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P y _... _...__.. �, 1 /9,/� Y- TOWNOFAGAWAM 36 MAIN STREET ". AGAWAM, MA 01001 v y DECISION OF BOARD OF APPEALS w 0 Mayes � v� � r< Petition of: S. Page and Laura F. Fallon Premises affected: 747 North West Street Date: December 18, 2006 Case#: 1772 The Board of Appeals conducted a public hearing and meeting on December 18, 2006 at the Agawam Public Library Conference Room, 750 Cooper Street, Agawam, MA for all parties interested in the appeal of S. Page &Laura Fallon,who are seeking a Special Permit in accordance with Sections 180-7, Paragraph B of the Zoning Ordinances, which would allow for alterations to a non-conforming residential structure (enclosure of a front porch &rear addition) with less than the required front setback, located at the premises identified as 747 North West Street.. After the public hearing and a thorough review of the facts presented, the Agawam Board of Appeals made the following findings: 1. The subject property is located in a Residential A2 district. 2. The petitioners wish to enclose an existing front porch and construct an addition to the back of the existing dwelling. 3. Section 180-25: Setback requirements: Paragraph A states: "no part of any building shall be placed within thirty(30) feet of any street line". 4. The existing non-conforming structure has a front setback of twenty five(25) feet in its least dimension. 5. There will be no greater an encroachment than that which already exists. 6. Section 180-7 (B2) states that a non-conforming structure may be altered or enlarged in that use, but only after the granting of a Special Permit by the Board of Appeals. 7. The site is an appropriate location for such a use. 8. The use, as developed, will not adversely affect the health, safety or property values of the neighborhood. 9. There will be no nuisance or potential hazard to vehicle or pedestrian safety. 10. The proposed use is not considered so objectionable or obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood. 11. The proposed use is not considered so objectionable of obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood. a DECISION (p.2) � U �ICL S. Page & Laura Fallon "ASQY�AM. SASS. Case# 1772 7 Based on its findings, the Board is of the opinion that it is within the authority of the Board of Appeals to grant a Special Permit as stated under Section 1&0-7, Paragraph B of the Zoning Ordinances. Now, therefore, by a unanimous vote of its three members, the Zoning Board of Appeals hereby grants the petitioners a Special Permit to allow for the construction of two additions to a residential dwelling with the following conditions: 1. The proposed addition shall be built according to the plans submitted drawn by Smith Associate Surveyors, entitled Plan# 5153, dated February 2002 and signed by the members of this Board. 2. This Special Permit is for the alteration of the front porch and the rear addition to a non- conforming structure. 3. All other zoning and building requirements will be met. 4. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special Permit" form, which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. 5. This Special Permit shall become null and void if construction authorized by the special permit does not commence within two (2) years from the date of this decision. This decision is subject to appeal in accordance with M.G.L. Ch. 40A, Section 17 within 20 days after this decision is filed with the Agawam Town Clerk. Doreen Prouty1a a Fred Harpin Jo h Conte �� b r h Z Z BOARD OF APPEALS PUBLIC MEETING August 27,2007 .� T�g following members attended the public meeting: Doreen Prouty, Chairperson Fred Harpin, Vice Chairperson a co Joseph Conte-Clerk yr- w Gary Suffriti Alternate Cn Larry Hoague,Alternate 4 Jennifer Bonfiglio-Secretary 1.Case# 1792: Salema(Dunkin Donuts) Chairperson Prouty re-opened this hearing at 6:30PM. Chairperson Prouty read a letter from Gary Weiner requesting a continuance. Motion to continue this case to Tuesday, October 91' @ 6:30PM by member Suffriti. Seconded by Chairperson Prouty. Vote: Unanimous. 2.Case# 1799: Ladizki Chairperson Prouty opened this hearing at 7PM by reading the legal notice. Sitting on this case are Prouty, Harpin and Suffriti. Chairperson Prouty read a letter from David Ladizki requesting a continuance. Motion to continue this case to Monday, October 22°d @ 6:30PM by member Suffriti. Seconded by Chairperson Prouty. Vote: Unanimous. 3.Minutes of August 13,2007 Chairperson Prouty made a motion to go out of order to approve the minutes from the August 13''meeting. Member Harpin seconded the motion. All in were in favor,none opposed. The minutes were unanimously approved with revisions. 4.Case# 1800: Agawam Specials, Inc. Chairperson Prouty opened this hearing at 730PM by reading the legal notice and explaining the procedure to be followed. Sitting on this case are Prouty, Harpin and Hoague. Speaking on behalf of Agawam Specials was Gerry Scoville, 15 Laurel Circle. He stated that Agawam Specials is seeking to park cars at the Agawam Town Hall;36 Mains Street. They have been parking cars at the Town Hall for 19 years. This is their only fundraiser and pays for equipment,training,badges,etc. Chairperson Prouty stated that the planning board continued this case to September 9 b. She read correspondence form the Engineering Department who prepared the site plan for Agawam Specials. The letters includes all the conditions have been met. Chairperson Prouty read a letter from Vince Goscia;Town Solicitor,dated 8/22/07 stating that if Agawam Specials used the funds raised for municipal purposes,they would be exempt from filing for a Special Permit. Chairperson Prouty read a letter from Sgt. Niles; Safety officer, dated 8/24/07. No opinion was noted. Chairperson Prouty also read a memo from the Fire Chief dated 7/30/07 stating fire lanes must be clearly marked Member Conte explained that according to the ordinance, a parking lot is accessory to any structure on government property and therefore is exempt. Member Hoague questioned if the Special Police is accessory to the Town. Gerry Scoville advised that the use fundraising is in lieu of budgeting and all proceeds go to the Special Police. Page 1 of I Members Hoague and Prouty agree that the Town Hall is a municipal building. The parking lot is accessory to the Town Hall and Agawam Specials are employees of the town. The funds raised are used for municipal purposes. Ms. Prouty also read Section 180-17 (C) which states that town buildings and accessory buildings can be erected and used in a Residentail A-2 district. Member Hoague asks if Agawam Specials will supply police services. Gerry Scoville answers yes. No one speaks in favor or against. No one is opposed or in favor in name only. The appeal process is explained and.Chairperson Prouty closes the public hearing at 7:53 PM. The public meeting is opened at 7:55 PM. Member Hoague states that given the unusual situation,police will be on site,lighting is present, and spaces are clearly marked,.he feels that they meet the criteria to use the property. Chairperson Prouty states she agrees with member Hoague. Agawam Specials is a town entity and sponsored by the town. Chairperson Prouty calls for a vote: Hoague: yes Harpin: yes Prouty: yes Vote: Unanimous. Chairperson closed the public meeting at 8PM. 5-Case# 1798: Palazzi Member Harpin re-opened this hearing at 8PM. He stated that the Planning Board has continued this case and the Board of Appeals is waiting for information from them. Sitting on this case are Harpin,Hoague, and Suffriti. Micheal Palazzi stated that he spoke with Deb Dachos and she agreed that an architect is not needed. He has a master plan with him and will present it to the Planning board at the next meeting. Michael Palazzi presented an article from the Washington City Newspaper to the board regarding parking. He stated that he feels that this is not a safety issue. There is no record or issue of safety outside the park. He will try to meet the criteria,as he is in the business of storing vehicles. Michael Palazzi also stated he was told he should not be storing vehicles under 15 hours. He questions if he can store overnight. He also asked what the board recommends for ingress and egress. Member Conte stated in his opinion,the board cannot get involved in other people's property. Member Hoague advised that the board cannot offer any legal opinion until the meeting is opened. Michael Palazzi states that there are no sidewalks in front of Six Flags. He advises that employees must walk in front of the Park and cross street from warehouse. The Board members agreed to continue this hearing to Tuesday, October 9th' @ 7:OOPM. 6.Motion to adjourn by Harpin, seconded by Suffriti. All were in favor,none opposed. Meeting was closed at 8:15PM. Page 2 of 1 Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 rn v x September 11, 2007 . r yn R v1�. " C=pr. Michael Palazzi �. South Agawam Storage 1670 Main Street Agawam, MA 01001 Dear Mr. PaIazzi: At its duly called meeting held on September 6, 2007, the Agawam Planning Board voted to approve your site plan for Temporary Parking for you property located at 1668 Main Street with the following conditions: • The comments contained in the memo from the Engineering Department dated September 6, 2007 and attached must be addressed. • Handicapped parking for the temporary parking must be provided in compliance with all applicable codes and regulations including the Massachusetts Architectural Access Board regulations,Mass CMR 780 and Public Law 101-336. Four of the five handicapped spaces shown are currently provided for existing uses on the site. • Walkways through the parking area must be delineated by paint and must be T wide. The walkway must be further delineated by cross-hatching 4' apart. • Safe and legal access to the destination for the temporary parking customers must be provided in conformance with applicable codes and regulations, including the Agawam Department of Public Works, Massachusetts Highway Department, Agawam Police Department, Agawam Fire Department, the Massachusetts Architectural Access Board regulations, Mass CMR 780 and Public Law 101-366. • The existing dumpster must either be removed or fully screen with fencing and/or a natural screen. • Restroom facilities must be provided for the temporary parking lot patrons. Portable restroom facilities shall be fully screened so as not be visible from the public way or adjacent properties. • Comments received from the Agawam Safety Officer dated October 27, 2006 and comments from the Agawam Fire Chief dated July 30, 2007, both attached,must be addressed. • No overnight parking shall be allowed. If you have any questions please contact the Agawam Planning Office at 786-0400, extension 283. Sincerely, Dennis B. Hopkins, Chairman JsJ Agawarn Planning Board cc: Clerk Board of Appeals. Building Engineering Fire Safety Officer Fire TOWN OF AGAWAM Department of Public Works 1000 Suffield Street - Agawam, MA 01001 �. `� Tel (413) 821-0600 - Fax (413) 821-0631 John P. Stone — Superintendent MEMORANDUM To: Planning CC: John Stone-- DPW Supt.; File From: Engineering Date: September 6, 2007 Sub"ecL t: SP-496 —South Agawam Storage-- 1670 Main Street Per your request, Engineering has reviewed the Site Plan for South Agawam Storage and we have the following comments: Engineering performed an inspection of this site on August 15, 2007 and the previous comments from November 15, 2006 haven't changed: 1. This site has a history of causing flooding problems for the owners located at 1670 Main Street_ In particular, the parking lot area between the storage building in the southeastern corner of the site and the one to the west of it. The parking lot drains to a low spot here where it eventually overtops the 6" berm/wall and floods the building next door, Also, in the winter, snow tends to be plowed up along the southern edge of the property which melts and causes flooding. The original plan was to have the stormwater flow toward the western part of the property and eventually to the detention pond. 2. There are a significant number of cars and large trucks which appear to be nun-functional around the entire site. This includes a large semi and box truck along the western property line, a number of cars behind the office maintenance building, and in several of the proposed parking spaces. 3. There are two dumpsters on the site which are not shown on the plan. The one behind the south west comer of the southern front stare will not be accessible if cars are parked where they are proposed_ Neither of them have a fence around them. Sincerely, Vladimir Caceres Michael C. Chase, E.I.T. Civil Engineer I Interim Town Engineer 8:tiSFWPS SOVTHAGAWAM$ELF STPRAGE IVC MAIN S7VJI 0 o2ZCC j .. •.......... � Memo ' To : Planning Board From : Sgt. Richard Niles, Safety Officer Subject : Application to allow open air transient parking @ 1670 Main Street Date : 10/27/2006 Based upon the assumption that the occupants of the motor vehicles that would park on this lot would became pedestrians with their destination to and from Six Flags, the following measurements and observations were made. 1. The total width of Main Street at this site is 39.4' 2. There are no sidewalks on either side of Main Street at this site. 3. The distance from the entrance/exit of this site to the foot path leading to the Six Flags foot bridge is 400' 4. Pedestrian will have to cross over the entrancelcxit of TJ SportHouse and of Six Flags Central Receiving Warehouse, 5. The average width of the breakdown lane (site to foot bridge) is 1.2' . * Six Flags Central Receiving Warehouse personnel state Tractor Trailer units utilize the warehouse's entrance/exit during normal hours of park operation. The TT units are required to back into the entrance/exit. Pedestrians created hazards for the drivers. Respectfully Submitted Sgt. R. Niles g'«'.. F AGAW� ��• M FIRE DEPART ENT 800 MAIN STREET • AGAWAM,MA 01001 Q TELEPHONE (413)786-0657 l FAX(413) 780-1241 e-nail afdchief@agawam.ma.us Stephen M. Martin Chief of Department P1R1:5 Michael Mercadante Provisional Deputy Chief Georgiann Thompson Administrative Assistant MEMORANDUM TO: Planning Board FROM: Fire Chief Stephen M. Martin DATE: July 30, 2007 RE: Site flan-Parking Lot:1670 Main Street Pal=i's. The fire department has reviewed the site plan for 1670 Main Street. Fire Lanes must be clearly marked and maintained. The integrity of the fire lanes and accessibility for fire-fighting and rescue must be rigidly maintained and any violations should result in the revocation of the.permit. Thank y u, Step en Martin Fire Chief RECEIVFr) JUL 3 o zaa� A .. z y� JWN OF AGAWAM y� FOR OFFICE USE ONLY 36 MAIN STREET Case #: ,�, •�, A GA WAM MA 01001 j i Filed: Py`1 BOARD OF APPEALS ; Hearing: D ATEI) ; Expires: i 0 F- 3> Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning a4 D other By-laws. 3 c Applicant . �� Ch Q IV � Address 10 7 H r t i n _ au_)a 1n M/1 C)1 UQ I CD Application is hereby made for a SPECIAL PERMIT as provided by Section Paragraph of the By-law. Premises affected are situated on r 4 _IQ Street; feet distant from the corner of Street and known as street number ! LP 10 Property is zoned as r)Q &S zP) — 4 Reason(s) for request of Special Permit: t're SS McLnt-f (,0�0 Ube rn( 1 c; % 11 OLr2 rel0 A ar � yQ ?iCI�S acrl f QY 'Ai ,(k Pgr be wce_k Cr fnU411 bo�S i u c k ren4aV 1 w r T /r1a,,?E Lf ; --es 0� rkwi fct- ` he- m-er -� Ef4W f M-eId 6r AOur 1V or cot; kAS ' l041 L. yCLA �rx 7�u 1' Carr Sl` e r cj� Signature of owner or his authorized agent: t Telephone#: I ri NOTICE: THIS APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTL VOW� r �3 / d Ll Eli ED F-D F-D I-D E Ar A -10 A Li if ca G c� f J /"l I c,/lf�E� Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 M PLANNING BOARD p n r 3 = 3� AC January 9, 2007 `•n Cn CA � Michael Palazzi South Agawam Self Storage, Inc. 1670 Main Street Agawam, MA 01001 Dear Mr. Palazzi: At its duly called meeting held on January 4, 2007, the Agawam Planning Board voted to accept your request to withdraw your Site Plan application without prejudice for 1670 Main Street. If you have any questions, please contact this office at 786-0400, ext. 283. Sincerely, Travis Ward, Acting Chairman AGAWAM PLANNING BOARD TW/DSD:prk cc: ZBA Building Insp. Town Clerk File ` ry. TOWN O,iF A GA wAivir ,q r~ a . f 36 NL41N STREET A AGA WAM AAA 01001 o - - BOARD OF APPEALS �C-) A Case � Filed to'Ts Hearing IJj I Application to Board of Appeals for SPECL4L-.-ITT as provided in the . Zoning and other By-la Irs. � /C�,'�ne� Anl�zZI` 00 Applicant, � S!© Address � �! Application is he4by made for SPECLU P I +iI' ' as provided by Section 180 Paragraph of the By-law. c Premises affected are situated on/Z _Q f!j-- - _ Street; feet distant from the corner of Street and known as street number Property is zoned as C'Li` oI-Q l- IL�..�( h f wa�Vn f�ra� i 7 j /1 f'2 L4�L± c,(-.� rnS b(AiSr7-PAS. Mane[___�1 ts_..4,z U Q_ m►r - ar:i i; ice js a c it arij re ra.v., 1-ks n�t ��k)C k .,,�r�� Y- o,'Lj—,__ram r:_ rWeQ �� . � c 6AIhO C'US+rn-c'S who rtr14 hourfL, 'liar► yoi( &r k/c)u r C ap _s j Q ra-H ro . Signature of owner orAfs authorized agent NO-FICE: THIS APPLICATION MUST BE FULED OUT IN IW OR TYPEWRITTEN OC1C:ISG.QS1 a�-O,�--� t�:5R CTI=#:29114 WARRANTY DEED WE, RICHARD R. PALAZZI of 36 Trinity Terrace, Agawsrn, Hampdon C xa ty, Mw achusefts and MICHAEL.A.PALAZZI,of 198 Cooper Streat, Agawam,EWmpden County, ilk aesacbusetts,as joint teasats,for One Dollar(SI.00), SrW to RICHARD R.PALAZZI of 36 41 Trinity Terrace,Agawramn,Hampden Camay,Messasts end MIQiAEL A PALAZZI,of 195 Cooper S1rect,Agawam,Hampdca County,Massachusetts,as twatw4s-cmwoni wig warranty sxwmis,the following • The land in Agn mai,H mpden County.Massechusetts,bounded and deacriibed as fagows: EASTERLY by Main Street,one hundred eighty-fiive and 061100(185.06)fiw4 SOUTHERLY by fans!now or fsxtr dy ofAlaa G.Vadnais,one hundred sixty(160) feet; WESTERLY by said hied now or formerly of Alan 0.Vadnais one hun&W(120) SOUTIHALY by land now of formerly of Joseph 'V{I"�ltiams and Wffarndale DaMopwat Linuted et at three hundred thirty-five and 43/100 (335.43)feet; WESTERLY by land nsaw or formerly of Stuart Aneusenwa Company Certificae No. 55216,three hundred fifty-seven and W10D(337.80)fed, NORTHERLY by had ofaaid SUM Amusernoret Carnpany,two bUDdred tweaW-Six and 311100(226.31)feet; EASTERLY severity4ght and 691100(38.69)foot by lard OfM.V.Fatterprises, Inc.,Land Court Certificate No. 23493;and A TRUE PHOTOCOPY AS RECORDED IN HAMPDEN COUNTY REGISTRY DISTRICT OF THE LAND G00T AND IT IS SO CERTIFIED ,ATTEST; - Cf-s Oha, DOC. NO. ,3 95 CERTIFICATE OF TITLE NO. .��1�1 _ Page 1 of 3 ROOK- w PAG — ASSISTANT RECORDER ' NORTIMRLY three hundred(300)feet by Lot 3 as shown on hereinafter rtwnttaned Plan- Said land is shown as Lot 4 on said hereinafter nmdoned plan. All of said batadnries are det"ned by the Court to be located as shown on a plan of division of land in Apwam, Maswichusetts owned by Russell).Mattoon and RidNard R.Pals rai dated May 24, 19B9*xwn by R.A.For*Surveyor as approved by the Land Court on Aupst 24, 1989 known as Plan 15274D, a copy of a portion of which is filed with Certificate of Title No.24380 Subject to a ftrst trtnrtgage to Bank of New England West,N.A.dated Febnwy 28, 1989 in the original principal amount of$320,000.00 and recorded with Hampden County Land Rq#Watim Office as Document No. 8M 1,in Book 129,Page 33,which tha grantees agree and assume to pay on the nxxtgaga. Subject a sand mortgage to Richard R. Palazzi dated August 22, 1999 in the wi&W principal amount of$85,000.00 and recorded with Hampden County Land Registration Moe as Document No.90692,in Soak 129,Page 33. Subject to a third mortgage to Richard R.Palazzi dated October 30, 1999 in the smount of $40,000.00 and recorded with Hampden County Land Registration Office as Docwnent Net.90758. Bee the same premises conveyed to RICHARD R.PALAZZI and MICHABL A.PALATZI by deed ofRw"I.Mattoon,and Richard R.Palazzi,dated acute 13,1990,and reeorded at Hampden County Registry ofDeeds Land Court Certificate No.24699. Wimcss our hands and seals this day of August, 1999 'ltrt-1 tr��l !j •t V1itncas WHARD 1t PALAZZU 4 ' ilr-Ile sad 4t 4,fZ rtrtoss MICHAEL A. PALAZZI Page 2 of 3 - _ COMMONWEALTH OF MASSACHUSEM Hampden,w. ,?-L 1999 Then personally appearod the above-mod RICHARD R. PALAZZI and MCHAEL A. PAL AZZI and wknom o%W the execution of the twqpmg bobwoo to be their ftft am ad deeds►before me, ) � f Nou"P&& Page 3 of 3 j � x `c� Jr,. 1R.11N. - Page of Town of Agawam 36 Main Street Agawam., Massachusetts 01001-1837 pia` TeL 413-786-0400 Faz.413-786-9927- DATE: 0 CERTMCATION OF ABUTTERS LIST PROPERTY LOCATION: I !27 Q LIOLi(I . Q t m 140 IOC MAP# BLOCK# LOT# Z J CONTACT PERSON NAME: - CONTACT PERSON-ADDRESS I H CONTACT PERSON-PHONE NUMBER_�-4 t 3 -7 a(b (I c qb -- - - ABUTTERS Name: _-- � N tr* iR W►fl "10p# , Block#�_Lot# _ Address of property: / 00, Address of Owner: .--.� kil tycl l zi P1 U&i-f o A rt?t �,! // Name: R]f „V d.]!�if Map#-k2, 810co-1 Lot# Address of Property: 70 ' fit _ 5 ,[ � dtl �'1- l/ „(2 % 001 - Address of Owner: ^ZV&AJ s 19 C]f 0- n j Page of,,,.L ABUTTERS Name : gdmoMap# _ Block#�`Lot#_. Address ofpropertq: Lyaln / 1N. 4/06.,4 Address of Owner: $� ,� , .1,4w1?.1n Name: iv N Anf .t Map# k. Block#_. Lot# 1 Address of ro I i . P p�Y Address of Owner: PO., 8 Name: ,�, �0l /7'oySr.iesJniap# Block# _ Lot# ,.J,5 4 Address of property . Address ofOwn : ! d C1 6tj ,4 0 0# Name: a Map# _ ` Block# __ Lot# Address of property: S A17A)Iq CNN Address of Owner. 4 Name: r'' z Map# Block# _Lot# Address of property i W 7*' Ah. U 001 Address of Owner s- c O Y O 1 Nam: e mi,erP ., Map#.. �C Block#„�_ Lot# Address of property: f A/i *A. a1Gb1 Address of Owner:- Iy -D / Page of ABUTTERS Name : �. Blocl£#�_Lat# Address of propert9 • / Addreists ofOwner. _A-0, Po.ir Name: Pltm .,&eks . Lc ._..Map# Block#��Lot# ! Address of property : Lt1 C,O Address of Ownev - � Name: Map# Block# Lot# Address of property : Address ofOwner: Name: Map# Block# Lot# Address of property: Address of Owner: Name: Map# Block# Lot# Address of propatY: Address of Owner: Name: Map# Block# Lot# Address of property- Address of Owner: VADNAIS ALAN G MY ENTERPRISES INC SIX FLAGS NEW ENGLAND 23 RANDOLPH PL UNIT 23 PO BOX 75D PO BOX 543185 NORTHAMPTON, MA 01060 AGAWA%AAA 01001-2577 DALLAS,TX 75354-3185 Parcel ID: K2 1 11 Parcel ID: K2 1 13 Parcel ID: K21n45i VERSHON DAVID G ZAVAREL A AUCE ZAVRELLA ARTHUR 1708 MAIN ST 1702 MAIN ST 1702 MAIN ST AGAWAM, MA 01001-2513 AGAWAM,MA 01001-2513 AGAWAM,MA 01001.2513 Parcel ID: K2 1 3 Parcel ID: K2 1 4 Parcel ID: K2 1 5 HAMPTON COURT PREMIER PARKS INC PREMIER PARKS INC CORPORATION TRU PO BOX 543185 PO BOX 543185 1688 MAIN ST DALLAS,TX 75354 DALLAS, TX 75354 AGAWAM,MA 01 001-25 77 Parcel ID: K2 1 8 Parcel ID: K2 1 9 Parcel ID: K2 16 SIX FLAGS NEW ENGLAND INC PO BOX 543185 DALLAS,TX 75354-3185 Parcel ID: K3 3 1 l oa3 Hoif)S4- � TOWN OF AGAWAM INSPECTION SERVICES Mp�1 DEPARTMENT 1000 SUFFIELD STREET,AGAWAM,MASSACHUSETTS 01001 TEL.(413)821-06321 FAX(413)8214W7 Friday,September 15, 2006 PALAZZI RICHARD R+ • 1668 MAIN ST AGAWAM,MA 01001-2577 RE: 1668 MAIN ST Dear PALAZZI RICHARD R+: Based on numerous complaints that the city has received concerning illegal transient parking problems,you are receiving this letter because your property,as referenced above,is located within three hundred(300)feet of Six Flags New England or the Big"E". This parking is creating serious issues of public safety. You may not currently be in violation of the Town of Agawam Code,and if you are not then you are receiving this for informational.purposes only. If you are in violation,you need to bring your property into compliance as stated below. Please be advised that if your property is in an area zonqdjkLwess,A,Business B,Industrial A,and Industrial B the Town of Agawam Code 180-44 ows use of your property as follows: No building or other structure shall be erected,altered or used and no land shall be used or occupied for any purpose except one or more of the following . . . F. en-air transient parking, after a public hearing by the Board of P1�eals.If your property is not in the above-listed zones,you cannot go before the Board of Appeals for a special permit for open-air transient parking. Violation of any section of Agawam Code Chapter 180 will expose the property owner to fines pursuant to Agawam Code §180-16: Any person,partnership,trust,association or corporation violating any provision of this chapter,any condition under which any permit is issued or any decision rendered by the Board of Appeals shall be fined not more than one hundred dollars($100.)nor less than twenty-five dollars($25.)for each offense. Each day that such violation exists shall constitute a separate offense under this section. The special permit can be obtained by following the process laid out in §180�11. That section states in part: B. Hearing, notice and decision. (1) The special permit granting authority shall hold a public hearing within 65 days after the filing of as application with the special permit granting authority, a copy of which shall forthwith be given to the Town Clerk by the applicant. (2) The special permit granting authority shall require notice be given by publication in a newspaper of general circulation in the town once in each of two successive weeks,the first publication to be not less than 14 days before the hearing,and by posting such notice in a conspicuous place in the Town Hall- Notice shall be sent by mail, - -- -postage prepaid o the petitioner,abutters and owners of land within 300 feet of the property line as they appear on the most recent -- applicable tax list, including those in another city or town and the Planning Boards of all abutting cities and towns. Such notice shall be prepared,published,posted and mailed by the Board of Appeals. (3) The special permit granting authority shall act within ninety(90)days following the public hearing. Failure to take final action upon an application for a special permit within said ninety(90)days shall be deemed a grant of the permit applied for. You may pick up a Board of Appeals application from the Planning Board, located at 36 Main Street or from Inspection Services,located at 1000 Suffield Street. Please take notice of these sections of the Agawam Code and act accordingly. You have fourteen (14) days from the date of this letter to bring your property into compliance with Agawam Code. Sincerely, Damink-Vt6inati- _ _� _—_ -,Vincent§i0scia- Inspector of Buildings Acting City Solicitor -- TOWN OF AGA WAM 36 MAIN STREET AGAWAN, MA 01001 M' H' DECISION OF BOARD OF APPEALS ZAay, co ..� Ate• Petition of: Aleksandr V. Paliy 3 Premises affected: 127 Leonard Street M I A C .r Date: April 28,2008 ;v M) Case#: 1822 7 I The Board of Appeals conducted a public hearing and meeting on April 28, 2008 at the Agawam Pulbic ! Library Conference Room, 750 Cooper Street, Agawam,MA for all parties interested in the appeal of Aleksandr V. Paliy ,who is seeking a Special Permit in accordance with Section 180-71 of the Zoning Ordinances to allow for the construction of an addition to a residential dwelling found to lie within the flood plain at the premises identified as 127 Leonard Street. After the public hearing and a thorough review of the facts presented,the Agawam Board of Appeals made the following findings: 1. The subject property is located in a Residential A-2 zoning district. 2. The petitioner proposes to construct an addition to the existing residential structure. 3. The subject property is located within the five-hundred (500)year flood plain(Zone B) as identified by HUD Flood Map 250133-002A. 4. Approval from the Agawam.Conservation Commission is not required for residential structures located within the five-hundred (500)year flood plain 4 5. Section 180-71, Paragraph A of the Town of Agawam's Zoning Ordinances allows the granting of a J special permit for the use or development of land and for the construction and erection of a building or structure found to lie within the flood plain with certain conditions. 6. The lowest floor(including basement) of the proposed addition will be above the level of the one- hundred-year flood. 7. A memo received from the Safety Officer for the Town of Agawam states that it would appear that the addition to this dwelling would have little negative impact to pedestrian, bicycle and/or motor vehicle traffic safety. 8. The proposed use of the subject property under Article XII(Floodplain Zone) will not endanger the health and safety of the occupants of land within the floodplain or to the public. 9. A single-family residential dwelling is an allowed use in a Residential A-2 zoning district.The 7 subject property is an appropriate location for such a use and structure. 10. No evidence was submitted demonstrating that this proposed addition would have an adverse affect on the health, safety or property value of the neighborhood. 11. The report from the Agawam Safety Officer satisfies the concern that there will be no nuisance or potential hazards to vehicular of pedestrian safety. 12. The proposed addition will not be substantially more detrimental to the neighborhood than the existing non-conforming structure. DECISION (p2) Aleksandr V. Paliy Case## 1822 13. The proposed addition is not considered to be so objectionable or obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood. Based on its findings,the Board is of the opinion that it is within the authority of the Agawam Zoning Board of Appeals to grant a special permit as stated under Section 180-71 of the Agawam Zoning Ordinances of the Code of the Town of Agawam.. Now,therefore, by a unanimous vote of its three members, the Agawam Zoning Board of Appeals hereby grants Aleksandr V. Paliy a special permit to allow for the construction of an addition to a residential dwelling which has been found to lie within a floodplain subject to the following conditions: 1. The proposed addition will be constructed according to the plan submitted entitled: Aleksandr. V. Paliy, 127 Leonard St.,Agawam, MA, dated March 3, 2008, drawn by Marc E. Shute of D.L. Bean, Inc. and signed by the members of this Board. 2. 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. 3. This Special Permit shall become null and void if construction of this addition does not commence within two (2) years from the date this decision i s stamped at the Town of Agawam Clerk's office. This decision is subject to appeal in accordance with M.G.L. Ch. 411A, Section 17 within 20 days after this decision is filed with the Agawam Town Clerk. Doreen Prouty Joseph Conte �' / James Marino f"5�A / , TOWN OFAGAW" / 36 MAIN STREET �� dr AGAWAM, MA 01001 DECISION OF BOARD OF APPEALS A7EDco M� s ' Petition of: Aleksandr V. Paliy Premises affected: 127 Leonard Street 3 :X mac . Date: April 28, 2008 Case#: 1823 The Board of Appeals conducted a public hearing and meeting on April 28, 2008 at the Agawam Public Library Conference Room, 750 Cooper Street, Agawam,MA for all parties interested in the appeal of Aleksandr V. Paliy,, who is seeking a Special Permit in accordance with Section 180-7, Paragraph B of the Zoning Ordinances to allow for the construction of an addition to a legal non-conforming structure with less than the required side yard at the premises identified as 127 Leonard Street. After the public hearing and a thorough review of the facts presented, the Agawam Board of Appeals made the following findings: 1. The subject property is located in a Residential A-2 zoning district. 