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J T 1 Massachusetts Department of Environmental Protection �- Bureau of Resource Protection - Wetlands WPA Form 2 -- Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the 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 J.F.C. Endeavors, Inc. Arthur P_. 13oglish return key. Name Name 68A Canal Street 180 South West Street Mailing Address Mailing Address Plainville, CT 06062 Feeding Hills _ MA 01_030 Cityfrown State Zip Code Cityrrown state Zip Code rn 1: Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Plan for Resource Area Delineation, Agawam, Massachusetts_ _ 1-14-2005 Title Date 'title _ _ _ Date C Title Date 2. Date Request Filed: January 20, 2005 b C . . W r-- 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): nIa Project Location: 180 South West Street _Feeding Hills_ _ Street Address City/Town C8 _ 1/7 ^ Assessors Map/Plat Number Parcel/Lot Number wpedormZdoc•rev,12/15100 Page 1 of 5 f Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ® 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate.Therefore,the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. bordering vegetated wetland, perennial stream, riverfront area, irrigation pond ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced 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.doc•rev.12115100 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 (coat.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but no subject to the Massachusetts Wetlands Protection Act: ❑ 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. wpaformMoc•rev.12115100 Page 3 of 5 a 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 a B. Determination (cunt.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable 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 March 1 ; 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 the property owner(f different from the applicant). Signatures: lei February 24 , 2005 Date WPA Form 2 page 4 d 5 Rp MIM Massachusetts Department of Environmental Protection x Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability R Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done,or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmentai Protection Regional Office (see Appendix A)to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Farm) as provided in 310 CMR 10.03(7)within ten business days from the date of Issuance of this Determination.A copy of the request shall at the same time be seat by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate jurisdiction. WPA Form 2 Page 5 of 5 Ra.V SS71C!(1 pdm Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the 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 Donna Jago same return key. Name Name 1028 River Road, P.O. Box 626 Mailing Address Mailing Address Agawam, MA 01001 C4rrown State Zip Code City/Town State Zip Code 1. Title and Date(or Revised Date if applicable) of Final Plans and Other Documents: Survey&Site Plan, River Road, Agawam, MA May 2005 Title Date Title Date Title Date 2. Date Request Filed: June 20, 2005 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission consid&ed your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): two car garage addition to existing garage and 2 story porch addition on north side of existing house Project Location: 1028 River Road Agawam Street Address City(fown N 11 4/2 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•rev.121MO Page 1 or 5 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cant.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s)is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area.Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act.Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaformUoc•rev.1205100 Page 2 of 5 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont) ❑ 8. The following area andlor 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. wpaform2Aac•rev.12115/00 Page 3 of 5 Y 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 _ August 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 perty owner(if different from the applicant). Signatures: August 11 , 2005 Date wpaform2.doc-rev.12115MO Page 4 or 5 jrf Towno f Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 PLANNING BOARD Q coo March 31, 2008 - cn (� Paul McCarthy, Presiding Overseer co West Springfield Congregation of Jehova's Witnesses 18 Glenview Drive West Springfield, MA 01089 Dear Mr. McCarthy: At its duly called meeting held on March 6, 2008, the Agawam Planning Board voted to approve the attached proposal by Green Energy Solutions, Inc. dated February 27, 2009 with the condition that the power of the bulbs shall be equal or lesser than the street lights and that the lights are to be off on non-event nights. If you have any questions, please contact this office at 786-0400, extension 283. Sincerely, Travis Ward, Acting Chairman AGAWAM PLANNING BOARD cc: Building Inspector, Engineering Dept.,Town Clerk, V. DeRose, File Green Energy lean , Inc, February 27, 2008 o ,w Jonathan Tower n Kingdom Hall 326 North Westfield Street Feeding Hills, MA. 01030 cn Re: Parking Lot Lighting rTI Mr. Tower: r At your request we made a site visit to the above location to take light level readings in the parking area. The actual foot candle levels that you have at this location are noted on the attached print. The density of measurement is not as high as the print you supplied as that is computer generated. The readings taken that evening were sufficient to indicate that the actual foot candles on site are BELOW the proposed foot candles on the print. This means that issue you are dealing with the neighbor to the East is not due to the site having more foot candles than those proposed but due to a line of sight problem. The property runs down hill from the West to East(North Westfield St side to the rear lot line). That puts the 2 poles (West and South) at a higher elevation allowing the neighbor to the rear to see the light source. It is extremely important that you maintain certain minimum light levels for your property for both safety and security reasons, It is my recommendation that the 2 fixtures located on the West and South poles be changed to a style that will allow the light source to be recessed into the fixture thus minimizing the line of sight problem that the rear neighbor is experiencing. Attached is a cut sheet for the fixture I am recommending. I hope this information is of benefit to help solve your issue. Sincerely Richard Tomasko President 2 Northgate Drive, Windsor Locks, CT 06096 Tel. 860.370.9050 Fax 866.472-0499 x IrFrall, t f ate. r r r r Housing Wattage/ Catalog Mounting Code Size(sq.)Lamp Number (Insert Code at in Catalog 1f) ""NIZfire ."ks {r 12' 15OW PSMH MAC*615-M 1- 1-10'Cluse PDIe Mount 1 16' 32OW PSMH AC'632-M 2= 6'Extended Pole Mount 22" 150W PSMH AC*675 M 3= 2'Adjustable Pilfer W MH MAC�4G5-D 4= Yoke Mount 12' 50 ' ': �•-� ;Ys 12' 70W MH MAC*407-D 6= 112"Adjustable Filler } 12' MOW MH MAC*41H [12'housing only} 12' 175W MH MAC'417-M B= Without Mounting(hardware) "5r 16' 115W MH AC_417 M K= Round Tube 011-Center 16, 25OW MH AC`425-M Tenon Mount(16'housing only) �¥ 16' 400W MH AC'440-M (For 2-318'or 3'0 D) 1, 22' [WOW MH AC M= Round Tube Oil-Center 3 " . 't. ��,: 12' 35W HPS MAC'5031 Direct Mount(1 V housing onry) 12" 5OW HPS MAC*505-D (Aired Filler lor 4'sq pole) ' 12' 70W HFS MAC*5D7-M W= War}Mount FDII 12' 100WHPS MAC'510-M (eaWight Shield isslandard) C1ITOFF 12' 15OW HPS MAC'515-M O 16, 250W HPS AC*525-M NDTE:When uskng multiple 22"sq. 16` 40OW HPS AC*54f}M housings at 90*conliguratlon,a special AC SEC185 12"arm.�requued;see page 156. Specify Mounting(additional cost) �'r E7[telldBt<POI iV�OUk7� Other la p wattages available-orlsutl factory Aaclumd envelope lamp.ED28 for 32DW PSMH and 4DOWW MH;BT37 for 1000W MH. options:(Factory-installed) Change Add After 6W Description Suffix To Suffix (yam 277V Reactor ballast(PSMH only) 27 W This compact forward-throw reflector has a main beam of 60+begrees from vertical 120V Reactor ballast(50-150WWS 12'housing only) 1 cA (30 degrees from horizontal),providing wide lateral distrnibution and excellent 480Vballas€(3axPSWI75-10oawMHam4010HPS ,y) 5 U uniformities.A Backlight Shield accessory(standard on Wall Mount)permits precise 480V ballast(70-10ow MH only) 5 _ Q cutoff adjustability. 347Vballasl(50WHPSony) 6 Quad-volt ballast(50-160w MH only) M Tf}Tee Sizes: Quad-volt ballast(50W HPs only) M 12"square x 5"deep(305 x 127 mm) Tri-volt ballast(326w PSMH,171-JOWW MH s T 16'square x 6.5"deep(406 x 165 mm) 7o- 22"square x IF deep(559 x 235 mm) HPS only} Tri-voilEi bat Eas1(50-iDav MH or�) T Single Fuse(277V Raador,12QV,27Nof 347V) 27,1,2 or 6 F Duar Fuse(20aV,240V or4W(rya Canada) 3,4 or 5 F 1 ea° 15a 12a° Quark Standby(delay-relay type)(incAdes 100W 0lamp)(rJa 277V Reactbr) 0 Bullm Photocell(Factory-installed with all mountings other Iran 2'Adjustable Fitter) NOTE:rda on 1000W w1120V;all 400V 27,1,2,3,4 or 6 P External Photocell IFaclory-erstalled)(Page 133) 90` For fixtures w11000W,12GY 1 P For fixtures wl480V 5 P 10000 Accessories: (Field-installed) 12" 16" 22' Wire Guard FWG-12 FWG-16 FWG-22 20000 30 o Backlighl Shield SBL-12 SK-16 SBL-22 (slanclitd on AC Series Wall Mount) Candlepower distribution curve of Button Photocell[Field-a3atalied in FAures wM 2'Adjusabie Fltef) Calls log# 40OW MH 16'Area Cutoff Light_ For fixtures w1120V(Na on IOMM PC-1 For!Mures w1208,240 or 277V PC-2 For fbiures w1347V PC`6 r00 W W 49 2d 0' 27 40' W e0 100 Moaritings ....................................................Page 116 48 A Catalog Number LogisNoitage Suffix Key...........................Page 115 ,zm e Optical Systems...........................................Pages 104-107 Accessories ...................................................Page 133 ea 24.4 Mounting Alternatives......................................Pages 156-157 W I .5 1913 Mounting Brackets.........................................Pages 158-159 40 ` 1 - t2" Pales................ ......Pages 16(-169 20' I d.1 or Om 2Q SA e0' 12.2 M3 24A IM 122 W 8m rm 522 im 2i4 ma Isofoatcandle plot of 400W MH Area Cutoff Light at 25'(7.6 m) mounting height,O*tilt above horizontal,with backlightshield removed. ©Z Z =U �.r � 20ADJUSTABLE FITTER 1 . 