuing responsibility of this maintenance. 31. 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." 32. 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. 33. May 21, 2007 correspondence from Division of Fisheries & Wildlife must be complied with. 34. Members and Agents of the Agawam Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the construction site to evaluate compliance with the order and to require the submittal of any additional information deemed necessary. 35. This order shall apply to all successor or assignee in interest or control of the subject property. Any conveyance of interest or control in the subject property shall make reference to this order by stating that the conveyance is subject to the provisions of an Order of Conditions under the Wetlands Protection Act, M.G.L. Chapter 131, Section 40, and by giving the book and page reference in the Hampden County Registry of Deeds where this order is recorded. 36. The petitioner shall have recorded in the Hampden County Registry of Deeds an "Order of Conditions Form" provided by this Commission. The Commission will not allow work to begin until proof of recording is provided the Conservation Commission. 37. The Order of Conditions has been amended to include plans dated October 18, 2006, revised 11/2/07. ` Massachusetts Department of Environmental Protection DEP Pile Number Bureau of Resource Protection - Wetlands WPA Form 5 order of Conditions Provided byDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cunt.) 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 K from the date of issuance. May 24 , 2007 ( date of original order of conditions ) Date T This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A)and the property owner(if different from applicant). Signatures: tre u s Jill sick h r B cker a FedcHarpih `1 _ Henry A Koz oski On 13th Of March, 2008 Day Month and Year before me personally appeared Steven Douglas , Jill Messick, Sheryl Becker, Fred Harpin, Henrv_A. Kazlaski _ - tomeknpIFtobe a perso described in and who executed the foregoing instrument and acknowWiged a e/sh e e sa s his/her free act and deed. June 4 , 2010 Nary Public My Commission Expires This Order is issued to the applicant as follows: ❑ by hand delivery on E] by certified mail, return receipt requested, on March 20 , 2008 Date Date Wpafarm5.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 87-0530 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Agawam Conservation Commission WpaformMoc•rev.12/15100 Page 6 of 7 TOWN OF ACAWAM CONSERVATION COMMISSION 36 MAIN ST.,AGAWAM, MAC 01001 786-0400, ext. 245 a February 29, 2008 a' e 110 2>r~ Michael Frisbie Hunter Development Co., LLC P.O. Box 366 East Longmeadow, MA 01028 Dear Mr. Frisbie: At its duly called meeting held on February 28, 2008, the Agawam Conservation Commission voted that your proposed changes to the development at the corner of Shoemaker Lane and South Westfield Street do no necessitate a new Notice of Intent. A public hearing will be scheduled for March 13, 2008 for an amendment to the Order of Conditions. If you have any questions, please contact this office at 786-0400, extension 245. Sincerely, Henry A. Kozloski, Chairman AGAWAM CONSERVATION COMMISSION HAK:prk cc: DEP Town Clerk File 87-0530 TOWN QF A G w WA FOR OFFICE USE ONLY 36 MAIN STREET Case #: Ki AGAWAM, MA 01001 !,• h Filed: 01 Eta BOARD OF APPEALS Hearing: A7ED Mp Expires: co _ .......... .c... n co n Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and 3 other By-laws. Applicant 14u,q1--C'& f r- Lj L0rr4t4 Address P•o . [Jo gT Application is hereby made for a SPECIAL PERMIT as provided by Section , Paragraph of the By-law. Premises affected are situated on wc Street; feet distant from the corner of Street and known as street number Property is zoned as Tc A Reason(s) for request of Special Permit: Signature of owner or his authorized agent: C.v Telephone #:� q1 Jul NOTICE: THIS APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN BOARD OF APPEALS PUBLIC MEETING September 24,2007 The following members attended the public meeting: Doreen Prouty; Chairperson Fred Harpin, Vice Chairperson Joseph Conte-Clerk Gary