2. The petitioner proposes to construct an addition to the existing non-conforming residential structure. 3. Section 180-26 (1) of the Agawam Zoning By-Laws states "there shall be a side yard between a principal building and any side lot line which shall be 15 feet wide in its Ieast dimension". The existing structure has a side yard of 10.3 feet. 4. The proposed addition shall have a side yard of 11.1 feet in its least dimension. 5. Section 180-7, Paragraph B(2) states that a nonconforming structure may be altered or enlarged in that use,but only after the granting of a permit by the Board of Appeals. 6. A memo received from the Safety Officer for the Town of Agawam states that it would appear that the addition to this dwelling would have little negative impact to pedestrian, bicycle and/or motor vehicle traffic safety. 7. There will be no greater an encroachment than that which already exists. 8. A single-family residential dwelling is an allowed use in a Residential A-2 zoning district. The subject property is an appropriate location for such a use and structure. 9. No evidence was submitted demonstrating that this proposed addition would have an adverse affect on the health, safety or property value of the neighborhood. 10. The report from the Agawam Safety Officer satisfies the concern that there will be no nuisance or potential hazards to vehicular of pedestrian safety. 11. The proposed addition will not be substantially more detrimental to the neighborhood than the existing non-conforming structure. 12. The proposed addition is not considered to be so objectionable or obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood. i DECISION (p2) Aleksandr V. Paliy Case# 1823 Based on its findings, the Board is of the opinion that it is within the authority of the Agawam Zoning Board of Appeals to grant a special permit as stated under Section 180-7, Paragraph B of the Agawam Zoning Ordinances of the Code of the Town of Agawam. Now, therefore,by a unanimous vote of its three members, the Agawam Zoning Board of Appeals hereby grants Aleksandr V. Paliy a special permit to allow for the construction of an addition to a legal nonconforming structure with less than the required side yard subject to the following conditions: 1. The proposed addition will be constructed according to the plan submitted entitled: Aleksandr. V. Paliy, 127 Leonard St., Agawam, MA, dated March 3, 2008, drawn by Marc E. Shute of D.L. Bean, Inc. and signed by the members of this Board. 2. This special permit is only for the construction of the addition, which will have less than the required side yard. All other zoning requirements must be met. 3. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special Permit" form, which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. 4. This Special Permit shall become null and void if construction of this addition does not commence within two (2) years from the date this decision is stamped at the Town of Agawam Clerk's office. This decision is subject to appeal in accordance with M.G.L. Ch. 40A, Section 17 within 20 days after this decision is filed with the Agawam Town Clerk. O&71}'YI�Q Doreen Prouty Joseph Cone James Marmo FOR OrRCE USE ONLY TOWN OFAGAWAM 36 MAIN STREET Case #: _ / AGA WAM, MA 0100fI Filed: f BOARD OF APPEALS ' Hearing: i Expires: i Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and other By-laws, Applicant Alek Address 127 Leonard Street - A aw Applicaation is hereby made for a SPECIAL. PERMIT as provided by Section_ Y8o Paragraph 7A of the By-law. Premises affected are situated on Leonard _ Street; 290 __feet distant from the comer of Katherine Street _ Street and known as street number 127 Property is zoned as Residence A--2 Reason(s) for request of Special Permit: The proposed addition would be added to the rear of the existing house. There were no Zonin& By-Laws in affect at the time the house was originally constructed... The _addition would be more in couliance than the original house. _ w � 4 _ :X 3 . C Signature of owner or his authorized agent: 1)-t jAk) jrfi Z_ Telephone #: �`7 S G N0770E. THIS APPLICATION MUST HE FILLED OUT IN!NK OR TYPEWRITTEN Sk 17137 Ps299 _M6601 ' �2--CJ�- —2��$ 01 ❑1 � 32n X MOW ALL PrJUMM MY THM -PRE, ?bet WE. M'TA A. SULINAN of 4247 MOmw 49. Tenrmmw Rkdr- TN 37178 AND RICHAltD A. CRO N of 228 test R*K Prrctlw4 TN 37141 boar tooddadko poid aqd in#bit of 00 Haaadmd My lea Tboomd!ha Hm*ed WnOO DoUm($119,SWOd)GRANT TO ALMANDR V. PAUY of 161 Fla ft as. Ate, Hampden C,=y. irta� wrath with WARRAIM V C VlNAMW CwaWu ate.e+m Ltd is Agawaw.Hmpdm Cotay,MmwJumou knma end &ftMftd as WU#7 (wvw)ar d.ft(*W es dwwa at a pb a of lots McakW in FAmpdeo Cojoy Ratloy of Dtcdk Book of Pins OW, Papa S, =M lob botog=Rv pwdcWi@dybomm&d=dd@mmbWIPqpd -, kompowdulagawc by t amad Street:om bnsWW t weaq 4od Sal 00(120.10)ftmt Nl by fat#9(abte)on and pk4 two bto"smo gy Wand 13r1 OO (27&13). Nrel noiy: by temd or owners wkmawn, ow b m*W twooW and 161100 020.1(P)6 W, sib►: by tat 06(9x)an said pion,tyro bwWred W*jW and 63110Q}fit. Mmriat E.CAB died axi has 8,2M v 'NAM ft ram Pecmim om"yed to the boas by deed doed OMW S. 1992 and ra mubd m dw H"Vdm Cw9 RaghUY of Deeds in Book OK Pop 424. MASSACHUSETTS STATE EXCISE 'FAX HAMDEN COMTY RE61STRY OF DEEDS Ducey 02-01-2008 8 Q1i32an MO: 731 Doc*: 6601 Fee: $727.32 Gans M59TESM.Do Ek 17137 Pg 300 #6601 ai'111ess mt y had md vW 66 30 day efJwuy, - Wks iidLII A.(�M Z�� v A.SWHVw STATZOFTXNNZWU immy On dds 30P day of hu4m, 2008 bohn mt. do wd=wed mfty publxi A_ Com and Raft A. Sr to so ftough of Ildcafificefim, *6kh vM to b6 to I r, )Wbm=� is mould a1 tbb doh and v&u Sworn or W we *0 im of ft &cmwul(s) a6 radM wd ==dc lb *c bolt of dw* knwM10ftb md babd `�C>9 NotaryN u� MY C.a as Expr�e� My Commission Expires OkPubri a w� May 23, 2009 c floes-cou sus 4iOPO 1 Q� V • � 11 w zi S� u w m Q� �k D 2�' 4 u f i TOWN OF A GA WADI FOR or�icE usF orrLv 36 UNN STREET Case #: ' •� AGAWAM, I4IA 01001 = Filed: BOARD OF APPEALS Hearing: C� Expires: Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and other By-laws. Applicant _ Aleksgndr V. Paliy Address 127 Leonard Street - Agawam Application is hereby made for a SPEMAL PERMIT as provided by Section Imo, Paragraph-_71H. (1 of the By-law. - Premises affected are situated on Leonard Street; 290 feet distant from the corner of Katharine street Street and known as street number Z Property is zoned as Residence A-2. Reason(s) for request of Special Permit. To construct an addition to the existing structure located at 127 ..Leonard S reet. 0 co 3 F' Signature of owner or his authorized agent: 4 Telephone #: 562-7566 NOTICE_ TENS APPLICATION MUST 6E FILLED OUT IN INK OR TYPEWRITTEN Bk 17137 R:g299 064601 K1 OW ALL PRtl NS $Y TUM PRESVIT'S, That WE. UTi'A A. SULL(YAN of 4W lfiobmay 49. Taw. R TN 37178 AND RKMARD A. CRIBS at2H Leaar Rated,Patdu4 TN 37141E fw boa paid ad in W of 1000 Htaaadmd Fft Nim Tbaumd lrpv Headvid 0111144 DvEm($159,SW 00)GRANT TO ALEKSA M Y. PAUY of 168 Fkl� 8tr>sk F;WVWWR tloUW, , lIaawbrN*,Witt WARRAKM CO MAMM Catbiv rest sidaaftd in Agwam Hmpdan Cou*. know vd did as lob#?(act and#3(ei as dmmm an a plan oaf ka mc:o Win I oupdeart Cry Regloy of Dook Boost of PUa OW, Page s, amid iM bring more p®doda iy bouWW aaaaci 4mwdlW i aged,ps in om pend as faBowr Soar. by Leoa d Stress;am halosd tw=W ad 30r100(120.3%feK Nay: by bt#9(sins)an said p1m tma lacm"sa moy aft sand 131100 (2mu) N t by land or O mm W*auvnk ow bm dmd tw=W aaaad 161100 # Saotb �y: by Iat#►6(six)on said plan.tare hu *W aaaad MOD)6a MwW E.Grow died on!aortas;d,2= v �aa� coul�cacyed��►does daasaad c�mbar 1�. �993� rasKaQUW inIM Si=Pdra Cw4Wy Rehr of Daeft in Book Vft PW 424. HAMPDENuCWNTYsREGISTRYiOF DEEDS Date; 02-01-2008 a 01:32o# CtIt: 731 Doct: 66€31 Fee: V27.32 Cans: #159rW0.00 .Bk 17137 Pg 300 #6601 WjIL + M my I and md sad*b Xt O day of Jimkmy.2M. - r Wibu is Rdar A.Sr+IiHa STATZ QR TOTES U Iarswary�0,2t>� On Ws W ft of Jmmy, 2W bufm n2r, t* mdeWped noWy p** ply mand RiWwd A. [doss said Rdw A. S d&Am pco"d 1u Ana dntsh Of oath vrj & wars to be the Pwmz(s)wrhm ram is sisno on tits downww.and w(w ewm or aftwd W ma that die OcaMm of tha d Ks) we trod wA ab cwm 0 the best of th* imow Wr lard Wmf �S`�tt�tt\p,tAA n�"�i afuiuurrraR I 1 to! Public �P.a May 23,2Q09 pp�pLD E. ASHE, R YG4f DEEDS IiAM4B�t;OU�pE�15� s AV D /' w 3 (� Cn d •'� a 1) Ilk 1 !e)� ,7 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 87-504 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out 1. Applicant: forms on the Leonidas Pananas computer, use Name only the tab key to move 1673 Sufffield Street your cursor- Mailing Address do not use the Agawam MA 01001 return key. Cityn-own State ?AP Code 2. Property Owner (if different): � *i same Name Mailing Address Cityrrown state 4p Code b c~- r B. Authorization The Order of Conditions(or Extension Permit) issued to the applicant or property owner listed above on: June 9, 2005 Date for work at: 916 Suffield Street 17 118 Street Address Assessor's maplPlat Number Parcel/Lot Number recorded at the Registry of Deeds for: Hampden 15113 454 County Book Page Certificate(if registered land) is hereby extended until: June 9, 2009 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended (if applicable): Amended Order issued on 1/10/08 Date Issued by: Agawam _ May 8, 2008 Conservation Commission Date wpeform7_doc•rev-311105 Page 1 of 3 Massachusetts Department of Environmental Protection DEP File Number: Li�ll Bureau of Resource Protection - Wetlands WPA Form 7 — Extension.Permit for Orders of Conditions 87-504 Massachusetts Wetlands Protection Act M_G.L. c. 131, §40 Provided by DEP B. Authorization (cont.) This.Order of Conditions Extension must be signed by a majority of the Conservation Commission and a copy sent to the applicant and the appropriate DEP Regional Office. Signatures: J %C 1 jheFd ry/A/K losl� Ma S ticheck in Jill sick r l Steven Dougras Notary Acknowledgement Commonwealth of Massachusetts County of Hampden On this 8th of May 2008 Day Month Year Before me, the undersigned Notary Public, personally appeared Hensy Kozloski Mark Soticheck Fred Har in Jill Messick Steven Name of Signer Douglas proved to me through satisfactory evidence of identification, which was/were personal knowledge Description of evidence of identification - - to be the person whose name is signed on the preceding or attached document, and acknowledged to me That he/she signed it voluntarily for its stated purpose. As member of Agawam Conservation Commission City/Town Signature of Notary Public Pamela R. Edmunds Printed Name of Notary Public Place notary seal and/or any stamp above June 4, 2010 My Commission Expires(Date) wpafarm7.doc-rev.af1f05 Page 2 of 3 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 87-504 J Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, it shall be noted in the Registry's Granter Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certfficate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Pomp 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: Agawam Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: 916 Suffield Street 87-504 Project Location DEP File Number has been recorded at the Registry of Deeds of: Hampden County for: Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpeform7,dac•rev 311/Q5 Page 3 of 3 TOWN OF AGAWAM 36 MAIN STREET AGAWAM,, NIA 01001 N ITS Ili f DECISION OF BOARD OF APPEALS c� ti ATfn MP't Petition of: Leonidas Pananas I Premises affected: 916 Suffield Strcct Date: February 11,2008 J Case#: 1809 I Notice is hereby given that after a public hearing and meeting held on February 11, 2008 at the Agawam Public Library Conference Room, 750 Cooper Street, Agawam, MA, the special permit granting authority acted on the application of Mr. Leonidas Pananas of 1673 Suffield Street Agawam,MA for a special permit to amend the original plan for parking,Case# 1739,located at Pananas Restaurant,916 { Suffield Street to include the new plan and will comply with all sections of 180-11 of the Zoning Act. { The additional conditions are I 1. To erect a shrubbery fence along Suffield Street to block the maneuvering of parking cars. 2. Based on the recommendation of the Safety officer, the dumpster service is not to be used from 7:45 AM--8:15 AM to avoid traffic problems. J 3. This Special Permit shall expire two (2)years from the date this decision is stamped at the J Clerk's office. I Therefore,by a unanimous vote of its three members, the Agawam Zoning Board of Appeals grants this Special Permit subject to the above following conditions PIZ d Joseph Conte 31 lo10 ary Suffriti L Hoague JJ IV 14pr4 J �, � d n!i,p 9 S TOWN OF AGAWAM CONSERVATION COMMISSION 36 MAIN ST.,AGWAM, MA 01001 78&0400, ext. 245 c N Cn— -- co December 31, 2007 r Leonidas Pananas 1673 Suffield Street Agawam, MA 01001 Dear Mr. Pananas: At its meeting held on December 27, 2007, the Agawam Conservation Commission discussed your request (submitted by Reinhardt Associates) to amend your existing Order of Conditions for work at 916 Suffield Street. Based upon the information provided and research of your existing Order, the Commission voted that a new Notice of Intent will not be required. A public hearing has been scheduled for Thursday, January 10, 2008 regarding Amending your Order of Conditions. Your representative must notify abutters of this hearing. If you have any Questions, please contact this office at 786-0400, extension 245. Sincerely, J Henry A. Kozloski, Chairman AGAWAM CONSERVATION COMMISSION HAK:pre cc: Reinhardt Associates Engineering Dept. DEP Town Clerk File 87-504 N�,Uf�S �-STgu fzA� LlMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - order of Conditions 87-504 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Genera{ Information Important: co 11 When filling From: (7) out forms on Agawam �. the computer, Conservation Commission .,� D use only the tab key to This issuance if for(check one): 3 move your cursor-do ❑ Order of Conditions ' cs; not use the w return key. ® Amended Order of Conditions To: Applicant: Property Owner(if different from applicant): Leonidas Pananas same Name Name 1673 Suffield Street _ Mailing Address Mailing Address Agawam MA 01001 City/Town State Zip Code City/Town State Zip Code 1. Project Location: 916 Suffield Street Agawam Street Address CityfTown 17 1/$ Assessors Map/Plat Number ParcetlLot Number 2. Property recorded at the Registry of Deeds for: Hampden 13482 63 County Book Page Certificate(if registered land) 3. Dates: 12-6 07 1-10-08 1-10-08 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents(attach additional plan references as needed): Pananas' Restaurant, 916 Suffield Street, Agawam, MA, Site Plan 8/14106, rev: Title 10-6-06 Pananas' Restaurant, 916 Suffield_Street, Agawam, MA, Landscaping Plan 9/24/07 Title — _ - Date Off-Site Riverfront Area Restoration Plan, Preliminary Grading Plan, Pynchon Point April 2001, Sidewalk Plan revised 4129/04 5. Final Plans and Documents Signed and Stamped by: Richard Misiaszek Name 6. Total Fee: nla (from Appendix B:Wetland Fee Transmittal Form) Wpafurm5.doc•rev.1205100 Page 1 cf 7 y / Massachusetts Department of Environmental Protection DEP Fife Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions . 87-504 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §44 Provided by DEP B. Findings _ Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat ❑ Groundwater Supply ® Storm Damage Prevention ❑ Flood Control Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control_ Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides.sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. W paform5.doc•rev.12115M Page 2 of 7 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands Lill WPA Form .5 - Order of Conditions 87-504 Provided by DEP Massachusetts Wetlands Protection Act WG.I_. c. 131, §40 B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, ``Massachusetts Department of Environmental Protection" (or, "MA DEP"} "File Number 87-0504 " 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.12115100 Page 3 of 7 \ Massachusetts Department of Environmental Protection DEP Fife Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions P-504vided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131,.§40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. SEE ATTACHED CONDITIONS Findings as to municipal bylaw or ordinance Furthermore, the hereby finds(check one that applies). Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore,work on this project may not go forward untess 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. Wpaiorm5.doc•rev.12M 5100 Page 4 of 7 TOWN OF AGAWAM, MASSACHUSETTS CONSERVATION COMMISSION AMENDED ORDER OF CONDITIONS 916 Suffield Street- Pananas 87-504 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 he maintained throughout the entire construction phase and until the site has become stabilized with permanent vegetative cover. 23. The Commission shall be notified at least seventy-two hours prior to the start of construction and after erosion control measures are in place to enable the Commission to ensure compliance with these Orders. 24. The erosion and sedimentation barrier shall serve as the alteration limit line. Said barrier shall fully protect the adjacent wetland/resource area, and no work shall be permitted beyond this limit line. No machinery shall be operated beyond this limit line. 25. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other pollutant into any area of statutory interest. 26. At no time shall any construction materials, soils, fills, sediments, dredging or any other substances be stockpiled or stored in any area of statutory interest. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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." 34. 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. 35. 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. 36. 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. 37. 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 Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions Provided byDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cunt.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance, ORIGINAL ORDER OF CONDITIONS DATED -June 9 , 2005 Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail(return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office(see Appendix A) and the property owner(if different fromapplicant). Signatures: Fred Iyarp ' Mark Ji1lessick Steven Dougl On loth Of January, 2008 Day Month and Year before me personally appeared Fred Harpin, Mark Soticheck, Jill Messick, Steven Douglas to me kno be per n described in d who executed the foregoing instrument and acknowl dg at Is cut th a 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 January 11 , 2008 Date Date Wpaform5.doc•rev.12/15100 Page 5 of 7 h Massachusetts Department of Environmental Protection DEP File Number: -- Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-504 ` 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 M which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L.c. 131,§40) and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Agawam _ Conservation Commission Wpaform5 doc•rev.12115/00 Page 6 of 7 r Massachusetts Department of Environmental Protection DEP File Number: ��— Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-504 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -------------------------------------------------------------------------------------------------------------------- To: Agawam Conservation Commission Please be advised that the Order of Conditions for the Project at: 916 Suffield Street 87-0504 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampden County T F 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.dec•rev.12115/00 Page 7 of 7 `own of Agawam 1% g 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413 786-0400 Fax 413-786-9927 r' n October 22, 2007 Leonidas Pananas &N, 1673 Suffield Street cia Agawam, MA 01001 Dear Mr. Pananas: At its duly called meeting held on October 18, 2007, the Agawam Planning Board voted to approve the Site Plan entitled: "Pananas' Restaurant, 916 Suffield Street, Agawam, MA" prepared by Reinhardt Associates and dated August 14, 2007, revised September 24, 2007. If you have any questions,please contact the Agawam Planning Office at 786-0400, extension 283. Sincerely, Travis Ward, Acting Chairman Agawam Planning Board cc: ClM/ Reinhardt Associates Building Engineering File = 2 . 'TOWN EA[pW .786 9Z720`� P.02 MV Ah 40a- 12)a TOWN OFAGAWAM 4 30 MAIN STREET Case#: l�Q AGAWAM, MA 01001 '. filed: BOARD OF APPEALS ; Hearing: Expires: <<; " -_4Appiication to Board of Appeals for SPECIAL E M#T as provided in the Zoning and . y, ;, ;acdher B]►-taiws. Applicant L ieof1 TVA?, i�,.�Ar.►A►� + yAddrm S-rmF-� - l e..4udAr-r MA, a -Application is hereby nude for a A , CI'E IAL PERMIT as provided by Section -Panlgratph ;, (2} _of the Byaaw. Premises affected are situated an Street; Soo feet distant from the comer of Stalest and known as street number Property is zoned as I D�srrz ti�L Reason(s)for request of Special Permit. a Request the following changestimprovements to a previously approved Special Permit n (Cast#1739) 1. Revise parking layout to improve vehicular circulation, decrease total parking t.0 or- spaces to recommended quantity and decrease overall Impervious area. 3�" 2. Construct new concrete or similar surface outdoor dining patio on west end of 3 building including decorative fencing and landscaping. 3. Provide decorative water fountain feature with terrace, bench seating and w landscaping. r 4. Provide wooden prefabricated gazebo and landscaping. 5. Reuse and improve overall exterior lighting including fixture type, cut-offs and building mounting lighting. 6. Connect existing exterior building downspout to underground storm water system preventing waterflow and icing of parking lot. Signature of owner or his authorized agent Telephone#:_ tom o6 9 NOTICE. THIS APPUCA17ON MUST BE BILLED OUT IN INK OR TYPEWRITTEN TOTAL P.02 Y s - Bk 14486 Pg 358 #84192 FMBIT A Certain real estate situated in Agawam,Hampden County,Massacheesuts,on the westeriy side of Suffidld Street,being more parbmlady bounded and desexebed as fialtowS: Bcoming at an Um pm:m the westerly side of Suffield Street;said pin being located on £' the sa ofialy bank of Sib=Brook,and rig ffiencae saudwdy akag said Suffield Sued,fear hundred twenty gnd 971100(420.97)feet to an iron pin at the fly comer of Iand now or formed of one Ma thence an interior of 113*42' and runomg We y slang]t-n med Ind fiw hundred eigWy- igbt and 27/100 (48&Z7)feet to an aoa gin at the southcastedy comer of land now or formerly of George - and Mary J.Cmuss,thence turning an interior angle of 86007' and rmimng Northerly An last d i�d two eighty-five(285)feel tnome or less to the southerly bask of said Silver Brook,thence nummg Easterly along the southerly bank of said brook six hun&ed forty-one(641)feet more or less to the irrm pin at the point of beguming. Being the same pww=conveyed to the Grantor he win by deed of Asselin&Vieceh ParIZIership,LLC and Heritage Vcuhues,LLC dated Scptembar 8,2004 and recorded m The Hampden C my Deeds in Book 14472,Page 3n c� ra w :Z add 61 130 LO -ssvw WVMd07 2394"] .r i VIDEO A TRI3 of DEEDS. AND IT iS Sp GE SIk,gip �� BOOK SAGE ATTEST. REGISTER k. d k �i } fA LlmaiV/A L/GHT/NGa CateErrg Nodther low r Notes TYP FEATURES & SPECIFICATIONS 11rn¢rleEDusE !deal for parting areas,street lighting,"kweys and car lots- • C01rL41mIC1111N r Rugged,die-cast,soft comer alumiman hnuwg w*C.Ir romme)wall thickness.Uie•cast door Soft Square Cutoff Ughting frame has impact-resistants, tampered,glass lens that is fully gasketed wiiti one-piece tubular tand FIIMSH S Standarr d finish is dark bronrB(tDB)polyester powder finish,with other architectural colors KAD s_ available. ''oPTICALSYSfEIIt Anodized,alioninran hydrofermed reflectors;IES full cutoff distributions R2lasymmetric).R3 lesynanatrinl,R4 tforward thrarwl and R5S laquarel are interchangeable.High-performance r• z anodized,segnterdad aluminum reflectors IES fag cutoff distributions SR2 Jasymmetric1,SR3 METAL HALIDE j` lasymmetric)and SR4SC(forward throw,sharp ctrtflffl-Segmented reflectors attach with 70W 400W InwMass fasteners and are rutatabte and i+rterchargeabla. ��, HIGH PRESSURE SODIUM .-Ballast High reactance,high power factor for 70-150W.Constant wattage eutotransformer 70W 404W for 175./ .Maul halide IWW and below are standard with pulse-stertigrtiW 0g'tV rtechnology; Spseificariorrs 20 to 35' Mounting super CWA pulae•atart ballast required for 200W,32QYy and 35i]W iSCWA option].Ballast is ;- copper-wound and 100%factory-msted. EPA:1.2 ft1 T Socket Porcelain,horizontally oriented medium base socket for 70-IMW and mogul base "Weight:35.9Ihs 116.28 kg 7_1�8• socketfer 17SW and above,with copper alloy,nickel-plated screw shell and center comact UL hated 1SON,6MV. Length: 17.IIT(4E.5 cml 118.1 cml Sys Width:17-1l2'144.5 cm) —L UL Ustad istandardl.CSA Certified(sea Options). UL listed for 25'C ambient and wet Depth:7-lAr II&I cml I—•-4- 17.112-� Eocet ons.1P65 naiad in secardance wick standard iEC S29. 'Weight as cOnfigurad In (10,2 cm) A4.5 cm) Specifications subject to things without rayi:E. example below. ORDERING INFORMATION For shortest lead times, configure product using standard options (shown in hold). Example:KAD 400M R3 TB SPD04 LPI KAD Series Wattage Voltage Mounting Ballast Options Lamp'a KAD Metal High 120 Ty" Length" lhlank) Magnetic Ship installed in fliqure LPI Lamp halide urassure 208' SPOT Square 04 4' arm ballast SF Single fuse 120,277,3470 included sus Sudiu2 oe f 6'arm CWI Constant OF Double fuse 208,240,48014 1" Low loom' 70S 247 RPD_ Round wattage PD Power tray's lamp 150mi 1005 27 06% 09 9"atnr isolated PER NEMA twist-lock recep- 1e 1751N' 'SOS' 347 WBD_ Wall 12 lZarm � � tacle only 1no Finish 4807 bracket ,. ��:.s� photocontrall lblanki Dark 2DOM' 250S TBe WWD Woad (IRS Duartz restrike systemla bronze 25I9 400E TBVs PD{e or SCWA SCWA uper ORST4 ORS time delay10•16 DWH Mite 230501 Z1° wall pulse WTB Terminal wiring block" DEL Black MY' DAD12P Degree arm start HS House-side shield rMS (pole)" ballast CSA CSA Certified DM$ Medium sepa�,t Nature DADI2WB Degree arm DNA Natural Distribution (wall)12 PEt NEMA twist-lock PE(120, aluminum Hvdrofor re WBA Decorative wall 208,24OVI bracket12•'3 mxd reflectors PE3 NEMA twist-lock PE(347V) R2 IES type II asymmetrics PE4 NEMA twist-lock PE 148OV1 R3 IES type ill asymmetriee KMA Mast arm PE7 NEMA twist-lock PE i277V1 R4 [EStypetYftsrward external fitter SG Shortening cap for PER thr• KTMB Twin mounting option R5S IES type V square bar VG Vandal guard Searngrited 9 Optional five-top ballast(120,208.240, WG Wire guard SR2 IES type it asymmetries 277,480V). 10 Consult factory for available wattages. $A3 IES type III asymmetrie6 11 9-arm is required when two or more SR4SC IES type IV forward throw tuminaires are oriented on a 90° drilling pattern. AccessDYles NOTES: 12 Ships separately. 1 Not available with SCWA. 13 Available with SPD04 and SP009. Order as separate catalog number. 2 Not available with 48OV. 14 Must specify voltage.NIA with TB. Texan Mauming Slipiitbr Number or ratvras 3 Not available with TBV. 15 Only available with SR2,SR3,&SR4SC 4 Must be ordered with SCWA. optics. Tenon o.D- One Two0180" TwoQ90" ThreeQ120' ThreeCSO' Four090' 5 Reduced jacket E020 required for 15 Mes allowable wattage lamp included. 2-31r T20-190 T20-280 T20-29020 T20-32020 T20-39020 T20.49020 SR2,53i3 and 5R45C optics. 17 May be ordered as an accessory. 2-118' T25-1911 T25 280 T25 29420 T25-320 1I5 3942° T35 499m 7 MustHous spec shield available. t8 See wwal color options. halors for 4' T35-190 T35.280 T35-29020 T35-320 T35-39011 T35.490'D 7 Must specify CWI for use in Canada. additional color options. a Optional multi-tap ballast 1120,208, 19 Must be specified. KA VG Vandal guard 240,277V;in Canada-120.277,347V). 20 Must use RPD09 KADWG Wire guard Outdoor Sheet#-KAD-M-S AL-370 : A25 Luminaires SPECIFICATIONS DESCRI kON The acorn styled luminaire shall consist of a decorative luminaire base with an integral globe holder/ballast housing and an acorn shaped globe. DIMENSIONS Dimensions shall be as detailed on back page. MATERIALS The luminaire base, ballast housing and globe holder shall be heavy wall,copper free, cast aluminum produced from certified ASTM 356.1 ingot per ASTM B-179- 95A or ASTM B26-95,formed true to the pat- ' tern with complete detail. Globe material shall be clear textured acrylic(standard) with clear textured polycorbonate or white textured polycarbonate as options, This globe is also available In clear textured acrylic. Internal refractors shall be borosilicate glass and reflectors shall be poi- ;:• pined aluminum, Optional finial shall be 2' cast aluminum, metal top is spun aluminum and decorative banding is brass. All hard- ware shall be stainless steel. Alf exterior hardware shall be tamper resistant, 1 INSTALLATION The luminaire shall mount on a 3"Q,D. x 3" tenon with six 114"dia, socket set screws. (Luminaires with a B Series luminaire base shall mount on a 8.25"O.D. ring.) The globe shall be secured to the luminaire by four 114"dia. socket set screws. The ballast and socket assembly shall be furnished with a quick disconnect plug and mcunt on a removable ballast plate. The ballast plate shall be removed by loosening a thumb screw. FINISH For finish specifications and color options see"Finish"section In catalog. A25 W FpF LIGHT SOURCE Luminaires shall be furnished with on H.I.D. ballast and socket assembly. Luminaire Mall be UL listed and labeled as suitable for wet locations. Sockets shall be glazed porcelain, mogul or medium base, with c copper alloy nickel plated screw shell and center contact. Ballast shall be core ana coil, high power factor, regulating type. CERTIFICATION Upon request, manufacturer shall certify the use of 356.1 ingot alloy. Upon request, manufacturer shall supply UL filed and listing information. ANTIQUE Street_L_am _s 2011-8 W RLnd*fg Ln.•ALEt 1X78758 Ph(512)977-8444•Fox(512)977-9622 i-3 A25 Luminaires A25 B A25 X A25 E A25 K A25 A A25 R A25 D 16'w Iew 18rw few few 16'tinr few 2?h 32.s'h 33.5% 3d4711 37"h 37.3h US'h 16RW 16'w IH'W lew lew Iew Ift lew 3'rh 33.9 h 33 eh 3&5'h 3Sh Wh 31&Sh %Yh A25 P A25 W A25 C A25 M A25 L A25 N A25 S A25 AU OPTiONAL FYvai l& Mgp I --K-Optlonot retractor(GR3 or GW TOPS FAB Mi Optional Low fthtness Reflector (N) oda A3 to hqt, adds 45'to ngt- ads SFt to hgt. I W.QU or Medium Hose Sockef I I CastAkrninum Bolas#Plate (removed by loosening one thumb screw) LlJMINAlRE t-5` H.i.D.Ballast Components(Factory Newired) B" _ CostAkminixn Enclosed BabstHousrg BASES LWX L BE l Globe 0"O.D. 3.51O.D. 3.75°0.0. —(4)1 W Socket Set Screws Weep Holes Optional Photoelectric Cat BultanTYpe(PEA 11�Ir.5 E m--Cast Aknum Luminaie Base(D shown) K L A L R D Quick D6corvtectPkag 410A. 410-D. 4.510.D. t (6)1/4"Soc ket Set Screws T ' �--K--3`O.D.x3"hTenon 13 Al 13• r 8.5" B' 'Cast Akre.Lu hake ease(AU shown)—r , P L W L C M Cast AkmFrmm Door--� 4.M.D. 4.510.D. 510.D. 5'O.D. r *Optional Twilit-Lock Photocontrol(PE I) 11 01) �Ik 'OptionlTwist-Lock receptacle(PER) I 13.5" 13" WS 14.5" Safely Cable i ElwL } (1)10-24 Button Ind.Socket Cap Screw � N L At3 (door to base) —_ 510.D. 3.6"O.D, 41O.D. 410.0. Note- Hdlast housi V mt shown. 