Loading...
M -- �1 s Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B - Certificate of Compliance 87409 and 87- Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 342 Provided by DEP A. Project Information Op 7, cro Important: s When filling out 1. This Certificate of Compliance is issued to: Z forms on the Attorney Richard Pesto computer, use only the tab Name key to move 68 Court Street your cursor- Mailing Address (/3Tr do not use the Westfield MA 10 i'C return key. City/Town State %0p Coderr' V I I 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: l —vl MacBrook, Inc. Name October 28, 1997 87-409 Dated DEP File Number 3. The project site is located at: 54 Kozak Court Feeding Hills Street Address Cityrrown B8 215 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property owner(if different) Hampden 10049 268 County Book Page #87-342 -Bk. 8813, Pg. 343 Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: Date B. Certification Check all that apply: ❑ Comptete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ® Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: 54 Kozak Court(lot 34) wpaform 8b.doc•rev.12115/00 Page 1 of 3 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B -- Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the W etlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Agawam 7--27-06 Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See Appendix A). Signatures:_ , i fire ar i Ji M is S�n VW Bec Steven Douglas Frank Meagher wpaform 8b.dac•rev.12115/00 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 87-409 and 87- Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 342 Provided by DEP C. Authorization (coat.) Notary Acknowledgement Commonwealth of Massachusetts County of Hampden On this 27th Of July 2006 Day Month Year before me, the undersigned Notary Public, personally appeared Fred Harpin, Jill Messick, Sheryl Becker, Steven Douglas, Frank Meagher, Name of Document signer proved to me through satisfactory evidence of identification, which was/were MA Driver's Licenses Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Agawam Conservation Commission City/Town Signature of Notary Public Pamela R. Edmunds Printed Name of Notary Public Place notary June 4, 2010 seal and/or any stamp above My Commission Expires(Date) wpaform 8b.doc•rev.12115100 Page 3 of 3 ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 87-409 and 87- Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 342 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Agawam Conservation Commission Please be advised that the Certificate of Compliance for the project at: 54 Kozak Court(lot 34) 87-409 & 87-342 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampden County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded an the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 8b.doc•rev,12/15/00 Page 4 of 3 Tj?)? B oak �% �� v' a� [.aJJwY�IL11,74LL.7 =�,►tuurrC,r«►r C[1vIrVlurrVrlidl l'fOi@CilQn fl Bureau of Resource Protection -Wetlands DEP Fite Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to:. forms on the Attorney David Young computer, use Name only the tab key to move 62 Suffield Street your cursor- Mailing Address do not use the Agawam _ MA 01001 return key. City/Town State �--: zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: ss MacBrook; Inc. (1) MacBrook, Inc. (2) Name (1)August, 1003 (2)2-1-9fi 1 87-342, 2 87-3 Dated DEP File Number = c 3. The project site is located at: 113 Tobacco Farm Road Feeding Hills Street Address City/Town 139 3-5 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Hampden _ (1)8813 (2)9381 (1)343 (2) County Book 585 Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent,on: Date B. Certification Check all that apply: . ❑ Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ® Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification'that have been completed and are released from this Order are: 113 Tobacco Farm Road (lot 241 wpeform 8bAOc rev.121/5/00 Page 1 of 3 — ir�uS�u�.11u7GLL� LPdNd1L11ieni yr environmental Protection - Bureau of Resource Protection - Wetlands oEP File Number. WPA Form 8B --- Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided byDEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new.Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: 9-9-04 Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See Appendix A). Signatures: r) H y loski steveil Wou as 'red pi _ T Frank Meaghe - wpaform 86.dor•rev.12l15V00 Page 2 o13 iviassacnuseitts ueparEment or tnvilronmental Protection Bureau of Resource Protection -Wetlands D✓~P File Number. WPA Form 8B - Certificate of Compliance • Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by©EP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Ham den 9th September 2004 On this Day Of Month Year 'before me,the undersigned Notary Public, personally appeared Henry A._ Kozloski.. Steven Douglas , Fred Harpin , Sheryl Becker._ Name of Document Signer Frank .Meagher proved to me through satisfactory evidence of identification, which was/were MA drivers liecenses Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged . to me that helshe signed it voluntarily for its stated purpose. As member of Agawam Conservation Commission Cityfrown Signature of otary Publi Pamela R. Edmunds _ Printed Name of Notary Public Place notary seal and/or any stamp above June 4, 2010My Commission Expires(Date) wpaform 8b.doc•rev.12M 5/00 Page 3 of 3 IrIuaZnCUA1 aUuZi LJepdtMIL-1111 of Cnvironrrieniai Protection Bureau of Resource Protection - Wetlands DEP Fiie number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation. The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Agawam Conservation Commission Please be advised that the Certificate of Compliance for the project at: 113 Tobacco Farm Road 87-342 and 87-376 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampden for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Dumber Signature of Applicant wpaform 84.doc•rev.12115M0 Page 4 d3 79 9 vfC-' 2d Massachusetts Department of Environmental Protection .- - Bureau of Resource Protection - Wetlands WPA Eme gency Certification Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Emergenc Information Important: Agawam Conservation Commission When filling out Issuance From: Issuing Authority forms on the 34 Jennie Circle computer, use 1. Site Location: only the tab key to move 2 Reason for Emergency: your cursor- donotusethe Severe bark erosion which may affect the structural &ntegrity of return key. existing bome and deck. 3. Applicant to pe orm work: Gennaro & Christine Malafronte 4. Public agency to perform work or public agency ordering the work to be performed: 5. Date of Site Visit: Start Date: End Date*: 3-23-06 3-27-06 4-27-06 "no later than 30 days from start date or 64 days in the case of an Immediate Response Action approved by DEP to address an oiVhazardous material release. 6. Work to be allo ed*: Place loa and rocks and top with seeding along the .eroded area. cn *May not include work beyond that necessary to abate the emergency. B. Signatures Certified to be an Emergency by this Issuing Authority. Signatures: March 23 , 2006 Chairman r esigpee)� Date E/kry os i, airman a o e S ev D s ker Fran Meajh� Ji Messick A copy of this form must be provided to the appr `priate DEP Regional Office. WPA Emergency Certification - Page f of 2 Rev.11101 • Massachusetts Department of Environmental Protection f yp EP File Number: ILI Bureau of Resource Protection - Wetlands y �5 WPA Form v - Order of Conditions 87-517 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information t Important: From. When filling �. out forms on Agawam the computer, Conservation Commission use only the tab key to This issuance if for(check one): _ move your cursor-do ® Order of Conditions Ln not use the return key. ❑ Amended Order of Conditions To: Applicant: Property Owner(if different from applicant): Yaroslav Zyats _ Michael Martin Name Name 199 Labelle Street 201 Leonard Street Mailing Address Mailing Address W. Sfld. MA 01089_ Agawam MA 01001 ObTrown State Zip Code City/Town State Zip Code 1. Project Location: 201 Leonard Street A awam Street Address Cityfrown L8 5110 Assessors Mapnat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Hampden _ 12.347 _ 422 County Book Page Certificate(if registered land) 3. Dates: 8-24-05 9-22-05 9-22-05 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Plot Plan of Land Own in Agawam MA, owned by Michael Martin, Lot"D" Aug 2005 Title Date Leonard Street(received 9/22105) Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Ronald R. Huot Name 6. Total Fee: $500.00 (from Appendix B:Wetland Fee Transmittal Form) Wpaform5.doc•rev.1211 SW Page 1 of 7 L1Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 1 WPA Form 5 - Order of Conditions 87-517 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ❑ Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ❑ Protection of Wildlife Habitat ❑ Groundwater Supply 0 Storm Damage Prevention ® Flood Control Furthermore,this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the perm ittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. W pafornMoc•rev.12M 51W Page 2 of 7 ILIMassachusetts Department of Environmental Protection DEP He Number: Bureau of Resource Protection - Wetlands WPA Form 5 - order of Conditions 87-517 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court far the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size gearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number87-517 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP, 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. Wpaforrn5.doc•rev.f2l15/W Page 3 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 - Order of Conditions 87-517 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion andlor damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. SEE ATTACHED CONDITIONS Findings as to municipal bylaw or ordinance Furthermore, the hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent, the conditions shall control Wpaform5.doc-rev.12115/00 Page 4 of 7 TOWN OF AGAWAM, MASSACHUSETTS CONSERVATION COMMISSION 01 ORDER OF CONDITIONS Leonard Street- Zyats/Martin 87-517 18. This Order supersedes all previous Orders of Conditions issued for this work. 19. The Order of Conditions applies only to the work permitted by this Order. Any other work to be done within the area of statutory interests of Wetlands Protection shall require the filing of a new Notice of Intent or Request for Determination. 20. During the construction phase,the applicant shall be responsible for maintaining a copy of these Orders at the site. The applicant shall be responsible for compliance with the conditions of these Orders. 21. The Commission shall be notified at least seventy-two hours prior to the start of construction and after erosion control measures are in place to enable the Commission to ensure compliance with these Orders. 22. Prior to the issuance of a Certificate of Compliance,the Commission requires a R.L.S. to submit certification that the as-built site conditions are in compliance with the proposed compensatory storage volume and the unrestricted hydraulic connection is maintained within the same reach of the waterway, as per 310 CMR 10.57. 23. The construction site shall be left in a stable condition at the close of each day. Erosion and sedimentation controls shall be continuously monitored to ensure proper operation. 24. Whether from on-site or off-site, any fill used in connection with this project shall be clean fill as described here: The fill material shall be clean coarse washed sand or other clean granular material essentially free of clay, fines, dust, organic matter, large stones, masonry, stumps, frozen clumps of earth, wood tree branches and waste material. Before the fill is put in place, all trees,brush and stumps shall be removed from the area to be filled. Topsail,peat and other impervious materials shall be removed from all areas to be filled prior to the placement of the fill material. 25. Members and Agents of the Agawam Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the construction site to evaluate compliance with the order and to require the submittal of any additional information deemed necessary. 26. This order shall apply to all successor or assignee in interest or control of the subject property. Any conveyance of interest or control in the subject property shall make reference to this order by stating that the conveyance is subject to the provisions of an Order of Conditions under the Wetlands Protection Act, M.G.L. Chapter 131, Section 40, and by giving the book and page reference in the Hampden County Registry of Deeds where this order is recorded. 27. The petitioner shall have recorded in the Hampden County Registry of Deeds an "Order of Conditions Form" provided by this Commission. The Commission will not allow work to begin until proof of recording is provided the Conservation Commission. Massachusetts Department of Environmental Protection pEP File dumber: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Provided byDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of issuance. 'e _tember 22 , 2005 Date _ ._. T — ---- This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office(see Appendix A)and the property owner(if different from applicant). Signatures: D Fred Harpin n e Beckerr� Henry A. ozloski On 22nd Of September 2QO5 Day Month and Year before me personally appeared Steven Douglas , Fred Harpin, Frank Meagher, Sheryl Becker, Henry A. Kozloski� to me kn . n t be th rson Ope ribed nd wh executed the foregoing instrument and acknowled that elf a ex` h same is/her free act and deed. June 4 , 2010 (Votary Public My Commission Expires This Order is issued to the applicant as follows: ❑ by hand delivery on ® by certified mail, return receipt requested, on September 26, 2005 Date Date W paform5.dec•rev.12l15100 Page 5 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions Provided byDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Agawam Conservation Commission Please be advised that the Order of Conditions for the Project at: n rd Street 87-517 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land,the document number identifying this transaction is: Document Number Signature of Applicant wpaform&doc-rev.12115M Page 7 of 7 Town of Agawam 36 Main. Street Agawam, Massachusetts 01001-1837 ti Tel. 413-786-0400 Fax 413-786-9927 July 7, 2005 W Michael Martin cn 201 Leonard Street . Agawam, MA 01001 Dear Mr. Martin: At its duly called meeting held on May 5, 2005, the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not Required" for a parcel of land located on Leonard Street. Plans drawn by R.A. Foresi and dated April 8, 2005. Sincerely, AGA M PLANNING BOARD Plea b v' ed 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 Martin and approved by the Agawam Planning Board for a parcel of land located on Leonard Street has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 �4'�EO MA Tel. 413-786-0400 Fax 413-786-9927 July 7, 2005 Michael Martin 201 Leonard Street Agawam, MA 01001 Dear Mr. Martin: r-n At its duly called meeting held on July 7, 2005, the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not Required" for a parcel of land located on Leonard Street. Plans drawn by Anderson Associates and dated June 2005. Sincerely, AGAWM PLANNING BOARD VPleasee advised that failure to record the plan within six (6) months and provide proof of recording.will negate the action of the Board Detach on dotted line and.return to the Agawam Planning Board, 36 Main Street, Agawam, MA 011001. To Agawam Planning Board Please be advised that the Form A plan that was filed by Martin and approved by the Agawam Planming Board for a parcel of land located on Leonard Street has been recorded at the Hampden County Registry of Deeds. Book ,Page Signature of Applicant F - IY1 / r' M Town .Of wam 36 Main Street Agawam, Massachusetts 01001-1837 Q� 4 Tel. 41,3-786-0400 Fax 413-786-9927 FORM A Application for, Endorsement of Plan Not Believed to Require Approval FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK 1N ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B Agawam, MA �!u�,./ 20 _ TO THE PLANNING BOARD: The undersigned, believing that the accompanying plan of his property in the T*n of Agawam does not constitute a subdivision within the meaning of the Subdivisior control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Applicant gj—jvti,r ----- rQ Address �_ � �� _� - 2. Name of Surveyor_ -!?Z"�_OlA. Address � 7r1 Z..C« ►u/� _..._ S_ n,.