Suffriti—Alternate Larry Hoague,Alternate Betty Manchino-Secretary 1. Case#1777 Hunter Development Chairperson Prouty reopened this public hearing at 6:15PM. Originally sitting on this case was Prouty, Hoague, and Suffriti but since Mr. Suffriti was not present at this time Vice-Chair Harpin sat on this case. . Attorney Paul Mallock of Dougherty, Pillsbury and Wallace was representing Westfield Savings Bank and stated that the Bank was in full support of this project. The revised plans for this project show the curb cut on lot#1 was shifted 15 feet to the north allowing both ingress and egress but should be far enough away from the drive thru window to not to cause any congestion of bank customers entering or exiting the drive thru windows. A stop sign will be installed near the end of the drive thru and with commuter courtesy there should not be any safety hazards caused. Chairperson Prouty read into the record the Planning Board's memo requesting this revised site plan, the memo from Sergeant Niles and the memo from engineering stating this request is acceptablc. Chairperson Prouty asked why the final plans had not been submitting and Mr. Frisbee advised he was waiting to see if any alterations needed to be made for this petition and plates would be forthcoming. Chairperson opened the meeting to the public and no one in attendance spoke on this petition and she made the motion to close the public hearing at 6:40PM and go directly into a public meet,�qg seconded by Mr. Harpin. o 1 , >� Chairperson Prouty stated that the concerns of ingress and egress at the drive thru have been— >. amended and made the motion to accept this plan with the modified conditions. 3 VOTE Harpin-yeah a Hoague-yeah _ cn Prouty-yeah n rr Note when Mr. Suffriti appeared at the meeting he was disappointed that the Board did notLit before voting on this petition as he was strongly opposed to the ingress and egress at the bank's location and had previously recommended it be a one way exit. r 2. Case#1781-Cirillo Chairperson Prouty reopened this public hearing at 6:45PM. Sitting on this case were Prouty, Harpin and Hoague. Chairperson Prouty read into.the record the letter of the Planning Board stating Mr. Cirillo never attended their public hearing and questioned Mr. Cirillo what his intentions are with this petition. Mr. Cirillo said he never received the Planning Board's letter and he wanted to wait and see what or how the Town amends the current Parking Ordinance. He is not sure if he will use this property fora business or to park cars and in either event the current house will be taken down. Chairperson Prouty asked if anyone wanted to speak in favor of this request and Mr. Anton Vielieux and Mr. Steven Palazzi were in favor of this petition. f In opposition was Attorney Gary Shannon, representing Six Flags and stated if this public hearing is continued he would reserve his remarks at the further hearing. Mr. Cirillo requested a continuance of this public hearing. -4 a Chairperson Prouty stated this hearing will be continued until December 10, 2007 at 7:OOPM—. vr,. 3. Case#1795-Lamar Advertising Chairperson Prouty reopened this public hearing at 7:15 PM . Sitting on this case was Suffri� cn Harpin and Prouty. Chairperson Prouty read into the record a letter from Lamar Advertising requesting a continuance. Chairperson rescheduled this public hearing until October 9, 2007 at 7:30PM. 4. Case#'1791-Valenti's Chairperson Prouty reopened this public hearing at 7:30PM. Sitting on this case was Prouty, Conte and Hoague. Mr. Suffriti advised the board that Mr. Valenti was unable to attend due to a funeral and requested his petition be continued.. Chairperson Prouty rescheduled this public hearing until October 9, 2007 at 8:OOPM. 5. Case#1804-Development Associates Chairperson Prouty opened this public hearing at 8:OOPM by reading the public notice. Sitting on this case was Prouty, Hoague and Conte. Mr. Doug Mattoon, of Associated Builders spoke for the petitioners on this request for a drive thru bank at Suffield Street and Silver Street. This bank would have three drive thrus and allow for five car stacking before entering onto the