3 O.D_x r tennn►equ$E d for moundr79 (7l ahorx�7wBfiiock phat frdtd(anly u zbls wrh Rt S rn a Rll axru lore tnses.) ORDERING INFORMATION Example:A25 A 75H MED ACT GR5 120 ANSK PEBI Choose me holiacs catalog nomenckslure chat best gals your needs and write n on the mriopdate tne. Series Wafts e/Lamp F DIS bufion Finish' O funs Fu,o.ballast&sockef A2S A SOH MED so watt Mercury vapor (blank)Type V 120 ANBK Bach FPF 1`11,iol A25 AU 78H MED 75 waft Mercury vcw GR5 C ass Refrorlor type v 208 ANDB Dark Bronze FAB Flntat and a--na A25 B' 100H MOG 100 wan Mercury vapor GR3 Gloss Refmctor,Tyoe m 240 ANDG Dark Green MT Metal Too A.25 C 175H MOG 175wan metoury vartx LBRS Lau•Bright.net-.Type v 277 ANVG verse Green HS Hauso Siam jh.;?l;y A25 i1 250H MOG 250 watt Mercury vapor 347 ANPP Pone F'ar+ted PEBI Fhotoeiec-a Can nutrc,120v A25 E 50M MED So watt Meta!Hnikds Lens Material 460 CM cud=Maich PE62 Pnoraetec k C cutlrr T 6z?iv A26 K 70M MED 70 wan Metal Flaw, TB' CS r�on� PER' NEMA Tw,st--ack Rececta:le c nr9 A251. I OOM MED 1 m watt Meta Hattie ACT AaM c.Clca Toxnuod panoorm Rat od o PE I' nF1 AArwi a5ir It xtxtR y l2Cz Q2aN A26 M 150M MED 150 wart?Metal Holiaa PCT Polyaoraanate,clear Texrured PE3' NEMA Tktst-_ccx Photoccr'rol 3a7b' A25 N 175M MOG 175 watt Metnl Halide PWr PctNcarbaf,ate.White Texturec PE4 r NEMA rw-*I-'-o..K Phatoc=,N 46Dv A25 P 2SOM' MOG 250 wait Metal Halide PE7' NEMA.Twist-_cox Pt ottcOt?rat 2;'v 35S MED 35w3t1Flgh 5odum A25R SOS MED 50wattFkhResaaesodzn N07FS: SF S!ng!e!;Ls:n9 A25 S 70S MED 70watt H%p Rowe soda- For waHagm under DF Douale Fisirg A25 W l OOS MOG 100 wad sign Resq w swa rn ?0t`l o ' contact 4e rbr ah sec uty. 2-fflr rnHsh ace corer apsorrt see F,':�h sec't^,,;n cnro�a A25 X ISM MOG Iwwvrt!iyr.R-wesown 3 lwut-Logic Fhoto ccx+*ra:onto wolioue won N,It;ia AV bwas. 25W MOG M w a t Hl3"Presaae sadiun 3 Consult'actory hx woNa9es f^r a Sane.;LXvnolre Base 42TRT 42 watt comooct t!uorescen? 5.251)M&2505 not evouoa'e with kmnc tre bows X,E,K D,A and C. ,ANTIQI E Street :ram 1� Y r ,r�o x '---- f` -- �� eroaD r) OA OA + 5 a 2 A t .25 2 I f .5 5 / VOT s .26 a.� / r, ca / EA51 .5 V C� 25 .25 -.4 �- r Z;E05 05 + cn ob OA B f : / Mfi fh :e t fe, � ix 'i oW91+ �•�S `Y •1"`T '�' q --- .25/ a M Silnif y Y C u �r • yt � :v t......... - OA: ARM MOUNTW KID. METAL HALIDE 400K `1 u .... SEGAENTED TYPE IV WIDE FORWARD THROW. 1 MOUNT HEIGHT 24ET ABOVE EIN15HED GRADE, 24PT 4-INCH SQUARE STEEL POLE PHOTOMETRICS PLAN OB. P05T TOP H.I.D. METAL i IALIDE I'75W, TYPE III V15TRIBUTIOK MOUNTING HEIGHT 12ET ABOVE CJGALE: NT5 PIN5HW GRADE, I2FT ROUND 5TEEL POLE PMETRICS PLAN REMARDT ASSOCIATES , INC . PR pPANAMW Ft TAMMT AGAWAM, MASSACHUSETTS ARCMTECTS ENGINEERS PLANNERS PROJECT N0. 05-1908 430 MAIN STREET , AG,AWAM , MA . TEL : (413) 786-90DO FAX : (413) 786- IDRAWAIG NO. E.1 G:\19MVNI '$\E1 r / a � h J �g TI a Q I i �C: ='. - AWE > � •%_-`�.'„�' - ' r J• V eo+aw KARK TovN OP PbAYYPM n, _ y RISK alT!-��I26.48 LEGEND IMPERVIOU5 AREA5 ADDED W � � 3,140 50. FT. t �es.4a •zh oo•v+ r — r O � PERVIOUS AFT. t ADDEDADDE a � i bA2O SGt. FT. DM1 SW / NET So. FT. PERVIOUS ARFAS ADDEO ST. JACQUES AVENUE 1 2,2g0 50. FT. -v -v -v -v -v -v -v -v -v —V � 1 y V —, GOMPARI SON OF I MPERVI OUS MATERIALS FROM -7/05 PERMIT SITE PLAN TO 41/0—J PROPOSED SITE PLAN / a AVjA1145 o Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 s� Tel. 413-786-0400 Fax 413•-786-9927 October 13, 2006 CIO �C. Leonidas Pananas - -� a= 1673 Suffield Street w a r Agawam, MA 01001 m Dear Mr. Pananas: r rr This letter shall serve as a correction to the,my 25, 2005 letter sent to you regarding your site plan approval 'for 916 Suffield Street. The previous letter was incorrect in stating: "increase the pavement depth to 4"". It should state "increase the pavement depth to 3 inches Sincerely, Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD DBHIDSD:prk cc: Reinhardt Associates Engineering Buildi Cle File +s rrP Ilk Town of gawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 July 25, 2005 Leonidas Pananas I673 Suffield Street Agawam, MA 01001 Dear Mr. Pananas: At its duly called meeting held on July 21, 2005, the Agawam Planning Board voted to approve the Site Plan entitled: "Proposed Site Plan, 916 Suffield Street, Agawam, MA,For: Leonidas Pananas, 1673 Suffield Street, Agawam, MA"prepared by D. L. Bean, Inc. and dated May 13, 2005 and revised July 18, 2005 with the following conditions: ■ the Engineering Department comments contained in the memo dated July 21, 2005 and attached; ■ a proposed elevation of the sign; 6 cut sheets for the exterior lighting(all lighting must be shielded); ■ proposed screening around the east and a portion of the south side of the detention pond; ■ increase the pavement depth to 4", The above listed conditions must be submitted and approved by the Planning Board prior to the issuance of a Certificate of Occupancy. If you have any questions, please contact the Planning Office at 786-0400, extension 283. Sincerely, Dennis B. Hopkins, Chairman Agawam Planning Board cc: Clerk, D. L. Bean, Inc., Building, Engineering, File TowNoFAGAwAm F INTEROFFICE MEMORANDUM To: Planning Board CC: J. P. Stone,File From: Engineering Division Date: July 21, 2005 Subject: Site Plan-Pananas-916 Suffield Street- SP 463 Per your request dated June 23, 2005, we have reviewed the site plan entitled "Existing Site Conditions, 916 Suffield Street, Agawam, MA; Prepared for: Leonidas Pananas, 1673 Suffield Street, Agawam,MA; Date: Rev.: May 13, 05; revised July 21, 2005, Scale: 1"=30'; Prepared by: D.L.Bean, Inc., 40 School Street, Westfield, Massachusetts", and note the following: The previous comments have been addressed via FAX by D.L. Bean Inc. A final plan reflecting those changes should be submitted to Engineering. If you have questions, please do not hesitate to contact our division. Sinc ely, r e g a J. Ho an,P awn gineer R RECEIPT . Print2d:99-38-2aB5 @ ]]:34:26 HAMPDEN COUNTY REGISTRY OF DEEDS DONALD F. ASHE, REGISTER Trans#: 221132 OPer:KELLY r Book: 15371 Page:-368 Inst#: 84982-- WO. 522 Ree:9-38-2885 8 11:33:51a AGA 916 SUFFIELD ST DOC DESCRIPTION TRANS AMT • SPECIAL PERMIT -^- ------_Y 529.9% surcharge 26.9a 5.8a Surcharge 5.38 58.09 rec fee 56.98 Total fees: ---75.98 Total Charges: 75.98 CASH PMT PAYMENT -CASH 108.98 sen Over a t asount: 25.88 REF CASH REFUND -CASH 25.88 PA)V,4 P-4 /, (JP i 6,ow 5 D. L. BEAN, INC. LAND CONSULTANTS 413-562-7566 Forty School Street Fax # 413-562-2091 SURVEYORS Westfield, Mass. 01085 ENGINEERS June 22, 2005 Board of Appeals Town of Agawam 36 Main Street Agawam, MA 01001 RE: Proposed Special Permit and Site Plan 916 Suffield Street Dear Board Members: On behalf of our client Leonidas Pananas,we are submitting the following information for your review. 1. Special Permit Application and$250.00 Filing Fee. 2. Site Plan Application. 3. Certified Abutters List (4 pages). 4. Deed to the Property. 5. Letter From Town Engineer approving Storm Drainage. 6. Excerpt From Order of Conditions (Page #1). 7. Existing&Proposed Site flans (16 sets). We will be pleased to present this proposal to the Board at your earliest convenience. If there are any immediate questions or concerns,please contact us. Thank you. Sincerely, D. L. Bean, In David L. Bean, President Enclosures as noted DLB/ssc TOWN OFAGAWAM \ t4 36 MAIN STREET AGAWAM, MA 01001, � , 3 ,. r�, y� ^ DECISION OF BOARD OF APPEALS EO MPS~ Petition of. Leonidas Pananas Premises affected: 916 Suffield Street Date: August 8, 2005 Case#: 1739 The Agawam Board of Appeals conducted a public hearing and meeting on August 8, 2005,at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Leonidas Pananas,who is seeking a Special Permit in accordance with Sections 180-7, Paragraph B2 of the Zoning Ordinances, which allow for the construction of additions to a non-conforming structure to accommodate a restaurant/banquet facility at the premises identified as 916 Suffield Street. After the public hearing, and after a thorough review of the facts presented, the Agawam Board of Appeals made the following findings: 1. The subject property is located in an area of Town zoned Industrial B. 2. The petitioner wishes to alter the use of the existing building from a machine shop to a restaurant/banquet facility. 3. The petitioner also wishes to construct two new additions to the existing building. 4. The petitioner has received approval from both the Planning Board and the Conservation Commission, 5. There was no apposition expressed at the public hearing nor received in writing by this Board. 6. Section 180-64 (A) of the Agawam Zoning Ordinances states: "side yards shall be a minimum of twenty-five (25') feet". 7. The side yard of the existing building in the southerly area of the property has a minimum side yard of twenty-two feet, six inches (22.6'). 8. Section 180-7, Paragraph(B2) states that a building, structure or land being put to a non- conforming use may be"altered or enlarged in that use,but only after the granting of a Special Permit by the Board of Appeals." 9. The Board has found that the proposed additions will not be substantially more detrimental to the neighborhood than is the existing non-conforming structure. 10. The Board has found that the site is an appropriate location for such a use. 11. The Board has found that there will be no nuisance or potential hazard to vehicle or pedestrian safety. 12. The Board has found that there will be adequate and appropriate facilities and controls providing for the proper and safe operation of the proposed use. s Page 2 Leonidas Pananas Case #1739 Based on its finding, the Board is of the opinion that the requested relief is within the authority of the Board of Appeals to grant a Special Permit as stated under Section 170-7, Paragraph B2 of the Zoning Ordinances. Therefore, by a unanimous vote of its three members, the Agawam Board of Appeals grants the Special Permit subject to the following conditions: 1. The proposed additions and plan shall be constructed according to the plan entitled "Proposed Site Plan, 916 Suffield Street, Agawam", revision date July 21, 2005, by Leroy Clink, Professional Engineering of D.L. Bean Inc. 2. This Special Permit is granted for relief from the existing side yard violation. The proposed additions shall meet all other zoning and building requirements. 3. The petitioner shall record with the Hampden Country Registry of Deeds a"Notice of Special Permit" form, which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. 4. This Special Permit shall become null and void if construction does not commence within two (2)years from the date of this decision. Doreen Prouty j f Fred arpi �` t J eph orate 1316`� ix/v/#// Pz BOARD OF APPEALS PUBLIC MEETING August 8, 2005 The following members attended the public meeting:' Doreen Prouty, Chairperson - Fred Harpin,Vice Chairperson Joseph Conte, Clerk Betty Manchino, Secretary 1. Springfield Water& Sewer Commission#1738 co The Agawam Zoning Board of Appeals held a public hearing on August 8, 2005,at 6:30 P.M.,at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of the Springfield Water & Sewer Commission,which is seeking a Special Permit in accordance with Section 180-55, Paragraphs B(12) and B(22) and Section 180-71 of the Zoning Ordinances,which would allow,for the construction of an enclosed compost loading building at the premises identified as 190 M Street, commonly known as "Bondi's Island Wastewater Treatment Facility". Chairperson Prouty read the legal notice and explained the procedure to be followed. She then introduced the sitting members on this case: Doreen Prouty, Fred Harpin, and Joseph Conte. Representing the petitioner was James Laurila of the consulting firm, Dufresne-Henry. Also in attendance was Jonathan Murray of Waste Management and Dan Veleta of Dufresne-Henry. Mr. Laurilla explained the design for a loading building they wish to construct for loading the compost from the treatment facility. This would alleviate odor, as trucks would be loaded inside this enclosure. This would be a long narrow building that the trucks would back into and be loaded. This enclosure would provide treatment for the air during the loading process. The main purpose for this prefabricated building is for odor control. Chairperson Prouty questioned who would own this building. Mr. Laurila explained that Springfield owns the land and Resource Composting is a private company that leases the land. Waste Management Company is the parent company of Resource Composting who will be the lessee of this buildfAg. Mr.YConte questioned if they had received approval from the Conservation Commission. Mr. Laurila said Conservation approved their plan a couple of months ago. Chairperson Prouty said the Board had not received a copy of the documents submitted to the Conservation Commission and their actual decision. Mr. Conte questioned if the petitioners had submitted actual construction plans. The petitioners advised they had not. ti Chairperson Prouty advised the petitioners that the Board needs: 1. Copy of RDA 2. Conservation Determination 3. Building construction plan. 4. Written explanation of what is taking place before acceptance can be made by the Board. Mr. Conte wishes to tour the site. He will contact Mr. Murray to arrange a meeting. A motion was made by Chairperson Prouty and seconded by member Harpin to continue the public hearing to September 12, 2005 at 7:00 P.M. All were in favor, none opposed. Chairperson Prouty made a motion and it was seconded by member Harpin to close the public hearing at 6:55 P.M. All were in favor,none opposed. Page 2 i _ August 8, 2005 v 2. Leonidas Pananas Case#1739 1 i: 2 9 The Agawam Zoning Board of Appeals held a public hearing on August 8, 2005, at 7:00 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Leonidas Pananas who is seeking a Special Permit in accordance with Section 180-7, Paragraph B2, which would allow for the construction for additions to a non-conforming structure to accommodate a restaurantlbanquet facility at the premises identified as 915 Suffield Street. Chairperson Prouty read the legal notice and explained the procedure to be followed. She then introduced the sitting members on this case: Doreen Prouty, Fred Harpin, and Joseph Conte. Mr. Mason Maronn of D.L. Bean, represented the petitioner. He explained that the petitioner wanted to make alterations to a preexisting,nonconforming building. This building is to close to the property line on St. Jacques Avenue, which makes it nonconforming. The side yard is 22.6 feet and it should be 25 feet. Mr. Maronn stated that two (2) additions will be made to this preexisting structure but the petitioner has not taken out permits for these alterations yet. This building will be an asset to the Town because they are redeveloping an existing building, Mr. Maronn stated. Chairperson Prouty read the memo from the Planning Board accepting the site plan. Chairperson Prouty made a motion and it was seconded by member Conte to close the hearing at 7:25 P.M_ and go immediately into a public meeting. Chairperson Prouty stated everything was in order and called for a vote in favor of granting this Special Permit, the result of which is as follows: Doreen Prouty, Chairperson yea Fred Harpin,Vice Chairperson yea Jose h Conte,CIerk yea Acting Chairperson VV ;in explained the 20 day appeal process. The Chairperson made a motion and it was seconded by member Harpin to close the meeting at 7:30 P.M. All were in favor, none opposed. 3. Discussion of Michael's Restaurant. A violation letter, dated July 14, 2005, was sent to the Board advising of parking in front of the building. The representative for Michael's, Attorney Carouso and Melissa B'Shara were present. Attorney Carouso stated they were unaware of the parking restriction, that was a part of a 1982 Special Permit. He advised the Board that his client has put up barriers to conform with this restriction. Attorney Carouso asked if his client might apply for parking permit as it would allow 8 more parking spaces. The Board advised him his client would have to have another public hearing and might be subject to neighbors complaints. Attorney Carouso advised the Board the area is blocked off and they would not use the area unless they come back for a Special Permit. 4. Chairperson Prouty made a motion and it was seconded by member Conte to accept the minutes of April 25, 2005 with a minor amendment. All were in favor, none opposed. A motion was made by Chairperson Prouty and seconded by member Conte to approve the minutes of May 17, 2005 and June 27, 2005. All were in favor, none opposed. Page 3 August S, 2005 5. Member Conte suggested that the Board's Rules and Regulations be discussed at the September 12, meeting. Chairperson Prouty agreed. 6. Chairperson Prouty asked if there was any other business to come before the Board. There was none_ Chairperson Prouty made a motion and it was seconded by member Conte to close the meeting. All were in favor, none opposed. The meeting was closed at 9.00 P.M. cQ p s Tows. of Agawam' 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 July 25, 2005 Leonidas Pananas 1673 Suffield Street Agawam, MA 01001 Dear Mr. Pananas: At its duly called meeting held on July 21, 2005, the Agawam Planning Board voted to approve the Site Plan entitled: "Proposed Site Plan, 916 Suffield Street,Agawam, MA, For: Leonidas Pananas, 1673 Suffield Street,Agawam, MA"prepared by D. L. Bean, Inc. and dated May 13, 2005 and revised July 18, 2005 with the following conditions: ■ the Engineering Department comments contained in the memo dated July 21, 2005 and attached; ■ a proposed elevation of the sign; ■ cut sheets for the exterior lighting (all lighting must be shielded); ■ proposed screening around the east and a portion of the south side of the detention pond; ■ increase the pavement depth to 4". The above listed conditions must be submitted and approved by the Planning Board prior to the issuance of a Certificate of Occupancy. If you have any questions,please contact the Planning Office at 786-0400, extension 283. Sincerely, Dennis B. Hopkins, Chairman Agawam Planning Board cc: Clerk, D. L. Bean, Inc., Building, Engineering, File. + . r To TAN OF A GA wAm it, 41 INTEROFFICE �i�4Tf�MPS MEMORANDUM To: Planning Board CC: J. P. Stone, File From: Engineering Division Date: July 21,2005 Subject: Site Plan-Pananas-916 Suffield Street - SP 463 Per your request dated June 23, 2005, we have reviewed the site plan entitled "Existing Site Conditions, 916 Suffield Street, Agawam, MA; Prepared for: Leonidas Pananas, 1673 Suffield Street, Agawam,MA;Date:Rev.:May 13, 05;revised July 21, 2005, Scale: 1"=30;Prepared by: D.L.Bean,Inc., 40 School Street, Westfield, Massachusetts".. and note the following: The previous comments have been addressed via FAX by D.L. Bean Inc. A final plan reflecting those changes should be submitted to Engineering. If you have questions,please do not hesitate to contact our division. Sin ly, Borg a J. Ho an,P own gineer i Q F N (� 1-1 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions 87-504 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 cursor-do Order of Conditions not use the CD return key. El Amended Order of Conditions I'n, To: Applicant: Property Owner (if different from applicant): Leonidas Pananas Asselin & Vieceli Partnership LLC _ Name 1673 Suffield Street 27 Rochelle Strreet Mailing Address Mailing Address Agawam, MA 01001 West Springfield MA 01089 City/Town State Zip Code City/Town State Zip Code 1. Project Location: 916 Suffield Street Agawam Street Address City/Town 17 _ _ _ parcel _ Assessors Map/Plat Number Parcel/Lot Number TM� 2. Property recorded at the Registry of Deeds for: Hampden 13482 _ 63 _ County Book Page Certificate(if registered land) 3. Dates: 4130104 4M 4105 619105 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): see attached list Title Date Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Name 6. Total Fee: $787.50 (from Appendix B:Wedand Fee Transmittal Form) Wparorm&doc•rev.1211 WO Page 1 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions $'-504 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Prodded by CEP B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Fallowing 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.12/15/DD Page 2 of 7 ` Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 -- order of Conditions 87-504 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 87-504 " 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.101=0 Page 3of 7 Massachusetts Department of Environmental Protection DEP File Number: — Bureau of Resource Protection - Wetlands WPA Form 3 - Order of Conditions 87-584 IL 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. Alf sedimentation barriers steal! 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. ED 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_ Wpafom5.doc•rev.12/15/00 Page 4 of 7 TOWN OF AGAWAM, MASSACHUSETTS CONSERVATION COMMISSION ORDER OF CONDITIONS 916 Suffield Street- Pananas - 87-504 18. This Order supersedes all previous Orders of Conditions issued for this work. 19. The Order of Conditions applies only to the work permitted by this Order. Any other work to be done within the area of statutory interests of Wetlands Protection shall require the filing of a new Notice of Intent or Request for Determination. 20. During the construction phase, the applicant shall be responsible for maintaining a copy of these Orders at the site. The applicant shall be responsible for compliance with the conditions of these Orders. 21. In advance of any work on this project,the applicant shall contact the Conservation Commission and arrange a conference between the Commission, contractor, designer/engineer, and applicant. The purpose of this conference is to insure that all of the Orders are understood. This conference shall take place at a regularly scheduled Commission meeting. 22. Prior to the start of construction, adequate erosion and sedimentation control measures shall be implemented, and shall be maintained throughout the entire construction phase and until the site has become stabilized with permanent vegetative cover. 23. The Commission shall be notified at least seventy-two hours prior to the start of construction and after erosion control measures are in place to enable the Commission to ensure compliance with these Orders. 24. The erosion and sedimentation barrier shall serve as the alteration limit line. Said barrier shall fully protect the adjacent wetland/resource area, and no work shall be permitted beyond this limit line. No machinery shall be operated beyond this limit line. 25. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other pollutant into any area of statutory interest. 26. At no time shall any construction materials, soils, fills, sediments,dredging or any other substances be stockpiled or stored in any area of statutory interest. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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." 34. 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. 35. 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. 36. 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. 37. The petitioner shall have recorded in the Hampden County Registry of Deeds an "Order of Conditions Form" provided by this Commission. The Commission will not allow work to begin until proof of recording is provided the Conservation Commission. DEP File Number: Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - order of Conditions Provided byDEP Massachusetts Wetlands Protection Act M.G.L. c• 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. June 9 , 2005 Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A) and the property-owner(if different from applicant). Signatures Hen A. oski tic e i F� H 7rja M gher �- her Becker Steven Do as On 9th Of June , 2005 Day Month and Year � o N before me personally appeared the above—named members ( thru. MA drivers Licenses ) m — — - -- c) V C o 0 �rn 0) to me kn n b e pe on described in nd who executed the foregoing instrument and n •= ackno ed d a he the a as hislher free act and deed. =5LU G X Y iinA 4Y 2n I n LU m Notary Public My Commission Expires �. o This Order is issued to the applicant as follows: a E 0 0 % ❑ by hand delivery on ® by certified mail, return receipt requested,on a Jurie 20 , 2005 .Date Date WPA forth 5 Page 5 of 7 Rev 02MO Massachusetts Department of Environmental Protection DEP FiteNumber: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-504 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. 916 Suffield Street 87-504 Project Location DEP File Number Has been recorded at the Registry of Deeds of. Hampden County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date - If recorded land, the instrument number identifying this transaction is: Instrument Number _ If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Wpaforrn5-doc•rev.12116100 Page 7 of 7 ...,,,,,�w.,�a, . ._...—.--t....m,�.,e—e.m—m.e..ra. a„a....w,...,.zxle..x:e.a�emnazrr.s.'.teec.sm..�tv'K`-PEu'.s3ya31♦_'F.¢..Sa'..cL:.ScA c rr..xrMv"Wn w9 r v .. ,. ,.. _ - S Off—site Riverfront Area Restoration Plan EXHIBIT 9 ---- Mitigation Area = 102,300 s.f. -- - Total Site Is Within The Riverfront Area 'COVE, g _ S Mitigation will include, �' i+ }/ j - removal of domestic and construction debris 4 2 /A C - removal of invasive plant ! Erosion/Sediment Contra! Barrier species (Bittersweet and s "•,26ao' _ j`�4i Muftiflora Rose) �Ns , ; % a 1 © - removal of spoil berm area ' , z to original grade regrading of upper portion of access path side slope (above elev. 59') to lessen 5 �.�•,6��. , -A steepness and facilitate stabilization " Spoil berm" Area minor grading of upper portion of access path for handicap access z s N a Access Path - seeding bare soil areas a \ ti with conservationlwildlife N� } t r" f s� '1 seed mix to provide food, cover and biodiversity for wildlife. Seeding path with /j modified NRCS permanent grass seed mix#6 �A s - stake all disturbed slope N s7-30'3,' W 30 4' . areas (including access W 172.07' �• .7 path) with long term s ��• y MASS. STATE _-LAYOUT � 1' 'MEADOW STREET"-. erosion control blankets i9 i `�� , (Bon Terra C2, North American Green C125, s. \ i or equal) NOTES: 1. ALL TOPOGRAPHY, EASEMENTS, PROPERTY - line access path drainage LINES, PARKING LOT AND SIDEWALK ARE APPROXIMATE. 1 ditcthes with minimum THIS PLAN 1S INTENDED FOR PRELIMINARY DESIGN ONLY. NOT TO BE USED FOR CONSTRUCTION PURPI1SES. 20 lb. rip-rap 2. 500 YEAR FLOOD PLAIN r 62.5 FT ELEVATION 3. 100 YEAR FLOOD PLAIN 59.0 FT ELEVATION 4. 50 YEAR FLOOD PLAIN 57 FT ELEVATION h}e 5. 10 YEAR FLOOD PLAIN F 54 FT ELEVATION PRELIMINARY GRADING PLAN 6.NVIG:TIMs Plan Has Been Ra cad FLoaD LEVEL 4/26J01 51 FT ELEVATION SC L�O POINT SIDEWALK PLAN - PWRIL 02 TOWN OF AGAWAM - CONSERVATION COMMISSION Town of Agawam of 36 AL4W STREET AGA WAM, CIA 0I001 BOARD OF _"eus ,a Case Fred Hearin4 t Application to Board of Appeals for SPECIAL PERh471 as provided in the Zoning aid other Br aws_ Applicant Leonidas panauas Address 1673 Suffield street - Agawam, MA w R - - .4opca Lion isieseb sr made fosPEL4 . PE17 'asrrovxded bV. Section 180-7 paragraph B.(2) of the .By aw. Premises afferteA axe situated on Suffield Street; _ 8QO feet distant from the corner of silver Street and lmovm as street nu=ber 916 Property is zoned. as - rgdustrial B This proposal is to convert an existing building, which is presently being utilized as a machine shop, into a restaurant/banquet hall. Two small additions will be added to the existing building, and the parking lot will be expanded as additional parking will be necessary. �CJ7 zg "n rare of owner or his orized agent NOTICE: THIS APPLrCAT74N M U5T BE F7L r ED O2,c-OR�7 Y H"r r TF.IY AGAWAM PLANNING BOARD FORM D Application for Site Plan Approval Please complete the following form and return it and 10 copies of the Site Plan to: Agawam planning Board office of Planning and Community Development 36 Main Street Agawam, MA 01001 1. Name of Business Address 916 Suffield Street 2. Name of Applicant/Owner Leonidas Pananas Address 1673 Suffield Street, Agawam, KA 01001 Telephone 786-3050 3. Name of Engineer/Architect D.L. Bean, Inc. Address 40 School Street - Westfield Telephone 413-562-7566 4. Please give a brief description of the proposed project: This proposal is to convert an existing building, which is presently being utilized as a machine shop, into a restaurant/banquet hall. TWO small additions will be added to the existing building, and the parking lot will be expanded as additional parking will be necessary. Rev. 2/14/94 =' Town of Agawam H Assessor's Office D Ay 36 Main Street, Agawam, Massachusetts 01001-1837 Tel. 413 -786-0400 x 258 Fax 413-786-9927 Email: assessor@agawam-ma.us June 21, 2005 Terry Scanlon D.L. Bean, Inc. 40 School St. Westfield, MA 01085 Dear Mr. Scanlon: RE:Abutters list for 916 Suffield St. Agawam, MA(I7 1 8) 'y The attached abutters list for the above-named property has been certified with 20 abutters. If you have any questions, please call. Sincerely yours, Linda M. Morneau, MAA Assessor Wage 1 Of_�� ?,qTo, wq, of Agawam 36 Mai , treet Agawam, ac6uset&01001-1837 TeL 413-786-040+0 Fax413-786-9921 . DATE: June 17, 2005 CER EFICATION OF ABUTTERS LIST PROPERTY LOCATIO\t: 916 Suffield Street MAP �E �17 BLOCK-0 I LOT# 8 CONTACT PERSON NAME: _ Terry Scanlon CONTACT PERSON-ADDRESS _D,L. Bean, Inc. - 40 School,$tr-eet.-Westfield, ri�01.089. CON•L ACT PERSON- PHONE NUMBER_ 502-7566L ABUTTERS t-Tame: Southgate Properties, LLC ---- - -- Mav#- 18 BIock# i IAAX _ Address of property: Suffield Street Address of Owner: c/o Mark R. Drymore, Esquire, 1350 Main Six—eet. jVr 01103 ti3�e: William & Andrea Moccio h IS $IOC " 1 L04 1iv Ad&ess of Property: 339 Silver Street Add eas ofOV�mer. 93 Northwood Street, Feeding Rills, MA 01030 Pa'e ?. of�4 ABDTITY.S Name : William & Andrea Moccio Maps _ Blocb'gr Address ofpropertg : Silver street Address bfQpnff; 93 NorthW66d• Street, FeedLTkg Hills, MA 01030 Name: Robart R. & Judith D. selin NjWff 17 Blockg 1 LAt7 3 ✓ Addrms of property : 952 Suffield Street A kh=s of Owner:____.27 Rochelle Street,_Wegt Springfield, MA 01089 -- _ Name: — _ Rudolph C. Calvo & David P. Osgood - Map# -17 Block# I L04.. 4 Addrm of prop : 5 . Su ie t e Address ofCKVner - 7 Westwood Drive, Westfield_:M Olon Steven L. Wenninger Name: Wennin er Family LTD Partnership MAW 17 BbcO I Lo& 5 �L Address of'properiy. 31 St. jac1ques Avenue Address of Owner: . 31 Eastwood Circle, Ludlow, MA 01056 Fred Wilochka, Trustee Name;_ Revocable Identure„af Trust of Fred WY7 djI }�8p#_ _ =Z $lack# i L0t-�- b tZ A.MMS ofproperty: 37 St. Jacques Avege Address of Owner: 258 Brookwood Drive, Lo eadow MA 01106-2708 David Ratner Ma1p# 17 $ C rr. _ 1 Lot," ..�4f Address afpropexV: St. Jac ues Aignue. Address of Ovmer: 11 Ramah Circle, ._Agawam MA 01001 Page 3 of_4 ASU"z7.