16" (406 mm) AREA CUTOFF LIGHT Ballast Housing Reflector Seamless, Prefinished semi-specular Capacitor die-cast aluminum diffuse and diffuse aluminum Finish color bronze wrapper,and semi-specular aluminum sides 2.3"(57 mm) LJ 16•(406 mm) Ignitor . (Where required) Wiring Lamp r Chambe {Included) 6.5'(165 mm) 5.5'040Imm) — —Lamphofder �5� 1 3.5' Adjustable Fitter (69 mm) Die-cast aluminum set is sized for Screws Ballast Lena Frame Notes knuckle 2"pike(is sized [fill mm]o-D.) compartment pie-cast aluminum Finish color:bronze Corer door frame sea+res Patented lens;sealed with Hinge silicone gasket Assembly Finish color:black SPEC# WATTAGE + I VOLTAGE + OPTIONS r 'r . PULSE START METAL HALIDE M 12012081240/277V(Standard) ja)F Fusing SPEC# 20OW PSMH AC3620-(a)(b) T 1201277/347V(Canada uny)(Standard) {a)P Button Photocell VEEC# 25OW PSMH AC3625-(a)(b) 1 120V -5P External Photocell(for 48OV) SPEC# 320W PSMH A03632-(a)(bt _ 2 277V O Quartz Standby 0 SPEC 35OW PSMH AC3635-(a)(b) 27 277V Reactor(PSMH Only) (includes 10owquartz lamp) 0 SPEC# 40OW PSMH AC3640-(a)(b) 3 208V (NIA on 277V Reactor) METAL HALIDE 2 OOV Specify(a)Single Voltage—See Vottage Suffix Key SPEC# 175WMH AC34117-(a)(b) 5 480V SPEC# 25OW MH A133425-(a)(b) _ 6 347V(Canada Only) © spec# 40OW MH AC3440-(a)(h) For village availability outside the US and Canada,see Bulletin TO-9 or HIGH PRESSURE SODIUM comacl your Ruud Lighting authorized Internau'onal Uist6butof, SPEC 250W HPS AC3525-(a)(b) SPEC Of 40OW HPS AC3540-(a)(b) Specify{a)Voltage&(b)options. �1 Reduced envelope E➢28 lamp. GENERAL DESCRIPTION 60'forward throw sharp cutoff luminaire for HID Fixture includes clear,mogul-base lamp; ANSI lamp wattage label supplied,visible during lamp,totally enclosed.Housing is seamless,die- 320-40OW PSMH and 40OW MH utilize the relamping. UL Listed in US and Canada for cast aluminum.Aluminum die-cast adjustable ED28 reduced envelope lamp. Pulse-rated wet locations and enclosure classified IP65 fitter mounting is sized for 2"pipe(2-3/8' porcelain enclosed, 4kv-rated screw-shell-type per IEC 529 and IEC 598. [60 mm]O.D.).Allows for directional aiming as lampholder with spring-loaded center contact well as 21/2'incremental vertical adjustment, and lamp grips.Lamp'gnitor included where ACCESSORIES Contains integral wiling compartment.Two required.All ballast assemblies are high-power stainless-steel set screws provide clamping to factor and use the fonowing circuit type: FW6-16 Wire Guard vertical tenons-Lens assembly consists of rigid Reactor(277V PSMH) PC-1 Button Photocell aluminum frame and high-impact,clear-tempered 200—40OW PSMH (tor fixtures set to 12ov) glass. PC`6 Button Photocell CWA---Constant Wattage Autotransformer (tor fixtures set to 347V) 200—40OW PSMH;175—40OW MH; PC-2 Button Photocell 250—40OW H PS (tor fixtures set to 208,240,277V) Exclusive DeEtaGuard"finish features an E-coat PGM-1 Ground Mount Post epoxy primer with medium bronze ultra-durable SBL-16 Backlight Shield powder topcoat, providing excellent resistance to corrosion,ultraviolet degradation and , U5 4,689,729 abrasion.The finish is covered by our seven- year limited warranty. RUUD 9201 Washington Avenue Racine,Wisconsin 53406-3772 USA PHONE(262) 886-1900 FAX(262) 884-3309 LIGHTING m Ruud Lighting Inc. Printed in USA www.ruudlfghbrlg.coml 11116/05 2"AQJU01ADLE FITTER 1611 (406 mm) AREA CUTOFF LIGHT EPA RATING Isafaatcandle plots show initial footcandles at grade.(Faotcandles-0.0929=Lux) EPA 0.93 for single fixture with 00 tilt(Consult factory for EPA rating on multiple units). 100'89 60' 40' 20' 9 29 40' 60' 80' 100' 100'80' 60' 40' 20' 0' 20' 4-0 60' 89 1W 180' 150 120, 160, 4818 160, i I I 48.8 140' -� --1._ .. ._ 42.7 140' - �_.J_ .. _-. 42.7 120' -- - --- 36.6 129 _ -- - i --- -.... ... 36.6 109 ---.�...------ - 30.5 109 --- - - --- 30.5 .05 90' 80' -- - - 24.4 89 - _-:.�_ - 24.4 60' r - -- I ..._ 16-3 69 18.3 40' --. ... _ € _ L ._. 12.2 49 - 10000 20' $ - 6.1 20' - - 6.1 20, --- - 6.1 20' ...___. -T- 6.1 20000 0a 49 1 z2 49 I i I 1" 30.5 24.4 1&3 122 6.1 Orn 6.1 122 163 2"30.5 X.5 24.4 182 122 el Om 6.1 122 18.3 24-4 305 Lighting Sciences Inc- Isofootcandle plot of 40OW MH Area lsofeetcandle plot of 400W MH Area Cutoll Certified Test Report No.LSI 10553 Cutoff Floodlight at 25'(7.6 m)mounting Floodlight at 25'(7.6 m)mounting height, Candlepower distribution curve of 400W MH height,0°vertical tilt,with backlight 01 vertical tilt,with backlight shield located Area Cutoff Floodlight without hacklight shield. shield removed.(Plan view) for backlight cutoff.(Plan view) 100' 89 60' 40' 29 9 29 40' 69 80'109 100' eo' 69 40' 29 9 20' 49 60' 80' 109 1800 160' 120' 16cr I 48-8 169 48.8 1401 -- -- - 42.7 140' - - - + -- -- - 42.1 12U - - - - -�- - 36.6 129 -- 36.6 100, - -- 30.5 109 _ 06 - -- 30-5 60, _3 - 24.4 8p� _. ---24.4 S 60, - 1 18.3 80, - 18.3 40' - - - 122 40' _ - 12.2 10000 29 1 - 6.1 20' - 6.1 1!0 9 - __ Om 01 _ Dm 60, 20' --- 6.1 20, 6.1 40' 12.2 I I �� 305 24.4 18.3 122 6.1 Om 6.1 122 MS 24.4 30.6 305 24,4 18.3122 &1 Om &1 122 1a3 24.4 3052.2 Lighting Sciences Inc. Isofootcandle plot of 40OW HPS Area Cutoff Isofootcandle plot of 40OW HPS Area Cutoff Certified Test Report Me.LSI 10246 Floodlight at 25'(7.6 m)mounting height, Floodlight at 25'(7.6 m)mounting height, Candlepower distribution curve Of 256W LIPS 4°vertical tilt,with backiight shield 4°Veritt':al tilt,with backlight shield located Area Cutoff Floodlight without backlight shield. removed.(Plan view) for backlighl cutoll.(Plan view) Pole-spacing Example Data Y IEA Average Initial Light Levels at Grade 2 Fixtures per pole @ 160` Test area is centered within a(16)pole layout. (Foetcandles_0.0929=Lux) Max.Recommended Pole-spacing Catalog ik Lamp Type Lamp Lumens Mounting Height x x Y Footcandles Lux A03417-M 175W MH 12,000 15'(4.6 m) 60'(18.3 m)x 85'(25.9 m) 3.56 38 20' (6.1 m) 75'(22.9 m)x 110' (33,5 m) 2.11 23 AC3425-M 250W MH 2O,000 20'(6.1 m) 75'(22.9 m)x 110' (33.5 m) 3.51 38 25' (7.6 m) 95'(29.0 m)x 140' (42.7 rn) 2.10 23 AC3440-M 400W MH 32,000 25'(7.6 m) 95'(29A m)x 140' (423 m) 3.36 35 30' (9.1 m) 115'(35.1 m)x 165' (50-3 m) 2.29 25 AC3525-M 250W HPS 2B,500 20' (6.1 m) 75'(22.9 m)x 110' (33-5 m) 4.83 52 25' (7.6 m) 95'(29A m)x 140' (42.7 m) 2.89 31 AC3540-M 40OW HPS 50,000 25'(7.6 m) 95'(29,0 m)x 140'(42.7 m) 5,08 55 30' (9.1 m) 115'(35.1 m)x 165' (50.3 m) 3.37 36 R~j UD 9201 Washington Avenue Racine,Wisconsin 53406-3772 USA PHONE(262)886-1900 FAX(262) 884-3309 LIGHTING Q Ruud Lighting Inc. Printed in USA www.ruudlighting.com 11/119ID5 (0rn _2 (0o _C: a 0 c0 = uo (0m t ' E sr _ co � Ti0N Z E- CV 0— LL 10B 1.61 0.75 2 7 0.54 225' v� 3.3 \ UJ I) 2.0 � 0.84 0.40 0.5 0.34 0.11 O 0.31 0.19 0.11 0.43 0.16 0.05 91a 3.35 0.11 0.06 0.19 a 2.47 0.6 0.22 ` \ 1.42 �o \\ 0.8 0.08 0.54 =o 3.17 ` •� _ rj} c� 0.26 2.05 0 E o — 'C N p C w N 96' = o 0) m Z 232' 16 "m ' U_ L_ rV DRAWN BY: Andrew Men DATE: 2/7/2008 1-'Actual foot-candle readings taken on-site Feb 26, 2008. � DRAWING NO.: FHKH Notes: REV: SCALE: �—. NTR Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the 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 W.S. Congregation of Jehova's Witnesses same return key. Name Name 88 Ely Avenue Ma � Mailing Address Mailing Address West Springfield MA 01089 City/Town state Zip Code City/Town state Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents. no title (plan submittted with Request for Determination) recv'd. 3-10-06 Title Date Title J Date Title Date 2. Date Request Filed: March 10; 2006 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): build one story 45'x 97'with adequate parking and landscaped areas. co N Project Location: North & North Westfield Streets � Feeding Hills Street Address City/Town _ E12 1126 Assessors Map/Plat Number ParcellLot Number wpafor7rZdac.rev.1211510D Page 1 of 5 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final.Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a.The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 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 wpaformMoc•rev.12/15/00 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 listed at the end of this document. ® 1.The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove,fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act.Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone).Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc.rev.12115= "'" "'^ "` Page 3 o15 ' 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.) ❑ S.The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable 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 March 27 , 2006 Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A)and the property owner(if different from the applicant). UuSignatures: Ten A loski MJi7kS c k i Fred ' rpi n D Sh yl Bq6ker Fra Meaghe i Messick March 23 2006 Date wpaform2.doc•rev.12A5100 Page 4 of 5 w ht)✓dkEaJ Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 �1 Tel. 413-786-0400 Fax 413-786-9927 D PLANNING BOARD March 4, 2005 Andrew and Erik Jensen 755 Suffield Street Agawam, MA 01001 Dear Andrew and Erik, At its duly called meeting held on March 3, 2005,the Agawam Planning Board approved the Site Plan entitled`Eagle Scout Service Project, Andrew Jensen, BSA Troop 82, 755 Suffield Street" and "Walking Park Fitness Station Proposal", Boy Scout Troop 82, Erik Jensen. If you have any questions, please contact this office at 786-0400, extension 283. Sincerely, - C]),f Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD DBH:pre cc: Building Inspector y Engineering Town Clerk C. Sparks,Park & Rec. File co Massachusetts Department of Environmental Protection. Bureau of Resource Protection - Wetlands WPA Form 2 -- Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A:f eneral Information Important: When filling out From: —... forms on the Agawam computer, use — _ only the tab Conservation Commission key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Andrew&Erik Jensen(Agawam Park& Rec. Town of Agawam return key. Name _ Name 755 Suffield Street 36 Main Street VQ Mailing Address Mailing Address A awash, MA 01001 Agawam, MA 01001 City/Town State Zip Code City/Town state Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Walking Park Fitness Station Proposal none Title Date Title Date Title Date { , 2. Date Request Filed: February 8, 2005 B. Determination ; cn 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): Eagle Scout project- 1/8 mile walking park with fitness stations. Project Location: River Road (Borghatti Field) Agawam Street Address City/Town Assessors Map/Plat Number Parcel/Lot Number wpaformLdoc•rev.12/15/00 Page 1 of 5 LJMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands VIIPA 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(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Byiaw Citation wpafocmmm•rev.12f1 W 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 no 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 Noticeoflntent. **Noti.fy Conservation Commission prior to starting work.' ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•rev.12t15100 Page 3 oT 5 . Massachusetts Department of Environmental Protection y Bureau of Resource Protection -Wetlands VA J WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 4 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 _ March 1 , 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 the property owner(if different from the applicant). Signatu cap' February 24 , 2005 gate WPA Foirn 2 Page 4 of b Rnv 07lf1[1 r Y Massachusetts Department of Environmental Protection y Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability N Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant,owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office(see Appendix A)to issue a Superseding Determination of Applicability.The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and Fee.Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate jurisdiction. WPh Forth 2 Pages d v Rev ❑7m BOARD OF APPEALS PUBLIC MEETING June 12, 2006000015 The following members attended the public meeting: Doreen Prouty, Chairperson Fred Harpin Vice Chairperson Larry Hoague,Acting Clerk Joseph Conte,Alternate Betty Manchino, Secretary 1. Elwin Jock Case#1748 The Agawam Zoning Board of Appeals held a public hearing on June 12, 2006, at 6:00 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam,MA, for all parties interested in the appeal of Elwin Jock, who is seeking a Special Permit in accordance with Section 1 80-71, which would allow for the reconstruction of a residential dwelling significantly damaged by fire found to lie within the flood plain at the premises located at 56 Debra Lane. Chairperson Prouty reopened this public hearing at 6:12 P.M. Members sitting on this case were Doreen Prouty, Fred Harpin and Larry Hoague. Mr. Jim Daley and petitioner Elwin Jock were also present. Chairperson Prouty read into the record a letter Mr. Daley submitted to the Board. She also stated she spokq,with the Building Inspector, and they both spoke with Richard ZingareUi from the State Office' f Urban Affairs to see what FEMA regulations were on this water level for the land at Debra Lane. They were told that the State regulated water levels, and the Town is allowed to intensify its own regulations on flood plains. FEMA does not supercede Town/State laws as discussed at the previous public hearing. After speaking with the building inspector, it was determined that Mr. Jock must build his foundation as stated in the 100 year flood plain, which would mean increasing his foundation four feet. The Board was sympathetic to Mr. Jock, but in order to rebuild this'structure, he must meet all the zoning requirement for the 100 year flood plain. Chairperson Prouty explained the 20 day appeal process and voted to go into a public meeting at 6:37 P.M. Chairperson Prouty made the motion to approve this permit as long as the basement floor is elevated to the 100 year flood plain level. Member Hoague and Harpin voted to agree on this motion. The members agreed to the usual conditions placed upon a Special Permit. The public meeting was closed at 7:41 P.M. 2. Byron Zinn & George Cone Case #1.753 The Agawam Zoning Board of Appeals held a public hearing on June 12, 2006, at 6:30 P.M`::at rt the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, f�w all parties interested in the appeal of Byron Zinn and George Cone, who are seeking a Speci� f Y Permit in accordance with Sections 180-7, Paragraph B2 of the Zoning Ordinances, which Weald allow for an addition to a non-conforming residential structure with less than the required side,. yard and front setback located at the premises identified as 48-50 South Westfield Street. cry C.0 r l 2 June 12, 2006 Chairperson Prouty read the legal ad and explained the procedure to be followed. The members sitting on this case are Doreen Prouty, Fred Harpin and Larry Hoague. Chairperson Prouty stated this plan was pretty clear cut. The petitioners were just requesting the building of an addition on top of a current addition with a pitched roof. Chairperson Prouty explained the 20 day appeal process and closed the public hearing at 6:53 P.M. and went directly into a public meeting. Chairperson Prouty stated since they were not extending the footprint of the building, that this plan should be accepted seconded by Hoague and Harpin. All guidelines were read into the record. Chairperson Prouty called for a vote to grant this Special Permit. Member Harpin voted yes, member Hoague voted yes and member Prouty voted yes. The members agreed to the usual conditions placed upon a Special Permit. Chairperson Prouty closed the meeting at 7:00 P.M. 3. Pride Convenience, Inc. Case#1750 Chairperson Prouty reopened the public hearing for Pride Convenience, Inc. at 7:05 P.M. Sitting on this case were Doreen Prouty,Fred Harpin and Larry Hoague. Travis Ward, member of the Planning Board, was present to explain how the Planning Board is working with Mr. Bolduc on the plans for the automated teller machine. The Planning,Board realizes the property owner has work invested on this property and they are trying to improve concerns of congestion, bottle necking and parking spaces, with Mr. Bolduc. The Planning Board is not ready to say no to this ATM proposal, but are trying to work with Mr. Bolduc, and when the Planning Board has reached an agreement,the approval will be sent to the Board of Appeals. Chairperson Prouty rescheduled this public hearing until July 10, 2006 at 7:00 P.M. when Mr. Bolduc has had time to meet with the Planning Board. Speaking,against this proposal was Lynette Williams, stating if the ATM is opened, there would be more traffic at this site. 2. Acceptance of the minutes of May 22, 2006. 3. Chairperson Prouty asked if there was any other business to come before the Board. There was none. Member Prouty made a motion and it was seconded by member Harpin to close the meeting. All were in favor, none opposed. The meeting was closed at 7:47 P.M. . Jo TOWN OF AGA WAM 36 MAIN STREET AGA WAM, MA 01001 .�, T DECISION OF BOARD OF APPEALS SATED MP Petition of: Elwin Jock ' Premises affected: 56 Debra Lane Date: June 12, 2006 Case #: 1748 The Agawam Board of Appeals conducted several public hearings from February 13, 2006 through June 12, 2006 and a public meeting on June 12, 2006, at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Elwin Jock, who is seeking a Special Permit in accordance with Section 180-71, of the Zoning Ordinances, which would allow for the reconstruction of a residential dwelling significantly damaged by fire found to lie within the flood plain at the premises identified as 56 Debra Lane. After the public hearings, and after a thorough review of the facts presented, the Agawam Board of Appeals made the following findings: 1. The subject property is located in an Agricultural district zone. 2. The subject property is located in the five hundred year flood zone (Zone B) as identified by HUD Flood Map 250133-002A. 3. The previously existing residential dwelling was significantly damaged by fire in 2005. 4. The petitioner wishes to build a new dwelling on the existing foundation. 5. Section 180-68, Paragraph A states: "All land delineated on the map consisting of two(2) pages entitled"Flood Insurance Rate Map,Town of Agawam,Massachusetts,Hampden County, effective February 1, 1978" as Zone Al 1, Zone A16, Zone A, Zone A-2 and Zone B shall be included in the Flood plain Zone." 6. Section 180-71, Paragraph H states "new construction or substantial improvements of residential structures within the Flood plain Zone will have the lowest floor(including basement) elevated to or above the level of the one hundred year flood. 7. Section 180-71, Paragraph A states "if any land in the flood plains as defined in Section 180-68 is found by the Board of Appeals not in fact to be at or below the level of the base flood(one-hundred-year flood),...... the Board of Appeals may grant, after a public hearing with due notice, a special permit for the use or development of such land and for the construction and erection of a building or structure for any purpose permitted in the underlying district." 8. Mr. James Daley, of Daley Associates, Westfield, MA, representing the petitioner, submitted a Letter of Map Amendment Determination Document (Removal) issued through the Federal Emergency Management Agency. FEMA has determined that the structure located on the subject property is located in Flood Zone B. 9. Approval was received from the Agawam Conservation Commission for this project. rw Page 2 Elwin Jock Case #1748 10. There was no opposition expressed at the public hearing nor received in writing by this Board. 11. This Board has found that the site is an appropriate location for such a use. 12. This Board has found that the use as developed, will not adversely affect the health, safety or property values of the neighborhood. 13. This Board has found that there will be no nuisance or potential hazard to vehicle or pedestrian safety. 14. This Board has found that there will be adequate and appropriate facilities and controls providing for the proper and safe operation of the proposed use. Based on its findings, the Board is of the opinion that the requested relief is within the authority of the Board of Appeals to grant a Special Permit in accordance with Sections 180-71, Paragraph A. Now, therefore, by a unanimous vote of its three members,the Zoning Board of Appeals hereby grants the petitioner a Special Permit to construct the addition with the following conditions: 1. The lowest floor(including the basement) shall be elevated to or above the level on the one-hundred-year flood. 2. All state and local building requirements must be met. 3. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special Permit" form, which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. 4. This Special Permit shall become null and void if construction does not commence within two (2)years from the date of this decision. t - S� Q Doreen Prouty Fred Harpin oa e JV BOARD OF APPEALS PUBLIC MEETING May 22, 2006 The following members attended the public meeting: Doreen Prouty, Chairperson Fred Harpin, Vice Chairperson Acting Clerk, Larry Hoague Betty Manchino, Secretary 1. Elwin Jack Case 41748 Continuance of public hearing for Elwin Jock seeking a Special Permit in accordance with Section 180-71 which would allow for the reconstruction of a residential dwelling significantly damaged by fire, found to lie withing the flood plain at the premises located at 56 Debra Lane. The public hearing was reopened at 6:56 P.M. Sitting on this case were Chairperson Doreen Prouty, Vice Chairperson Fred Harpin and Acting Clerk Larry Hoague. Present for the petitioner were Mr. Jim Daley, and Elwin Jock the petitioner, who had requested a thirty (30) day extension on this permit as, they were waiting to hear from FEMA on their appeal. Mr. Daley presented the letter from FEMA on their appeal which stated that the structure at 56 Debra Lane is in the 500 year flood plain, and does not have to abide by the elevations raised in the 100 year plain. Chairperson Prouty was confused by the designation of their decision on being in Zone B not under Zone A as designated in the Town Zoning Code. Mr. Daley stated that the FEMA decision supercedes the Town's regulation and there should not be a problem rebuilding this structure. Chairperson Prouty was not able to make a decision until she checked out the Town law on this zone change. She was confused reading the Town law and wanted to discuss this matter with people who have expertise in this matter. She agreed that the house was out of the flood plain but could not understand the change in zoning from Zone A to Zone B, and asked to reschedule this public hearing until June 12, 2006 at 6:00 P.M. Chairperson Prouty made a motion to continue the public hearing and it was seconded by member Hoague. Minutes of April 24,2006 were unanimously approved. Minutes of May 8, 2006 were approved as amended unanimously. Executive session minutes of May 24, 2006 accepted unanimously. 