street. There would be two curb cuts one to Silver Street and one on Suffield Street with the cut on Suffield Street only allowing drivers to go to the South. Page 2 of 3 Chairperson Prouty react the memos from the Fire Department, Police Department and the Engineering Department. All of the Engineering Department's requests had been addressed before the petitioner submitted the plans for Planning Board approval. All members were in favor of this petition and the public hearing was closed at 8:30PM and the board went into a public meeting. Chairperson Prouty made the motion to accept this petition seconded by Conte. VOTE Conte-Yeah Hoague-Yeah Prouty-Yeah .7. Approval minutes of September loth unanimous as amended. Member Suffriti left the meeting early. Before leaving, he stated that he was in favor of approving the September 10a' minutes with the revisions. Hoague motion to adjourn at 8:35PM seconded by Harpin. v -� v c o C-, � v n r. s � 3� D� •• cn w r Page 3 of 3 TOWN OF AGAWAM G �� 36 MAIN STREET AGAWAM, MA 01001 fit y� DECISION OF BOARD OF APPEALS -� n ��ATE�MP s 3 tw C, r Petition of. Hunter Development Company Premises affected: Lot B, 237 South Westfield Street Date: September 24, 2007 Case#: 1777 The Board of Appeals conducted several public hearings concluding with a public meeting on September 24, 2007 at the Agawam Public Library Conference Room, 750 Cooper Street, Agawam, MA for all parties interested in the appeal of Hunter Development Company, which is seeking a Special Permit in accordance with Section 180-44, Paragraph I of the Zoning Ordinances,which would allow for the construction of a bank drive-through service window at the premises identified as Lot B,237 South Westfield Street. After the public hearing and a thorough review of the facts presented, the Agawam Board of Appeals made the following findings: 1. The subject property is located in an Industrial A district. 2. The petitioner proposes to construct a bank with three drive-thru service windows on the subject property. 3. Section 180-44, Paragraph I states:"Drive-through service windows utilized by any business shall require a special permit from the Board of Appeals in conformance with Section 180-11". 4. The proposed structure will meet all zoning and building regulations. 5. The proposed plan received approval from the Agawam Planning Board. 6. There was no opposition or approval for this petition expressed at the public hearings nor received in writing by this Board. 7. The site is an appropriate location for such a use. 8. The use, as developed, will not adversely affect the health, safety or property values of the neighborhood. 9. There will be no nuisance or potential hazard to vehicle or pedestrian safety. 10. The proposed use is not considered so objectionable or obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood. 11. The proposed use is not considered so objectionable of obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood. Based on its findings, the Board is of the opinion that it is within the authority of the Board of Appeals to grant a Special Permit as stated under Section 180-44, Paragraph I of the Zoning Ordinances. DECISION (p.2) Hunter Development Company ' Case# 1777 F Now,therefore,by a unanimous vote of its three members,the Zoning Board of Appeals hereby grants the petitioner a Special Permit to allow for the three drive through service windows with the following conditions: 1. The proposed structure shall be built according to the plan submitted; entitled"Hunter Development Company,prepared by MHF Design Consultants, Inc., dated October 18, 2006 and revised September 14, 2007"and signed by the members of this board. 2. All local and state zoning and building regulations are to be met. 3. All comments from the Engineering Department in a memo to the Planning Board, dated September 20, 2007 must be addressed before the issuance of this Special Permit. 4. Any change to the entrance/exit ways on South Westfield Street must come back to this Board for approval. 5. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special Permit" form,which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. 