`ERS Name : Andreas K- & Karen M. Karrasch 17 1310&* 2 Lot, 2 [, Address ofproperty : 4 Centerwood Drive Address of Owner:^ 4 Centerwood Drive - Agawam. MA 01001 Name: Thomas P. & .Lindsey Bennett MW# 17 BlOCr 2 L€3t'` 1 Address of property : 8 Centerwood Drive _ Address of Ohv=: 8 Ce'nterwood Drive - Agawam, MA 01001 Scott A. Jenkins & / NaMe: Malgorzatta M. Pacula - _ _ � I7 $1o� 2 L.oe 3 v Address ofpmperty : 917 Suffield Street Address of Owner. 917 Suffield Street, Agawam, MA 01001 Name: Rose M. Carpenali & Theresa C. Decaro _ MAO 17 Blnc� 7 Low` 4 i AdW es o i apex,— �. r� • Address of Owner: 933 Suffield Street, AgawamA MA 01001 _ Ngme: hose M. Carp enali & Theresa C_ Decaro N(V# 17 BIoCj-,- 2 L.org 5 Address of property : , 333 Suffield Street 433 Suffield Street, Agawam, MA 01001 Address of Owner: a � -- ..._ Name: Richard J.' & Ann. Marie Knowlton Ty V#' I7 BIOCV, 3 Low -_ 1 Address ofpropeaty: 889 Suf fisid. Street Address nf'Owner- 889 Suffield stern, AiLam== MA 0100 4 . of ABDTITRS Name :_ Carl E. Mayer - -MIP# 17 BxocI* 3 Lce, 2 V Address ofproperty „3 Centerwaad priye Address afOvma-. 3 centerwood Drive, Agawam, -MA_ 01001 -- _ _ --- - Nme: Marie L. BolducV# I7 BIocig 3 Lot` 3 i/ Address of propea ty: 7 Centerwood Drive Addms of Chmer 2, Middle &ad. S2uthM2ton, MA 01073 Name: Map# J8 Blnc O 1 Lot* 20 Addrm ofpropa y: 835 Suffield Street A &=ofOwier: '777 Dedham Street, canton MA_ 02021-1484 Princess Realty, Inc. MV# J8 BWer 1 L0O` 21 .ddress ofproperty; Suffield Street .ddress of Owner 1325 - Springfield Street, Suite #15, Feeding Rills, MA 01030-2150 lame. Castle Hill Condominiums c/o Plotkin Assoc. BloW Lam 4ress ofpropeV: Castle Hills Road .dress of Owner: 41 Taylor Street, Springfield, MA 01103, #ttin: Al Baurgoin Im_ Bernie M. s Anthony D. Rueli --. # J7 Blocbg 1 Lao , 12 dress of property: 12 Centerwood Drive ims of Chm er: 12 Centerwood Drive, Mawam, YA 01001-3016 $k 14486 Pig 157 *84192 09-14-2004 La 03:44p QUITCLAM DEED KNOW ALL MIEN BY THESE PRESENTS that LEONIDAS&CAROL,INC.,a M=sachusetts corporation with a usual address of 835 Suffield Street,Agawam,Massachusens, and for no swomery consideration hereby grants to PANANAS REALTY,INC., a Nlassachusetts corporation with a usual address of 1673 Suffield Street, Agawam,Massachusetts with Quitctaim Covenzats, The land in AgawaM Hampden County,Massachusetts as more particularly described on Exhibit A attached hereto and made a part hereof. This conveyance does not constitute a transfer of all or substantially all of the Grantor's assets. a Executed as a sealed instrument this It 3 day of SgAmiber,2004. as LEONIDAS&CAROL,INC. By- - Wibms Its President Leonidas Pmvpm- By- t- Witness Its Treasurer `- Carol Pananas COMMONWEALTH OF MASSACHUSEM Hampden,ss. On this day of September,2U04,before rne,the undersigned notary public, personally appeared Leonidas Pananas as President and Carol Pattanas as Treasurer,proved to me tbrough personal knowledge to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it vohmtarily for its stated purpose, as President and Treasurer for Leonidas&Caro ,a rorporatian. lic:Paul M. Maleck My Cormaission Expires: 11/19110 - Bc 14466 Fg 158 #84192 EXE9W A Certain real a sitatated in Agawam,Hampden County,Massarcbsrscrits,on the wostea Iy side of Suffield Sheet,being more pexticulady bounded and described as follows: Beginning at as irott pin in the westerly side of Suffield Street;said pin being located on the=Wm y bank of Silm Brook,and running thence aaatheriy along said Sid Strect,four hundred twenty and 97i100(420-97)lieet to an imn pia at the nortbeastedy of laud now or Ibmaly of one Magee;theme turning an intern angle of 1131,42' and naming Westerly along last-named land fanr hundred Gighty-eigld and 27/100 (488-27)feet to an iron gin at the fly corner of land n m or formerly of George and Mary L Cmuss;thence tuning au inerior angle of 86%q'and nmmng Nordnty along last-named land two hundred eighty-five(285) feet more or iess to the southerly bank of said Sihrcr Brook,Ownce running Eesterly along the soedtlxuly bank of said bmak six hLradred forty erne(641)feet more or less to the iron pin at the point of beguvrh g. Being the same premises conveyed to the Grantor herein by deed of Asschn&Viweh Pip,LLC and He raage Vim,LLC dated September 8,2004 and r000rded m the Hampden County Deeds in Book 1"72,Pale 382. �ASK T OW 239404-] A TRUE IN HAMPOE;4 t�; ':; iY i.,'-NSTR'f OF DEEDS AND IT IS SD GERTIRLE-Q BOOK PAGE ATTEST; REGISTER -- ---- _•• ,•_••••,•, ui MLZ-W ry i f tad 77G r r To Wn FA GA A INTEROFFICE Ar 4EMORANDUM To: Conservation Comnission CC: File, D.L. Bean Inc:. From: Engineering ]hate: June 9, 2005 Subject: CC 272 - 916 Suffield Street - Pananas Discussions have been ongoing between Engineering and D.L.B ean, Inc., the designer for the Pananas filing at 916 Suffield Street. We have reviewed the two latest pages firm D.L.Bean, Inc. (dated May 16 & 24, 2005) and note the following: These latest submittals by D.L.Bean, Inc. have resolved previous issues Engineering had regarding the subject site. One of these packages also contain updated storm drainage calculations. Tbey are within acceptable design paramneters. If you have any questions, please do not hesitate to contact us. Sincerely, Rick S. Seidnitxer g I. Ho , P Civil Engineer I Town incur .%:t lan Pamnas,%ffield SA04 do mgc rcvicw.wl,d Cn _. U] Massachusetts Department of Environmental Protection DEP File NumberBureau of Resource Protection -Wetlands t WPA Form 5 - Order of Conditions 87-504 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: From: When filling out forms on 89awam the computer, Conservation Commission _. use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions To: Applicant: Property Owner(ff different from applicant): Leonidas Pananas Asselin&Viieceli Partnership LLC .._..Name - _.__ ,. _..,_ ._ {+Name------_'. 1673 Suffield Street 27 Rochelle Strreet Mafiing Address Mailing Address Agawam, MA 01001 West Springfield MA 01089 Cityrrown state zip Code cityfrown- _ state Zip Code 1_ Project Location: 916 Suffield Street Agawam - - — Street AddressT Citymown 17 _ reel 8 Assessors Map/PW Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Hampden 13482 63 County- Book Page Certificate(if registered land) 3. Dates: 4/30104 4/14105 6/9/05 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): see attached .list True pate Title Date Tide Date 5. Final Plans and Documents Signed and Stamped by-- Name -- --- 6. Total Fee: $787.60 - (from Appendix 8:Wedand Fee Transmittal Form) ftMarm5.doc-rev_V S= Page i of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B -- Certificate of Compliance 87-425 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 Christopher Parent, Environmental Compliance Services computer, use Name T only the tab key to move 588 Silver Street your cursor- Mailing Address do not use the Agawam MA 01001 retuurrn—key. Cityfrown State Zip Code !I 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: _ Richard Kosow, c/o Country Est. Partnership Name June 1, 1998 87-425 Dated DEP File Number 3. The project site is located at: 1200 Suffield Street Agawam CTI Street Address c4frown 15 1113 Assessors Map/Plat Number ParcellLot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if 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 certificabon that have been completed and are released from this Order are: wpaform 8b.doc•rev.12l1&00 Page 1 of 3 r L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 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 for a longer period). Condition Numbers: C. Authorization Issued by: Agawam 2 G9-0 6 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 Hen- os i M So C k r p1 erylkBec er -Meagher st veft qmglas Messic wpaform Bb.doc•rev.12115MO Page 2 of 3 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands DEP He Number: WPA Form 8B — Certificate of Compliance 87-425 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Hampden 9th Of February 2006 On this Day Month Year before me, the undersigned Notary Public, personally appeared Henry A. Kozloski, Fred Harpin, Frank Meagher, Mark Soticheck, Sheryl Becker, Steven Douglas, Jill Messick, proved to me through satisfactory evidence of identification, which was/were MA drivers licenses Description of evidence of Identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of AgawamcftylTown Conservation Commission f Signature of Notary Public Pamela R. Edmunds Printed[Name of!Votary Public Place notary seal and/or any stamp above June 4, 2010 My Commission Expires(Date) wpaform ftdoc•rev.12115/00 Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 87-425 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: 1200 Suffield Street 87-425 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 8b.doc•rev.12/15/00 Page 4 of 3' ?I ' �`' C'/{je r'sTrrr�iYIZ 7-c�,✓r� C��v, Massachusetts Department of Environmental Protection I Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 8B -- Certificate of Compliance 87-293 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 Christopher Parent, Environmental Compliance Services computer,use Name - - - - - -only the tab key to move 588 Silver Streetyour cursor- Mailing Address do not use the _Agawam MA t710t?1 return key. City/Tom T State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Prudent Assoc., Inc. Name May May 2, 1990 _ _ _ 87-293 Dated DEP File Number 3. The project site is located at: 1200 Suffield Street A avvarn csn Street Address City/Town 4=� 15 11113 t Assessors Map/Rat 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 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. C] 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: VAWO m Sb.doc-M.12MMO Page 1 of 3 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number; 1 WPA Form 88 — 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 2-9--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 r Signatures: Hen A, oski k S C r Sh ck �Fa�nkeWr S eV n Do as o JillMessick wpeform 6G.doc•rev.12J15/00 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form SB — Certificate of Compliance 87 293 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Prodded by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Hampden 9th Of February 2006 On this Day Month Year before me,the undersigned Notary Public, personalty appeared Henry A. Kozloski, Fred Harpin, Frank Meagher, Mark Soticheck, Sheryl Becker, Steven Douglas, Jill Messick, 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 CItyrrown dire, Signature of Notary Public Pamela R. Edmunds Printed Name of Notary Public Place notary sea[ and/or any stamp above June 4,2010 My Commission Expires(Date) wpaform 6b.doo rev.1 VISMO Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 87-293 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: 1200 Suffield Street 87-293 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform Bb.doc•rev.12/15/00 Page 4 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B -- Certifidate of Compliance 1 87-0533 _ Massachusetts Wetlands Protection Act M.G.I_. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Elizabeth Petrucci computer, use Name only the tab key to move 91 Channel Drive 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: ' Elizabeth Petrucci Name March 8, 2007 87-0533 Dated DEP File Number 3_ The project site is located at: 91 Channel Drive Agawam Street Address City/Town L7 lot 30 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 16557 147 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, o= Date j c B. Certification Check all that apply: �c�a ® Complete Certification: It is hereby certified that the work regulated by the above�eferenced 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 Wdoc•rev.12/151DC Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Fite Numbec•. WPA Form SB — Certificate of Compliance 87-165 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cunt.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced,The Order of Conditions has lapsed and is therefore no longer valid No future work subject to regulation under the Wetlands Protection Act may commence without.fiiing 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 7-26-07 Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office(see Appendix A), Signatures: Ifenr loski Mar ticheck Fre arpin Jill ssick wpafcrm 8b.doc•rev.121 15M Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: ` IIEifPA Form 8B — Certificate of Compliance � - 87-0533 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided byDEP C. Authorization (cons.) Notary Acknowledgement Commonwealth of Massachusetts County of Hampden On this 22nd Of May 2008 Day Month Year before me, the undersigned Notary Public, personally appeared Henry A. Kozloski,_Mark 5oti_check, Fred H_ arpin, Jill Messick, 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 Agawam Conservation Commission City/Town Jx i 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.doa•rev.12115iDO Page 3 of 3 Massachusetts Department of Environmental Protection —� Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 87-0533 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: Agawarn Conservation Commission Please be advised that the Certificate of Compliance for the project at: 91 Channel Drive 67-0533 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property an: 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 wpafarm 8b.dOC•rev_17115= Page 4 0}3 . TR 'V Massachusetts Department of Environmental Protection DEP File Number: 1 Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions P-0533rovided DEP Massachusetts Wet#ands Protection Act M.G.L. c. 131, §40 A. General information Important: When filling From: +�out forms on Agawam c� the computer, Conservation Commission �" 7- use only the q i~w tab key to This issuance if for(check one): ; move your �. cursor-do ® Order of Conditions _ not use the r r return key. ❑ Amended Order of Conditions F. To: Applicant: Property Owner(if different from applicant): Elizabeth Petrucci Name Name 91 Channell Drive Mailing Address Mailing Address Agawam MA_ 01001 City/Town State Zip Code Cityrrown State Zip Code 1. Project Location: 91 Channell Drive Agawam Street Address Cttylfown L7 lot 30 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Hampq!gn 5187 51 County Boots Page Certificate(if registered land) 3. Dates: February 9, 2007 March 8, 2007 March 8, 2007 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Plot Plan, 91 Channell Drive, Agawam ,MA for Eliz. Petrucci May 18, 2006 Title Date W Site Replication Plan, 91 Channell Drive, Agawam, MA Jan 2007 Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Robert A. Foresi and James Leonard, respecitveiy Name 6, Total Fee: $110.00 T (from Appendix B:wetland Fee Transmittal Form) WpatormUoc•rev.12/15/00 Page 1 of 7 Massachusetts Department of Environmental Protection DPP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-0533 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 CM 10.05(5)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Wpaform5.doc•rev.12/15/00 Page 2 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 87-0533 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cunt.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a 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, B. 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 chair: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" for, "MA DEP"] "File Number 87-0533 " 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 tiling of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection small 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 evaivation. wpaiam,5.tloc•rev.1211 Woo Page 3 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - order of Conditions LI87-053by��P Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden 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.12115/00 Page 4 of 7 TOWN OF AGAWAM, MASSACHUSETTS CONSERVATION COMMISSION ORDER OF CONDITIONS 91 Channell Drive - Petrucci - #87-0533 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 be installed, if needed. 24. The construction site shall be left in a stable condition at the close of each day. Erosion and sedimentation controls shall be continuously monitored to ensure proper operation. 25. If any alteration of the wetland/resource area does occur, the Commission shall impose such measures as it finds necessary to protect and restore the areas of statutory interest. 26. 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." 27. 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. 28. 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. 29. 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. 30. The petitioner shall have recorded in the Hampden County Registry of Deeds an "Order of Conditions Form" provided by this Commission. The Commission will not allow work to begin until proof of recording is provided the Conservation Commission. Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of issuance. March 8 , 2007 Date This Order must be signed by a majority of the Conservation Commission.The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office(see Appendix A) and the property owner(if different from applicant). Signatures- Hen A ozloski M k SO fiche r J' Vif) k AA I Frank Meagher Eery Becker .On 8th Of March, 2007 Day Month and Year before me personally appeared Henry A. Kozloski , Mark Soticheck, Fred Harpin, Jill Messick, Frarik Meagher, Sheryl Becker to me kknow be.the erson described in and who executed the foregoing instrument and acknowl that he executed t e same 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 March 9 ,, 2007 Date Date Wpaform5.doc-rev.12116100 Page 5 of 7 Massachusetts Department of Environmental Protection DEP File Number, Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Provided by Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E! Request of Departmental Action free Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Conservation Commission Wpaform&doc•rev.12/15100 Page 6 of 7 \ Massachusetts Department of Environmental Protection o£P {f�Numt �-- Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 87-0533 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission, To: Agawam ^� Conservation Commission Please be advised that the Order of Conditions for the Project at; 91 Channell Drive 87-0533 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Hampden County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Wpsfcrm5.doc-rev.12/15/00 Poge 7 of 7 Tr yR tl Gc- 1E1 Jz r BOARD OF APPEALS PUBLIC MEETING August 14, 2006 The following members attended the public meeting_ Doreen Prouty,Chairperson Fred Harpin, Vice Chairperson Joseph Conte, ClerkCD Barbara Brizzolari, Secretary _ r rr 1. Appeal of: Diane Busiere. Case# 1755 The Agawam Zoning Board of Appeals held a public hearing on August 14, 2006 at 6:30 P.e atr- the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, fFr all to parties interested in the appeal of Diane Busiere, who is seeking a Special Permit in accordarme with Section 190-7, Paragraph A&B of the Zoning Ordinances, which would allow for the construction of an addition to a non-conforming residential structure with less than the required side yard at the premises identified as 12 Letendre Avenue The Chairperson opened the public hearing at 6:35 P.M. She read the legal notice and explained the procedure to be followed. Ms. Prouty then introduced the members of the Board. The members sitting on this case are, Doreen Prouty, Fred Harpin, Joseph Conte. The petitioner stated the reason for the petition. She closed in an old porch and would like to extend it out by an area of Tx6' for a closet. Ms. Busiere has her mother living with her and this extra closet space would be advantageous for her. This area is not being extended out any further in the front, and the side, of what already exists of the house. Chairperson Prouty read into the record the letter from Safety Officer Sgt. Richard Niles, dated June 22, 2006. She asked if there were any questions from the Board members. There were none. Chairperson Prouty closed the public hearing at 6:47 P.M. and went immediately into a public meeting. She called for a vote on this Special Permit from the members sitting, the result which is as follows: Chairperson Doreen Prouty yea Vice Chairperson Fred Harpin yea Clerk Joseph Conte yea The Chairperson explained the twenty(20) day appeal process. The Chairperson made a motion and it was seconded by member Harpin to close the hearing at 6:52 P.M. All were in favor,none opposed. 2. Appeal of: Michael B'Shara Case# 1756 The Agawam Zoning Board of Appeals held a public hearing on August 14, 2006, at 7:00 P.M. at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Michael B'Shara,who is seeking to amend a previous Zoning Board of Appeals decision( Case#996),which would allow for parking in front of Michael's Ristorante which is located at the premises identified as 395 River Road. W The Chairperson opened the public hearing at 7:00 P.M. She read the legal notice and explained the procedure to be followed. Ms. Prouty then introduced the members of the Board. The members sitting on this case are: Doreen Prouty, pied Harpin, Joseph Conte. Attorney Frank Caruso, attorney for the petitioner, and Melissa B'Shara, petitioner were in attendance. Mr. Caruso explained that his client is asking for relief from Case#996, item #9 i 4 OZ-9 was dated rack in 1982 when Mr. Lombardi owned the property. This item prohibited Page 2 August 14, 2006 any parting in the front of the building. In 1982 he explained the property was a very different establi5hxnent, with late night drinking and noise. The petitioner did receive letters from the Board regarding the parking situation. Attorney Caruso explained that the petitioner has put up no parking barriers, twice, and they have been destroyed by vandalism. Mr. Caruso said that if parking was allowed in the front of the building, it would be safer for the neighbors because there would less parking on the side streets. He also said it would not be an adverse safety issue because the way the new parking spaces would be configured, cars would not be backing out directly onto River Road.. He also suggested that they would limit the parking to employees only,therefore there would be minimal parking activity there. He feels that the B'Shara°s have been good neighbors and have done all that the Board and/or neighbors have requested of them. Chairperson Prouty, spoke with Nick Urbinati, Inspector of Buildings; and he said backing out onto a State road is not allowed. Member Conte said he parked in front of the building the other day and there were four(4) cars parked there. He said that he could not back up, without hitting the State road. Mr. Conte also stated that in 1982, when the establishment was called the Green Gables, it was a restaurant and bar back then, as it is today. The Board granted increased seating at.the bar. The petitioner is now asking to make a nonconforming use in a residential area, even more non conforming. Chairperson Prouty read the letter from Safety Officer Sgt. Richard.Niles, dated June 22, 2006 into the record. Ms. Prouty opened up the hearing to the public. Abutter Edward and Jean Landry of 24 Campbell Drive,Agawam, were in attendance. Mr. Landry asked if the parking was prohibited in the first place,why are they parking there. He also stated, that when taking a left out of Campbell Drive,to get to the cross walk, which allows you to cross the street to get to the bike path, you have to walk in front of the restaurant, where these cars are parked. When looking at the restaurant, the crosswalk is to the right of the building, so anyone trying to get to the crosswalk would have to walk behind these parked cars. He also asked how could the petitioner possibly enforce"employee parking only" in this area. Jean Landry stated that there have been accidents on Campbell Drive, because people pulling out of Campbell. Drive, cannot see beyond the cars parked in front of the restaurant. She also stated, that even though it is difficult to tell the difference, there is a sidewalk that runs in front of the restaurant, which people would be using, and also brought up the point about backing out onto a State road. Attorney Caruso said that the Police do not have any record of any recent accidents there. With the "employee parking only"they would have more control of the traffic flow. Mrs. Landry said the parking in the back of the restaurant is agricultural and the abutters gave this up so parking could be allowed. What was originally a smaller establishment,just keeps evolving into something Iarger. Member Conte again stated that the petitioner was asking to add to a non-conforming use. Member Prouty said that maybe all the members should make a site visit and park in front of the building to see if you can see beyond the cars, if coming out of 000021 Campbell Drive. Chairperson Prouty made a motion and it was seconded by member Harpin to schedule a site visit. All were in favor, none opposed. It was agreed upon by all that were r present that the site visit would be on Friday,August 18, 2006 at 9:00 A.M. Page 3 August 14, 2006 Chairperson Prouty made a motion and it was seconded by member Harpin to reschedule this case for 6:00 P.M. on August 28, 2006. All were in favor, none opposed. Chairperson Prouty;' made a motion to close the hearing and it was seconded by member Harpin at 7:38 P.M. All were in favor,none opposed. 3. Appeal of: Elizabeth Petrucci-Case# 1757 The Agawam Zoning Board of Appeals held a public hearing on August 14, 2006 at 7:30 P.M.; at ' the Library Conference Room,Agawam Public Library, 750 Cooper Street,Agawam, MA, for all parties interested in the appeal of Diane Busiere, who is seeking a Special Permit in accordance with section 180-71, Paragraph H of the Zoning Ordinances,which would allow for the construction of an addition on a dwelling found to lie within the flood plain at the premises identified as 91 ChanneIl Drive. The Chairperson opened the public hearing at 7:42 P.M. She read the legal notice and explained the procedure to be followed. Ms. Prouty then introduced the members of the Board. The members sitting on this case are:Doreen Prouty, Fred Harpin, Joseph Conte. Petitioner Elizabeth Petrucci, is requesting to add onto her house by constructing a bedroom, bathroom,living room, mud room and deck. This would accommodate her sister, who is now living with her, who has multiple sclerosis. Member Harpin stated that the property is in flood zone A and the petitioner must apply with the Conservation Commission and file for an Order of Determination. Per the plans that were submitted to the Board it stated that in the 100 year flood plain the Iowest floor elevation must be 58.0' or above. This plan shows the top of the foundation to be at 59.40'. Therefore acceptable. These plans were signed by all 3 members sitting on this case. Chairperson Prouty stated that when the structure was completed, the land surveyor, R.A. Foresi Associates, would need to go back out and submit a plan to the Inspector of Buildings that the addition was actually constructed at the level stated. Abutter, Francis Carmel, 72 Channel] Drive, Agawam, expressed his support for this petition. Chairperson Prouty asked if there were any questions from the Board members. There were none. Chairperson Prouty closed the public hearing at 6:52 P.M. and went immediately into a public meeting. She called for a vote on this Special Permit from the members sitting,the result which is as follows: Chairperson Doreen Prouty yea Vice Chairperson Fred Harpin yea Clerk Joseph Conte yea The Chairperson explained the twenty(20) day appeal process. The Chairperson made a motion and it was seconded by member Harpin to close the hearing at 7:53 P.M. All were in favor,none opposed. r �7 C,C, if f f i zll zhl TOWN OF AGAWAM o�� ,�► 3 6 MAIN STREET a AGAWAM, MA 01001 DECISION OF BOARD OF APPEALS ti� • A Petition of: Elizabeth Petrucci Premises affected: 91 Chanell Drive w t^ (n Date: August 14, 2006 `µ Case#: 1757 The Agawam Board of Appeals conducted a public hearing and meeting on August 14, 2006, at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam,MA, for all parties interested in the appeal of Elizabeth Petrucci,who is seeking a Special Permit in accordance with Sections 180-71, Paragraph H of the Zoning Ordinances, which would allow for the construction of an addition on a dwelling found to lie within the flood plain at the premises identified as 91 Chanell Drive. After the public hearings, and after a thorough review of facts presented, the Agawam Board of Appeals made the following findings: 1. The subject property is located in an area of Town zone Agricutural. 2. The subject property is located in the one hundred year(Zone A) 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 living room, bedroom and a 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 addition will have the lowest floor(including the basement) elevated to 59.40'. 6. The petitioner states that the cost of the proposed addition exceeds fifty percent(50%) of the assessed value of the existing dwelling. 7. Section 180-2 defines substantial improvements as an improvement of a structure, the costs of which equals or exceeds fifty percent (50%) of the assessed value of the structure before the improvement is started. 8. Section 180-69, Paragraph D states "no building permits for substantial improvements shall be granted unless a special permit is granted by the Board of Appeals". 9. The proposed addition will meet all zoning requirements. 10. 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. r DECISION(p.2) Elizabeth Petrucci Case# 1757 14. The proposed use is not considered so objectionable or obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood. Based on its findings, the Board is of the opinion that it is within the authority of the Board of Appeals to grant a Special Permit as stated under Section 180-69, Paragraph D of the Zoning Ordinances. Now, therefore,by a unanimous vote of its three members, the Zoning Board of Appeals hereby grants the petitioner a Special Permit to allow for construction of an addition to a residential dwelling with the following conditions: 1. The proposed addition shall be built according to the plan entitled "Plot Plan, 91 Channell Drive", dated May 18, 2006, signed by Robert Foresi, Land Surveyor and signed by the members of this Board. 2. The petitioner must receive an "Order of Conditions" from the Conservation Commission. 3. All zoning and building requirements will be met. 4. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special Permit" form, which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. 5. This Special Permit shall become null and void if construction does not commence within two (2)years from the date of this decision. Doreen Prouty Fred Harpin se C to /0 C " CD 3 Q1 'T! � Z � , TOWN OF AGAWAM a 36 NL41N STREET �'tr`,,�vG G 1- o AGAWAM, MA OI OO ' .BOAR] OF APPEALS Case # Filed. Hearin Application to Board of Appeals for S•PECTALL as provided in the Zoning and other By-laws. Applicant LAddres Application is hereby made for 5PECLAL PERMIT as provided by Section ] �?. j Paragraph of the B -law. Premises affected are situate on Street,-- feet distant fzom the corner of Street and known as street number 3 Property is zoned as w c e � i w.w 7 A -v 4izmAture of o r or his authorized agent V t NOTICE: TM5 APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN • "�'��rc-r 6sS'< . �r,' ,r/R:�.: YT.