4. Chairperson Prouty asked if there was any other business to come before the Board. There was none. Member Prouty made a motion and it was seconded by member Hoague to close the meeting. All were in favor, none opposed. The meeting was closed at 7:15 P.M. J BOARD OF APPEALS PUBLIC MEETING March 13,2006 The following members attended the public meeting: Doreen Prouty, Chairperson Fred Harpin Vice Chairperson Larry Hoague, Acting Clerk Joseph Conte, Alternate Betty Manchino, Secretary 1. Elwin Jock Case #1748 The Agawam Zoning Board of Appeals held a public hearing on March 13, 2006, at 6:30 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Elwin Jack, who is seeking a Special Permit in accordance with Section 180-71, which would allow for the reconstruction of a residential dwelling significantly damaged by fire found to lie within the flood plain at the premises located at 56 Debra Lane. Chairperson Prouty read the legal notice and explained the procedure to be followed. She then introduced the sitting members on this case: Doreen Prouty, Fred Harpin and Larry Hoague. The petitioner, Elwin Jock, had former Town Engineer Jim Daley present. Mr. Daley Explained that they have submitted a letter to FEMA applying for a map amendment which would remove this structure from the flood plain. Stating that this law was altered prior to the first flood plain map published in 1978. FEMA has acknowledged receipt of this letter and would take action within 30 to 60 days. It is anticipated that this appeal will be granted because Mr. Daley has worked with other members of this community who lie in this plain, and did not want to pay the extra cost for homeowners flood insurance. Chairperson Prouty stated that no decision will be made until they heard from FEMA, and the petitioners requested an extension of this application. Chairperson scheduled their next hearing for April 24, 2006, at 6.00 P.M.,but if the petitioner has not heard from FEMA the week before, he is to notify the Board to reschedule this hearing at a later date. A motion was made by member Prouty and seconded by member Harpin to close the public hearing at 6:50 P.M. 2. Acceptance of the minutes of February.13, 2006. 3. Chairperson Prouty asked if there was any other business to come before the Board. There was none. Member Prouty made a motion and it was seconded by member Harpin to close the meeting. All were in favor,none opposed. The meeting was closed at 7:40 P.M. CO --CD �dGkJ E�ct//t✓ C Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the A awam computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Elwin Jock same return key. Name Name 56 Debra Lane Ma ivliling Address Mailing Address Agawam MA _ 01001 Cityrrown State Zip Code Cityrrown State Zip Code 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: assessors plot plan nla Title Date Title Date Title Date' 2. Date Request Filed: January 25, 2006 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission c t�ped your Request for Determination of Applicability, with its supporting documentation, and 7ibv,the following Determination. Project Description (if applicable): Rebuild home that burned, using original foundation. Project Location: 56 Debra Lane Agawam Street Address City/Town L8 6/1 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•rev.12115/00 Page 1 of 5 + Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 -- Determination of Applicability 11 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(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 wpaformUcc•rev.12115/00 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 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. w1>8R9M2.doc•Tea.121 55= 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 follow ng 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 February 10 , 2006 Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A) and the property owner(if different from the applicant). ❑❑Signatures: J February 9 , 2006 Date wpaform2.doc-rev.12/15/00 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 -- Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional office(see Appendix A)to issue a Superseding Determination of Applicability.The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant.The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc•rev.1211WO Page 5 of 5 TOWN OFAGAWi 36 N STET A. AGAWAM, 11�i,A 01001 BOARD OF APPEALS Case # Z2 12 - Fred Heariner �C 3 Application to Board of Appeals for SPELLU-EERM 11 as provided in the Zoning and other By-laws_ Applicant ��C. �.✓ DG/'�, Address 5d", ,D�,� Z14 .Application is hereby made for as provided by Section ,D- Paragraph of the By-law. Premises affected are situated on Street; 2.,Z-Q feet distant from the corner of Za--g' Street and known as street number . Property is zoned as 7D A,4411G j �D �iS'�,�� Drrl�.►�,aG ^ v s 14, ��• fI\�JTf�� Y bF =i d b- Nrr Signature of o r or his authorized agent 3dda:�0'p8/A�3S d5H! NOTICE: THIS APPLICATION M UST BE FILLED OUT IN TaVI'C OR TYFE WR1 T-V Town of Agawam Assessor's Office 36 Main Street, Agawam, Massachusetts 01001-1837 o M Tel. 413 - 786-0400 x 205 Fax 413 - 786-9927 Email: assessor@agawam.ma.us N >N tart November 16, 2005 0 '' Mr. Elwin A. Jock 56 Debra Ln. _ a� Agawam,MA 01001-3304 w Dear Mr. Jack: RE: Abutters list for 56 Debra Ln., Agawam (L8 6 1) The attached abutters list for the above-named property has been certified with 8 abutters. If you have any questions,please call. Sincerely, C4"& t�'Uh-Q'aL� Lin6 M. Morneau, MAA Assessor Page 1 of 1 i y r 3 � . 3� E � T Y 9 3 lg E E , x Abutters To Parcel L8 6 1 JOCK ELWIN A 56 DEBRA LANE AGAWAM , MA 01001-3304 PID: L9 2 16 J PID: L9 2 15 PID: L9 3 2 . PID: L9 3 1 WIENERS RONALD EDWARDV PELLEGRINO JOHN D CROTEAU ROBERT P BRUNET DENISE JR 59 DEBRA LANE 70 DEBRA LANE 42 SHERWOOD DR 67 DEBRA LANE AGAWAM , MA 01001-3303 AGAWAM , MA 01001 3304 AGAWAM , MA 01001 33 AGAWAM , MA 01001-3303 J PID: LB 5 16 �PID' L8 5 17 ` PID: L8 6 10 HIBBERT MARJORIE ✓ CHRISANTHOPOULOS JOCK ELWIN A �� C 11xL ram. 41 DEBRA LN GEORGE J 56 DEBRA LANE AGAWAM , MA 01001-3303 51 DEBRA LN Agawam , MA 01001 AGAWAM , MA 01001-3303 PID; L862 KURCHNER DEBBIE A `f 48 DEBRA LANE AGAWAM , MA 01001-3304 1 -ter 2-� `J r-� • Page I of -down of A N+ N• ' 36 Main Street Agawam, Massachusetts 01001-1837 .. . ..�p 1 TeL 413-786-0400 . ' Fax.413-786-992.7. : DATE; AGI CERTMCATION OF ABUTTERS LIST cz PROPERTY LOCATION: "� 1> MAP # _ BLOCK# LOT#�^ .7 CONTACT PERSON NAME: .,. . �� ✓//� !o4 G CONTACT PERSON-ADDRESS CONTACT PERSON- PHONE NUMBER ABUTTERS N. �D� I CJ GJ�6 •�Ir,.� ap# Block# Lot# Address of property: &,*,* Z,C ` A e 4,Lc Address of Owner: _� . _� .�r•4 •bsFi�i �'��64/AO ,, .14t dL- aza 2z Name: �I J0/"!e, T Map# Z?Block#,' ::5' Lot# Address of Property: ` Address of Owner: �`►- /�� r page of ABUTTERS Naive : 4. ap# Block# Lot# Address of property: z7 Address of Owner. �'E' Name: 'kz- Zzv 1VIap# Block# -- Lat# . Address of property : .�6 � .� j , •Q a/11Q� Address of Owner: "ou, alAd 1 Name: ea-o"'- se lap# Z Q Block# Lot# Address of roram • e s 4.1 A 4 property : Andress of OumeT: �,� /��• �" /'�,/ / ,6 ,/,y 4 ------ Name: *x"a-�' �'a �- # Block# Lot# / Address ofproperty: Address of Owner. �� ..6� s9y e—, 4 Dp Name: Map# Block#,. 3_Lot# J . Address of property : - e. i' 4J A ,0f• 491API �J Address of Owner: �- cs D1l d c,� b s �1• Qz y Name: G` fl`A1 _ !�_ ._ M2 r, /t _ Map# Block# Lot# Address of property: .. i• AJf.� Address of Owner: Z. Ziy 17455 wK,4444 {+c-21 5 KNOW ALL MEN BY THESE PRESENTS that We, CONRAD J. BOUCHER and ALICE L. BOUCHER, husband and wife, both of Agawam, Hampden County, Massachusetts, being mmarried,-for consideration paid, and in full consideration of Forty—six Thousand Five Hundred ($46,500.00) Dollars grant to ELWIN A. JOCK and JUDY F. JOCK, husband and wife, as tenants by the entirety and not as tenants in common, both of 74 Alhambra Circle South, in said Agawam, with warrantij cownents the ]and in Agawam; Hampden County, Massachusetts, being known and designated as Lot #5 as shown on a plan of lots recorded in the Hampden County Registry of Deeds in Book of Plans 121, Pages 2 and 3, said lot being more particularly bounded and described as follows : NORTHWESTERLY by Debra Lane, as shown on said plan, one hundred fifteen (115 ) feet; NORTHEASTERLY along Lot #}6 as shown on said lan, one hundred forty-eight and 32/100 (148.32�j feet; SOUTHEASTERLY by land now or formerly of G. & E. Reynolds, as shown on said plan,• one hundred fifteen and 06/100 (115.06) feet; and ,:,OUTHWESTERLY by Lot #4 as shown on said plan, one hundred fifty- two and 04/100 (152.04 ) feet. CONTAINING seventeen thousand two hundred seventy-one (17,271 ) square feet of land. SUBJECT to easement right to Western Massachusetts Electric Company by instrument dated September 30, 1970 and recorded in the Hampden County Registry of Deeds in Book 3541, Page 93. 'The foregoing instrument ci+eates no new lines. BEING the same premises conveyed to us by deed of Beverly W. Geanacopoulus Case, formerly known as Beverly W. Geanacopoulus dated September 26, 1973, and recorded in Hampden County Registry of Deeds, Book 3854, Page 78. Executed as a sealed instrument this 30th _. day of June, 19 77. Con ad Bouch Ihw Deed Exdse Stamp, Alice L. Boucher isum ---- -- ------- —�_. _- fiffixed and cancelled on hack of tlli.`,' I.I U1llillt �le�amm�n�erx � ttrhu�� Hampden, s5. June 30, 1177. Then personally appeared the above named CONRAD J. BOUCHER and ALICE L. BOUCHER „ atad'zrkt�oticlecigecl the foregoing instrument to be their free act and deed, Q r .Before me, ? . - JUN 30 I977 � •�-�•'� �• !_.,a Crm,'x Notary Pab1tiC xx0momidw AT '� My commission expires �" ! !1 n� 19 RWD FROM THE ORIGIN C ' (THE FOLLOWING IS NOT A FART OF TIM I1Y.FD, AND IS NOT TO BE REVOIIDFD.) GENFRAL LAWS, (TER. ED.) CHAPTER 183, SECTION 10. A deed in substance following the form entitled "Warranty my ]?ecd" shall, 1014.11 duly executed, have the force and effect of a deed in fee simple to the grantee, his heirs and atssit;tls, to his .11141 their own Itse, Willi covenants on the part, of the grantor, for himself, his heirs, executors, administrators arld successors, With the grantee, sin heirs, successors and assigns, that, at the time of the delivery of such deed (1) he I►cls I'mfully seized in fee simple of the granted premises, (2) that the granted premises ►sere free front all cneull►hrances, (:3) that he had good right to sell and convey the same to the gl'antee anti (►is heirs a►►cl assigns, uri(; (4) ili:►t he will, and his heirs, executors and administrators shall, warrant, and defend Ibe s.unc to the truvitec and his hVit:5;tnd assil;ns againnt the lawful claims and demands of all persons. CQ~NWFALTH OF MASSACHUSETTS G '4 4 5 a a j� en - . 