6. This.Special Permit shall become null and void if construction does not commence within two (2)years from the date of this decision. This decision is subject to appeal in accordance with M.G.L. Ch. 40A, Section 17 within 20 days after this decision is filed with the Agawam Town Clerk. Doreen Prouty M//4 Fred Harpin Larry ague l a�/. 6. Case#f1777-Hunter Development Chairperson Prouty reopened this public hearing at 8:15PM. Sitting on this case was Prouty, Hoague and Suffiti. Mr. Michael Frisbee represented Hunter Development. He explained that there would be three access points to the development on Shoemaker Lane. There are three parcels being developed and on the middle parcel is the plan for a drive-thru Westfield Savings Bank. Mr. Suffriti had problems with the access road to the savings bank with cars entering and exiting and wondered if they could make this driveway a one-way traffic road. The problem being exiting the bank into busy traffic. The board recommended Mr. Frisbee reconstruct an exit only on one driveway and two car accessibility on the other driveway. All members were in favor of this reconstruction of the driveways and rescheduled this public hearing until September 24th at 6:15PM so as not to delay construction on this property. 7. Approval minutes of August 27th unanimous as amended. Suffriti motion to adjourn at 9:OOPM seconded by Harpin Page 5 of 5 Massachusetts Department of Environmental Protection DEP Fite Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Provided bY DEP t Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information important: When filling From: out forms on _Agawam the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your Order of Conditions CD cursor-do ® not use the return key. ❑ Amended Order of Conditions 3 To: Applicant: Property Owner(if different.fromnOicant): Hunter Development Co. Westfield.Bank Name Name l 1083 Franklin Smith Road 141 Elm Street Mailing Address Mailing Address Longmeadow MA 01106 Westfield MA 01085 City/Town State Zip Code City town State Zip Code 1. Project Location: corner of Shoemaker Lane/South Westfield Street Agawam Street Address City/Town E8 2/1 & 2115 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Hampden _ County Book Page 29661 Certificate(if registered land) 3. Dates: 1/23107 5/24/07 5124107 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): Proposed Site Development, 237, 241 &255 South Westfield Street, Agawam, Mass.Oct. 18, 2006, Title revised5115107 Prepared for: Hunter Development Company, P.O. Box 366, East Longmeadow, MA 01028 Date Title Date 5. Final Plans and Documents Signed and Stamped by: Frank C. Monteiro Name - T 6. Total Fee: $1050.00 (from Appendix B:Wetland Fee Transmittal Form) Wpaform5-doc•rev.12115100 Page 1 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands i WPA Form 5 - Order of Conditions P87-0530 rovided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat ❑. Groundwater Supply ® Storm Damage Prevention ❑ Flood Control Furthermore,this Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the'performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory . measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Wpaiorm5.doc.rev.12115100 Page 2 of 7 Massachusetts Department of Environmental Protection DEP File Dumber: Bureau of Resource Protection - Wetlands 'WPA Form 5 -- Order of Conditions 87-0530 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 87-0530 " 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. Wpaform5.doc•rev.12116100 Page 3 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands cEP File Number: WPA Form 5 — Order of Conditions 87-0530 71 � Provided by dEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. SEE ATTACHED CONDITIONSH 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. wpaferm5 doc rev.12/15IDD Page 4 of 7 TOWN OF AGAWAM, MASSACHUSETTS CONSERVATION COMMISSION ORDER OF CONDITIONS 87-0530 - Hunter Development 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. In advance of any work on this project, the applicant shall contact the Conservation Commission and arrange a conference between the Commission, contractor, designer/engineer, and applicant. The purpose of this conference is to insure that all of the Orders are understood. This conference shall take place at a regularly scheduled Commission meeting. 