�r.��J � �laf 1 3. Deed of Property Recorded in Book .�2 YzI7 Page 4. Location of Property .1 ,.l —_ nz4kr) g j 5. Describe the proposal in this submission �r ATTACHMENTS - Two originals and three copies of plan by certified land surveyor. Filing Fe - $35.00. Signature of Owner Address 2,o 'own of Agawam - 36 Main Street Agawam, Massachusetts 01001-1837 CE0 Tel.. 41.3-786-0400 Fax 41.3-786-9927 FORM"A A.p.plicalion for En o Bement of Plan Not Beligved jo RequiLe Apprgval FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B Agawam, MA 20_05 TO THE PLANNING BOARD: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Cd trol Law, herewith submits said plan for a determination and endorsement that Planning, Board approval under the Subdivision Control Law is not required. 1. Name of ApplicantL _�,� ,�/ Address Z? 2. Name of Surveyor R. A. < w x A`�SCYCIA ES EL-77ms- r-._ 5 - � Address �c� �,=� a ==�f: UA Aloag 3. Deed of Property Recorded in 4.G, �Z,.fl. Book 12-34-7 Page ` ?-2_ 4. Location of Property Zo I L-e- 0-%a -cA 5. Describe the proposal in this submission: //'nt/ �,7r..,�/6k ATTACHMENTS - Two originals and three copies of plan by certified land surveyor. Filing Fee - Signature of Owner Address N�IN p� r A14-6e a,4y + Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 PLANNING BOARD o m April 23, 2008 k- - fI C c- Kimberly Masiuk Associated Builders, Inc. 4 Industrial Drive South Hadley, MA 01075 Dear Ms. Masiuk: At its duly called meeting held on April 17, 2008, the Agawam Planning Board voted to approve the revision to the sidewalk as constructed at the Agawam Crossing site leading from Suffield Street to the Bank as.described in your April 3, 2008 letter(attached). If you have any questions, please contact this office at 786-0400, extension 283. Sincerely, If ;�-sD Michael Morassi AGAWAM PLANNING BOARD MM/DSD:prk cc: Development Associates, Engineering Dept., Building Dept., Town Clerk, File ASSOCIATED BUILDERS, INC. 4 INDUSTRIAL DRIVE+SOUTH HADLEY,MA 01075•(413)536-0021 FAX(413)536-0908 April 3, 2008 Deborah Dachos, Director Planning& Community Development, Town of Agawam 36 Main Street Agawam, MA 01001 RE: Development Associates Agawam Crossing—Proposed Bank 806 Suffield Street, Agawam, MA Dear Ms. Dachos, Per your request, this letter is being provided to notify the Planning Board that during construction, a portion of the sidewalk leading from Suffield Street to the Bank was removed and replaced in the same location at a different slope in order to meet ADA (American Disabilities Act) and AAB (Architectural Access Board) requirements. Reconstruction of this section of sidewalk has been completed and approved by the Agawam. Engineering Department. A site sketch illustrating the reconstructed section of sidewalk has been attached for your use. Please do not hesitate to call me if you need additional information or further assistance. Sincerely, -1 I I wl64 �"/ c./a berly M. Masi P.E. Project Engineer cc: Travis Ward, Development Associates (1) Nick Urbinati, Agawam Building Department (1) Mike Chase, Agawam Engineering Division (1) AB Project File y Pa793S Agawam Bank,7923-755 DEV Amc BauZpumits'Special Permit-SPA,7938 PB-SW Modification.doc � © • n ` O a /V'n+' }r a L x o z rn zn r rn � p ` P /� f mil, n .S M1 00 .S 4 rn _ \ (� M c (j) moo o7uX M v 0 M S 0 U) rn °LM DATE SITE SKETCH FOR SIVEWALKRECONSTRUCTION r �sr ASSOCIATED BUILDERS,INC. m Development Associates A R4DUSiRIAL DRNF SOUTH HADLEY,IAA 01075 m +N+ Agawam Grassing Proposed Bank PHONE(413)536 0021 FAX(413)536 0908 N s Suffield Street,Agawam,MA - N n, EAdAIL:a6uflders@abuilders.com Massachusetts Department of Environmental Protection — Bureau of Resource Protection - Wetlands WPA Form 2 -- Determination of Applicability 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information - - - - - - - - - - - - - important: When filling out From: forms on the computer, use Conservation Commission - only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Massachusetts Highway Department, District 2 same return key. Name Name 811 North King Street Mailing Address J Mailing Address Northampton_ MA 01060 CityfTown State Zip Code Cityrrown State Zip Code 1. Title and Date(or Revised Date if applicable) of Final Plans and Other Documents: Commonwealth of none Massachusetts;Agawam: 157 South West Street, Remova_I Title Date of Building and Related Work Title Date O Agawam - Hause Removed Pra ct, Propert�r Location _ _ _ _ _ — 11/29�507 Title - _ Date 5�- 2. Date Request Filed: p rr- 3�. December 19, 2007 't-c - - - - - - - — — — , [a 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): Removal of existing structure and structural elements, regrading, loaming and seeding, installation of erosion controls and other related work. Project Location: 157 South West Street Feeding Hills Street Address City{Town C8 _ _ _ _ - _ 2114 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•rev.12JI5100 Page 1 of 5 r Massachusetts Department of Environmental Protection Ll Bureau of Resource Protection -WetlandsWPA 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 wpafarm2 doc•rev.12f15f00 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 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 16.58(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 Actor 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. wpeform2.dcc•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 (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatorylregulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on Q by certified mail, return receipt requested on January 11 , 2008 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: January 10 , 2008 Date wpaforrn2.doc.rev.12115100 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 A. General Information Important: When filling out From: forms on the Agawam computer, use onl the tab Conservation Commission Y key to move To: Applicant Property Owner(if different from Jsplicwt--' your cursor- r` do not use the Albert Stegemann, P.E.-District Highway Director z return key. Name Name o Mass. Highway Dept. District#2, 811 N. King St. Mailing Address Mailing Address Q _' Northampton MA 01060 r~ Cityrrown State Zip Code Cityrrown state ip ode 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Commonwealth of Massachusetts, Project 600937-A2awam; Route 5 1/22107 Title Date U.S.G.S. Locus Map Title Date Title Date 2. Date Request Filed: January 25, 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): Proposed maintenance work consisting of: cold planing and resurfacing the existing 4 lane roadway; waterway cleaning, resurfacing and reconstruction; adjusting and rebuilding existing drainage structures; placing new and adjusting existing granite curbing and edging; placing biuminous concrete curbing; removing, resetting and replacing existing guardrail, including upgrading buried and terminal end sections with tangent end sections; minor shoulder leveling and grading; placing signs; pavement markings and installing erosion controls. Project Location: Route 5 Agawam Street Address City/Town Assessors Map/Plat Number Parcel/Lot Number wpafarm2ADC•rev.12115YOO Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following 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 after 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 wpaforrn2.doc•rev.12/15100 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). The Agawam Conservation Commission is to be notified prior to working within the buffer zone to wetland on westerly side of Route 5. ❑ 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. wpaforrr2.doc•rev.12/15100 ?age 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable 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 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 tbe property owner if different from the applicant). ❑2Signatures: March 8, 2001 Date wpaform2.doc•rev.12115/00 Page 4 of 5 Massachusetts Department of Environmental Protectionr" - -- Bureau of Resource Protection - Wetlands VP Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information T 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 Massachusetts Highway Department District#2 same return key. Name Name 811 Forth King Street _ rQ Mailing Address Mailing Address Northam ton, MA 01060 City/Town State Zip Code Cityrrown State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: U.S.G.S. Map _ _ _ 715105 Title Date Project Locus _ _ � _ Title Date.' Typical Sections (6 sheets), Flared and Tangent Guadrail End Treatments (2 sheets_ _ Date 2. Date Request Filed: 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): Maintenance work-pavement milling & resurfacing with 2" hot mix asphalt; adjusting&rebuilding drainage structures; installing new guardrail end treatments; removing & resetting guardrail; safety sight distance tree trimming &clearing; cleaning drainage structures &paved waterways; remove&reset eding, curb&curb inlets; installing pavement markings; installing snow plowable raised pavement markers; traffic controls&other incidental items of work. Project Location: Route 57 east of Rte 75 bridge, easterly to rotary Agawam Street Address City/Town Assessors Map/Plat Number Parcel/Lot Number wpafarm2.doc•rev.12115100 Page 1 of 5 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands 1 WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cunt.) 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.12115100 Page 2 of 5 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (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 falls to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ® 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove,fill, dredge, or alter that area.Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act.Therefore, said work does not require the filing of a Notice of intent, subject to the following conditions(if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•rev.12/15/00 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands -WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5.The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatorylregulatory provisions) ❑ 6.The area andfor work described in the Request its 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 the property owner(if different from the applicant). Signatures: 0 August 11 , 2005 Date wpaform2.doc•rev.12l1=0 Page 4 of 6 r Massachusetts Department of Environmental Protectione�� Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability hL 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 Massachusetts Highway Department same return key. Name Name 811 North King Street Mailing Address Mailing Address Northampton__ _MA 4_1060 _ cityrrown State Zip Code City/Town state Zap Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: U.5.G.5.Locus Map 4/13/05 Title Date Project Sketches(6 pages) various Title Date Typical Sections 7 pages undated Title Date 2. Date Request Filed: April 19, 2005 B. Determination Pursuant to the authority of M.G.L.c. 131,§40,the Conservation Commission considered your '-e, Request for Determination of Applicability, with its supporting documentation, and made the following `\ Determination. ry Project Description (if applicable): - N i Box widening, cold planing and resurfacing, localized full depth roadway repairs, adjustment of or repairs to existing drainage structures, installinig thermoplastic pavement markings,tree removal, sidewalk reconstruction, cleaning drainage structures and pipes, removal and resetting of existing granite curb, installation of new granite curb, installation of new HMA curb, removal and resetting of existing guardrail, installation of new guardrail, erosion/sedimentation control measures, and other incidental items. Project Location: River Road Agawam Street Address cityfTown n/a Assessors MaplPlat Number Parcel/Lot Number wpafcrm2.doc•rev.12115100 Page 1 of 5 i 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.) 