0 2� as , RIL 110 SS A� i+k +x cu P•1 CA A �} zJ• - 4 �! [9 q fE o S 0 0 IC 0 q w g `r c� , ri pv b x; o � Z � � X � aw 1-3 ct3 0 's Ln ` O � I a � ,- i v Ir T � i 4 d V) M hz r � V � } > L I�lj 80isw SC CALC@)2003 DESIGN REPORT- US Tuesday,August 30,200510:2, Double 1 3/4" x 16" VERSA-LAMM 3100 SP File Name: BC CALL Project:F1302 Job Name: .' Elwin Jock Description.garage door header Address: Specifier. Bob at Bollards City,State,Zip:, Designer John Michalski Customer: Company. Boise Code reports: ICBO 5512,NER 629 Misc: I E 1 Standard Load•30 psf 110 psf Tributary -MM. so 6160 Ibs LL C�-~�'Q" q= 6160lbs LL 2326 ibs OL J 2326 lbs OL Total Horizontal Length-16-00-00 General Data Load Summary Version: US Imperial ID Description Load Type Ref. Start End Type Value Trib. Dur. S Standard Load Unf.Area Left 00-00-00 16-00-00 Live 30 psf 11-00-00 100% Member Type: Floor Beam i Dead 10 psf 11-00-00 909% Number of Spans: 1 1 roof load Unf.Area Left 00.00-00 15-00-00 Live 40 psf 11-00.00 115% Left Cantilever: No Dead 15 psf 11.00-00 90% Right Cantilever: No Controls Summary Slope: 0/12 Control Type Value %Allowable Duration Load Case Span Location Tributary: 11-00-00 Moment 33944 ft-lbs 79.0% 115% 3 1 -Internal Neg.Moment 0 ft-lbs n/a 1000/0 End Shear 7072 Ibs 66.8% 115% 3 1 -Left Total Load Deft. L1293(0.655") 81.8% 3 1 Live Load: 30 pst Live Load Deft. U404(0.475") 89.1% 3 1 Dead Load: , 10 psf Max Deft. 0.655" 65.5% 3 1 Partition Load: 0 psf Duration: 100 Notes Disclosure Design meets Code minimum(L/240)Total load deflection criteria. The completeness and accuracy of Design meets Code minimum(L/360)Live load deflection criteria. the input must es verified b an Design meets arbitrary(1")Maximum load deflection criteria. y anyone Minimum bearing length for BO is 2-7/8". who would rely on the output as Minimum bearing length for B1 is 2-7/8". evidence of suitability for a Entered/Displayed Horizontal Span Length(s)=Clear Span+1/2 min.end bearing+1/2 intermediate bearing particular application. The output above is based upon building Connection Diagram code-accepted design properties Consult project design professional of record or BOISE technical representative for connection design and analysis methods. Installation Member has no side toads. of BOISE engineered wood products must be in accordance Connectors are:16d Sinker Nails with the current Installation Guide and the applicable building codes. „ To obtain an Installation Guide or if a`2„ d you have any questions,please call b`3 - t (800)232-0788 before beginning c W 4" a product installation. d= 12" —r— C BC CALCO,BC FRAMERV,BCIO, BC RtM BOARDT",BC OSB RIM • �� BOARDTM,BOISE GLULAM-, VERSA-LAM®,VERSA-RIM@, VERSA-RIM PLUS®, a VERSA-STRANDTM a VERSA-STUDO,ALUOISTO and T� AJS'm are trademarks of Boise Cascade Corporation. Page 1 of 1 Amm- BC CALCII)2003 DESIGN REPORT-US Tuesday,August 30,2005 10:20 Triple 13(4" x 9 1/2" VERSA LAM@ 3100 SP File Name: 8C CALC Project:FB01 Job Name. Elwin Jock Description:2nd floor beam Address: Specifier: Bob at Boilards City,State,Zip:, Designer John Michalski Customer: Company. Boise Code reports: ICBO 5512,NER 629 Misc: C_Ply PV"Jf 0 � d- JStandard Load-4O psf lj5psf Tributary07:2B- so 131 1800 lbs LL 1800 lbs LL 759 Ibs DL 759 lbs DL Total Horizontal Length-12-00-00 General Data Load Summary Version: US Imperial ID Description Load Type Ref. Start End Type Value Trib. Our. S Standard Load Unf.Area Left 00-00-00 1240-00 Live 40 psf 07-065-00 1001% Member Type: Floor Beam Dead 15 psf 07-06-00 90% Number of Spans: 1 1 Left Cantilever No Controls Summary Right Cantilever. No control Type value %Allowable Duration Load Case Span Location Moment 7677 ft-lbs 36.7% 10(r/* 2 1-Internal Slope: 0(12 Neg.Moment 0 ft-lbs n1a 1 0(r/0 Tributary: 07-06-00 End Shear 2221 lbs 23.0% 1000/6 2 1-Left Total Load Defl. U543(0.265-1 44.20/6 2 1 Live Load Dell. U772(0.187') 62.2% 2 Max Defl. 0.265" 26.5% 2 Live Load'. 40 psf Dead Load: 15 psf Notes Partition Load: 0 pst Design meets Code minimum(LJ240)Total load deflection criteria. Duration: 100 Design meets User specified(IJ480)Live load deflection criteria. Design meets arbitrary(1')Maximum load deflection criteria. Disclosure Minimum bearing length for BO is 1-1/2". The completeness and accuracy of Minimum bearing length for Bi is 1-1/2". the input must be verified by anyone Entered/Displayed Horizontal Span Length(s)=Clear Span+1/2 min,end bearing+1/2 intermediate bearing who would rely on the output as evidence of suitability for a Connection Diagram particular application. The output Consult project design professional of record or BOISE technical representative for connection design above is based upon building Nailing schedule applies to both sides of the member. code-accepted design properties Member has no side loads. and analysis methods. Installation of BOISE engineered wood Connectors are:16d Sinker Nails products must be in accordance With the current Installation Guide a 2" and the applicable building codes. b 3" To obtain an Installation Guide or if c-2-3W you have any questions,please call d (800)232-0788 before beginning 12" product installation. e 3' 0 0 BC CALM BC FRAMERO,BC110, C BC RIM BOARD—,BC OSB RIM BOARD-,BOISE GLUILAM-, 0 0 VERSA-LAM®,VERSA-RIM0, e X, VERSA-RIM PLUS®, VERSA-STRAND-, VERSA-STUD®,ALUOISTO and 4 b AJS'm are trademarks of Boise Cascade Corporation. 77M Page 1 of 1 ASONSIFBC CALM 2003 DESIGN REPORT-US Friday,Augur 26,20031 6:55 Triple 131411 x 71/4" VERSA-LAM@)3100 SP Fite Name: 130 CALL Project,17805 Job Name: Elwin Jack . Description: Address: Specifier: Bob at 8pilards City,State,Zip:, Designer: John Whataki Customer: Company: Boise Cods reports: ICBO 5512,NER 6229 Miso: M .... t i Standard Load•4Q p5f 10 pat r(irurary 12.00-00 ' I NO Hw Ti. .rue 07.06.00 ALOT•OE-DO r' 07.08.00 30 51 132 133 4050 lbs LL 10800 Ibs LL 10800 Ibs LL 4050 lbs LL 1472 lbs DL 4048 Ibs DL 4048 The OL 1472 lbs DL Total Horizontal Length•22.06-00 0eneral Data Load Summary Version: US Impede] lip Description Umd Type Ref. Start End Type Value Telb. Dur. 8 Standard Load Unf,Area Left 00-00-00 22.06.00 Live 40 pet 12•00-00 10DYo Member Type: Floor Sam Dead 10 pat 12.00.00 90% Number of Spans: 3 1 partition walla Unt.Lin. Left 00-00-00 22-0"0 Live 0 pit n1a 100% Left,Cantilever No Dead 120 plf Na 90% Hight Cantilever: No 2 Un#.Area Left 00►00.00 22.013-00 Live 40 psf 12.00.00 100% Dead 10 psf 12 00.00 90% Slope: 0112 3 Unf.Area left 00.00.00 22-OM Uve 20 psi 12-00.00 1009/1. Tributary: 12-MOO Dead 10 psf 12-MOO 901/0 10 Gamrola Summary Control Type Value 1%Allowable Duration load Case Sparc Location Live Load: 40 psf Moment 1 ONO It-lbs 84.66A 1000/0 7 3.Left Dead Load: 10 psf Neg.Moment -10635 ft lbs 84.6% 100% e 1 "Right Partition Load: 0 psf End$hear 46M Ibs 01.2% 100% 4 1 -Left Duration: 100 Cont.$hear 6737 lbs 91.5% 100% a 1-Right Total Lead Boil. t1360(0.25') 09.7% 1 Disclosure Live Load Defl. Li462(0.196') 78.0% 4 1 The completeness and accuracy of Total Nag.Defl. •0.118u 23.8% 4 2 the input must be verified by anyone Max Deft.. 0,25" 25,0% 4 1 who would rely on the output as evidence of suitability for a NOteS particular application. The output Design meets Code fninlmurn(L/240)Total load deflection crlteria. above is based upon building Design meets Code minimum(LJ960)lave load deflection criteria. aide-accepted design properties Design roasts arbitrary(11)Maximum load deflection criteria. and analysis methods, Installation Minimum bearing length for 80 is 1-1/2". of BOISE engineered wood Minimum gearing length for 31 is 8-3/8°- products must be in aaoordenae Minimum hearing length for 82 Is 3.30. With the current Installation Guide Minimum hewing length for 133 is 1.1/2". and the applicable bultding codes. gntered/Displayed Horizontal Sparc Length(a)s Clear Span+1/2 min,end Clearing+112 intermediate bearing To obtain an Installation Guide or if you have any questions,ploos call Conrtectittn Diagram (800)232-0788 before beginning Consult project design professional,of record or 13015E technical representative for connection design product installation. Nailing schedule apples to both sides of the member. 8C CALCO,80 I`RAMEPA,800, Member has no side loads. So RIM BCAl31)"A,So ON RIM Connectors ere-iad Sinker Nails BOARDTm,BOISE GLULAMIm, VERSA-LAMS,VERSArRiMO, a�2" �--�—�Ll'---�-� VERSA-RIM PLU b�3. VERSA-STRAND"', 0 a 1.518" ..y...� VERSA-BTUDS,ALLJOIB"f�and d a 12" 4 e AJSI-m are tradernatka of e=S, rJ 0 Boise Cascade Corporation C G 0 D J---i AK 26. 2005 4:49FV B01H BMDD EWP DIPS ` �Q. 124 P. 2 Awns- BC CALCM 2003 DESIGN REPORT- US Friday,August 26,2005 1064 Double 13/4" x 71/4"VERSA-LAMS 3100 SP File Name: SC MC Project:F004 Job Name: Elwin dock L3mdrion: Address: Speeit er: Bob at Bollards City,State,zip:, Designer; John Michalski Customer: Cornpany: Boise Code reports: IC130 5512,NER 629 Miw: _ I Sundard LM-4tf t 15 T TdbutarY 7�D&00_ ..L. . 00-C*.00 M09-M o3- --- 06.03-00 80 81 S2 153 l34 1635 Ib8 LL 4344 lbs LL 2970 lbs LL 2172 lbs LL 848 Ihs LL 672 the OL 1649 ibe DL 890 lbs OL $04lbs DL 302 lbs Dt. Total Horizontal Length.24-00-00 General Data Load Summary Version. US Imperial ID Reaarlptlon Load Type Ref. s aart l*nd Type Value Trib. Dur. S `standard Load i lnf.Area Left t}0-00.0Q 24.00.0t7 Live 40 psf 07.06-00 100% Member Type: Floor Learn Dead 15 p3t 07.06-00 90% Number of Spans: 4 1 tint.Area Left 00.00-00 12.00.00 Live 40 psf 07-06.00 1006%, Left Cantilever: No Dead 15 pal 07.06-00 80% Flight Cantilever: No Controls Summary Tributary. 0/12 00 Control TyPe Value %Alfc►wable Duration Land C9se Span t.At:eti0tl Moment 3692 ft-lbe 42.00/6 100% 6 2-Left Nog.Moment -3522 ft-Ids 42.01116 100% 6 1 -Right End Shear 1704 Ibg 34.7% 100% 4 1 -Left Live Load • 4D pat Cont.Shear 2661 lbs 54.2% 100% 6 1 -Right Dead toad: 15 psi Total Load Oaff. L/911 (0.092") 26.4% 4 1 D Dead Load- 0 f Live Load Defl. L/1165(0.064d) 41.aa/a 4 1 Total Neg,Deft. -0=1' 4.6% 4 2 Duration: 100 Max Dell. 0.082" 6.2% 4 1 Disclosure Notes The complateness and aoouraCp of Design meets Code minimum V240)Total load deflection oriterfa. the input must bs verified by anyone Design meets User specified(1-1480)Live load deflection criteria. Who would rely on the output as Design meats arbitrary(14)Ma:amum load deflection criteria. evidence of suitability for a Minitntun bearing length for 80 Is 1-1/2°. particular application. The output Minimum bearing length for 81 is 3" above is based upon building Minimum bearing length for 8219 3'. code-accepted design properties Minimum bearing length for 83 is T. and analysis methods. installation Minimum bearing length for 134 is 1.1/211. of BOISE engineered wood EnteredlDispiayed Horizontal$pan Length(s)m Clear Span+1/2 min,end bearing+1/2 intermediate bearing products must be In accordancs with the current Installation guide Connection Diagram and the applicable building codas. Consult project design professional of record or BOISE technical representative for connection design To obWn an Installation Guide or I Member has no side loads. ru have any questions,please call 00)232-0788 before ginning Connaotors are:led Sinker Nails product irtstallatlon, SC CALL*90 FAAMER0,I3CI01 b=3" b ' 'r""--- d SC RIM I30ARDT10+,BC 088 RIM o z 1_&aN --�--- BOAR Tm,BOISE GLULAM'mi d s�12" a VERSA-LAM%VERSA-RfMOt VERSA-RIM PLUS@, VERSA•MANDTm, C VEFISI-MCq ALUOIS O and AJSTBoise are tw i erlaft orpo of at Boise Cascaade Corporation. e AUG, 26. 