22. 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. 23. 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. 24. 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. 25. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other pollutant into any area of statutory interest. 26. At no time shall any construction materials, soils, fills, sediments, dredging or any other substances be stockpiled or stored in any area of statutory interest. 27. All work within the area of statutory interest shall be performed so as to create minimum disturbance to the existing vegetative cover and contours. 28. 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. 29. Whether from on-site or off-site, any fill used in connection with this project shall be clean, certified 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. 30. Periodic maintenance/cleaning of the detention basin shall be conducted by the owner and all successors in interest or control of the property. (All catch basins shall contain oil/grease traps. These traps shall be cleaned routinely, but at least once every six months.) The applicant,his successors or assignee, shall have the continuing responsibility of this maintenance. 31. 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." 32. 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. 33. May 21, 2007 correspondence from Division of Fisheries &Wildlife must be complied with. 34. Members and Agents of the Agawam Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the construction site to evaluate compliance with the order and to require the submittal of any additional information deemed necessary. 35. This order shall apply to all successor or assignee in interest or control of the subject property. Any conveyance of interest or control in the subject property shall make reference to this order by stating that the conveyance is subject to the provisions of an Order of Conditions under the Wetlands Protection Act, M.G.L. Chapter 131, Section 40, and by giving the book and page reference in the Hampden County Registry of Deeds where this order is recorded. 36. The petitioner shall have recorded in the Hampden County Registry of Deeds an "Order of Conditions Form" provided by this Commission. The Commission will not allow work to begin until proof of recording is provided the Conservation Commission. Massachusetts Department of Environmental Protection DEP rile Number: bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cunt.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. May 24 , 2007 Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office(see Appendix A) and the property owner(if different from applicant). Signatures: r Mar7 oicheck 6 M ag Jil ess c If Shery Beckero Steven uglas On 24th Of May, 2007 Day Month and Year before me personally appeared Fred Harpin, Mark Soticheck, Frank Meagher, Jill Messick, Sheryl Becker, Steven Douglas to me kno be the rspn de cribed in and who executed the foregoing instrument and ackno d that / heex5WSne Amehis/her free act and deed. � � � o/0 tary Public My Commission Expires This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail, return receipt requested, on May 30, 20G7 Date Date Wpafcrrr5.doc rev.12115i0D Page 5 of 7 Massachusetts Department of Environmental Protection � DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 --- Order of Conditions g Provided by DEP Massachusetts Wetlands Protection Act M.