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: Narne Ordinance or Bylaw Citation wpaform2.doc•rev.12115= 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 (cunt.) ❑ 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 appti+cant 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[at 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. PLEASE NOTIFY CONSERVATION COMMISSION PRIOR TO STA TWG THIS . J?C�JiW ❑ 3. The work describedd fn a equest is wit in he u er 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.12115MO Page 3 of 5 A Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (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. !Jame ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on May 31, 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 roperty owner(if different from the applicant). Signatures: f May 26, 2005 Date wpaformMoc•rev.32N 5MO Page 4 of 5 r JyJ� SS did' dF ✓ lvk Cep;rA�- ssC T DER File Number: Massachusetts Department of Environmental Protection y Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 3• Applicant: forms on the Mass . Division of Capital Asset Management computer, use Name only the tab One Ashburton Place key to move _ your cursor- Mailing Address do not use the Boston MA 0 211 fi return -�key. City/Town � state zip Code 2- Property Owner(if different): same Name - - ----- - ndtM `=? Mailing Address City/Town State Zip Code �} �.4 . B. Finding Information The Order of Conditions(or Extension Permit) issued to the applicant or property owner listed above on: Extension Permit issued last on February 14 , 2002 .. Cate *Order of Conditions issued Match 2 , 1999 for work at: Mans . Veterans Cemetery - K4 Street Address Assessor's Map/Plat Number Pa roe VLot Numbw recorded at the Registry of Deeds for: Hampden *1 703 *181 County Book Page Certificate(if registered land) is hereby extended until: March 2 -2 0 0 8 - - - Date —�� This date can be no more than 3 years from the expiration state of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended (if applicable): February 14 , 2002 (extended_ to _March -2 , 2005 ) Date Issued t)y: Agawam — — - Conservation Commission WF'A Form r powl Ldi 3 Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands y WPA Form 7 — Extension Permit for Orders of Conditions Provided by DEP ,y Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Finding Information (cont.) This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a copy sent to the applicant and the appropriate DEP Regianal Office(see Appendix A). Signatures: f H y loski 9teverl Dofiglas Frank Meagh r On 27th Of January, 2005. Day Month and Year before me personally appeared the above--named members (Henry Kozloski, Chairman) to me known to be the person described in and who executed the foregoing instrument and acknowledgett-. that he/she exe uted th same as his/her free act aid deed. June 4 , 2010 Notary Public My Commission Expires PAMELA R, EDMUNDS,Notary Public salts C. Rec p,res u a,2aio The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the. Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property.. In the case of recorded land, it shall be noted in the Registry's Granter index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. WPA Far 7 Page 2 of 3 Rey.Myw OEP FHB Number: Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions Provided Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Recording Confirmation (cont.) To: Agawam Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: Maas— Veterans Cemetery 47 -434 Project Location OEP File Number has been recorded at the Registry of Deed of-. - County for: Property Owner and has been-noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land,the document number which identifies this transaction is: Document Number Applicant Signature WPA Form 7 - Rev.02J00 �irroe 3 or 3 ge a N/�0 RLIG-08-2005 13=52 TOWN OF AGAWPV r�J 7% 9M7 P.EQ T o* wn of Agawam, 36.Main Street Agawam, lb machusetts 01061-1837 TeL 413-786-0400 Fax 413-786-9927 FORM A © 0 Applicaflon for n e i v FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B Agawam, MA _ ,`"0 C c rl_ �-`!_20 c)( , TO THE PLANNING BOARD: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required, 1. Name of Applicant _L l c Ny3 (Y'l tj 7 Z- . Address 41 .P, .� 2. Name of Surveyor - Address, 7!�-�W (-! ,-Lj a i,_.-�.i. Fir,^.. P Q, .Y- 301, 3. Deed of Property Recorded in . CC.�L.k,. Book Page 31 c 4. Location of Property N C C T h S t N , 5. Describe the proposal in this submission: t4 errc# i• i~r-. Tc 64,taeiE f v<, C, tii ITNII - L�ns� ATTACHMENTS -Two orig ai: an copies of plan by certified land survey o . i ' ee- $35.00. Signature of Owner Address 14 'BOARD TOTAL P.02 2 A Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 z MA` Tel. 413-786-0400 Fax 413-786-9927 L` April 10, 2006 Leonard Matz L 41 Belmont Avenue Feeding Hills, MA 01030 Dear Mr. Matz At its duly called meeting held on April 6, 2606, the Agawam Planning Board voted to reject your plan of property on North Street Ext. ,prepared by Anderson Associates and dated Mar., 2006 that was submitted under "Subdivision Control Law Not Required" as the plan creates a lot with less than required frontage. If you have any questions,please contact this office at 786-0400, extension 283. Sincerely, Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD DBH/DSD.prk cc: Town Clerk File Anderson Associates Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands I WPA Form 5 - order of Conditions 87-0524 t' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DFP A. General Information Important: From: When filling _ z out forms on �gawam nr-- the computer, Conservation Commission use only thex tab key to This issuance if for(check one): y to move your cursor-do ® Order of Conditions C not use the return key. ❑ Amended Order of Conditions VQ To: Applicant: Property Owner(if different from applicant): Leonard Matz Name Name 41 Belmont Street Mailing Address Mailing Address Feeding Hills MA 01030 City/Town State _ Zip Code Cityrrown State Zip Code 1. Project Location: Lot 4 North Street Ext. Feeding Hills Street Address Cityfrown D13 211 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Hampden 6556 319 County Book Page Certificate(if registered land) 3. Dates: 5-17-06 7-13-06 7-13-06 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Plan Showing Wetland Delineation and Proposed Work Prepared for Leonard Matz 6-18-02 Title Date Drainage Design Lot 4 for Leonard Matz 7-22-02 Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Alfred Melien Name 6. Total Fee: $500.00 (from Appendix B:Wetland Fee Transmittal Form) Wpaform&doc•rev,12115100 Page i of 7 Massachusetts Department of Environmental Protection \` DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 8 Provided by oEP Massachusetts Wetlands Protection'Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act.Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ❑ Protection of Wildlife Habitat ❑ Groundwater Supply ® Storm Damage Prevention ❑ Flood Control Furthermore,this Commission hereby finds the project,as proposed, is:(check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above.This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection.Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1 Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Wpaform5.doc-rev.12/15100 Page 2 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 87-0524 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specked date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number 87-0524 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11, Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. Wpaform5.doc rev.12115/00 Page 3 of 7 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-0524 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetiand, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless dnother limit of work line has been approved by this Order. SEE ATTACHED CONDITIONS Findings as to municipal bylaw or ordinance Furthermore, the hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically:, Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions Is Issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control, wpaform5.doc•rev.12115100 Page 4 of 7 TOWN OF AGAWAM, MASSACHUSETTS CONSERVATION COMMISSION ORDER OF CONDITIONS �. #87-0524 Lot 4 North Street Ext. - Matz 18. This Order supersedes all previous Orders of Conditions issued for this work. 19. The Order of Conditions applies only to the work permitted by this Order. Any other work to be done within the area of statutory interests of Wetlands Protection shall require the filing of a new Notice of Intent or Request for Determination. 20. During the construction phase, the applicant shall be responsible for maintaining a copy of these Orders at the site. The applicant shall be responsible for compliance with the conditions of these Orders. 21. Prior to the start of construction, adequate erosion and sedimentation control measures shall be implemented, and shall be maintained throughout the entire construction phase and until the site has become stabilized with permanent vegetative cover. 22. The Commission shall be notified at least seventy-two hours prior to the start of construction and after erosion control measures are in place to enable the Commission to ensure compliance with these Orders. 23. The erosion and sedimentation barrier shall serve as the alteration limit line. Said barrier shall fully protect the adjacent wetland/resource area, and no work shall be permitted beyond this limit line. No machinery shall be operated beyond this limit line. 24. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other pollutant into any area of statutory interest. 25. All work within the area of statutory interest shall be performed so as to create minimum disturbance to the existing vegetative cover and contours. 26. The construction site shall be left in a stable condition at the close of each day. Erosion and sedimentation controls shall be continuously monitored to ensure proper operation. 27. If any alteration of the wetland/resource area does occur, the Commission shall impose such measures as it.finds necessary to protect and restore the areas of statutory interest. 28. Whether from on-site or off-site, any fill used in connection with this project shall be clean fill as described here: The fill material shall be clean coarse washed sand or other clean granular material essentially free of clay,fines, dust, organic matter, large stones, masonry, stumps, frozen clumps of earth, wood tree branches and waste material. Before the fill is put in place, all trees, brush and stumps shall be removed from the area to be filled. Topsoil, peat and other impervious materials shall be removed from all areas to be filled prior to the placement of the fill material. 29. Periodic maintenance/cleaning of the drainage channel shall be conducted by the owner and all successors in interest or control of the property. 30. This parcel shall carry the following restrictions, and a covenant so noted on its deed: "This lot contains certain areas or abuts areas protected by Chapter 131, Section 40 of the General Laws of Massachusetts known as the Wetlands Protection Act and comes under the jurisdiction of the Agawam Conservation Commission. No cutting of trees, clearing of brush, digging, filling in with soil or debris, or the building of bridges is permitted within one hundred (100) feet of the designated wetland areas or within 200' of any designated river without specific approval granted by the Conservation Commission." 31. The Commission reserves the right to impose additional conditions on any or all portions of this work to minimize the impact of potential site erosion or noticeable degradation of water quality discharging from the site at any time. 32. Members and Agents of the Agawam Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the construction site to evaluate compliance with the order and to require the submittal of any additional information deemed necessary. 33. This order shall apply to all successor or assignee in interest or control of the subject property. Any conveyance of interest or control in the subject property shall make reference to this order by stating that the conveyance is subject to the provisions of an Order of Conditions under the Wetlands Protection Act, M.G.L. Chapter 131, Section 40, and by giving the book and page reference in the Hampden County Registry of Deeds where this order is recorded. A The petitioner shall have recorded in the Hampden County Registry of Deeds an "Order of Conditions Form" provided by this Commission. The Commission will not allow work to begin until proof of recording is provided the Conservation Commission. Massachusetts Department of Environmental Protection L7Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw.- This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. July 13, 2006 Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A) and the property owner(if different from applicant). SigkFH t C Mar CA ie eck zi Jill Frar&,Aeagher Steven Douglas Henry A. ozloski 100, On 13th Of July, 2006 Day Month and Year before me personally appeared Fred Harpin, Mark Soticheck, Sheryl Becker, Jill Messick, Frank a my oz os i to me known to be the person de 'bed '?andwho executed the foregoing instrument and acknowledged that he/she x u t hi her a act and deed. Pame31 R. Edmunds d A Ajiinn 4 2010 Notary Public y Commission Expires This Order is issued to the applicant as follows: ❑ by hand delivery on ® by certified mail, return receipt requested, on July 17 , 2006 Date Date Wpaferm5.doc•rev.1215100' Page 5 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-0524 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Appeals The applicant,the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby noted of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Agawam _ Conservation Commission Wpaferm5.doc•rev.12115/00 Page 6 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands ` WPA Form 5 - order of Conditions 87-0524 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Agawam Conservation Commission Please be advised that the Order of Conditions for the Project at: Lot 4 North St. Ext. 87-0524 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampde_n County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant W paform5.doc-rev.12/15/00 - Page 7 of 7 TOWN of AGAWAM, MASS. BOARD OF APPEALS Number- Date Filed Hearing Held APPLICATION TO THE BOARD OF APPEALS FOR A HEARING ON A APPEAL FROM A DECISION OF PLkuN:N& AS ALLOWED UNDER SEC. 2-8, PARAGRAPH .0 "ADOPTED CHARTER" NAME OF APPLICANT Ptcro\J T -rl)M (Ard-) ADDRESS OF APPLICANT LM sP1Z«14F'wLo S A(o\.)r.� ADDRESS OF PREMISES AFFECTED 333 Sc m-L Sr f��ntri.s BUILDING ZONE DISTRICT OF PREMISES AFFECTED DISCRIPTION OF PROPOSED BUILDING AND/OR USE OF PREMISES NCt, S%A0#v1Sivs14 iv to rn Q n - -v r� THE REASON OR REASONS UPON WHICH I BASE MY APPEAL FROM THE DECISION OF PL4-*- . 00420 ARE AS FOLLOWS: ( IF INSUFFICIENT SPACE ON THIS SIDE OF 'APPLICATION, USE REVERSE SIDE OF THIS APPLICATION. ) ` Lys► tJ A 3 C. ,J"-4 "iIJ T!.kC— L-M"�+.rst ` � " ��1�,� r�3tie)-j Cv +mmp)K) p4.4kc°ee t lVke' 7,k,-- s o' PAVL-_ �� S�wa�!t - /i' Ql^ W W Al VLT �r° A1►'\ Lwtk-IY7 ' D i SIGNATURE OF AGRIEVED PARTY i to THIS APPLICATION TO BE FILED WITH THE TOWN CLERK' S OFFICE . . Town of Agawam Assessor's Office 36 Main Street, Agawam, Massachusetts 01001-1837 Tel. 413 - 786-0400 x 205 Fax 413 -786-9927 €0 Email: assessor@agawam.ma.us May 4, 2006 Peter J. Maynard 468 Springfield St. Agawarn,MA 01001 Dear Mr. Maynard: RE: Abutters list for 335 School St., Agawam(M11-1-9) The attached abutters list for the above-named property has been certified with 34 abutters. If you have any questions,please call. Sincerely, Linda M. Morneau, MAA Assessor cn Town of. Agawam kp. 36 Main Street Agawam, Massachusetts 01001-1837. 0 a Tel. 413-786-0400 Fax 413-786-9927 0� � r BOARD OF APPEALS , DATE..a M cn u CERTIFICATION OF ABUTTERS LIST + 3 w� 0 OPERTY LOCATION: _ S C(y 00 Ia Caw Ai'►1Gti , . # BLOCK# LOT #— �- NJ i r {f CONTACT PERSON NAME: P C rE 1L, !n AY A P-D ` CONTACT PERSON - ADDRESS �f S PP -F1eL0 s f3GlOUAm 1�W_ p�ao CONTACT PERSON- PHONE NUMBER ABUTTERS Name. S C A R'T���r Map#-l --Block# 1 Lot# �c eSS of property: `�.