2005 4:51PM BOIBE BMDD 50 BEPT NO. 124 P. 4 f BC CALCO 2003 DESIGN REPORT-US Friday,August aa,2005 18:34 Single i 4" AJ$Tm 25 M$R File Name, SC CALL project-J01 Job Name: Eiwin Jock Description:joist above garage Address: Specifier: Bob at Bollards City,veto,Zlp:, Designer: John Michalski Customer: Company: Wee Code reports: ISR-1144 Miso: Standard[odd--40 pst l i o plf 22 8padng i8° Aft 567 Ibs LL 5e71bs LL 147 lbs pL 147 lba DL Total Horizontal Length-22-00-00 General Data Load Summary Version: US Imperial ID Desar,ptlan L,oad'Type Ref, Start and Type Value ©CS Dur. S Standard Load Unf.Area Lett 00.00.00 22-00.00 Live 40 pat 16' 100% Member Type, Joist Dead 10 pat loll 80% !Number of Spans: 1 Left Cantilever: No Controls Summary Right Cantilever: No Control Type Value %Allowable Duration Load Case Sparc Location Moment 4033 ft ibe 53.7% 100% 2 1 -Internal Slope: O/12 Nag,Moment 0 ft-Ibs. n/a 1000/0 ©C Spacing: 16" End Reaction 733 lbs 64.1% 100% 2 1 -Loft Repe#ttive: Yes" Total Load Defl. U572(0.451") 41.9% 2 1 Construction Type:Glued Uve,Load Deft. L716(0.369') 67.1% 2 1 Max Deft 0.461" 46.1% 2 1 Live Load: , 40 pat Span/Depth 18.9 n!a 1 Dead Load: 10 pat Partition Load. 0 pat Notes Duration: 100 Design meets Code minimum(L/240)Total load deflection criteria. ` iscioeurs Design meets User specified(L/480)Live load deflection criteria. The completeness end accuracy of Design meets arbitrary(1°)Maximum load deflection oriter+a. Minimum bearing length for So Is -1/211. the input must be verified by anyone Minimum bearing length for$1 is 1.1/2", who would rely on the output as Entered/Displayed Horizontal Span Length(s) Clear Span+1/2 m1n,end bearing+1/2 intermediate bearing evidence of suitability for a particular application. The output above is based upon building jade-accepted design propertles and analysis methods. Installation of 1301U engineered wood products must be in accordance with the current Installation Guide and the applioabte building codes. To obtain an installation Guide or If you have any questions,please call (800)232-07M before beginning product installation. BC CAL(A BC P"RAMERV,130I9, SC RIM 80AROW,BC 088 RIM sOARt3'n .BOISE GLULAW'4, VERSA LAM*,VERSA-RIME Vl_RSA RtM PLUSS, VERSA-STRANDT04, VERSA-STUDO,ALLJOIST41)and AJSTm are trademarks of Raise Cascade Corporation. i a-P %N, Al#11Meg) BOARD OF APPEALS PUBLIC MEETING October 23,2006 ,The following members attended the public meeting: Doreen Prouty, Chairperson Fred Harpin, Vice Chairperson Joseph Conte, Clerk -`� Larry Hoague-Alternate � A Betty Manchino-Secretary i c- tp Ar-7 1. Francis Duda, Case#1758 3 Chairman Prouty reopened the Public Hearing at 6:OOPM without the petitioner being preset. The Board voted to keep the Public Hearing and wait for the Petitioner. o r. rr 2. Continuation of Public Hearing for Sand Trap School Club, LLC, Case #1762 Chairperson Prouty reopened the Public Hearing at 6:15PM. Sitting on this case were Doreen Prouty,Fred Harpin and Joseph Conte. The purpose of reopening this Public Hearing was to set a date for a future Public Hearing due to time limitations at the previous meeting. Chairperson reset the date for this hearing to November 13,2006 at 7:30PM. Attorney James Donahue representing the petitioner indicated that new information has been submitted to the Building Inspector on behalf of the petitioner's. He stated that an incorrect address had been filed by the State and the State has acknowledged the:mistake. Copies of a letter from Attorney Donahue to the Building Inspector indicating this response by the State were distributed to Board members. Attorney Donahue has not had a response to this recent letter by the Building Inspector but if he still receives a negative recommendation his client will appear before the Board. Chairperson Prouty made the motion to continue this Public Hearing at 6:25 PM and to continue this hearing to November 13, 2006 at 7:30PM. The vote was unanimous. 3. Francis Duda Case#1758 Chairperson Prouty reopened the Public Hearing at 6:25PM. Sitting on this case were Doreen Prouty,Fred Harpin and Joseph Conte. The petitioners were present with their Attorney Gretta LaMountain. Chairperson Prouty read into the record a letter of withdrawal by the petitioners. The petitioners were unable to acquire the needed land for the building of their garage from their neighbors being 6" short and so the petitioner is in the process of rebuilding the garage on a smaller scale to correspond to all building code requirements. Unfortunately,the engineer that had originally pegged their property line had a stroke and his office is unable to locate any documentation on this project. The Board was sympathetic to the petitioner for all the expenses they have incurred. The Board voted to accept this withdrawal without prejudice.- _da-e 1 Gr3 4 Prouty-yeah Harpin-yeah Conte-yeah 4. Continuation of Public Hearing for Iosif Kot Case#1759 Chairperson Prouty reopened the Public Hearing at 6:35PM. Sitting on this case were Doreen Prouty, Fred Harpin and Joseph Conte. Chairperson Prouty read into the record a letter from DL Bean requesting a continuation of this hearing when they should actually request an extension. Members questioned the legality of this continuation as the case expires on October 27"': Clerk Conte made the motion to vote to reject this application subject to receiving a request for an extension of time by the petitioner within the four days before the case expires. Chairperson Prouty said she would contact DL Bean to make such a request. Indicating that the petitioner must request a sixty day request by 10/27/06 at 4:OOPM Chairperson Prouty made the previous motion to reject subject to receiving the proper request for an extension by the petitioners. VOTE- Prouty-yeah Harpin-yeah Conte-Yeah 5.. Public Hearing-Matthew&Angela Jodoin, Case#1763 Chairperson Prouty read the Legal Notice for this case and opened the Public Hearing at 7:OOPM. Sitting on this case were Prouty, Harpin and Conte. Attorney Thomas Miranda of 1380 Main St. represented the Jodoin's. He explained that when his client's purchased their home at 187 Adam Street they did purchase it because it had an in- law apartment which they needed for Angela's mother to take care of her uncle who has down syndrome. This house was advertised with a second floor in-law apartment by the seller of this house and they were told it was allowable. They assumed it was legal as the former owner resided in this home for forty years. No permits were on file for the modifications that were made to this property. Attorney Miranda distributed a letter from abutters that they do not object to this apartment and they support their request for a variance. By not granting this variance Attorney Miranda stated this would create a hardship for the petitioners as the mother and uncle would have no living quarters, Chairperson Prouty acknowledged this would be a hardship under the federal regulations for the ADA. The hearing was opened to the public and George Casiello of 180 Adams Street stated he has lived there since the house was built and has no problem with accepting this variance. _cfw 2 ta3 4 Chairperson Prouty made the motion to accept this variance on the condition that it be completely be inspected by the Town Inspectors. Clerk Conte added that they must have a Certificate of Occupancy by the Building Inspector. VOTE Prouty-Yeah Conte-Yeah Harpin-Yeah Public Hearing closed at 7:30PM. 6. Continuation of public hearing for Pride Convenience; Case# 1750 In accordance with Section 180-44 Paragraph 1 which would allow for a"Drive-up Automated Teller Machine at 6 North Westfield Street. Chairperson Prouty reopened the Public Hearing at 7:30PM. Sitting on this case were Prouty, Harpin and Hoague. Mr. Bolduc stated that he has met with the Planning Board, Engineering and hired his own engineer for a traffic study on this petition and they have changed the parking spots on the property, they will continue the island,have a back door to the convenience store, and they will close off one driveway. Mr. Bolduc requested to incorporate his second request for the drive- thru Dunkin Donuts at the same time. Chairperson Prouty read into the record the approval of the Planning Board of these plans dated October 2, 2006. 7. Continuation of Public Hearing for Pride Convenience, Case 4 1756. In accordance with Section 180-44, Paragraph H of the zoning ordinances which would allow for a drive-thru Dunkin Donuts. Chairperson Prouty re-opened the Public Hearing at 7:45PM. Sitting on this case was Prouty, Harpin, and Hoague. At this time both cases for Pride were open. Alternate Joseph Conte stated he was in opposition to these proposals stating they would have an adverse affect on the community and thought there should be no more activity on these premises. Mr. Bolduc stated that the Dunkin Donuts across the street would be moving over to the Pride Station and would alleviate traffic and make an improvement in the traffic flow at the intersection. Planning and Engineering had both sent a positive letter recommending this project. Mr. Hoague questioned if the petitioner had a letter stating Dunkin Donuts would be closing their other operations and Mr. Bolduc stated he could get one if the Board so needed it. Mr. Hoague questioned his concerns of the driveway that enters onto Springfield Street at the entrance to the busy intersection and Mr.Bolduc stated there is a sign that no left turn can be made. Chairperson Prouty stated she was pleased with the door to the Pride store is being built in the back of the building. _CfTs 3 Gr3 4 Mr. Bolduc stated he has invested a lot of money with an engineering firm and the Town's ` engineering department to come up with these new plans for this project. He stated that the traffic problem the Town had seen a few months ago probably won't be happening again as there was a gas price war going on and he did not make any profit at that time. Chairperson Prouty closed the Public Hearing at 8:22PM and the Board went into a public meeting. Mr. Hoague stated the volume of business at this site was an issue but with the new improvements and the one way driveway issue resolved he would vote to approve these permits. Chairperson Prouty was also pleased with the new plans stating the major congestion at the front of the building will-be alleviated with the use of the back of the building and she was in favor of the permits. Chairperson Prouty-made the motion to accept Case41750 for the ATM Prouty-yeah Harpin-yeah Hoague-yeah Chairperson Prouty made the motion to accept Case#1760 for Dunkin Donuts Prouty-yeah Harpin-yeah Hoague-yeah The Minutes of July 10,2006, September 11, 2006 and September 25, 2006 were accepted unanimously. 