�Ce'" k t --'+ E'.f�[Y^�r�7Y'�`� �-' �z` `'� '��";��`�- ✓ •��y`�,^;�,. -ice'-'�r'� it ��.• -� � Sys d tie JF 4 ''. ��c s�:z'`'ti�r•� >a ��.�j� 01 NOMM `t5 ' a s arc,-7 .rar«,.r��r =.i-F.z� I^'•-�..ak � ?Y rY +- �e3 �'r �- H��`. '� ram- .�r�L' +w,•;;y � t✓�-5e a+'Ev_�r�. T�- �'; -.•�h� y�r..wzr'��s- f �Y•� e'6`' ,�'`�,I i •i M3� -• � �' a ,t.r, st`'br.:� -ti,� S y�4.; o e � .�� ^- "'•,+t'm'"�rfB � rF'••M. ��•C�`.a� "-� Y•L'.. ••!t�A '- -.4 �r g i " �� }�• + ��-?W A`pyt t.s'• _ -rTr.'."�n�`� '11r .ry _ ✓'- w� ate., - '�P.'ar� }•£.-tea... u 'F` -�Y _ _�'`h•<I.. 'a - +�a�"'•k�' °", �rIn au"�L,��e, - 1�.�`' � :- 'ter_ I t_ '�,`��• _; �`�y: - .w"Q L ,; Y -•'Sea" e j • �x.t i�y` •. ems NSA.S� V.18 OF PPEA L S HA CID FEB 2 s L � i t i i 3 a .J J 1 w I SP.SFRY./8D. OF APPEALS 106 FEB 21 A 20 r � �9 f s S C t a � , � O v U `o V i alp-�s ! 40 t,. 26 7z r} ry � 3 LIN a C Ail lr � r a 4 A4' 06 1 ' L 1� ;z J 1 32054 MAR/Aa}rV.Zrre ouRCLA W OirD&WORT rOkM(IY5Z7�fVID Q �C� �� J. KNOW ALL MEN BY TIME PMUNl'S That 1, Charles 4'. Petzuccf of Chicopee Hampden County,Manadmsctts r 11dJJ=mmaadr*for4n°sldcration paid, gtantsto Elizabeth 3, Petrucci • F of 91 Channeil Drive, Agawam, County. of Hampden with quitclaim eovenaats '�• iNlth�tN�il�ik�4llNFkttl� t; the land In Agawam, I1ampdon County, Massachusetts, being know and designated Re Lot #91 (ninety-one) as shown on a plan of lots recorded in the Hampden County Registry of Deeds, Hook of Planes 61, Pages 90 and 91, said lot being bounded and described as follows: NORTHEASTERLY- by Channell Drive, " stown'on said plan, a _j t total distance of ninety-nine and 601100 (99.601 ) feet; 80t)'MEASTERLY: by lot #90 (ninety) as shmn on said plan, ` ano hundred nineteen and 66/100 (119.611) feet;SOUTHWESTERLY: by by Lot #73 (neventy-three) as s'h= on said ' L03 V plan, ninety-•nand and 66/100 (99,661) feet; y and. B i . i cs WORTIIWESTERLY: by Lot #92 (ninety-tyro) ae sbmpa On said plan, one hundred twenty (1201) feet. m , yg SUBJECT to 'pole and line rights granted Western Massachu-setts Electric Company et al as set forth by instrument dated I November 26, 1954, recorded in said Registry of Deeds,-Book 2358, B Page 523. a BEING the same premises conveyed to the grantor herein by deed of ltoward R, Nardi and Bruno C4 auced dated August 28, 1970, ar and recorded in the 11ampden County Registry of Deeds, Book 3630, { ti Page 561, , m E U d co ....-..,� ».»��... hand .....and srat,...._ this....aa.�:Cday Of QQ.�Qp�............... 14 �.. I.. jam , ... .,..,«..........,.»....._..,.«...M»»....�._..............__....__,.....,__._. .Charles,W..r.«Petrucci-.-......_...... . (Err QTatuntrtua+mol at i unmr4mu is Hampden 35- October 2.F4 19 81 Then personslly appeared the above named Charles V. Petrucci and acknowledged the.-foregoing icltrument io ba 8 ed,before me RECpVE:D _ _ _ n T. Lieh4� Pr6tic—.3ustia of .Prcc.•••..•• NOV1.81981 MWWd„t,n**j" July 19 i+B5 'D FROM THE 081G4 ivulwl joint Tenants—Teams in COMMM) A TRUE PHOTOCOPY AS RECORDED IN P. 3EN COUNTY REGISTRY OF DEEDS A., ,- i t IS SO CERTIFIED PAG E _ - ATTEST: REGISTER C� qLnLLI dr0► too In y t1 a r6 cn to fs 00 _ - orA i` i f , i f vo 06 � x � In orb 3 = ��. At 'V -s e1 47 cL 3 K C� � tK�P•S�RV.1��• ti-u L� CIO . a O D G 91 �; Q� INSP.SERV.IBD, OF APPEALS b r-v ' 00 vi 401 o i e -16 - C15' - 0 9 CD LAI �� fl d � � -t R IA -E Michael R. Merradante � Fire Inspector sa :am F-r e r ent 1 z 0 1 � i - Q 1 � U 1 00 z C:) 0 � N 1 = Q Q 1 w � r • �_-� w 1 _.. a bar r r w^r � Z 1 � ' o 1 v 1 � r ' ty e-for 19awam Public Schools ' - ';' n 1306 Springfield Street Suite 1 Feeding Hif1s, MA 01030-2198 MARY A.CZAJKOWSKI,Ed D. WILLIAM P.SAPELLI,G.A.G.S. Superintendent of Schools JOHN E.KANE,M.B.A- �ssistant Superintendent for Curriculum/Instruction (413)621-0548 Assistant Superintendent for 8usinesslHuman Resources (413)021-0508 Fax(413)789-1835 (413)821-0550 www.agawampublicschools.org MEMO c, 4 TO: Community Preservation Committee T '° FROM: Dr. Mary A. Czajkowsld _ ' DATE: May 6,2008 SUB.I: Benjamin Phelps Schdpl Play*lound ' As you may be aware,vandalism and a fire recently destroyed the play and equipment coat the Benjamin Phel�psS Sdhobl: Asa result;of these malicious acts, our elementary students at Phelps Seh6ol'havetbeert<un4ler to utilize the outdoor playgrouind equipment ' this spring and neighborhood 6ildren will not be able to use the equipMX nt during the summer months. ' Consequently, I resp gfulfy requesl,#at you expedite the joint applicatioA for the reconstruction of the 'AWps Scha �Ien�i ifi zy PXayground equipment,W) ich will be submitted jointly by ool d t~ii# arld`the park and recreations .partment. If ' approved, con�tioj ca-U-,beg1A'in lam spring�in,d cpntl� 'W0U1 oiit't re summer months, so tha d stu�t>�`YtL lad a$le'to uti floe,outd- 1 '`-uind.equipment when school rlseteber On behalf of tFi> s aj P� St hoo aoere '*0 6cigae your prompt attention and cons> '# i �g U e 4 L I So apy questions or-concerns, please do not hesitate to ccrtaettp $„ .. T4 r a _ v c: Mayor Dawson ' R. Farrell C. Sparks School Committee Put Children,first 1 ' Do not write in this space-For CPA use only nl3' ' _Open space ^Historic preservation _Affordable housing Other(Recreation) t TOWN OF AGAWAM COMMUNITY PRESERVATION COMMITTEE ' APPLICATION FOR FUNDING NAME OF APPLICANT Dr.Mary Czjkowski TITLE Superintendent of Schools SPONSORING ORGANIZATION Town of Agawam ' MAILING ADDRESS 1305 Springfiled Street CITY Feeding Hills STATE MA ZIP 01030 DAYTIME PHONE 821-0548 EVENING PHONE EMAIL me@agawampublicscboob.org ' PROJECT NAME Phelps Playscape PROJECT MANAGER Chris Sparks,Director of Parks&Recreation PHONE 821-0513 ADDRESS 760 Cooper Street,Agawam,MA 01001 ' Check the appropriate CPA category/categories below for your proposal: (MGL CH. 44B) ❑Open space ❑Historic preservation ❑Affordable housing ®Other (Recreation) If Multiple year project,specify amount requested for each year in the table below. CPA Funding Requested Other Funding Sources Sources #1_Insurance Settlement Sources#2 1rt Year $89,820 I't Year $40,180 1st year $ 2°d Year $ 22d Year $ 2°d Year $ 3''d Year $ 3'd Year $ 3'd year $ CPA Total $89,820 Source#1 Total $40,180 Source#2 Total S Total Cost of Project$ 130,000 I have read the entire application and agree to the terms outlined. `SIGNATURE W DATE May 16,2008 ' Page 3 of 5 1 >ANSWER ALL OF THE FOLLOWING QUESTIONS >PLEASE WRITE"NIA"IF NOT APPLICABLE >INCLUDE SUPPORTING MATERIALS AS NECESSARY ' TIMELINE: What is the schedule for project implementation? ' Starting date August 2008 50% completion date Completion date August 2008 GOALS: What are the goals of the proposed project? The first goal of this project is to rebuild the playscape that was vandalized by fire at Benjamin Phelps Elementary School by September 1, 2008 for the start of the 2008-2009 school year. The second goal is to provide an accessible playground with poured in place rubber surfacing for the ' students attending Phelps,children attending Little League games, Youth Football games, SummerFestas well as the general public. PLAN: What is the plan? Include a one-page thumbnail of your proposal. To use the insurance settlement as seed money to replace the fire damaged structure and to use the CPA money to add accesible elements and poured in place rubber surfacing throught the entire playground. 'The new state of the art playground will include ground level accessible elements,allow wheelchair access to portions of the elevated structure,and will challenge able-bodied children as weH. 'COMMUNITY NEED: How will this project help to preserve and/or improve the character of Agawam? How will it benefit the town? The playground will have accessible elements at ground level,a poured in place rubber surface as well as a 'ramp that will allow wheelchairs and people with limited mobility access to the structure. The playscape will give the children of all abilitiies attending Phelps a renovated structure to be enjoyed at recess and throughout the school day. This playscape will also allow children attending the various activites held at 'Phelps and the surrounding grounds a safe place to play. COMMUNITY SUPPORT: What is the nature and level of support for this project? Include letters of support. Please see attached letters of support. 'SUCCESS FACTOR: How will the success of this project be measured? Be as specific as possible. The new playsccpe will be utilized by the citizens of Agawam and Feeding Hills while attending school, concerts, and sporting events. These amenities will allow people of all abilities to utilize a state of art 'playground. 1 i ' Page 4 of 5 I lease provide the following additional information, as applicable. DOCUMENTATION: Applicant has evidence of site control, such as Purchase and Sale Agreement or deed. Please see the Property Record Card from the Town of Agawam's Assessor's Office. LVIDENCE: Project does not violate any zoning ordinance of the Town of Agawam. The existing land has been classified as a park. These additions fall within the already approved zoning Irdinances. IDENTIFICATION: Identify known hazardous materials and plans for remediation. Identify wetlands on the site. there are no known hazardous materials or wetlands at the Pelps Playground VIDENCE: Provide evidence that professional standards and state code be followed if construction, estoration or rehabilitation is proposed. The Landscape Structures playscape is being provided by O'Brien& Sons,Inc. of Medfield Massachusetts. t'Brien and Sons is the only representative for Landscape Structures in New England. O'Brien& Sons as been awarded the FAC 20 State Contract thus eliminating the need for competitive bids. FU construction will be done by licensed contractors contracted by O'Brien & Sons. Page 5 of 5 1 1 1 Attachment Quotation, ' 3-D Renderings, & Playground Schematics i 1 1 1 i 1 1 1 1 1 1 M.E. O'Brien & Sons, Inc. 93 West Street / Medfield, MA 02052 Phone: 508-359-4200 / Fax: 508-359-2817 FU VISE3D QUOTATION Date: May ,15 2008 Page 1 of 2 g Job: Phelps Playground Location: Agawam, MA Salesman: Andrew C. Berger, CPS[ /jaf (Andy_Berger@obrienands .com) Attention: Chris Sparks, Director 1 recreation@agawam.ma.us We are pleased to offer our quotation on the followi or the above subject job: ' QTY DESCRIPTION TOTAL ' As-Manufactured by Landscape Structures, Inc. Play Equipment: (1) Quote #ME08576 addition to existing playstructure as shown on plan Resilient Rubber Surfacin a America Poured-in-Place to include: • 2,400 square feet for 10' fall ings • 1,700 square feet for 6' fall— structure i • 530 square feet for 8' fall— track ride • 335 s e feet for 4' fall— spring platform • 50% bla 0% color, speckled mix Installation elude: • Insta new play equipment • Excava ion and site preparation around structure. existing swings, track ride and new spring platform • Build access ramp to ramp of new structure • Supply and installation of sub-base at 6" depth compacted for Poured-in-Place ' Removal of damaged play equipment and dispose • On-site installation of Poured-in-Place rubber surfacing as indicated above Total Furnished, Delivered and Installed— 1 Lot Per FAC 20 Contract $130,000.00 1 ' Re: Phelps Playground Page 2 of 2 Agawam, MA May 15, 2008 POURED-IN-PLACE NOTES: ' ♦ If 100% color or 50% color/50% black is quoted, red will be an addT charge. ♦ Does not include aliphatic binder (yellow inhibitor) necessary with the following colors: dark & light gray, blue, teal & pearl. ♦ If installation is included please note the following. ' Prevailing wages are not included. Installation is to take place over a prepare -base by others. Installation lead-time is to be determined and is weather depen nt. Site unty is the responsibility of the owner/contractor until the product is cured. or is responsible for quantity confirmation. Any changes to quantity may impac quo ' ADDITIONAL NOTES: ♦ Contractor/Customer is responsible for quantity confirma ♦ Prices are quoted for 2008, are firm for 30 days only a a bject to review thereafter. ' ♦ Prices based on quantities listed. Any change to q hies m pact prices quoted. ♦ Prices are for materials only unless otherwise no ♦ Prices do NOT include sales tax. ♦ Standard manufacturer's design, colors, specifications, a nstruction apply. ♦ Retainage does not apply. ♦ Our terms are: net 30 days. ' ♦ Allow 4 to 6 weeks for deliveAk ry of rials after receipt of order and architectural approval if required. Installation to take pla s soon as possible after receipt of materials and according to installer's sched icing wage rates do not apply unless otherwise noted. If we can be of further assistance, pleas el free to contact us. Thank you! IRL 1 1 1 1 1 •Si �' 1 REVERSE VIEW rim 1 � 1 1 s 1 1 PHELPS PLAYGROUND ► UBM $SONS,[W 1 MW MetlIwIC.MA 02052-065p � (50e)3594200 P lopw 5-Mj 359-2817 � p -�oom '({l��1�}. landscape Em AGAWAK MA 14526016 Ohnen8Uxp5pn7cprti -1-2 5/13/2008 , WMYl.OVfIQ1WobrwiwN�(X�ti LZTT� i structures 1 � 1 1 1 ' REVERSE VIEW l ij1jl ;F � 1 _ 1 f 11� R 1 1 CONNECTS TO EXISTING STRUCTURE 1 PHELPS PLAYGROUND ► Q'BRIEN & SONS.INC. Pia Box&50 MedliWa,MA U2C152-OG50 (5W)359-d200 FAX`�"��" landscape AGAWAM, MA 14526016-1 -1 5/12/2008 e.mai.me''0° "w,�°� — structures wwv�uUi�Hw��ae Cam 1 1 sw Pur ArIUM ID PHELPS a _ ICE ED r �_- PLAYGROUND AGAWAM, MA ,aawu SAFETY ZONE: �u>RF1ts 17'-4" x 17'-4" ' The ploy components identified I KIND" on this plan are 1PEMA certified. M.E. 0 BRIEN AND SONS, INC. The use and layout of these components conform to the SUMMEDnEL e>�atm DW IW�� ANDREW BERGER requirements of ASTM F1487. rear M r�urnrd THIS PLAY AREA $ EQUIPMENT IS DESIGNED FOR AGES 5-12 YEARS lamas RAWWN oar FAKE rE 100109 IT IS THE MANUFACTURERS OPINION THAT wo n�e'eEx O PANEL � THIS PLAY AREA DOES NOT CONFORM TO / 101*W lO (sorN SIDES) \ THE A.D.A. ACCESSIBILITY GUIDELINES (ADAAG) �_. ,seine 20 a20 MK 0�,oarr / DOUBLE POLY woof woE (2) M276 HN1°1°0" THIS CONCEPTUAL PLAN WAS BASED ON ASSOMY/ 24 18MM INFORMATION AVAILABLE TO US, PRIOR TO +1 iSTEPPM Kvuw STOW CONSTRUCTION, DETAILED SITE INFORMATION 4 MwouINCLUDING SITE DIMENSIONS, TOPOGRAPHY t2o2t1 EXISTING UTILITIES, SOIL CONDITIONS, AND WODULE DRAINAGE SOLUTIONS SHOULD BE OBTAINED, I I BMDGEECE O 3 1, ` EVALUATED, do UTILIZED IN THE FINAL DESIGN. MGM8 ---� 4 � A UM Aft"M "NOTE. PLEASE VERIFY ALL �1 i �6 POWµ m 0an FM 111240 115n4 PANE m. DIMENSIONS OF PLAY AREA, / 4 (= w) 24 16 CHOOSE A PROTECTIVE SURFACING WATERUIL SIZE, ORIENTATION, AND 11,s,s 1 slunucatx a THAT HAS A CRITICAL HEIGHT VALUE OF LOGATIONS OF ALL EXISTING 48 4O � MR a� AT LEAST THE HEIGHT OF THE HIGHEST UTILITIES, EQUIPMENT, AND ( - O �- 17p„d PAW ACCESSIBLE PART/FALL HEIGHT OF THE 4p aumero ADJACENT EQUIPMENT, (REF. CONSUMER SITE FURNISHINGS PRIOR TO � CUMBM 56 32 I ACCESSIBLE 2 PM� "M"� 4$ "' PRODUCT SAFETY COMMISSION (CPSC) ORDERING. SLIDES SHOULD NOT I ■ GUIDELINES, SECTION 10: SURFACING.) ' FACE THE HOT AFTERNOON SUN. ) 64 48 / ExRT.+6 / f:l ANDWW � 72 5"5TE"�0H � + 56 '� PROP05ED r � � PLAYBoosTER FWWW i � EQUIPMENT DRAWING #: 1 */" "E`SMOSUDE /123331 ME08576 DOUBLE POLY SIRE �� \ r— �` HaM L 1a QCOPYRIGHT: 5-5—O8 W ,o< \ LANDSCAPE STRUCTURES, INC. EXISTING /EQUIPMENT 1 DESIGNED BY: AEM ' i _ � „ SAFETY ZONE: � 59'-0" x 46'-4" landscape 9] weel sl�ees � PO 604 650 e Modtleld, MA 02052 0650 stnWures, ' ,......`.'.. Phone 9-420Fox Sob-359--759- O Fo26,7 � 601 7ih STREET SOUTH — P.O. BOX 198 DELANO, MINNESOTA 55328 PH: 1-800-328-0035 FAX: 1-763-972-6091 TOTAL ELEVATED PLAY COMPONENTS 18 SML,N FM TOTAL ELEVATED COMPONENTS ACCESSIBLE BY RAMP 7 REQUIRED 5 TOTAL ELEVATED COMPONENTS ACCESSIBLE BY TRANSFER 18 REQUIRED 9 ISO um TOTAL ACCESSIBLE GROUND LEVEL COMPONENTS SHOWN 3 REQUIRED 0 o.nln.a TOTAL DIFFERENT TYPES OF GROUND LEVEL COMPONENTS 3 REQUIRED 0 1 ®� HIELPS ' r• PUUN]PL AGAYA . MATN' nottipnnpi°1MItVr d M.E. Q'BRIEN AND SONS, INC. �lM euu M. �Aµe!th— , �__ eem. irww�w ANDREW BERGER nq.r�nrrt.e!ACINI Ti1h7. rF �r i 1 •"•'` '�ti.: 'L TH6 Fli0'MT<A h FAItlPNP+�� =a".' :;.v:::�:� OChION[PIRSnxsrT:IVA THIS PAY Nu m NOT owm TQ TIE AGA*MMM!'/ONBEIIIIT.0(i Y" ,y:•• RN OmN nbt PIM Us�OR IMP060 AWAYI TO A NM TO HIN 'We. O CMI°pL�ipMih� aO �TIII EfiW1IR.TO f�IRT.A. WLUU luiiols WC TH h 09s OKWF0.O MRCO a 7K 1'H'L 01504 29ff,F 'ERFY ALL 11 GLETISIONS NS OF Cf RAY KA tlGCfE A P(OIQThE i1KICLL N99UL 5¢E ORIENTATION,AND T:aI:rs A CNIVA:mn ws a< L=WKS OF ALL ECVNC Al:UM 1S lCM(�r nc worm UIILRES, LGDPYQif,MO Posy BAD Al,L Hoare l s�ET�0a�s51GIG SITE FJRNSHINM PFJOR TO / 1 ORDERING SLIDES SryML0 NOT _:�iY.. mxmmm�+:Q RMN*E FACE 71E HCT A MV400H 5UN. PLAYBOOSTER mwm P. 5i)008578 _�� Q�JCOP'tiaGHi:5-5-OS LANDSCAPE STRUCTURES, INC. DESIONEO BY:ALN -,TREE Ah !v - So h Ir +a K 101 71s 9rIrff7 WN-PA=IN ecuw.woom hers hhwa n.hs re I-em-m-®.Th Fes:i-�ery�z-m7es TOTAL LEIMIED PLAY COMPONENTS 18 TOTAL ELEIBITEO COMPONENTS ACCMELE BY RAMP 7 EEWM 5 TOTAL E-MIEO COMPONENT$ AOCrSSISL.F RY TRANSFER 18 RFOUIRM 4 MUM TOTAL ACCESSIBLE GROUND LEVEL CCIIPONfWT S}<*N 3 FtEOuffo 0 TOTAL DIFFERENT TYPES OF GRDUNO LEVEL COMPONFNlS 3 R.EOUREL 0 Attachment Photos of Existing Fire Damaged Equipment 1 i 1 i f 1 1 1 ilk X- lip r A �. - �4.�,� � •ris. It .6 �+ c .'► IreAt Z ri` ' t Attachment � Insurance Settlement etters t t 1 CAMPBELL MANAGEMENT COMPANY April 29, 2008 Mayor Susan Dawson Town of Agawam 36 Main Street Agawam, MA 01001 ' Re: Phelps School Fire Claim Payment Dear Mayor Dawson, We are enclosing a check in the amount of $34,503.10 for payment of the Phelps School fire loss. - Per our letter of April 22, 2008 to Apex Claims Service they are holding back $5,676.90 pending our actual replacement of the equipment. Sincer Andr C. C b ACC/earn Enclosure — Check#4419 CC: Mr. Christopher Johnson Chris Sparks 1 12 Southwick Street, Feedtng Hiltr,MA 01030-2024 c. Tek 413-786-5"9 Fax:413-786-5685 4 email:campcmcCcrocker.com SSAMONT INSURANCE AGENCY INC. 60 AXIS U.S. INSURANCE BEHALF OF METROGARD 4 419 4ND DIPLOMAX INSURANCE PROGRAM Sued Check No: 4419 swam,Town of(MA)-a Check Amt: $34,503.10 Check Data: 0412812008 aimant Claimant: Town of Agawam ply n of Agawam Claim No: MAS-0064936 36 Main Street Date of Loss: 03130/200812:00 AM �awarn,MA 01001 Adjuster. Abel,Jim Payee Name: Town of Agawam Broker: t able Comment Service Oates: D412812008 To 04128/2008 damage to playground at Phelps School at ACV,less$1000 deductib 0,1SAMONT INSURANCE AGENCY INC. 0SAXIS U.S. INSURANCE DN BEHALF OF-METROGARD TDIPLOMAX INSURANCE PROGRAM ured Check No: 4419 Agawam,Town of(MA)-a Check Amt; $34,503.10 Check Date; 04/28/2008 faimant Claimant: Town of Agawam Town of Agawam Claim No: MAS-0064936 Street Date of Loss: 031301200812:00 AM Fin, MA 01001 Adjuster: Abel,Jim Payee Name: Town of Agawam Broker: table Comment Service Dates: 0412M008 To 0412812008 Fire ir damage to playground at Phelps School at ACV,less$1000 deductib :MAS!A' NT INSURAI CE AGENC tNC tA ANVERSSAYMNG$sBANlC ND}AXISWS-4NSURANCE N' DMETRC°BA , �t � *_ � = ' 4 ND DIPLOMAX INSURANCE PROGRAM _ s , Claret No MAS=0D6493& � t, Check Date, 04/281200$ D FTEB 0 ,ilDate of Loss 0313D/2DOS 0 ADAYS'':., fr r V I 9 aY Thirty-Four Thousand.Five Hundred-Three and 1011000ollars _ _ _ „w.3341503.1 ',.. own o TWO$IGNA'TURES-ARE UIRED Irder 2 T f Agawam _ FOR CHECKS$5000 AND VEFL f: C/O Campbell Management Company 12 Southwick Street � . Feeding Hills; C7�1 MA 0103D , W 11000441911` t: 21 L37 116 21§- : 35 306 258-111 i Attachment ' Letters of Support i i 1 1 i i 1 1 1 1 1 1 O p CJN'W'O IV'A 1. 0 UTTLE LEAGWE To Chris Sparks, I am writing this letter in support of the rebuilding of the playscape at Benjamin J. Phelps Elementary School. As the president of the Agawam Little League this playscape is enjoyed not only by our baseball players but also by siblings of these players. Out of town teams enjoy playing at Kirk Parker Field/Memorial Field and have often commented on what a clean complex it is and have also made great use of the plays cape and swings. During baseball practices and games the playscape is always full of ' children waiting for their brothers or sisters to finish. This takes a lot of stress off of the parents by giving the younger children something to do and keep them occupied. t Each year Agawam Little League strives to provide a safe, enjoyable environment for the children and families of A.L.L. It is through our partnership with you that we have been able to be a successful organization and always be complimented by areas towns that visit our fields on how well maintained they are. The goal of A.L.L. is to continue to make a difference in the lives of our children. With the help from supporters such as you we will continue to see improvements in our community. Sincerely, 1 �ichard�Y.Jh�eh¢a Rick Sheehan, President ' Agawam Little League Board of Directors AGAWAM 1 YOUTH FOOL ASSOCIATION P.O. BOX 443 AGAWAM, MA 01001 May 12, 2008 To Whom It May Concern: I am writing this letter in support of the rebuilding of the playscape at Benjamin J. Phelps Elementary School. As the president of the Agawam Youth Football Association this playscape is enjoyed not only by our football players but also by siblings of these Players. Out of town teams enjoy playing at Kirk Parker Field and have often commented on what a clean complex it is and have also made great use of the playscape and swings. During football practices and games the playscape is always full of children waiting for their brothers or sisters to finish. This takes a lot of stress off of the parents by giving the younger children something to do and ikeep them occupied. On a personal note, I attended Benjamin J. Phelps School and my son currently attends Phelps. My son stated to me shortly after the incident with the playscape that now we have nothing to do at recess and it was fun playing on the playscape. This is why the Agawam Youth Football Association is in favor of rebuilding the playscape at Benjamin J. Phelps School for the youth of not only Agawam but for all children who visit Kirk Parker Field and Phelps School. Res ectfully yours, David DeMatteo President Agawam Youth Football Association t May 15, 2008 I Community Preservation Act Committee Agawam City Council IOn behalf of the Agawam Cultural Council and the SummerFest Concert Series I am requesting that you please support the request for funds to help rebuild the playscape at Phelps School. IEach year SummerFest brings between 1,500 and 4,000 people to Phelps School on Wednesday nights in July and August. Prior to the 7pm start time of the shows many families I bring their children to the playscape area to have an opportunity to play. Without the repairs that need to be made this facility will remain unavailable to so many young children from our community. II have seen during the course of this spring's baseball season the impact that has already been made to the children. On most nights there would be 20 or so children playing while older siblings are playing ball this year that is not happening, The children remain very disappointed to be at the field and to see the playscape with the police tape surrounding it. I There may be a few of you thinking it is only a playscape however to the children in our community it is an adventure. To see the children get so excited in our schools when they know it is there day to use the playscape you would understand. It provides an opportunity to climb and challenge each child's imagination and physical ability. have faith that you will all make the best choice in this situation and thank you for the good work you are all doing. IVery truly yours, Patty Souder IChairwomen, Agawam SummerFest I I I Agawam Public Schools Department of Special Services 760 COOPER STREET AGAWAM MA 01001 Tel: 413-821-0540 Fax: 413-821-0539 Mr. Christopher Sparks Agawam Park& Recreation Dept. 760 Cooper St. Agawam MA 01001 Dear Chris, Thank you for your careful planning for the renovations to the Phelps School playground. Your thoughtfulness in the selection of playground equipment will maximize access for children with disabilities. 1 Sincerely, iJohn Provost, Ed.D. Director of Special. Services Cc: Dr. Czajkowski t ' Attachment 1 Property Record Card 1 1 1 i 1 1 1 1 i i 1 1 1 i unoinciai rroperry xeem t ara Unofficial Property Record Card - Agawam, MA General Property Data Parcel ID 1-10 5 1 Account Number Prior Parcel ID EXEMPT-- Prop"Owner TOWN OF AGAWAM Property Location 689 MAIN ST PHELPS SCHOOL, Property Use MUNICPL Mailing Address 36 MAIN ST Most Recent Sale Date 3/21/1997 Legal Reference 9801 32 City AGAWAM Grantor LEONARD CHARLES Mailing State MA Zip 01001-1825 Sale Price 0 ParcolZoning RA2 Land Area 18.200 acres Current Property Assessment Xtra Features Card 1 Value Building Value 2,279,000 100,100 Land Value 11,037,100 Total Value 3,416,200 Value Building Description Building Style SCHOOL Foundation Type CONCRETE Flooring Type LINOIVINYL #of Living Units 1 Frame Type WOOD Basement Floor CONCRETE Year Built 1938 Roof Structure GABLE Heating Type FORCED HIA Building Grade GOOD Roof Cover ASPHALT Heating Fuel OIL ' Building Condition Good Siding BRICK Air Conditioning 0% Finished Area(SF)42768 Interior Walls DRYWALL #of Bsmt Garages 0 Number Rooms 0 #of Bedrooms 0 #of Full Baths o #of 314 Baths 0 #of 112 Baths 14 #of Other Fixtures 22 Legal Description Narrative Description of Property This property contains 18.200 acres of land mainly classified as MUNICPL with a(n)SCHOOL style building,built about 1938,having BRICK xterior and ASPHALT roof cover,with 1 unit(s),0 room(s),0 bedroom(s),0 bath(s),14 half bath(s). Pro pert Images .� II l 1 Disclaimer;This information is believed to be correct but is subject to change and is not warranteed. tttp://agawam.patriotproperties.com/RecordCard.asp 5/15/2008 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Fife Number: 1►UPA Form 8B - Certificate of Compliance 87-513 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 Carolyn J. Anischik _ DENIAL computer, use Name only the tab key to move 850 High Street, Sd FI, Suite 8 your cursor- Mailing Address do not use the Holyoke MA 01040 return key. Cityfrown State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: _ Thomas Lucia, Poplar Development LLC _ Name 8125105 87-513 Dated DEP Fife Number 3. The project site is located at: Lot 4 Westview Lane Agawam Street Address City/Town F9 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 O Certificate C� c, 4. A site inspection was made in the presence of the applicant, or the applicant's agent,cei: =� t �� - November 29, 2007 Date - X�. n-C B. Certification - - 417- 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 foliowing 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 8b.doc•rev.12/15100 Page 1 of 3 r 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. J2 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: Lot 4 Westview Lane has been dedied for the following reasons ; etention pan is not graded properly; no fence around detention pond, no lawn/loam. C. Authorization Issued by: Agawam 11-30-07 Conservation commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See Appendix A). Signatures: t n s e yl e er e arpi wpebem$b.doc•rev,12/15/00 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number; WPA Form 8B -- Certificate of Compliance 87-513 Massachusetts Wetlands Protection Act M,G.L. c. 131, §40 Provided by DEP C. Authorization (cant.) Notary Acknowledgement Commonwealth of Massachusetts County of Hampden On this 29th Of November 2007 Day Month Year before me, the undersigned Notary Public, personally appeared Steven Douglas, Jill Messick, Sheryl Becker, Frank Meagher, Fred Harpin, 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 helshe signed it voluntarily for its stated purpose. As member of Agawam Conservation Commission City{Town Signature of Notary Pu lic Pamela R. Edmunds Printed Name of Notary Public Place notary seal and/or any stamp above June 4, 2010 My Commission Expires(Date) "aform 8b.dac-rev.12116/00 Page 3 of 3 r Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form SB -- Certificate of Compliance 87-513 Ll 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 fine and submit to the Conservation Commission, To: Agawam Conservation Commission Please be advised that the Certificate of Compliance for the project at: Lot 4 Westview Lane 87-513 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land,the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 8b.dac-rev_12115M Page 4 of 3 HERITAGE SURVEYS, INC. Professional Surveyors and Engineers College Highway & Clark Street Post Office Box I Southampton, Massachusetts 0I 073-0001 Brace A. Coombs, Ptesident Telephone(413)527-3600 Pmfessional Surveyor, MA, CT& VT Facsimile(413) 527-8280 E-mail: bruce(aheritagesurveys.com. Website. heritagesurveys.com February 10, 2005 Town of Agawam Planning Board 0 Town Hall- 36 Main Street Agawam, MA 01001 RE: Preliminary Subdivision Submission George A. Giroux Estates Poplar Street(West View Lane—Proposed Roadway) Agawam,MA 01001 HSI Job#5201-030911 Dear Planning Board Members: On behalf of our client,Poplar Development, LLC, c/o Thomas Lucia, we are not requesting any waivers from the Town of Agawam Subdivision of Land, Chapter 159 regulations for this project On Wednesday, February 9, 2005 the applicant, Thomas Lucia and myself met with Georganne J. Hoyrnan,P.E. and Rick S. Seidnitzer, Civil Engineer of the Engineering Department to review the project. Based on comments made at the Planning Board meeting on February 3rd, Planning Staff Preliminary Plan Review, dated January 26, 2005 and Engineering Department, Inter-Office Memorandum dated January 26, 2005,the Definitive Subdivision Plans for this project will include sidewalks on both sides of the proposed street and Parcels A and B along Poplar Street, as well as the other items requested in the department review memorandums. We would appreciate you directing any correspondence regarding the above referenced project to Poplar Development, LLC c/o Thomas Lucia, 60 Main Street -- P.O. Box 835, Blandford, MA 01008, with copies of the same to Heritage Surveys, Inc. Sincerely, Mark P. Reed cc: Agawam Town Clerk Agawam Engineering Department Thomas Lucia Y.\YRO.IECT DOCUMENTS\SUBDIVISION\520 1presub.DOC 4 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 Arc swam computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Poplar Development, LLC-c/o Thomas Lucia _ Ralph & Mary Mcewan and Burlington Rlty Tr. return key. Name Name 60 Main St. -P.O. Box 835 71 DePalma Street and P.O. Box 551 Mailing Address Mailing Address Blandford MA' 01008 Agawam, &South Hadley _ City/Town State Zip Code Cityfrown State Zip Code retrnr 1. Title and Date(or Revised Date if applicable) of Final Plans and Other Documents: Preliminary Subdivision Plan-George A. Giroux Estates 1/07105, revised Title _ 3/31/05 Title Date Title Date 2. Date Request Filed: April 4, 2005 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Seven lot single family subdivision. Detention basin to be located within 100' buffer zone to B1/W. • Project Location: Poplar Street Agawam Street Address Cityrrown F9 _ 6-1 & 6-2 Assessors Map/Plat Number Parcel/Lot Number Wpeform2.doc•rev.12/1&00 Page 1 of 5 r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 -- Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ® 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. Bordering Vegetated Wetland, 100' buffer zone, 50' buffer zone. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ® 3. The work described on referenced plan(s)and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area.Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaformMoc•rev.12115M 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 past-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. wpaformldoc-rev.1 V15100 Page 3 of 5 9 Massachusetts Department of Environmental Protection Bureau'of Resource Protection - Wetlands IiI1fPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §44 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by.- Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Cifation C. Authorization This Determination is issued to the applicant and delir/ered as follows: ❑ by hand delivery on by certified mail, return receipt requested on April 19 , 2065 Date -- ---- Date This Detef nination 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: 00 a iI i A ri 1 14 . �0a5 Date wPA Form 2 Page 4 or 5 R2 n7fm Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G_L_ c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office(see Appendix A) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. Wl?A Form 2 Pape 8 d 5 RPv fY110(1 r 'o wn of'A dam L L G 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 October 28, 2004 qP Poplar Development, LLC co 60 Main Street U P. O. Box 835 Blandford,MA 01008-0835 Dear Mr. Lucia: At its duly called meeting held on October 28, 2004, the Agawam Planning Board voted to approve your plans under"Subdivision Control Law Not Required" for a parcel of land located on Poplar Street. Plans drawn by Heritage Surveys and dated September 30, 2004,revised October 28, 2004. Sincerely, AGAWAM PL O 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . . . . . . . . . . . . . . . . . . . . . . . To Agawam Planning Board Please be advised.that the Form A plan that was filed by Poplar Dev. LLC and approved by the Agawam Planning Board for a parcel of land located on Poplar Street has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant P T Agawam Planning Board 36 Main Street Agawam, Massachusetts 01001 TeL 413 - 786 - 0400 Ext. 245 FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED crf NOT TO REQUIRE APPROVAL , File one completed form with the Planning Board and one with the Town Clerk in accordance with the requirements of Section 1I3. N No. September 30, 2004 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. � z I. Name of Applicant: Poplar Development LLC. � Address, 60 Main Street - P.O. Box 835 Blandford MA. 0 t.sy 2. Name of Engineer or Surveyor: Heritage Surveys, Inc. © 5 Address: P.O. Box_ 1 - College-Highway Southampton, MA 01073 3. Deed of property recorded in_ Hampden County Regi i �� {� •+ '� `f Book 14344 Page 344 . +kY 4. Location of Property: Parcel A and B are located on the easterly side of Poplar Street. Parcel A is located at 189 Poplar Street. 5. Description of Property: Parcel A, area = 5.677 acres and Parcel B, area= 20,687 s.f.± as shown on Plan of Land prepared for Thomas Lucia and dated September 29, 2004. Attachments -Two originals and three copies of plan by certified land surveyor. The plans will be distributed as follows: one original to the Town of Agawam Engineering Department, one original to be recorded at Registry of Deeds by the applicant, one copy for the Assessors Office, one copy for the Planning BoardOfe, and one certified copy for the Building Department. Signature of owner: n Address: Poplar Deve opment, LYC 60 Main Street Blandford, MA. 01008-0835 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 Ln c z, Important: s- c-, When filling out From: r- forms on the Agawam _ 1,2 computer, use Conservation Commission only the tab = 7Y key to move To: Applicant Property Owner(if different from a$plicj'tr' your cursor- o C- do not use the Pamela Pressey same rT return key. Name Name 78 Willowbrook Drive Mailing Address Mailing Address Agawam MA 01001 cityfrown State Zip Code City(rown State Zip Code Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Teddy Bear Pools Spas cos#estimate 7111/07 Title Date Title Date Tithe 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): installation of 18' x 36' in ground pool Project Location: 78 Willowbrook Drive Agawam Street Address CitylTown 111 413 Assessors Map/Plat Number Parcel/Lot Number wpafora+2.doc-rev.12115100 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 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.d0t•rev.12115kO 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 (cost.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the 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. 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 statuatoryJregulatory 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 ❑X by certified mail, return receipt requested on _ August 10 , 2007 Date Date This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office(see Appendix A)and the property owner(if different from the appiican ignature August 9 , 2007 Date wpaform2.doc•rev.12/15/00 Page 4 of 5 -BOARD OF APPEALS PUBLIC MEETING October 23, 2006 The following members attended the public meeting: Doreen Prouty, Chairperson ,may Fred Harpin, Vice Chairperson o Joseph Conte, Clerk f Larry Hoague-Alternate Betty Manchino-Secretary -ZE_- 1. Francis Duda, Case #1758 Chairman Prouty reopened the Public Hearing at 6:OOPM without the petitioner being presat. The Board voted to keep the Public Hearing and wait for the Petitioner. o n '2. Continuation of Public Hearing for Sand Trap School Club, LLC, Case#1762 Chairperson Prouty reopened the Public Hearing at 6:15PM. Sitting on this case were Doreen Prouty,Fred Harpin and Joseph Conte. The purpose of reopening this Public Hearing was to set a date for a future Public Hearing due to time limitations at the previous meeting. Chairperson reset the date for this hearing to November 13, 2006 at 7:30PM. Attorney James Donahue representing the petitioner indicated that new information has been submitted to the Building Inspector on behalf of the petitioner's. He stated that an incorrect address had been filed by the State and the State has acknowledged the mistake. Copies of a letter from Attorney Donahue To the Building Inspector indicating this response by the State were distributed to Board members. Attorney Donahue has not had a response to this recent letter by the Building Inspector but if he still receives a negative recommendation his client will appear before the Board. Chairperson Prouty made the motion to continue this Public Hearing at 6:25 PM and to continue this hearing to November 13,2006 at 7:3OPM. The vote was unanimous. 3. Francis Duda Case#1758 Chairperson Prouty reopened the Public Hearing at 6:25PM. Sitting on this case were Doreen Prouty, Fred Harpin and Joseph Conte. The petitioners were present with their Attorney Gretta LaMountain. Chairperson Prouty read into the record a letter of withdrawal by the petitioners, The petitioners were unable to acquire the needed land for the building of their garage from their neighbors being 6" short and so the petitioner is in the process of rebuilding the garage on a smaller scale to correspond to all building code requirements. Unfortunately, the engineer that had originally pegged their property line had a stroke and his office is unable to locate any documentation on this project. The Board was sympathetic to the petitioner for all the expenses they have incurred. The Board voted to accept this withdrawal without prejudice. �Cf3`£ 1 Gf3 4 Prouty-yeah Harpin-yeah Conte-yeah 4. Continuation of Public Hearing for Iosif Kot Case #1759 Chairperson Prouty reopened the Public Hearing at 6:35PM. Sitting on this case were Doreen Prouty, Fred Harpin and Joseph Conte. Chairperson Prouty read into the record a letter from DL Bean requesting a continuation of this hearing when they should actually request an extension. Members questioned the legality of this continuation as the case expires on October 27". Clerk Conte made the motion to vote to reject this application subject to receiving a request for an extension of time by the petitioner within the four days before the case expires. Chairperson Prouty said she would contact DL Bean to make such a request. Indicating that the petitioner must request a sixty day request by 10/27/06 at 4:OOPM - Chairperson Prouty made the previous motion to reject subject to receiving the proper request for an extension by the petitioners. VOTE - Prouty-yeah Harpin-yeah Conte-Yeah 5.. Public Hearing-Matthew&Angela Jodoin,Case#1763 Chairperson Prouty read the Legal Notice for this case and opened the Public Hearing at 7:40PM. Sitting on this case were Prouty, Harpin and Conte. Attorney Thomas Miranda of 1380 Main St. represented the Jodoin's. He explained that when his client's purchased their home at 187 Adam Street they did purchase it because it had an in- law apartment which they needed for Angela's mother to take care of her uncle who has down syndrome. This house was advertised with a second floor in-law apartment by the seller of this house and they were told it was allowable. They assumed it was legal as the former owner resided in this home for forty years. No permits were on file for the modifications that were made to this property. Attorney Miranda distributed a letter from abutters that they do not object to this apartment and they support their request for a variance. By not granting this variance Attorney Miranda stated this would create a hardship for the petitioners as the mother and uncle would have no living quarters. Chairperson Prouty acknowledged this would be a hardship under the federal regulations for the ADA. The hearing was opened to the public and George Casiello of 180 Adams Street stated he has lived there since the house was built and has no problem with accepting this variance. 03-s 2 93 4 Chairperson Prouty made the motion to accept this variance on the condition that it be completely be inspected by the Town Inspectors. Clerk Conte added that they must have a Certificate of Occupancy by the Building Inspector. VOTE Prouty-Yeah Conte-Yeah Harpin-Yeah Public Hearing closed at 7:30PM. 6. Continuation of public hearing for Pride Convenience; Case# 1750 In accordance with Section 180-44 Paragraph 1 which would allow for a"Drive-up Automated Teller Machine at 6 North Westfield Street. Chairperson Prouty reopened the Public Hearing at 7:30PM. Sitting on this case were Prouty, Harpin and Hoague. Mr. Bolduc stated that he has met with the Planning Board,Engineering and hired his own engineer for a traffic study on this petition and they have changed the parking spots on the property, they will continue the island, have a back door to the convenience store, and they will close off one driveway. Mr. Bolduc requested to incorporate his second request for the drive- thru Dunkin Donuts at the same time. Chairperson Prouty read into the record the approval of the Planning Board of these plans dated October 2, 2006. 7. Continuation of Public Hearing for Pride Convenience, Case# 1756. In accordance with Section 180-44,Paragraph H of the zoning ordinances which would allow for a drive-thru Dunkin Donuts. Chairperson Prouty re-opened the Public Hearing at 7:45PM. Sitting on this case was Prouty, Harpin, and Hoague. At this time both cases for Pride were open. Alternate Joseph Conte stated he was in opposition to these proposals stating they would have an adverse affect on the community and thought there should be no more activity on these premises. Mr. Bolduc stated that the Dunkin Donuts across the street would be moving over to the Pride Station and would alleviate traffic and make an improvement in the traffic flow at the intersection. Planning and Engineering had both sent a positive letter recommending this project. Mr. Hoague questioned if the petitioner had a letter stating Dunkin Donuts would be closing their other operations and Mr. Bolduc stated he could get one if the Board so needed it. W.Hoague questioned his concerns of the driveway that enters onto Springfield Street at the entrance to the busy intersection and Mr. Bolduc stated there is a sign that no left turn can be made. Chairperson Prouty stated she was pleased with the door to the Pride store is being built in the back of the building. _dn 3 Ga 4 Mr. Bolduc stated he has invested a lot of money with an engineering firm and the Town's engineering department to come up with these new plans for this project. He stated that the traffic problem the Town had seen a few months ago probably won't be happening again as there was a gas price war going on and he did not make any profit at that time. Chairperson Prouty closed the Public Hearing at 8:22PM and the Board went into a public meeting. Mr. Hoague stated the volume of business at this site was an issue but with the new improvements and the one way driveway issue resolved he would vote to approve these permits. Chairperson Prouty was also pleased with the new plans stating the major congestion at the front of the building will be alleviated with the use of the back of the building and she was in favor of the permits. Chairperson Prouty made the motion to accept Case41750 for the ATM Prouty-yeah Harpin-yeah Hoague-yeah Chairperson Prouty made the motion to accept Case#1760 for Dunkin Donuts Prouty-yeah Harpin-yeah Hoague-yeah The Minutes of July 10, 2006, September 11, 2006 and September 25, 2006 were accepted unanimously. 8.Chairperson Prouty made the motion to adjourn at 8:40PM, seconded by Harpin. All were in favor,non opposed. =d3S4G3 4 TOWN OF AGAWAM 36 MAINSTREET AGAWAM, MA 01001 C DECISION OF BOARD OF APPEALS C X D� Petition of: Pride Convenience, Inc. �. Premises affected: 6 North Westfield Street UD r Date: October 25, 2006 ase#:_ 1760 The Agawam Board of Appeals conducted a public hearing and meeting on October 23,2006 at the Agawam Public Library Conference Room, 750 Cooper Street,Agawam, MA, for all parties interested in the appeal of Pride Convenience, Inc. which is seeking a Special Permit in accordance with Sections 180-44, Paragraph H of the Zoning Ordinances, which allow for a drive-through Dunkin Donuts at the premises identified as 6 North Westfield Street. After the public hearing, and after a thorough review of the facts presented, the Agawam Board of Appeals made the following findings: l. The subject property is located in an area of Town zoned Business A. 2. The subject property consists of a "gas-convenience store" operation which has been owned and operated by the petitioner for several decades. 3. The proposed "Dunkin Donuts" will meet all zoning regulations. 4. The petitioner submitted a traffic study by Vanasse Hangen Brustlin, Inc. dated July 20, 2006. 5. The petitioner has received Site Plan Approval from the Planning Board for this proposal on September 28, 2006. 6. There was no opposition expressed at the hearing nor received in writing by this Board. 7. Section 180-44, Paragraph H allows the Board of Appeals to grant a special permit for drive-through restaurants in conformance with Section 180-11. 8, The Board has found that the requested special permit shall be in conformance with Section 180-11 of the Zoning Ordinances. 9, The Board has found that the specific site is an appropriate location for such a use. Pride Convenience, Inc., Page 2 Case# 1760 10. The Board has found that the use as developed will not adversely affect the health, safety or property value of the neighborhood. 11. The Board has found that there will be no nuisance or potential hazard to vehicle or pedestrian safety. 12. The Board has found that adequate and appropriate facilities and controls can be provided .for the proper and safe operation of the proposed use. 13. The Board has found that the requested 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 the requested relief is within the authority of the Zoning Board of Appeals to grant a Special Permit as stated under Section 180-44, Paragraph H of the Zoning Ordinances. Therefore, by the unanimous vote of its three members, the Zoning Board of Appeals grants the Special Permit subject to the following conditions: 1. The petitioner shall construct the proposed Dunkin Donuts drive-through in accordance with the plans entitled "Pride Convenience Gas Station: Lay-Out and Materials Plan", stamped by Matthew Chase, Professional Engineer, dated September 19, 2006 and signed by both the members of this Board and by the members of the Planning Board. 2. The proposed structure shall be constructed in accordance with all zoning and building requirements. 3. The petitioner shall file with the Registry of Deeds a "Notice of Special Permit" form, which shall be provided by this Board and proof of said filing must be submitted to this Board and the Inspector of Buildings. 4. This Special Permit shall become null and void if substantial construction does not continence within two (2) years from the date of this decision. i' Doreen Prouty Fred Harpin Larry Ho ague TOWN OFAGAWAM 36 MAIN STREET AGA WAM, MA 01001On ... A DECISION OF BOARD OF APPEALS Petition of: Pride Convenience, Inc. f Premises affected: 6 North Westfield Street Date: October 25, 2006 Case#: 1750 The Agawam Board of Appeals conducted a public hearing on May 8, 2006 and a public hearing and meeting on October 23, 2006, at the Library Conference Room,Agawam Public Library, 750 Cooper Street,Agawam, MA, for all parties interested in the appeal of Pride Convenience, Inc. which is seeking a Special Permit in accordance with Sections 180-44,Paragraph I of the Zoning Ordinances, which allow for a"Drive-up Automated Teller Machine" at the premises identified as 6 North Westfield Street. After the public hearings, and after a thorough review of the facts presented, the Agawam Board of Appeals made the following findings- 1. The subject property is located in an area of Town zoned Business A. 2. The subject property consists of a "gas-convenience store" operation which has been owned and operated by the petitioner for several decades. 3. The proposed ATM will meet all zoning regulations. 4. The petitioner submitted a traffic study prepared by Vanasse Hangen Brustlin, Inc., dated July 20, 2006. 5. The petitioner has received Site Plan Approval from the Planning Board for this proposal on September 28, 2006. 6. There was no opposition expressed at the hearing nor received in writing by this Board. 7. Section I 80-44, Paragraph I states " drive-through service windows utilized by any business shall require a special permit from the Board of Appeals in conformance with Section 180-11 V. DECISION, Page 2 Pride Convenience Case# 1750 8. The Board has found that the requested special permit shall be in conformance with Section 180-11 of the Zoning Ordinances. 9. The Board has found that the specific site is an appropriate location for such a use. 10. The Board has found that there the use as developed will not adversely affect the health, safety or property value of the neighborhood. 11. The Board has found that there will be no nuisance or potential hazard to vehicle or pedestrian safety. 12. The Board has found that adequate and appropriate facilities and controls can be provided for the proper and safe operation of the proposed use. 13. The Board has found that the requested 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 the requested relief is within the authority of the Zoning Board of Appeals to grant a Special Permit as stated under Section 180-44, Paragraph I of the Zoning Ordinances. DECISION, Page 3 Pride Convenience, Inc. Case# 1750 Therefore, by the unanimous vote of its three members, the Zoning Board of Appeals grants the Special Permit subject to the following conditions: 1. The petitioner shall construct the proposed ATM in accordance with the plans entitled "Pride Convenience Gas Station: Lay-Out and Materials Plan", stamped by Matthew Chase, Professional Engineer, dated September 19, 2006 and signed by both the members of this Board and by the members of the Planning Board. 2. The proposed structure shall be constructed in accordance with all zoning and building requirements. 3. The petitioner shall file with the Registry of Deeds a "Notice of Special Permit" form, which shall be provided by this Board and proof of said filing must be submitted to this Board and the Inspector of Buildings. 4. This Special Permit shall become null and void if substantial construction does not commence within two (2)years from the date of this decision. -26•0b 01774 Doreen Prouty 14z a Fred Halpin Larry o gue Town of Agawam • 36 Main Street Agawam, Massachusetts 01001-1837 0 MA Tel. 413-786-0400 Fax 413-786-9927 October 2, 2006 h v- Robert Bolduc Pride Convenience, Inc. y c 246 Cottage Street to Springfield, MA 01104 oo Dear Mr. Bolduc: At its duly called meeting held on September 28, 2006, the Agawam Planning Board voted to approve the Site Plan entitled: "Pride Convenience Gas Station, 6 North Westfield Street, Feeding Hills, Massachusetts, Layout and Materials Plan" prepared by Vanasse Hangen Brustiin, Inc. and dated September 6, 2006, revised September 14, 2006 with the following conditions: I. An entrance sign is to be mounted over the rear door. 2. All traffic markings are to be thermoplastic. If you have any questions, please do not hesitate to contact the Planning Office at 786-0400, extension 283. Sincerely, Dennis B. Hopkins, Chairman Agawam Planning Board cc: Clem Board of Appeals Building Engineering File TOWN OF AGAWANI A 36 AMEV STREET AGAWAM, AL4 of 001 - � p� r BOARD OF APPEALS4;iu�x� Case Filed Hearin -Application to Board of Appeals for SPECIAL PER14iIT' as prodded in the Zoning and other By-laws. f Applicant k r:g Address Application is hereby made for SPECIAL PERMIT' as provided by Section Paragraph of the By-law. Premises affected are situated on _ 6, 4 wi Street; feet distant from the corner of C Street and known as street number Property is zoned as _ -o6 _ - _ ` y C f'T7 �^ 7J Q A c.n a -0 T- Signature of owner or his authorized agent NOTICE: THIS APPLICATION MUST BE HLLED OUT IN INX OR TYPEWRITTEV FA R Town of Agawam Assessor's Office 36 Main Street, Agawam, Massachusetts 01001-1837 Tel. 413 - 786-0400 x 205 Fax 413 - 786-9927 Email: assessor@agawam.ma.us July 19,2006 Mr. Robert Bolduc 246 Cottage St. Springfield,MA 01104 Dear Mr. Bolduc: RE: Abutters list for 6 North Westfield St.,Feeding Hills - (E10-2-17) The attached abutters list for the above-named property has been certified with 24 abutters. If you have any questions,please call. Sincerely, Linda M. Mornea MAA Assessor M * Page of Town a ofAgawam J, 40, 36 Main Street Agawam, Massachusetts 01001-1837 ' °qp MPS t Tel. 413-786-0400 Fax.413-786-9927�a' c -n w3 DATE---,, �b O CERTD+ICATTON OF ABUTTERS LIST PROPERTY LOCATION: !v aN MAP # /D BLOCK# c,2, LOT # CONTACT PERSON NAME; CONTACT PERSON- ADDRES S 1r11•1 1417 CONTACT PERSON - PHONE NUMBE c� ABUTTERS + Black#Name: a # Lot# - _ �-- J Address of property: Address of 0-"mer: Name: Map# D10 Block# 1_ Lot#�` Address of ProP ert 1 Y Address of Owner: t\Jrh-,?4T,, yj,j,-AeJ A '5�+ . -t��Aln 01 44-) 1 ��D '�D Page of ABUTTERS Name . i J . Mag# Block# Lat#- ' V/ Address of property �l Address of Owner: -3 2"h Nam ° C.r Mapi� Block# Lot# Address of property: A EJ c4� Address of Owner: Name: Map# Block# Lot#t---- Address of property : In Address of Owner: 4 Ae- ? Narnt 0111 Di3m Ip Map#_ Block," sa —Lot# Address of property: - -1 Address of Owner: 1 — j Nam'e;�: J Ma # Block# Lot# Address of property Address of Owner: 3 A N � s L'— Map# Block-# �— Lot#f 14— N/ Address of property W L Address of Owner,�� b 6J r O 7 1 rage of ABUTTERS N J'�C_ Map# Block# Lot# _ Address of property : AnA �je �iA Address of Omer: Y ame: VIOf !' # Block# E ap Lot# Address of property Address of Owz3er: t�-7 Name: MaP#�5 D Block# Lot# J Address of roe f P P rt3' Address of Owner: Narneu k IMap# Bloch Lot# Address of property: Address of Owner: Name: Maps-�b 5-- Biock#i�,Loth Address or ope;r Address of Owner. Name: Lj=P,.� — Map# + Bloch# 5 Lot# �J JAddress of property, ej Address of Owner: d rage _ of ABUT rERS Name . Ma Block# Lot# p Address of proper*�- --A/�, 0,"" e.tA i�� Address ofOv er: 1 Name 'Yl Map## Bloc k#_mat# j Address of property : Address of Owner: fn A0 Nate: j Map# Block# Lot# Address of property : Address of Owner: f �� Name: IK P11 L Map# Block# Lot# Address ofproperty: Address of Owner: Nam Ar MaP#� Block# Lot# Address of property Address of Owner: WILV6 �11& na C °P�no-ln-ls Nam U Map# Block# Lotrr , Address ofprop".- Address of Owner: 1Vl lt��a -0 page of ABUTTERS Name A �` Map#_ � Block#Kf�aoO 1 Address of property . Address of Owner: Nam Map## Block# -Lot# ___ . Address o property : ?D I Y,/1:8 Address of Owner: ► i Q �� NamC JMap# Block# . Lot# Address of roe -� f F P �Y " Address of Owner: __ / 9 ) D 3 . Nam Map# Block# Lot# Address of property: Address of Owner: ku f f 21/'0157 Name: Map# Block#— -_ -Lot# Address of prop erty : Address of Ovi er: Name. Map# Block# Lot# Address ofproperty: Address of Owner: l •. '- - 111)l(1�U1IpI1r7� 1L fy] P1Q�iTfIl�� e 7:InrGV.nE T?rr� wn::r[A•Ire ui:rar f+,:4:•rrGUr--1.1 Lilu� ..Vurc+:%+'"' J 3� k'f KNOW ALL MEM I3Y THESE PRES�NTS TI' r WE, Robert L. Boldud and Roberta B. Bolduc ek l(e't- r.; 277 Ardsley Road, Longmeadow, llampoen %c:aaty',T+ta;';-rc'ir;�,F:!+. SEE ` c �e.] ' t�'w�'r� r�' Jtl rn lu�eGe=Jt� IiRn of.tie exgI mite', farms story r r Jt;Xxy u d-�v - t - - " -:of'Pride.Convenience `Ina. � L ; „•, i '•al,rrl PRIDE CONVENIENCE INC. r,fwith a=.l.�trr,lnl1; ti�rst'tt:t:i 246 Cottage Street, Springfield, Hampden County A. if 0 2. _ (i7,x•J lyttr:lr:41�uru:iru:x ti it c'TI - .� -. � See':Prop.er'ty'DescrxpE onx Attacltied Hereto. .� _- _ . . . . � � :tom• {s Q11 . -1diii[ite:t� onx k!Il.cts an,! sC:rls ...........December ..r.�i6• jay �^+,� ................................................................................. -. ... .. - -:.............. Ro r L. Bo O w;� . . } 110berta S. Bolduc .......... .................................... .......................... .........................................-......- ........................ t`L1Ir {41Jurl:lututlertl111 Lit AuoAtlftturfts ! liiu•i�iii:iV, Ss. _ DecembeI T Thell lictsoually app"red dic ;tliot•c mumd Robert L. Bolduc and Roberta 5. Bolduc :tilLl :L[ 11tiLY�Z'rigcd dic fmcgoing his(tamClll in lac their 1-tce act mud dt• brFxse rat•. - 1 ��✓ r F re' James F.. Q i lly, r•r.•t[�A folic—j"Utr-vCrrF��?�c� T'•r.Cu•a.nis;oo exf-,res- (xlr:..iieidual--jti.'e•1 Tcxiilts—'1•erxlrs in Colmmeti.) APIT-n C9;.'!`r:,::15.A.NV-.NV i;M. itfr5!"rut-191 UP!?:}. 1_.r Z•,�e.f t:rrsa.eel J�.:ra'uel i!sal'_a"t•*•+>:•'r1,z•t."?.u:ti•,�1 ••i'•1:::1 Ag talc rule:.^. rc:idultc.I:.r tw<.r.:p':LIJUM lk;t% rr irir_: - x-•i m!fit nrr�;t•r!4rl.e(rill:,asvlr>st%r.r Ilra+[4 iq rlaa.r. Sa 0-r•.cr,re art:i•e,Aire: r yls:-!eeaurnr G t.^riaf.?f real :rrd r_r sti:ds:�r•r:rls.rp _rr r, 7lm(I'll co:..id.:e�ri,._I:421L mean$W--'_11::i.•+i.:m-r:rea .u,:b:a,•:ex rtst,+rsi;e, I:w�r.:arr- tr rC:•r,:ir.-•q; •:•s .•!: r!• ...ir•:>r•:�c•<•+1••.!r.••l:li•.•_'.!•!i,:rnp:inl ne _ r,r.rr.•Js'•'•Mq.: .rr.1.if.rt':.1r N r.;i,.��%.'.. -. :a:. 'rrt e.e} ,1•..5,, ,r ,. r. •I:�.. �rr.,+..'ct-t•d•r-S(..r.-... ... -. �f • :a,.•a'lw•..-i:Js':r .«.i�.ir-..... •t==i? .-.:,ri- - CY�� '• M9681i9 FAWQ85 PARCEL Ix _;� GYx-:.= Ail The :land in that. pa t of t?te Town of Ag�t am linown`as Feeding G' stills, nampden County, Flassachusetts; bounded and described as , f follows- x Beginning -at a point in the northerly line of Springfieldstreet-, said point being 'the southeasterly corner of land herein described, thence running _ N_ 86 22' S�. ajoaq--the northerly line of Springfield Street, .fF. 1'42.20 feet to a bolt marking the intersection `1 of the northerly line of Springfield Street, ., and the easterly line of North Westfield- reet,-'-tine running- N. 14 481 TAT. along the ' easterly line of North Westfield Street, 2_31 feet to a bolt; thence running :,m. 14 18' E. along the easterly lime of North Westfield Street, 82.65 feet to a pipe; thence running 5. 87 19' 30"• E. along land now or formerly of Allan, 128;83 feet to a pipe; thence running. " `"S. 4 '25' 39"' 2. along land now or Formerly of Kellogg, 85.58 feet to the point of beginning. FRCUTING so -much therefrom as was taken by., the Town of Agawam by instrument gated I-lay 1, .1984 and recorded in the Ilampden " County Registry of Deeds in Book 503, Page 317. Being the same premises conveyed to the Grantors herein by deed a.° of Norma Noble Noyes, et al.s -dated February 25, 1982, recorded in the [sampden County registry of Deeds in Book 5224, Page 342, except for the above noted exception_ Property addres 1380 Springfield Street V" eding Hills; liassachusetts y `r REl- DEC 31 f�u6 IV AT 1 1 ln,.to D REDO MOR TIL Sin,��tiJ n \/e n r en C- y�ta A TOWN OF AGA WAM �a 4� 36 MAIN STREET AGA WAM,, MA 01001 BOARD OF APPEALS NOTICE OF WITHDRAWAL July 21, 2006 Z CASE#: 1750 L, m > C APPLICANT; Pride Convenience, Inc. sv 3 0 ADDRESS: 6 North Westfield Street ]> n )' z4 rn I respectfully request permission to withdraw the above application from further consiffe'ratFOn of the Board of Appeals. r f ! 