`� S� `� Cd V, CT-NC, rrA, ()I() —`a.') dress of Owner: K E G l q('A�N1 �- O t oo y. CE R D(3 �c�Lra Map Block# J Lot# ess of Property. -r dress of Owner: ��$ C.'oQv r 41�F ABUTTERS PS, a e# : Rir flN a o m Q ear A Map#! Block# Lot# ., of=Property: nL ,�•,��r�— D ac� arr� 1'�1en of c�a — 2�L o s j,Jt � . ►e�1`c( -- �' 13 iy� Map# Black# Lat#. .. ofproperty 6� A� •ti-+o � QrL 13Lm�oYh lq otcyo f �� f�Owner: ;s Map /I Block# j Lat# �`A�Ides prop Owner: 55 pNo 4 co,,,nrn rnA o�C�� Owner. IVI Name=. 5 '`� -r l.�o�-ltc►t3a�.1, Map# 2, Block# 1 Lot# ' ,property: of 0 iL S`E' C�p r, ILCs�o rA A IZ i GA l ' fires Hof Owner: Y Map#_ — Block# I Lat# A property : `a,Fs-� s� Gnuar, rr 0 O e_a r A y Aid �s of,Owner: S-ATI1 SIR 2�f } _1� SK.r _ Map#. 1] Block# _�_ Lati# A of property: er: �t g ABUTITER8 Page# 4. i� h k � # Map# /1 Block# roperty : '7 �1 a �+�-- Q R.. Grp uA^ P AA of oo1 -. ns-, ; Cfw�ner: a>y A vti.s F g ow4u+q Map# / Block# 1 L o raperty : rl f Owner: S'Ars►v = Map# 1 Block# LOW".. 0 -Property : A. °Acl ess of Owner: S I' 1 ' o►.► Y'n R�' vt� Map# 1 a. Block# 1 Lot#t J ofproperty: T;�wRLtx— o - o ;r of droner: .;. t., Map# Block# Lot# e5s property : S�r� �. C AC►rbv�Y`n O Sit " �7 : dr o£4Owner: r Y Map# J Block# l Lot# roe 3 wi C.i r� m ( a0 ;P P rty: - owner: w. 7a ABUTTERS Page# ' � t Ma #Ie 1Yf Y.• a „� p Block# `'roperty : -� Bu,� ►ti- 4G� r of c - a7�� Qwner: r .. t' Map# r Block# f` p S A 1cry v�lSib, Q�1 A( A V� O 1 C)o .- . �¢Pr per, 3 XA Owner: aV -Sa+a� aty►.�t Map# It Block# Lp perty : AGE►+ fnl#i er: A M C r r Name ' OAu 10 s Cps 1 F_LaA Map# Block# Lot# Address of...ro e 9 b_ AW-vz ,ao� o►�c_.... At,A xrA o 1 oo ,� a � P P rty� — .-- ..- 4 dreof Owner: _ S j1 rn li u. alhi - x tia �. r � Naine:� 3 `b A �3 tao _ „. .. Ma Block# t Lot# 1 " ��fproperty : _ AIFJIAMA a up- I `tw dr�,_Wof Owner: �t�l�[ '11 t i ly Ne �►"�� OO� Map# . ! 1 Block# ! Lot# A�diiressaf property: _�9 gC►,�r�L� L-ri /a Gls rnA OEM, • '} `h I ty.1 1 .�• +jam_� "P N :Owner: ABUTTERS Page# � m Com p iT! Ma` 11 Block# r 'operty MQ�-q MA Owner: .p s �-- •�► Map# 1 Block# 4 Lo `perry : a r S \- s14— fV.-R MA o(w( - 3 �i,`i 2- S gmt s Map# 1 b Block# PrQperty ; P _ m er: S-�i o l ANJ ni']o r%Aq Y QAA ^0 U) Map#- jJ- Block# perty 1 '? ��sv w�— inn O 1(a 1 •-� .� ^er; h 5.. Z f`i s. �II]C "- _ Cno Ma l 1 Black# 1 Lot#:• " . — - P ; cs r- o£property j3 crA /t)A orcxt -3 a, 2, a i4 m er: S13rnL `r f�lrla Gs• rei� _ Map# BIock#-_t Lot# ^" PAY: Lt 3 T&A- -c AAA MN p 100 — Ow�oer: r� M , r Y ABUTTERS Page# Map#_�b _ Block# a property : L( E zl k - Cu- A-csa Iv, o coo i - 31,(2 Owner- Amy ma's, i m D Ayc S Map# l Block# roperty A GA MA U t C,-O Owner: — _ — ,r fir, Maps r Block# t Lo roperry lev la Gw hvo a1 M Owner: /MaA c� rriA �tc� V„`aas V G�wam� Map4 Block# ! Lo.' operty: 3 1 Sbl-- trla /rws o uo l .-Aim t er: . ll r5'TL: Ma �. Block# 'r perty Am S caL:: ri' er: . - AU-LL--..� S"T` Sl��1� MIA, t.i 1 s. rn r�La,.r~ Map# c r Block# i Lo perry: ScL, s C- raGa Ait a cal -3 14 ,)— Owner: r 'ASS:eA1f�'_ � � + � , / � i • • R ..X. DIY/S!.:�ti'(•�f l/ a f� 1 r t r p '.l�l Ire ,`�HI • / s� to x ro frS lq�; t Y�: 4�a r! �,`. K _ ,[uy.ri iWau[�..i�u4uUi[u.4u.[u aka Vr uu�!�JtNuk,uUuau►�u�a�,`►JruW14AM V.. Abutters ;. To Parcel M111 1 9 k MAYNARD , R) ' 335 SCHOWIST }, AGAWAM , MA`01601-3242 tA7eC_ v 124 PID: M12 18 PID,-M11 150 PID: Mll 151 = CLI JOSEPH M WOLKOWICZ STANLEY S COHEN ALAN R MARK ALAN E E'CIR. \290 COREY ST. EXT. 471AIEXANDER DRIVE 53 ALEXANDER DR ` 'MA 01001-2736 AGAWAM , MA 01001-2758 AGAWAM , MA 01001 AGAWAM , MA 01001 1:3 PID: M1212 'PID`�M12 17 PID: Mll 121 K RDO SCALA GERARDO + ` RENUD ANTHONY M SANTOLINI ROY Tt ST 288 COREY ST ~'320ANELLE DR 42 JANELLE DR MA 01001-2758 AGAWAM, , MA 01001-2758 4aAWAM , MA 01001-0544 AGAWAM , MA 01001-27i, ',49 PID: Mll 122 PID �M11 123 PID: M11 147 NDO M SZYMANSKI STANLEY 3&�66S6ROVE FIORELLA F ,CASIELLO DAVID 3 DER DR 8 JENNIE CIR. 1NENNIE CIR 46 ALEXANDER DR , MA 01001-2760 AGAWAM , MAOLOOI-27361 mWGAWAM , MA 01001-2736 AGAWAM, MA 01001 146 PID: Mil 145 PID. M11125 PID: Mil 1 11 . L 3 MULLEN JAMES J IN tMAl11FRONTE GENNARO �t HOWES DALE B DER DR 78 ALEXANDER DR 3 ?ENNIE CIR 353 SCHOOL ST ,'MA 01001-2759 AGAWAM , MA 01001-2759 A 1NAM , MA 01001-2736 AGAWAM , MA 01001 = 52 PID: Mll 1 53 PID M11 154 : SRYAN C V SONAVITA LOUIS F -�-4'SORCINELLI ROBERT R DER DR 67 ALEXANDER DR 7,t8EVERLY LANE "aa MA 01001-2760 AGAWAM , MA 01001-2760 AGAWAM , MA 01001-2761 PID: Mll 1 3 -,,,,MERCHANT MARlORIY Y`1 57 PID: Mll 155 PID:;Mil 16 303 SCHOOL STRE 'MES SMYTH KENNETH R DAVIS.JAMES M AGAWAM, MA44 RLY LN 17 BEVERLY LANE 311!SCHOOL ST 01001-3242PID: Ml MA 01001 AGAWAM , MA 01001-2761 AGAWAM , MA 01001-3242 MERCHANT MAR30 303 SCHOOL STRE AGAWAM ,MA 01001, 1;58 PID: Mll 1 13 PID:tM11 18 PID: Mll 1 10 e GINA M DECARO FRANK N11-41TOWN OF AGAWAM PETRUCCI RUSSELL$. L ST 369 SCHOOL STREET REieLR`SCHOOL ST 343 SCHOOL ST. MA 01001 AGAWAM , MA 01001-3242 AGAWAM , MA 01001 AGAWAM , MA 01001 93 PID: Mll 1 17 PID.:Ml1 17 PID: M10 7 1 inASQUALE] GRANFIELD MABEL "-BROMLEY THOMAS V GRANFIELD PATRI LST 439 SCHOOL Sr 320SCHOOL ST 8101 CONNECTICUT A '->'MA 01001-3242 AGAWAM, MA 01001-3213- `AGAWAM , MA 01001 CHEVEY CHASE; MD:; 20815-2810 f3.8 PIp;_:M10 3 11 — PATRICK PID; M10 3 9 ANDERSEN LESTER E NECTICUT AV V WIL.LARD WALTER G71BALLEN ST 334 SCHOOL ST _ RASE, MD AGAWAM , MA 01001-3212 .SPRINGFIELD , MA 05 Oft08-1912 '? .4K V � Bk 14690 P353 #112198 12-10-2004 0 03: 15p WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS that I, SUSAN M.ALL1jN of Agawam,Hampden County,Massachusetts,for consideration paid, and in full consideration of—TWO HUNDRED EIGHTY THOUSAND AND N01100 ($280,000.00)DOLLARS—grant to PETER J.MAYNARD of With WARRANTY COVENANTS— A lot of land situated on the Northerly side of School Street in Agawam,Hampden County,Massachusetts,and being known and designated as Parcel 1 as shown on a Plan of Land surveyed by Heritage Surveys for Walter G.Willard,Jr.dated October 2, 1980 and recorded in the Hampden County Registry of Deeds in Book of Plans,Book 193, Page 110-111; said lot being more particularly bounded and described as follows: Beginning at an iron pipe on the Northerly lien of School Street at the Southwesterly corner of the premises herein described,said iron pipe also being at the Southeasterly corner of land now or formerly owned by James R.and Loraine M.Davis;and running thence N 210 01' 53"E along land now or formerly owned by James R. and Lorraine M. 3 Davis,416.42 feet to an iron pipe;thence as N 750 06'07"W along land now or formerly owned by Margaret A.Pitxgerald, 172.20 feet to an iron pipe;thence c ,; N 220 58' 53"E along land now or formerly owned by James R.and Lorraine M. o Davis,222.70 feet to an iron pipe;thence a Q N 780 51' 07"W along last named land,244.70 feet to an inn pipe;thence ,n N 110 18'42"W along last named land, 199.93 feet to an iron pips; thence 630 40' 33"E along land now or formerly owned by Bernadette Barry,340.94 Cil feet to an iron pipe;thence �1 \ N 860 24' 49"E along last named land 125.95 feet to an iron pipe;thence S 87°22' 10"E along last named land, 80.53 feet to an iron pipe;thence S 020 33' 15" W along land now or formerly owned by Walter G.Willard,Jr., 676.21 feet to an iron pipe;thence Bk 14690 Pg 354 #112198 N 7r 22' 26"W along last named land 34.07 feet to an iron pipe;thence S 18"21' 59"W along last named land 378.10 feet to an iron pipe;thence S 85°20' 33"W along School Street, 120.30 feet to the iron pipe at the place of beginning. Containing an area of approximately 6.144 acres. Subject to easement rights granted to American Telephone and Telegraph Company under instrument dated August 8, 1905 and recorded in the Hampden County Registry of Deeds,Book 691,Page 59,insofar as the same may be in force and applicable. Being the same premises conveyed to the grantor herein by deed of Vicki D. Alfano and Emma M.Robinson,which deed is dated April 5,2002 and is recorded in the Hampden County Registry of Deeds in Book 12257,Page 140. W1'UNESS my hand and seal this 9"i day of December,2004. &4.x . Susan M.Allen COMMONWEALTH OF MASSACHUSMS Hampden, as. On this 9th day of December,2004,before me, the undersigned notary public, personally appeared Susan M.Allen,proved to me through satisfactory evidence of identification,which was a driver's license,to be the person whose name is signed on the preceding or attached document and acknowledged to me that he/she signed it voluntarily for its stated purpose. arttn .Dunn,Notary Public My commission expires: 8/18/06 s�cr.Yrlc�'xt=La C�EEt} �E�12 Wp;P0 t`1 mMARRNC 1711hIN Notary public CommoveA of 01 MY Commission 1,5110 4 3- iPtL MOW ta,2006 FEE •� CASH S 127 6- 4 LD E. 11S't`lE, K4MM M?1 CMMy REIsTR1f OF 1 J y A TRUE PHOTOCOPY AS RECORDED IN HAMPDEN COUNTY REGISTRY OF DEEDS AND IT IS fSO )C R�IFIED EOOK i PAGE FITTEST: REGISTER . Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 day` Tel. 413-786-0400 Fax 413-786-9927 AGAWAM PLANNING BOARD September 5, 2005 jL Peter Maynard w 468 Springfield Street Agawam, MA 01001 Dear Mr. Maynard: At its duly called meeting held on September 1, 2005,the Agawam Planning Board voted to deny the Preliminary Subdivision Plan entitled: "Tammy Place Subdivision, Agawam, Massachusetts, Applicant: Peter J. Maynard, 468 Springfield Street, Agawam, MA 01001" prepared by Sage Engineering and dated March 28 2005,revised September 1, 2005 for the following reasons: 1. The applicant has not shown how the granting of a waiver of the dead-end street length requirements is in the"best interest of the Town of Agawam". 2. The lots, as shown, result in a configuration which shall present problems for both the future homeowners and the Town. If you have any questions,please contact the Planning Office at 786-0400, extension 283. Sincerely, Travis Ward, Acting Chairman Agawam Planning Board cc: CletiC Sage Engineering Building • Engineering File Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 zr• �� MP Tel. 41.3-•786-0400 Fax 413-786-9927 AGAWAM PLANNING BOARD July 27, 2005 Peter Maynard 468 Springfield Street Agawam, MA 01001 Dear Mr. Maynard: At its meeting held on July 21, 2005, the Agawam Planning Board discussed the Preliminary Subdivision Plan entitled: "Tammy Place". During the discussion a number of issues were raised which will necessitate the Planning Board granting waivers from the Agawam Subdivision Rules and Regulations. One of the waivers being requested would be the approval of a dead-end street greater than 500'in length. Section 159-8 E (1)of the Agawam Subdivision Rules and Regulations states: Dead-end streets shall not be longer than five hundred(500)feet, unless, in the opinion of the Board, a greater length is necessitated by topography or other local condition& In addition, Section 159-35 of the Agawam Subdivision Rules and Regulations states: Strict compliance with the requirements of these rules and regulations may be waived . when, in the judgement of the Board, such action is in the public interest and not inconsistent with the Subdivision Control Law. During the July 21, 2005 meeting, the Planning Board voted unanimously to deny the requested waiver of the over-length because the applicant has not demonstrated that this request is in the best interest of the Town of Agawam. Conversely, the Board found that such as street would be detrimental to the interests of the Town. f The Planning Board also voted to table consideration of the preliminary plan until August It, 2005 to allow the applicant time to determine how the proposed waivers are in the Town's best interest. If you have any questions,please do not hesitate to contact the Planning Office at 786-0400, extension 283. Sincerely, Y Dennis B. Hopkins, Chairman Agawam Planning Board cc: Clerk Building Engineering File A67it Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - order of Conditions 87-508 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling From: out forms on Agawam _' the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your F cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions , 'Q To: Applicant: Property Owner(if different frorrtMpplicant): Peter Maynard same Name Name 468 Springfield Street _ Mailing Address Mailing Address _Agawam MA 01001 City/Town state Zip Code City/Town state Zip Code 1. Project Location: _Lots 1 and 2 Moore Street Agawam Street Address City/Town 117 8 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: _Hampden _ 12,160 584 County Book Page Certificate(if registered land) 3. Dates: 12-6-04 2-24-05 2-24-05 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents(attach additional plan references as needed): Proposed Grading &Wetland Location -Moore Street, Agawam, MA 11/29/04__ _ Title Date for: Peter Maynard, 468 Springfield Street, A swam, MA rev. 2/24105 Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Thomas B.Wilson Name 6. Total Fee: $2100.00 Wpaform5.doc•rev.12115/00 Page i of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 -- Order of Conditions 87-508 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by Dl=P B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission tends that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ❑ Protection of Wildlife Habitat ❑ Groundwater Supply ® Storm Damage Prevention ❑ Flood Control Furthermore,this Commission hereby finds the project, as proposed, is:(check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above.This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site,the work,or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Acfs interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Wpaform5.doc•rev.12/15/00 Page 2 of 7 LlMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands I WPA Form 5 - Order of Conditions 87-508 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided 6y DEP B. Findings (cost.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b, the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 8. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, Massachusetts Department of Environmental Protection" [or, "MA DEP' "File Number87-508 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. W paform5.doc•rev.1211510D Page 3 of 7 LlMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-508 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. SEE ATTACHED SPECIAL CONDITIONS Findings as to municipal bylaw or ordinance Furthermore, the hereby finds(check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. Wpaform5,doc•rev.1211 WO Page 4 of 7 TOWN OF AGAWAM,MASSACHUSETTS CONSERVATION COMMISSION ORDER OF CONDITIONS #87-508 -Moore Street- Maynard 18. This Order supersedes all previous Orders of Conditions issued for this work. 19. The Order of Conditions applies only to the work permitted by this Order. Any other work to be done within the area of statutory interests of Wetlands Protection shall require the filing of a new Notice of Intent or Request for Determination. 