8.Chairperson Prouty made the motion to adjourn at 8:40PM, seconded by Harpin. All were in favor,non opposed. d3,E 4 G's 4 TOWN OFAGAW4MAG4 W4CL hK Ut Fit;E 36 MAIN STREET ASS, 8#PCr AGAWAM, MA 0127 AN 11:yy DECISION OF BOARD OF APPEALS 0 MP Petition of Matthew &Angela Jodoin Premises affected: 187 Adams Street Date: October 25, 2006 Case##: 1763 The Agawam Board of Appeals conducted a public hearing and meeting October 23, 2006 , at the Library Conference Room, Agawam Public Library, 750 Cooper Street,Agawam, MA, for all parties interested in the appeal of Matthew & Angela Jodoin, who are seeking a Variance from Section 180-37, Paragraph A of the Zoning Ordinances, which would allow for the continued use of a second housekeeping unit at the premises identified as 187 Adams Street. After the public hearings, and after a thorough review of the facts presented,the Agawam Board of Appeals made the following findings: 1. The subject property is located in an area of Town zoned Agricultural. 2. The existing dwelling was originally built in 1958 with an in-law apartment added around 1963. 3. A building permit application was approved for a 3 bedroom addition in 1963. No other issuing permits could be found for this addition. 4. Section 180-23, Paragraph B provides for a variation in the use of a one-family dwelling if such dwelling was in existence at the time of the adoption of Section 180-23. 5. The subject property was not in existence at the time of the adoption of Section 180-23, thus the request for a Variance. 6. The petitioners purchased the subject property in 2003. Angela Jodoin's mother and uncle live in the 4 room in-law apartment. DECISION, Page 2 AGd WAM OF� L Matthew&Angela Jodoin 6 0CT 2 7 A ' M 1j= Case# 1763 44 7. Angela Jodoin and her mother are legal guardians for Angela's uncle who has Down's Syndrome. 8. The petitioners submitted the written approval from three of the abutting neighbors for this request. 9. The Board has found that the second housekeeping unit has preserved the standard and character of the neighborhood. 10. The Board has found that Angela Jodoin's uncle, who is handicapped due to Down's Syndrome,is protected under the Americans with Disabilities Act. Based on its findings, the Board is of the opinion that it is within the authority of the Zoning Board of Appeals to grant a Variance from Section 180-37, Paragraph A of the Zoning Ordinances. Now, therefore,by a unanimous vote of its three members, the Agawam Zoning Board of Appeals hereby grants the petitioners a Variance to allow for a second housekeeping unit with the following conditions: I. The petitioners must get a Certificate of Occupancy for the in-law apartment from the Inspector of Buildings. 1 d12 f-1tJb Doreen Prouty/d%yt;,/��(�, Fred Harpin J6seph Conte TOWN OFAGAWA,.,A 36 MAIN STET" AGAWAM, MA 0140.E BOARD OFAPPFrA.LS 0 Case # Filed ��T aoZM A.pplieadon to Board of Ajppesls for V 10E frorn the requirements of the Zoning By-laws. dkpplicant Mati-hex Yrarl�ol"n"i Address ^3 R7 edamc gtrgPr Angela Jodoin Application is Hereby made for a from the requirements of 6ectiod _ Paragraph „ _of Zoning Ordinance. Premises affected:. Address Deuription of proposed l Ong brriir i ng I. Size of braiding: Height: # of stories 2. Oimipancy or Uge: (of each floor) -Reg-Ldgntial 3. Suiiding Zone District: Agri.cultur ,lam 4. Date of Erection: 1959-1963 5. Ras there been a previous appeal, under zoning on these penises No g 6. Description of proposed work or use: dwelling used as a primary residence with an in--law apartment 7. - The principal reasons upon which I bese my application are as follows: see attached sheet fc-) R -r N' t� Signature of owner or his authorized.agent �- Matthew Jodoin Angela Jodoin NOTICE: T1 HS APPUCATION MUST.BE FU..ED OUT VV 1W OR TYPEWA-IT.ITEN TOWN OF AGAWAM APPLICATION FOR VARIANCE FROM SECTION 180-37 OF Cn THE ZONING BY-LAWS � a� �Crn PROPERTY ADDRESS: 187 ADAMS STREET PROPERTY OWNERS: MATTHEW JODOIN AND ANGELA JODOIN �c C rr 1. The house at 187 Adams Street was built in the 1954's. � 2. Building Permit was issued in 1963 for an addition to the existing home. There is no record in the Building Inspector's office with regard to inspections concerning the 1963 Building Permit. We understand that the in-law apartment was added at that time. 3. The house has been used as a principal residence with an in-law apartment since the early to mid 1964's. 4. The house was advertised for purchase with an in-law apartment (see attached advertisement by the seller). 5. Matthew and Angela Jodoin purchased the house because it had an in-law apartment so that Angela's Mother could live there and she and Angela could help take care of Angela's 46 year old uncle, who has Down syndrome. Angela's Mother would also be available for day care of our 2 young children within the home. Our 3 year old was born with a severe congenital heart defect, and we need the help of Angela's mother in his care. 6. To prohibit this use will impose a substantial hardship on our family. 7. The continued use of the property will not injure any neighbors' property or the neighborhood because the use has existed for over 40 years. 8. In Agawam there are very few similar houses in the Agricultural Zoning District with 2 housekeeping units. 9. The use will not derogate from the intent of the Zoning Ordinance because Article III, section 180-23 specifically provides a variation for a second housekeeping Unit maybe granted upon certain conditions, which includes abutting property owners consenting to our proposed use. Another requirement is that the home was in existence before the Zoning Ordinance was enacted. The use of the house as with 2 housekeeping units has existed for over 40 years,but the house was constructed after the enactment of the Zoning Ordinance. {Documen�X:IDOCS125464k11tettmemo100045608.DOC;1} FOR. SALE Beautiful California Brick Ranch with 4 room in-law apartment f r {t�_ r , rr• 4 r' i Conveniently located 10 min. from Springfield, 12 min. from Bradley Int. and 23 min. from Hartford. Situated on 1/3 acre lot, home has 4 foot overhangs, all tile baths and kitchens, paver patio with block wall, concrete driveway. 'Ist floor has 3 br's, 2 full baths, closets lined in cedar, and fireplace. Basement has full bath, kitchen, fam rm wl fireplace. 2nd Fl in-law apt has separate entrances, hardwood floors, tile kitch, full tile bath, cedar lined closets Offered for $299,900 Built in 1958 1 st floor +1-1938 sf = 2nd floor +/- 914 sf Vincent Spagnolo Total +/-2850 sfFinished 187 Adams Street Basement +f- 812 sf Agawam, Ma 01001 Total +1- 3662 sf 413-821-9917 9'd 2b02£UZ.0i :woNj dos:z0 S002-Z2-`lnr F � Town of Agawam Assessor's Office 36 Main Street, Agawam, Massachusetts 01001-1837 0y` Tel. 413-786-0400 x 205 Fax 413 -786-9927 Email: assessor@agawam.ma.us August 8, 2006 Mr. Matthew Kelly Law Clerk Cooley, Shrair P.C. 1380 Main St. —Fifth Floor Springfield, MA 01103-1616 Dear Mr. Kelly: RE: Abutters list for 197 Adams St.,Feeding Hills (J6-7-12) The attached abutters list for the above-named property has been certified with 26 abutters. If you have any questions,please call. Sincerely, Linda M. Morneau, MAA n�` Assessor i nc--; �rn z X n(--, vi-I-, Page _I of 6 G Town of Agawam T t 36 Main Street Agawam, Massachusetts 01001-1837 - yc� TeL 413-786-0400 Fax 413-786-9927. o -- o+ y�. DATE: August 4, 2006 1 3� CERTMCATION OF ABUTTERS LIST PROPERTYLOGATION: 187 Adams Street, Agawam, MA n MAP # J6 BLOCK# 7 LOT# 12 CONTACT PERSON NAME: Thomas Miranda EsUire Cooley, Shrair P.C. CONTACT PERSON- ADDRESS 1380 Main Street, 5th Floor, Springfield, MA 011103 CONTACT PERSON-PHONE NUMBER 413-735-8036 ABUTTERS Name: Sep attmvihtati ,- Map# Block# Lot# Address of property: Address of Owner: . Name: maps#Block# Lot# Address of Property: Address of Owner: b'd 2f70222Z:01 :wau 8st7:zo 9002-Z2--1nf Page 2 of 6 ABUTTERS Name: Robert N. Hulse and Dorothy J. Hulse Map# J7 Block# 6 Lot# 13 Address of Property: 156 Adams Street Address of Owner: 156 Adams Street Name: Albert L. Asselin Map# K7 Block# 2 Lot# 9 ,l Address of Property: 143 Adams Street Address of Owner: 143 Adams Street Name: Richard T. Haas and Marcia W. Haas Map# J7 Block# 6 . Lot# 12 Address of Property: 170 Adams Street Address of Owner: 170 Adams Street Name: James Planzo and Kathleen Planzo Map# J6 Block# 6 Lot# T 1 J Address of Property: Rear Adams Street Address of Owner: 200 Adams Street 1c41,e_oVallAvh lrto, ee��_Tah�i C,Tate Nominee_ Name: -H-ail Map#J7 Block# 6 Lot# 10 / Address of Property: Main Street V Address of Owner: _ zja 61 id I, Name: John M. Morin and Mary A. Morin Map# J6 Block# 6 Lot# 8 Address of Property: 208 Adams Street Address of Owner: 208 Adams Street Docu men t=X:1D0C5199919991rea Iles i100095455.DOC;I Page 3 of 6 ABUTTERS • Name: Dennis Chagnon and Alice J. Chagnon Map#J6 Block# 7 Lot# 26 f Address of Property: Rear Adams Street Address of Owner: 195 Adams Street r Name: Albert Ba etta Map# J6 Block# 7 Lot# 11 J Address of Property: 177 Adams Street Address of Owner: 177 Albert Street Name: Susan D. Comee Map# J6 Block# 7 Lot# 10 Address of Property: 26 Pineview Circle Address of Owner:26 Pineview Circle Name:_Dennis Chagnon and Alyce J. Chagnon Map# J6 Block# 7 Lot# 13 Address of Property: 195 Adams Street Address of Owner: 195 Adams Street Name: George T L/T_Casiello&Roxanne&Lana CasielloMap#J7 Block# 6 Lot# 14 Address of Property: 180 Adams Street Address of Owner: 180 Adams Street Name: James Kathleen Planzo and Anna J, LIT HayesMap# J6 Block# 6 Lot# 10 Address of Property: 200 Adams Street Address of Owner: 200 Adams Street [Document=X:T0CS199919991sealresi10W95455-DOC;I} Page 4 of 6 ABUTTERS Name: Raymond A. Bronner Map# J6 Block# 7 Lot# 14 Address of Property: 201 Adams Street Address of Owner: P.O. Box 83 Agawam, MA 01001 Name: Arthur R. Lawson and Carol A. Lawson Map# K6 Block# 2 Lot# 4 Address of Property: 51 Pineview Circle Address of Owner: 51 Pineview Circle Name: Kevin C. Sheehan and Mary E, _Sheehan Map# K6 Block# 2 Lot# 27 / Address of Property: Rear Cottonwood Lane Address of Owner: 16 Cottonwood Lane Name: Joseph M Bucalo, Jr. Map# K7 Block# 2 Lot# 10 J Address of Property: 161 Adams Street Address of Owner: 161 Adams Street Name: Martin P. Tomaszewski Map# K7 Block# 1 Lot# 1 J o Address of Property; 150 Adams Street C" C. � ni Address of Owner: 150 Adams Street 3 M . �u Name: Simon Edwards and Heather Paradise Map# K6 Block# 2 Lot# 2 Co> Address of Property: 31 Pineview Circle J Address of Owner; 31 Pineview Circle Docu men r—X:IDOCS19991999Vcalresi100095455.DOC;1} Page 5 of 6 ABUTTERS • Name: Robert L. Parent, Jr. and Joyce L. Tubbs Map# K6 Block# 2 Lot# 1 Address of Property: 21 Pineview Circle Address of Owner; 21 Pineview Circle Name: Robert S. Re ish Map# K7 Block# 2 Lot# 11 Address of Property: 11 Pineview Circle Address of Owner: 11 Pineview Circle Name: Elmyra Powers Hamelin c/o Carolyn BanningMap# J6 Block# 7 Lot# 15 Address of Property: 209 Adams Street N/ Address of Owner: 209 Adams Street Name: KathyA. Labrec ue Map# J6 Block# 7 Lot# 9 Address of Property: 255 Pineview Circle Address of Owner: 255 Pineview Circle Name: Thomas_F. Roberts and Susan C. Roberts Map# K6 Block# 2 Lot# 3 Address of Property: 41 Pineview Circle Address of Owner: 41 Pineview Circle / Name: Barbara J. Jacobson Map# K6 Block# 1 Lot# 11 v Address of Property: 46 Pineview Circle Address of Owner. 