&L. c. 131, §40 C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Agawam Conservation Commission Wpaform5.doc•rev.12/15/00 Page 6 of 7 \ Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-0530 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: Shoemaker/South Westfield Street 87-0530 Project Location DEP File Number Has been recorded at the Registry of Deeds of: 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 W pafarm5.dac.rev.12MM Page 7 of 7. Hu 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 Hunter Development Co. Westfield Savings Sank return key. Name Name 1083 Frank Smith Road 141 Elm Street VQ Mailing Address Mailing Address Longmeadow, MA 011056 Westfield MA 1 01085 City/Town State Zip Code Cityfrown State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Conservation Filing-"Existing Site Plan" Nov. 18, 2005 Title Date Title Date Title Date 2. Date Request Filed: November 26, 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): 0 verification of wetland boundary as marked in the field and shown on plan Project Location: corner of Shoemaker Lane &S.Westfield St Feeding Hills Street Address _ City/Town E8 _ 211 Assessors MaplPlat Number Parcel/Lot Number wpa(orm2.doc•rev.12115100 Page 1 of 5 0 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ® 2a. The boundary delineations of the following resource areas described on the referenced ptan(s)are confirmed as accurate.Therefore,the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. bordering vegetated wetland; 100' buffer zone ❑ 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 Bylaw Citation wpaform2.doo•rev.12M5100 Page 2 of 5 01 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 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.dec-rev.12J15100 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) [] 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatorytregulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on December 12 , 2005 Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office(see Appendix A)and th operty owner(if different fr m the applicant). ❑ igna res: 1 December 8 , 2005 Date wpaform2.doc•rev.12115)00 Page 4 d 5 1 TOWN OFAGAWANI U,4ff,!!�IZ Pt-V 3611%[ JN STREET A 4 .9 AGAWAM, MA 01001 AGE S [�f l E 3 AWAM, MASS. as DEC 13 PM 2= o BOARD OF APPEAL 1 c^ � Case # Filed Hearin 0 '� Application to Board of Appeals for SPECLAL. PER. fIT as provided in the Zoning and other By-laws_ Applicant �=u q?r rrfvf .�,1 tmYAddress :t)ja.,rt (�y r.h5r Lc:-fYt.,�'>2y? tit.' Application is hereby made for SPECLU PERMIT as provided by . Section Paragraph of the By-law. Premises affected are situated on ., -4ra Street; feet distant from the corner of Sect and known as street number . Property is zoned as T: A 17.E u r ., mT t� KrU ': ( c,C Ar T_qZ .u, cyty' s) '5 OF R 'AfOO fir,--644r' 4. 1V �LZL rL�q �r= C'.r- M ' ar rIno L flT r j �i rz Signature of o ez r his au orized agent NOTICE: THIS APPLICATION MUST BE FILLED OUT IN INX OR TYrEWRITTE.I FA Town of Agawam ,1, Assessor's Office 36 Main Street, Agawam, Massachusetts 01001-1837 ply Tel. 413 - 786-0400 x 205 Fax 413 - 786-9927 Email. assessorCagawam.ma.us October 20, 2006 Mr. Michael Frisbie P.O. Box 366 East Longmeadow, MA 01028 Dear Mr. Frisbie: RE: Abutters List for South Westfield St., Feeding Hills (E8-2-1) The attached abutters list for the above-named property has been certified with 23 abutters. If you have any questions, please call. Sincerely, C" 1'.r Chester J. Nicora, Jr., MRA, GAA, GRI Acting Assessor CJNIj sg Attachment Page ofTown of Agawam - ' 36 Main Street Agawam, Massachusetts 0.1001-1837 n Tel. 413-786-0400 . ' Fax..413-7j 99X'7. '. A cry —4 SQ � 77 p 3� DATE: CERTIFICATION OF ABUTTERS LIST - --- PROPERTY LOCATION: — �-+7�,C�J�.�T ,PL-J ` r MAP # BLOCK#� I a LOT # CONTACT PERSON NAME: lh kcd-1' !_ aL: aL G CONTACT PERSON-ADDRESS F-Z�s racy CONTACT PERSON-PHONE NUMBER ABUTTERS Name: in t L--:rA `1i - - Map# Block# Lot# . ' Address of property: 5cITA Address of Owner: _ a(cs n"ltgnl "s l L-._Fql MA _ t �"� _,- - Name: �a �ill _ „.,_.. PMa # _ Block# Q L o t# C1-' Address of Property: !r "�� d 73 L, Address of Owner: Page of Ajti3 � r x. Ai INC ABUTTERS Name H L-W� Map# ��- Blocky_�Lot# � Address ofproperty: �,IC%-7 -+i C. E`S-vC an, Address of Owner: ip C>,- �'! • C LC, Name: LC. 1A'2-T- Map#_Et _ Block#�_Lot# G Address ofproperty : _11 -2>�5 54si ag LnI MR C_ I pz�c Address of Owner: J�Arn L Name: IiA y M 45/k7k4_VT-I LiSi_ _ _ Map# Block# r Lot# 8 Address ofr�ro �IC3 G r Address of Owner: _._ 5�An Name: MA4Y 7. Pj.