20. During the construction phase, the applicant shall be responsible for maintaining a copy of these Orders at the site. The applicant shall be responsible for compliance with the conditions of these Orders. 21. In advance of any work on this project, the applicant shall contact the Conservation Commission and arrange a conference between the Commission, contractor, designer/engineer, and applicant. The purpose of this conference is to insure that all of the Orders are understood. This conference shall take place at a regularly scheduled Commission meeting. 22. Prior to the start of construction, adequate erosion and sedimentation control measures shall be implemented, and shall be maintained throughout the entire construction phase and until the site has become stabilized with permanent vegetative cover. 23. The Commission shall be notified at least seventy-two hours prior to the start of construction and after erosion control measures are in place to enable the Commission to ensure compliance with these Orders. 24. The erosion and sedimentation barrier shall serve as the alteration limit line. Said barrier shall fully protect the adjacent wetland/resource area, and no work shall be permitted beyond this limit line_ No machinery shall be operated beyond this limit line. 25. At no time shall any construction materials, soils, fills, sediments, dredging or any other substances be stockpiled or stored in any area of statutory interest. 26. The construction site shall be left in a stable condition at the close of each day. Erosion and sedimentation controls shall be continuously monitored to ensure proper operation. 27. If any alteration of the wetland/resource area does occur, the Commission shall impose such measures as it finds necessary to protect and restore the areas of statutory interest. 28. Whether from on-site or off-site, any fill used in connection with this project shall be clean fill as described here: The fill material shall be clean coarse washed sand or other clean granular material essentially free of clay, fines, dust, organic matter, large stones, masonry, stumps, frozen clumps of earth, wood tree branches and waste material. Before the fill is put in place, all trees, brush and stumps shall be removed from the area to be filled. Topsoil, peat and other impervious materials shall be removed from all areas to be filled prior to the placement of the fill material. 29. This parcel shall carry the following restrictions, and a covenant so noted on its deed: "This lot contains certain areas or abuts areas protected by Chapter 131, Section 40 of the General Laws of Massachusetts known as the Wetlands Protection Act and comes under the jurisdiction of the Agawam Conservation Commission. No cutting of trees, clearing of brush, digging, filling in with soil or debris, or the building of bridges is permitted within one hundred (100) feet of the designated wetland areas or within 200' of any designated river without specific approval granted by the Conservation Commission." 30. The Commission reserves the right to impose additional conditions on any or all portions of this work to minimize the impact of potential site erosion or noticeable degradation of water quality discharging from the site at any time. 31. Members and Agents of the Agawam Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the construction site to evaluate compliance with the order and to require the submittal of any additional information deemed necessary. 32. This order shall apply to all successor or assignee in interest or control of the subject property. Any conveyance of interest or control in the subject property shall make reference to this order by stating that the conveyance is subject to the provisions of an Order of Conditions under the Wetlands Protection Act, M.G.L. Chapter 131, Section 40, and by giving the book and page reference in the Hampden County Registry of Deeds where this order is recorded. 33. The petitioner shall have recorded in the Hampden County Registry of Deeds an "Order of Conditions Form" provided by this Commission. The Commission will not allow work to begin until proof of recording is provided the Conservation Commission. Massachusetts Department of Environmental Protection cEp File Numb* _ Bureau of Resource Protection - Wetlands W WPA Form 5 — order of Conditions PrQded '°EP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw:. This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. February 24 , 2005 Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regkmf Office(see Appendix A) and the property-owner(if different from applicant). Signatures: He A. oski Steven Dou as s�rp i o Frank Meagher � � N r-• U C z y On 24th---- Of February 2005 Cd `o0 Day Month and Year before me personally appeared o Cd 0 the above—named members aco a fs E .0 to me known to be the person described in and who executed the foregoing instrument and a to acknaw! g t e{sec ted th ame as his/her free act and deed. June 4 _2010 Notary Public My Commission Expires This Order is issued to the applicant as follows: by hand delivery on ❑ by certified mail, return receipt requested,on February 25 , 2005 .Date Date WPA Form 5 pop 5 Of T Rev,02/00 r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - order of Conditions 87-508 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be'sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Agawam conservation Commission Wpaf0rm5.doc-rev.12l15= Page 6 of 7 Massachusetts Department of Environmental Protection DEP File Number: -- Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-508 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Information (cost.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Agawam Conservation Commission Please be advised that the Order of Conditions for the Project at: Lots 1 and 2 Moore Street 87-508 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book - Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number T a Signature of Applicant wpaform54oc•rev.12/15100 Page 7 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands r 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 �kgawam computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Peter Maynard Maynard Construction Co. return key. Name Name 468 Springfield Street 468 Springfield Street Mailing Address Agawam, MA 01001 Agawam MA 01001 City/Town State Zip Code CitylTown state Zip Code 1. Title and Date(or Revised Date if applicable) of Final Plans and Other Documents: Division of Lots, Moore Street,_Agawa_m, MA for: Peter Maynard _ 11/13/03, revised Title 12/4103 Title Date Title Date 2. Date Request Filed: September 3,2004 . 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): Construction of two homes. cy�� Project Location: Lots 1 and 2 Moore Street _ Agawam Street Address Cityrrown 117 1 and 2 Assessors Map/Plat Number ParceVl-ot Number wpaformMoc•rev.12d15MO Pagel of s 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.12 I SMO 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) T ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but 1L 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.12115M Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (Cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/orwork 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 October 15 , 2004 Cate Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid forthe 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: iv October 14 , 2004 Date WPA Form 2 Page 4 of 5 Rnv WIM _ LEIMassachusetts 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 Farm (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,12115100 ?age 5 of 5 COMMONWEALTH OF MASSACHUSETTS !.0 DEPARTMENT OF ENVIRONMENTAL PROTECTION WETLANDS PROTECTION ACT M.G.L. C. 131 540 310 CMR 10.00 CERTIFICATION OF EMERGENCY LOCATION OF WORK: street: 377 Adams Street fMawaga Sporting Club) city/town:. Agawam 1 . The applicant hereby requests the Issuing Authority (Conservation Commission or the Department of Environmental Protection) to certify the following project as an emergency project: (describe work to be allowed, and attach supplemental information if more space is needed)_ Dredge holding pond ( 100 ' x 100 ' x 9 ' deep) which has become heavily silted due to erosion 2 . The project is necessary for the protection of the health and safety of the citizens of the Corr.Roriwealth because t Due to the tremendous amount of siltation that is occurring at the Mawaga Sporting Club, it is effecting water quality and flood storage capacity of the pond. 3 . The agency (or subdivision thereof) of the commonwealth that has ordered the project to be performed is , Agawam Conservation Commission 4 . No work shall be allowec beyond that n-cessary to abate the emergency. Tne date work sha_i_ ue Conpietea i 1 June 15 , 2006 I:,'_ tc e%ceec. 3'^ nays �:i-i'nou:. written approval of the Corr ,iss 3ner c'_ .he Department of rnvironmertal Protection fDEP) . C 5 25 06 ( _gnatu_e or arr-':car. ) (da.e) O.n --hL b-msis of t::e abo'ie infcrmatisn, and after a site inspc-C .ic _-c- k above (and in any supp_eme-'!�yl information provided) 1s .a...G�- .... be E Cep.,=f_-... F:'cerye:,C _ rS;.3r.._ to 31.0 CMIR F _ _ OR:7 Agawam Conservation Commission BV. r Date issued,: May 25 , 2006 l� � _` .._.. __ _..�C'•.G"' CFG ate.......,nCr� r-v._ ._ �_.".-n� 1 M t A G A W A M P L A N N I N G B O A R D 36 Main Street Agawam. Massachusetts 01001 Tei . 413-786-0400 Ext. 245 FORM A A op lication f or .Endorsemen of Plan 8 lieved Not. to R u •re A roval F FFLE .ONE COMPLETED FORM WITH - -- TwE TOWN CLERK IN ACCORDANCE WITH THE REMJ I REMENTS OF SECTION 1.1-8 Y r Date: V V 2 ' TD THE PLANN i NG' BOARD: The:. under3igned, believing that the accompanying plan of hi; property a sn the`. Town of Agawam does not constitute a subdivision within.the j nteaing _;o.f the Subdivision Control Law, .herewith submits *aid plan 4r far a determination and endorsement that Planning Board approval urrtder the Subdivision Control Law is not required. NAME OF .APPLICANT Kathryn M. McLean Address 314 North Westfield St, Agawam NAME OF SURVEYOR, Holmberg & Howe, Inc. Address 87 Union Street, Easthampton, MA .01027 3. DEED OF PROPERTY RECORDED IN, Widen County Registry of Deeds Hook 9680 Page 64 Book 15889 page 181 p age 4, LOCATION OF PROPERTY: 1.781 Acres Easterly side North Westfieldat. n� :r (308: 314 North Westfield St.) �. -- y.r'. 5 DESCRIBE THE PROPOSAL IN THIS SUBMISSION: 3 c� t Combine two lots into one lot under common ownership. 's? C• ATTACHMENTS - TWO ORIGINALS AND THREE COPIES OF PLAN BY CERTIFIED $ ' LAiNI SURVEYOR. THE PLANS WILL BE DISTRIBUTED AS FOLLOWSs I. ORIGINAL r To: THE TOWN OF AGAWAM ENGINEERING DEPARTMENT, ONE ORIGINAL TO HE a ' RECORDED AT REGISTRY OF DEEDS BY THE APPLICANT, ONE COPY FOR THE ASSESSORS OFFICE, ONE COPY-' FOR THE PLANNING BOARD OFFICE, AND ONE * --� dtot FIED EDPY--..FGR—THE-Btn-LD-ING DEFARTM HT.-- +� Signature of Owner -Address Town of Agawam ' 36 Main Street Agawam, Massachusetts 01.001-1837 fiFE MP ` Tel. 413-786-0400 Fax 413-786-9927 August 18, 2006 0 a, - a A c_ Kathryn McLean 314 North Westfield Street a Feeding Hills, MA 01030 a 3 Dear Ms. McLean: �At :te its duly called meeting held'on August 17, 2006, the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not Required" for a parcel of land to on North Westfield Street. Plans drawn by Holmberg&Howe, Inc. and dated August 10, 2006. Sincerely, AG AAA PLANNIN BOARD Please he advised that failure to record the plan within six (6) months and provide proof of recording will negate the action of the Board Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam, MA 011001. To Agawam Planning Board Please be advised that the Form A plan that was filed by McLean and approved by the Agawam Planning Board for a parcel of land located on N. Westfield St. has been recorded at the Harnpden County Registry of Deeds. Book --.---, Page Signature of Applicant TOWN OFAGAWAM / �►� 36 MAIN STREET AGAWAM,, MA 01001 a t T'1 DECISION OF BOARD OF APPEALS A r: Petition of: Sergey Melnik Premises affected: 23 Dover Street ! Date: January 28, 2008 Case#: 1813 I The Agawam Board of Appeals conducted a public hearing and meeting on January 28, 2008 at the Agawam Public Library Conference Room, 750 Cooper Street,Agawam, MA for all parties 1 interested in the appeal of Sergey Melnik, who is seeking a Special Permit in accordance with Section 180-71, Paragraph H of the Zoning Ordinances, which would allow for the construction of an addition on a dwelling found to lie within the flood plain at the premises identified as 23 Dover Street. I After the public hearing and after a thorough review of the facts presented, the Agawam Zoning Board of Appeals made the following findings: 1. The subject property is located in an area of Town zoned Residential A-2. k 2. The subject is located in the five hundred year(Zone B) flood zone as identified by HUD Flood Map 250133-002A. 3. The petitioner is seeking to build an addition to the existing home which will consist of a kitchen, closet,bedroom and bath. 4. Section 180-71, Paragraph H states "new construction or substantial improvements of residential structures within the Floodplain Zone will have the lowest floor(including the basement) elevated to or above the level of the one-hundred-year flood". 5. The proposed structure is to be built on a concrete slab and will be at or above the level of the one-hundred-year flood. 6. The petitioner states that the cost of the proposed addition exceeds fifty percent(50°1o) of the assessed value of the existing dwelling. E 7. Section 180-2 defines substantial improvements as an improvement of a structure, the costs of i which equals or exceeds fifty percent(50%) of the assessed value of the structure before the improvement is started. 8. Section 180-69, Paragraph D states "no building permits for substantial improvements shall be granted unless a special permit is granted by the Board of Appeals". 9. The proposed addition will meet all zoning requirements. 10. There was no opposition expressed at the public hearing nor received in writing by this Board. 11. The site is an appropriate location for such a use. 12. The use, as developed, will not adversely affect the health, safety or property values of the neighborhood. 13. There will be no nuisance or potential hazard to vehicle or pedestrian safety. DECISION (p.2) Sergey Melnik Case# 1813 14. The proposed use is not considered so objectionable or obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood. Based on its findings,the Board is of the opinion that it is within the authority of the Zoning Board of Appeals to grant a Special Permit as stated under Section 180-69, Paragraph D of the Zoning Ordinances. Now,therefore,by a unanimous vote of its three members, the Agawam Zoning Board of Appeals hereby grants the petitioner a Special Permit to allow for the construction of an addition to a residential dwelling with the following conditions: 1. The proposed addition shall be constructed according the plan entitled"Plot Plan, 23 Dover Street", drawn by Robert Foresi, Land Surveyor, and dated September 24, 2007. 