1 r Pamela Mastro'anni Business Dev lopmen Manage x n V n o VP crs rn BOARD OF APPEALS PUBLIC MEETING June 12, 2006000015 The following members attended the public meeting: Doreen Prouty, Chairperson Fred Harpin Vice Chairperson Larry Hoague, Acting Clerk Joseph Conte,Alternate Betty Manchino, Secretary 1. Elwin Jock Case#1748 The Agawam Zoning Board of Appeals held a public hearing on June 12, 2006, at 6:00 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam,MA, for all parties interested in the appeal of Elwin Jack,who is seeking a Special Permit in accordance with Section 180-71,which would allow for the reconstruction of a residential dwelling significantly damaged by fire found to lie within the flood plain at the premises located at 56 Debra Lane. Chairperson Prouty reopened this public hearing at 6:12 P.M. Members sitting on this case were Doreen Prouty, Fred Harpin and Larry Hoague. Mr.Jim Daley and petitioner Elwin Jock were also present. Chairperson Prouty read into the record a letter Mr. Daley submitted to the Board. She also stated she spok@,with the Building Inspector, and they both spoke with Richard Zingarelli from the State Office$f Urban Affairs to see what FEMA regulations were on this water level for the land at Debra Lane. They were told that the State regulated water levels, and the Town is allowed to intensify its own regulations on flood plains. FEMA sloes not supersede Town/State laws as discussed at the previous public hearing. After speaking with the building inspector, it was determined that Mr. Jock must build his foundation as stated in the 100 year flood plain, which would mean increasing his foundation four feet. The Board was sympathetic to Mr. Jock, but in order to rebuild this,structure, he must meet all the zoning requirement for the 100 year flood plain. Chairperson Prouty explained the 20 day appeal process and voted to go into a public meeting at 6:37 P.M. Chairperson Prouty made the motion to approve this permit as long as the basement floor is elevated to the 100 year flood plain level. Member Hoague and Harpin voted to agree on this motion. The members agreed to the usual conditions placed upon a Special Permit. The public meeting was closed at 7:41 P.M. 2. Byron Zinn& George Cone Case#1.753 The Agawam Zoning Board of Appeals held a public hearing on June 12, 2006, at 6:30 P.Mok the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam,MA, all parties interested in the appeal of Byron Zinn and George Cone, who are seeking a Species Permit in accordance with Sections 180-7, Paragraph B2 of the Zoning Ordinances, which wvpld allow for an addition to a nonconforming residential structure with less than the required sid� yard and front setback located at the premises identified as 48-50 South Westfield Street. w C= F &0 QAA 2 June 12,2006 Chairperson Prouty read the legal ad and explained the procedure to be followed. The members sitting on this case are Doreen Prouty, Fred Harpin and Larry Hoague. Chairperson Prouty stated this plan was pretty clear cut. The petitioners were just requesting the building of an addition on top of a current addition with a pitched roof. Chairperson Prouty explained the 20 day appeal process and closed the public hearing at 6:53 P.M. and went directly into a public meeting. Chairperson Prouty stated since they were not extending the footprint of the building, that this plan should be accepted seconded by Hoague and Harpin. All guidelines were read into the record. Chairperson Prouty called for a vote to grant this Special Permit. Member Harpin voted yes, member Hoague voted yes and member Prouty voted yes. The members agreed to the usual conditions placed upon a Special Permit. Chairperson Prouty closed the meeting at 7:00 P.M. 3. Pride Convenience, Inc. Case #1750 Chairperson Prouty reopened the public hearing for Pride Convenience, Inc. at 7:05 P.M. Sitting on this case were Doreen Prouty, Fred Harpin and Larry Hoague. Travis Ward, member of the Planning Board, was present to explain how the Planning Board is working with Mr. Bolduc on the plans for the automated teller machine. The Planning Board realizes the property owner has work invested on this property and they are trying to improve concerns of congestion, bottle necking and parking spaces, with Mr. Bolduc. The Planning Board is not rea�y to say no to this ATM proposal,but are trying to work with Mr. Bolduc, and when the Planning Board has reached an agreement,the approval will be sent to the Board of Appeals. Chairperson Prouty rescheduled this public hearing until July 10,2006 at 7:00 P.M. when Mr. Bolduc has had time to meet with the Planning Board. Speaking against this proposal was Lynette Williams, stating if the ATM is opened, there would be more traffic at this site. 2. Acceptance of the minutes of May 22, 2006. 3.Chairperson Prouty asked if there was any other business to come before the Board. There was none. Member Prouty made a motion and it was seconded by member Harpin to close the meeting. All were in favor, none opposed. The meeting was closed at 7:47 P.M. r BOARD OF APPEALS PUBLIC MEETING May 8, 2006_ The following members attended the public meeting: Doreen Prouty, Chairperson Fred Harpin, Vice Chairperson C-' Gary Suffriti, Acting Clerk Betty Manchino, Secretary f Chairperson Doreen Prouty opened the meeting with a moment of silence in remembrance of,. - Attorney Locke. 1. Pride Convenience, Inc., Case#1750 Continuance of public hearing for Pride Convenience, Inc. The public hearing was reopened at 6:00 P.M. Sitting on this case were Chairperson Doreen Prouty, Vice Chairperson Fred Harpin and Acting Clerk Gary Suffriti. Mr, Bolduc, owner of Pride Convenience, explained to the Board that Peoples Bank were the ones to apply for this permit. Mr. Bolduc thought that his original permit was substantial enough to open this drive through window as when his initial permit was granted he applied for this permit and all underground construction was part of his original permit. The Director of Planning indicated that they did not have to come back to the Board for another permit but the bank wanted to make sure everything was done correctly and that is why they applied for the permit. Chairperson Prouty stated that two weeks ago the Board sent a letter to the Building Inspector to see if it was necessary for Pride to come back to the Board for another special permit. Chairperson Prouty read the letter from the Building Inspector into the records. Mr. Urbinati stated that in 2001 Pride had applied for a building permit but the drive thru was never finalized during the building process and no electrical,plumbing or building permits have been applied for in the past six months, so that the two year limit on their initial Board of Appeals permit has lapsed and it was necessary for Pride to apply for another permit. Mr. Bolduc thought Mr. Urbinati was wrong because the plumbing and electrical permits were part of the original building permit. Chairperson Prouty stated that Mr. Bolduc would have to submit his plans to the Planning Board for approval. He has two options, either to continue his public hearing and apply to the Planning Board or withdraw his decision of appeal. Chairperson Prouty stated that the Safety Officer has submitted a letter to the Board saying this drive up window would be a safety hazard and that entrance and exits to this window would have to be diverted to one way in on Springfield Street and one way out on North Westfield Street. He also stated an extra crossing guard would be necessitated during school hours to protect crossing students and that an off-duty police officer might be needed to handle the extra traffic congestion. Speaking in opposition to Mr. Bolduc's application was Lynette Williams, 42 North Westfield Street. She stated a drive-up window would cause horrendous traffic accidents. There is enough of a traffic problem at that intersection with just the sale of gasoline. Mr. Bolduc said that he would submit his plan to the Planning Board and requested a continuation of this public hearing. r Page 2 May 8, 2006 Chairperson Prouty said she would notify Planning that this case will be coming before the Board and voted to reschedule the public hearing until June 12, 2006 at 7:00 P.M. Chairperson Prouty made a motion to continue the public hearing and it was seconded by member Suffriti. The public hearing was closed at 6:42 P.M. 2. Agawam Auto Mall Case#1752 The Agawam Zoning Board of Appeals held a public hearing on May 8, 2006, at 6:30 P.M,, at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Agawam Auto Mall, which is seeking a Special Permit in accordance with Section 180-7,Paragraph B2 of the Zoning Ordinances which would allow for the expansion of a non-conforming business at the premises identified as 825 Springfield Street. Chairperson Prouty read the legal ad and explained the procedure to be followed. Members sitting this case were Doreen Prouty, Fred Harpin and Gary Suffriti. Mr. Matt Falkowski of 371 Springfield Street,Feeding Hills,MA was representing the Agawam Auto Mall. Currently Mr. Falkowski operates Falcor Motors on Springfield Street and wishes to open another used car lot. Mr. Falkowski explained that they need to come to the Board of Appeals for the transfer of license of Mr. Mason and to request the number of cars to be sold on this lot be increased to 26 instead of current number of 18 cars. Member Suffriti stated that this transfer would make improvement to the current operations at 371 Springfield Street. Faye Borgatti, 32 Kensington Street brought current pictures of the eye sore of the current property and wanted to see.plans of improvement to the area. She questioned if any auto repairs would be done on this site which would mean more noise generated as she currently contends with noise on the liquor establishment on the other corner of the street. Mr. Falkowski state that no onsite repairs would be done on this auto lot. Mr. Paul Cook of Witheridge Street had written. a letter on May 4r'`, 2006 to the Board and it was read into the record. He also was in attendance to see what the future plans for this business would be. On the current plans there is s site for.a dumpster and Mr. Suff iti said they should keep this on the plan in case the owners should need the facility for a future spot and if this is utilized it should be enclosed by a stockade fence. He also was questioned by Mrs. Borgatti if this is established,what time of day pickups would be made from this dumpster. Member Suffriti told Mr. Falkowski that pickups from this dumpster should be made at a reasonable,hour. Mr. Falkowski added that the planned hours of operation of this car lot are Monday thru Friday 9:00 A.M. to 5:00 P.M,. Saturday 9:00 A.M. to 3:00 P.M. and on Sunday 12:00 P.M. to 2:00 P.M. Mr. Suffriti stated that the other lot they operate, Falcor Motors is one of the best dealers professionally run and operated in town. The Board went into a public meeting at 7:15 P.M. and Chairperson Prouty made a motion to accept this permit with the usual conditions,build according to plans, the dumpster to have stockade fence surrounding it, allowing 26 cars on the lot, any changes in plans would have to come back to the Board of Appeals,they must meet all:State and local:building codes, and the outside dumpster would have regulated hours of being emptied from :00 A.M. to 7:00 P.M. _ Page 3 May S, 2006 The vote was as follows: Chairperson, Doreen Prouty yes Vice Chairperson, Fred Harpin yes Acting Clerk, Gary Suffrid yes The public meeting was closed at 7:30 P.M. 3. The Board had a discussion regarding the protocol for wireless telecommunications permits and agreed to amend their rules and regulation to do this. At the next meeting they hope to vote on the new rules and regulations. 4. Chairperson Prouty asked if there was any other business to come before the Board. There was none. Member Prouty made a motion and it was seconded by member Harpin to close the meeting. All were in favor,none opposed. The meeting was closed at 7:40 F.M. BOARD OF APPEALS PUBLIC MEETING April 24, 2006 , The following members attended the public meeting: Doreen Prouty, Chairperson . s Gary Suffriti, Acting Vice Chairperson Larry Hoague, Acting Clerk = Betty Manchino, Secretary 1. Bell Atlantic Mobile of Massachusetts Corporation, Ltd. dba Verizon Wireless, Case#1749 The Agawam Zoning Board of Appeals held a public hearing on Apri124, 2006, at 6.30 P.R., a the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MAjA Dr all parties interested in the appeal of Bell Atlantic Mobile of Massachusetts Corporation,Lt .` dba Verizon Wireless, which is seeking a Special Permit in accordance with Sections 180-9K though 180-103 of the Zoning Ordinances, which would allow for the installation of wireless communication antennas and equipment to an existing tower at the premises commonly known as Oak Ridge Golf Course and identified as 850 South Westfield Street. Acting Chairperson Fred Harpin read the legal ad and explained the procedure to be followed. Members sitting on this case were Fred Harpin, Gary Suffriti and Larry Hoague. Attorney Ellen F'reyman represented Verizon Wireless. She stated that Verizon Wireless was seeking an amendment to the Special Permit granted a few months ago. The original plans were for a 129 foot tower level and when they were starting construction, it was noted that the tower needed to be at a 137 foot level for the proper elevation. All the plans are the same as on the original permit except for this increase in tower level. Acting Chairperson Harpin made a motion to accept this amendment to the original permit and members Suffriti and Hoague made the vote unanimous. 2. Pride Convenience, Inc., Case#1750 The Agawam Zoning Board of Appeals held a public hearing on April 24, 2006, at 7:00 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Pride Convenience, Inc. which is seeking a Special Permit in accordance with Section 180-44,Paragraph I which would allow for a"Drive-up Automated Teller Machine" at the premises located at 6 North Westfield Street. Chairperson Prouty stated that the petitioner, Mr. Bolduc requested a continuance to May 8, 2006 at 6:00 F.M. A motion was made by Chairperson Prouty and seconded by member Harpin to continue the hearing. 3. Chairperson Prouty made a motion to go out of sequence and the minutes of March 13, 2006 meeting were approved by member Harpin, member Suffriti and member Hoague. 4. Jeffrey E. Smith, Case #1751 The Agawam Zoning Board of Appeals Meld a public hearing on April 24, 2006, at 7:30 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam,MA, for all parties interested in the appeal of Jeffrey E. Smith,who is seeking a Special Permit in accordance with Section 180-7,Paragraph B2 of the Zoning Ordinances to allow for an addition to a residential dwelling with less than the required front set back located at the premises identified as 207 North West Street. Page 2 April 24, 2006 Chairperson Prouty read the legal ad and explained the procedure to be followed. Members sitting this case were Doreen Prouty, Fred Harpin and Gary Suffriti. Mr. &Mrs. Jeffrey Smith, the petitioners were present to submit their plans to the Board. When they purchased this house they had plans to build an addition to expand the house sideways. They have plans to demolish existing residence leaving the foundation and deck and rebuild house. They plan on doing their own renovations. Their architect, Mr. Frasco of Main Street, Agawam was present. Chairperson Prouty questioned on the ability of the septic system to handle this expansion and Mr. Smith stated the former owners had updated the septic system. Chairperson Prouty read into the record two letters received from residents in favor of this addition. The letters were from Mr. Einzig and Mr. Tassinari. Chairperson Prouty closed the public hearing at 7:45 and the Board went into a public meeting. Chairperson Prouty made a motion to approve this Special Permit and it was seconded by Member Suffriti. Chairperson Prouty explained the 20 day appeal process. 3. Chairperson Prouty asked if there was any other business to come before the Board. There was none. Member Prouty made a motion and it was seconded by member Harpin to close the meeting. All were in favor, none opposed. The meeting was closed at 7:50 P.M. 5rK A, ADAMS & RLJXTOfV QUALITY CONSTRUCTION AND SERVICE SINCE 1909 COWSTRI.ICT(ON Ct3mPANY 6013 UNION STREI=r, P.❑. Brix 39❑ WEST SPRINEWIErLO, MA 011190 PHONE (413) 734- 21 3B FAx(41 3) 734 -B 1 36 LETTER OF TRANSMITTAL Date: February 16,2006 To: From: Town of Agawam Andrew Touchette 36 Main St. Agawam,MA 01001 Phone: Fax: Project: Pride Convenience Store ATM 6 North Westfield Road Quantity Dated Description 3 Application to Board of A for Special Permit 3 Certifred Abutters List 3 Deed of Ownership 3 Copy of 2001 Decision of Board of Appeals 16 Site Drawings 16 ATM Detail Drawings Comments: Town Of Agawam, We are submitting this package to initiate a public hearing to review the possibility of locating a drive-up ATM at 6 North Westfield Road. This location was approved in 2001.However,this approved Special Permit became null and void in 2003 when construction did not begin. Would you please notify the following parties as to when the date,time and location of the public hearing will be held? Pride Convenience Stores 246 Cottage St Springfield,MA 01104-3274. Attn.:Robert Bolduc @ 737-6992. Colebrook Realty Group 1441 Main St. Springfield,MA 01104. Attn.: Carmen Perez @ 781-0066. Adams&Ruxton Const. Co. 600 Union St.West Springfield,Ma 01089. Attn.:Andrew Touchette @ 734-2138. We appreciate your assistance in this matter. Andrew-Touchette C co Cc: Job File �. TOWN O.FAGAWANI q 36 NLIFIV STREET'" 9 AGAWAM, MA 01001 3 ' BOARD OF AP.P'EA1 S �D May Case # Fred Hearin Application to Board of Appeals for SPECL4L P.JRNfIT as provided in the Zoning and other By-laws. Applicant �� Cov4v .mot c �+��• Address Z �-ctAc,� S7 ,� r-c , CAW Application is hereby made for SPEC'LA.L PMV.I as provided, by -3z74 Section t$o- ' A Paragraph Z. of the By-law. Premises affected are situated on Mo[�-_rk4 Street; v feet distant .from the corner of Street and known as street number 6 Property is zoned as Bps j 1�j Er,s A I QC .AT 6 NZRIH L c,Amov As St-tid�,.. ON _DRA'W N"46es k:Bits Pr��,L�p b ,s UP AJILk V , _8 koc��1b Al _" "U a.4,_%T Z, i ANaV, �21�,o�k7Cy .�fR,��rLk- P.,Ti -- 4-#i�ub. 8�E►s G cT�aTo�(Kz ) SAFts .A�,p A�b%9LLIa 3 6 Z any v C un�+-� Ac.E. A SAF-r- L P� m� 1.�1 s a�7` .t _`P�R,t►bSE DfJ MAY 2S, ZOD� A c a Signature of o-wmer or his authorized agent NOTICE: THIS APPLICATION MUST BE FILLED OUT IN INK OR Tiq�EPWRITTEN r-- Town of Agawam Assessor's Office 36 Main Street, Agawam, Massachusetts 01001-1837 MAC` Tel. 413 - 786-0400 x 205 Fax 413 -786-9927 Email: assessor@agawam.ma.us February 9, 2006 Mr. Andrew R. Touchette Adams& Ruxton Construction Co. 600 Union St. West Springfield, MA 01089 Dear Mr. Touchette: RE: Abutters list for 6 North Westfield St., Feeding Hills(E10-2-17) The attached abutters list for the above-named property has been certified with 24 abutters. 1f you have any questions,please call. Sincer y, Linda M. Morneau, MAA Assessor Page 1 of 1 Abutters To Parcel E10 2 17 PRIDE CONVENIENCE INC Q/D,3p 246 COTTAGE STREET SPRINGFIELD , MA 01104-4002 PID; E10 2 22 PID: E10 2 14 PID: E10 2 21 PID: E10 2 9 J&J AGAWAM REALTY / ST MARIE ENTERPRISES INC ! COYOTE REALTY LLC BRAGARAUS LLC ASSOCIATES L V 363 TREMONT ST J 7 MOSHER STREET '� 60 NORTH WESTFIELD S 98 CUTTER MILL RD SPRINGFIELD , MA 01104- WEST SPRINGFIELD, MA FEEDING HILLS , MA 010 GREAT NECK, NY 11021- 1725 01089 2150 3006 PID: D10 122 PID: E10 2 13 PID: E10 2 11 GUAY TIMOTHY M PID: D10 1 20 ST MARIE ENTERPRISES INC J BOTTA CARMEN A 45 NORTH WESTFIELD 1 DE PALMA REALTY INC STREET 363 TREMONT ST 44 NO WESTFIELD ST SPRINGFIELD , MA 01104- 65 THISTLEDOWN FEEDING HILLS , MA 010 FEEDING HILLS , MA 01030- 1725 SUFFIELD , CT 06078 1606 1672 PID: E10 2 12 PID: D10 1 21 PID: E10 2 15 JASSELIN RICHARD R TR& I FEEDING HILLS WILLIAMS LYNETTE A CAROLE A ,r 21 NO WESTFIELD ST J 14 NO WESTFIELD ST 1981-118 MEMORIAL DR FEEDING HILLS , MA 01030- FEEDING HILLS , MA 01030- CHICOPEE , MA 010204322 1672 1606 PID; E10 2 20 PID: DID 1 19 PID; E9 2 2 PID' E9 2 3 / ST MARIE ENTERPRISES INC J DEPALMA REALTY INC J TOWN OF AGAWAM COYOTE REALTY LLC v 1385 HANCOCK ST 65 THISTLEDOWN 36 MAIN STREET 7 MOSHER STREET QUINCY , MA 02169 SUFFIELD , CT 06078 AGAWAM , MA 0100I-1825 WEST SPRINGFIELD , MA 01089 �zsa 3r� / PID: E9 2 4 PID: E9 2 5 PID: E9 2 6 PXQ; D9 6 12 J PALATIUM REALTY INC j PAL.ATIUM REALTY INC PALATIUM REALTY INC SUN COMPANY INC. 65 THISTLEDOWN 65 THISTLEDOWN d 65 THISTLEDOWN J 1801 MARKET ST SUFFIELD , CT 06078 SUFFIELD ,CT 06078 SUFFIELD , CT 06078 PHILADELPHIA, PA 1910 PID: E9 2 13 PID' 09 6 13 PID; D9 6 8 PID: D9 6 10 V TOWN OF AGAWAM r NOLAN PATRICK S S & L ASSET MANAGEMENT CALVARY ASSEMBLY 36 MAIN ST J 776 WESTFIELD ST CO J 34 MEADOW ST AGAWAM , MA 01001-1825 WEST SPRINGFIELD , MA 1000 WILBRAHAM R❑ WESTFIELD , MA 01085- 01089 SPRINGFIELD , MA 01109 3245 PID: D9 6 9 3AMES ELIZABETH L.T. 30 SOUTH WESTFIELD ST FEEDING HILLS , MA 01030 ��t o�t� a rn • yn o� . v,$ . rage of ABUTTERS f Name : T+7 A ate,^ a�1y 5s�,. 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Na�kt,CX-S-T RSA(,Es'i'gTft,-rft b l Name: "P�+•�.�a�n u r-� 1L ��: 5..,�c�• Map# c 9 Block# Z- Low r Address of property : 5T _ F••N- �.t,'t A Oi O 3a -- Address of Owner: _ —10gd_ �44u-Abky Ave 5QFFiE,,-a C,-r �0�,078 - ^ Name: c w O t`' Ac--Aw p,? ti e 9 BIock# Z- Lot# Is Address of property: St Sc w 4 eSTR&,b Srt 9 AO t o3a Address of owner; 36 tA Sz M A 0 1 ao( " SZ5' rage ..?- ate_ ABUri rERS Name : �A ,S e�i $tags L•T ap# _ Block# Lot#�r Address ofproperty : _ 20 So-'TN I JMTFt&LLb_5�;. �ac`ta+U�- HA o za 30 Address Of Owner: ,�i•4.L i / Name: 5T. F�ir�cz,�casra S X,c, . Map# 10 Block# Z Lot# l4 J Address of property — 2 L.�es7fdC .`Jr• _ F. l-i Ha o io 3 a Address of Owner: 3 6 3' ikg�.co Lkir_Sr, 5p/u st�b t-1.4,. 01 b4,l 7 Z .,_. Name: E% • ti Lam. E 1.4G. Map# L=10 Block# Z Lot# 3 Address of property • 3 Z moWM' . -L S t t� S�, _ __ F_1-1•_ t"A+ - b 1 D30 -- - r Address of Owner: Name: t=EEb i►,l& t U-c— Cc mG.. GHu u,+1 Map# `1> 10 Block#�_ Lot# Z 11 Address ofproperty: Zi ro�'�k+ 4--�' TFrEt-� t=eenr��• r��s� M4 0f03o-lb7Z Address of Owner: s.a Dame: E`Pa4.�-+A -P-e&L::r`,I -xi i c Map# --P 10 Block# 1 Lotm 443 2e Address of property 5 N OryrtA_1„O F r��,� 5 T. _ F. R. , MA U 103C, Address of Owner: _i 09d Ave-- S 1.3 F F, G-T ab 078 — Name: TAL-A, 2E4�-z -t. e. Map;`J, Block# Z Loth` � r M Address of property:Y� _ 5d %;j6*tfi\.t ST. . -- Address of Owner: _ .1090 SAu-Ab"�Av'Lw_� . _So 6Ft LL.Di CT 06o ZS ABUTTERS Name : Attt,vC r . 5 • jv�t.,a`►,� # _1 9 _ Block# Lot# r3 Address of property : '.3 So uT}a�..ttt,�C ST. F.1J. Yi o 10 30 AddressafOwner: 77� 1,.��'sTie�� . Esr PJzt�be MA 01089 Name: COIMTe P-8-AVty Map# �� Block#?- Lot#? Address of property : 40- l 3 4-Z A Address of Owner: 7 MosHER, '5rT bt089� Name: +•a Y _A • 4.1� ,��-�5-- .:_ :_ Map# 10 Block# Z Lot# 15� Address o ro 4 1,40R.T}� �,J&SZ'F1e L .� �. �, F'l,4 bt030+ 1,606 s fr rcrty � _ - - - ._.- T - ,- 1 ..� Address of Owner: Name: —to OF -jA-al ,�L"1OP- Hd i L-44 Map# E 9 Block# 2 Lot# 2 Address of property: 1305 5 ,�G-Ft .D S-r. Z. O t O3O Address of owner: (c H A.L ST. AGAWA�-% " C100 1- 1 Z Name: "C- _ Map# G 9 Block# Z Lot# 6 Address of property : _ 1 3S9—Z_P ►jGF1eCr> _ 5�i: r,, HA_ 01030 Address of Owner: I Oq O 4,u-,bA.V �v _ ?'�Fl , GT- 060 26 - Name: S i- L_ WIsr Map## :L> 9 BIock# 6 Lot# 8 f Address of property: o Xri4 lr_ 8,S7FI&-b 5T• N , t-tA 02030 Address of0wner: j 0oo 14/tzrtAIAAM ,� S F«ta) ,i �_tA 0t t09 rage otI_ ABUTTERS Nam : LL C- c © F'TLfts FttaT Z-4f, MV# L 10 Block# Z Lot#r� Address of property : 6fl ij c>-Rxvt AJ Gs 'r-i tv,,b ' 5 t- r+l HA b t O 30,- Z 1 So Address of Owner: S A4-t-Ft Name: CARA-Ae_kW �`• '$o_t'TA . Map# E 10 Block# Z„Lot# L� Address ofproperty • _ _1`!zI>gTH 1.-��sT>=1 C�.b Srt; E• 14 ;� 0103„g-i 1006 Address of Owner: 5 AJI_� Name: _ ��oyo-T1r l?,'66M LLL _ Map# Ea Block# Z- Lot# Address of property . �13Z, 5`PIZ}�•�G'�t�tib Sr,, F. R � MA _ Address of Owner: - k"(M H iC2 ST• „. 6�z 5]m?1_> Ie m A o to a 9 ^� Name: Suti c�..,� - - -►c,. — -- -- MaP# D,>c( Block# 6 Lot# �2 Address of property:6- 0 So F. Ui03a Address of Owner: LL -`Nwa-b�H!k `-pp,. — �a[o3 --7Sg3 Name: CAWA ss e OF CN<7a o Map# _D `7 Block# 4 Lotm 10 Address of property : t S SQ anN 1e jaa.FieuL> ,Et R� Yf-IA_ Ct0ZO Address of Owner: _ 34 l-t �,ADo ua S t . ._ !e� T�� c 1'--tA O 113$5 32-46 Name: _DG_ rKL.MA• Zek,, x�o Map# _P 10 Block* I Lot-4 19 Address of property: _ So yr w i c.t� 5 ; ,— — F. N. , MA 01030 Address of 0wner: /O `�D /� 1 )9v ,G' CL 4240 $ .. •• •., I1l1l1�iJMy�f�(Y� 9 t!t ' ' rFr 3:Ir1•�IIV Ai t)ll Wr1i111,1:1,f Ur:r:fl (Il:f.;'tIV A•l.f.i ul(V �F' M:^ .. 0 7 S. 7 KNOW ALL M13N BY TIJES PRESLNTP TUAT WE, Robert L. Bolduc and Roberta A. Bolduc zk 14k- r.; 277 Ardsley Road, Longmeadow, 11amplden SEE - 1 1 xxv,drr_ 0 Jhpseflpalld ilxhi:I Lonsic"•_tationOf the exchange for stock . Of Pride Convenience Inc. r -als i PRIDE CONVENFENCL TNC. Y 4 'A' 246 Cottage Street, Springfield, Hampden County ))'ilfl l!litfi•:iiiii{ :5cx5sncitax ell (I?c¢.IipG1y1+rrl cptaAl:,r,.,a't:y i!Fr,j•1 . SeeProperty Descriptions Attaclied Hereto. 1, .l� . r. YY i �L i..: If •1 1 r � •i 161 Un't ca7:s{s ;is48............. .{..'1 .............11ay t•f..........December •0.136 ............................................................... ............... A ••.. :.:-•....- ..: F..tG.tu'n` ..-:......... [a •� '� Ro r L. ©o .. Roberta B. Bolduc ................................ . ....................................... ................................. ...... -. ....... 1 (' • t7111�r Lt:lgt:liqulir(ltl!} ,I! A�tuesllxrl�tutr.i� � �ti iii,MMEN, ss_ December 711ca 1lcrsoi1211y apIMUCE1 tllc alto+e MMIC41 Ral,)Grl: L- Bold(ic and Roberta U• llolduc t :41tt{ At1ukavv!CtigCA t11e Irxegoi,fg insirualcnt 11) 6C their Face art and drer Worn a-14 James F.. ))'-h �J.ly, ran:xq , z T:r C.n.,i;*ivn expucs ,..,..... Q.1t llli2�1;-.,.•�1.f................. 1!f....e}�.. '- [tL::.l,4•i,iuxl—"jai;ra'i'r:,:ulis—•'f'�r,sna iii['Umn�:+rl,'} ti .-�: Cl;,llf!"�.i.!q:5!'+;{,1ti:}1i�r;�1'::;,t•,'�:14U"I'':Y•ty7 t]P 1Q•tT y'�x 1•'rr}':E:c•1 4rr•.,ic'1!•r.fefnrr(cRral'.,'.,..a�,:•rr I,,,rz•,d,.:�:,(••r,,::ft rl.:in;l A�n.c. 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(•:.�.r•.•L,!n• .. ,. .4•:f •"�� 4{ M6349 P81085 PARCM 1X °r The land in that part of the Town of Agawam known as Feeding i Eli11s, Stampden County, Massachusetts, bounded and described as follows: r Beginning -at a ' point in the northerly )ine of Springfield Street, said point being the southeasterly corner of land herein described, thence running H. 86 22i W. aiang 'the northerly line of Springfield Street, 142.20 feet to a bolt sharking the intersection kry of . the northerly line of Springfield Street-, _ and the easterly line of North Westfield- Street, thence 'running N. 14 40, W.• along the easterly line of north Westfield Street, 2.31 feet to a. bolt; thence running :,N. 14 18' E. along the easterly line of North Westfield Street, 82.65 feet to a pipe; thence running S. i17 19' 30". E. along land now or formerly of Allan, 128.83 feet to a pipe; thence running. t'S. 4 25' 39", 2. along land now or formerly .of Kellogg, 85.58 feet to the point of beginning. �i• EXCEPTING so much therefrom as was taken by, the Town of Agawam 2 by instrument dated May 1, 1994 and recorded in the liamijden County Registry of Deeds in Book 503, Page 317. Being the same premise: conveyed to the Grantors herein by deed ° of Norma Noble Noyes, et als dated February 25, 19B2, recorded in the 1Iampr3en County Registry of needs in Book 5224, Page 342, except fox the above noted exception. Property addres— 13[60 Springfield Street eding 11111s, 6lassachusett.•s • t DFC :11. 199E Al f REG'O A%U 111c ian.60WAi. i HAMPDEN UNTY REGISTRY OFOCEEDS RECEIVED a . RECORDED �a A q INSTI � 3 TOPVNOFAGAYYAM 36 MAIN STREET AGA VAAf MA 01001 �' • 1 E: ZDECISION OF BOARD OF APPEALS ; C' TE: S S- 0 r oATEOP� ON E. ASDE, REGISTER j Petition of'. Pride Convenience Inc. Lo Premises affected: 6 North Westfield Street ate: May 16, 2001 Case #: 1651 The Board of Appeals conducted public hearings on March 22, 2001, April 5, 2001,April 12, 200.1, and a public meeting on April 12,2001, at the Agawarn Middle School Cafeteria, 68 Main Street, Agawam, MA, for all parties interested in the appeal of Pride Convenience Inc., which is seeking a Special Permit in accordance with Section 180-44,Paragraph I of the Zoning Ordinances which would allow for a "Drive-up Automated Teller Machine" at the prerni;es identified as 6 North Westfield Street. After the public hearings and after-a thorough review of the facts presented at the public hearings and individual "on-site" inspections, the Agawam Board of Appeals made the following findings: 1. The subject property is located in an area of Town zoned Business A. 2. The subject property consists of "gas-convenience store" operation which has been owned and operated by the petitioner for several decades. 3. The petitioner has purchased abutting properties in order to be allowed to uptrrade and expand its current operation. 4. The proposed ATM will meet all zoning regulation. 5. There are several automated teller machines located throughout Town including the neighboring vicinity of the subject property, y 6. Several residents spoke in opposition to this petition at the public hearings. 7. The petitioner submitted a traffic study entitled Pride Gas-Traffic Evaluation by Vanasse Hangen Brustlin, Inc. dated January 13, 2000. S. The Board has found that the specific site is an appropriate location for such a use. 9. The Board has found that there witl be no nuisance or potential hazard to vehicle or pedestrian safety. 10. The Board has found that adegUzte and proper facilities and controts can be provided for the proper and safe operation of the proposed use. I L The Board has found that the use as developed will not adversely affect the health, safety or property value of the neighborhood. _u . Page 2 Pride Convenience Inc. Case #1651 Based on its findings the Board is of the opinion that the requested relief is within the authority of the Board of Appeals to grant a Special Permit as stated under Section 180-44, paragraph I of the Zoning Ordinances. Therefore,by the unanimous vote of its three members, the Board of Appeals grants the Special Permit subject to the following conditions: I. The petitioner shall construct the proposed ATM in accordance to the plan dated April 9, 2001, drawn by V.R.D. Associates, entitled Pride, sheet 1 of 4, dated April 9,2001, which was approved and signed by the members of this Board on April 12, 2001. 2. All Sighting shall be directed inward and particular care taken for the nearest residential abutter on North Westfield Street. 3. The petitioner must receive approval from both the Planning Board and Conservation Commission. 4. The proposed structure shall be constructed in accordance with all zoning and building requirements. 5. The petitioner shall file with the Registry of Deeds a "Notice of Special Permit" form, which shall be provided by this Board and proof of said filing must be submitted to this Board and the Inspector of Buildings. 6. This Special Permit shall become null and void if construction does not commence within two (2) years from the date of this decision. Doreen Prouty I.arry�ague . Iichael uck -'w71 f T IM COMMONWTALT H OF AfASSAC USETT'S C.17 Y'OR TOWN BOARD OF APPEALS Date 6 . 