46 Pineview Circle Docantent=X:1DOCs19991999\reatresi%00095455.DOC;I} Page 6 of 6 ABUTTERS Name: Joel D. Hayden [Ta o[*tL_Map# K6 Block# 1 Lot## 12 Address of Property: 240 Pineview Circle J Address of Owner: 240 Pineview Circle d fig- 5� ti Name: George T LIT Casiello Map#J7 Block# 6 Lot# 11 Address of Property: 180 Adams Street Address of Owner: 180 Adams Street Name: Map# Block# Lot# Address of Property: Address of Owner: Name: Map# Block# Lot# Address of Property: r Address of Owner: Name: Map# Block# Lot# o --- —n c. Address of Property: n Address of Owner: _.._ z Z a c. Name: Map# Block# Lot# 'C- Address of Property: Address of Owner: Docu men t=X:IDOC S`,99919991realresi%00095455.DOC;I . - - � �5��/' J 1 !�!I'fH Imo-Y /�I6✓K�M1 o� Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 t�P `1 Tel. 413-786-0400 Fax 413-786-9927 A7ED October 6, 2005 Richard Joseph, Ashlie &Todd Gionfrido Michael Jacquier N 59, 67 & 71 Ridge Avenue Agawam, MA 01001 To Whom It May Concern: At its duly called meeting held on October 6, 2005, the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not Required" for a parcel of land located on Ridge Avenue. Plans drawn by Anderson Associates and dated Aug., 2005. Sincerely, AGAWAM PLANNING BOARD Please Veadvised that failure to record the plan within six(6) months and provide proof of recording will negate the action of the Board. Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam, MA 011001. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To Agawam Planning Board Please be advised that the Form A plan that was filed by Joseph and approved by the Agawam Planning Board for a parcel of land located on Ridge Avenue has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant J O SC//// /e l (- t�D AUG-08-2005 13.52 TOWN OF PGA" 7% 9927 P.a2 r T own of Agawam " 36 Main Street Agawam,Mmachusem 01061-1837 Tel, 413-786-0400 Fax 413-786-9927 f FORM A �. &WjCC Approval FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITti- THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-8 Agawam, MA _11 Q(v, t -—20 0 f 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 re uired. ��C��Rrtp r!. :10,C q. �i- $��c,r= b Tc�� t'�� o0 1. Name of Applicant in�C t4At=L JW c a"I_F cL _ - Address 59 Vi a-7 t t t C . r u 2. Name of Surveyor , t o r{, CiLS ( o 4 4(r� uc 1 Address 3 7 yr W,4t,,x;j St . F KT. 3. Deed of Property Recorded in ,�. Asq ff(P g- Book S3 S 2 2,w Page a `71 -Z S-S 4. Location of Property Ft4 2t G E (ih, 5. Describe the proposal in this submission: C cc,u c`7 0 Ia P Ru� c.�y T u a 0� 0e,o 6, a uz, ATTACHMENTS -Two originals and three copies of plan by certified land surveyor. Filing Fee - $35.00. Signature of Owner Address v� .d 4„ -e I TOTAL P.02 2 BOARD OF APPEALS PUBLIC MEETING Se tmber 10,2007 The&llowing members attended the public meeting: c� Q C%J Doreen Prouty, Chairperson NXFred Harpin, Vice Chairperson Ua CO Joseph Conte-Clerk Gary Suffriti Alternate can Larry Hoague, Alternate Cr r- Betty Manchino-Secretary c� 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 15'b and September 7a'. The September 7 h 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 Suffriti stated that there has never been a safety issue on that corner 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 I 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 ##1E803-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 Suffhti 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 Suffriti 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 a 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 Town of Agawam 36 Main Street A. am, usetts 01001-1837 Tel. 413-786-0-06 3-786-9927 V rri G?a o Xr September 7, 2007 MW Z 3 D C r—n C` John Kozah John's Auto Service - 10 Main Street Agawam, MA 01001 Dear Mr. Kozah: At its meeting held on September 6, 2007,the Aa Board discussed you request for a temporary parking permit to park cars during the Pasu=Stags position at 10 Main Street. You had previously submitted a plan which the Board reui st its macting held on August 2nd. After reviewing the plan,the Planning Board sent you a letter dated A t 15,2007 which requested you revise the plan for the September 6`h meeting. No-ieN _has been submitted. The Planning Board is not able to adequately review p- Im uafil it is properly prepared. The Board, therefore, is sending your plan back to you for=anon- The item will be placed upon an agenda as soon as a plan is received. If you have any questions,please contact the Planni at,86-0400, extension 283. Sincerely, , !1f a�n Dennis B. Hopkins, Chairman Agawam Pia ing Board cc: Cl Board of Appeals Building File TOWN OFAGAWAM FOR OFFICE USE ONLY 36 MAIN STREET Case #:—L'fP ' too AGAWAM, MA 01001 Filed: 67 IL �hOZQ 2 BOARD OF APPEALS Hearing: ATED Ma Expires: ................................................................ ................-............................................... Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and other By-laws. Applicant U-OAN 's /-y-[ (5r-(z-vj,cf Address 1 D WA*V) o 0414 , Application is hereby made for a SPECIAL PERMIT as provided by Section Paragraph —of the By-law. Premises affected are on,situ t d 10 VM M, Street; feet distant_ from the corner 17 er of I R, Street and known as street number Prop" is zoned as COWWIEE-U4 Reason(s)for request of Special Permit: eo4Po0(2P,(ZV PAVLLNO) -LrL ::E7 > Signature of owner or his authorized agent4 -----, Telephone #: rT NOTICE: THIS APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN First American Title Insurance Company of New York ` r Title No. PVTR 30312 KA SCHEDULE A ALL THAT certain plot, piece or parcel of land, situate, lying and being in the Town of Agawam, County of Hampden, Massachusetts and being shown on an unrecorded plan entitled "Plan of Land in Agawam, Massachusetts surveyed far Getty Oil Company (Eastern operations) , Inc. dated September 24, 1984" by Heritage Surveys and bounded and described as follows: i BEGINNING at a point at the southerly end of a curve connecting the Southerly side of Main Street with the 'Easterly ,sde of Suffield j Street; E RUNNING THENCE the following two courses along the southerly side of Main Street (1) South 510 45' 17" East 4.73' and (2) South 520 02' 17" East 99.22, t E THENCE West 440 42' 43" 197.53 feet to a point; { ? THENCE North 510 Ill 17" west 80.57 feet to the Easterly side of Suf- field Street; ! THENCE North 260 32' 43" East alone the Easterly side of Suffield Street 159.88 feet to a point; THENCE Northeasterly along a Curve to the right having a radius of 31.95 feet an arc distance of 56.71 feet to the point or place of BEGINNING. The policy to be issued under this report will insure the title to such buildings and imprm ements erected on F the premises which by law constitute real property. FOR TOGETHER with all the right,title and interest of the party of tdlL�vrst 6arty,of,in and to the land lying j CONVEYANCING in the-street in front of and adjoining said premises. REGL "! ONLY MAR 151985 AT-U—'Y,62L ?0 Page 2 is - -2- � 57' 5 PAGE 507 STATE OF NEW YORK } ss. i COUNTY OF WESTCHESTER ) On this day of , 1985, before me appeared t r1to me personally ]mown, who, being by me duly swotn, did say that he is the Real Estate Manager of TEXACO REFINING AND MARKETING, INC., ;= formerly known as GETTY REFINING AND MARKETING COMPANY, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors and said Real Estate uanvc-n acknowledged said instrument to be the free act -and deed of said corporation. it Notary Pubtk,State of New Yorks 9A s-f No.01 Fp47F0ODD -•.fie My commission expires: OuallGedin Waslchester County CommJcsion Expirua Niereh 30.18 MAR 30 1986 - . ...._._ ,:s: .t:.�t".N`. ' '0'* _ //f�11 �r n. r••_ _ •�I��rrs . i. f 4 #30312 i . r Boar,5775 P E 5®6 10843 . 1 I; f30312 ) :' i QUITCLAIM DEED TEXACO REFINING AND MARKETING INC. , formerly known as GETTY REFINING AND MARKETING COMPANY, a Delaware corporation, with an office at 1437 South Boulder, Tulsa, Oklahoma, formerly GETTY OIL COMPANY (EASTERN OPERATIONS) , INC. , hereinafter referred to as "Grantor," in consideration of One hundred-Two thousand dollars yf ($102,000) , grants to POWER TEST REALTY COMPANY LIMITED PARTNERSHIP, a New York limited partnership, with a usual place 3 , of business at 175 Sunnyside Boulevard, Plainview, New York 11803, hereinafter referred to as "Grantee," with QUITCLAI14 S'r COVENANTS, ALL THAT PIECE OR PARCEL OF LAND described in Schedule ,r A. Subject to the following: 1. Taxes for the year 1985 and subsequent years. 2. Covenants, easements and restrictions of record. 3. Zoning regulations and ordinances and building restrictions and regulations of record. 4. All existing leases and tenancies. R 5. All assessments, costs, and charges for any I a and all municipal improvements affecting or benefiting said premises. m 6. Any state of facts an accurate survey may disclose. c IN WITNESS WHEREOF Grantor has caused its corporate 96 seal to be hereunto affixed and these presents to be signed, a knowle ged and delivered in its name and behalf by its Real Estate ];Sena 9Br , hereto duly authorized,this / � day of in the year one thousand nine hundred and eighty-five, For deed reference see Book 4310, Page 223. TEXACO REFINING AND MARKETING INC. , is formerly known as GETTY REFINING ATTEST: AND MARKETING COMPANY o A . By ,i i v i:' r! l =�.+4�.ti.r �:'�:;�-� � . ='r 8ea1 Estate l3a�aeBBr i'n�',r `fP1eVi.to Robert A. Conti � i 3 • @ @ n � � q 0 o ■ _ On _ . c o P N _ g � � e 7 = =r orl � � AA _ E \ N L4 � _ e � � c 2 = u a on Ln Ln = _ In ® ® LV � / k ■ s o — E ■ f — AI4 R o k _ w \ 29 \ + § k � � _ � Massachusetts Department of Environmental Protection LI� Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Pp � Y 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 r only the tab � key to move To: Applicant Property Owner(if different fr U pliaarW): your cursor- g ct do not use the Caren Joy same _ return key. Name NameJ '' 232 South Street VQ Mailing Address Mailing Address N K. Agawam MA_ 01001 u' City/Town State Zip code cityrro+nn State r Zip C&e 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: copy of Assessors Map _ _ _ none _ Title Date Title Date Title Date 2. Date Request Filed: June 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): 10'x 20'shed on existing stoned area Project Location: 232 South Street A awam Street Address CitylTown J4 _ _ _ _ 1/27 Assessors Map/Plat Number ParceULot Number wpaform2ADC•re.12f15MO Page 1 015 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 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(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.doc•rev,12115/00 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 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 cerfdied 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. wpaferm2.doc•rev.12/15100 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 (cant.) ❑ 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 June 18 , 2007 Date Date This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office(see Appendix A)and the property owner(if different from the applicant). ❑CSignatures: 4A June 14 , 2007 Date wpaform2.doc•rev.12115/00 Page 4 of 5