2. The petitioner must provide,to this board, proof that the subject property is now located within the five hundred year flood plain(Zone B). 3. All building requirements are to be met. 4. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special Permit"form, which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. 5. This Special Permit shall become null and void if construction does not commence within two (2) years from the date of this decision. This decision is subject to appeal in accordance with M.G.L., Ch. 40A, Section 17 within 20 days after this decision is filed with the Agawam Town Clerk Doreen Prouty G 2uffriti L vY� Joseph Conte TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MA 01001 b BOARD OF APPEALS �r December 3, 2007 a 4 rz The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library Conference Room, 750 Cooper Street, Agawam, MA, beginning at 6r40 P.M., Monday,January 14, 2008 for the following: Case#: 1813 Petitioner: Sergey Melnik Address: 23 Dover Street Reason: Seeking a Special Permit in accordance with Section 180-71 of the Zoning Ordinances for the construction of an addition on a dwelling found to lie within the flood plain at the premises identified as 23 Dover Street. Advertised: December 27, 2007 and January 3, 2008 Doreen Prouty Chairperson DPljb . .. �. `� ........... �. ........-............... TOWN OF AGAWAM FOR ocC USE or2Y a 36 MAIN STREET Case #: ., AGAWAM, MA 01001 i �• Filed: BOARD OF APPEALS ' Hearj41 VZM ing: D Expires Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and other By-laws. Applicant 17� t Address Application is hereby made for a SPECIAL PERMIT as provided by Section , Paragraph of the By-law. _ a Premises affected are situated on S . Street; feet�V#t* �'a, from the corner of P f V A PT--). Street and known as street number 04-1-3 .c- Property is zoned as S Reason(s) for request of Special Permit: c.., zy t, C� X,,jy h vvC e, e1ca ycaf Llqty� ���� L�v�� � �� � �� � �•✓fir � Signature of owner or his authorized agent: -! � Telephone #: ;l'60Y I NOTICE: THIS APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN ' 'f rr=�•s9 �o r = A f 5��5e k I 37. S �nJ 5 ' A Z3 .5j4",fe qJ � 07 � .DEPARTMENT Ole HOMELANO SECURITY ELEVATION CERTIFICATE OMB No.166D-000e ,dial Emergency Management Agency , . Expires February 28.2009 ,rational Flood Insurance Program Important:•Read the instructions on pages 1-8. SECTION A-PROPERTY INFORMATION For Insurance Company Use: Al. Building Owner's Name , Policy Number A2. Buildlrg Street Address(induct .anchor Bldg.No.)or P.O.Route and Box No. Company NAIC Number Z � City - State ZIP Code A3. Property Description(Lot and Block Numbers,Tax Parcel Number,Legal Description,etc.) �.— sesyors # A4. Building Use(e.g.,Residential.Non-Residential.Addition.Awassory,alp.)T A5. La Wde/Longilude:Lat. 'L2 b _Sae.9- _ - �• 7 Z 3 go—,$ Horizontal Datum NAD 192T ❑NAD 1953 AS. Attach at least 2 photographs of the building if the Certificate is bell used to obtain flood Insurprice. AT Budding Diagram NumberTZ , AS. For a budding wlth.a crawl space or endosure(s),provide: A9. For a building with an attached garage,provide: a) Square footage of craved space or endoaure(sf sq ft a) Square footage of attached garage 'b) No.of permanent flood openings in the crawl space or _ b) No,of permanent flood openings in the attached garage enclosure(s)wags within 1.0 foot above adjacent grade.--a -- walls within 1.0 foot above adjacent grade c) Total net area of flood openings in AS.b 'in 8 0'sq In c) Total net area of flood openings In A9.b sq In SECTION B-FLOOD'INSURANCE RATE MAP(FIRM)INFORMATION B1.NFIP Comnwnity Name&C.ommLinity Number T_62�_ Name W.State r Z-5b 133 a c.. AAA B4.MaplPanel Number 85.Suffix B8.FIRM Index W.FIRM Panel BS.Flood 89.Base Flood Elevatdon(s){Zone ]�$O 1 _C1 s7 t)"Z Data EfferlivetRevised Sate Zones) AO,use base flood depth) z_S—Iq�- Z— — lay$ rl 51- B1U. Indicate the source of Base Flood Elevation(BFE)data or base flood depth entered In Item B9. - ❑FIS Profile LAIRM ❑Community rDetermined - ❑Other(Describe)ua B11. Indicate elevation datum used for BFE in Ilern B9: NGVD 1929 ❑NAVD 1985 ❑Other(Cescribe) -B12. is the budding located Ina Coastal Barrier Resources System(CBRS)area or Otherwise Protected Area(OPA)? ❑Yes No + , Designation Date ❑CBRS ❑OPA SECTION C-BUILDING ELEVATION INFORMATION(SURVEY REQUIRED) C1. Building elevations are based on: ❑Canstnxction drawings gBWUM Under Construction` [;rFWW*d Construction 'A new Etevatlori Certificate will be required"constr uclAon of the building Is complete. C2_ Elevations-Zones A1,A30,AE,AH.A(whir BFE),VE,V1 V30,V(With BFE),AR.ARIA.ARIAE,ARIAi-A30,AWAH,,ARIAO. Complete Items C2A-g below a000rding to Jhd building diagram spectled in Item A7. Benchmark Utilized F I it [ZMi Vertical Datum N Cty D i qZ9 _ Conversion/Comments Checl(the measurement used. a) Top of bottom floor(including basement crawl space,or enclosure floors C!5 LJ feet 0 meters(Puerto Rico only} b) Top of the next higher floor G,cl S�Qfeet ❑meters(Puerto Rica orgy) C) Bottom of the lowest horizontal structural member(V Zones only) �❑feet ❑meters(Puerto Rico WW d) Attached garage(tap of stab) 0 feet. . ❑meters(Pashto Rico only) o) tit elevation of machinery or equipment servicing the balding _- Z feet ❑meters(Puerto Rico a* (Describe type of equipment in Comments) o Lowest adjacent(finished)grade(LAG) feet ❑metem(Puerto Rim Drily) g) Highest adjacent(AnWhed)grade(HAG) feet ❑meters(Puerto RIOD Wdlh SECTION D-SURVEYOR,ENGINEER,OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor,engineer,or archilect authorized by law to certify elevation information. t cedify teat the Intvrmatron on this Certftate represer&mybest efforts to a,tmpret the data"I" t un erstand that arty false statement may be punishable by Brie or lmprfisonmw*under 18 U.S.Code,Section 1001. `S41 OF Check Mere If comments are provided on back of form_ a� c 9 Qa t?(3�t1`I 'yG t1. - Certifisr shame License Number (Zo6�r� �res, 33541 Title Prof• a� S"�i V; _ Company Name Q`q. T_o f 5 ./ �3 a C, No.33591n Q Address ' l 1 City / f r~/ State - ZIP Cade �0. �1�1i?p)���tj g44.� cam+.-50 w dJ�� f lk!'alJ� t Signature Dale� Z ; 737--6T FEMA Form 81-31,February 2006 See reverse side for continuation. Replaces all previous editions _.- El EXISTING El ........... ......... EXISTING — FRONT ELEVATION \• f ti EXISTING �_ s I i JU I —— -- PROPOSED ADDITION FOR ' `i— MR, MRS. MELNIKS FLOOR PLAN DRAWN BY. BERGEY MELNiK ".A J nn 23 DOVER 3T,AGAWAM.MA 01001 `I O F X TEL.(4131 244-838B VVV ———— — r ———— — —————————— —--—— ————- I — 4- -- .—_...---------------------I ' I I I I I ! • I I I I s: l 1 I i I •� I 3" CONCR. SLAB, I I I I OVER SMIL POLY I I I 16" x 10" FOOTINGS I I VAPOR BARRIOR ! I ! 4" x 8'-0" FROST WALLS f I COMPACTED FILL ! " DROP T.O.W. AS REQ'D I I TO FEET GRADE I I d Cv4CT44 � Y"x16" ANCHOR BOLTS 6'-0" O.c EXISTING I J I I j I --- - j W/ NUT & WASHER ' C3 ! 8" POURED CONCR. I " '�'�' 12" FOOTINGS I _ FOUNDATION WALL '�_,f� �� } � ! UNDER SLAB I I I 2"x4" CONT. BEVELD KEYWAY a 16"40" CONCRETE FOOTING FOUNDATION SECTION �! — —.�-- ti rr— —————— ;s.:.�..-- J'.5 ', I a PROPOSED ADDITION FOR FOUNDATION 2 FOUNDATION PLAN MR., MRS. MELNIKS PLAN & 2 iia" = 1'-0„ SECTION DRAWN BY: BERGEY MELNIK SCALE:AS SHOWN 23 DOVER ST.AGAWAM.MA 01001 OF TEL.(413)244.5355 DATE: 11.01-07 VVV 6'-2' 9­4' 4035�csm 40351 p csm III 068 SD RF 7DV 2A 60 KITCHEN o 0 JF-­� ........... ILI 1,IjI:F i I tn 2468 2468 V_ WALK IN CLOSET MASTER BATH '\". CD 12'-4' X 8'-6' 2668 cr) 1�71 rasa R�,A EXISTING 3031!1 PH MASTER al V,(,l- URM 21'-8" X IT-6" L_ IL 7 3840 DH 3840 DH 2V1-2. 9'-4' 6'-6' _4........... 6 22'-0' NOTE 1.ALL INTBW DNS TO FACE OF FIN GYP BD UNLESS NOTED 2.ALL FRAYING W$A MWNS AND ALL STRUCTURAL DVONENTS SHON ARE SUGGESTED.FINAL DEMUNkTo AS PER tafmxm&O"OL FL(DOP, PLAN PROPOSED ADDITION FOR 3 VM ALL REMUTDRY ASKM OF WDOO STOVE �3 3/16" = Y-0" FLOOR PLAN NON-COMKOME MTECIXK AND INST&LA" MPL, MRS. MELNIKS REDUIREhOTS PRIOR TO START OF WORK A 14FON THE OWNER OF ALL SPEOAL MTIONS.VV FLUE SM UNIK&CLEARANCE REWROOTS FOR DRAWN BY: BERGEY MIELNIK E:"AS SHOWN USE IN WOOD AND COU&SW NATMU 23 DGVPR ST.AGAWAM.MA 0*01 CORSTRWn A FINISHES TEL.(413T 2448355 ... 1,_�J", 30F8 CONT RIDGE VEN12 240#ASPH SHINGLES OVER DN / PLWD SHEATHING 1 A HALF FELT mm r 3840 DH 3840 DH EXISTING _....__ . _ EXISTING U �--- -------------------- i �--.----------------------- FRONT ELEVATION 4 1/4" = V-4" PROPOSED ADDITION FOR FRONT MR., MRS. MELNIKS ELEVATION URAWN BY: SERGEY MFLNIK SCALE:AS SH6'Nii A 23 MVER ST.AGAWAM,MA O1D01 O yVj TEL.(413)2M•8355 GATE: 11-01-07 T RIDGE VENT _ --- 12 r — - 035 CSM a35 CSM - 6068 so �_ _.. _. .. EXISTING i t I I I I I I I VERIFY NO, RISERS I I I I II R@ B,25" MAX I I I I L _L _�-------------'-'------- —� T@ 9,5" MIN II -_ -� �_________________________� REAR ELEVATION 5 114 - I Q PROPOSED ADDITION FOR REAR MR., MRS. MELNIKS ELEVATION DRAWN BY: SERGEY MELNIK SCALE:AS SHOWN /� 23 13OVER ST,AGAWAM.MA 01001 OF 8 TEL.(413)244-8355 GATE: 11-01-07 5! r LV CDNF RIDGE VENT ASPHALT SHINGLES OVER 150 ASPHALT FELT ___ _ __,_.___ _... ____ .. PRCPA-VENT PLYWOOD SHEATHING 2x10 RAFTERS 0 16"o.c- l s '�. CON7INIOUS ALUMINUM GATTER B-30 FIBERMASSI ------ --- _. 2x6 FASCIA TRIM ... CONTINIOUS SOFFIT VENT 2x4 DOUBLE TOP PLATE .. .. ........... - __ DOUBLE 2xIO HEADER R-13 FIBERGLASS BATT INSULATION - --- - - 20 ROUGH SILL ----- - --- - --- ---...__.. ... ... EE POLYETHYLENE VAPOR BARRIER 1� K"AIR INFILTRATION BARRIER rY'x16" ANCHOR BOLTS 6'-0"o c - ... ..... .. ...... -. ._- W/NUT do WASHER PLYWOOD SHEATHING ' FINISH FLOOR NNIL SIDING - _ "CONCR. SLAB.OVER 6MI 20 SOLE PLATE POLY VAPOR BARRICR PRESSURE TREATED SILL I al III I . +. Il13 1111 POLYS&L SEAL 111 I III I .....---_........_.._----------------------------- L I�I—C---------------------.....------•--------------�—I�I �II I I f -------------------------------------------- WALL SECTION RIGHT SIDE ELEVATION 1/4" = V-D" - PROPOSED ADDITION FOR RIGHT SIDE MR-, MRS. MELNIKS ELEVATION WALL SECTION DRAWNBY: SERGEY MELNIK sCALE:AS SHOWN 23 DOVER ST.AGAWAM,MA 01001 6 OF 8 TEL.(413)244-8355 DATE: N-01-07 24'MIN METAL FLASHING CONT RIDGE VENT 2x8 RAFTERS,16"D.C. ARD CRICICE 200 FLAT BO t2 6+ 2x1 RIDCI BOARO 2x4 COLLAR 32"D.C. 1 240 RAFTERS,16"B C, + REMOVE OLD SHINGLES WLL BE COVERED 2xB COLLAR,IV O,C, 4 4 9-30 INSIJ 1 MASTER BEDROOM � o - 1 I r o � EX15TfNG n _ r r i I"RIM I SUL W AWN .s 1 _ FLASHING A WALL GLOVER 6 MIL VAPOR BARRIER ON COMPACTED FILL CWT.FTG • ti 1'xl' . --'—'------------------------ -— —————————————————————— L————— ----.....--- —————— i. L —————————————————— SECTION A 7 1/4" = 11-01, PROPOSED ADDITION FOR SECTION A • MR., MRS. MELNIKS DRAWN BY: SERGEY MELNIK SCALE:AS SHOWN x��yy 23 DOVER ST.AGAWAM,MA 01001 01- V TEL.(413I 244-8356 DATE: 11.01-07 V 2x6e16" 0. C. 5 ' I EXISTING ii � al O � i : x La , 3 �.. �1•r< � .Y L.D c� co f - - - - - -._ . _._... _ x N EXISTING - - -fi- - - - - -- : , i ROOF PLAN PROPOSED ADDITION FOR ROOF PLAN MR., MRS. MELNIKS r DRAWN BY: SERGEY MELNIK SCALE'.AS SH04MN /''� OF 23 DOVER ST.AGAWAM,MA 01001 TEL.(413)244-8355 DATE:11-1-1 }(V r 8 Town. of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 s ` Tel. 413-786-0400 Fax 413-786-9927 0 a' n c_. nz PLANNING BOARD . to c September 15, 2006 tiJ rr, Richard M. Theroux Town Clerk 36 Main Street Agawam, MA 01001 Dear Mr. Theroux: Attached is an application for a Form A that was submitted on August 24, 2006 by Marjorie M. Merchant. The Planning Board did not take action on this plan. The twenty-one(21) day time period for action has lapsed. Sincerely, Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD DBH/DSD:prk cc: Building Department File Tbwh .of Agawam - imp36 Main Street Agawam,Musacbusetts 0t001-1837 Tel. 413-786-0400 Fax 413-786-9927 FORM A Application for Endorsement Qf Plan-Not Believed to_Require aroval FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-8 Agawam, MA !i d(o( 23 20 00(a 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 mewing of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of ApplicantI�R - Addressg,) ] o v C.C. 2. Name of Surveyor 'D Address `3 , o S 8 6-4 0-4 0 f 074 3. Deed of Property Recorded in l PAC- ry L4°jv �1 Tou�T Pe9�c�t Book Page 4. Location of Property_Nj)2?14 .Sj A.& S c Na3 L.( T, Ate _ __S A J71 0 r- 5. Describe the proposal in this submission: -'Z) fOrrL�vrr� t'��-c�LS 'Ti"T ��L3Uct) 7LC� To ATTACHMENTS -Two originals and three copies of plan by certified land surveyor. Filing Fee - $35.00. Signature of Owner ` ress J� 0 :8 Nd `1? SIR 90 `SSVW 10M Y i �o 13..NMO I� TOTAL P.02 September 15, 2006 I HEREBY CERTIFY THAT THE AGAWAM PLANNING BOARD DID NOT TAKE ACTION ON THE ATTACHED "APPROVAL NOT REQUIRED"PLAN FOR MARJORIE M. MERCHANT FOR PROPERTY LOCATED ON SCHOOL STREET WITHIN THE TWENTY- ONE DAY PERIOD. /f ATTEST: -chard M. Theroux, Town Clerk r tuu ,,.,1....GuUU �J I U, n-i,w.-a _ I� � '\ 1.�r 1 i//" � /'J/7r�J• V/�/'� Tern .Of Agawam 'i 36 Main Street Agawam,Massachusetts 01001-1.537 o TeL 413.786-0400 Fax 4x3-786-9927 FORM A Applicat!Qn for EndorsementQf Plats Ngt Believed to Require Anoroval FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION ii-B Agawam. MA .200 (a TO THE PLANNING BOARD: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law. herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. i. Name of Applicant tJK 3el P-t Cg- 46, 11'?CzgCt4,,9- r Address?SSQ 3 & - 7i0 o„L <> 2. Name of Surveyor � 3io eT— Address 3� ciuu, T S�'� zK -, �c� , BDx„ Z -1 G'40.4H / m} 3. Deed of Property Recorded in 46ol YQg^t 4!:�ou.u-Y _ z4-1 0 sq t r�ca�T Pe9���L Book_�s1Z3_ _ Page 4. Location of Property Np 7 ,, ¢]l._ Scj*�o , T„. A Lj _D F 5, Describe the proposal in this submission: 3 P-L)e'aL14 C© b, � P'lrcc��5 hE'RT wt �lVt.E1,��Cy S�1BD�vtaBb ��c16.2(�oS� 7►f�i w�eLC `T`v �� sow Tv tI ATTACHMENTS -Two originals and three copies of plan by certified land surveyor, Filing Fee - $35.00. Signature of Owner ` / ress I� �90 :c Wd hZ and 90 �.1I490 U�31a 1gMr) , ToTal_ P.02 Town of Agawam y' 36 Main Street Agawam, Massachusetts 01001-1837 ay`�~ Tel. 413-786-0400 Fax 413-786-9927 i. August 18, 2005 Marjorie Merchant -� 303 School Street Agawam,MA 01001 Dear Ms, Merchant: At its duly called meeting held on August 18, 2005, the Agawam Planning Board voted to approve your plans under"Subdivision Control Law Not Required" for a parcel of land located on School Street. Plans drawn by Anderson Associates and dated Aug., 2005. Sincerely, AGAWAM PLANNING BOARD Pi as a se at failure to record the playa within six (6) months and provide proof of recor gate 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 Merchant and approved by the Agawam Planning Board for a parcel of land located on School Street has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant AUG-08-2005 I3%52 TOWN OF AGAWAM 4 q CWx10 r Wp j Olt f r AML To' wn of Agawam _ r _ 36 Main Street Agawam,Massachusetts 01.061-1837 TeL 413-796-0400 Fat 413-786-9927 FORM A E Applir.ation for nRequire oval FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 114 Agawam, MA AU 6 2D n4 ry TO THE PLANNING, BOARD: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Applicant M . a 5r)P- E P\ M F- s.ij,i ...