2 0 01 NOTICE OF VARIANCE/ SPECIAL PERMIT Conditional or Limited Variance or Special Permit (General Laws Chapter 44A, Section I8 as amended) Notice is hereby given that a Conditional or Limited or Special Permit has been granted To: Pride Convenience Inc . Owner or Petitioner Address: 246 Cottage Street City or Town Springfield , MA 01104 6 North Westfield Street Identify Land Affected by the City J Town of Agawam Board of Appeals affecting the rights of the owner with respect to the use of prep-rises on-6 North Westfield Street_ Agawam , MA Street City or Town the record title standing in the name of. Pride Convenience Inc . whose address is: 246 Cotta e Street , Springfield , MA 01 104 Street City or Town State by a deed duly recorded in the Hampden County Registry of Deeds in Book 5189 , Page 2 7 3&2 7 4 Registry District of the Land Court Certificate. Book Page The decision of said Board is on file with the papers in Decision or Case# 1651 in the office of the City I Town Cleric Agawa4n. Signed this 16 t h day of M a y 20 01. B OF APPEaS: Chairman Clerk Received and entered with the Regist wof Deeds-in the County of Hampden, Book , Page at o'clock and minutes M. ATTEST: Register of Deeds Notice to be recorded by Land Ors BOARD OF APPEALS PUBLIC MEETING . November 14, 2005 The following members attended the public meeting: Joseph Conte, Acting Chairperson Fred Harpin Vice Chairperson Gary Suffriti, Acting Clerk Betty Manchino, Secretary 1. Commonwealth Communities, Case#1743 _ The Agawam Zoning Board of Appeals held a public hearing on November 14, 2005, at 6:30 _. P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street,Agawam, MA, for all parties interested in the appeal of Commonwealth Communities, which is seeking Special Permit in accordance with Section 180-63 of the zoning ordinances, which would$Row for the construction of 50 assisted and 100 independent living units which would exceed the height requirement on the premises commonly known as the "Country Estates Nursing Home" and identified as 1200 Suffield Street. Acting Chairperson Conte read the legal notice and explained the procedure to be followed. He then introduced the sitting members on this case: Joseph Conte, Fred Harpin and Gary Suffriti. Acting Chairperson Conte opened the hearing with reading a letter from the petitioners dated November 14,2005 at 4:45 P.M. notifying to postpone hearing because they were unable to attend, because they were in Boston. Since there were abutters in attendance, the Board allowed them to review the plans and the Board tried to answer any questions they were able to answer. In attendance for abutters were Walter Meisser, 1178 Suffield Street, Margaret Stapleton, 1244 Suffield Street and Lucy Dulude representing mother's home at 1197 Suffield Street and George Dean,who abuts property with 8.5 acres. There were others in attendance with general discussions and a lot of conversation amongst themselves. Acting Chairperson Conte assured all in attendance that abutters would be notified when new public hearing date is set and petitioners would be in attendance. Conte made a motion to close the public hearing at 6:55 P.M. and it was seconded by member Harpin. All were in favor none opposed. 2. Pride Convenience Inc. Case#1744 The Agawam Zoning Board of Appeals held a public hearing on November 14,2005 at 7:00 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street,Agawam, MA, for all parties interested in the appeal of Pride Convenience Inc.,which is seeking a Variance from Section 180-44,paragraph E of the Zoning Ordinances, to allow for the installment of an underground gasoline storage tank which would exceed the maximum storage allowance requirement at the premises identified as 5 North Westfield Street. Acting Chairperson Conte read the legal notice and explained the procedure to be followed He then introduced the sitting members on this case: Joseph Conte, Fred Harpin and Gary Suffriti. The petitioner,Mr.Bolduc, explained his existing license is for 34,000 gallons of gas and 10,000 gallons of diesel,but he only has the capacity of 6,000 diesel storage. He would like to apply for the extra 4,000 not used in diesel tank and add 4,000 more to regular gas capacity to increase the license for 42,000 regular gas and 6,000 diesel. Page 2 November 14, 2005 The reason for this increase would be for greater public safety, less deliveries. During renovation traffic would be rerouted for seven (7) days with half the station closed. The Police and Fire were satisfied with his proposal and could make any changes they deemed necessary. Action Chairperson Conte advised Mr. Bolduc that in 1982 he came to the Board and received approval for 10,000 diesel and 30,000 regular gasoline. Member Conte advised Bolduc he must seek Variance from Council. Lynette Williams, 14 North Westfield Street, abutter, spoke in opposition. More congestion. She questioned if this would mean more vents on her property line. Mr. Bolduc said no. Questioned current tanks are in a no parking zone, would new tanks be also in no parking zone, cutting down the parking area on site. Mr. Bolduc said no. Member Suffriti questioned how many less tankers would come a month. Mr. Bolduc said this would allow more flexibility to time and deliver when station not busy. Public hearing was closed at 7:22 P.M. and went into public meeting. Member Conte said vote of Board of Appeals does not have any authority to issue gas storage permit when code is mandated by the Council to 34,000 gallons. Motion to refuse application because of by-laws allowed Board of Appeals cannot make ruling. Member Conte made motion after reviewing the 1982 permit granted Pride for 30,000 gasoline, 10,000 diesel, total 40,000 gallon capacity of Town by-laws based on Section E the Board of Appeals has no authority to exceed number of gallons limited by the by- laws. Cannot make alterations and the motion to refuse Pride's application to increase its gallon capacity. Suffriti yes agree not accept Harpia yes Conte yes 4. Acting Chairperson Conte a motion and it was seconded by member Suffriti to accept the minutes of October 24,,2005. All were in favor, none opposed. 5 .Member Prouty is to contact member Conte to reschedule assisted living. 6. Acting-Chairperson Conte asked if there was any other business to come before the Board. There was none. Member Suffriti made a motion and it was seconded by member Harpin to close the.meeting. All were in favor, none opposed. The meeting was closed at 7:45 P.M. TOWN OF AGA WAM 3 6 MAIN STREET ~ AGAWAM, MA 01001 yr DECISION OF BOARD OF APPEALS ATE0 MPy Petition of. Pride Convenience Inc. Premises affected: 6 North Westfield Street N; Date: November 14, 2005 Case #: 1744 The Agawam Board of Appeals conducted a public hearing on November 14, 2 00 5, at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Pride Convenience Inc., which is seeking a Variance from Section 180-44, Paragraph E of the Zoning Ordinances, to allow for the installment of an underground gasoline storage tank which would exceed the maximum storage allowance requirement at the premises identified as 6 North Westfield Street. After moderate discussion of the by-laws, the Board of Appeals explained to Mr. Bolduc, that under present conditions the Board of Appeals could not exceed the storage limit of 30,000 gallons of gasoline, as allowed by the zoning by-laws. Mr. Bolduc was informed that the must go before the City Council for addition storage. A motion to refuse the applicant on Case#1744 was made based on the above information. A vote was taken on the motion of the three members who voted unanimously to deny this petition. ! osep C to Fred Harpin Gary 7Srf Town of Agaw' am 36 Main Street Agawam, Massachusetts 01001-1837 ` Tel. 413-786-0400 Fax 413-786-9927 November 4, 2005Cn CD Bob Bolduc Pride Convenience, Inc. 246 Cottage Street Springfield, MA 01104-4002 Dear Mr. Bolduc: At its meeting held on November 3, 2005, the Agawam Planning Board was informed that your application before the Agawam Board of Appeals is.not a Special Permit,but a variance. As such, Planning Board review is not required. The Board will take no further action on this filing at this time. If you have any questions, please contact the Planning Office at 786-0400, extension 283. Sincerely, Dennis B. Hopkins, Chairman Agawam Planning Board cc: Board of Appeals Engineering Building File o,�t,►oFA TOWN OFAGAWAM F 36 MAIN STREET � •�, AGAWAM, MA 01001 BOARD OF APPEALS ar�0 - ti rr- O c ti n— September 30, 2005 The Agawam Board of Appeals will hold a public hearing in the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, beginning at 6:30 P.M., Monday, November 14, 2005, for the following: Case#: 1743 (6:30) Petitioner: Commonwealth Communities Address: 1200 Suffield Street Reason: Seeking a Special Permit in accordance with Section 180-63 of the Zoning Ordinances, which would allow for the construction of 50 assisted and 100 independent living units which would exceed the height requirement on the premises commonly known as the "Country Estates Nursing Home"and identified as 1200 Suffield Street. Case#: 1744(7:00) Petitioner: Pride Copvenience Inc. 6 North Westfield Street - Reason: Seeking a Variance from Section 180-44, Paragraph E of the Zoning Ordinances, to aIIow for the installment of an underground gasoline storage tank which would exceed the maximum storage allowance`r6quifemerlt-atthe premisesid6ntified,as 6 North Westfield Street.. Ad ertised: Octobep 27, 2005 and November_ 3, 2005 Doreen Prouty Chairperson DPlbb TOWN 0FAGAWAM 36 ALUN STREET AGAWAM, MA 01001 BOARD OEAPPEALS Case # Filed Hearing,,, Application to Board of Appeals for front the requirements of the Zoning By-laws. Appucantrid.2 -a Tac. Address 6 Worth- Wealfield St. Application is hereby,nnade for a. from the regaiiresneats of Section# paragraph of Zoning Ordinance. Ptendses.affected: 6 Nort Address Dcsm4pthm of Prvposed exxisg brrUA I. Size of building: Y"O Height: r #of stories 2. 0em�y or'Use: (of each floor) n �-P 3_ Building Zone District: 4. Date of Erection: d�er03 5_ Has there been a previous appeal,under zoning on these premmsek Yi5f ? S_ Description of proposed work or use: Add a 15 x000 gallon uatdgrgrouad. tank. 7. The principal reasons upon which Y base my application areas, follows: We jaeed the additional storage to handle 'the requirements of the w busiaee$ in a safe maimer. The additioatal tank will allow us to deliver fuel in less-bu4X time. Signature:of owner or his authorized agent. NOTICE: TINS APPUCATION.MUST BE FIZED OUT IN INK OR TYPEWRITTEN y <r�:;„_,ran ,,,• v.t;:+�,r+ ��? j /y� P�Ef Q 7 5 R U r:�rr ll,:t.:r,V r.•!.l! V.r F:.1�r t•. _ ��i , 55�;r� K14OW ALL MEN BY THESE PR1±SENJ'S T11AT WE, Robert L. Bolducd(and Roberta B. Bolduc u!(tc 1'e064e7'z-. �r r; 217 Rrdsley Road, Longmeadow, tlalclpden COUt1ty,hl,la-:ci:rr !r• SEE ,A 9 3rX.r:id:lp?d,fUr�DlE�'slu'['F:il'pJ�1Fi' r. .'-i2 i12 lt13 CVf2fir!._r.i+Nln of the exchaIlCe for sto+A of Pride Convenience Inc. J j c;- 04.Fa PRIDE CONVENIENCE INC. '%t 246 Cottage Street, Springfield,Ilampden County With L'Id AN111 rra:r'k:l:;• :�CxScxxiex �. 1D-no ipllrrr.lrl euc,ulwrr+ra-o'EIL oq•1 See! Property Descriptions Attached Ilereto. CV . ` j 4 {t X % I I f •A U I� �I1Ci[iPEiel ..,..our....lraail5 um ;] WAS lhi ............. oa.- ........d.cy cd...........Dece:aber ."86. 'i ...............................}.....•............ ............ f , fir'awl` .. .. .7�6'^ fir.- ............- ArU. 80 1�. ... i Roberta B. Bolduc £ ....••....,.........................•...................................... ............................................... ...............-........ _ •Y ifll�r (rjiullututtul,'Ilitll Alf 917uu:�arlllfe!r111 ! ft�,;•7PE3L'N, SS. December � , 1.7 86 Tica p!fsamilly appeared 111c id3me immed Robert- L. Bolduc: and Roberta p. 1301due :rlud :2c6olv1cc1gcd the tmegohig histramc-iii 1r) l,e their Lee act ant) cli'ed• F)FU mr, .........� ,lames I ll nR , rrr,:s7 rrhlic •I.�Ikrirf r�Pr��/ 'x� (hllvhvi.lc:al� }rr:ri'Fr�Er�lrlts,.-'fcr:,na in(:alnnlerr.j n - CxAv!::i !a'.";`l;f"A!t Ah9--4`rX-i:T,'Ci4V•T!:3.197 UP 197r7 fi: 1'•r•,y,kcj pw d.j I-r m+nrd sl„1:4'••I,A: •,r 1..:,-c Lnr!rr:.+;,1 ,•r-:ii Il,t iu11 nan:r.w..'idcrr:r as+•I 1-r .r<li•t'0'1�r+i 1:r usut:: J4 :r•.-1 a rcur:!rd art•a,r:,t:••r:of rl.e(nit q&gif 'r [r 1.1.MI!rm of re:e,;t;,r,r.wu:•rrt.:urer+icrtr•in,ii aus; =v.r t;�:rir::r.:N:,i Pt::r. 7•lrr,full C9:x'd•:��rtUH':a!t rne'xa!i,a L,:.i plir•.�•.-t Ih:ra•:elvcn'• sri:!1^.,! d,Av.-ri-w r'nt wv Im- n1 1." '- :I�::n:ce ,,+e.i.rv:;: 1:, :;rs:d+r ':r r:•. .::i^!; .:-� , -: .. r!• -...i•,..':r.,: �..: rr•i-;�+ .!.: . .:: mc.d.l n, , -. :•: 'Ic ,,.,...•{a' wnl4_ .-•L+ra.rt`..rr,y s .i:r.•r 1, .,r:.- -.,r.9,r..r'r •�i r.;.g. .. ,.K-r:•:••'_�Is.i.a..:2•l�rl'al G.r rr ...'s.•: .-.4...,. - � I • ..r'•r:.rl•i•._ i:I:t1,.,ririr...:rH::r;a'1 ...rt:• � ! P , ' l RUN 6 3 rE 9 PAGE 0 6 5 k; PARCEL IX The land in that part of the Town of Agawam known as Feeding Hills, Hampden County, Massachusetts, bounded and described as +3 follows: 'Y Beginning at a point in the northerly Sine of Springfield Street-, said point being the soumetheasterly corner of land herein r described, thence running a . N. 136 22' W. alQug" the northerly line of Springfield Street, 142.20 feet to a bolt marking .the intersection of the northerly line of Springfield Street,and the easterly line of North Westfield• ' . Street, thence running N. 14 48' W. along the easterly line of North Westfield Street, 2.31 feet to a bolt; thence running f ;,N. 14 18' E. along the easterly line of North Westfield F. :t Street, 82.65 feet to a pipe; thence running 07 19' 30". E. along land now or formerly of Allan, 128.83 feet to a pipe; thence running F . GS. 4 25' 39"„2. along land now or formerly of Kellogg, 85.58 feet to the point of beginning. EXCEPTING so much therefrom as was taken by. the Town of Agawam : by instrument dated tray 1, 1984 and recorded in the Ilampden ' County Registry of Deeds in Book 503, Page 317. Being the same premises conveyed to the Grantors herein by deed of Norma Noble Noyes, et als dated February 25, 1982, recorded in the Hampden County FZegiatry of Deeds in Book 5224, Page 342, :H except for the above noted exception. r . Property addres _ 1380 Springfield Street eeding !€ills, Massachusetts t- RECE"IrD orc :} 1 9�:6 AT 11=�3 �J,); REG'0 ri�OH Tile. Un.61rii5L O A joTown of Agawam Assessor`s Office D 36 Main Street, Agawam, Massachusetts 01001-1837 Tel. 413 - 786-0400 x 258 Fax 413 - 786-9927 Email: assessor@agawam.ma.us b September 22, 2005 Mr. Robert Bolduc 246 Cottage St. y Springfield, MA 01104 Dear Mr. Bolduc; RE: Abutters list for 6 North Westfield St. (E10 2 17) The attached abutters list for the above-named property has been certified.with 24 abutters. If you have any questions, please call. Sincerely yours, Linda M. Morneau,MAA Assessor 1J:4.S TOWN OF AGAWW 786 9927 P.05 Town Agdwam s 36 Main Street Agawam, MassachusetU 01001-1837 r TeL 413-786-0400 Fax 413-SSG-9927 ))ATE: Sept. 14, 2005 "- CERTMCAIION OF ABUTTERS LIST - ' r U PROP TYLOCATION: -6 North Weatfield Eit. MAP#.��5 LO w BLOCK#- �- LOT# 14 _ CONTACT PERSON NAME:Robert Bolduc CONTACT PERSON- ADDRESS 246 Cottage St. 4ringfield2 MA_01104 CONTACT PERSON-PHONE NUMBER 41 737_---6992 .A13UTTERS r 6 C.r%w " kg n j_T - Map#_Z-!'jC1.Block# -�_-Lot*_Z. Address of property: _] _ '0 P �C,Li a ' Address of Owner:P S C N ij. _ter Z Q l r Name:i ANC PI i s A, CqW Map#_�D.i o Block# Lot# Address of Property: Address of Oviner: y _` t,-]u, j Ee+ s -camu e, 141 M 9. v IoL-so SEP-12-2005 19:43 TOWN OF AGAWAM 7B6 9927 P.06 ABUMRS Page# Ar SSC L, l +2tCAAR-bk -riz t erl zoL..ts Name: Map# E t U Block# Lot# I z. Address ofproperty ' s3 c;j> ,-, Address of Owner: - ► CA -4&>-a Name: 6'�z�� I ►�C._.._..-- .----- Map# 10 Blac,k#_ Address of property: f.7, -- Address of der: ! s . rA 1 Name: L m *',tir Ma Cq Block# Lot# Address of property : 1 33!1 Address of Owner; U57—Tr1k5~L6;- Q ,4i -)F F1 Name:9 wtJ Cg Block# Lot# Address of property: 11 a u,i�1 W 65:M sc ---Sy Address of Owner: M N , © _ Name: ��M s Y�];� _ _— - -- — Mag## _ Block# le Lot# . Adciress of property : �3 Name: -, M fl CNTCR s Ma #-�5 i D Block# a Lot#¢ - Address ofproparty: T F, Address of Owner:A �RE rva Q:q- SEP-12--2005 19 d3 TOWN OF AGAWAM 7B6 9927 P.07 T� Pag_._.,,_. --.... . N=a : S T. 'Arc, Ma # /C) Bloom# Lat# ✓ Address of Owner; Nj—. +, P u N81Tl�. �GQ N C� ��SLZ5 l-0_IJG@g� ?fb JAL CfjQj20A N �N I Q 13100W Lot# a i Address of property ; ► Address of Owner: Name:-b G P_A LM A map# bj 0. BjocV l _ Lots—, Address ofproperty: t,v jC ' !i7rla Address of owner. Address of pro e i Address of Qner: =a - C r Name: �T N��._. C." js-rr, -,a - �� Map#,��- Block# � Lot#.i3 L A.,ddress of property: i Address of Owner: 17t, W,,-q4-,SPP-j f Tame:- C gYbi_ EO LTA L.L C- Map# !C? Ioc # , Lvt# a i t/ address of properW. J address of er: Spa ..._ � -r_. 'r!�i_Lr� � . SEP-12-2005 19:44 TOWN OP AGAWAM 7BG 9927 P.9G A, ti t . .......�.__.�«...—.T._.«...��.r.v..y.�_ w�. .a..«n YNN-+vw ��e—..�-.....^'1�� Mr_�_._.��_.... .....r�M...�.... Y • ...a_i. ..��.__ � �.r ��r-__..__. Name c E 1LMA_ tr-r�.�PTrJ e- Map# Block# Address of property : Address of Owner, La:�, Name: _LO I LL I V�M Z-� A. Map#C t o dock#a Low - Address ofproperty .: 1 41 o -�' Address of Owner. Iq Mpg_-_v" I 372, Name: w&, fA m • Ma # 1310ck# Low Ar.PwA" TVr3lnrz Rli Address ofpropedy Address of Owner_3(a M_p_j rti3 ,_ A(-,AcWAwt % Name: PA Lta I-ZM __RCAL:x�l ico C. _ , Map# C 9 Bloom# _.sa— . Lot# _ Address of property: 13,59 f +J s , Address of owner: ;rt S _ / =Name: L M �-r ��ap#�T Black# �.ot�# 8. v/ Address ofproperty : I Address of Owner: _ [0CDp (21A fjRAr Am_ 3, c Pt ►acar r M�►_, _i_LoR��_ 4��A Gi�RA�IS LLC Name: ri TN. r'.'� � _,___._ Iv1ap# e fQ Block# Lot# � Address of property: I•I a + +, Address of Owner: _Lam Qr- T�e:2s-)tG..L4;� `�j.��',t�_�1"�1 TOTAL P.e8 W- 2©05 1 44 TOW OF FU�A6M `786 `92 r P-�t :...._ _ __._ . _� ._�._._ -..�.,. ..._.__._. - •"- - ABUTTE CR IZY+G n3 Name.: Map#_ i 0 B o� Lot#_,, E Address of property: 444 + s-r �� s- . } Address of Owner. W cST.P71,5cb Ma # ql., W&14 Lo-t# V/ Address ofproperty : �_ � P 21.N( � _ 5--t__............ Address c�fez: " j7._�!`'1�cS,�-Er�.�,� ��c�r-`...�; ,?�? z�NC�F•t�L � �� Sur f eCY"PC,N ! n►C, Name: _ �4`;T1 ",i�PQn. -i-A Sr'' Map# q.. Block#--,J� Lot# f_a Address ofproperty:_ - D 1C)_ Address of owner: I two I M,Ae21ZGT _Si '. .� ri4 I c-:;-t-.f? t�,�._�' LA Name:C D-L-]t wL- 'Tom.t Map#. � . .31ock#�� Lot# J Address of property .1 � ��;- rr'�. �Za_ Address of t�f Owner: �i_: M ELI �T — �s��r� �-� _ 'L R , . �� -- , _Name-, F _ a.�ap� Block# �� Lot# Address of property .............. _ -""--" Address of Owner' } -Tame: address of property: Adre8s Of Owa;er: TOTAL. P.0• Page I of 1 Y Abutters To Parcel E10 2 17 PRIDE CONVENIENCE INC 246 COTTAGE STREET SPRINGFIELD, MA 01104-4002 PID: E10 2 22 PID: E10 2 14 1/ PID: E10 2 21 '� PID: E10 2 9 v I&] AGAWAM REALTY ST MARIE ENTERPRISES INC COYOTE REALTY LLC BRAGARAUS LLC ASSOCIATES L 363 TREMONT ST 7 MOSHER STREET 60 NORTH WESTFIELD S-f 98 CUTTER MILL RD SPRINGFIELD , MA 01104- WEST SPRINGFIELD , MA FEEDING HILLS, MA 010.' GREAT NECK, NY 11021- 1725 01089 2150 3006 PID; D10 1 22 t/ PID: E10 2 13 ✓ PID: E10 2 11 L/ GUAY TIMOTHY M PID: D10 120 45 NORTH WESTFIELD 363 TREMQNT ST ST MARIE ENTERPRISES INC DE PALMA REALTY INC 4 NOTTA CARMEN A 44 WESTFIELD 5T STREET SPRINGFIELD , MA 01104- 65 THISTLEDOWN FEEDING HILLS, MA 010: FEEDING HILLS , MA 01030- 1725 SUFFIELD,CT 06078 1606 1672 PID: E10 2 12 PID: D10 1 21 ✓ PID: E10 2 15 ASSELIN RICHARD R TR& FEEDING HILLS WILLIAMS LYNETCE A CAROLE A 21 NO WESTFIELD ST 14 NO WESTFIELD ST 1981-118 MEMORIAL DR FEEDING HILLS , MA 01030- FEEDING HILLS , MA 01030- CHICOPEE, MA 0100220-4322 1672 1606 PID: E10 2 20 ✓ PID: D10 1 19 PID: E9 2 2 ✓ PID: E9 2 3 ✓ ST MARIE ENTERPRISES INC DEPALMA REALTY INC TOWN OF AGAWAM COYOTE REALTY LLC 1385 HANCOCK ST 65 THISTLEDOWN 36 MAIN STREET 7 MOSHER STREET QUINCY, MA 02169 SUFFIELD, CT 06078 AGAWAM ,MA 01001-I825 WEST SPRINGFIELD, MA / / 01089 PID: E9 2 4 ✓ PID: E9 2 5 `� PID: E9 2 6 PID: D9 6 12 PALATIUM REALTY INC PALATIUM REALTY INC PALATIUM REALTY INC SUN COMPANY INC. 65 THISTLEDOWN 65 THISTLEDOWN 65 THISTLEDOWN 1801 MARKET ST SUFFIELD , CT 06078 06078 SUFFIELD,CT 060�8 SUFFIELD,CT 06078 PHILADELPHIA, PA 1910: PID: E9 2 13 V PID: D9 6 13 7 PID: D9 6 8 PID: D9 6 10 A-�_ TOWN OF AGAWAM NOLAN PATRICK 5 S&L ASSET MANAGEMENT CALVARY ASSEMBLY 36 MAIN ST 776 WESTFIELD ST CO 34 MEADOW ST AGAWAM , MA 01001-1825 WEST SPRINGFIELD, MA 1000 WILBRAHAM RD WESTFIELD, MA 01085- 01089 SPRINGFIELD , MA 01109 3245 PID: D9 6 9 +/ DAMES ELIZABETH L.T. 30 SOUTH WESTFIELD ST FEEDING HILLS, MA 01030 i http://hosting.tighehond.cotn/agawam/(rtktgn45sOwtvj3ajw4hm255)/Parcel Results.aspx?... 9/22/2005 'TOWn of Agawam Page 1 of 2 Parcel Sea+rdt - Aeriai p Sb FT 01 r E141 14 S4�TH1G ST :. db E9 - '- �. vs . sn� HAMILTO ■ , ci rL 1,.. _ ~' r F r e a w ■__ � i jBrRCLIFF DFt. ;,`; • I/1LIa� dw Abutter Distance Printable Maps New Search 300 feet About Web Mapping Search Rest Set Scale I 4 n 0 http://hosting.tighebond.conVag,iwam/(rtktgn45sOwtvj3ajw4hm255)/Parcel-Results.aspx?... 9/22/2005 Massachusetts 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 87-451 Provided by DEP A. Project Information Important: When filling oiA 1. This Certificate of Compliance is issued to: forms on the Robert Bolduc, Pride Convenience, Inc. computer, use Name - - _ only the tab key to move 246 Cottage Street your cursor- Mailing Address do not use the 8 rin field MA 01104 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: Pride Convenience, Inc. Name July 14, 2000 87-451 _ Dated ^� — DEP File Number 3. The.project site is located at: 6 North Westfield Street Feeding Hills Street Address City/Town E 10 2117 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: same � _ 77 cn Property Owner(if different) r7= Hampden 5189 273 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: wpafofm 6b.doc•rev.121 WOO Page 160 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 (font.) ❑ 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 10-14-04 Conservatitn Cammissioni 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:. 2L Fr PI Steven Doug as k Me- gh 5 eryl ec kar i wAaform shd x•rev.12J15P00 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Fife Number: t WPA Form SB — Certificate of Compliance $7-451 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Hampden 14th October 2004 On this Day Of Month Year before me, the undersigned Notary Public, personally appeared Fred Harpin, Frank Meagher, Sheryl Becker, 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 Agawam Conservation Commission City/Town Signature of Notary Public Pamela R. Edmunds Printed Name of Notary Public Place notary seal and/or any stamp above June 4, 2010 My Commission Expires(Date) wpeform 0b.doc•rev.12Ji5l00 Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File number: WPA Form 8B — Certificate of Compliance 87-451 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: 8 North Westfield Street 87-451 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 8b.dm•rev.1211M0 Page 4 of 3 TOWN OFAGAWAM Q� 36 MAI1 T STREET AGAWAM, MA 01001 DECISION OF BOARD OF APPEALS Petition of. Pride Convenience, Inc. Premises affected: 6 North Westfield Street Date: September 27, 2004 Case#: 1711 The Agawam Board of Appeals conducted several public hearings and a meeting, at the Library Conference Room, Agawam Public Library, 750 Cooper Street,Agawam, MA, for all parties interested in the appeal of Pride Convenience,Inc. which is seeking to alter previously granted Special Permits (Cases#1649, 1650, 1651, 1652)to allow for changes to the approved site plan located at the premises identified as 6 North Westfield Street. After the public hearing, and after a thorough review of the facts presented,the Agawam Board of Appeals made the following findings: 1. The subject property is located in an area of Town zoned Business A. 2. The subject property received four Special Permits (Cases #1649, 1650, 1651, 1652 dated May 16, 2001)which included a site plan that was approved by this Board. 3. The petitioner wishes to alter the previously approved site plan. 4. A memo from the Engineering Department was received, dated September 24, 2004, stating that all concerns have been satisfactorily addressed by the petitioner. 5. An abutter to the subject property voiced her objections. 6. The Board has found that this specific site is an appropriate location for such a use. 7. The Board has found that the use as developed will not adversely affect the health, safety or property values of the neighborhood. 8. The Board has found that there will be no nuisance or potential hazard to vehicle or pedestrian safety. 9. The Board has found that adequate and proper facilities and controls can be provided for the proper and safe operation of the proposed use. Based on its findings, the Board is of the opinion that the requested relief is within the authority of the Board of Appeals to grant a Special Permit to Pride Convenience, Inc. to alter its previously approved site plan. o Page 2 Pride Convenience, Inc. Case#1711 Therefore,by a unanimous vote of its three members, the Board of Appeals grants the Special Permit subject to the following conditions: i. The new site plan is to be altered according to the plans entitled: "Pride, Drawing Title: Site Plan, revised October 13, 2003", and signed by the members of this Board on September 27, 2004. 2. The alterations are to meet all building and zoning regulations. 3. There is to be no selling and/or distributing merchandise, such as flowers and like items, outdoors on the subject property. 4. The petitioner shall record with the Registry of Deeds a"Notice of Special Perrnit"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. 6u �2r-t� Doreen Prouty/4-i- y Fred Harpin Gary S friti fir, T30ARD OF APPEALS PUBLIC MEETING .Tune 28, 2004 1. Appeal of: Pride Convenience,Inc. Case#f 1711 The Agawam Zoning Board of Appeals held a public hearing on.Tune 28 2004,at 6:35 P.M.,at the Library Conference Room,Agawam Public Library, 750 Cooper Street,Agawam, MA,for all parties interested in the appeal of Pride Convenience, Inc., which is seeking to alter previously granted Special permits, (Cases #I649,11 50,165 I,1652) to allow for changes to the approved site plan located at the premised identified as 6 North Westfield Street. The Chairperson; opened the public bearing at 6.35 P.M. She read the legal notice and explained the procedure to be followed. Ms. Prouty then introduced the members of the Board. The members sitting on this case are: Doreen Prouty, Fred Harpin and Gary Suffriti. At the last hearing, on May 24, 2004, the;Board agreed to send a letter to Mr. Bolduc requesting information required to satisfy cgnditions, be brought to this meeting. Mr. Bolduc made some changes during construction which were different from the original plans. The changes to the original plans, which were approved and signed by this Board,now require approval. The Engineering Department also made modifications. There were five (5)outstanding issues, which were confirmed resolved, in a letter dated June 25, 2004, by Town Engineer, Georganne Hoyman. The only issue remaining unresolved to date, is the markings on the pavement. Mr. Bolduc and the Board discussed the process of receiving approval from the Planning Board first or the Board of Appeals first, as the process has changed since his original submission. A letter was mailed to Mr. Bolduc on May 24, 2004 outlining the approval procedures and noting that approval from the Planning Department must be acquired first before the Board of Appeals may consider approval, and sequentially move forward into a public meeting arena. The following items were discussed and agreed upon between the petitioner and the Board. 1. The Board voted unanimously to grant a ninety(90) day extension to allow Mr. Bolduc to acquire approval from the Planning Board. 2. A letter is to be mailed to Debbie Dachos, informing her of Mr. Bolduc's extension, as well as the need for Planning Board approval 3. After requirements are met,a hearing will be conducted as soon as the Board of Appeals hears back from Mr. Bolduc, which may occur sooner than the ninety (90) day extension, at which time the Board will meet on the subject. A motion was made by Chairperson Prouty and seconded by Member Conte to continue this hearing. All were in favor, none opposed. 2. Appeal of: Village Swiss Limited Partnership. Case # 1719 The Agawam Zoning Board of Appeals held a public hearing on June 28 2004, at 7:30 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam,MA, for all parties interested in the appeal of Village Swiss Limited Partnership, which is seeking a Variance from Section 180-35 of the Zoning Ordinances which would allow for the construction of a single family structure with less than the required lot size, located at the premises identified as Lot#15, Meadow Street/James Avenue. o -' x- -a . n cn :w rTs Page 2 June 28, 2004 Attorney David Martel, representing the petitioner, distributed lot plans and attached documentation to the Board, illustrating how ownership has progressed over the years in question. The petition is for a variance. Lot history shows no variance is needed, as it is grand- fathered. The facts presented-are as follows: 1. As of 1955 requirements were made, in an addition (Section 6G),requiring 83 feet of frontage and 9600 feet of area, for a lot to be deemed buildable.. There was discussion regarding ownership, the parcels and lot protection. Attorney Martel added,that the lots were separate, and a variance is not needed. Member Conte,who also researched the lots, found the lots to be separate and to be"protected lots". Ann Rachel, 386 Meadow Street,raised a concern about excessive footage,which again was covered by the lot history research. Chairperson Prouty referred back to Section 6 of the Zoning Act, concerning pre-existing lots and the State zoning requirement; currently fifty feet(50) of frontage and 5, 000 square footage which must be separately owned. Ann Grimaldi, 36 James Avenue, also questioned the zoning requirement for buildable land. The State requirements were again reiterated. The Chairperson made a motion, and it was seconded,by Member Conte, to close the public hearing at 8:17 P.M. and go immediately into a public meeting. All were in favor,none opposed. Chairperson Prouty stated that the petitioner proved separate lot protection. The Chairperson called for a vote that the Board agree this lot is protected under MGL Chapter 40A, Section 6. The result which is as follows: Chairperson: Doreen Prouty yea Acting Vice Chairperson Joseph Conte yea Acting Clerk Trina Davis yea Chairperson Prouty explained the twenty(20) day appeal process. The Chairperson made a motion and it was seconded by Member Conte to close the meeting. All were in favor,none opposed. The meeting was closed at 8:30 P.M. Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 o . Oh C- September 7, 2006 rn c-) Lillian Provost c¢rs 482 Mill Street Cn f"c Feeding Hills, MA 01030 '� m Dear Mrs. Provost. At its duly called meeting held on September 7, 2006, the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not Required" for a parcel of land located on Mill Street/Line Street. Plans drawn by R.A. Foresi Associates and dated August 21, 2006. Sincerely, AGAWAM PL O RD Pie a be advised that failure to record the plan within six (6) months and provide proof of recording will negate the action of the Board. Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam, MA 011001. To Agawam Planning Board Please be advised that the Form A plan that was filed by Provost and approved by the Agawam Planning Board for a parcel of land located on Mill/Line St. has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant 174, RG'f TOWN OF AGAWAM 36 �IAIti STREET AGA�VaM, 1�1: Tel. 4I3-786-0400 FORMA '. Yet L3 `.'.1'- £Y.+• W6 CC ApP licati n f r Endorsement of Plan Not Believed to R uire Approval FILE ONE COMPLETED FORM WITH THE MANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION ]i-B Agawam, MAIJ n TO THE PLANNING BOARD: rn The undersigned, believing that the accompanying plan of his property in the Town 0�0 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. r I. Name of Applicant �� knif\ _L . - a t1a� - - _,...�. Address �Y e+ -- iiL - MATES 2. Flame of Surveyor `. .''��J+ Address � ,Fti �._� , _MA 01089 _ - 3. Deed of Property Recorded in cf,r Book _2,1 - Page Ll 4. Location of Property _ Z � /l S717- 5. Describe the prolp_osal in this submission: ATTACHMENTS - Two originals and three copies of plan by certifigd land surveyor. Filing Fee.- $35.00. Signature of Owner Address c