� t A-V Map# ? Block# Lot# Address of property: 'i(4 DC W_+e Lw a Address of Owner: -Tan Name: r' �fJ 7,.qr, Map# Block# .Lot# /Address of property : c) 3�&1'4 LA..oAr,. r ` T Gi�• �% Address of Owner: Name: • ter K L-bP._ " Map# Block# Lot# Address of property: ZitI& 4 Address of 0wner. '1�C L4 ��3'I'TEI Map# Block# Lot# i/ Address ofproperty .: _ zM-- :)c--,4' 4 W Z- a- ��� �7.�` P C:' :Di Address of Owfler: j tvir" '- Name: Ra r eVAwU L Map# C Block#F .._ Lot# �J Address of property : 3DA [ elf: /-fC_t -4?/.? eiC C- Address of Owner: C- C Name: Map# ^, Block# Lot# _ Address of property : _ 7 y�' r�-tTr�l '+= i F�u t? c�iJu:c 1/c c-D�r �E [i ,I►' Chi CC>t Address of Owner: Name: F1t "c'£ it _ C3C - -- - - -- Map#_ Block# Lot# JAddress of property: _c-A i-z Dx ne& l r u- tip G 1 Q.>C Address of Owner: -� aly) ' tlT�vC cry i C-�r��c-i�� Name: r ,) .A 13 Map# Block# Lot# Address ofproperty ,; ` "Tr/ LV E-�f EL."t_L D ,5r F,&mar 0& 6r�u___5/Q/-i Address of Owner: 1v7 Map# ' Block;' Lot# Ad&ess of property: �.�} " ��! (. ��%L 6 7- 0- ,C _i 3�' Address of dinner: " c•: ��ritc," � �cr-�T _ •`�l/ l G 7 Page _ of J C P f C'i ell; re AB TMR I.Ia me : 4010t2\1 A-4,y (.-ZwAk_, ap# _ Block# Loth /a Address ofproperty : ESc.�►'7r��t�=f� 'ci: Frlt� Ef-e 1 e� C� Address'd Ovm r: Name: E4-4-�A&7 �_1' C Z nA/-V IL M,p# G Block# c) Lot# Address of ro oc? Cry k & /- f ik? (---!C> t.,_aSj%S Address of Owner: v�. Name: . Map# Block-# Loi# f'd. Address of property : Ca�E Tc'r 6 Address ofOwner: Q.�iY ,�_ Name: Rwfterj-"`J�. � � Map# Blocs# a Lot#_ Address of propeaty: Address of Owner: �o �'�111 t { [ l �d�'7 L_i719 a, /d 0 l f 8 d s I Name. 1'16YN,>rvy 14 L-A2) � Map# �� Block# Lot# � Address of property Address of Owner: '` Name: C CrnLl.N �_ Lot#: f I .Address of property: k- L (1Y' . Al-m LoAL, > C>fC� �� •,`1 5� Address of Owner: rr►'7! Page _ of ABUTTERS Name : l�� 5;k�� c� S���,c€_� ,.��°�,k� ._.. Map# BIock# Lot# / Address of property : Address of owner: 1 - ATTn�: Name: ry r,^,T-'- C v I-t-r . 5 TT-- z Map# Block# Lot# JAddress ofproperty • Iq S'car2 k—L-L LD� I-..L I-O rryL t-i C�210 Address of Owner: _ f SHE �►�.!����•.J= L!'r� c`- - }`.�V i`� t,c-5 r'►'Fl_ . 1 c, �. - Map# Block# Lot# lo� Address of property : /d Fe¢ L t Address of Owner: � .�-� e Name: Map# Block# Lot# Address of property: Address of Owner: Name: Map# Bloek# Lot# Address of property : Address of Owner: Name- Map# Block# Lot# Address of property Address of Owner: PROPOSED SITE DEVELOPMENT SOUTH WESTFIELD STREET & SHOEMAKER LANE sc AGAWAM, MASSACHUSETTS « 1A' V {Z�{{� e•r PREPARED FOR# HUNTER DEVELOPMENT COMPANY P.O. BOX 366 EAST LONGMEADOW, MA 01028 = 4 Jl� � ` : f INDEX TO DRAWINGS 1. TITLE SHEET 2. EXISTING SITE PLAN Up \ I 3. SITE PLAN 11 gIT ,'' w �a 4. GRADING A DRAINAGE PLAN S. UTILITIES PLAN B. LANDSCAPE PLAN T. DETAILS WwTeft S. DETAILS ' 9. DETAILS •1Q 10. DETAILS 1 OF 1. 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ACCEPTABLE CEMENT CONCRETE aS ANY CIMS UNDER SECTION M{ Brye.JLrA OF IXE 19ae STANDARD SI'ECIFlGT,OAfS:ALL 71:5T AEQUNiEAlEMS ARE WANEO. BITt WHOUS CONCRETE 15 NOT AN ALYSPTAOLE SMSTITUM FACE or NULIW T VERTICAL CURS (IN rlas L. TFrs L, TEES e, L, BENDS 11�nk N.T.S. 616=B" 1T 0' 1a5o10'Ae A'0' l7•.12 i/• r 0' 12-02', 37'Q• so" L at7DS L ea1105 L 71-nm .— IN IOC o'er FJ10E - +^+ �,...A__,� a111N A K 7OaD r r.. 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RESTRAINT IN LIEU OF OR IN ADDITION TO THRUST BLOCKS MATH APPROVAL Of SUPERINTENDENT. ]aA Vw TE w. an w VE ww Id law dtAit m ffm wm m MALL .T': .Pa. {N OF lux wR+ru u�as a7 w a wAsewvercmn THRUST RESTRAINTS ,- FIE 4' �'' TYPICAL GATE VALVE wawRa -La CA5K�75 �` arEc.ar• a � MQ'"aN'ra`Brd � sEAt[:Nn THRUST BLOCK DF7AtL5 PROJECT SNT.NAME SM.NO, l+axal Pw wwr . "awTt•� DRAWN M:DUD� " RtV1sq,Js MOP,t _ ORWEL r...� WDATE:t2-5-98 TOWN OF AGAWAM 1HRUST RESTRAINTS x'er wpm sm uo.n-ww�v,anrM 1DR,w A WAM ,awf w.e wer ,.m,a0p1 , 1 CONSTRUCTION STANDARDS FIELD LOX GASKETS �f�x IA.IG•w Ara raISmDCQom STANUMM TwrAL rrrE wwE anerucRw arAlaMm DETAILS 1 er JID AT+wro�'•� r- � ufwao rlaac a/T Aa rrAo „rra:ellawm�s. r TIN Tar FadQE ADaaRaap l cx J s �I+snR¢Iww r raMOE s.Or lMt a-aV woDf' P.wa� s i//pp INK(TTYP. YLY r 1•w„r`t*a + ,i� NON..SIIwm MDNTM 09 IO HE AM AN AT /ply dd� .. 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