�i Address, Z 0 ?S S G h 00 t i „� �� '4,,v.4 2. Name of Surveyor [ Address L 0 _ . .. - r �d.4 M rr1 • 3. Deed of Property Recorded in 64Wl e.± 60 u:, 44 Book. 9 I 'Z 3 Page 59 4. Location of Property ?- w r �' 40A-1-11 IDS• 5. Describe the proposal in this submission: 'To U o 00 A ry 7 Cu wi.�t n-e 'W [1 k rC c7.t c} t` L ATTACHMENTS -Two originals and three copies of plan by certified land surveyor. Filing Fee - $35.00. Signature of Own Address TOTAL P.02 2 /3 e f Massachusetts Department of Environmental Protection ie ��-- Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B -- Certificate of Compliance 87-254 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out This Certificate of Compliance is issued to: forms on the Attorney Warren Jacks, Jr. computer, use Name only the tab key to move 935 Main Street, Suite 301 your cursor- Mailing Address do not use the Springfield _ _ MA 01103 return key. city/Town State Zip Code VQ2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: R.W. Miller Name — --- — — 8125188 87-254 Dated DEP File Number 3. The project site is located at: Nolan Lane Feeding Hills Street Address City/Town Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Hampden County Book Page document #67253 Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: Date B. Certification Check all that apply: ❑ Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. Partial Certification: it is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: Lots 1 and 5 Nolan Lane wpaform 8b.doc-rev.12 I51DO Page 1 of 3 I LlMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form SB — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions:The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Agawam June 23 , 2005 Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See Appendix A). Signature ry zl ski Ma .P. iche he erax, Steven Doug sr _ Frea Harpin wpaform 8b.doc•rev.1211WOO Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands QEP File Number. WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Hampden On this 23rd Of June 2005 Day Month Year before me, the undersigned Notary Public, personally appeared , HenrV A. Kozloski Chairman Name of Document Signer proved to me through satisfactory evidence of identification, which was/were MA drivers License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Agawam City/Town Conservation Commission Signature of Notary Public Pamela R. Edmunds Printed Name of Notary Public Place notary seal and/or any stamp above June 4 , 2010 _ My Commission Expires(Date) wpaform 8b.doc•rev.12/15700 Page 3 of 3 r Massachusetts Department of Environmental Protection \ - Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 87-2s4 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Agawam Conservation Commission Please be advised that the Certificate of Compliance for the project at: Lots 1 & 5 Nolan Lane 87-254 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampden County for: Property Owner and has been noted in the chain of title of the affected property on: Date -- _ Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpsform 8b.doc•rev.f 2/151o0 Page 4 of 3 V Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the Agawam November 14, 2006 computer, use only the tab Conservation Commission(Issuing Authority) Date key to move To: your cursor- do not use the Dean and Sylvia Molta return key. Name of violator 22 Vernon Street VQ Address 1. Location of Violation: same Property Owner(if different) same Street Address City/Town Zip Code J 14 919 Assessors Map/Plat Number Parcelll-ot Number 2. Extent and Type of Activity(if more space is required, please attach a separate sheet): Working within 1 00'of a riverfront without an Order of Conditions. o - cn �c: � v - - — 3rn '� 7r n� 71 � C B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act(M.G.L. c. 131, § 40)and its Regulations (310 CMR 10.00), because: ® the activity has been/is being conducted without a valid Order of Conditions. ❑ the activity has been/is being conducted in violation of the Order of Conditions issued to: Name Dated File Number Condition number(s) wparorm9a.doc•rev.7114104 Page 1 of 3 J Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cost.) ❑ Other(specify): C. Order The issuing authority hereby orders the following (check all that apply): ❑ The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ❑ Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action to prevent further violations of the Act: 1) All cut trees and debris along the brook must be removed within seven (7)days of receipt of this Enforcement Order. 2) Area is to be stabilized immediately. 3) Silt fence and haybales shall be . placed to prevent siltation from reaching the brook. 4) A Notice of Intent must be filed with the Conservation Commission for the addition you are constructing on your house. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both,such fine and imprisonment; or(b)shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. wpaform9a.doc•rev.7114fO4 Page 2 of 3 Ll�l Massachusetts Department of Environmental Protection DEP wile Number. Bureau of Resource Protection - Wetlands WPA Form 9A — Enforcement Order Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: .HenryKozloski Name 786-0400, ext. 245 Phone Number Hours/Days Available Issued by: Agawam Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures: too to 0,o aoo3 G(ci 14 Signature of delivery person or certified mail number w9aform9a.doc•rev.7114104 Page 3 of 3 A G A W A M P L A N N I N G B O A R D 36 Main Street Agawam, Massachusetts 01001 Tel . 413-786-0400 Ext. 245 FORM A Application for Endorsement of Plan Believed Not to Require Approval FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REGUIREMENTS OF SECTION 11-B Date: December 1, 2006 TO THE PLANNING BOARD: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within ,the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. NAME OF APPLICANT Meadow Street LLC Address 15 Woodside Drive, Agawam, MA 2. NAME OF SURVEYOR D.L. Bean, Inc. Address 40 School Street - Westfield, MA 01085 3. DEED OF PROPERTY RECORDED IN Hampden County Registry of Dee?e �. fl ..E-):*- Book Page-12565/150, 7492/410 & 4351/219 n n �- n r- 4. ' LOCATION OF PROPERTY: Property is located on the southerly side of 3� Meadow Street having a street address of 312/322 Meadow Stree� x A o Cn CA W rr 5. DESCRIBE THE PROPOSAL IN THIS SUBMISSION. Plan shows the combination of 3 lots into one, easements, and a parcel to be conveyed to Lawrence & Paula Montagna. ATTACHMENTS -- TWO ORIGINALS ,AND THREE COPIES OF PLAN BY CERTIFIED LAND SURVEYOR. THE PLANS WILL HE DISTRIBUTED AS FOLLOWS: 1 ORIGINAL TO THE TOWN OF AGAWAM ENGINEERING DEPARTMENT, ONE ORIGINAL TO BE RECORDED AT REGISTRY OF DEEDS BY THE APPLICANT, ONE COPY FOR THE ASSESS13RS. OFFICE, ONE COPY FOR THE PLANNING BOARD OFFICE, AND ONE CERTIFIED COPY FOR THE ILDING EPARTMENT. Signature of Owner Charles Calabrese, Principal Address 15 Woodoide Drive awam 001 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: A WPA Form 8B — Certificate of Compliance 87-0522 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1- This Certificate of Compliance is issued to: forms on the Cesare Ferrari computer, use Name only the tab key to move 88 Burke Avenue your cursor- Mailing Address do not use the West Springfield_ - MA 01089 return key. City/Town State Zip Code ur�, 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: I� Cesare Ferrari Name raw 7-13-06 87-0522 Dated DEP File Number 3. The project site is located at: 2 Moore Street Agawam Street Address City/Town = 117 1/17 =� Assessors Map/Plat Number Parcel/Lot Number ? the final Order of Condition was recorded at the Registry of Deeds for: r\, same Property Owner(it different) Hampden County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform Sb.duc.rev.12115/00 Page 1 of 3 Massachusetts Department of Environmental! Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B -- Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. [� Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue fmr a longer period). Condition Numbers: C. Authorization Issued by: Agawam 1C-9-C8 Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See Appendix A), Signatures: ' Frearp n ar o i d H J MYesszc r r L Magda Ga1Vatsos Steven L_'O�� as wpaform Bb.doc•rev.1 2i 15f40 Page 2 of 3 Massachusetts Department of Environmental Protection �-- Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 87-0522 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Hampden On this 9th Of October 2008 Day Month Year before me, the undersigned Notary Public, personally appeared Fred Harpin, Mark Soticheck, Jill Messick, Sheryl Becker, Magda Galiatsos, Steven Douglas, Name of Document Signer proved to me through satisfactory evidence of identification, which was/were MA drivers licenses Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of A awam Conservation Commission City(Town Signature of Notary Public Pamela R. Edmunds Printed Name of Notary Public Place notary seal and/or any stamp above June 4, 2010 My Commission Expires(Date) wpafarm Bb doc•rev.1205100 Page 3 of 3 r Massachusetts Department of Environmental Protection �-, Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 1 87-0522 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: Agawam Conservation Commission Please be advised that the Certificate of Compliance for the project at: Moore Street 87-0522 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampden County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform Bb_doc•rev.12f15100 Page 4 of 3 M b,A c Tfr��{ Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 tea Tel. 413-786-0400 Fax 413-786-9927 June 6, 2005 -- Timothy Mulcahy SFM Realty 64 Lincoln Park Longmeadow,MA 01106 Dear Mr. Mulcahy: At its duly called meeting held on June 2, 2005, the Agawam Planning Board voted to approve the site plan entitled: "Silver Street, LLC, 279 Silver Street, Agawam, MA"prepared by PDS Engineering& Construction, Inc. and dated May 20, 2005. If you have any questions, please contact the Planning Office at 786-0400, extension 283. Sincerely, �s > Travis Ward, Acting Chairman Agawam Planning Board cc: CILUL Building Engineering File Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-0525 {1 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling From: out forms on Agawam the computer, Conservation Commission use only the tab key to This issuance if for(check one): - move your CD cursor-do ® Order of Conditions crn-) n:-Y not use the t return key. ❑ Amended Order of Conditions r 3 m r� To: Applicant: Property Owner(if different frorr@pploa�): to`~ Daniel Muldoon, Burlington South Realty Trust same Name Name Ut rf. P.O. Box 551 Mailing Address Mailing Address South Hadley MA 01075 Cityfrown State Zip Code CityFrown State Zip Code 1. Project Location: Poplar Street _ Agawam Street Address City/Town F9 Lots 1, 2 3 Assessors Map/Plat Number Parcei/Lot Number 2. Property recorded at the Registry of Deeds for: Hampden 14,814 269-278-260 County Book Page Certificate of registered land) 3. Dates: 6130106 11)9106 11130106 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4, Final Approved Plans and Other Documents (attach additional plan references as needed): Burlington Estates Definitive Subdivision Plan in Agawam, MA sheet 3 of 18 Sept., 2006 Title Date Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Ronald L. Huot, RLS and Robert Cafarelli, P.B. Name 6. Total Fee: $3,075 (from Appendix B:Wetland Fee Transmittal Form) Wpaform5.dec•rev.12/15100 Page 1 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-0625 1 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat ❑ Groundwater Supply ® Storm Damage Prevention ❑ Flood Control Furthermore, this Commission hereby finds the project, as proposed, is:(check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations,to protect those interests checked above.This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control- Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above.Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work,or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws,or regulations. Wpaform5_doc•rev.12115/00 Page 2 of 7 Massachusetts Department of Environmental Protection DEP File Number: L7Bureau of Resource Protection - Wetlands WPA Form 5 - order of Conditions 87-0525 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by REP B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. if this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done, The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP] "File Number 87-0525 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. Wpeform5.dec•rev.121l51o0 Page 3 of 7 LlMassachusetts department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-0525 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. SEE ATTACHED CONDITIONS Findings as to municipal bylaw or ordinance Furthermore,the hereby finds(check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. wpaform5.doc•rev.12/15/00 Page 4 of 7 TOWN OF AGAWAM, MASSACHUSETTS CONSERVATION COMMISSION ORDER OF CONDITIONS Burlington Estates - 87-0525 18. No work should be conducted anywhere on this project site until the National Heritage & Endangered Species Program (NHESP) has completed its review. 19. This Order supersedes all previous Orders of Conditions issued for this work. 20. The Order of Conditions applies only to the work permitted by this Order. Any other work to be done within the area of statutory interests of Wetlands Protection shall require the filing of a new Notice of Intent or Request for Determination. 21. During the construction phase, the applicant shall be responsible for maintaining a copy of these Orders at the site. The applicant shall be responsible for compliance with the conditions of these Orders. 22. In advance of any work on this project, the applicant shall contact the Conservation Commission and arrange a conference between the Commission, contractor, designer/engineer, and applicant. The purpose of this conference is to insure that all of the Orders are understood. This conference shall take place at a regularly scheduled Commission meeting. 23. Prior to the start of construction, adequate erosion and sedimentation control measures shall be implemented, and shall be maintained throughout the entire construction phase and until the site has become stabilized with permanent vegetative cover. 24. The Commission shall be notified at least seventy-two hours prior to the start of construction and after erosion control measures are in place to enable the Commission to ensure compliance with these Orders. 25. The erosion and sedimentation barrier shall serve as the alteration limit line. Said barrier shall fully protect the adjacent wetland/resource area, and no work shall be permitted beyond this limit line. No machinery shall be operated beyond this limit line. 26. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other pollutant into any area of statutory interest. 27. At no time shall any construction materials, soils, fills,sediments, dredging or any other substances be stockpiled or stored in any area of statutory interest. e 28. All work within the area of statutory interest shall be performed so as to create minimum disturbance to the existing vegetative cover and contours. 29. The construction site shall be left in a stable condition at the close of each day. Erosion and sedimentation controls shall be continuously monitored to ensure proper operation. 30. if any alteration of the wetland/resource area does occur, the Commission shall impose such measures as it finds necessary to protect and restore the areas of statutory interest. 31. Whether from on-site or off-site, any fill used in connection with this project shall be clean fill as described here: The fill material shall be clean coarse washed sand or other clean granular material essentially free of clay, fines, dust, organic matter, large stones, masonry, stumps, frozen clumps of earth, wood tree branches and waste material. Before the fill is put in place, all trees, brush and stumps shall be removed from the area to be filled. Topsoil, peat and other impervious materials shall be removed from all areas to be filled prior to the placement of the fill material. 32. No creosote shall be used in any areas of statutory interests. An Environmental Impact Statement of any alternative preservative shall be submitted to the Commission prior to the start of construction phase. 33. All disturbed areas of statutory interest shall be stabilized with permanent vegetative cover. After proper grading, the area shall be loamed with not less than four (4) inches of good quality loam, seeded with a cover appropriate to the area, (and fertilized with an organic 10-6-4 or equivalent dry fertilizer at the rate of fifteen (15) pounds per one thousand feet). A mulch of hay, straw or bark of at least two (2) inches in depth shall be placed on newly seeded areas and all slopes capable of eroding into the areas of statutory interest. 34. Periodic maintenance/cleaning of the detention basin shall be conducted by the owner and all successors in interest or control of the property. (All catch basins shall contain oil/grease traps. These traps shall be cleaned routinely, but at least once every six months.) The applicant, his successors or assignee, shall have the continuing responsibility of this maintenance. 35. Lots 12, 13, 14 and 15 shall carry the following restrictions, and a covenant so noted on each deed: "This lot contains certain areas or abuts areas protected by Chapter 131, Section 40 of the General Laws of Massachusetts known as the Wetlands Protection Act and comes under the jurisdiction of the Agawam Conservation Commission. No cutting of trees, clearing of brush, digging, filling in with soil or debris, or the building of bridges is permitted within one hundred (100) feet of the designated wetland areas or within 200' of any designated river without specific approval granted by the Conservation Commission." 36. The Commission reserves the right to impose additional conditions on any or all portions of this work to minimize the impact of potential site erosion or noticeable degradation of water quality discharging from the site at any time. 37. Members and Agents of the Agawam Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the construction site to evaluate compliance with the order and to require the submittal of any additional information deemed necessary. 38. This order shall apply to all successor or assignee in interest or control of the subject property. Any conveyance of interest or control in the subject property shall make reference to this order by stating that the conveyance is subject to the provisions of an Order of Conditions under the Wetlands Protection Act, M.G.L. Chapter 131, Section 40, and by giving the book and page reference in the Hampden County Registry of Deeds where this order is recorded. 39. The petitioner shall have recorded in the Hampden County Registry of Deeds an "Order of Conditions Form" provided by this Commission. The Commission will not allow work to begin until proof of recording is provided the Conservation Commission. Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - order of Conditions ProWded by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cunt.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. Na pmhpr 30 r 2006 Date This Order must be signed by a majority of the Conservation Commission.The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A)and the property owner(if different from applicant). Signatures: e i M 5 'chic F k e a Steven D glas her Bee�cker On 30th Of November, 2006 Day Month and Year before me personally appeared Henry Kozloski, Frank Meagher, Sheryl Becker, Mark Soticheck, stev?�rl Douglas to me knowQ to be the person described in and who executed the foregoing instrument and ackh6W d t he/she executed the s e as his/her free act and deed. ' June 4 , 2010 Notary Public My Commission Expires This Order is issued to the applicant as follows: by hand delivery on ❑ by certified mail, return receipt requested, on 12/4/06 Date Date Wpaform5.doc•rev.12115= Page 5 of 7 Massachusetts Department of Environmental Protection DEP File Nurnber: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-0526 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of th&right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Agawam Conservation Commission Wpaform5.doc•rev.12115/00 Page 6 of 7 v L1Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection-Wetlands 1 WPA Form 5 - Order of Conditions 87-0525 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. - -------------- ----------------------------------------------------------------------------------------------- To: Agawam Conservation Commission Please be advised that the Order of Conditions for the Project at: Burlington Estates 87-0525 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date -- If recorded land, the instrument number identifying this transaction is.- Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc-rev.12/15/00 Page 7 of 7 ;�p g v f �u, ll 16t;J Massachusetts Department of Environmental ProtectionL77 Bureau of Resource Protection - Wetlands 1 WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Agawam _ computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Kyle &Claudia Moguin same return key. Name Name 43 South West Street Mailing Address Mailing Address Feeding Hills MA 01030 Citylrown State Zip Code CityTrown State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: copy of Assessors Map recv'd. 7-7-06 Title Date Title Date Tide Date 2. Date Request Filed: July 7, 2006 B. Determination Pursuant to the authority of M.G.L. c. 131,§40, the Conservation Commission consipiedV IL Request for Determination of Applicability, with its supporting documentation, and m2R th wing Determination. rn n rn Project Description (if applicable): Z 3 AG Replace existing foundation of deck with 4'frost wall. M - C4 r cr rr' Project Location: 43 South West Street Feeding Hills Street Address City/Town C9 5131 _ Assessors Map/Plat Number Parcel/Lot Number wpaformLdoc•rev.17115/00 Page 1 of 5 • Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) islare 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 ail 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.12h%0 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)00 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 -- Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cunt.) ❑ 5.The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable 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 August 15'r 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: ir ,C July 27 , 2006 - Date wpaform2.doc•rev.12l15Ma Page 4 of 5- /,� &//.P aa/V/ Town of Agawam' 36 Main Street Agawam, Massachusetts 01001-1837 t1 MP Tel. 413-786-0400 Fax 413-786-9927 August 25, 2005 ? Daniel Muldoon Burlington South Realty Trust P.O. Box 551 South Hadley, MA 01075 Dear Mr. Muldoon: At its duly called meeting held on August 18, 2005, the Agawam Planning Board voted to approve the Preliminary Subdivision Plan entitled: `Burlington Estates, Preliminary Subdivision Plan in Agawam, MA,The Burlington South Realty Trust, P.Q. Box 551, South Hadley, MA"prepared by Anderson Associates and Dated April 2005,revised August 12, 2005 with the following continents: 1. The Engineering comments contained in the memo dated August 18, 2005 and attached,must be addressed. An original of the revised Preliminary Plan must be submitted to the Planning Board for their signatures. Sincerely, Dennis B. Hopkins, Chairman Agawam Planni g Board cc: Cl Anderson Assoc. Building Engineering File TowNoFAGAwAm INTER-OFFICE z `ham ATf0M- E M0_. May To: Planning Board CC: John P. Stone,Anderson Associates, File From: Engineering Division Date: August 18,2005 Subject: Preliminary Plan(revised) -Burlington Estates-Poplar Street Per your request dated August 15, 2005, we have reviewed the latest submittal for Burlington Estates (revision date: 8/12/05 "Lot Sizes") and note the following: The two most notable changes on this latest revision are; 1. Burlington Estates has been reduced from 20 Iots to 18 lots,and 2. The entrance to the north cul-de-sac has been moved approximately 300 feet westerly. This cul-de-sac now becomes an extension of West View Lane.West View Ln. originates in Giroux Estates. 1. Previous Comment- Show conceptual drainage design for this extension of West View Lane. Also include center line grades. (New Comment) This should extend into Giroux Estates as far as needed based upon their definitive design. Additional comments are: 2. Sheet numbering should be added to the plan set. 3. On the first drawing,the graphic scale does not agree with the scale in the title box. 4. Under the "Land Use Data"note on all drawings,change the number of lots from 14 to 18 5. At the intersection of the two cul-de-sacs, all four corners should have 25 foot radii at the property lines. Add a handi-cap sidewalk ramp at each of these corners. 6. Maintain minimum 10 foot separation between water and sanitary throughout site (ex.: sanitary sewer main/hydrant at sta. 4+42 into the subject site). 7. The maximum allowable distance between any two sanitary sewer manholes is 300 feet,center to center. The distance between the existing SMH in Mill Street and the first proposed SMH (between Lot 3 and Lot 4) exceeds this design criteria. 8. Show the distance between the entrance to the subject site and the nearest intersecting street on Poplar Street (West View Ln.)to demonstrate 300'minimum allowance. 9. Please show the 200 foot riverfront area buffer based upon Three Mile Brook location. The current labeling does not show where the perennial stream begins. Depending on that location, compliance with CMR 310 riverfront area regulations will be required. This requirement may alter the possible layout flf lot"-fiillireview of this-issue will-tie done-as-part of the-Conservation Commission review of theN.O.I. for a protect. The following are to be addressed in the definitive design. 10. Stationing for the right of way into Burlington Estates and also into West View Lane should begin with 0+00 at the intersection of the centerline of each of these streets with the existing street line of Poplar St. 11. Additional perimeter drainage design will be required for Lots 1-11. Engineering reserves the right to make additional comments during the Conservation Commission and Definitive Review process. If you have any questions,please do not hesitate to contact our division. Sincerely, TA 'L Rick S. Seidnitzer 4eorga 3. ym .E. Civil Engineer I ineer SASUBDMBurlingnn F-mteirnemoslpceliminary review-l8 lots 67.wpd ;. r Fiv G(P fi{ Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 December 20, 2007 Mushy's Golf Center LLC 369 Main Street Agawam, MA 01001 To Whom It-May Concern:: At its duly called meeting held on December 20, 2007, the Agawam Planning Board voted to approve your plans under"Subdivision Control Law Not Required" for a parcel of land located on Main Street. Plans drawn by Heritage Surveys Inc. and dated August 8, 2007. Sincerely, o AWAM PL IN O c=P C7� � �. ••42 co Please be adv led that failure to record the plan within six(6) months and provide proof of recording will negate the action of the Hoard Detach on dotted lime 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 Mushy's Golf Ctr LLC and approved by the Agawam Planning Board for a.parcel of land located on Main Street has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant i Town .of Agawam 36 Mam Street Agawam,Maaacbusetts 01001-1837 IF Tat.413-786-0400 Fax 413-786.9927 AGAWAM PLANNING BOARD a 36 Main Street Agawam, Massachusetts 01001 Tel . 413- 786 -0400 Ext. 245 —• mac- FORM A GA C 7 � Application for Endorsement of Plan Believed Not to Re uire "vaf" crr FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE-COPY WITH THE TO N CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B 'b _Date: August 8, 2007 TO THE PLANNING BOARD: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. NAME OF APPLICAN: Mushy's Golf Center, LLC Address: 369 Main Street, Agawam, MA„01001 _ 2. NAME OF SURVEYOR: Heritage Surveys, Inc. Address: 241 College Hwy & Clark St PO Box 1 Southampton, MA 1073 3. DEED OF PROPERTY RECORDED IN Hampden County Registry of Deeds, Book 15903,age 197 4. LOCATION OF PROPERTY; Parcel A, area=23,486 square feet; Parcel B, area=2.128 acres and Parcel_ C., area=20.757 acres, located at Main Street as shown on Phan of Land in Agawam, Massarh is is surveyed for Mush'--; Gnlf Centari_- LLC, dated August 8, 20,Q7 5. DESCRIBE THE PROPOSAL IN THIS SUBMISSION: This Plan has been spared to divide land into three lots. ATTACHMENTS - TWO ORIGINALS AND THREE COPIES OF PLAN BY CERTIFIED LAND SURVEYOR. THE PLANS WILL BE DISTRIBUTED AS FOLLOWS: 1 ORIGINALTO THE TOWN OF AGAWAM ENGINEERING DEPARTMENT, ONE ORIGINAL TO THE RECORDED AT REGISTRY OF DEEDS BY THE APPLICANT, ONE COPY FOR THE ASSESSORS OFFICE, ONE COPY FOR THE PLANNING BOARD OFFICE, AND ONE CERTIFIED COPY FOR THE BUILDING DEPARTMENT. Signature of Owner -25 - Address 3b q rfru'k S�- cT f 4 w C